PUBLIC LAW 104–43—NOV. 3, 1995

FISHERIES ACT OF 1995
109 STAT. 366 PUBLIC LAW 104–43—NOV. 3, 1995

Public Law 104–43

104th Congress

An Act

To amend the Fishermen’s Protective Act.

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 ‘‘Fisheries Act of 1995’’.

SEC. 2. TABLE OF CONTENTS.

The Table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—HIGH SEAS FISHING COMPLIANCE

Sec. 101. Short title.

Sec. 102. Purpose.

Sec. 103. Definitions.

Sec. 104. Permitting.

Sec. 105. Responsibilities of the Secretary.

Sec. 106. Unlawful activities.

Sec. 107. Enforcement provisions.

Sec. 108. Civil penalties and permit sanctions.

Sec. 109. Criminal offenses.

Sec. 110. Forfeitures.

Sec. 111. Effective date.

TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE

MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

Sec. 201. Short title.

Sec. 202. Representation of United States under convention.

Sec. 203. Requests for scientific advice.

Sec. 204. Authorities of Secretary of State with respect to convention.

Sec. 205. Interagency cooperation.

Sec. 206. Rulemaking.

Sec. 207. Prohibited acts and penalties.

Sec. 208. Consultative committee.

Sec. 209. Administrative matters.

Sec. 210. Definitions.

Sec. 211. Authorization of appropriations.

TITLE III—ATLANTIC TUNAS CONVENTION ACT

Sec. 301. Short title.

Sec. 302. Research and monitoring activities.

Sec. 303. Definitions.

Sec. 304. Advisory committee procedures.

Sec. 305. Regulations and enforcement of Convention.

Sec. 306. Fines and permit sanctions.

Sec. 307. Authorization of appropriations.

Sec. 308. Report and savings clause.

Sec. 309. Management and Atlantic yellowfin tuna.

Sec. 310. Study of bluefin tuna regulations.

Sec. 311. Sense of the Congress with respect to ICCAT negotiations.

TITLE IV—FISHERMEN’S PROTECTIVE ACT

Sec. 401. Findings.

16 USC 5501

note.

Fisheries Act of

1995.

Conservation.

Nov. 3, 1995

[H.R. 716]
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 367

Sec. 402. Amendment to the Fishermen’s Protective Act of 1967.

Sec. 403. Reauthorization.

Sec. 404. Technical corrections.

TITLE V—FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

Sec. 501. Short title.

Sec. 502. Fishing prohibition.

TITLE VI—DRIFTNET MORATORIUM

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. Prohibition.

Sec. 604. Negotiations.

Sec. 605. Certification.

Sec. 606. Enforcement.

TITLE VII—YUKON RIVER SALMON ACT

Sec. 701. Short title.

Sec. 702. Purposes.

Sec. 703. Definitions.

Sec. 704. Panel.

Sec. 705. Advisory committee.

Sec. 706. Exemption.

Sec. 707. Authority and responsibility.

Sec. 708. Continuation of agreement.

Sec. 709. Administrative matters.

Sec. 710. Authorization of appropriations.

TITLE VIII—MISCELLANEOUS

Sec. 801. South Pacific tuna amendment.

Sec. 802. Foreign fishing for Atlantic herring and Atlantic mackerel.

TITLE I—HIGH SEAS FISHING COMPLIANCE

SEC. 101. SHORT TITLE.

This title may be cited as the ‘‘High Seas Fishing Compliance

Act of 1995’’.

SEC. 102. PURPOSE.

It is the purpose of this Act—

(1) to implement the Agreement to Promote Compliance

with International Conservation and Management Measures

by Fishing Vessels on the High Seas, adopted by the Conference

of the Food and Agriculture Organization of the United Nations

on November 24, 1993; and

(2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high

seas.

SEC. 103. DEFINITIONS.

As used in this Act—

(1) The term ‘‘Agreement’’ means the Agreement to Promote

Compliance with International Conservation and Management

Measures by Fishing Vessels on the High Seas, adopted by

the Conference of the Food and Agriculture Organization of

the United Nations on November 24, 1993.

(2) The term ‘‘FAO’’ means the Food and Agriculture

Organization of the United Nations. (3) The term ‘‘high seas’’ means the waters beyond the territorial sea or exclusive economic zone (or the equivalent)

of any nation, to the extent that such territorial sea or exclusive

economic zone (or the equivalent) is recognized by the United

States.

16 USC 5502.

16 USC 5501.

16 USC 5501

note.

High Seas

Fishing

Compliance Act

of 1995.
109 STAT. 368 PUBLIC LAW 104–43—NOV. 3, 1995

(4) The term ‘‘high seas fishing vessel’’ means any vessel

of the United States used or intended for use—

(A) on the high seas;

(B) for the purpose of the commercial exploitation of

living marine resources; and (C) as a harvesting vessel, as a mother ship, or as

any other support vessel directly engaged in a fishing operation.

(5) The term ‘‘international conservation and management

measures’’ means measures to conserve or manage one or more

species of living marine resources that are adopted and applied

in accordance with the relevant rules of international law,

as reflected in the 1982 United Nations Convention on the

Law of the Sea, and that are recognized by the United States.

Such measures may be adopted by global, regional, or subregional fisheries organizations, subject to the rights and obligations of their members, or by treaties or other international

agreements.

(6) The term ‘‘length’’ means—

(A) for any high seas fishing vessel built after July

18, 1982, 96 percent of the total length on a waterline

at 85 percent of the least molded depth measured from

the top of the keel, or the length from the foreside of

the stem to the axis of the rudder stock on that waterline,

if that is greater, except that in ships designed with a

rake of keel the waterline on which this length is measured

shall be parallel to the designed waterline; and

(B) for any high seas fishing vessel built before July

18, 1982, registered length as entered on the vessel’s documentation.

(7) The term ‘‘person’’ means any individual (whether or

not a citizen or national of the United States), any corporation,

partnership, association, or other entity (whether or not organized or existing under the laws of any State), and any Federal,

State, local, or foreign government or any entity of any such

government.

(8) The term ‘‘Secretary’’ means the Secretary of Commerce.

(9) The term ‘‘vessel of the United States’’ means—

(A) a vessel documented under chapter 121 of title

46, United States Code, or numbered in accordance with

chapter 123 of title 46, United States Code;

(B) a vessel owned in whole or part by—

(i) the United States or a territory, commonwealth,

or possession of the United States;

(ii) a State or political subdivision thereof;

(iii) a citizen or national of the United States;

or

(iv) a corporation created under the laws of the

United States or any State, the District of Columbia,

or any territory, commonwealth, or possession of the

United States; unless the vessel has been granted the

nationality of a foreign nation in accordance with article 92 of the 1982 United Nations Convention on the

Law of the Sea and a claim of nationality or registry

for the vessel is made by the master or individual

in charge at the time of the enforcement action by

an officer or employee of the United States authorized
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 369

to enforce applicable provisions of the United States

law; and

(C) a vessel that was once documented under the laws

of the United States and, in violation of the laws of the

United States, was either sold to a person not a citizen

of the United States or placed under foreign registry or

a foreign flag, whether or not the vessel has been granted

the nationality of a foreign nation.

(10) The terms ‘‘vessel subject to the jurisdiction of the

United States’’ and ‘‘vessel without nationality’’ have the same

meaning as in section 3(c) of the Maritime Drug Law Enforcement Act (46 U.S.C. 1903(c)).

SEC. 104. PERMITTING.

(a) IN GENERAL.—No high seas fishing vessel shall engage

in harvesting operations on the high seas unless the vessel has

on board a valid permit issued under this section.

(b) ELIGIBILITY.—

(1) Any vessel of the United States is eligible to receive

a permit under this section, unless the vessel was previously

authorized to be used for fishing on the high seas by a foreign

nation, and

(A) the foreign nation suspended such authorization

because the vessel undermined the effectiveness of international conservation and management measures, and the

suspension has not expired; or

(B) the foreign nation, within the last three years

preceding application for a permit under this section, withdrew such authorization because the vessel undermined

the effectiveness of international conservation and management measures.

(2) The restriction in paragraph (1) does not apply if ownership of the vessel has changed since the vessel undermined

the effectiveness of international conservation and management

measures, and the new owner has provided sufficient evidence

to the Secretary demonstrating that the previous owner or

operator has no further legal, beneficial or financial interest

in, or control of, the vessel.

(3) The restriction in paragraph (1) does not apply if the

Secretary makes a determination that issuing a permit would

not subvert the purposes of the Agreement.

(4) The Secretary may not issue a permit to a vessel unless

the Secretary is satisfied that the United States will be able

to exercise effectively its responsibilities under the Agreement

with respect to that vessel.

(c) APPLICATION.—

(1) The owner or operator of a high seas fishing vessel

may apply for a permit under this section by completing an

application form prescribed by the Secretary.

(2) The application form shall contain—

(A) the vessel’s name, previous names (if known), official numbers, and port of record;

(B) the vessel’s previous flags (if any);

(C) the vessel’s International Radio Call Sign (if any);

(D) the names and addresses of the vessel’s owners

and operators;

(E) where and when the vessel was built;

16 USC 5503.
109 STAT. 370 PUBLIC LAW 104–43—NOV. 3, 1995

(F) the type of vessel;

(G) the vessel’s length; and

(H) any other information the Secretary requires for

the purposes of implementing the Agreement.

(d) CONDITIONS.—The Secretary shall establish such conditions

and restrictions on each permit issued under this section as are

necessary and appropriate to carry out the obligations of the United

States under the Agreement, including but not limited to the following:

(1) The vessel shall be marked in accordance with the

FAO Standard Specifications for the Marking and Identification

of Fishing Vessels, or with regulations issued under section

305 of the Magnuson Fishery Conservation and Management

Act (16 U.S.C. 1855); and

(2) The permit holder shall report such information as

the Secretary by regulation requires, including area of fishing

operations and catch statistics. The Secretary shall promulgate

regulations concerning conditions under which information

submitted under this paragraph may be released.

