(2) in subsection (e)(1)(E) (IV)[iv], by inserting "or special areas” immediately after “exclusive economic zone":

(3) in subsection (i), (A) by inserting "or special areas" immediately before the period at the end of paragraph (1)(A), (B) by inserting "or special areas" immediately after "exclusive economic zone" in paragraph (2)(A), and (C) by inserting "or special areas" immediately after "exclusive economic zone" in paragraph (2)(B); and

(4) in in subsection (j), (A) by inserting ", special areas," immediately after "exclusive economic zone", and (B) by inserting ", areas," immediately after "such zone".

REFERENCES IN TEXT

This chapter, referred to in subsecs. (c), (d), (e)(2)(C)(iii), (g), and (h)(3), (6)(D), was in the original "this Act", meaning Pub. L. 94-265, Apr. 13, 1976, 90 Stat. 331, as amended, known as the Magnuson-Stevens Fishery Conservation and Management Act, which is classified principally to this chapter. For complete classification of this Act to the Code, see Short Title note set out under section 1801 of this title and Tables.

AMENDMENTS

1996 Subsec. (a)(1), (2). Pub. L. 104-297, § 105(a)(1), added pars. (1) and (2) and struck out former pars. (1) and (2) which read as follows:

"(1) is authorized under subsection (b) or (c) of this section;

"(2) is not prohibited by subsection (g) of this section; and".

Subsec. (c)(2)(D). Pub. L. 104-297, §105(a)(2), substituted "subsection (h)” for “subsection (i)”.

Subsec. (f). Pub. L. 104-297, §105(a)(3), (4), repealed subsec. (f) and redesignated subsec. (g) as (f). See 1994 Amendment note below.

Subsec. (g). Pub. L. 104-297, § 105(a)(4), redesignated subsec. (h) as (g). Former subsec. (g) redesignated (f). Subsec. (h). Pub. L. 104-297, § 105(a)(4), redesignated subsec. (i) as (h). Former subsec. (h) redesignated (g). Subsec. (h)(2)(B) to (D). Pub. L. 104-297, §105(a)(5), added subpar. (B) and redesignated former subpars. (B) and (C) as (C) and (D), respectively.

Subsec. (i). Pub. L. 104-297, §105(a)(4), (6), redesignated subsec. (j) as (i) and substituted "section 1854" for "section 1855". Former subsec. (i) redesignated (h). Subsec. (j). Pub. L. 104-297, §105(a)(4), redesignated subsec. (j) as (i).

1994 Subsec. (f). Pub. L. 103–236 directed the repeal of section 201(f) of the Fishery Conservation and Management Act, 1976, which was executed by repealing subsec. (f) of this section which was section 201(f) of the Magnuson Fishery Conservation and Management Act. Prior to repeal, subsec. (f) read as follows: "The Secretary and the Secretary of State shall prepare and submit a report to the Congress and the President, not later than July 1 of each year, setting forth

"(1) a list of species of all allocations made to foreign nations pursuant to subsection (e) of this section and all permits issued pursuant to section 1824(b)(6)(B) of this title; and

"(2) all tariff and nontariff trade barriers imposed by such nations on the importation of such species from the United States."

1990 Subsec. (d). Pub. L. 101-627 amended subsec. (d) generally, limiting the total allowable level of foreign fishing, with respect to any fishery subject to the exclusive management authority of the United States, to only that part of the potential fishery yield which is not harvested by United States fishermen and deleting the alternative method of determining the total allowable level of foreign fishing based on the annual fishing level for each harvesting season after the 1980 harvesting season.

1986 Subsecs. (a), (e)(1)(E)(iv). Pub. L. 99-659, § 101(c)(2), substituted "exclusive economic zone" for "fishery conservation zone” in two places.

Subsec. (f). Pub. L. 99-386 substituted "The Secretary and the Secretary of State shall" for "The Secretary of the Treasury, in cooperation with the Secretary and the Secretary of State, shall".

Subsec. (i)(1). Pub. L. 99-659, §§ 101(c)(2), 103(a)(1), (2), designated existing provisions as subpar. (A), substituted "exclusive economic zone" for "fishery conservation zone", and added subpar. (B).

Subsec. (i)(2)(A). Pub. L. 99-659, § 101(c)(2), substituted "exclusive economic zone" for "fishery conservation zone".

