PUBLIC LAW 104-43—NOV. 3, 1995 109 STAT. 385 SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVENTION. Section 6(c) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)) is amended— (1) by inserting "AND OTHER MEASURES" after "REGULA- TIONS" in the section caption; (2) by inserting "or fishing mortahty level" after "quota of fish" in the last sentence of paragraph (3); and (3) by inserting the following after paragraph (5): "(6) IDENTIFICATION AND NOTIFICATION. — "(A) Not later than July 1, 1996, and annually thereafter, the Secretary, in consultation with the Secretary of State, the Commissioners, and the advisory committee, shall— "(i) identify those nations whose fishing vessels are fishing, or have fished during the preceding calendar year, within the convention area in a manner or under circumstances that diminish the effectiveness of a conservation recommendation; "(ii) notify the President and the nation so identified, including an explanation of the reasons therefor; and "(iii) publish a list of those Nations identified under Publication, subparagraph (A). In identifying those Nations, the Secretary shall consider, based on the best available information, whether those Nations have measures in place for reporting, monitoring, and enforcement, and whether those measures diminish the effectiveness of any conservation recommendation. "(7) CONSULTATION.— Not later than 30 days after a Nation is notified under paragraph (6), the President may enter into consultations with the Government of that Nation for the purpose of obtaining an agreement that will— "(A) effect the immediate termination and prevent the resumption of any fishing operation by vessels of that Nation within the Convention area which is conducted in a manner or under circumstances that diminish the effectiveness of the conservation recommendation; "(B) when practicable, require actions by that Nation, or vessels of that Nation, to mitigate the negative impacts of fishing operations on the effectiveness of the conservation recommendation involved, including but not limited to, the imposition of subsequent-year deductions for quota overages; and "(C) result in the establishment, if necessary, by such Nation of reporting, monitoring, and enforcement measures that are adequate to ensure the effectiveness of conservation recommendations.". SEC. 306. FINES AND PERMIT SANCTIONS. Section 7(e) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971(e)) is amended to read as follows: 16 USC 97le. "(e) The civil penalty and permit sanctions of section 308 of the Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) are hereby made applicable to violations of this section as if they were violations of section 307 of that Act.".
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