(e) FEES.—

(1) The Secretary shall by regulation establish the level

of fees to be charged for permits issued under this section.

The amount of any fee charged for a permit issued under

this section shall not exceed the administrative costs incurred

in issuing such permits. The permitting fee may be in addition

to any fee required under any regional permitting regime

applicable to high seas fishing vessels.

(2) The fees authorized by paragraph (1) shall be collected

and credited to the Operations, Research and Facilities account

of the National Oceanic and Atmospheric Administration. Fees

collected under this subsection shall be available for the necessary expenses of the National Oceanic and Atmospheric

Administration in implementing this Act, and shall remain

available until expended.

(f) DURATION.—A permit issued under this section is valid

for 5 years. A permit issued under this section is void in the

event the vessel is no longer eligible for United States documentation, such documentation is revoked or denied, or the vessel is

deleted from such documentation.

SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

(a) RECORD.—The Secretary shall maintain an automated file

or record of high seas fishing vessels issued permits under section

104, including all information submitted under section 104(c)(2).

(b) INFORMATION TO FAO.—The Secretary, in cooperation with

the Secretary of State and the Secretary of the department in

which the Coast Guard is operating, shall—

(1) make available to FAO information contained in the

record maintained under subsection (a);

(2) promptly notify FAO of changes in such information;

(3) promptly notify FAO of additions to or deletions from

the record, and the reason for any deletion;

(4) convey to FAO information relating to any permit

granted under section 104(b)(3), including the vessel’s identity,

owner or operator, and factors relevant to the Secretary’s determination to issue the permit;

16 USC 5504.

Regulations.

Regulations.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 371

(5) report promptly to FAO all relevant information regarding any activities of high seas fishing vessels that undermine

the effectiveness of international conservation and management

measures, including the identity of the vessels and any sanctions imposed; and

(6) provide the FAO a summary of evidence regarding

any activities of foreign vessels that undermine the effectiveness of international conservation and management measures.

(c) INFORMATION TO FLAG NATIONS.—If the Secretary, in

cooperation with the Secretary of State and the Secretary of the

department in which the Coast Guard is operating, has reasonable

grounds to believe that a foreign vessel has engaged in activities

undermining the effectiveness of international conservation and

management measures, the Secretary shall—

(1) provide to the flag nation information, including appropriate evidentiary material, relating to those activities; and

(2) when such foreign vessel is voluntarily in a United

States port, promptly notify the flag nation and, if requested

by the flag nation, make arrangements to undertake such lawful

investigatory measures as may be considered necessary to

establish whether the vessel has been used contrary to the

provisions of the Agreement.

(d) REGULATIONS.—The Secretary, after consultation with the

Secretary of State and the Secretary of the department in which

the Coast Guard is operating, may promulgate such regulations,

in accordance with section 553 of title 5, United States Code,

as may be necessary to carry out the purposes of the Agreement

and this title. The Secretary shall coordinate such regulations with

any other entities regulating high seas fishing vessels, in order

to minimize duplication of permit application and reporting requirements. To the extent practicable, such regulations shall also be

consistent with regulations implementing fishery management

plans under the Magnuson Fishery Conservation and Management

Act (16 U.S.C. 1801 et seq.).

(e) NOTICE OF INTERNATIONAL CONSERVATION AND MANAGEMENT MEASURES.—The Secretary, in consultation with the Secretary

of State, shall publish in the Federal Register, from time to time,

a notice listing international conservation and management measures recognized by the United States.

SEC. 106. UNLAWFUL ACTIVITIES.

It is unlawful for any person subject to the jurisdiction of

the United States—

(1) to use a high seas fishing vessel on the high seas

in contravention of international conservation and management

measures described in section 105(e);

(2) to use a high seas fishing vessel on the high seas,

unless the vessel has on board a valid permit issued under

section 104;

(3) to use a high seas fishing vessel in violation of the

conditions or restrictions of a permit issued under section 104;

(4) to falsify any information required to be reported,

communicated, or recorded pursuant to this title or any regulation issued under this title, or to fail to submit in a timely

fashion any required information, or to fail to report to the

Secretary immediately any change in circumstances that has

16 USC 5505.

Federal Register,

publication.
109 STAT. 372 PUBLIC LAW 104–43—NOV. 3, 1995

the effect of rendering any such information false, incomplete,

or misleading; (5) to refuse to permit an authorized officer to board a

high seas fishing vessel subject to such person’s control for

purposes of conducting any search or inspection in connection

with the enforcement of this title or any regulation issued

under this title;

(6) to forcibly assault, resist, oppose, impede, intimidate,

or interfere with an authorized officer in the conduct of any

search or inspection described in paragraph (5); (7) to resist a lawful arrest or detention for any act prohibited by this section;

(8) to interfere with, delay, or prevent, by any means,

the apprehension, arrest, or detection of another person, knowing that such person has committed any act prohibited by

this section;

(9) to ship, transport, offer for sale, sell, purchase, import,

export, or have custody, control, or possession of, any living

marine resource taken or retained in violation of this title

or any regulation or permit issued under this title; or

(10) to violate any provision of this title or any regulation

or permit issued under this title.

SEC. 107. ENFORCEMENT PROVISIONS.

(a) DUTIES OF SECRETARIES.—This title shall be enforced by

the Secretary of Commerce and the Secretary of the department

in which the Coast Guard is operating. Such Secretaries may by

agreement utilize, on a reimbursable basis or otherwise, the personnel, services, equipment (including aircraft and vessels), and facilities of any other Federal agency, or of any State agency, in the

performance of such duties. Such Secretaries shall, and the head

of any Federal or State agency that has entered into an agreement

with either such Secretary under this section may (if the agreement

so provides), authorize officers to enforce the provisions of this

title or any regulation or permit issued under this title.

(b) DISTRICT COURT JURISDICTION.—The district courts of the

United States shall have exclusive jurisdiction over any case or

controversy arising under the provisions of this title. In the case

of Guam, and any Commonwealth, territory, or possession of the

United States in the Pacific Ocean, the appropriate court is the

United States District Court for the District of Guam, except that

in the case of American Samoa, the appropriate court is the United

States District Court for the District of Hawaii.

(c) POWERS OF ENFORCEMENT OFFICERS.—

(1) Any officer who is authorized under subsection (a) to

enforce the provisions of this title may—

(A) with or without a warrant or other process—

(i) arrest any person, if the officer has reasonable

cause to believe that such person has committed an

act prohibited by paragraph (6), (7), (8), or (9) of section

106;

(ii) board, and search or inspect, any high seas

fishing vessel;

(iii) seize any high seas fishing vessel (together

with its fishing gear, furniture, appurtenances, stores,

and cargo) used or employed in, or with respect to

which it reasonably appears that such vessel was used

16 USC 5506.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 373

or employed in, the violation of any provision of this

title or any regulation or permit issued under this

title;

(iv) seize any living marine resource (wherever found) taken or retained, in any manner, in connection

with or as a result of the commission of any act prohibited by section 106; (v) seize any other evidence related to any violation

of any provision of this title or any regulation or permit

issued under this title;

(B) execute any warrant or other process issued by

any court of competent jurisdiction; and

(C) exercise any other lawful authority.

(2) Subject to the direction of the Secretary, a person

charged with law enforcement responsibilities by the Secretary

who is performing a duty related to enforcement of a law

regarding fisheries or other marine resources may make an

arrest without a warrant for an offense against the United

States committed in his presence, or for a felony cognizable

under the laws of the United States, if he has reasonable

grounds to believe that the person to be arrested has committed

or is committing a felony.

(d) ISSUANCE OF CITATIONS.—If any authorized officer finds

that a high seas fishing vessel is operating or has been operated

in violation of any provision of this title, such officer may issue

a citation to the owner or operator of such vessel in lieu of proceeding under subsection (c). If a permit has been issued pursuant

to this title for such vessel, such officer shall note the issuance

of any citation under this subsection, including the date thereof

and the reason therefor, on the permit. The Secretary shall maintain

a record of all citations issued pursuant to this subsection.

(e) LIABILITY FOR COSTS.—Any person assessed a civil penalty

for, or convicted of, any violation of this Act shall be liable for

the cost incurred in storage, care, and maintenance of any living

marine resource or other property seized in connection with the

violation.

SEC. 108. CIVIL PENALTIES AND PERMIT SANCTIONS.

(a) CIVIL PENALTIES.—

(1) Any person who is found by the Secretary, after notice

and opportunity for a hearing in accordance with section 554

of title 5, United States Code, to have committed an act prohibited by section 106 shall be liable to the United States for

a civil penalty. The amount of the civil penalty shall not exceed

$100,000 for each violation. Each day of a continuing violation

shall constitute a separate offense. The amount of such civil

penalty shall be assessed by the Secretary by written notice.

In determining the amount of such penalty, the Secretary shall

take into account the nature, circumstances, extent, and gravity

of the prohibited acts committed and, with respect to the violation, the degree of culpability, any history of prior offenses,

and such other matters as justice may require.

(2) The Secretary may compromise, modify, or remit, with

or without conditions, any civil penalty that is subject to imposition or that has been imposed under this section.

