§ 1822.
(a)
Negotiations
The Secretary of State—
(1)
shall renegotiate treaties as provided for in subsection (b);
(3)
may negotiate boundary agreements as provided for in subsection (d);
(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), as may be necessary and appropriate to further the purposes, policy, and provisions of this chapter.
(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;
(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.
(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).
(5)
South Pacific tuna treaty
(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 international 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
([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]; [Pub. L. 117–328, div. S, title II, § 205(b)(1)(A)], Dec. 29, 2022, [136 Stat. 5270].)