Subsec. (i)(2)(B). Pub. L. 99-659, §103(a)(3), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: "with respect to any foreign fishing vessel while it is engaged in fishing within the fishery conservation zone

"(i) the time during which the vessel engages in such fishing will be of such short duration that the placing of a United States observer aboard the vessel would be impractical, or

"(ii) the facilities of the vessel for the quartering of a United States observer, or for the carrying out of observer functions, are so inadequate or unsafe that the health or safety of an observer would be jeopardized; or"

Subsec. (j). Pub. L. 99-659, §101(c)(2), substituted "exclusive economic zone" for "fishery conservation zone".

1984 Subsec. (d)(4). Pub. L. 98-623, § 404(1), substituted "may allocate" for "shall allocate" in provisions preceding subpar. (A).

Subsec. (e)(1)(A). Pub. L. 98-623, §404(2)(A), substituted "may make allocations to foreign nations from" for "shall determine the allocation among foreign nations of".

Subsec. (e)(1)(E)(i). Pub. L. 98-623, §404(2)(B), substituted "both United States fish and fishery products" for "United States fish or fishery products" and in

", particularly fish and fishery products for which the foreign nation has requested an allocation". Subsec. (e)(1)(E)(ii). Pub. L. 98-623, § 404(2)(C), amended provisions generally, thereby substituting "in both the advancement of existing and new opportunities for fisheries exports from the United States through the purchase of fishery products from United States processors, and the advancement of fisheries trade through the purchase of fish and fishery products from United States fishermen, particularly fish and fishery products for which the foreign nation has requested an allocation" for "in the advancement of existing and new opportunities for fisheries trade, particularly through the purchase of fish or fishery products from United States processors or from United States fishermen".

1983-Subsec. (c)(2)(D). Pub. L. 97-453, §2(a)(1), amended par. (D) generally, substituting "United States observers required under subsection (i) of this section be permitted to be stationed aboard any such vessel and that all of the costs incurred incident to such stationing, including the costs of data editing and entry and observer monitoring, be paid for, in accordance with such subsection, by the owner or operator of the vessel" for "duly authorized United States observers be permitted on board any such vessel and that the United States be reimbursed for the cost of such observers". Subsec. (c)(4)(D). Pub. L. 97-453, §2(a)(2), added subpar. (D).

Subsec. (d)(4). Pub. L. 97-453, §2(a)(3), substituted "may be allocated" for "shall be allocated" after "then such portion or part".

Subsec. (e)(1). Pub. L. 97-453, §2(a)(4), designated first sentence of existing provisions as subpar. (A), added subpars. (B), (C), and (D), and redesignated former subpars. (A) through (H) as cls. (i) through (viii) of subpar. (E), respectively.

Subsec. (i)(3). Pub. L. 97-453, §2(a)(5)(A)(i), substituted provision that observers, while stationed aboard foreign fishing vessels, shall carry out such scientific,

compliance monitoring, and other functions as the Secretary deems necessary or appropriate to carry out the purposes of this chapter and shall cooperate in carrying out such other scientific programs relating to the conservation and management of living resources as the Secretary deems appropriate, for provision that United States observers, while aboard foreign fishing vessels, were to carry out such scientific and other functions as the Secretary deemed necessary or appropriate to carry out the purposes of this chapter.

Subsec. (i)(6). Pub. L. 97-453, §2(a)(5)(A)(ii), added par. (6).

Subsec. (j). Pub. L. 97-453, §2(a)(6), added subsec. (j). 1980 Subsec. (d). Pub. L. 96-561, § 230, designated existing provision as par. (2), substituted provision prescribing the total allowable level of foreign fishing with respect to any United States fishery for each harvesting season after the 1980 harvesting season as the level representing that portion of the optimum yield of such fishery that will not be harvested by vessels of the United States as determined in accordance with provisions of this chapter, other than those relating to the determination of annual fishing levels, or the annual fishing levels determined pursuant to par. (3) of this section for the harvesting season for provision prescribing the total allowable level of foreign fishing with respect to any fishery subject to the exclusive fishery management authority of the United States as that portion of the optimum yield of such fishery which will not be harvested by vessels of the United States, as determined in accordance with provisions of this chapter, and added pars. (1), (3), and (4).

