§ 1823. Congressional oversight of international fishery agreements
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(a)In general No governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement shall become effective with respect to the United States before the close of the first 120 days (excluding any days in a period for which the Congress is adjourned sine die) after the date on which the President transmits to the House of Representatives and to the Senate a document setting forth the text of such governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement. A copy of the document shall be delivered to each House of Congress on the same day and shall be delivered to the Clerk of the House of Representatives, if the House is not in session, and to the Secretary of the Senate, if the Senate is not in session.
(b)Referral to committees Any document described in subsection
(a)shall be immediately referred in the House of Representatives to the Committee on Merchant Marine and Fisheries, and in the Senate to the Committees on Commerce, Science, and Transportation and on Foreign Relations.
(c)Congressional procedures
(1)Rules of the House of Representatives and Senate The provisions of this section are enacted by the Congress—
(A)as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of fishery agreement resolutions described in paragraph (2), and they supersede other rules only to the extent that they are inconsistent therewith; and
(B)with full recognition of the constitutional right of either House to change the rules (so far as they relate to the procedure of that House) at any time, and in the same manner and to the same extent as in the case of any other rule of that House.
(2)“Fishery agreement resolution” defined For purposes of this subsection, the term “fishery agreement resolution” refers to a joint resolution of either House of Congress—
(A)the effect of which is to prohibit the entering into force and effect of any governing international fishery agreement, bycatch reduction agreement, or Pacific Insular Area fishery agreement the text of which is transmitted to the Congress pursuant to subsection (a); and
(B)which is reported from the Committee on Merchant Marine and Fisheries of the House of Representatives or the Committee on Commerce, Science, and Transportation or the Committee on Foreign Relations of the Senate, not later than 45 days after the date on which the document described in subsection
(a)relating to that agreement is transmitted to the Congress.
(3)Placement on calendar Any fishery agreement resolution upon being reported shall immediately be placed on the appropriate calendar.
(4)Floor consideration in the House
(A)A motion in the House of Representatives to proceed to the consideration of any fishery agreement resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B)Debate in the House of Representatives on any fishery agreement resolution shall be limited to not more than 10 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit any fishery agreement resolution or to move to reconsider the vote by which any fishery agreement resolution is agreed to or disagreed to.
(C)Motions to postpone, made in the House of Representatives with respect to the consideration of any fishery agreement resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(D)All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to any fishery agreement resolution shall be decided without debate.
(E)Except to the extent specifically provided in the preceding provisions of this subsection, consideration of any fishery agreement resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.
(5)Floor consideration in the Senate
(A)A motion in the Senate to proceed to the consideration of any fishery agreement resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(B)Debate in the Senate on any fishery agreement resolution and on all debatable motions and appeals in connection therewith shall be limited to not more than 10 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(C)Debate in the Senate on any debatable motion or appeal in connection with any fishery agreement resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover of the motion or appeal and the manager of the resolution, except that if the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and the minority leader, or either of them, may allot additional time to any Senator during the consideration of any debatable motion or appeal, from time under their control with respect to the applicable fishery agreement resolution.
(D)A motion in the Senate to further limit debate is not debatable. A motion to recommit any fishery agreement resolution is not in order.
(Pub. L. 94–265, title II, § 203, Apr. 13, 1976, 90 Stat. 340; Pub. L. 103–437, § 6(x), Nov. 2, 1994, 108 Stat. 4587; Pub. L. 104–297, title I, § 105(c), Oct. 11, 1996, 110 Stat. 3564.)
Connections82 cite this · traces to 4
Cited by 82 sections · top 59
U.S. Code
- § 1857Prohibited acts
- § 1861Enforcement
- § 1824Permits for foreign fishing
- § 1822International fishery agreements
- § 1821Foreign fishing
- § 5501Purpose
- § 1823Congressional oversight of international fishery agreements
- § 1841Definitions
- § 3601Definitions
- § 3301Congressional findings and declaration of purpose
- § 7701Definitions
- § 1843Duties and powers of Secretary
statutes-at-large
- Public Law 95–219To bring the governing international fishery agreement with Mexico within the purview of the Fishery Conservation Zone Transition Act
- Public Law 95–73To amend the Fishery Conservation Zone Transition Act in order to give effect during 1977 to the Reciprocal Fisheries Agreement between the United States and Canada
- Public Law 98–44To make certain technical corrections in the Atlantic Salmon Convention Act of 1982
