II

103D CONGRESS

1ST SESSION H. R. 3188

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on Commerce, Science,

and Transportation

AN ACT

To prohibit fishing in the Central Sea of Okhotsk, and for

other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 TITLE I—FISHERIES ENFORCE4 MENT IN CENTRAL SEA OF

5 OKHOTSK

6 SEC. 101. SHORT TITLE.

7 This title may be cited as the ‘‘Sea of Okhotsk Fish8 eries Enforcement Act of 1993’’.

9 SEC. 102. FISHING PROHIBITION.

10 The Central Bering Sea Fisheries Enforcement Act

11 of 1992 (16 U.S.C. 1823 note) is amended—
2

•HR 3188 RFS

1 (1) in section 302, by inserting ‘‘and the

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

3 Sea’’; and

4 (2) in section 306—

5 (A) by redesignating paragraphs (2), (3),

6 (4), (5), and (6) in order as paragraphs (3),

7 (4), (5), (6), and (7); and

8 (B) by inserting after paragraph (1) the

9 following:

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

11 ‘Central Sea of Okhotsk’ means the central Sea of

12 Okhotsk area which is more than two hundred nau13 tical miles seaward of the baseline from which the

14 breadth of the territorial sea of the Russian Federa15 tion is measured.’’.

16 TITLE II—IMPLEMENTATION OF

17 CONVENTION ON FUTURE

18 MULTILATERAL COOPERA19 TION IN THE NORTHWEST AT20 LANTIC FISHERIES

21 SEC. 201. SHORT TITLE.

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

23 Fisheries Convention Act of 1993’’.
3

•HR 3188 RFS

1 SEC. 202. REPRESENTATION OF UNITED STATES UNDER

2 CONVENTION.

3 (a) COMMISSIONERS.—

4 (1) APPOINTMENTS, GENERALLY.—The Sec5 retary shall appoint not more than three individuals

6 to serve as the representatives of the United States

7 on the General Council and the Fisheries Commis8 sion, who shall each—

9 (A) be known as a ‘‘United States Com10 missioner to the Northwest Atlantic Fisheries

11 Organization’’; and

12 (B) serve at the pleasure of the Secretary.

13 (2) REQUIREMENTS FOR APPOINTMENTS.—

14 (A) The Secretary shall ensure that of the

15 individuals serving as Commissioners—

16 (i) at least one is appointed from

17 among representatives of the commercial

18 fishing industry; and

19 (ii) one (but no more than one) is an

20 official of the Government.

21 (B) The Secretary may not appoint as a

22 Commissioner an individual unless the individ23 ual is knowledgeable and experienced concern24 ing the fishery resources to which the Conven25 tion applies.

26 (3) TERMS.—
4

•HR 3188 RFS

1 (A) The term of an individual appointed as

2 a Commissioner—

3 (i) shall be specified by the Secretary

4 at the time of appointment; and

5 (ii) may not exceed four years.

6 (B) An individual who is not a Government

7 official may not serve more than two consecu8 tive terms as a Commissioner.

9 (b) ALTERNATE COMMISSIONERS.—

10 (1) APPOINTMENT.—The Secretary may, for

11 any anticipated absence of a duly appointed Com12 missioner at a meeting of the General Council or the

13 Fisheries Commission, designate an individual to

14 serve as an Alternate Commissioner.

15 (2) FUNCTIONS.—An Alternate Commissioner

16 may exercise all powers and perform all duties of the

17 Commissioner for whom the Alternate Commissioner

18 is designated, at any meeting of the General Council

19 or the Fisheries Commission for which the Alternate

20 Commissioner is designated.

21 (c) REPRESENTATIVES.—

22 (1) APPOINTMENT.—The Secretary shall ap23 point not more than three individuals to serve as the

24 representatives of the United States on the Scientific

25 Council, who shall each be known as a ‘‘United
5

•HR 3188 RFS

1 States Representative to the Northwest Atlantic

2 Fisheries Organization Scientific Council’’.

3 (2) ELIGIBILITY FOR APPOINTMENT.—

4 (A) The Secretary may not appoint an in5 dividual as a Representative unless the individ6 ual is knowledgeable and experienced concern7 ing the scientific issues dealt with by the Sci8 entific Council.

9 (B) The Secretary shall appoint as a Rep10 resentative at least one individual who is an of11 ficial of the Government.

12 (3) TERM.—An individual appointed as a Rep13 resentative—

14 (A) shall serve for a term of not to exceed

15 four years, as specified by the Secretary at the

16 time of appointment;

17 (B) may be reappointed; and

18 (C) shall serve at the pleasure of the Sec19 retary.