Subsec. (e). Pub. L. 96-561, §231(a), substituted "All such determinations shall be made by the Secretary of State and the Secretary on the basis of" for "In making any such determination, the Secretary of State and the Secretary shall consider", added subpars. (A), (B), (D), and (E), redesignated former subpars. (A), (B), and (D) as (F), (G), and (H), respectively, and in subpar. (C) substituted determination where such nations and the fishing fleets of such nations have cooperated with the United States in enforcement of United States fishing regulations for determination where such nations have cooperated with the United States in enforcement and with respect to conservation and management of fishery resources.

Subsec. (i). Pub. L. 96-561, § 236, added subsec. (i). 1979-Subsec. (e). Pub. L. 96-61 designated existing provisions as par. (1), redesignated pars. (1) through (4) as subpars. (A) to (D), and added par. (2).

Subsec. (e)(2)(D)(i). Pub. L. 96-118 substituted "unharvested" for "harvested".

1978 Subsec. (a)(2). Pub. L. 95-354, §4(1), substituted "(g)" for "(f)".

Subsec. (c)(3). Pub. L. 95-354, §4(2), substituted "harvest an amount of fish which exceeds" for "exceed".

Subsecs. (f) to (h). Pub. L. 95-354, §4(3), (4), added subsec. (f), redesignated former subsecs. (f) and (g) as (g) and (h), and in subsec: (h)(1), as so redesignated, set out existing provisions as cls. (A) and (C) and added cl. (B).

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by Pub. L. 102-251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251, set out as a note under section 773 of this title. EFFECTIVE DATE OF 1983 AMENDMENT

Section 2(b) of Pub. L. 97-453 provided that: "The amendments made by subsection (a)(1) and (5)(A)(ii) [amending this section] shall take effect January 1, 1984."

EFFECTIVE DATE OF 1980 AMENDMENT

Sections 231(b), 238(b) of Pub. L. 96-561, as amended by Pub. L. 104-208, div. A, title I, §101(a) [title II, §211(b)],

Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "The amendments made by subsection (a) [amending this section] shall apply with respect to the 1981 harvesting season and harvesting seasons thereafter (as defined in section 201(d)(1) of the Magnuson-Stevens Fishery Conservation and Management Act, as amended by section 301) [subsec. (d)(1) of this section]."

Sections 237, 238(b) of Pub. L. 96-561, as amended by Pub. L. 104-208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "The amendment made by section 236 [amending this section] shall take effect October 1, 1981, and shall apply with respect to permits issued under section 204 of the Magnuson-Stevens Fishery Conservation and Management Act [section 1824 of this title] after December 31, 1981."

FOREIGN FISHING FOR ATLANTIC HERRING AND

MACKEREL

Pub. L. 104–43, title VIII, §802, Nov. 3, 1995, 109 Stat. 396, as amended by Pub. L. 104-208, div. A, title I, § 101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that: "Notwithstanding any other provision of law

"(1) no allocation may be made to any foreign nation or vessel under section 201 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) [16 U.S.C. 1821] in any fishery for which there is not a fishery management plan implemented in accordance with that Act [16 U.S.C. 1801 et seq.]; and

"(2) the Secretary of Commerce may not approve the portion of any permit application submitted under section 204(b) of the Act [16 U.S.C. 1824(b)] which proposes fishing by a foreign vessel for Atlantic mackerel or Atlantic herring unless

"(A) the appropriate regional fishery management council recommends under section 204(b)(5) of that Act that the Secretary approve such fishing, and

"(B) the Secretary of Commerce includes in the permit any conditions or restrictions recommended by the appropriate regional fishery management council with respect to such fishing."

USE OF VESSEL IDENTIFICATION EQUIPMENT Pub. L. 100-629, §6, Nov. 7, 1988, 102 Stat. 3287, as amended by Pub. L. 104-208, div. A, title I, §101(a) [title II, §211(b)], Sept. 30, 1996, 110 Stat. 3009, 3009-41, provided that:

"(a) The Secretary of State, the Secretary of Commerce, and the Secretary of the department in which the Coast Guard is operating, as appropriate, shall exercise their authority under section 201(c)(2)(C) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1821) to require the use of transponders or other such appropriate position-fixing and identification equipment on any vessel other than a vessel of the United States engaged in fishing in the United States Exclusive Economic Zone.

