(C) 63 a copy or a summary of the application to the appropriate Council, 64

(5) ACTION BY COUNCIL.-After receiving a copy or summary of an application under paragraph (4)(C), the Council may 65 prepare and submit to the Secretary such written comments on the application as it deems appropriate. Such comments shall be submitted within 45 days after the date on which the application is received by the Council and may include recommendations with respect to approval of the application and, if approval is recommended, with respect to appropriate conditions and restrictions thereon. Any interested person may submit comments to such Council with respect to any such application. The Council shall consider any such comments in formulating its submission to the Secretary.

(6) APPROVAL. (A) 66 After receipt of any application transmitted under paragraph (4)(A), the Secretary shall consult with the Secretary of State and, with respect to enforcement, with the Secretary of the department in which the Coast Guard is operating. The Secretary, after taking into consideration the views and recommendations of such Secretaries, and any comments submitted by any Council under paragraph (5), may approve, subject to subparagraph (B) 61 the application, if he determines that the fishing described in the application will meet the requirements of this Act 67 or he may disapprove all or any portion of the application.

(B) 66 (i) In the case of any application which specifies that one or more foreign fishing vessels propose to receive at sea United States harvested fish from vessels of the United States, the Secretary may approve the application unless the Secretary determines, on the basis of the views, recommendations, and comments referred to in subparagraph (A) and other pertinent information, that United States fish processors have adequate capacity, and will utilize such capacity, to process all United States harvested fish from the fishery concerned.

(ii) The amount or tonnage of United States harvested fish which may be received at sea during any year by foreign fishing vessels under permits approved under this paragraph may not exceed that portion of the optimum yield of the fishery concerned which will not be utilized by the United States fish processors.

(iii) In deciding whether to approve any application under this subparagraph, the Secretary may take into account, with respect to the foreign nation concerned, such other matters as the Secretary deems appropriate.

64 Sec. 120(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4459) capitalized "council".

65 The words to this point in par. (5) were substituted in lieu of the words "After receipt of an application transmitted under paragraph (4)B), each appropriate Council shall" by sec. 3(4) of Public Law 97-453 (96 Stat. 2483).

66 Sec. 4(7) of Public Law 95-354 (92 Stat. 520) designated the first paragraph of par. (6) as subpar. (A), added the words "subject, to subparagraph (B)," and also added the text of subpar. (B).

67 The words following this note to the end of the sentence were added by sec. 102(3) of Public Law 99-659 (100 Stat. 3707).

(7) ESTABLISHMENT OF CONDITIONS AND RESTRICTIONS.-The Secretary shall establish conditions and restrictions which shall be included in each permit issued pursuant to any application approved under paragraph (6) and which must be complied with by the owner or operator of the fishing vessel for which the permit is issued. Such conditions and restrictions shall include the following:

(A) All of the requirements of any applicable fishery management plan, or preliminary fishery management plan, and the regulations promulgated to implement any such plan.

(B) The requirement that no permit may be used by any vessel other than the fishery vessel for which it is issued. (C) The requirements described in section 201(c) (1), (2), and (3).

(D) 68 If the permit is issued other than pursuant to an application approved under paragraph (6)(B), the restriction that the foreign fishing vessel may not receive at sea United States harvested fish vessels of the United States.

(E) 68 If the permit is issued pursuant to an application approved under paragraph (6)(B), the maximum amount or tonnage of United States harvested fish which may be received at sea from vessels of the United States.

(F) 68 Any other condition and restriction related to fishery conservation and management which the Secretary prescribes as necessary and appropriate.

(8) NOTICE OF APPROVAL.-The Secretary shall promptly transmit a copy of each application approved under paragraph (6) and the conditions and restrictions established under paragraph (7) to

(A) the Secretary of State for transmittal to the foreign nation involved;

(B) the Secretary of the department in which the Coast Guard is operating; and

(C) any Council which has authority over any fishery specified in such application.69

(9) DISAPPROVAL OF APPLICATIONS.-If the Secretary does not approve any application submitted by a foreign nation under this subsection, he shall promptly inform the Secretary of State of the disapproval and his reason therefor. The Secretary of State shall notify such foreign nation of the disapproval and the reasons therefor. Such foreign nation, after taking into consideration the reasons for disapproval, may submit a revised application under this subsection. (10) 70 FEES.