20 (d) ALTERNATE REPRESENTATIVES.—

21 (1) APPOINTMENT.—The Secretary may, for

22 any anticipated absence of a duly appointed Rep23 resentative at a meeting of the Scientific Council,

24 designate an individual to serve as an Alternate Rep25 resentative.
6

•HR 3188 RFS

1 (2) FUNCTIONS.—An Alternate Representative

2 may exercise all powers and perform all duties of the

3 Representative for whom the Alternate Representa4 tive is designated, at any meeting of the Scientific

5 Council for which the Alternate Representative is

6 designated.

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

8 Alternate Commissioners, Representatives, and Alternate

9 Representatives may be accompanied at meetings of the

10 Organization by experts and advisers.

11 (f) COORDINATION AND CONSULTATION.—

12 (1) IN GENERAL.—In carrying out their func13 tions under the Convention, Commissioners, Alter14 nate Commissioners, Representatives, and Alternate

15 Representatives shall—

16 (A) coordinate with the appropriate Re17 gional Fishery Management Councils estab18 lished by section 302 of the Magnuson Act (16

19 U.S.C. 1852); and

20 (B) consult with the committee established

21 under section 209.

22 (2) RELATIONSHIP TO OTHER LAW.—The Fed23 eral Advisory Committee Act (5 U.S.C. App.) shall

24 not apply to coordination and consultations under

25 this subsection.
7

•HR 3188 RFS

1 SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

2 (a) RESTRICTION.—The Representatives may not

3 make a request or specification described in subsection

4 (b)(1) or (2), respectively, unless the Representatives have

5 first—

6 (1) consulted with the appropriate Regional

7 Fishery Management Councils; and

8 (2) received the consent of the Commissioners

9 for that action.

10 (b) REQUESTS AND TERMS OF REFERENCE DE11 SCRIBED.—The requests and specifications referred to in

12 subsection (a) are, respectively—

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

14 Convention, that the Scientific Council consider and

15 report on a question pertaining to the scientific basis

16 for the management and conservation of fishery re17 sources in waters under the jurisdiction of the

18 United States within the Convention Area; and

19 (2) any specification, under Article VIII(2) of

20 the Convention, of the terms of reference for the

21 consideration of a question referred to the Scientific

22 Council pursuant to Article VII(1) of the Conven23 tion.
8

•HR 3188 RFS

1 SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RE2 SPECT TO CONVENTION.

3 The Secretary of State may, on behalf of the Govern4 ment of the United States—

5 (1) receive and transmit reports, requests, rec6 ommendations, proposals, and other communications

7 of and to the Organization and its subsidiary or8 gans;

9 (2) object, or withdraw an objection, to the pro10 posal of the Fisheries Commission;

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

12 bound by a measure of the Fisheries Commission;

13 (4) object or withdraw an objection, to an

14 amendment to the convention; and

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

16 authority, any other communication referred to in

17 paragraph (1).

18 SEC. 205. INTERAGENCY COOPERATION.

19 (a) AUTHORITIES OF SECRETARY.—In carrying out

20 the provisions of the Convention and this title, the Sec21 retary may arrange for cooperation with other agencies of

22 the United States, the States, the New England Fishery

23 Management Council, and private institutions and organi24 zations.

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

26 agency may—
9

•HR 3188 RFS

1 (1) cooperate in the conduct of scientific and

2 other programs, and furnish facilities and personnel,

3 for the purposes of assisting the Organization in

4 carrying out its duties under the Convention; and

5 (2) accept reimbursement from the Organiza6 tion for providing such services, facilities, and per7 sonnel.

8 SEC. 206. RULEMAKING.

9 The Secretary shall promulgate regulations as may

10 be necessary to carry out the purposes and objectives of

11 the Convention and this title. Any such regulation may

12 be made applicable, as necessary, to all persons and all

13 vessels subject to the jurisdiction of the United States,

14 wherever located.

15 SEC. 207. PROHIBITED ACTS AND PENALTIES.

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

17 vessel that is subject to the jurisdiction of the United

18 States—

19 (1) to violate any regulation issued under this

20 title or any measure that is legally binding on the

21 United States under the Convention;

22 (2) to refuse to permit any authorized enforce23 ment officer to board a fishing vessel that is subject

24 to the person’s control for purposes of conducting

25 any search or inspection in connection with the en-
10

•HR 3188 RFS

1 forcement of this title, any regulation issued under

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

3 the United States under the Convention;

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

5 intimidate, or interfere with any authorized enforce6 ment officer in the conduct of any search or inspec7 tion described in paragraph (2);

8 (4) to resist a lawful arrest for any act prohib9 ited by this section;

10 (5) to ship, transport, offer for sale, sell, pur11 chase, import, export, or have custody, control, or

12 possession of, any fish taken or retained in violation

13 of this section; or

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

15 means, the apprehension or arrest of another person,

16 knowing that the other person has committed an act

17 prohibited by this section.