"(b) The Secretary of Commerce, after consultation with the Secretary of Defense, the Secretary of State, and the Secretary of the department in which the Coast Guard is operating shall report to the Committee on Merchant Marine and Fisheries of the House of Representatives and the Committee on Commerce, Science and Transportation of the Senate within 180 days after the date of enactment of this Act [Nov. 7, 1988] on the results of their compliance with subsection (a)."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1822, 1824, 1825, 1856, 1857, 1861 of this title.

§ 1822. International fishery agreements (a) Negotiations

The Secretary of State

(1) shall renegotiate treaties as provided for in subsection (b) of this section;

(2) shall negotiate governing international fishery agreements described in section 1821(c) of this title:

(3) may negotiate boundary agreements as provided for in subsection (d) of this section;

(4) shall, upon the request of and in cooperation with the Secretary, initiate and conduct negotiations for the purpose of entering into international fishery agreements

(A) which allow fishing vessels of the United States equitable access to fish over which foreign nations assert exclusive fishery management authority, and

(B) which provide for the conservation and management of anadromous species and highly migratory species; and

(5) may enter into such other negotiations, not prohibited by subsection (c) of this section, as may be necessary and appropriate to further the purposes, policy, and provisions of this chapter.

(b) Treaty renegotiation

The Secretary of State, in cooperation with the Secretary, shall initiate, promptly after April 13, 1976, the renegotiation of any treaty which pertains to fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such zone or area, and which is in any manner inconsistent with the purposes, policy, or provisions of this chapter, in order to conform such treaty to such purposes, policy, and provisions. It is the sense of Congress that the United States shall withdraw from any such treaty, in accordance with its provisions, if such treaty is not so renegotiated within a reasonable period of time after April 13, 1976.

(c) International fishery agreements

No international fishery agreement (other than a treaty) which pertains to foreign fishing within the exclusive economic zone (or within the area that will constitute such zone after February 28, 1977), or for anadromous species or Continental Shelf fishery resources beyond such

zone or area

(1) which is in effect on June 1, 1976, may thereafter be renewed, extended, or amended;

or

(2) may be entered into after May 31, 1976; by the United States unless it is in accordance with the provisions of section 1821(c) of this title or section 1824(e) of this title.

(d) Boundary negotiations

The Secretary of State, in cooperation with the Secretary, may initiate and conduct negotiations with any adjacent or opposite foreign nation to establish the boundaries of the exclusive economic zone of the United States in relation to any such nation.

(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 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 cooperation 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 November 28, 1990, on the results of the evaluation required under paragraph (1), together with recommendations for addressing any inadequacies identified; and

(B) within six months after November 28, 1990, 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 it1 Annexes, Schedules, and implementing agreements for an additional term of 10 years on terms and conditions at least as favorable

1 So in original.

to vessels of the United States and the United States Government.

(f) Nonrecognition

It is the sense of the Congress that the United States Government shall not recognize the claim of any foreign nation to an exclusive economic zone (or the equivalent) beyond such nation's territorial sea, to the extent that such sea is recognized by the United States, if such nation

(1) fails to consider and take into account traditional fishing activity of fishing vessels of the United States;

(2) fails to recognize and accept that highly migratory species are to be managed by applicable international fishery agreements, whether or not such nation is a party to any such agreement; or

(3) imposes on fishing vessels of the United States any conditions or restrictions which are unrelated to fishery conservation and management.

(g) Fishery agreement with Russia

(1) The Secretary of State, in consultation with the Secretary, is authorized to negotiate and conclude a fishery agreement with Russia of a duration of no more than 3 years, pursuant to which

(A) Russia will give United States fishing vessels the opportunity to conduct traditional fisheries within waters claimed by the United States prior to the conclusion of the Agreement between the United States of America and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, west of the maritime boundary, including the western special area described in Article 3(2) of the Agreement;

(B) the United States will give fishing vessels of Russia the opportunity to conduct traditional fisheries within waters claimed by the Union of Soviet Socialist Republics prior to the conclusion of the Agreement referred to in subparagraph (A), east of the maritime boundary, including the eastern special areas described in Article 3(1) of the Agreement;

(C) catch data shall be made available to the government of the country exercising fisheries jurisdiction over the waters in which the catch occurred; and

(D) each country shall have the right to place observers on board vessels of the other country and to board and inspect such vessels.

(2) Vessels operating under a fishery agreement negotiated and concluded pursuant to paragraph (1) shall be subject to regulations and permit requirements of the country in whose waters the fisheries are conducted only to the extent such regulations and permit requirements are specified in that agreement.

