Calendar No. 119

104TH CONGRESS

1ST SESSION S. 267

[Report No. 104–91]

A BILL

To establish a system of licensing, reporting, and

on the high seas, and for other purposes.regulation for vessels of the United States fishing

MAY 26 (legislative day, MAY 15), 1995

Reported with amendments
II

Calendar No. 119

104TH CONGRESS

1ST SESSION S. 267

[Report No. 104–91]

To establish a system of licensing, reporting, and regulation for vessels of

the United States fishing on the high seas, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 24 (legislative day, JANUARY 10), 1995

Mr. STEVENS (for himself, Mr. KERRY, Mr. GORTON, Mrs. MURRAY, Mr.

MURKOWSKI, and Mr. BREAUX) introduced the following bill; which was

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

Transportation

MAY 26 (legislative day, MAY 15), 1995

Reported by Mr. PRESSLER, with amendments

[Omit the part struck through and insert the part printed in italic]

A BILL

To establish a system of licensing, reporting, and regulation

for vessels of the United States fishing on the high

seas, 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,
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1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fisheries Act of

3 1995’’.

4 SEC. 2. TABLE OF CONTENTS.

5 The table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—HIGH SEAS FISHERIES LICENSING

Sec. 101. Short title.

Sec. 102. Purpose.

Sec. 103. Definitions.

Sec. 104. Licensing.

Sec. 105. Responsibilities of the Secretary.

Sec. 106. Unlawful activities.

Sec. 107. Enforcement provisions.

Sec. 108. Civil penalties and license 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. Advisory committee procedures.

Sec. 304. Regulations.

Sec. 305. Fines and permit sanctions.

Sec. 306. Authorization of appropriations.

Sec. 307. Report and certification.

Sec. 308. Management of Yellowfin Tuna.

TITLE IV—FISHERMEN’S PROTECTIVE ACT
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Sec. 401. Findings.

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—GOVERNING INTERNATIONAL FISHERY AGREEMENT

Sec. 701. Agreement with Estonia.

1 TITLE I—HIGH SEAS FISHERIES

2 LICENSING

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘High Seas Fisheries

5 Licensing Act of 1995’’.

6 SEC. 102. PURPOSE.

7 It is the purpose of this Act—

8 (1) to implement the Agreement to Promote

9 Compliance with International Conservation and

10 Management Measures by Fishing Vessels on the

11 High Seas, adopted by the Conference of the Food

12 and Agriculture Organization of the United Nations

13 on November 24, 1993; and
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1 (2) to establish a system of licensing, reporting,

2 and regulation for vessels of the United States fish3 ing on the high seas.

4 SEC. 103. DEFINITIONS.

5 As used in this Act—

6 (1) The term ‘‘Agreement’’ means the Agree7 ment to Promote Compliance with International

8 Conservation and Management Measures by Fishing

9 Vessels on the High Seas, adopted by the Con10 ference of the Food and Agriculture Organization of

11 the United Nations on November 24, 1993.

12 (2) The term ‘‘FAO’’ means the Food and Ag13 riculture Organization of the United Nations.

14 (3) The term ‘‘high seas’’ means the waters be15 yond the territorial sea or exclusive economic zone

16 (or the equivalent) of any nation, to the extent that

17 such territorial sea or exclusive economic zone (or

18 the equivalent) is recognized by the United States.

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

20 any vessel of the United States used or intended for

21 use—

22 (A) on the high seas;

23 (B) for the purpose of the commercial ex24 ploitation of living marine resources; and
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1 (C) as a harvesting vessel, as a mother

2 ship, or as any other support vessel directly en3 gaged in a fishing operation.

4 (5) The term ‘‘international conservation and

5 management measures’’ means measures to conserve

6 or manage one or more species of living marine re7 sources that are adopted and applied in accordance

8 with the relevant rules of international law, as re9 flected in the 1982 United Nations Convention on

10 the Law of the Sea, and that are recognized by the

11 United States. Such measures may be adopted by

12 global, regional, or sub-regional fisheries organiza13 tions, subject to the rights and obligations of their

14 members, or by treaties or other international agree15 ments.

16 (6) The term ‘‘length’’ means —

17 (A) for any high seas fishing vessel built

18 after July 18, 1982, 96 percent of the total

19 length on a waterline at 85 percent of the least

20 molded depth measured from the top of the

21 keel, or the length from the foreside of the stem

22 to the axis of the rudder stock on that water23 line, if that is greater. In greater, except that in

24 ships designed with a rake of keel the waterline
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1 on which this length is measured shall be par2 allel to the designed waterline; and

3 (B) for any high seas fishing vessel built

4 before July 18, 1982, registered length as en5 tered on the vessel’s documentation.

6 (7) The term ‘‘person’’ means any individual

7 (whether or not a citizen or national of the United

8 States), any corporation, partnership, association, or

9 other entity (whether or not organized or existing

10 under the laws of any State), and any Federal,

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

12 any such government.

13 (8) The term ‘‘Secretary’’ means the Secretary

14 of Commerce.