(b) PERMIT SANCTIONS.—

(1) In any case in which—

16 USC 5507.

Records.
109 STAT. 374 PUBLIC LAW 104–43—NOV. 3, 1995

(A) a vessel of the United States has been used in

the commission of an act prohibited under section 106;

(B) the owner or operator of a vessel or any other

person who has been issued or has applied for a permit

under section 104 has acted in violation of section 106;

or

(C) any amount in settlement of a civil forfeiture

imposed on a high seas fishing vessel or other property,

or any civil penalty or criminal fine imposed on a high

seas fishing vessel or on an owner or operator of such

a vessel or on any other person who has been issued

or has applied for a permit under any fishery resource

statute enforced by the Secretary, has not been paid and

is overdue, the Secretary may—

(i) revoke any permit issued to or applied for by

such vessel or person under this title, with or without

prejudice to the issuance of subsequent permits;

(ii) suspend such permit for a period of time considered by the Secretary to be appropriate;

(iii) deny such permit; or

(iv) impose additional conditions and restrictions

on such permit.

(2) In imposing a sanction under this subsection, the Secretary shall take into account—

(A) the nature, circumstances, extent, and gravity of

the prohibited acts for which the sanction is imposed; and

(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters

as justice may require.

(3) Transfer of ownership of a high seas fishing vessel,

by sale or otherwise, shall not extinguish any permit sanction

that is in effect or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel,

by sale or otherwise, the owner shall disclose in writing to

the prospective transferee the existence of any permit sanction

that will be in effect or pending with respect to the vessel

at the time of the transfer. The Secretary may waive or compromise a sanction in the case of a transfer pursuant to court

order.

(4) In the case of any permit that is suspended under

this subsection for nonpayment of a civil penalty or criminal

fine, the Secretary shall reinstate the permit upon payment

of the penalty or fine and interest thereon at the prevailing

rate.

(5) No sanctions shall be imposed under this subsection

unless there has been prior opportunity for a hearing on the

facts underlying the violation for which the sanction is imposed,

either in conjunction with a civil penalty proceeding under

this section or otherwise.

(c) HEARING.—For the purposes of conducting any hearing

under this section, the Secretary may issue subpoenas for the

attendance and testimony of witnesses and the production of relevant papers, books, and documents, and may administer oaths.

Witnesses summoned shall be paid the same fees and mileage

that are paid to witnesses in the courts of the United States.

In case of contempt or refusal to obey a subpoena served upon

any person pursuant to this subsection, the district court of the
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United States for any district in which such person is found, resides,

or transacts business, upon application by the United States and

after notice to such person, shall have jurisdiction to issue an

order requiring such person to appear and give testimony before

the Secretary or to appear and produce documents before the Secretary, or both, and any failure to obey such order of the court

may be punished by such court as a contempt thereof. (d) JUDICIAL REVIEW.—Any person against whom a civil penalty is assessed under subsection (a) or against whose vessel a permit

sanction is imposed under subsection (b) (other than a permit

suspension for nonpayment of penalty or fine) may obtain review

thereof in the United States district court for the appropriate district by filing a complaint against the Secretary in such court

within 30 days from the date of such penalty or sanction. The

Secretary shall promptly file in such court a certified copy of the

record upon which such penalty or sanction was imposed, as provided in section 2112 of title 28, United States Code. The findings

and order of the Secretary shall be set aside by such court if

they are not found to be supported by substantial evidence, as

provided in section 706(2) of title 5, United States Code. (e) COLLECTION.— (1) If any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order,

or after the appropriate court has entered final judgment in

favor of the Secretary, the matter shall be referred to the

Attorney General, who shall recover the amount assessed in

any appropriate district court of the United States. In such

action the validity and appropriateness of the final order imposing the civil penalty shall not be subject to review. (2) A high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the

commission of an act prohibited by section 106 shall be liable

in rem for any civil penalty assessed for such violation under

subsection (a) and may be proceeded against in any district

court of the United States having jurisdiction thereof. Such

penalty shall constitute a maritime lien on such vessel that

may be recovered in an action in rem in the district court

of the United States having jurisdiction over the vessel.

SEC. 109. CRIMINAL OFFENSES.

(a) OFFENSES.—A person is guilty of an offense if the person commits any act prohibited by paragraph (6), (7), (8), or (9) of

section 106.

(b) PUNISHMENT.—Any offense described in subsection (a) is a class A misdemeanor punishable by a fine under title 18, United

States Code, or imprisonment for not more than one year, or both;

except that if in the commission of any offense the person uses

a dangerous weapon, engages in conduct that causes bodily injury

to any authorized officer, or places any such officer in fear of

imminent bodily injury, the offense is a felony punishable by a

fine under title 18, United States Code, or imprisonment for not

more than 10 years, or both.

SEC. 110. FORFEITURES.

(a) IN GENERAL.—Any high seas fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used, and

any living marine resources (or the fair market value thereof)

taken or retained, in any manner, in connection with or as a

16 USC 5509.

16 USC 5508.
109 STAT. 376 PUBLIC LAW 104–43—NOV. 3, 1995

result of the commission of any act prohibited by section 106 (other

than an act for which the issuance of a citation under section

107 is a sufficient sanction) shall be subject to forfeiture to the

United States. All or part of such vessel may, and all such living

marine resources (or the fair market value thereof) shall, be forfeited to the United States pursuant to a civil proceeding under

this section.

(b) JURISDICTION OF DISTRICT COURTS.—Any district court of

the United States shall have jurisdiction, upon application of the

Attorney General on behalf of the United States, to order any

forfeiture authorized under subsection (a) and any action provided

for under subsection (d).

(c) JUDGMENT.—If a judgment is entered for the United States

in a civil forfeiture proceeding under this section, the Attorney

General may seize any property or other interest declared forfeited

to the United States, which has not previously been seized pursuant

to this title or for which security has not previously been obtained.

The provisions of the customs laws relating to—

(1) the seizure, forfeiture, and condemnation of property

for violation of the customs law;

(2) the disposition of such property or the proceeds from

the sale thereof; and

(3) the remission or mitigation of any such forfeiture;

shall apply to seizures and forfeitures incurred, or alleged to have

been incurred, under the provisions of this title, unless such provisions are inconsistent with the purposes, policy, and provisions

of this title.

(d) PROCEDURE.—

(1) Any officer authorized to serve any process in rem

that is issued by a court under section 107(b) shall—

(A) stay the execution of such process; or

(B) discharge any living marine resources seized pursuant to such process;

upon receipt of a satisfactory bond or other security from any

person claiming such property. Such bond or other security

shall be conditioned upon such person delivering such property

to the appropriate court upon order thereof, without any impairment of its value, or paying the monetary value of such property

pursuant to an order of such court. Judgment shall be recoverable on such bond or other security against both the principal

and any sureties in the event that any condition thereof is

breached, as determined by such court.

(2) Any living marine resources seized pursuant to this

title may be sold, subject to the approval of the appropriate

court, for not less than the fair market value thereof. The

proceeds of any such sale shall be deposited with such court

pending the disposition of the matter involved.

(e) REBUTTABLE PRESUMPTION.—For purposes of this section,

all living marine resources found on board a high seas fishing

vessel and which are seized in connection with an act prohibited

by section 106 are presumed to have been taken or retained in

violation of this title, but the presumption can be rebutted by

an appropriate showing of evidence to the contrary.

SEC. 111. EFFECTIVE DATE.

This title shall take effect 120 days after the date of enactment

of this Act.

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note.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 377

TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE

MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

SEC. 201. SHORT TITLE.

This title may be cited as the ‘‘Northwest Atlantic Fisheries

Convention Act of 1995’’.

SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.

(a) COMMISSIONERS.— (1) APPOINTMENTS, GENERALLY.—The Secretary shall

appoint not more than 3 individuals to serve as the representatives of the United States on the General Council and the

Fisheries Commission, who shall each—

(A) be known as a ‘‘United States Commissioner to

the Northwest Atlantic Fisheries Organization’’; and

(B) serve at the pleasure of the Secretary.

(2) REQUIREMENTS FOR APPOINTMENTS.—

(A) The Secretary shall ensure that of the individuals

serving as Commissioners—

(i) at least 1 is appointed from among representatives of the commercial fishing industry;

(ii) 1 (but no more than 1) is an official of the

Government; and

(iii) 1, other than the individual appointed under

clause (ii), is a voting member of the New England

Fishery Management Council.

(B) The Secretary may not appoint as a Commissioner

an individual unless the individual is knowledgeable and

experienced concerning the fishery resources to which the

Convention applies.

(3) TERMS.—

(A) The term of an individual appointed as a Commissioner—

(i) shall be specified by the Secretary at the time

of appointment; and

(ii) may not exceed 4 years.

(B) An individual who is not a Government official

may not serve more than 2 consecutive terms as a Commissioner.

(b) ALTERNATE COMMISSIONERS.—

(1) APPOINTMENT.—The Secretary may, for any anticipated

absence of a duly appointed Commissioner at a meeting of

the General Council or the Fisheries Commission, designate

an individual to serve as an Alternate Commissioner.

(2) FUNCTIONS.—An Alternate Commissioner may exercise

all powers and perform all duties of the Commissioner for

whom the Alternate Commissioner is designated, at any meeting of the General Council or the Fisheries Commission for

which the Alternate Commissioner is designated.

(c) REPRESENTATIVES.—

(1) APPOINTMENT.—The Secretary shall appoint not more

than 3 individuals to serve as the representatives of the United

States on the Scientific Council, who shall each be known

as a ‘‘United States Representative to the Northwest Atlantic

Fisheries Organization Scientific Council’’.

(2) ELIGIBILITY FOR APPOINTMENT.—

16 USC 5601.

16 USC 5601

note.

16 USC 5601

note.
109 STAT. 378 PUBLIC LAW 104–43—NOV. 3, 1995

(A) The Secretary may not appoint an individual as

a Representative unless the individual is knowledgeable

and experienced concerning the scientific issues dealt with

by the Scientific Council.