18 (b) CIVIL PENALTY.—Any person who commits any

19 act that is unlawful under subsection (a) shall be liable

20 to the United States for a civil penalty, or may be subject

21 to a permit sanction, under section 308 of the Magnuson

22 Act (16 U.S.C. 1858).

23 (c) CRIMINAL PENALTY.—Any person who commits

24 an act that is unlawful under paragraph (2), (3), (4), or

25 (6) of subsection (a) shall be guilty of an offense punish-
11

•HR 3188 RFS

1 able under section 309(b) of the Magnuson Act (16 U.S.C.

2 1859(b)).

3 (d) CIVIL FORFEITURE.—

4 (1) IN GENERAL.—Any vessel (including its

5 gear, furniture, appurtenances, stores, and cargo)

6 used in the commission of an act that is unlawful

7 under subsection (a), and any fish (or the fair mar8 ket value thereof) taken or retained, in any manner,

9 in connection with or as a result of the commission

10 of any act that is unlawful under subsection (a),

11 shall be subject to seizure and forfeiture as provided

12 in section 310 of the Magnuson Act (16 U.S.C.

13 1860).

14 (2) DISPOSAL OF FISH.—Any fish seized pursu15 ant to this title may be disposed of pursuant to the

16 order of a court of competent jurisdiction or, if per17 ishable, in a manner prescribed by regulations issued

18 by the Secretary.

19 (e) ENFORCEMENT.—The Secretary and the Sec20 retary of the Department in which the Coast Guard is op21 erating shall enforce the provisions of this title and shall

22 have the authority specified in sections 311 (a), (b)(1),

23 and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1),

24 and (c)) for that purpose.
12

•HR 3188 RFS

1 (f) JURISDICTION OF COURTS.—The district courts

2 of the United States shall have exclusive jurisdiction over

3 any case or controversy arising under this section and

4 may, at any time—

5 (1) enter restraining orders or prohibitions;

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

7 process;

8 (3) prescribe and accept satisfactory bonds or

9 other security; and

10 (4) take such other actions as are in the inter11 ests of justice.

12 SEC. 208. UNITED STATES–CANADA FISHERY MANAGEMENT

13 AGREEMENT.

14 (a) NEGOTIATIONS.—Not later than 180 days after

15 the date of enactment of this Act, the Secretary of State,

16 in consultation with the Secretary of Commerce and the

17 Committee established under section 209, is authorized

18 and encouraged to initiate negotiations with the Govern19 ment of Canada for the purpose of entering into an inter20 national fishery agreement with Canada for the conserva21 tion and management of fisheries of mutual concern in

22 the Northwest Atlantic Ocean, with particular emphasis

23 on transboundary stocks of groundfish and ensuring the

24 success of New England groundfish restoration efforts

25 pursuant to the Magnuson Act.
13

•HR 3188 RFS

1 (b) CONTENTS OF AGREEMENT.—An agreement en2 tered into pursuant to this section shall—

3 (1) provide for timely and periodic exchanges of

4 scientific information relating to the conservation

5 and management of fisheries stocks of mutual con6 cern;

7 (2) provide for routine meetings between the of8 ficials of the United States and Canada responsible

9 for the conservation and management of fisheries;

10 (3) establish procedures for the identification of

11 conservation and management measures that would

12 be mutually beneficial; and

13 (4) identify procedures for the implementation

14 within each country of conservation and manage15 ment measures identified as mutually beneficial.

16 (c) APPLICATION OF EXISTING LAW.—An agreement

17 entered into pursuant to this section shall be subject to

18 section 203 of the Magnuson Act (16 U.S.C. 1823).

19 (d) LETTER.—Not later than one year after the date

20 of enactment of this Act, and annually thereafter until the

21 effective date of an agreement entered into pursuant to

22 this section, the Secretary of State shall transmit to the

23 Congress a letter describing activities of the Secretary

24 under this section.
14

•HR 3188 RFS

1 SEC. 209. CONSULTATIVE COMMITTEE.

2 (a) ESTABLISHMENT.—The Secretary of State and

3 the Secretary of Commerce, shall jointly establish a con4 sultative committee to advise the Secretaries on issues re5 lated to the Convention and in the development and imple6 mentation of a fishery agreement pursuant to section 208.

7 (b) MEMBERSHIP.—(1) The membership of the Com8 mittee shall include representatives from the New England

9 Fishery Management Council, the States represented on

10 that Council, the Atlantic States Marine Fisheries Com11 mission, the fishing industry, the seafood processing in12 dustry, and others knowledgeable and experienced in the

13 conservation and management of fisheries in the North14 west Atlantic Ocean.

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

16 the consultative committee shall serve for a term of two

17 years and shall be eligible for reappointment.