68 Sec. 4(8) of Public Law 95-354 (92 Stat. 521) redesignated subpar. (D) as (F) and added new subpars. (D) and (E).

69 A former subpar. (D), which previously appeared at this point and had required a copy of each application approved also be submitted to the Senate Foreign Relations Committee and the House Merchant Marine and Fisheries Committee, was struck out by sec. 111(b) of Public Law 96-470 (94 Stat. 2239).

70 Sec. 106(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4440) amended and restated par. (10). Previously, sec. 232 of Public Law 96-561 (94 Stat. 3298) amended and restated par. (10), for an interim period of 1981, and further amended effective after 1981.

(A) Fees shall be paid to the Secretary by the owner or operator of any foreign fishing vessel for which a permit has been issued pursuant to this section. The Secretary, in consultation with the Secretary of State, shall establish a schedule of reasonable fees that shall apply nondiscriminatorily to each foreign nation.

(11) ISSUANCE OF PERMITS.-If a foreign nation notifies the Secretary of State of its acceptance of the conditions and restrictions established by the Secretary under paragraph (7), the Secretary of State shall promptly transmit such notification to the Secretary. Upon payment of the applicable fees established pursuant to paragraph (10), the Secretary shall thereupon issue to such foreign nation, through the Secretary of State, permits for the appropriate fishing vessels of that nation. Each permit shall contain a statement of all conditions and restrictions established under paragraph (7) which apply to the fishing vessel for which the permit is issued.

71*

(12) 1 *** [Repealed-1990]

(c) REGISTRATION PERMITS.-The Secretary of State, in cooperation with the Secretary, shall issue annually a registration permit for each fishing vessel of a foreign nation which is a party to an international fishery agreement under which foreign fishing is authorized by section 201(b) and which wishes to engage in fishing described in subsection (a). Each such permit shall set forth the terms and conditions contained in the agreement that apply with respect to such fishing, and shall include the additional requirement that the owner or operator of the fishing vessel for which the permit is issued shall prominently display such permit in the wheelhouse of such vessel and show it, upon request, to any officer authorized to enforce the provisions of this Act (as provided for in section 311). The Secretary of State, after consultation with the Secretary and the Secretary of the department in which the Coast Guard is operating, shall prescribe the form and manner in which applications for registration permits may be made, and the forms of such permits. The Secretary of State may establish, require the payment of, and collect fees for registration permits; except that level of such fees shall not exceed the administrative costs incurred by him in issuing such permits.

SEC. 205.72 IMPORT PROHIBITIONS.

(a) DETERMINATIONS BY SECRETARY OF STATE.-If the Secretary of State determines that

(1) he has been unable, within a reasonable period of time, to conclude with any foreign nation an international fishery agreement allowing fishing vessels of the United States equitable access to fisheries over which that nation asserts exclusive fishery management authority,73 as recognized by the United

71 Par. 12 was repealed by sec. 106(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4441). It had provided for the revocation, suspension, limiting, or denial of permits for any foreign country determined to be in violation of sec. 307 of this Act (16 U.S.C. 1857).

72 16 U.S.C. 1825.

73 Effective January 1, 1992, pursuant to sec. 105(b) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4440), "including fisheries of the tuna species" will be inserted after "authority,"; "traditional" will be struck from par. (1); and in par. (2), "highly migratory" will be replaced with "tuna".

States, in accordance with traditional 73 fishing activities of such vessels, if any, and under terms not more restrictive than those established under sections 201 (c) and (d) and 204(b) (7) and (10), because such nation has (A) refused to commence negotiations, or (B) failed to negotiate in good faith;

(2) any foreign nation is not allowing fishing vessels of the United States to engage in fishing for highly migratory 73 species in accordance with an applicable international fishery agreement, whether or not such nation is a party thereto;

(3) any foreign nation is not complying with its obligations under any existing international fishery agreement concerning fishing by fishing vessels of the United States in any fishery over which that nation asserts exclusive fishery management authority; or

(4) any fishing vessel of the United States, while fishing in waters beyond any foreign nation's territorial sea, to the extent that such sea is recognized by the United States, is seized by any foreign nation

(A) in violation of an applicable international fishery agreement;

(B) without authorization under an agreement between the United States and such nation; or

(C) as a consequence of a claim of jurisdiction which is not recognized by the United States;

he shall certify such determination to the Secretary of the Treas

ury.