(B) The Secretary shall appoint as a Representative

at least 1 individual who is an official of the Government.

(3) TERM.—An individual appointed as a Representative—

(A) shall serve for a term of not to exceed 4 years,

as specified by the Secretary at the time of appointment;

(B) may be reappointed; and

(C) shall serve at the pleasure of the Secretary.

(d) ALTERNATE REPRESENTATIVES.—

(1) APPOINTMENT.—The Secretary may, for any anticipated

absence of a duly appointed Representative at a meeting of

the Scientific Council, designate an individual to serve as an

Alternate Representative.

(2) FUNCTIONS.—An Alternate Representative may exercise

all powers and perform all duties of the Representative for

whom the Alternate Representative is designated, at any meeting of the Scientific Council for which the Alternate Representative is designated.

(e) EXPERTS AND ADVISERS.—The Commissioners, Alternate

Commissioners, Representatives, and Alternate Representatives

may be accompanied at meetings of the Organization by experts

and advisers.

(f) COORDINATION AND CONSULTATION.—

(1) IN GENERAL.—In carrying out their functions under

the Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall—

(A) coordinate with the appropriate Regional Fishery

Management Councils established by section 302 of the

Magnuson Act (16 U.S.C. 1852); and

(B) consult with the committee established under section 208.

(2) RELATIONSHIP TO OTHER LAW.—The Federal Advisory

Committee Act (5 U.S.C. App.) shall not apply to coordination

and consultations under this subsection.

SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

(a) RESTRICTION.—The Representatives may not make a request

or specification described in subsection (b) (1) or (2), respectively,

unless the Representatives have first—

(1) consulted with the appropriate Regional Fishery

Management Councils; and

(2) received the consent of the Commissioners for that

action.

(b) REQUESTS AND TERMS OF REFERENCE DESCRIBED.—The

requests and specifications referred to in subsection (a) are, respectively—

(1) any request, under Article VII(1) of the Convention,

that the Scientific Council consider and report on a question

pertaining to the scientific basis for the management and conservation of fishery resources in waters under the jurisdiction

of the United States within the Convention Area; and

(2) any specification, under Article VIII(2) of the Convention, of the terms of reference for the consideration of a question

16 USC 5602.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 379

referred to the Scientific Council pursuant to Article VII(1)

of the Convention.

SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO

CONVENTION.

The Secretary of State may, on behalf of the Government of

the United States—

(1) receive and transmit reports, requests, recommendations, proposals, and other communications of and to the

Organization and its subsidiary organs; (2) object, or withdraw an objection, to the proposal of

the Fisheries Commission;

(3) give or withdraw notice of intent not to be bound by

a measure of the Fisheries Commission;

(4) object or withdraw an objection to an amendment to

the Convention; and

(5) act upon, or refer to any other appropriate authority,

any other communication referred to in paragraph (1).

SEC. 205. INTERAGENCY COOPERATION.

(a) AUTHORITIES OF SECRETARY.—In carrying out the provisions

of the Convention and this title, the Secretary may arrange for

cooperation with other agencies of the United States, the States,

the New England and the Mid-Atlantic Fishery Management Councils, and private institutions and organizations.

(b) OTHER AGENCIES.—The head of any Federal agency may—

(1) cooperate in the conduct of scientific and other programs, and furnish facilities and personnel, for the purposes

of assisting the Organization in carrying out its duties under

the Convention; and

(2) accept reimbursement from the Organization for providing such services, facilities, and personnel.

SEC. 206. RULEMAKING.

The Secretary shall promulgate regulations as may be necessary to carry out the purposes and objectives of the Convention

and this title. Any such regulation may be made applicable, as

necessary, to all persons and all vessels subject to the jurisdiction

of the United States, wherever located.

SEC. 207. PROHIBITED ACTS AND PENALTIES.

(a) PROHIBITION.—It is unlawful for any person or vessel that

is subject to the jurisdiction of the United States—

(1) to violate any regulation issued under this title or

any measure that is legally binding on the United States under

the Convention;

(2) to refuse to permit any authorized enforcement officer

to board a fishing vessel that is subject to the person’s control

for purposes of conducting any search or inspection in connection with the enforcement of this title, any regulation issued

under this title, or any measure that is legally binding on

the United States under the Convention;

(3) forcibly to assault, resist, oppose, impede, intimidate,

or interfere with any authorized enforcement officer in the

conduct of any search or inspection described in paragraph

(2);

(4) to resist a lawful arrest for any act prohibited by this

section;

16 USC 5606.

16 USC 5605.

16 USC 5604.

16 USC 5603.
109 STAT. 380 PUBLIC LAW 104–43—NOV. 3, 1995

(5) to ship, transport, offer for sale, sell, purchase, import,

export, or have custody, control, or possession of, any fish

taken or retained in violation of this section; or

(6) to interfere with, delay, or prevent, by any means,

the apprehension or arrest of another person, knowing that

the other person has committed an act prohibited by this section.

(b) CIVIL PENALTY.—Any person who commits any act that is unlawful under subsection (a) shall be liable to the United States

for a civil penalty, or may be subject to a permit sanction, under

section 308 of the Magnuson Act (16 U.S.C. 1858). (c) CRIMINAL PENALTY.—Any person who commits an act that

is unlawful under paragraph (2), (3), (4), or (6) of subsection (a)

shall be guilty of an offense punishable under section 309(b) of

the Magnuson Act (16 U.S.C. 1859(b)).

(d) CIVIL FORFEITURES.—

(1) IN GENERAL.—Any vessel (including its gear, furniture,

appurtenances, stores, and cargo) used in the commission of

an act that is unlawful under subsection (a), and any fish

(or the fair market value thereof) taken or retained, in any

manner, in connection with or as a result of the commission

of any act that is unlawful under subsection (a), shall be subject

to seizure and forfeiture as provided in section 310 of the

Magnuson Act (16 U.S.C. 1860).

(2) DISPOSAL OF FISH.—Any fish seized pursuant to this

title may be disposed of pursuant to the order of a court

of competent jurisdiction or, if perishable, in a manner prescribed by regulations issued by the Secretary.

(e) ENFORCEMENT.—The Secretary and the Secretary of the

department in which the Coast Guard is operating shall enforce

the provisions of this title and shall have the authority specified

in sections 311 (a), (b)(1), and (c) of the Magnuson Act (16 U.S.C.

1861 (a), (b)(1), and (c)) for that purpose.

(f) JURISDICTION OF COURTS.—The district courts of the United

States shall have exclusive jurisdiction over any case or controversy

arising under this section and may, at any time—

(1) enter restraining orders or prohibitions;

(2) issue warrants, process in rem, or other process;

(3) prescribe and accept satisfactory bonds or other security;

and

(4) take such other actions as are in the interests of justice.

SEC. 208. CONSULTATIVE COMMITTEE.

(a) ESTABLISHMENT.—The Secretary of State and the Secretary,

shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention.

(b) MEMBERSHIP.—

(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery

Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others

knowledgeable and experienced in the conservation and

management of fisheries in the Northwest Atlantic Ocean.

(2) TERMS AND REAPPOINTMENT.—Each member of the

consultative committee shall serve for a term of two years

and shall be eligible for reappointment.

16 USC 5607.

Regulations.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 381

(c) DUTIES OF THE COMMITTEE.—Members of the consultative

committee may attend—

(1) all public meetings of the General Council or the Fisheries Commission;

(2) any other meetings to which they are invited by the

General Council or the Fisheries Commission; and

(3) all nonexecutive meetings of the United States Commissioners.

(d) RELATIONSHIP TO OTHER LAW.—The Federal Advisory

Committee Act (5 U.S.C. App.) shall not apply to the consultative

committee established under this section.

SEC. 209. ADMINISTRATIVE MATTERS.

(a) PROHIBITION ON COMPENSATION.—A person shall not receive

any compensation from the Government by reason of any service

of the person as—

(1) a Commissioner, Alternate Commissioner, Representative, or Alternative Representative;

(2) an expert or adviser authorized under section 202(e);

or

(3) a member of the consultative committee established

by section 208.

(b) TRAVEL AND EXPENSES.—The Secretary of State shall, subject to the availability of appropriations, pay all necessary travel

and other expenses of persons described in subsection (a)(1) and

of not more than six experts and advisers authorized under section

202(e) with respect to their actual performance of their official

duties pursuant to this title, in accordance with the Federal Travel

Regulations and sections 5701, 5702, 5704 through 5708, and 5731

of title 5, United States Code.

(c) STATUS AS FEDERAL EMPLOYEES.—A person shall not be

considered to be a Federal employee by reason of any service of

the person in a capacity described in subsection (a), except for

purposes of injury compensation and tort claims liability under

chapter 81 of title 5, United States Code, and chapter 17 of title

28, United States Code, respectively.

SEC. 210. DEFINITIONS.

In this title the following definitions apply:

(1) AUTHORIZED ENFORCEMENT OFFICER.—The term

‘‘authorized enforcement officer’’ means a person authorized

to enforce this title, any regulation issued under this title,

or any measure that is legally binding on the United States

under the Convention.

(2) COMMISSIONER.—The term ‘‘Commissioner’’ means a

United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 202(a).

(3) CONVENTION.—The term ‘‘Convention’’ means the

Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done at Ottawa on October 24, 1978.

(4) FISHERIES COMMISSION.—The term ‘‘Fisheries Commission’’ means the Fisheries Commission provided for by Articles

II, XI, XII, XIII, and XIV of the Convention.

(5) GENERAL COUNCIL.—The term ‘‘General Council’’ means

the General Council provided for by Article II, III, IV, and

V of the Convention.

