international fishery agreements

international fishery agreements Sec. 105. (a) Highly Migratory Species Agreements.—Section 202 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1822) is amended by redesignating subsection (e) as subsection (f) and by inserting immediately after subsection (d) the following new subsection: “(e) Highly Migratory Species Agreements.— “(1) Evaluation.— The Secretary of State, in cooperation with the Secretary, shall evaluate the effectiveness of each existing international fishery agreement which pertains to fishing for highly migratory species. Such evaluation shall consider whether the agreement provides for— “(A) the collection and analysis of necessary information for effectively managing the fishery, including but not limited to information about the number of vessels involved, the type and quantity of fishing gear used, the species of fish involved and their location, the catch and bycatch levels in the fishery, and the present and probable future condition of any stock of fish involved; “(B) the establishment of measures applicable to the fishery which are necessary and appropriate for the conservation and management of the fishery resource involved; “(C) equitable arrangements which provide fishing vessels of the United States with (i) access to the highly 104 STAT. 4440 migratory species that are the subject of the agreement and (ii) a portion of the allowable catch that reflects the traditional participation by such vessels in the fishery; “(D) effective enforcement of conservation and management measures and access arrangements throughout the area of jurisdiction; and “(E) sufficient and dependable funding to implement the provisions of the agreement, based on reasonable assessments of the benefits derived by participating nations. “(2) Access negotiations.—The Secretary of State, in co-operation with the Secretary, shall initiate negotiations with respect to obtaining access for vessels of the United States fishing for tuna species within the exclusive economic zones of other nations on reasonable terms and conditions. “(3) Reports.— The Secretary of State shall report to the Congress— “(A) within 12 months after the date of enactment of this subsection, on the results of the evaluation required under paragraph (1), together with recommendations for addressing any inadequacies identified; and “(B) within six months after such date of enactment, on the results of the access negotiations required under paragraph (2). “(4) Negotiation.—The Secretary of State, in consultation with the Secretary, shall undertake such negotiations with respect to international fishery agreements on highly migratory species as are necessary to correct inadequacies identified as a result of the evaluation conducted under paragraph (1). “(5) South pacific tuna treaty.—It is the sense of the Congress that the United States Government shall, at the earliest opportunity, begin negotiations for the purpose of extending the Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of the United States of America, signed at Port Moresby, Papua New Guinea, April 2, 1987, and it Annexes, Schedules, and implementing agreements for an additional term of 10 years on terms and conditions at least as favorable to vessels of the United States and the United States Government.”. (b) Determinations of Secretary of State.— (1) Section 205(a) of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1825(a)) is amended— (A) in paragraph (1) by striking “traditional” and by inserting “including fisheries for tuna species,” immediately after “authority,”; and (B) in paragraph (2) by striking “highly migratory” and inserting in lieu thereof “tuna”. (2) The amendments made by this subsection shall take effect on January 1, 1992.