certificate of legal origin for anadromous fish products

certificate of legal origin for anadromous fish products Sec. 801. (a) Negotiations.—Within 60 days after the date of enactment of this Act, the Secretary of State shall commence negotiations with nations which import or export anadromous fish or anadromous fish products for the purpose of securing general agreement among such nations to implement effective measures to prohibit international trade in anadromous fish or anadromous fish products unless such fish or fish products are accompanied by a valid certificate of legal origin attesting that the fish or fish product was lawfully harvested— (1) within the jurisdiction of a nation having naturally occur-ring or artificially established anadromous fish populations of the same species as the imported or exported product; or (2) on the high seas according to an international agreement among nations with jurisdiction over more than 1 percent of the stocks of anadromous fish being so harvested. (b) Issuance of Certificates.—For the purposes of subsection (a), a valid certificate of legal origin may be issued only by a nation which— (1) is the nation having jurisdiction over the vessel or other means by which the fish or fish product was harvested; and (2) maintains regular harvests of anadromous fish in a manner consistent with the criteria for lawful harvests set out in subsection (a). (c) Bilateral or Multilateral Agreements.— Efforts under-taken by the Secretary of State pursuant to subsection (a) may, at the discretion of the Secretary, be directed toward achieving either bilateral or multilateral agreements, including trade agreements, whichever the Secretary determines to be most likely to result in the earliest possible date or dates of agreement by those nations which individually have in excess of $1,000,000, or the equivalent, in 104 STAT. 4465 import or export trade in anadromous fish and anadromous fish products. (d) Regulations.—The Secretary of Commerce shall, within 180 days after the date of enactment of this Act, promulgate regulations providing for— (1) the issuance of certificates of legal origin pursuant to agreements under subsection (a) for anadromous fish and anadromous fish products legally harvested by vessels of the United States; (2) the delegation of the authority to issue certificates of legal origin to States, territories, or possessions of the United States which the Secretary of Commerce determines to have implemented a program which is sufficient to accomplish the purposes of subsection (a); and (3) an orderly transition to such regulations, sufficient to ensure that United States commerce in anadromous fish and anadromous fish products is not unduly disrupted. (e) Report Required.—The Secretary of Commerce, after consultation with the Secretary of the Treasury, shall, within 180 days after the date of enactment of this Act, submit to the Congress a report— (1) making recommendations as to the need for the adoption of United States import and export restrictions on anadromous fish and anadromous fish products consistent with subsection (a); and (2) identifying, evaluating, and making recommendations regarding any specific statutory or regulatory changes that may be necessary for the adoption of such restrictions. (f) Certification.—If, at any time following the promulgation of the regulations required by subsection (d), the Secretary of Commerce finds that any nation is engaging in trade in unlawfully taken anadromous fish or anadromous fish products, the Secretary shall certify that fact to the President, which certification shall be deemed to be a certification for the purposes of section 8(a)(1) of the Fishermen’s Protective Act of 1967 (22 U.S.C. 1978(a)(1)).