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

16 means—

17 (A) a vessel documented under chapter

18 121 of title 46, United States Code, or num19 bered in accordance with chapter 123 of title

20 46, United States Code;

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

22 (i) the United States or a territory,

23 commonwealth, or possession of the United

24 States;
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1 (ii) a State or political subdivision

2 thereof;

3 (iii) a citizen or national of the United

4 States; or

5 (iv) a corporation created under the

6 laws of the United States or any State, the

7 District of Columbia, or any territory,

8 commonwealth, or possession of the United

9 States; unless the vessel has been granted

10 the nationality of a foreign nation in ac11 cordance with article 92 of the 1982 Unit12 ed Nations Convention on the Law of the

13 Sea and a claim of nationality or registry

14 for the vessel is made by the master or in15 dividual in charge at the time of the en16 forcement action by an officer or employee

17 of the United States authorized to enforce

18 applicable provisions of the United States

19 law; and

20 (C) a vessel that was once documented

21 under the laws of the United States and, in vio22 lation of the laws of the United States, was ei23 ther sold to a person not a citizen of the United

24 States or placed under foreign registry or a for-
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1 eign flag, whether or not the vessel has been

2 granted the nationality of a foreign nation.

3 (10) The terms ‘‘vessel subject to the jurisdic4 tion of the United States’’ and ‘‘vessel without na5 tionality’’ have the same meaning as in section

6 1903(c) of title 46, United States Code Appendix.

7 3(c) of the Maritime Drug Law Enforcement Act (46

8 U.S.C. App. 1903(c)).

9 SEC. 104. LICENSING.

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

11 engage in harvesting operations on the high seas unless

12 the vessel has on board a valid license issued under this

13 section.

14 (b) ELIGIBILITY.—

15 (1) Any vessel of the United States is eligible

16 to receive a license under this section, unless the

17 vessel was previously authorized to be used for fish18 ing on the high seas by a foreign nation, and

19 (A) the foreign nation suspended such au20 thorization because the vessel undermined the

21 effectiveness of international conservation and

22 management measures, and the suspension has

23 not expired; or

24 (B) the foreign nation, within the last

25 three years preceding application for a license
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1 under this section, withdrew such authorization

2 because the vessel undermined the effectiveness

3 of international conservation and management

4 measures.

5 (2) The restriction in paragraph (1) does not

6 apply if ownership of the vessel has changed since

7 the vessel undermined the effectiveness of inter8 national conservation and management measures,

9 and the new owner has provided sufficient evidence

10 to the Secretary demonstrating that the previous

11 owner or operator has no further legal, beneficial or

12 financial interest in, or control of, the vessel.

13 (3) The restriction in paragraph (1) does not

14 apply if the Secretary makes a determination that

15 issuing a license would not subvert the purposes of

16 the Agreement.

17 (4) The Secretary may not issue a license to a

18 vessel unless the Secretary is satisfied that the

19 United States will be able to exercise effectively its

20 responsibilities under the Agreement with respect to

21 that vessel.

22 (c) APPLICATION.—

23 (1) The owner or operator of a high seas fish24 ing vessel may apply for a license under this section
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1 by completing an application form prescribed by the

2 Secretary.

3 (2) The application form shall contain—

4 (A) the vessel’s name, previous names (if

5 known), official numbers, and port of record;

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

7 (C) the vessel’s International Radio Call

8 Sign (if any);

9 (D) the names and addresses of the ves10 sel’s owners and operators;

11 (E) where and when the vessel was built;

12 (F) the type of vessel;

13 (G) the vessel’s length; and

14 (H) any other information the Secretary

15 requires for the purposes of implementing the

16 Agreement.

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

18 conditions and restrictions on each license issued under

19 this section as are necessary and appropriate to carry out

20 the obligations of the United States under the Agreement,

21 including but not limited to the following:

22 (1) The vessel shall be marked in accordance

23 with the FAO Standard Specifications for the Mark24 ing and Identification of Fishing Vessels, or with

25 regulations issued under section 305 of the Magnu-
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1 son Fishery Conservation and Management Act (16

2 U.S.C. 1855); and

3 (2) The license holder shall report such infor4 mation as the Secretary by regulation requires, in5 cluding area of fishing operations and catch statis6 tics. The Secretary shall promulgate regulations con7 cerning conditions under which information submit8 ted under this paragraph may be released.

9 (e) FEES.—

10 (1) The Secretary shall by regulation establish

11 the level of fees to be charged for licenses issued

12 under this section. The amount of any fee charged

13 for a license issued under this section shall not ex14 ceed the administrative costs incurred in issuing

15 such licenses. The licensing fee may be in addition

16 to any fee required under any regional licensing re17 gime applicable to high seas fishing vessels.

18 (2) The fees authorized by paragraph (1) shall

19 be collected and credited to the Operations, Re20 search and Facilities account of the National Oce21 anic and Atmospheric Administration. Fees collected

22 under this subsection shall be available for the nec23 essary expenses of the National Oceanic and Atmos24 pheric Administration in implementing this Act, and

25 shall remain available until expended.
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1 (f) DURATION.—A license issued under this section

2 is valid for 5 years. A license issued under this section

3 is void in the event the vessel is no longer eligible for

4 United States documentation, such documentation is re5 voked or denied, or the vessel is deleted from such docu6 mentation.

7 SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

8 (a) RECORD.—The Secretary shall maintain an auto9 mated file or record of high seas fishing vessels issued li10 censes under section 104, including all information sub11 mitted under section 104(c)(2).