16 USC 5609.

16 USC 5608.
109 STAT. 382 PUBLIC LAW 104–43—NOV. 3, 1995

(6) MAGNUSON ACT.—The term ‘‘Magnuson Act’’ means the Magnuson Fishery Conservation and Management Act (16

U.S.C. 1801 et seq.).

(7) ORGANIZATION.—The term ‘‘Organization’’ means the

Northwest Atlantic Fisheries Organization provided for by Article II of the Convention.

(8) PERSON.—The term ‘‘person’’ means any individual (whether or not a citizen or national of the United States),

and any corporation, partnership, association, or other entity

(whether or not organized or existing under the laws of any

State).

(9) REPRESENTATIVE.—The term ‘‘Representative’’ means

a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 202(c).

(10) SCIENTIFIC COUNCIL.—The term ‘‘Scientific Council’’

means the Scientific Council provided for by Articles II, VI,

VII, VIII, IX, and X of the Convention.

(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this title,

including use for payment as the United States contribution to

the Organization as provided in Article XVI of the Convention,

$500,000 for each of the fiscal years 1995, 1996, 1997, and 1998.

TITLE III—ATLANTIC TUNAS CONVENTION ACT

SEC. 301. SHORT TITLE.

This title may be cited as the ‘‘Atlantic Tunas Convention

Authorization Act of 1995’’.

SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

(a) REPORT TO CONGRESS.—The Secretary of Commerce shall,

within 90 days after the date of enactment of this Act, submit

a report to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Resources of the House

of Representatives—

(1) identifying current governmental and nongovernmental

research and monitoring activities on Atlantic bluefin tuna

and other highly migratory species;

(2) describing the personnel and budgetary resources allocated to such activities; and

(3) explaining how each activity contributes to the conservation and management of Atlantic bluefin tuna and other highly

migratory species.

(b) RESEARCH AND MONITORING PROGRAM.—Section 3 of the

Act of September 4, 1980 (16 U.S.C. 971i) is amended—

(1) by amending the section heading to read as follows:

‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.’’;

(2) by striking the last sentence;

(3) by inserting ‘‘(a) BIENNIAL REPORT ON BLUEFIN TUNA.—

’’ before ‘‘The Secretary of Commerce shall’’; and

(4) by adding at the end the following:

‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND MONITORING.—

16 USC 971 note.

Atlantic Tunas

Convention

Authorization

Act of 1995.

16 USC 5610.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 383

‘‘(1) Within 6 months after the date of enactment of the

Atlantic Tunas Convention Authorization Act of 1995, the Secretary of Commerce, in cooperation with the advisory committee

established under section 4 of the Atlantic Tunas Convention

Act of 1975 (16 U.S.C. 971b) and in consultation with the

United States Commissioners on the International Commission

for the Conservation of Atlantic Tunas (referred to elsewhere

in this section as the ‘Commission’) and the Secretary of State,

shall develop and implement a comprehensive research and

monitoring program to support the conservation and management of Atlantic bluefin tuna and other highly migratory species that shall—

‘‘(A) identify and define the range of stocks of highly

migratory species in the Atlantic Ocean, including Atlantic

bluefin tuna; and

‘‘(B) provide for appropriate participation by nations

which are members of the Commission.

‘‘(2) The program shall provide for, but not be limited

to—

‘‘(A) statistically designed cooperative tagging studies;

‘‘(B) genetic and biochemical stock analyses;

‘‘(C) population censuses carried out through aerial

surveys of fishing grounds and known migration areas;

‘‘(D) adequate observer coverage and port sampling

of commercial and recreational fishing activity;

‘‘(E) collection of comparable real-time data on commercial and recreational catches and landings through the

use of permits, logbooks, landing reports for charter operations and fishing tournaments, and programs to provide

reliable reporting of the catch by private anglers;

‘‘(F) studies of the life history parameters of Atlantic

bluefin tuna and other highly migratory species;

‘‘(G) integration of data from all sources and the

preparation of data bases to support management decisions;

and

‘‘(H) other research as necessary.

‘‘(3) In developing a program under this section, the Secretary shall—

‘‘(A) ensure that personnel and resources of each

regional research center shall have substantial participation in the stock assessments and monitoring of highly

migratory species that occur in the region;

‘‘(B) provide for comparable monitoring of all United

States fishermen to which the Atlantic Tunas Convention

Act applies with respect to effort and species composition

of catch and discards;

‘‘(C) consult with relevant Federal and State agencies,

scientific and technical experts, commercial and recreational fishermen, and other interested persons, public

and private, and shall publish a proposed plan in the

Federal Register for the purpose of receiving public comment on the plan; and

‘‘(D) through the Secretary of State, encourage other

member nations to adopt a similar program.’’.

Federal Register,

publication.

Intergovernmental relations.
109 STAT. 384 PUBLIC LAW 104–43—NOV. 3, 1995

SEC. 303. DEFINITIONS.

Section 2 of the Atlantic Tunas Convention Act of 1975 (16

U.S.C. 971) is amended—

(1) by designating paragraphs (3) through (10) as (4)

through (11), respectively, and inserting after paragraph (2)

the following:

‘‘(3) The term ‘conservation recommendation’ means any

recommendation of the Commission made pursuant to Article

VIII of the Convention and acted upon favorably by the Secretary of State under section 5(a) of this Act.’’;

(2) by striking paragraph (5), as redesignated, and inserting

the following:

‘‘(4) The term ‘exclusive economic zone’ means an exclusive

economic zone as defined in section 3 of the Magnuson Fishery

Conservation and Management Act (16 U.S.C. 1802).’’; and

(3) by striking ‘‘fisheries zone’’ wherever it appears in the

Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.)

and inserting ‘‘exclusive economic zone’’.

SEC. 304. ADVISORY COMMITTEE PROCEDURES.

Section 4 of the Atlantic Tunas Convention Act of 1975 (16

U.S.C. 971b) is amended—

(1) by inserting ‘‘(a)’’ before ‘‘There’’; and

(2) by adding at the end the following:

‘‘(b)(1) A majority of the members of the advisory committee

shall constitute a quorum, but one or more such members designated by the advisory committee may hold meetings to provide

for public participation and to discuss measures relating to the

United States implementation of Commission recommendations.

‘‘(2) The advisory committee shall elect a Chairman for a 2-

year term from among its members.

‘‘(3) The advisory committee shall meet at appropriate times

and places at least twice a year, at the call of the Chairman

or upon the request of the majority of its voting members, the

United States Commissioners, the Secretary, or the Secretary of

State. Meetings of the advisory committee, except when in executive

session, shall be open to the public, and prior notice of meetings

shall be made public in a timely fashion.

‘‘(4)(A) The Secretary shall provide to the advisory committee

in a timely manner such administrative and technical support services as are necessary for the effective functioning of the committee.

‘‘(B) The Secretary and the Secretary of State shall furnish

the advisory committee with relevant information concerning fisheries and international fishery agreements.

‘‘(5) The advisory committee shall determine its organization,

and prescribe its practices and procedures for carrying out its

functions under this Act, the Magnuson Fishery Conservation and

Management Act (16 U.S.C. 1801 et seq.), and the Convention.

The advisory committee shall publish and make available to the

public a statement of its organization, practices, and procedures.

‘‘(6) The advisory committee shall, to the maximum extent

practicable, consist of an equitable balance among the various

groups concerned with the fisheries covered by the Convention

and shall not be subject to the Federal Advisory Committee Act

(5 U.S.C. App.).’’.

Publication.

Public

information.

Public

information.

16 USC 971c,

971d.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 385

SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVENTION.

Section 6(c) of the Atlantic Tunas Convention Act of 1975

(16 U.S.C. 971d(c)) is amended—

(1) by inserting ‘‘AND OTHER MEASURES’’ after ‘‘REGULATIONS’’ in the section caption;

(2) by inserting ‘‘or fishing mortality level’’ after ‘‘quota

of fish’’ in the last sentence of paragraph (3); and

(3) by inserting the following after paragraph (5):

‘‘(6) IDENTIFICATION AND NOTIFICATION.—

‘‘(A) Not later than July 1, 1996, and annually thereafter, the Secretary, in consultation with the Secretary

of State, the Commissioners, and the advisory committee,

shall—

‘‘(i) identify those nations whose fishing vessels

are fishing, or have fished during the preceding calendar year, within the convention area in a manner

or under circumstances that diminish the effectiveness

of a conservation recommendation;

‘‘(ii) notify the President and the nation so identified, including an explanation of the reasons therefor;

and

‘‘(iii) publish a list of those Nations identified under

subparagraph (A).

In identifying those Nations, the Secretary shall consider,

based on the best available information, whether those

Nations have measures in place for reporting, monitoring,

and enforcement, and whether those measures diminish

the effectiveness of any conservation recommendation.

‘‘(7) CONSULTATION.—Not later than 30 days after a Nation

is notified under paragraph (6), the President may enter into

consultations with the Government of that Nation for the purpose of obtaining an agreement that will—

‘‘(A) effect the immediate termination and prevent the

resumption of any fishing operation by vessels of that

Nation within the Convention area which is conducted

in a manner or under circumstances that diminish the

effectiveness of the conservation recommendation;

‘‘(B) when practicable, require actions by that Nation,

or vessels of that Nation, to mitigate the negative impacts

of fishing operations on the effectiveness of the conservation

recommendation involved, including but not limited to, the

imposition of subsequent-year deductions for quota overages; and

‘‘(C) result in the establishment, if necessary, by such

Nation of reporting, monitoring, and enforcement measures

that are adequate to ensure the effectiveness of conservation recommendations.’’.

SEC. 306. FINES AND PERMIT SANCTIONS.

