Page:United States Statutes at Large Volume 106 Part 6.djvu/345

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PUBLIC LAW 102-582—NOV. 2, 1992 106 STAT. 4903 the date on which the Secretary has received the direction from the President. (C) PUBLIC NOTICE OF PROHIBITION.— Before the effective date of any import prohibition under this paragraph, the Secretary of the Treasury shall provide public notice of the impending prohibition. (4) ADDITIONAL ECONOMIC SANCTIONS.— (A) DETERMINATION OF EFFECTIVENESS OF SANC- TIONS.— Not later than six months after the date the Secretary of Commerce identifies a nation under paragraph (1), the Secretary shall determine whether— (i) any prohibition established under paragraph (3) is insufiacient to cause that nation to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation; or (ii) that nation has retaliated against the United States as a result of that prohibition. (B) CERTIFICATION. — The Secretary of Commerce shall certify to the President each affirmative determination under subparagraph (A) with respect to a nation. (C) EFFECT OF CERTIFICATION.—Certification by the Secretary of Commerce under subparagraph (B) is deemed to be a certification under section 8(a) of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)), as amended by this Act. SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANC- 16 USC 1826b. TIONS. Any denial of port privileges or sanction under section 101 with respect to a nation shall remain in effect until such time as the Secretary of Commerce certifies to the President and the Congress that such nation has terminated large-scale drifiuet fishing by its nationals and vessels beyond the exclusive economic zone of any nation. SEC. 108. REQUIREAIENTS UNDER BIARINE MAMMAL PROTECTION ACT OF 1972. Section 101(a)(2) of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1371(a)(2)) is amended— (1) in subparagraph (E)(i) by striking "July 1, 1992" and inserting in lieu thereof "January 1, 1993"; and (2) in the last sentence b^ inserting ", except that, until January 1, 1994, the term *driftnet' does not include the use in the northeast Atlantic Ocean of gillnets with a total length not to exceed five kilometers if the use is in accordance with regulations adopted by the European Community pursuant to the October 28, 1991, decision by the Council of Fisheries Ministers of the (Community" immediately after "(16 U.S.C. 1822 note)". SEC. 104. DEFINITIONS. 16 USC 1826c. In this title, the following definitions apply: (1) FISH AND FISH PRODUCTS. —The term "fish and fish products" means any aquatic species (including marine mammals and plants) and all products thereof exported from a nation, whether or not taken by fishing vessels of that nation