12 (b) INFORMATION TO FAO.—The Secretary, in co13 operation with the Secretary of State and the Secretary

14 of the department in which the Coast Guard is operating,

15 shall—

16 (1) make available to FAO information con17 tained in the record maintained under subsection

18 (a);

19 (2) promptly notify FAO of changes in such in20 formation;

21 (3) promptly notify FAO of additions to or de22 letions from the record, and the reason for any dele23 tion;

24 (4) convey to FAO information relating to any

25 license granted under section 104(b)(3), including
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1 the vessel’s identity, owner or operator, and factors

2 relevant to the Secretary’s determination to issue

3 the license;

4 (5) report promptly to FAO all relevant infor5 mation regarding any activities of high seas fishing

6 vessels that undermine the effectiveness of inter7 national conservation and management measures, in8 cluding the identity of the vessels and any sanctions

9 imposed; and

10 (6) provide the FAO a summary of evidence re11 garding any activities of foreign vessels that under12 mine the effectiveness of international conservation

13 and management measures.

14 (c) INFORMATION TO FLAG NATIONS.—If the Sec15 retary, in cooperation with the Secretary of State and the

16 Secretary of the department in which the Coast Guard is

17 operating, has reasonable grounds to believe that a foreign

18 vessel has engaged in activities undermining the effective19 ness of international conservation and management meas20 ures, the Secretary shall—

21 (1) provide to the flag nation information, in22 cluding appropriate evidentiary material, relating to

23 those activities; and

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

25 United States port, promptly notify the flag nation
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1 and, if requested by the flag nation, make arrange2 ments to undertake such lawful investigatory meas3 ures as may be considered necessary to establish

4 whether the vessel has been used contrary to the

5 provisions of the Agreement.

6 (d) REGULATIONS.—The Secretary, after consulta7 tion with the Secretary of State and the Secretary of the

8 department in which the Coast Guard is operating, may

9 promulgate such regulations, in accordance with section

10 553 of title 5, United States Code, as may be necessary

11 to carry out the purposes of the Agreement and this title.

12 The Secretary shall coordinate such regulations with any

13 other entities regulating high seas fishing vessels, in order

14 to minimize duplication of license application and report15 ing requirements. To the extent practicable, such regula16 tions shall also be consistent with regulations implement17 ing fishery management plans under the Magnuson Fish18 ery Conservation and Management Act (16 U.S.C. 1801

19 et seq.).

20 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

21 MANAGEMENT MEASURES.—The Secretary, in consulta22 tion with the Secretary of State, shall publish in the Fed23 eral Register, from time to time, a notice listing inter24 national conservation and management measures recog25 nized by the United States.
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1 SEC. 106. UNLAWFUL ACTIVITIES.

2 It is unlawful for any person subject to the jurisdic3 tion of the United States—

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

5 seas in contravention of international conservation

6 and management measures described in section

7 105(e);

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

9 seas, unless the vessel has on board a valid license

10 issued under section 104;

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

12 of the conditions or restrictions of a license issued

13 under section 104;

14 (4) to falsify any information required to be re15 ported, communicated, or recorded pursuant to this

16 title or any regulation issued under this title, or to

17 fail to submit in a timely fashion any required infor18 mation, or to fail to report to the Secretary imme19 diately any change in circumstances that has the ef20 fect of rendering any such information false, incom21 plete, or misleading;

22 (5) to refuse to permit an authorized officer to

23 board a high seas fishing vessel subject to such per24 son’s control for purposes of conducting any search

25 or inspection in connection with the enforcement of

26 this title or any regulation issued under this title;
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1 (6) to forcibly assault, resist, oppose, impede,

2 intimidate, or interfere with an authorized officer in

3 the conduct of any search or inspection described in

4 paragraph (5);

5 (7) to resist a lawful arrest or detention for any

6 act prohibited by this section;

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

8 means, the apprehension, arrest, or detection of an9 other person, knowing that such person has commit10 ted any act prohibited by this section;

11 (9) to ship, transport, offer for sale, sell, pur12 chase, import, export, or have custody, control, or

13 possession of, any living marine resource taken or

14 retained in violation of this title or any regulation or

15 license issued under this title; or

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

17 regulation or license issued under this title.

18 SEC. 107. ENFORCEMENT PROVISIONS.

19 (a) DUTIES OF SECRETARIES.—This title shall be en20 forced by the Secretary of Commerce and the Secretary

21 of the department in which the Coast Guard is operating.

22 Such Secretaries may by agreement utilize, on a reimburs23 able basis or otherwise, the personnel, services, equipment

24 (including aircraft and vessels), and facilities of any other

25 Federal agency, or of any State agency, in the perform-
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1 ance of such duties. Such Secretaries shall, and the head

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

3 agreement with either such Secretary under this section

4 may (if the agreement so provides), authorize officers to

5 enforce the provisions of this title or any regulation or li6 cense issued under this title.

