Letter to Congressional Leaders on the Determination Not To Prohibit Fish Imports From Certain Countries

Dear Mr. Speaker: (Dear Mr. President:)

Pursuant to section 8(b) of the Fishermen's Protective Act of 1967, as amended (22 U.S.C. 1978(b)), generally known as the Pelly Amendment, I am notifying you that on July 31, 1992, in accordance with section 101(a) of the Marine Mammal Protection Act (MMPA), the Secretary of Commerce certified to me that a ban on the importation of yellowfin tuna and yellowfin tuna products from Canada, Colombia, Malaysia, the Netherlands Antilles, Singapore, Spain, and the United Kingdom has been in effect since January 31, 1992. This ban is the result of an order issued by the U.S. District Court for the Northern District of California, which the Administration has appealed.

By the terms of the MMPA, such certification is deemed to be a certification for the purposes of the Pelly Amendment, which requires that I consider and, at my discretion, order the prohibition of imports into the United States of fish and fish products from the identified countries, to the extent that such prohibition is sanctioned by the General Agreement on Tariffs and Trade. The Pelly Amendment also requires that I report to the Congress any actions taken under this subsection and, if no import prohibitions have been ordered, the reasons for this action.

After thorough review, I have determined that sanctions against these nations will not be imposed at this time, particularly as the Administration pursues its appeal of the District Court order, and to allow implementation of an international dolphin conservation program in the eastern tropical Pacific Ocean.

Sincerely,

George Bush