To require the Secretary of the Treasury to prohibit the importation of fish or wildlife products into the United States from countries violating international fish or wildlife conservation agreements.

Amends the Fishermen's Protective Act of 1967 to direct the Secretary of Commerce to certify to the Secretary of the Treasury instances of foreign nationals conducting fishing operations which violate international fishery conservation programs.

Prescribes guidelines under which the Secretary of the Treasury shall limit imports into the United States of fish or wildlife products from countries which violate international fishery or endangered species programs. Sets forth exemption guidelines where the Secretary of the Treasury determines that such sanctions would cause unreasonable economic hardship.

 
HR 4289 IH
101st CONGRESS
2d Session
 H. R. 4289
To require the Secretary of the Treasury to prohibit the importation of
fish or wildlife products into the United States from countries violating
international fish or wildlife conservation agreements.
IN THE HOUSE OF REPRESENTATIVES
March 15, 1990
Mr. OWENS of Utah (for himself, Mr. ROE, Mr. SIKORSKI, Mr. WILSON,
Ms. SCHNEIDER, Mr. DEFAZIO, Mr. MILLER of Washington, and Mr. BEREUTER)
introduced the following bill; which was referred jointly to the Committees
on Merchant Marine and Fisheries and Ways and Means
A BILL
To require the Secretary of the Treasury to prohibit the importation of
fish or wildlife products into the United States from countries violating
international fish or wildlife conservation agreements.
  Be it enacted by the Senate and House of Representatives of the United
  States of America in Congress assembled,
SECTION 1. SANCTIONS RELATING TO THE IMPORTATION OF FISH AND WILDLIFE PRODUCTS
INTO THE UNITED STATES.
  (a) RULES RELATING TO IMPOSITION OF SANCTIONS- Section 8(a) of the
  Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)) is amended--
  (1) in paragraph (1) and paragraph (2) by striking out `President' and
  inserting in lieu thereof `Secretary of the Treasury';
  (2) in paragraph (4)--
  (A) by striking out `President may' and all that follows through `Treasury
  to' and inserting in lieu thereof `Secretary of the Treasury shall'; and
  (B) by striking out `for such duration' and all that follows through `and
  Trade' and inserting in lieu thereof `in accordance with subsection (b)'; and
  (3) by amending subsection (b) to read as follows:
  `(b)(1) Unless the certification referred to in paragraphs (1) and (2) of
  subsection (a) is terminated pursuant to subsection (d), or the Secretary
  exercises the authority under paragraph (2), the Secretary shall--
  `(A) limit the importation into the United States of fish or wildlife
  products, as the case may be, from the offending country to an amount
  equal to--
  `(i) during the 12-month period immediately following the date upon which the
  Secretary receives the certification, 80 percent of the average determined
  by the Secretary;
  `(ii) during the 12-month period immediately following the period described
  in clause (i), 60 percent of the average determined by the Secretary; and
  `(iii) during the 12-month period immediately following the period described
  in clause (ii), 20 percent of the average determined by the Secretary; and
  `(B) prohibit the importation into the United States of each type of fish or
  wildlife product, as the case may be, from the offending country thereafter.
  `(2 ) If a certification is made pursuant to paragraph (1) or (2) of
  subsection (a) and the Secretary determines that the effects of the sanctions
  imposed under paragraph (1) of this subsection would cause unreasonable
  economic hardship to one or more United States' industries that rely on a
  product subject to the sanctions, the Secretary may exempt that product from
  the sanctions. If such an exemption is made, the Secretary shall limit the
  importation into the United States of any other product from the offending
  country in an amount equal to the monetary value of the exempted product,
  as determined under paragraph (3) of this subsection, consistent with the
  sanction requirements of paragraph (1) of this subsection.
  `(3) The average referred to in paragraph (1)(A) is the average of the
  monetary value of each type of fish product (if the certification is made
  under subsection (a)(1)) or wildlife product (if the certification is made
  under subsection (a)(2)) imported into the United States by the offending
  country during each of the three 12-month periods preceding the date on
  which the certification was made.'.
  (b) DEFINITIONS- Section 8(h) of the Fishermen's Protective Act of 1967
  (22 U.S.C. 1978(h)) is amended--
  (1) in paragraph (3) by inserting `or resolutions or other actions
  enacted by the International Whaling Commission or other international
  organizations concerned with the conservation of the living resources of
  the sea to which the United States is a member' after `resources of the sea';
  (2) in paragraph (5) by inserting `or the Convention on the International
  Trade in Endangered Species' after `species of animal'; and
  (3) by inserting at the end the following:
  `(8) The term `diminish the effectiveness' means the trading in, or the
  intentional taking of, fish or wildlife products to which subsection (a)(1)
  or (2) apply.'.
  (c) CONFORMING AMENDMENTS- (1) Section 8(d) of the Fishermen's Protective
  Act of 1967 (22 U.S.C. 1978(d)) is amended by striking out `President'
  and inserting in lieu thereof `Secretary of the Treasury'.
  (2) Section 101(a)(2)(D) of the Marine Mammal Protection Act of 1972 (16
  U.S.C. 1371(a)(2)(D)) is amended by striking out `President' and inserting
  in lieu thereof `Secretary of the Treasury'.