Page:United States Statutes at Large Volume 101 Part 3.djvu/181

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PUBLIC LAW 100-000—MMMM. DD, 1987

PUBLIC LAW 100-220—DEC. 29, 1987

101 STAT. 1479

(5) the effect of seabird mortality, as determined by the Secretary of the Interior, on seabird populations; and (6) any other information the Secretary considers appropriate. (b) INFORMATION FROM FOREIGN GOVERNMENTS.—The Secretary, through the Secretary of State, shall— (1) request relevant foreign governments to provide the information described in subsection (a), and (2) include in a report under this section the information so Reports. provided and an evaluation of the adequacy and reliability of such information. SEC. 4006. ENFORCEMENT AGREEMENTS.

(a) NEGOTIATIONS.—The Secretary shall immediately initiate, through the Secretary of State and in consultation with the Secretary of the Department in which the Coast Guard is operating negotiations with each foreign government that conducts, or authorizes its nationals to conduct, driftnet fishing that results in the taking of marine resources of the United States in waters of the North Pacific Ocean outside of the exclusive economic zone and territorial sea of any nation, for the purpose of entering into agreements for effective enforcement of laws, regulations, and agreements applicable to the location, season, and other aspects of the operations of the foreign government's driftnet fishing vessels. Such agreements shall include measures for— (1) the effective monitoring and detection of violations; (2) the collection and presentation of such evidence of violations as may be necessary for the successful prosecution of such violations by the responsible authorities; (3) reporting to the United States of penalties imposed by the foreign governments for violations; and (4) appropriate methods for sharing equally the costs associated with such activities. (b) CERTIFICATION FOR PURPOSES OF FISHERMEN'S PROTECTIVE ACT

OF 1967.—If the Secretary, in consultation with the Secretary of State, determines that a foreign government has failed, within 18 months after the date of the enactment of this Act, to enter into and implement an agreement under subsection (a) or section 4004(a) that is adequate, the Secretary shall certify such fact to the President, which certification shall be deemed to be a certification for the purposes of section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)). SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.

(a) MARKING, REGISTRY, AND IDENTIFICATION SYSTEM.—The Secretary shall evaluate, in consultation with officials of other Federal agencies and such other persons as may be appropriate, the feasibility of and develop recommendations for the establishment of a driftnet marking, registry, and identification system to provide a reliable method for the determination of the origin by vessel, of lost, discarded, or abandoned driftnets and fragments of driftnets. In conducting such evaluation, the Secretary shall consider the adequacy of existing driftnet identification systems of foreign nations and the extent to which these systems achieve the objectives of this title. (b) ALTERNATIVE DRIFTNET MATERIALS.—The Secretary, in consultation with such other persons as may be appropriate, shall evaluate the feasibility of, and develop appropriate recommenda-

International agreements.