Section 7(e) of the Atlantic Tunas Convention Act of 1975

(16 U.S.C. 971(e)) is amended to read as follows:

‘‘(e) The civil penalty and permit sanctions of section 308 of

the Magnuson Fishery Conservation and Management Act (16

U.S.C. 1858) are hereby made applicable to violations of this section

as if they were violations of section 307 of that Act.’’.

16 USC 971e.

Publication.
109 STAT. 386 PUBLIC LAW 104–43—NOV. 3, 1995

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

Section 10 of the Atlantic Tunas Convention Act of 1975 (16

U.S.C. 971h) is amended to read as follows:

‘‘AUTHORIZATION OF APPROPRIATIONS

‘‘SEC. 10. There are authorized to be appropriated to carry

out this Act, including use for payment of the United States share

of the joint expenses of the Commission as provided in Article

X of the Convention, the following sums:

‘‘(1) For fiscal year 1995, $4,103,000, of which $50,000

are authorized in the aggregate for the advisory committee

established under section 4 and the species working groups

established under section 4A, and $2,890,000 are authorized

for research activities under this Act and the Act of September

4, 1980 (16 U.S.C. 971i).

‘‘(2) For fiscal year 1996, $5,453,000, of which $50,000

are authorized in the aggregate for such advisory committee

and such working groups, and $4,240,000 are authorized for

such research activities.

‘‘(3) For fiscal year 1997, $5,465,000 of which $62,000 are

authorized in the aggregate for such advisory committee and

such working groups, and $4,240,000 are authorized for such

research activities.

‘‘(4) For fiscal year 1998, $5,465,000 of which $75,000 are

authorized in the aggregate for such advisory committee and

such working groups, and $4,240,000 are authorized for such

research activities.’’.

SEC. 308. REPORT AND SAVINGS CLAUSE.

The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971

et seq.) is amended by adding at the end thereof the following:

‘‘§ 11. Annual report

‘‘Not later than April 1, 1996, and annually thereafter, the

Secretary shall prepare and transmit to the Committee on Resources

of the House of Representatives and the Committee on Commerce,

Science, and Transportation of the Senate a report, that—

‘‘(1) details for the previous 10-year period the catches

and exports to the United States of highly migratory species

(including tunas, swordfish, marlin and sharks) from Nations

fishing on Atlantic stocks of such species that are subject to

management by the Commission;

‘‘(2) identifies those fishing Nations whose harvests are

inconsistent with conservation and management recommendations of the Commission;

‘‘(3) describes reporting requirements established by the

Secretary to ensure that imported fish products are in compliance with all international management measures, including

minimum size requirements, established by the Commission

and other international fishery organizations to which the

United States is a party; and

‘‘(4) describes actions taken by the Secretary under section

6.

16 USC 971j.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 387

‘‘§ 12. Savings clause

‘‘Nothing in this Act shall have the effect of diminishing the

rights and obligations of any Nation under Article VIII(3) of the

Convention.’’.

SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.

(a) Not later than 90 days after the date of the enactment

of this Act, the Secretary of Commerce in accordance with this

section shall publish a preliminary determination of the level of

the United States recreational and commercial catch of Atlantic

yellowfin tuna on an annual basis since 1980. The Secretary shall

publish a preliminary determination in the Federal Register for

comment for a period not to exceed 60 days. The Secretary shall

publish a final determination not later than 140 days from the

date of the enactment of this section.

(b) Not later than July 1, 1996, the Secretary of Commerce

shall implement the recommendations of the International Commission for the Conservation of Atlantic Tunas regarding yellowfin

tuna made pursuant to Article VIII of the International Convention

for the Conservation of Atlantic Tunas and acted upon favorably

by the Secretary of State under section 5(a) of the Atlantic Tunas

Convention Act of 1975 (16 U.S.C. 971c(a)).

SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.

Not later than 270 days after the date of enactment of this

Act, the Secretary of Commerce shall submit to the Committee

on Commerce, Science and Transportation of the Senate and to

the Committee on Resources of the House of Representatives a

report on the historic rationale, effectiveness, and biological and

economic efficiency of existing bluefin tuna regulations for United

States Atlantic fisheries. Specifically, the biological rationale for

each regional and category allocation, including directed and

incidental categories, should be described in light of the average

size, age, and maturity of bluefin tuna caught in each fishery

and the effect of this harvest on stock rebuilding and sustainable

yield. The report should examine the history and evaluate the

level of wasteful discarding, and evaluate the effectiveness of nonquota regulations at constraining harvests within regions. Further,

comments should be provided on levels of participation in specific

fisheries in terms of vessels and trips, enforcement implications,

and the importance of monitoring information provided by these

allocations on the precision of the stock assessment estimates.

SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGOTIATIONS.

(a) SHARING OF CONSERVATION BURDEN.—It is the sense of

the Congress that in future negotiations of the International

Commission for the Conservation of Atlantic Tunas (hereafter in

this section referred to as ‘‘ICCAT’’), the Secretary of Commerce

shall ensure that the conservation actions recommended by international commissions and implemented by the Secretary for United

States commercial and recreational fishermen provide fair and equitable sharing of the conservation burden among all contracting

harvesters in negotiations with those commissions.

(b) ENFORCEMENT PROVISIONS.—It is further the sense of the

Congress that, during 1995 ICCAT negotiations on swordfish and

other Highly Migratory Species managed by ICCAT, the Congress

Reports.

16 USC 971c

note.

Federal Register,

publication.

Publication.

16 USC 971k.
109 STAT. 388 PUBLIC LAW 104–43—NOV. 3, 1995

encourages the United States Commissioners to add enforcement

provisions similar to those applicable to bluefin tuna. (c) ENHANCED MONITORING.—It is further the sense of the

Congress that the National Oceanic and Atmospheric Administration and the United States Customs Service should enhance monitoring activities to ascertain what specific stocks are being imported

into the United States and the country of origin. (d) MULTILATERAL ENFORCEMENT PROCESS.—It is further the

sense of the Congress that the United States Commissioners should

pursue as a priority the establishment and implementation prior

to December 31, 1996, an effective multilateral process that will

enable ICCAT nations to enforce the conservation recommendations

of the Commission.

TITLE IV—FISHERMEN’S PROTECTIVE ACT

SEC. 401. FINDINGS.

The Congress finds that—

(1) customary international law and the United Nations

Convention on the Law of the Sea guarantee the right of

passage, including innocent passage, to vessels through the

waters commonly referred to as the ‘‘Inside Passage’’ off the

Pacific Coast of Canada;

(2) in 1994 Canada required all commercial fishing vessels

of the United States to pay 1,500 Canadian dollars to obtain

a ‘‘license which authorizes transit’’ through the Inside Passage;

(3) this action was inconsistent with international law,

including the United Nations Convention on the Law of the

Sea, and, in particular, Article 26 of that Convention, which

specifically prohibits such fees, and threatened the safety of

United States commercial fishermen who sought to avoid the

fee by traveling in less protected waters;

(4) the Fishermen’s Protective Act of 1967 provides for

the reimbursement of vessel owners who are forced to pay

a license fee to secure the release of a vessel which has been

seized, but does not permit reimbursement of a fee paid by

the owner in advance in order to prevent a seizure;

(5) Canada required that the license fee be paid in person

in 2 ports on the Pacific Coast of Canada, or in advance by

mail;

(6) significant expense and delay was incurred by commercial fishing vessels of the United States that had to travel

from the point of seizure back to one of those ports in order

to pay the license fee required by Canada, and the costs of

that travel and delay cannot be reimbursed under the Fishermen’s Protective Act;

(7) the Fishermen’s Protective Act of 1967 should be amended to permit vessel owners to be reimbursed for fees required

by a foreign government to be paid in advance in order to

navigate in the waters of that foreign country if the United

States considers that fee to be inconsistent with international

law;

(8) the Secretary of State should seek to recover from

Canada any amounts paid by the United States to reimburse

vessel owners who paid the transit license fee;

(9) the United States should review its current policy with

respect to anchorage by commercial fishing vessels of Canada

22 USC 1980a

note.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 389

in waters of the United States off Alaska, including waters

in and near the Dixon Entrance, and should accord such vessels

the same treatment that commercial fishing vessels of the

United States are accorded for anchorage in the waters of

Canada off British Columbia;

(10) the President should ensure that, consistent with international law, the United States Coast Guard has available

adequate resources in the Pacific Northwest and Alaska to

provide for the safety of United States citizens, the enforcement

of United States law, and to protect the rights of the United

States and keep the peace among vessels operating in disputed

waters;

(11) the President should continue to review all agreements

between the United States and Canada to identify other actions

that may be taken to convince Canada that any reinstatement

of the transit license fee would be against Canada’s long-term

interests, and should immediately implement any actions which

the President deems appropriate if Canada reinstates the fee;

(12) the President should continue to convey to Canada

in the strongest terms that the United States will not now,

nor at any time in the future, tolerate any action by Canada

which would impede or otherwise restrict the right of passage

of vessels of the United States in a manner inconsistent with

international law; and

(13) the United States should continue its efforts to seek

expeditious agreement with Canada on appropriate fishery conservation and management measures that can be implemented

through the Pacific Salmon Treaty to address issues of mutual

concern.

SEC. 402. AMENDMENT TO THE FISHERMEN’S PROTECTIVE ACT OF

1967.

(a) The Fishermen’s Protective Act of 1967 (22 U.S.C. 1971

et seq.) is amended by adding at the end the following new section:

‘‘SEC. 11. (a) In any case on or after June 15, 1994, in which

a vessel of the United States exercising its right of passage is

charged a fee by the government of a foreign country to engage

in transit passage between points in the United States (including

a point in the exclusive economic zone or in an area over which

jurisdiction is in dispute), and such fee is regarded by the United

States as being inconsistent with international law, the Secretary

of State shall, subject to the availability of appropriated funds,

reimburse the vessel owner for the amount of any such fee paid

under protest.