- Public Law 95–8To bring certain governing international fishery agreements within the purview of the Fishery Conservation Zone Transition Act
- Public Law 100–66To extend temporarily the governing international fishery agreement between the United States and the Republic of Korea, and for other purposes
- Public Law 100–350To provide Congressional approval of the Governing International Fishery Agreement between the United States and the Government of the German Democratic Republic
- Public Law 100–220To provide congressional approval of the Governing International Fishery Agreement between the United States and Japan; to implement the provisions of Annex V to the International Convention for the Prevention of Pollution from Ships, 1973; to reauthorize the National Sea Grant College Program Act;
- Public Law 101–224To authorize appropriations for certain ocean and coastal programs of the National Oceanic and Atmospheric Administration
- Public Law 94–265To provide for the conservation and management of the fisheries, and for other purposes
- Public Law 105–384To approve a governing international fishery agreement between the United States and the Republic of Poland, and for other purposes
- Public Law 102–582To enhance the effectiveness of the United Nations international driftnet fishery conservation program
- Public Law 98–364To authorize appropriations to carry out the Marine Mammal Protection Act of 1972, for fiscal years 1985 through 1988, and for other purposes
- Public Law 102–587To provide Congressional approval of a Governing International Fishery Agreement, and for other purposes
- Public Law 96–561To provide for the conservation and enhancement of the salmon and steelhead resources of the United States, assistance to treaty and nontreaty harvesters of those resources, and for other purposes
- Public Law 95–314To amend the Fishery Conservation Zone Transition Act in order to give effect to the Reciprocal Fisheries Agreement for 1978 between the United States and Canada
- Public Law 98–623To approve governing international fishery agreements with Iceland and the EEC; to establish national standards for artificial reefs; to implement the Convention on the Conservation of Antarctic Marine Living Resources; and for the other purposes
- Public Law 117–286To make revisions in title 5, United States Code, as necessary to keep the title current, and to make technical amendments to improve the United States Code
- Public Law 104–297To amend the Magnuson Fishery Conservation and Management Act to authorize appropriations, to provide for sustainable fisheries, and for other purposes
- Public Law 98–498To provide authorization of appropriations for title III of the Marine Protection, Research, and Sanctuaries Act of 1972, and for other purposes
- Public Law 97–212To improve the operation of the Fishermen’s Contingency Fund established to compensate commercial fishermen for damages resulting from oil and gas exploration, development, and production in areas of the Outer Continental Shelf
- Public Law 95–6
- Public Law 97–389To amend the Commercial Fisheries Research and Development Act of 1964
- Public Law 114–327To implement the Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean, to implement the Convention on the Conservation and Management of High Seas Fishery Resources in the South Pacific Ocean, and for other purposes
- Public Law 100–629To approve the governing international fishery agreement between the United States and the Union of Soviet Socialist Republics, and for other purposes
statute-compilations
- Sec. 303PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA
- Sec. 304DURATION OF PORT PRIVILEGES DENIAL
- Sec. 301SHORT TITLE
- Sec. 305RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE ECONOMIC ZONE
- Sec. 306DEFINITIONS
- Sec. 121FUNDING FOR TRAVEL EXPENSES
- Sec. 302PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND NATIONALS
- Sec. 203CONGRESSIONAL OVERSIGHT OF INTERNATIONAL FISHERY AGREEMENTS
- Sec. 307TERMINATION
bill
- Sec. 121Funding for travel expenses
- Sec. 121Funding for travel expenses
- Sec. 121Funding for travel expenses
- Sec. 121Funding for travel expenses
- Sec. 121Funding for travel expenses
- Sec. 4Technical amendments
- Sec. 4Technical amendments
- Sec. 4Technical amendments
- Sec. 4Technical amendments
- Sec. 5Gender inclusive language
- Sec. 4Technical amendments
- Sec. 5Gender neutral language
- Sec. 5Gender neutral language
Traces to 4 documents
U.S. Code
74 references not yet in our index
- Pub. L. 94–265, title II, § 203
- 90 Stat. 340
- Pub. L. 103–437, § 6(x)
- 108 Stat. 4587
- Pub. L. 104–297, title I, § 105(c)
- 110 Stat. 3564
- Pub. L. 104–297, § 105(c)(1)
- Pub. L. 104–297, § 105(c)(2)
- Pub. L. 104–297, § 105(c)(4)
- Pub. L. 104–297, § 105(c)(6)
- Pub. L. 104–297, § 105(c)(5)
- Pub. L. 103–437, § 6(x)(1)
- Pub. L. 103–437, § 6(x)(2)
- Pub. L. 104–43, title V, § 501
- 109 Stat. 391
- section 1(b)(3) of Pub. L. 104–14
- Pub. L. 105–384, title I, § 101
- 112 Stat. 3451
- Pub. L. 102–587, title I, § 1001
- 106 Stat. 5039
- Pub. L. 102–582, title III
- 106 Stat. 4906
- Pub. L. 104–43, title V, § 502
- Pub. L. 104–208, div. A, title I, § 101(a) [title II, § 211(b)]
- 110 Stat. 3009
- Pub. L. 100–629, § 5
- 102 Stat. 3287
- Pub. L. 114–327, title I, § 121(a)
- 130 Stat. 1984
- 136 Stat. 4318
- Pub. L. 103–206, title VII, § 701
- 107 Stat. 2446
- Pub. L. 100–629, § 1
- 102 Stat. 3286
- Pub. L. 100–350, § 1
- 102 Stat. 660
- Pub. L. 98–623, title I
- 98 Stat. 3394
- Pub. L. 98–498, title IV, § 440
- 98 Stat. 2310
+ 34 more
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§ 1823
Congressional oversight of international fishery agreements
Stat.×43
U.S.C.×16
Bills×13
Stat. Comp.×9
Pub. L.×1
Pub. L.Pub. L. 94–265, title II, § 203
Stat.90 Stat. 340
Pub. L.Pub. L. 103–437, § 6(x)
Stat.108 Stat. 4587
Pub. L.Pub. L. 104–297, title I, § 105(c)
Cites 78 · showing 9Cited by 82 across 5 sources