7 (b) DISTRICT COURT JURISDICTION.—The district

8 courts of the United States shall have exclusive jurisdic9 tion over any case or controversy arising under the provi10 sions of this title. In the case of Guam, and any Common11 wealth, territory, or possession of the United States in the

12 Pacific Ocean, the appropriate court is the United States

13 District Court for the District of Guam, except that in

14 the case of American Samoa, the appropriate court is the

15 United States District Court for the District of Hawaii.

16 (c) POWERS OF ENFORCEMENT OFFICERS.—

17 (1) Any officer who is authorized under sub18 section (a) to enforce the provisions of this title

19 may—

20 (A) with or without a warrant or other

21 process—

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

23 reasonable cause to believe that such per24 son has committed an act prohibited by
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1 paragraph (6), (7), (8), or (9) of section

2 106;

3 (ii) board, and search or inspect, any

4 high seas fishing vessel;

5 (iii) seize any high seas fishing vessel

6 (together with its fishing gear, furniture,

7 appurtenances, stores, and cargo) used or

8 employed in, or with respect to which it

9 reasonably appears that such vessel was

10 used or employed in, the violation of any

11 provision of this title or any regulation or

12 license issued under this title;

13 (iv) seize any living marine resource

14 (wherever found) taken or retained, in any

15 manner, in connection with or as a result

16 of the commission of any act prohibited by

17 section 106;

18 (v) seize any other evidence related to

19 any violation of any provision of this title

20 or any regulation or license issued under

21 this title;

22 (B) execute any warrant or other process

23 issued by any court of competent jurisdiction;

24 and

25 (C) exercise any other lawful authority.
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1 (2) Subject to the direction of the Secretary, a

2 person charged with law enforcement responsibilities

3 by the Secretary who is performing a duty related

4 to enforcement of a law regarding fisheries or other

5 marine resources may make an arrest without a war6 rant for an offense against the United States com7 mitted in his presence, or for a felony cognizable

8 under the laws of the United States, if he has rea9 sonable grounds to believe that the person to be ar10 rested has committed or is committing a felony.

11 (d) ISSUANCE OF CITATIONS.—If any authorized offi12 cer finds that a high seas fishing vessel is operating or

13 has been operated in violation of any provision of this title,

14 such officer may issue a citation to the owner or operator

15 of such vessel in lieu of proceeding under subsection (c).

16 If a permit has been issued pursuant to this title for such

17 vessel, such officer shall note the issuance of any citation

18 under this subsection, including the date thereof and the

19 reason therefor, on the permit. The Secretary shall main20 tain a record of all citations issued pursuant to this sub21 section.

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

23 civil penalty for, or convicted of, any violation of this Act

24 shall be liable for the cost incurred in storage, care, and
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1 maintenance of any living marine resource or other prop2 erty seized in connection with the violation.

3 SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.

4 (a) CIVIL PENALTIES.—

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

6 after notice and opportunity for a hearing in accord7 ance with section 554 of title 5, United States Code,

8 to have committed an act prohibited by section 106

9 shall be liable to the United States for a civil pen10 alty. The amount of the civil penalty shall not exceed

11 $100,000 for each violation. Each day of a continu12 ing violation shall constitute a separate offense. The

13 amount of such civil penalty shall be assessed by the

14 Secretary by written notice. In determining the

15 amount of such penalty, the Secretary shall take

16 into account the nature, circumstances, extent, and

17 gravity of the prohibited acts committed and, with

18 respect to the violation, the degree of culpability,

19 any history of prior offenses, and such other matters

20 as justice may require.

21 (2) The Secretary may compromise, modify, or

22 remit, with or without conditions, any civil penalty

23 that is subject to imposition or that has been im24 posed under this section.

25 (b) LICENSE SANCTIONS.—
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1 (1) In any case in which—

2 (A) a vessel of the United States has been

3 used in the commission of an act prohibited

4 under section 106;

5 (B) the owner or operator of a vessel or

6 any other person who has been issued or has

7 applied for a license under section 104 has

8 acted in violation of section 106; or

9 (C) any amount in settlement of a civil for10 feiture imposed on a high seas fishing vessel or

11 other property, or any civil penalty or criminal

12 fine imposed on a high seas fishing vessel or on

13 an owner or operator of such a vessel or on any

14 other person who has been issued or has ap15 plied for a license under any fishery resource

16 statute enforced by the Secretary, has not been

17 paid and is overdue, the Secretary may—

18 (i) revoke any license issued to or ap19 plied for by such vessel or person under

20 this title, with or without prejudice to the

21 issuance of subsequent licenses;

22 (ii) suspend such license for a period

23 of time considered by the Secretary to be

24 appropriate;

25 (iii) deny such license; or
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1 (iv) impose additional conditions and

2 restrictions on such license.

3 (2) In imposing a sanction under this sub4 section, the Secretary shall take into account—

5 (A) the nature, circumstances, extent, and

6 gravity of the prohibited acts for which the

7 sanction is imposed; and

8 (B) with respect to the violator, the degree

9 of culpability, any history of prior offenses, and

10 such other matters as justice may require.

11 (3) Transfer of ownership of a high seas fishing

12 vessel, by sale or otherwise, shall not extinguish any

13 license sanction that is in effect or is pending at the

14 time of transfer of ownership. Before executing the

15 transfer of ownership of a vessel, by sale or other16 wise, the owner shall disclose in writing to the pro17 spective transferee the existence of any license sanc18 tion that will be in effect or pending with respect to

19 the vessel at the time of the transfer. The Secretary

20 may waive or compromise a sanction in the case of

21 a transfer pursuant to court order.