‘‘(b) In seeking such reimbursement, the vessel owner shall

provide, together with such other information as the Secretary

of State may require—

‘‘(1) a copy of the receipt for payment;

‘‘(2) an affidavit attesting that the owner or the owner’s

agent paid the fee under protest; and

‘‘(3) a copy of the vessel’s certificate of documentation.

‘‘(c) Requests for reimbursement shall be made to the Secretary

of State within 120 days after the date of payment of the fee,

or within 90 days after the date of enactment of this section,

whichever is later.

‘‘(d) Such funds as may be necessary to meet the requirements

of this section may be made available from the unobligated balance

22 USC 1980a.
109 STAT. 390 PUBLIC LAW 104–43—NOV. 3, 1995

of previously appropriated funds remaining in the Fishermen’s

Protective Fund established under section 9. To the extent that

requests for reimbursement under this section exceed such funds,

there are authorized to be appropriated such sums as may be

needed for reimbursements authorized under subsection (a), which

shall be deposited in the Fishermen’s Protective Fund established

under section 9.

‘‘(e) The Secretary of State shall take such action as the Sec- retary deems appropriate to make and collect claims against the

foreign country imposing such fee for any amounts reimbursed

under this section.

‘‘(f) For purposes of this section, the term ‘owner’ includes

any charterer of a vessel of the United States.’’. (b) The Fishermen’s Protective Act of 1967 (22 U.S.C. 1971

et seq.) is further amended by adding at the end the following:

‘‘SEC. 12. (a) If the Secretary of State finds that the government of any nation imposes conditions on the operation or transit of

United States fishing vessels which the United States regards as

being inconsistent with international law or an international agreement, the Secretary of State shall certify that fact to the President. ‘‘(b) Upon receipt of a certification under subsection (a), the

President shall direct the heads of Federal agencies to impose

similar conditions on the operation or transit of fishing vessels

registered under the laws of the nation which has imposed conditions on United States fishing vessels. ‘‘(c) For the purposes of this section, the term ‘fishing vessel’ has the meaning given that term in section 2101(11a) of title

46, United States Code.

‘‘(d) It is the sense of the Congress that any action taken by any Federal agency under subsection (b) should be commensurate

with any conditions certified by the Secretary of State under subsection (a).’’.

(c) Notwithstanding any other provision of law, the Secretary of State shall reimburse the owner of any vessel of the United

States for costs incurred due to the seizure of such vessel in 1994

by Canada on the basis of a claim to jurisdiction over sedentary

species which was not recognized by the United States at the

time of such seizure. Any such reimbursement shall cover, in addition to amounts reimbursable under section 3 of the Fishermen’s

Protective Act of 1967 (22 U.S.C. 1973), legal fees and travel costs

incurred by the owner of any such vessel that were necessary

to secure the prompt release of the vessel and crew. Total reimbursements under this subsection may not exceed $25,000 and may

be made available from the unobligated balances of previously

appropriated funds remaining in the Fishermen’s Protective Fund

established under section 9 of the Fishermen’s Protective Act (22

U.S.C. 1979).

SEC. 403. REAUTHORIZATION.

(a) Section 7(c) of the Fishermen’s Protective Act of 1967 (22

U.S.C. 1977(c)) is amended by striking the third sentence.

(b) Section 7(e) of the Fishermen’s Protective Act of 1967 (22

U.S.C. 1977(e)) is amended by striking ‘‘October 1, 1993’’ and inserting ‘‘October 1, 2000’’.

SEC. 404. TECHNICAL CORRECTIONS.

(a)(1) Section 15(a) of Public Law 103–238 is amended by

striking ‘‘April 1, 1994,’’ and inserting ‘‘May 1, 1994.’’.

16 USC 1383a.

President.

Certification.

22 USC 1980b.

Claims.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 391

(2) The amendment made by paragraph (1) shall be effective

on and after April 30, 1994.

(b) Section 803(13)(C) of Public Law 102–567 (16 U.S.C.

5002(13)(C)) is amended to read as follows:

‘‘(C) any vessel supporting a vessel described in subparagraph (A) or (B).’’.

TITLE V—FISHERIES ENFORCEMENT IN CENTRAL SEA OF

OKHOTSK

SEC. 501. SHORT TITLE.

This title may be cited as the ‘‘Sea of Okhotsk Fisheries Enforcement Act of 1995’’.

SEC. 502. FISHING PROHIBITION.

(a) ADDITION OF CENTRAL SEA OF OKHOTSK.—Section 302 of

the Central Bering Sea Fisheries Enforcement Act of 1992 (16

U.S.C. 1823 note) is amended by inserting ‘‘and the Central Sea

of Okhotsk’’ after ‘‘Central Bering Sea’’.

(b) DEFINITION.—Section 306 of such Act is amended—

(1) by redesignating paragraphs (2), (3), (4), (5), and (6)

as paragraphs (3), (4), (5), (6), and (7), respectively; and

(2) by inserting after paragraph (1) the following:

‘‘(2) CENTRAL SEA OF OKHOTSK.—The term ‘Central Sea

of Okhotsk’ means the Central Sea of Okhotsk area which

is more than two hundred nautical miles seaward of the baseline from which the breadth of the territorial sea of the Russian

Federation is measured.’’.

TITLE VI—DRIFTNET MORATORIUM

SEC. 601. SHORT TITLE.

This title may be cited as the ‘‘High Seas Driftnet Fishing

Moratorium Protection Act’’.

SEC. 602. FINDINGS.

The Congress finds that—

(1) Congress has enacted and the President has signed

into law numerous Acts to control or prohibit large-scale

driftnet fishing both within the jurisdiction of the United States

and beyond the exclusive economic zone of any nation, including

the Driftnet Impact Monitoring, Assessment, and Control Act

of 1987 (title IV, Public Law 100–220), the Driftnet Act Amendments of 1990 (Public Law 101–627), and the High Seas

Driftnet Fisheries Enforcement Act (title I, Public Law 102–

582);

(2) the United States is a party to the Convention for

the Prohibition of Fishing with Long Driftnets in the South

Pacific, also known as the Wellington Convention;

(3) the General Assembly of the United Nations has

adopted three resolutions and three decisions which established

and reaffirm a global moratorium on large-scale driftnet fishing

on the high seas, beginning with Resolution 44/225 in 1989

and most recently in Decision 48/445 in 1993;

(4) the General Assembly of the United Nations adopted

these resolutions and decisions at the request of the United

States and other concerned nations;

16 USC 1826d

note.

16 USC 1801

note.

High Seas

Driftnet Fishing

Moratorium

Protection Act.

16 USC 1823

note.

16 USC 1823

note.

Sea of Okhotsk

Fisheries

Enforcement Act

of 1995.

Effective date.

16 USC 1383a

note.
109 STAT. 392 PUBLIC LAW 104–43—NOV. 3, 1995

(5) the best scientific information demonstrates the

wastefulness and potentially destructive impacts of large-scale

driftnet fishing on living marine resources and seabirds; and (6) Resolution 46/215 of the United Nations General Assembly calls on all nations, both individually and collectively, to

prevent large-scale driftnet fishing on the high seas.

SEC. 603. PROHIBITION.

The United States, or any agency or official acting on behalf

of the United States, may not enter into any international agreement with respect to the conservation and management of living

marine resources or the use of the high seas by fishing vessels

that would prevent full implementation of the global moratorium

on large-scale driftnet fishing on the high seas, as such moratorium

is expressed in Resolution 46/215 of the United Nations General

Assembly.

SEC. 604. NEGOTIATIONS.

The Secretary of State, on behalf of the United States, shall

seek to enhance the implementation and effectiveness of the United

Nations General Assembly resolutions and decisions regarding the

moratorium on large-scale driftnet fishing on the high seas through

appropriate international agreements and organizations.

SEC. 605. CERTIFICATION.

The Secretary of State shall determine in writing prior to

the signing or provisional application by the United States of any

international agreement with respect to the conservation and

management of living marine resources or the use of the high

seas by fishing vessels that the prohibition contained in section

603 will not be violated if such agreement is signed or provisionally

applied.

SEC. 606. ENFORCEMENT.

The President shall utilize appropriate assets of the Department of Defense, the United States Coast Guard, and other Federal

agencies to detect, monitor, and prevent violations of the United

Nations moratorium on large-scale driftnet fishing on the high

seas for all fisheries under the jurisdiction of the United States

and, in the case of fisheries not under the jurisdiction of the United

States, to the fullest extent permitted under international law.

TITLE VII—YUKON RIVER SALMON ACT

SEC. 701. SHORT TITLE.

This title may be cited as the ‘‘Yukon River Salmon Act of

1995’’.

SEC. 702. PURPOSES.

It is the purpose of this title—

(1) to implement the interim agreement for the conservation of salmon stocks originating from the Yukon River in

Canada agreed to through an exchange of notes between the

Government of the United States and the Government of Canada on February 3, 1995;

(2) to provide for representation by the United States on

the Yukon River Panel established under such agreement; and

16 USC 5701.

16 USC 5701

note.

Yukon River

Salmon Act of

1995.

International

agreements.

Canada.

President.

16 USC 1826g.

16 USC 1826f.

16 USC 1826e.

16 USC 1826d.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 393

(3) to authorize to be appropriated sums necessary to carry

out the responsibilities of the United States under such agreement.

SEC. 703. DEFINITIONS.

As used in this title—

(1) The term ‘‘Agreement’’ means the interim agreement

for the conservation of salmon stocks originating from the

Yukon River in Canada agreed to through an exchange of

notes between the Government of the United States and the

Government of Canada on February 3, 1995. (2) The term ‘‘Panel’’ means the Yukon River Panel established by the Agreement.