(3) The Secretary of Commerce may promulgate such regulations, in accordance with section 553 of title 5, as may be necessary to carry out the provisions of any fishery agreement negotiated and concluded pursuant to paragraph (1).

(h) Bycatch reduction agreements

(1) The Secretary of State, in cooperation with the Secretary, shall seek to secure an inter

national agreement to establish standards and measures for bycatch reduction that are comparable to the standards and measures applicable to United States fishermen for such purposes in any fishery regulated pursuant to this chapter for which the Secretary, in consultation with the Secretary of State, determines that such an international agreement is necessary and appropriate.

(2) An international agreement negotiated under this subsection shall be

(A) consistent with the policies and purposes of this chapter; and

(B) subject to approval by Congress under section 1823 of this title.

(3) Not later than January 1, 1997, and annually thereafter, the Secretary, in consultation with the Secretary of State, shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House of Representatives a report describing actions taken under this subsection.

(Pub. L. 94-265, title II, §202, Apr. 13, 1976, 90 Stat. 339; Pub. L. 99-659, title I, §101(c)(2), Nov. 14, 1986, 100 Stat. 3707; Pub. L. 101-627, title I, §§ 105(a), 120(a), Nov. 28, 1990, 104 Stat. 4439, 4459; Pub. L. 102-251, title III, §301(e), Mar. 9, 1992, 106 Stat. 63; Pub. L. 104-297, title I, §105(b), Oct. 11, 1996, 110 Stat. 3564.)

AMENDMENT OF SECTION

Pub. L. 102-251, title III, §§ 301(e)(1), (2), 308, Mar. 9, 1992, 106 Stat. 63, 66, provided that, effective on the date on which the Agreement between the United States and the Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for the United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until the date on which the Agreement enters into force for the United States, this section is amended:

(1) in subsection (b), (A) by inserting "or special areas" immediately after "February 28, 1977)" and (B) by striking "such zone or area' and inserting in lieu thereof "such zone or areas"; and

(2) in subsection (c), (A) by inserting "or special areas" immediately after "February 28, 1977)" and (B) by striking "such zone or area" and inserting in lieu thereof "such zone or areas".

AMENDMENTS

1996 Subsec. (c). Pub. L. 104-297, § 105(b)(1), inserted before period at end "or section 1824(e) of this title❞". Subsec. (h). Pub. L. 104-297, §105(b)(2), added subsec. (h).

1992 Subsec. (g). Pub. L. 102-251, §301(e)(3), added subsec. (g).

1990 Subsec. (e). Pub. L. 101-627, § 105(a), added subsec. (e). Former subsec. (e) redesignated (f).

Subsec. (f). Pub. L. 101-627, §120(a), substituted "an exclusive economic" for "a exclusive economic". Pub. L. 101-627, §105(a), redesignated former subsec. (e) as (f).

1986 Subsecs. (b) to (e). Pub. L. 99-659 substituted "exclusive economic zone" for "fishery conservation zone" wherever appearing.

EFFECTIVE DATE OF 1992 AMENDMENT Amendment by section 301(e)(3) of Pub. L. 102-251 effective Mar. 9, 1992, and amendment by section 301(e)(1),

(2), of Pub. L. 102-251 effective on date on which Agreement between United States and Union of Soviet Socialist Republics on the Maritime Boundary, signed June 1, 1990, enters into force for United States, with authority to prescribe implementing regulations effective Mar. 9, 1992, but with no such regulation to be effective until date on which Agreement enters into force for United States, see section 308 of Pub. L. 102-251, set out as a note under section 773 of this title.

SHARK FINNING PROHIBITION

Pub. L. 106-557, Dec. 21, 2000, 114 Stat. 2772, provided that:

"SECTION 1. SHORT TITLE.

"This Act may be cited as the 'Shark Finning Prohibition Act'.

"SEC. 2. PURPOSE.

"The purpose of this Act is to eliminate shark-finning by addressing the problem comprehensively at both the national and international levels.

"SEC. 3. PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK CARCASS AT SEA "[Amended section 1857 of this title.]

"SEC. 4. REGULATIONS.

"No later than 180 days after the date of the enactment of this Act [Dec. 21, 2000], the Secretary of Commerce shall promulgate regulations implementing the provisions of section 3076(1)(P) [307(1)(P)] of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1857(1)(P)), as added by section 3 of this Act.