22 (4) In the case of any license that is suspended

23 under this subsection for nonpayment of a civil pen24 alty or criminal fine, the Secretary shall reinstate
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1 the license upon payment of the penalty or fine and

2 interest thereon at the prevailing rate.

3 (5) No sanctions shall be imposed under this

4 subsection unless there has been prior opportunity

5 for a hearing on the facts underlying the violation

6 for which the sanction is imposed, either in conjunc7 tion with a civil penalty proceeding under this sec8 tion or otherwise.

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

10 hearing under this section, the Secretary may issue sub11 poenas for the attendance and testimony of witnesses and

12 the production of relevant papers, books, and documents,

13 and may administer oaths. Witnesses summoned shall be

14 paid the same fees and mileage that are paid to witnesses

15 in the courts of the United States. In case of contempt

16 or refusal to obey a subpoena served upon any person pur17 suant to this subsection, the district court of the United

18 States for any district in which such person is found, re19 sides, or transacts business, upon application by the

20 United States and after notice to such person, shall have

21 jurisdiction to issue an order requiring such person to ap22 pear and give testimony before the Secretary or to appear

23 and produce documents before the Secretary, or both, and

24 any failure to obey such order of the court may be pun25 ished by such court as a contempt thereof.
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1 (d) JUDICIAL REVIEW.—Any person against whom a

2 civil penalty is assessed under subsection (a) or against

3 whose vessel a license sanction is imposed under sub4 section (b) (other than a license suspension for

5 nonpayment of penalty or fine) may obtain review thereof

6 in the United States district court for the appropriate dis7 trict by filing a complaint against the Secretary in such

8 court within 30 days from the date of such penalty or

9 sanction. The Secretary shall promptly file in such court

10 a certified copy of the record upon which such penalty or

11 sanction was imposed, as provided in section 2112 of title

12 28, United States Code. The findings and order of the

13 Secretary shall be set aside by such court if they are not

14 found to be supported by substantial evidence, as provided

15 in section 706(2) of title 5, United States Code.

16 (e) COLLECTION.—

17 (1) If any person fails to pay an assessment of

18 a civil penalty after it has become a final and

19 unappealable order, or after the appropriate court

20 has entered final judgment in favor of the Secretary,

21 the matter shall be referred to the Attorney General,

22 who shall recover the amount assessed in any appro23 priate district court of the United States. In such

24 action the validity and appropriateness of the final
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1 order imposing the civil penalty shall not be subject

2 to review.

3 (2) A high seas fishing vessel (including its

4 fishing gear, furniture, appurtenances, stores, and

5 cargo) used in the commission of an act prohibited

6 by section 106 shall be liable in rem for any civil

7 penalty assessed for such violation under subsection

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

9 court of the United States having jurisdiction there10 of. Such penalty shall constitute a maritime lien on

11 such vessel that may be recovered in an action in

12 rem in the district court of the United States having

13 jurisdiction over the vessel.

14 SEC. 109. CRIMINAL OFFENSES.

15 (a) OFFENSES.—A person is guilty of an offense if

16 the person commits any act prohibited by paragraph (6),

17 (7), (8), or (9) of section 106.

18 (b) PUNISHMENT.—Any offense described in sub19 section (a) is a class A misdemeanor punishable by a fine

20 under title 18, United States Code, or imprisonment for

21 not more than one year, or both; except that if in the com22 mission of any offense the person uses a dangerous weap23 on, engages in conduct that causes bodily injury to any

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

25 imminent bodily injury, the offense is a felony punishable
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1 by a fine under title 18, United States Code, or imprison2 ment for not more than 10 years, or both.

3 SEC. 110. FORFEITURES.

4 (a) IN GENERAL.—Any high seas fishing vessel (in5 cluding its fishing gear, furniture, appurtenances, stores,

6 and cargo) used, and any living marine resources (or the

7 fair market value thereof) taken or retained, in any man8 ner, in connection with or as a result of the commission

9 of any act prohibited by section 106 (other than an act

10 for which the issuance of a citation under section 107 is

11 a sufficient sanction) shall be subject to forfeiture to the

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

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

14 shall, be forfeited to the United States pursuant to a civil

15 proceeding under this section.

16 (b) JURISDICTION OF DISTRICT COURTS.—Any dis17 trict court of the United States shall have jurisdiction,

18 upon application of the Attorney General on behalf of the

19 United States, to order any forfeiture authorized under

20 subsection (a) and any action provided for under sub21 section (d).

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

23 United States in a civil forfeiture proceeding under this

24 section, the Attorney General may seize any property or

25 other interest declared forfeited to the United States,
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1 which has not previously been seized pursuant to this title

2 or for which security has not previously been obtained.

3 The provisions of the customs laws relating to—

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

5 property for violation of the customs law;

6 (2) the disposition of such property or the pro7 ceeds from the sale thereof; and

8 (3) the remission or mitigation of any such for9 feiture;

10 shall apply to seizures and forfeitures incurred, or alleged

11 to have been incurred, under the provisions of this title,

12 unless such provisions are inconsistent with the purposes,

13 policy, and provisions of this title.