(3) The term ‘‘Yukon River Joint Technical Committee’’

means the technical committee established by paragraph C.2

of the Memorandum of Understanding concerning the Pacific

Salmon Treaty between the Government of the United States

and the Government of Canada recorded January 28, 1985.

SEC. 704. PANEL.

(a) REPRESENTATION.—The United States shall be represented

on the Panel by six individuals, of whom—

(1) one shall be an official of the United States Government

with expertise in salmon conservation and management;

(2) one shall be an official of the State of Alaska with

expertise in salmon conservation and management; and

(3) four shall be knowledgeable and experienced with

regard to the salmon fisheries on the Yukon River.

(b) APPOINTMENTS.—Panel members shall be appointed as follows:

(1) The Panel member described in subsection (a)(1) shall

be appointed by the Secretary of State.

(2) The Panel member described in subsection (a)(2) shall

be appointed by the Governor of Alaska.

(3) The Panel members described in subsection (a)(3) shall

be appointed by the Secretary of State from a list of at least

3 individuals nominated for each position by the Governor

of Alaska. The Governor of Alaska may consider suggestions

for nominations provided by organizations with expertise in

Yukon River salmon fisheries. The Governor of Alaska may

make appropriate nominations to allow for, and the Secretary

of State shall appoint, at least one member under subsection

(a)(3) who is qualified to represent the interests of Lower Yukon

River fishing districts, and at least one member who is qualified

to represent the interests of Upper Yukon River fishing districts. At least one of the Panel members under subsection

(a)(3) shall be an Alaska Native.

(c) ALTERNATES.—The Secretary of State may designate an

alternate Panel member for each Panel member the Secretary

appoints under subsections (b) (1) and (3), who meets the same

qualifications, to serve in the absence of the Panel member. The

Governor of the State of Alaska may designate an alternative Panel

member for the Panel member appointed under subsection (b)(2),

who meets the same qualifications, to serve in the absence of

that Panel member.

(d) TERM LENGTH.—Panel members and alternate Panel members shall serve four-year terms. Any individual appointed to fill

Alaska.

16 USC 5703.

16 USC 5702.
109 STAT. 394 PUBLIC LAW 104–43—NOV. 3, 1995

a vacancy occurring before the expiration of any term shall be

appointed for the remainder of that term.

(e) REAPPOINTMENT.—Panel members and alternate Panel

members shall be eligible for reappointment. (f) DECISIONS.—Decisions by the United States section of the

Panel shall be made by the consensus of the Panel members

appointed under paragraphs (2) and (3) of subsection (a). (g) CONSULTATION.—In carrying out their functions under the

Agreement, Panel members may consult with such other interested

parties as they consider appropriate.

SEC. 705. ADVISORY COMMITTEE.

(a) APPOINTMENTS.—The Governor of Alaska may appoint an

Advisory Committee of not less than eight, but not more than

twelve, individuals who are knowledgeable and experienced with

regard to the salmon fisheries on the Yukon River. At least 2

of the Advisory Committee members shall be Alaska Natives. Members of the Advisory Committee may attend all meetings of the

United States section of the Panel, and shall be given the opportunity to examine and be heard on any matter under consideration

by the United States section of the Panel.

(b) COMPENSATION.—The members of such Advisory Committee

shall receive no compensation for their services.

(c) TERM LENGTH.—Advisory Committee members shall serve

two-year terms. Any individual appointed to fill a vacancy occurring

before the expiration of any term shall be appointed for the remainder of that term.

(d) REAPPOINTMENT.—Advisory Committee members shall be

eligible for reappointment.

SEC. 706. EXEMPTION.

The Federal Advisory Committee Act (5 U.S.C. App.) shall

not apply to the Panel, the Yukon River Joint Technical Committee,

or the Advisory Committee created under section 705 of this title.

SEC. 707. AUTHORITY AND RESPONSIBILITY.

(a) RESPONSIBLE MANAGEMENT ENTITY.—The State of Alaska

Department of Fish and Game shall be the responsible management

entity for the United States for the purposes of the Agreement.

(b) EFFECT OF DESIGNATION.—The designation under subsection

(a) shall not be considered to expand, diminish, or change the

management authority of the State of Alaska or the Federal Government with respect to fishery resources.

(c) RECOMMENDATIONS OF PANEL.—In addition to recommendations made by the Panel to the responsible management entities

in accordance with the Agreement, the Panel may make recommendations concerning the conservation and management of

salmon originating in the Yukon River to the Department of the

Interior, Department of Commerce, Department of State, North

Pacific Fishery Management Council, and other Federal or State

entities as appropriate. Recommendations by the Panel shall be

advisory in nature.

SEC. 708. CONTINUATION OF AGREEMENT.

In the event that the Treaty between Canada and the United

States of America concerning Pacific Salmon, signed at Ottawa,

January 28, 1985, terminates prior to the termination of the Agreement, and the functions of the Panel are assumed by the ‘‘Yukon

16 USC 5707.

Alaska.

16 USC 5706.

16 USC 5705.

Alaska.

16 USC 5704.
PUBLIC LAW 104–43—NOV. 3, 1995 109 STAT. 395

River Salmon Commission’’ referenced in the Agreement, the provisions of this title which apply to the Panel shall thereafter apply

to the Yukon River Salmon Commission, and the other provisions

of this title shall remain in effect.

SEC. 709. ADMINISTRATIVE MATTERS.

(a) Panel members and alternate Panel members who are not

State or Federal employees shall receive compensation at the daily

rate of GS–15 of the General Schedule when engaged in the actual

performance of duties. (b) Travel and other necessary expenses shall be paid for all Panel members, alternate Panel members, United States members

of the Joint Technical Committee, and members of the Advisory

Committee when engaged in the actual performance of duties. (c) Except for officials of the United States Government, individ- uals described in subsection (b) shall not be considered to be Federal

employees while engaged in the actual performance of duties, except

for the purposes of injury compensation or tort claims liability

as provided in chapter 81 of title 5, United States Code, and

chapter 71 of title 28, United States Code.

SEC. 710. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $4,000,000 for each

fiscal year for carrying out the purposes and provisions of the

Agreement and this title including— (1) necessary travel expenses of Panel members, alternate Panel members, United States members of the Joint Technical

Committee, and members of the Advisory Committee in accordance with Federal Travel Regulations and sections 5701, 5702,

5704 through 5708, and 5731 of title 5, United States Code; (2) the United States share of the joint expenses of the Panel and the Joint Technical Committee: Provided, That Panel

members and alternate Panel members shall not, with respect

to commitments concerning the United States share of the

joint expenses, be subject to section 262(b) of title 22, United

States Code, insofar as it limits the authority of United States

representatives to international organizations with respect to

such commitments;

(3) not more than $3,000,000 for each fiscal year to the Department of the Interior and to the Department of Commerce

for survey, restoration, and enhancement activities related to

Yukon River salmon; and

(4) $400,000 in each of fiscal years 1996, 1997, 1998, and 1999 to be contributed to the Yukon River Restoration and

Enhancement Fund and used in accordance with the Agreement.

TITLE VIII—MISCELLANEOUS

SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C.

973g) is amended by adding at the end thereof the following: ‘‘(h) Notwithstanding the requirements of— ‘‘(1) section 1 of the Act of August 26, 1983 (97 Stat. 587; 46 U.S.C. 12108);

‘‘(2) the general permit issued on December 1, 1980, to the American Tunaboat Association under section 104(h)(1) of

the Marine Mammal Protection Act (16 U.S.C. 1374(h)(1)); and

Dolphins.

Marine

mammals.

16 USC 5709.

16 USC 5708.
109 STAT. 396 PUBLIC LAW 104–43—NOV. 3, 1995

LEGISLATIVE HISTORY—H.R. 716 (S. 267):

HOUSE REPORTS: No. 104–47 (Comm. on Resources).

SENATE REPORTS: No. 104–91 accompanying S. 267 (Comm. on Commerce,

Science, and Transportation).

CONGRESSIONAL RECORD, Vol. 141 (1995):

Apr. 3, considered and passed House.

June 30, considered and passed Senate, amended, in lieu of S. 267.

Oct. 25, House concurred in Senate amendment.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):

Nov. 3, Presidential statement.

Æ

‘‘(3) sections 104(h)(2) and 306(a) of the Marine Mammal

Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))—

any vessel documented under the laws of the United States as

of the date of enactment of the Fisheries Act of 1995 for which

a license has been issued under subsection (a) may fish for tuna

in the Treaty Area, including those waters subject to the jurisdiction

of the United States in accordance with international law, subject

to the provisions of the treaty and this Act, provided that no

such vessel fishing in the Treaty Area intentionally deploys a purse

seine net to encircle any dolphin or other marine mammal in

the course of fishing under the provisions of the Treaty or this

Act.’’.

SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC

MACKEREL.

Notwithstanding any other provision of law—

(1) no allocation may be made to any foreign nation or

vessel under section 201 of the Magnuson Fishery Conservation

and Management Act (16 U.S.C. 1801 et seq.) in any fishery

for which there is not a fishery management plan implemented

in accordance with that Act; and

(2) the Secretary of Commerce may not approve the portion

of any permit application submitted under section 204(b) of

the Act which proposes fishing by a foreign vessel for Atlantic

mackerel or Atlantic herring unless—

(A) the appropriate regional fishery management council recommends under section 204(b)(5) of that Act that

the Secretary approve such fishing, and

(B) the Secretary of Commerce includes in the permit

any conditions or restrictions recommended by the appropriate regional fishery management council with respect

to such fishing.

Approved November 3, 1995.

16 USC 1821

note.