High Seas Driftnet Fisheries Enforcement Act of 1992

High Seas Driftnet Fisheries Enforcement Act of 1992
Great Seal of the United States
Other short titles Driftnet Moratorium Enforcement Act of 1991
Long title An Act to enhance the effectiveness of the United Nations international driftnet fishery conservation program.
Acronyms (colloquial) HSDFEA
Nicknames Central Bering Sea Fisheries Enforcement Act of 1992
Enacted by the 102nd United States Congress
Effective November 2, 1992
Citations
Public law 102-582
Statutes at Large 106 Stat. 4900
Codification
Titles amended 16 U.S.C.: Conservation
U.S.C. sections created 16 U.S.C. ch. 38, subch. III §§ 1826a-1826c
U.S.C. sections amended 16 U.S.C. ch. 38, subch. I § 1801 et seq.
Legislative history
  • Introduced in the House as H.R. 2152 by Gerry Studds (DMA) on April 30, 1991
  • Committee consideration by House Merchant Marine and Fisheries, House Ways and Means
  • Passed the House on February 25, 1992 (412-0 Roll call vote 19, via Clerk.House.gov)
  • Passed the Senate on July 31, 1992 (Passed voice vote) with amendment
  • House agreed to Senate amendment on August 10, 1992 (Agreed voice vote) with further amendment
  • Senate agreed to House amendment on August 12, 1992 (Agreed voice vote)
  • Signed into law by President George H.W. Bush on November 2, 1992

High Seas Driftnet Fisheries Enforcement Act of 1992 is United States declaration citing an observance of the United Nations international driftnet fishery conservation program to restrict large scale driftnet fishing in high seas or international waters. The Act of Congress acknowledges the United Nations General Assembly Resolutions imposing a global moratorium on all high seas driftnet fishing by December 31, 1992.[1][2][3] In accordance with Title 16 section 1857, the United States federal law 102-582 proclaims the Magnuson–Stevens Fishery Conservation and Management Act prohibits the application of large scale driftnet fishing within an exclusive economic zone of any sovereign state and the United States.

The 1992 legislation was drafted as House Bill H.R. 2152 and Senate Bill S. 884.[4] The H.R. 2152 bill superseded the S. 884 bill which was passed by the 102nd United States Congressional session and enacted into law by the 41st President of the United States George H.W. Bush on November 2, 1992.[5]

Titles of the Act

The federal statute was drafted as five titles defining the United States bearing on aquatic conservation and judicial enforcement of large scale driftnet fishing in the Seven Seas.

Title I - High Seas Large-Scale Driftnet Fishing

Denial of port privileges and sanctions for high seas large-scale driftnet fishing
Duration of denial of port privileges and sanctions
Requirements under Marine Mammal Protection Act of 1972
Definitions

Title II - Fisheries Conservation Programs

Import restrictions under Fishermen's Protective Act of 1967
Enforcement
Trade negotiations and the environment

Title III - Fisheries Enforcement in Central Bering Sea

Prohibition applicable to United States vessels and nationals
Port privileges denial for fishing in Central Bering Sea
Duration of port privileges denial
Restriction of fishing in United States exclusive economic zone
Definitions
Termination

Title IV - Miscellaneous Provisions

Intermediary nations involved in export of certain tuna products
Authority to extend reemployment rights
Limitation on terms of voting members of regional fishery management councils
Observer fee for North Pacific fisheries research plan

Title V - Fees

Recreational boat tax repeal
Automated tariff filing and information system

See also

Drift netting
Federal Maritime Commission
Gillnetting
National Marine Fisheries Service
North Pacific Fishery Management Council
United Nations Convention on the Law of the Sea

References

  1. "44-225 ~ Large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas". UN General Assembly Resolution ~ A/RES/44/225. United Nations (UN) General Assembly. December 22, 1989.
  2. "45-197 ~ Large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas". UN General Assembly Resolution ~ A/RES/45/197. United Nations (UN) General Assembly. December 21, 1990.
  3. "46-215 ~ Large-scale pelagic driftnet fishing and its impact on the living marine resources of the world's oceans and seas". UN General Assembly Resolution ~ A/RES/46/215. United Nations (UN) General Assembly. December 20, 1991.
  4. "S. 884 ~ Driftnet Moratorium Enforcement Act of 1991". P.L. 102-582 ~ 106 Stat. 4900. Congress.gov. April 23, 1991.
  5. Peters, Gerhard; Woolley, John T. "George Bush: "Statement on Signing the High Seas Driftnet Fisheries Enforcement Act", November 2, 1992". The American Presidency Project. University of California - Santa Barbara.
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