14 (d) PROCEDURE.—

15 (1) Any officer authorized to serve any process

16 in rem that is issued by a court under section

17 107(b) shall—

18 (A) stay the execution of such process; or

19 (B) discharge any living marine resources

20 seized pursuant to such process;

21 upon receipt of a satisfactory bond or other security

22 from any person claiming such property. Such bond

23 or other security shall be conditioned upon such per24 son delivering such property to the appropriate court

25 upon order thereof, without any impairment of its
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1 value, or paying the monetary value of such property

2 pursuant to an order of such court. Judgment shall

3 be recoverable on such bond or other security

4 against both the principal and any sureties in the

5 event that any condition thereof is breached, as de6 termined by such court.

7 (2) Any living marine resources seized pursuant

8 to this title may be sold, subject to the approval of

9 the appropriate court, for not less than the fair mar10 ket value thereof. The proceeds of any such sale

11 shall be deposited with such court pending the dis12 position of the matter involved.

13 (e) REBUTTABLE PRESUMPTION.—For purposes of

14 this section, all living marine resources found on board

15 a high seas fishing vessel and which are seized in connec16 tion with an act prohibited by section 106 are presumed

17 to have been taken or retained in violation of this title,

18 but the presumption can be rebutted by an appropriate

19 showing of evidence to the contrary.

20 SEC. 111. EFFECTIVE DATE.

21 This title shall take effect 120 days after the date

22 of enactment of this Act.
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1 TITLE II—IMPLEMENTATION OF CONVEN2 TION ON FUTURE MULTILATERAL CO3 OPERATION IN THE NORTHWEST AT4 LANTIC FISHERIES

5 SEC. 201. SHORT TITLE.

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

7 Fisheries Convention Act of 1995’’.

8 SEC. 202. REPRESENTATION OF UNITED STATES UNDER

9 CONVENTION.

10 (a) COMMISSIONERS.—

11 (1) APPOINTMENTS, GENERALLY.—The Sec12 retary shall appoint not more than 3 individuals to

13 serve as the representatives of the United States on

14 the General Council and the Fisheries Commission,

15 who shall each—

16 (A) be known as a ‘‘United States Com17 missioner to the Northwest Atlantic Fisheries

18 Organization’’; and

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

20 (2) REQUIREMENTS FOR APPOINTMENTS.—

21 (A) The Secretary shall ensure that of the

22 individuals serving as Commissioners—

23 (i) at least 1 is appointed from among

24 representatives of the commercial fishing

25 industry;
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1 (ii) 1 (but no more than 1) is an offi2 cial of the Government; and

3 (iii) 1, other than the individual ap4 pointed under clause (ii), is a voting mem5 ber of the New England Fishery Manage6 ment Council.

7 (B) The Secretary may not appoint as a

8 Commissioner an individual unless the individ9 ual is knowledgeable and experienced concern10 ing the fishery resources to which the Conven11 tion applies.

12 (3) TERMS.—

13 (A) The term of an individual appointed as

14 a Commissioner—

15 (i) shall be specified by the Secretary

16 at the time of appointment; and

17 (ii) may not exceed 4 years.

18 (B) An individual who is not a Government

19 official may not serve more than 2 consecutive

20 terms as a Commissioner.

21 (b) ALTERNATE COMMISSIONERS.—

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

23 any anticipated absence of a duly appointed Com24 missioner at a meeting of the General Council or the
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1 Fisheries Commission, designate an individual to

2 serve as an Alternate Commissioner.

3 (2) FUNCTIONS.—An Alternate Commissioner

4 may exercise all powers and perform all duties of the

5 Commissioner for whom the Alternate Commissioner

6 is designated, at any meeting of the General Council

7 or the Fisheries Commission for which the Alternate

8 Commissioner is designated.

9 (c) REPRESENTATIVES.—

10 (1) APPOINTMENT.—The Secretary shall ap11 point not more than 3 individuals to serve as the

12 representatives of the United States on the Scientific

13 Council, who shall each be known as a ‘‘United

14 States Representative to the Northwest Atlantic

15 Fisheries Organization Scientific Council’’.

16 (2) ELIGIBILITY FOR APPOINTMENT.—

17 (A) The Secretary may not appoint an in18 dividual as a Representative unless the individ19 ual is knowledgeable and experienced concern20 ing the scientific issues dealt with by the Sci21 entific Council.

22 (B) The Secretary shall appoint as a Rep23 resentative at least 1 individual who is an offi24 cial of the Government.
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1 (3) TERM.—An individual appointed as a Rep2 resentative—

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

4 4 years, as specified by the Secretary at the

5 time of appointment;

6 (B) may be reappointed; and

7 (C) shall serve at the pleasure of the Sec8 retary.

9 (d) ALTERNATE REPRESENTATIVES.—

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

11 any anticipated absence of a duly appointed Rep12 resentative at a meeting of the Scientific Council,

13 designate an individual to serve as an Alternate Rep14 resentative.

15 (2) FUNCTIONS.—An Alternate Representative

16 may exercise all powers and perform all duties of the

17 Representative for whom the Alternate Representa18 tive is designated, at any meeting of the Scientific

19 Council for which the Alternate Representative is

20 designated.

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

22 Alternate Commissioners, Representatives, and Alternate

23 Representatives may be accompanied at meetings of the

24 Organization by experts and advisers.

25 (f) COORDINATION AND CONSULTATION.—
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1 (1) IN GENERAL.—In carrying out their func2 tions under the Convention, Commissioners, Alter3 nate Commissioners, Representatives, and Alternate

4 Representatives shall—

5 (A) coordinate with the appropriate Re6 gional Fishery Management Councils estab7 lished by section 302 of the Magnuson Act (16

8 U.S.C. 1852); and

9 (B) consult with the committee established

10 under section 208.

