103d CONGRESS
   1st Session

H. R. 1955

To require the President to impose economic sanctions against countries that engage in whaling not authorized and approved by the International Whaling Commission.

IN THE HOUSE OF REPRESENTATIVES

May 4, 1993

Mr. DeFazio (for himself, Mr. Wilson, Mr. Ravenel, Mr. Lipinski, and Mr. Jacobs) introduced the following bill; which was referred jointly to the Committees on Merchant Marine and Fisheries, Ways and Means, and Foreign Affairs

A BILL

To require the President to impose economic sanctions against countries that engage in whaling not authorized and approved by the International Whaling Commission.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE. This act may be cited as ``The International Whaling Moratorium Enforcement Act of 1993''. SEC. 2. POLICY AND FINDINGS.

(a) Policy.--It is the policy of the United States to continue to enforce, through the International Whaling Commission, the indefinite cessation of the commercial killing of whales. (b) Findings.--     (1) In 1982, the International Convention for the Regulation of Whaling was amended to put into force an indefinite cessation of commercial whaling beginning in the 1985-86 whaling season.     (2) The indefinite cessation of whaling has never been fully implemented, because Japan and Norway have continued commercial whaling operations under the guise of ``scientific research''.     (3) The countries of Japan, Iceland and Norway have announced their intention to seek an end to the International Whaling Commission moratorium on commercial whaling.     (4) In June 1992, Norway announced its intention to resume commercial whaling in the summer of 1993 in defiance of the International Whaling Commission's indefinite cessation of commercial whaling.     (5) Iceland withdrew its membership in the International Whaling Commission, effective June 30, 1992, and has sought to further erode the authority of the International Whaling Commission by requesting a commercial whaling quota from the North Atlantic Marine Mammal Commission, a regional group that has no authority to set quotas for whaling.     (6) The United States has, together with sixteen other member nations of the International Whaling Commission, urged Norway to reconsider its announced intention to resume commercial whaling.     (7) On October 26, 1992, the Secretary of Commerce certified, pursuant to the Pelly Amendment to the Fishermen's Protective Act of 1967 (22 U.S.C. 1978), that Norway's activities under its scientific research whaling program diminished the effectiveness of the International Whaling Commission's conservation program.     (8) Pursuant to Agenda 21 of the United Nations Conference on Environment and Development, the International Whaling Commission is the international organization responsible for the management and conservation of cetacean species, but to date has no means by which to enforce its authority.

SEC. 3. CERTIFICATIONS.

(a) Certification of Noncompliance.--Not later than January 1, 1994, the President shall certify to the Congress each country that has not completely ceased forbidden whaling operations. (b) Action by the President.--     (1) Certification under the fishermen's protective act of 1967.--If a certification is made under subsection (a) with respect to any country, such 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)). Upon such certification all other applicable provisions of section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978), including subsections (b) through (g), shall apply.     (2) Prohibition against importing fish and fish products.-- If a certification is made under subsection (a) with respect to any country, the President shall direct the Secretary of the Treasury to immediately prohibit the bringing or importation into the United States of fish and fish products from such country. Not later than fifteen days after such certification, the President shall notify the Congress of any action taken by him under this subsection. Subsections (c), (e), (f), and (g) of section 8 of the Fishermen's Protective Act of 1967 (22 U.S.C. (c), (e), (f), and (g)) shall apply with respect to any prohibition on importation imposed under this subsection. (d) Additional Economic Sanctions.-- (1) In general.--If--     (A) a certification is made under subsection (a) and the President determines that the economic sanctions imposed under subsection (b)(2) are insufficient to stop the country from engaging in forbidden whaling operations,     (B) a certification is not made under subsection (a) and the President determines at any time after January 1, 1994, that a country is engaging in forbidden whaling operations, or     (C) any country against which an action has been taken under subsection (b) retaliates against the United States as a result of such action, the President is authorized to impose additional economic sanctions against such country.     (2) Scope of additional economic sanctions.--In addition to the prohibition on importation described in subsection (b)(2), the President is authorized to impose additional economic sanctions, including the imposition of duties, import bans or other import restrictions on the goods of, and notwithstanding any other provision of law, fees or restrictions on the services of a country to which this Act applies.     (3) Action by president.--The President shall notify the Congress within fifteen days, if either-- (A) an event described in paragraph (1) occurs, or (B) the President imposes additional economic sanctions under this subsection.     (e) Duration of Restrictions.--Any sanction imposed against a country under subsection (b) or (c) shall remain in effect until such time as the President certifies to the Congress that such country has completely ceased forbidden whaling operations.     (f) Definitions.--For purposes of this section--     (1) Forbidden whaling operations.--The term ``forbidden whaling operations'' means whaling operations which are not authorized and specifically approved by the International Whaling Commission or otherwise diminish the effectiveness of any conservation program under the International Convention for the Regulation of Whaling.     (2) Fish and fish products.--The term ``fish and fish products'' has the meaning given the term ``fish products'' in section 8(h)(4) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(h)(4)).