18 (c) DUTIES OF THE COMMITTEE.—

19 (1) NORTHWEST ATLANTIC FISHERIES ORGANI20 ZATION.—Members of the consultative committee

21 may attend—

22 (A) all public meetings of the General

23 Council or the Fisheries Commission;

24 (B) any other meetings to which they are

25 invited by the General Council or the Fisheries

26 Commission; and
15

•HR 3188 RFS

1 (C) all nonexecutive meetings of the

2 United States Commissioners.

3 (2) UNITED STATES-CANADA FISHERIES MAN4 AGEMENT AGREEMENT.—Members of the consult5 ative committee shall advise the Secretaries on any

6 agreements established under section 208.

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

8 Advisory Committee Act (5 U.S.C. App.) shall not apply

9 to the consultative committee established under this

10 section.

11 SEC. 210. ADMINISTRATIVE MATTERS.

12 (a) PROHIBITION ON COMPENSATION.—A person

13 shall not receive any compensation from the Government

14 by reason of any service of the person as—

15 (1) a Commissioner, Alternate Commissioner,

16 Representative, or Alternative Representative;

17 (2) an expert or adviser authorized under sec18 tion 202(e); or

19 (3) a member of the consultative committee es20 tablished by section 209.

21 (b) TRAVEL AND EXPENSES.—The Secretary of

22 State shall, subject to the availability of appropriations,

23 pay all necessary travel and other expenses of persons de24 scribed in subsection (a)(1) and of not more than six ex25 perts and advisers authorized under section 202(e) with
16

•HR 3188 RFS

1 respect to their actual performance of their official duties

2 pursuant to this title, in accordance with the Federal

3 Travel Regulations and sections 5701, 5702, 5704

4 through 5708, and 5731 of title 5, United States Code.

5 (c) STATUS AS FEDERAL EMPLOYEES.—A person

6 shall not be considered to be a Federal employee by reason

7 of any service of the person in a capacity described in sub8 section (a), except for purposes of injury compensation

9 and tort claims liability under chapter 81 of title 5, United

10 States Code, and chapter 17 of title 28, United States

11 Code, respectively.

12 SEC. 211. DEFINITIONS.

13 In this title the following definitions apply:

14 (1) AUTHORIZED ENFORCEMENT OFFICER.—

15 The term ‘‘authorized enforcement officer’’ means a

16 person authorized to enforce this title, any regula17 tion issued under this title, or any measure that is

18 legally binding on the United States under the Con19 vention.

20 (2) COMMISSIONER.—The term ‘‘Commis21 sioner’’ means a United States Commissioner to the

22 Northwest Atlantic Fisheries Organization appointed

23 under section 202(a).

24 (3) CONVENTION.—The term ‘‘Convention’’

25 means the Convention on Future Multilateral Co-
17

•HR 3188 RFS

1 operation in the Northwest Atlantic Fisheries, done

2 at Ottawa on October 24, 1978.

3 (4) FISHERIES COMMISSION.—The term ‘‘Fish4 eries Commission’’ means the Fisheries Commission

5 provided for by Articles II, XI, XII, XIII, and XIV

6 of the Convention.

7 (5) GENERAL COUNCIL.—The term ‘‘General

8 Council’’ means the General Council provided for by

9 Article II, III, IV, and V of the Convention.

10 (6) MAGNUSON ACT.—The term ‘‘Magnuson

11 Act’’ means the Magnuson Fishery Conservation and

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

13 (7) ORGANIZATION.—The term ‘‘Organization’’

14 means the Northwest Atlantic Fisheries Organiza15 tion provided for by Article II of the Convention.

16 (8) PERSON.—The term ‘‘person’’ means any

17 individual (whether or not a citizen or national of

18 the United States), and any corporation, partner19 ship, association, or other entity (whether or not or20 ganized or existing under the laws of any State).

21 (9) REPRESENTATIVE.—The term ‘‘Representa22 tive’’ means a United States Representative to the

23 Northwest Atlantic Fisheries Scientific Council ap24 pointed under section 202(c).
18

•HR 3188 RFS

1 (10) SCIENTIFIC COUNCIL.—The term ‘‘Sci2 entific Council’’ means the Scientific Council pro3 vided for by Articles II, VI, VII, VIII, IX, and X of

4 the Convention.

5 (11) SECRETARY.—The term ‘‘Secretary’’

6 means the Secretary of Commerce.

7 SEC. 212. AUTHORIZATION OF APPROPRIATIONS.

8 There are authorized to be appropriated to carry out

9 this title, including use for payment as the United States

10 contribution to the Organization as provided in Article

11 XVI of the Convention, $500,000 for each of the fiscal

12 years 1994, 1995, and 1996.

Passed the House of Representatives November 2,

1993.

Attest:

Clerk.

HR 3188 RFS——2