11 (2) RELATIONSHIP TO OTHER LAW.—The Fed12 eral Advisory Committee Act (5 U.S.C. App. § 1 et

13 seq.) App.) shall not apply to coordination and con14 sultations under this subsection.

15 SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

16 (a) RESTRICTION.—The Representatives may not

17 make a request or specification described in subsection

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

19 first—

20 (1) consulted with the appropriate Regional

21 Fishery Management Councils; and

22 (2) received the consent of the Commissioners

23 for that action.
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1 (b) REQUESTS AND TERMS OF REFERENCE DE2 SCRIBED.—The requests and specifications referred to in

3 subsection (a) are, respectively—

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

5 Convention, that the Scientific Council consider and

6 report on a question pertaining to the scientific basis

7 for the management and conservation of fishery re8 sources in waters under the jurisdiction of the

9 United States within the Convention Area; and

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

11 the Convention, of the terms of reference for the

12 consideration of a question referred to the Scientific

13 Council pursuant to Article VII(1) of the Conven14 tion.

15 SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RE16 SPECT TO CONVENTION.

17 The Secretary of State may, on behalf of the Govern18 ment of the United States—

19 (1) receive and transmit reports, requests, rec20 ommendations, proposals, and other communications

21 of and to the Organization and its subsidiary or22 gans;

23 (2) object, or withdraw an objection, to the pro24 posal of the Fisheries Commission;
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1 (3) give or withdraw notice of intent not to be

2 bound by a measure of the Fisheries Commission;

3 (4) object or withdraw an objection to an

4 amendment to the Convention; and

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

6 authority, any other communication referred to in

7 paragraph (1).

8 SEC. 205. INTERAGENCY COOPERATION.

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

10 the provisions of the Convention and this title, the Sec11 retary may arrange for cooperation with other agencies of

12 the United States, the States, the New England and the

13 Mid-Atlantic Fishery Management Councils, and private

14 institutions and organizations.

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

16 agency may—

17 (1) cooperate in the conduct of scientific and

18 other programs, and furnish facilities and personnel,

19 for the purposes of assisting the Organization in

20 carrying out its duties under the Convention; and

21 (2) accept reimbursement from the Organiza22 tion for providing such services, facilities, and per23 sonnel.
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1 SEC. 206. RULEMAKING.

2 The Secretary shall promulgate regulations as may

3 be necessary to carry out the purposes and objectives of

4 the Convention and this title. Any such regulation may

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

6 vessels subject to the jurisdiction of the United States,

7 wherever located.

8 SEC. 207. PROHIBITED ACTS AND PENALTIES.

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

10 vessel that is subject to the jurisdiction of the United

11 States—

12 (1) to violate any regulation issued under this

13 title or any measure that is legally binding on the

14 United States under the Convention;

15 (2) to refuse to permit any authorized enforce16 ment officer to board a fishing vessel that is subject

17 to the person’s control for purposes of conducting

18 any search or inspection in connection with the en19 forcement of this title, any regulation issued under

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

21 the United States under the Convention;

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

23 intimidate, or interfere with any authorized enforce24 ment officer in the conduct of any search or inspec25 tion described in paragraph (2);
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1 (4) to resist a lawful arrest for any act prohib2 ited by this section;

3 (5) to ship, transport, offer for sale, sell, pur4 chase, import, export, or have custody, control, or

5 possession of, any fish taken or retained in violation

6 of this section; or

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

8 means, the apprehension or arrest of another person,

9 knowing that the other person has committed an act

10 prohibited by this section.

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

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

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

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

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

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

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

18 (6) of subsection (a) shall be guilty of an offense punish19 able under section 309(b) of the Magnuson Act (16 U.S.C.

20 1859(b)).

21 (d) CIVIL FORFEITURE.—

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

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

24 used in the commission of an act that is unlawful

25 under subsection (a), and any fish (or the fair mar-
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1 ket value thereof) taken or retained, in any manner,

2 in connection with or as a result of the commission

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

4 shall be subject to seizure and forfeiture as provided

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

6 1860).

7 (2) DISPOSAL OF FISH.—Any fish seized pursu8 ant to this title may be disposed of pursuant to the

9 order of a court of competent jurisdiction or, if per10 ishable, in a manner prescribed by regulations issued

11 by the Secretary.

12 (e) ENFORCEMENT.—The Secretary and the Sec13 retary of the department in which the Coast Guard is op14 erating shall enforce the provisions of this title and shall

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

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

17 (c)) for that purpose.

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

19 of the United States shall have exclusive jurisdiction over

20 any case or controversy arising under this section and

21 may, at any time—

22 (1) enter restraining orders or prohibitions;

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

24 process;
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1 (3) prescribe and accept satisfactory bonds or

2 other security; and

3 (4) take such other actions as are in the inter4 ests of justice.

