(A) upon publication of a revised list under section 303(b), and a revised addendum which does not include a fishing vessel owned or controlled by the person who also owns or controls the vessel or facility to which the prohibition applies; or (B) on the date that is ninety days after such person terminates ownership and control in fishing vessels that are listed on the addendum under section 303(b). SEC. 306.10 DEFINITIONS. In this title, the following definitions apply: (1) CENTRAL BERING SEA.-The term "Central Bering Sea" means the central Bering Sea area which is more than two hundred nautical miles seaward of the baselines from which the breadth of the territorial seas of the United States and the Russian Federation are measured. (2) 12 CENTRAL SEA OF OKHOTSK.—The term "Central Sea of Okhotsk" means the Central Sea of Okhotsk area which is more than two hundred nautical miles seaward of the baseline from which the breadth of the territorial sea of the Russian Federation is measured. (3) 12 FISHING VESSEL.-The term "fishing vessel" means any vessel which is used for (A) catching, taking, or harvesting fish; or (B) aiding or assisting one or more vessels at sea in the performance of fishing operations, including preparation, supply, storage, refrigeration, transportation, or processing. (4) 12 OWNS OR CONTROLS.-When used in reference to a vessel or processing facility— (A) the term "owns" means holding legal title to the vessel or processing facility; and (B) the term "controls" includes an absolute right to direct the business of the person owning the vessel or processing facility, to limit the actions of or replace the chief executive officer (by whatever title), a majority of the board of directors, or any general partner (as applicable) of such person, to direct the transfer or operations of the vessel or processing facility, or otherwise to exercise authority over the business of such person, but the term does not include the right simply to participate in those activities of such person or the right to receive a financial return, such as interest or the equivalent of interest, on a loan or other financing obligation. (5) 12 PERMITTED FISHING VESSEL.-The term "permitted fishing vessel" means any fishing vessel that is subject to a permit issued by the Secretary of Commerce under the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).9 (6) 12 PERSON.-The term "person" means any individual (whether or not a citizen of the United States), any corporation, partnership, association, cooperative, or other entity 12 Sec. 502(b) of Public Law 104-43 (109 Stat. 391) redesignated paras. (2) through (6) as paras. (3) through (7), respectively, and added a new para. (2). (whether or not organized under the laws of any State), and any State, local, or foreign government, or any entity of such government or the Federal Government. (7) 12 PROCESSING FACILITY.-The term "processing facility" means any fish processing establishment or fish processing vessel that receives unprocessed fish. SEC. 307.10 TERMINATION. This title shall cease to have force and effect after the date that is seven years after the date of enactment of this Act, except that any proceeding with respect to violations of section 302 occurring prior to such termination date shall be conducted as if that section were still in effect. TITLE IV-MISCELLANEOUS PROVISIONS SEC. 401. INTERMEDIARY NATIONS INVOLVED IN EXPORT OF CERTAIN TUNA PRODUCTS. (a) INTERMEDIARY NATION DEFINED.-Section 3 of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended by redesignating paragraphs (5) through (14) as paragraphs (6) through (15), respectively, and by inserting immediately after paragraph (4) the following new paragraph: "(5) The term 'intermediary nation' means a nation that exports yellowfin tuna or yellowfin tuna products to the United States and that imports yellowfin tuna or yellowfin tuna products that are subject to a direct ban on importation into the United States pursuant to section 101(a)(2)(B).”. (b) Embargo on Imports From Intermediary Nations.-Section 101(a)(2)(C) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)(C)) is amended to read as follows: "(C) shall require the government of any intermediary nation to certify and provide reasonable proof to the Secretary that it has not imported, within the preceding six months, any yellowfin tuna or yellowfin tuna products that are subject to a direct ban on importation to the United States under subparagraph (B);". SEC. 402. AUTHORITY TO EXTEND REEMPLOYMENT RIGHTS. For purposes of employee rights and entitlements conferred by or pursuant to subchapter IV of chapter 35 of title 5, United States Code, the Secretary of State may, notwithstanding any other law or regulation, extend the reemployment rights of an employee of the United States who, as of January 1, 1992, was serving with the Intergovernmental Panel on Climate Change. Such extension may be made for two years, and may be further extended for one year, if the Secretary of State determines that such service is in the national interest and is necessary to facilitate the activities of the Intergovernmental Panel on Climate Change or any successor orga nization. 8. International Dolphin Conservation Act of 1992 Partial text of Public Law 102-523 [H.R. 5419], 106 Stat. 3425, approved October 26, 1992 AN ACT To amend the Marine Mammal Protection Act of 1972 to authorize the Secretary of State to enter into international agreements to establish a global moratorium to prohibit harvesting of tuna through the use of purse seine nets deployed on or to encircle dolphins or other marine mammals, and for other purposes. NOTE. This Public Law consisted entirely of amendment to other laws. Section 2 added a new Title III to the Marine Mammal Protection Act of 1972 (Public Law 92522; 16 U.S.C. 1361 et seq.), relating to a global moratorium to prohibit certain tuna harvesting practices. Section 3 amended the Tunas Conventions Act of 1950 and the South Pacific Tuna Act of 1988. 9. Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 1 Partial text of Public Law 101-646 (H.R. 5390] 104 Stat. 4761, approved November 29, 1990 AN ACT To prevent and control infestations of the coastal inland waters of the United States by the zebra mussel and other nonindigenous aquatic nuisance species, to reauthorize the National Sea Grant College Program, and for other pur poses. TITLE I—AQUATIC NUISANCE PREVENTION AND CONTROL Subtitle A-General Provisions SECTION 1001.2 SHORT TITLE. This title may be cited as the "Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990". * * * Subtitle C-Prevention and Control of Aquatic Nuisance Species SEC. 1206.3 INTERNATIONAL COOPERATION. (a) ADVICE.-The Task Force 4 shall provide timely advice to the Secretary of State concerning aquatic nuisance species that infest waters shared with other countries. (b)NEGOTIATIONS.-The Secretary of State, in consultation with the Task Force, is encouraged to initiate negotiations with the governments of foreign countries concerning the planning and implementation of prevention, monitoring, research, education, and control programs related to aquatic nuisance species infesting shared water resources. Subtitle E-Cooperative Environmental Analyses SEC. 1401.5 ENVIRONMENTAL IMPACT ANALYSES. The Secretary of State, in consultation with the Council on Environmental Quality, is encouraged to enter into negotiations with the governments of Canada and Mexico to provide for reciprocal en This Act was originally enrolled and printed in its entirety in quotation marks. Sec. 2(h) of the National Invasive Species Act of 1996 (Public Law 104-337; 110 Stat. 4091) struck out the quotation marks in titles I, II, and IV. 216 U.S.C. 4701 note. 316 U.S.C. 4726. 4 The Aquatic Nuisance Species Task Force, as established by sec. 1201 of this Act, is directed largely to matters within the United States. See 16 U.S.C. 4721. 516 U.S.C. 4751. |