(b) PROHIBITIONS.-Upon receipt of any certification from the Secretary of State under subsection (a), the Secretary of the Treasury shall immediately take such action as may be necessary and appropriate to prohibit the importation into the United States

(1) of all fish and fish products from the fishery involved, if any; and

(2) upon recommendation of the Secretary of State, such other fish or fish products, from any fishery of the foreign nation concerned, which the Secretary of State finds to be appropriated to carry out the purposes of this section.

(c) REMOVAL OF PROHIBITION.-If the Secretary of State finds that the reasons for the imposition of any import prohibition under this section no longer prevail, the Secretary of State shall notify the Secretary of the Treasury, who shall promptly remove such import prohibition.

(d) DEFINITIONS.-As used in this section

(1) The term "fish" includes any highly migratory species. (2) The term "fish products" means any article which is produced from or composed for (in which or in part) any fish. SEC. 206.74 LARGE-SCALE DRIFTNET FISHING.

(a) SHORT TITLE.-This section incorporates and expands upon provisions of the Driftnet Impact Monitoring, Assessment, and Con

74 16 U.S.C. 1826. Sec. 206, relating to transitional provisions, was added by Public Law 95-6 (91 Stat. 14), and amended and restated by sec. 107(a) of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4441).

trol Act of 1987 and may be cited as the 'Driftnet Act Amendments of 1990'.

(b) FINDINGS.-The Congress finds that

(1) the continued widespread use of large-scale driftnets beyond the exclusive economic zone of any nation is a destructive fishing practice that poses a threat to living marine resources of the world's oceans, including but not limited to the North and South Pacific Ocean, and the Bering Sea;

(2) the use of large-scale driftnets is expanding into new regions of the world's oceans, including the Atlantic Ocean and Caribbean Sea;

(3) there is a pressing need for detailed and reliable information on the number of seabirds, sea turtles, nontarget fish, and marine mammals that become entangled and die in actively fished large-scale driftnets and in large-scale driftnets that are lost, abandoned, or discarded;

(4) increased efforts, including reliable observer data and enforcement mechanisms, are needed to monitor, assess, control, and reduce the adverse impact of large-scale driftnet fishing on living marine resources;

(5) the nations of the world have agreed in the United Nations, through General Assembly Resolution Numbered 44-225, approved December 22, 1989, by the General Assembly, that a moratorium should be imposed by June 30, 1992, on the use of large-scale driftnets beyond the exclusive economic zone of any nation;

(6) the nations of the south Pacific have agreed to a moratorium on the use of large-scale driftnets in the South Pacific through the Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific, which was agreed to in Wellington, New Zealand, on November 29, 1989; and

(7) increasing population pressures and new knowledge of the importance of living marine resources to the health of the global ecosystem demand that greater responsibility by exercised by persons fishing or developing new fisheries beyond the exclusive economic zone of any nation.

(c) POLICY.-It is declared to be the policy of the Congress in this section that the United States should

(1) implement the moratorium called for by the United Nations General Assembly in Resolution Numbered 44-225;

(2) support the Tarawa Declaration and the Wellington Convention for the Prohibition of Fishing with Long Driftnets in the South Pacific; and

(3) secure a permanent ban on the use of destructive fishing practices, and in particular large-scale driftnets, by persons or vessels fishing beyond the exclusive economic zone of any nation.

(d) INTERNATIONAL AGREEMENTS.-The Secretary, through the Secretary of State and the Secretary of the department in which the Coast Guard is operating, shall seek to secure international agreements to implement immediately the findings, policy, and provisions of this section, and in particular an international ban on large-scale driftnet fishing. The Secretary, through the Secretary of State, shall include, in any agreement which addresses the taking