"SEC. 5. INTERNATIONAL NEGOTIATIONS.

"The Secretary of Commerce, acting through the Secretary of State, shall—

"(1) initiate discussions as soon as possible for the purpose of developing bilateral or multilateral agreements with other nations for the prohibition on shark-finning;

"(2) initiate discussions as soon as possible with all foreign governments which are engaged in, or which have persons or companies engaged in shark-finning, for the purposes of

"(A) collecting information on the nature and extent of shark-finning by such persons and the landing or transshipment of shark fins through foreign ports; and

"(B) entering into bilateral and multilateral treaties with such countries to protect such species; "(3) seek agreements calling for an international ban on shark-finning and other fishing practices adversely affecting these species through the United Nations, the Food and Agriculture Organization's Committee on Fisheries, and appropriate regional fishery management bodies;

"(4) initiate the amendment of any existing international treaty for the protection and conservation of species of sharks to which the United States is a party in order to make such treaty consistent with the purposes and policies of this section;

"(5) urge other governments involved in fishing for or importation of shark or shark products to fulfill their obligations to collect biological data, such as stock abundance and by-catch levels, as well as trade data, on shark species as called for in the 1995 Resolution on Cooperation with FAO with Regard to study on the Status of Sharks and By-Catch of Shark Species; and

"(6) urge other governments to prepare and submit their respective National Plan of Action for the Conservation and Management of Sharks to the 2001 session of the FAO Committee on Fisheries, as set forth in the International Plan of Action for the Conservation and Management of Sharks.

"SEC. 6. REPORT TO CONGRESS.

"The Secretary of Commerce, in consultation with the Secretary of State, shall provide to Congress, by

not later than 1 year after the date of the enactment of this Act [Dec. 21, 2000], and every year thereafter, a report which

"(1) includes a list that identifies nations whose vessels conduct shark-finning and details the extent of the international trade in shark fins, including estimates of value and information on harvesting of shark fins, and landings or transshipment of shark fins through foreign ports;

"(2) describes the efforts taken to carry out this Act, and evaluates the progress of those efforts;

"(3) sets forth a plan of action to adopt international measures for the conservation of sharks; and "(4) includes recommendations for measures to ensure that United States actions are consistent with national, international, and regional obligations relating to shark populations, including those listed under the Convention on International Trade in Endangered Species of Wild Flora and Fauna.

"SEC. 7. RESEARCH.

"The Secretary of Commerce, subject to the availability of appropriations authorized by section 10, shall establish a research program for Pacific and Atlantic sharks to engage in the following data collection and research:

"(1) The collection of data to support stock assessments of shark populations subject to incidental or directed harvesting by commercial vessels, giving priority to species according to vulnerability of the species to fishing gear and fishing mortality, and its population status.

"(2) Research to identify fishing gear and practices that prevent or minimize incidental catch of sharks in commercial and recreational fishing.

"(3) Research on fishing methods that will ensure maximum likelihood of survival of captured sharks after release.

"(4) Research on methods for releasing sharks from fishing gear that minimize risk of injury to fishing vessel operators and crews.

"(5) Research on methods to maximize the utilization of, and funding to develop the market for, sharks not taken in violation of a fishing management plan approved under section 303 or section 307(1)(P) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1853, 1857(1)(P)).

"(6) Research on the nature and extent of the harvest of sharks and shark fins by foreign fleets and the international trade in shark fins and other shark products.

"SEC. 8. WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH PROGRAM.

"The National Marine Fisheries Service, in consultation with the Western Pacific Fisheries Management Council, shall initiate a cooperative research program with the commercial longlining industry to carry out activities consistent with this Act, including research described in section 7 of this Act. The service [Service] may initiate such shark cooperative research programs upon the request of any other fishery management council.

"SEC. 9. SHARK-FINNING DEFINED.

"In this Act, the term 'shark-finning' means the taking of a shark, removing the fin or fins (whether or not including the tail) of a shark, and returning the remainder of the shark to the sea.

"SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

"There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2001 through 2005 such sums as are necessary to carry out this Act." CERTIFICATE OF LEGAL ORIGIN FOR ANADROMOUS FISH PRODUCTS

Section 801 of Pub. L. 101-627 provided that: "(a) NEGOTIATIONS.-Within 60 days after the date of enactment of this Act [Nov. 28, 1990], the Secretary of State shall commence negotiations with nations which