5 SEC. 208. CONSULTATIVE COMMITTEE.

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

7 the Secretary, shall jointly establish a consultative com8 mittee to advise the Secretaries on issues related to the

9 Convention.

10 (b) MEMBERSHIP.—

11 (1) The membership of the Committee shall in12 clude representatives from the New England and

13 Mid-Atlantic Fishery Management Councils, the

14 States represented on those Councils, the Atlantic

15 States Marine Fisheries Commission, the fishing in16 dustry, the seafood processing industry, and others

17 knowledgeable and experienced in the conservation

18 and management of fisheries in the Northwest At19 lantic Ocean.

20 (2) TERMS AND REAPPOINTMENT.—Each mem21 ber of the consultative committee shall serve for a

22 term of two years and shall be eligible for reappoint23 ment.

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

25 consultative committee may attend—
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1 (1) all public meetings of the General Council

2 or the Fisheries Commission;

3 (2) any other meetings to which they are in4 vited by the General Council or the Fisheries Com5 mission; and

6 (3) all nonexecutive meetings of the United

7 States Commissioners.

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

9 Advisory Committee Act (5 U.S.C. App. § 1 et seq.) App.)

10 shall not apply to the consultative committee established

11 under this section.

12 SEC. 209. ADMINISTRATIVE MATTERS.

13 (a) PROHIBITION ON COMPENSATION.—A person

14 shall not receive any compensation from the Government

15 by reason of any service of the person as—

16 (1) a Commissioner, Alternate Commissioner,

17 Representative, or Alternate Representative;

18 (2) an expert or adviser authorized under sec19 tion 202(e); or

20 (3) a member of the consultative committee es21 tablished by section 208.

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

23 State shall, subject to the availability of appropriations,

24 pay all necessary travel and other expenses of persons de25 scribed in subsection (a)(1) and of not more than six ex-
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1 perts and advisers authorized under section 202(e) with

2 respect to their actual performance of their official duties

3 pursuant to this title, in accordance with the Federal

4 Travel Regulations and sections 5701, 5702, 5704

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

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

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

8 of any service of the person in a capacity described in sub9 section (a), except for purposes of injury compensation

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

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

12 Code, respectively.

13 SEC. 210. DEFINITIONS.

14 In this title the following definitions apply:

15 (1) AUTHORIZED ENFORCEMENT OFFICER.—

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

17 person authorized to enforce this title, any regula18 tion issued under this title, or any measure that is

19 legally binding on the United States under the Con20 vention.

21 (2) COMMISSIONER.—The term ‘‘Commis22 sioner’’ means a United States Commissioner to the

23 Northwest Atlantic Fisheries Organization appointed

24 under section 202(a).
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1 (3) CONVENTION.—The term ‘‘Convention’’

2 means the Convention on Future Multilateral Co3 operation in the Northwest Atlantic Fisheries, done

4 at Ottawa on October 24, 1978.

5 (4) FISHERIES COMMISSION.—The term ‘‘Fish6 eries Commission’’ means the Fisheries Commission

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

8 of the Convention.

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

10 Council’’ means the General Council provided for by

11 Articles II, III, IV, and V of the Convention.

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

13 Act’’ means the Magnuson Fishery Conservation and

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

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

16 means the Northwest Atlantic Fisheries Organiza17 tion provided for by Article II of the Convention.

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

19 individual (whether or not a citizen or national of

20 the United States), and any corporation, partner21 ship, association, or other entity (whether or not or22 ganized or existing under the laws of any State).

23 (9) REPRESENTATIVE.—The term ‘‘Representa24 tive’’ means a United States Representative to the
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1 Northwest Atlantic Fisheries Scientific Council ap2 pointed under section 202(c).

3 (10) SCIENTIFIC COUNCIL.—The term ‘‘Sci4 entific Council’’ means the Scientific Council pro5 vided for by Articles II, VI, VII, VIII, IX, and X of

6 the Convention.

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

8 means the Secretary of Commerce.

9 SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

10 There are authorized to be appropriated to carry out

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

12 contribution to the Organization as provided in Article

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

14 years 1995, 1996, 1997 1997, and 1998.

15 TITLE III—ATLANTIC TUNAS CONVENTION

16 ACT

17 SEC. 301. SHORT TITLE.

18 This title may be cited as the ‘‘Atlantic Tunas Con19 vention Authorization Act of 1995’’.

20 SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

21 (a) REPORT TO CONGRESS.—The Secretary of Com22 merce shall, within 90 days after the date of enactment

23 of this Act, submit a report to the Committee on Com24 merce, Science, and Transportation of the Senate and the
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1 Committee on Resources of the House of Representa2 tives—

3 (1) identifying current governmental and non4 governmental research and monitoring activities on

5 Atlantic bluefin tuna and other highly migratory

6 species;

7 (2) describing the personnel and budgetary re8 sources allocated to such activities; and

9 (3) explaining how each activity contributes to

10 the conservation and management of Atlantic bluefin

11 tuna and other highly migratory species.

12 (b) RESEARCH AND MONITORING PROGRAM.—Sec13 tion 3 of the Act of September 4, 1980 (16 U.S.C. 971i)

14 is amended—

15 (1) by amending the section heading to read as

16 follows:

17 ‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY

18 SPECIES.’’;

19 (2) by striking the last sentence;

20 (3) by inserting ‘‘(a) BIENNIAL REPORT ON

21 BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com22 merce shall’’; and

23 (4) by adding at the end the following:

24 ‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND

25 MONITORING.—
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1 ‘‘(1) Within 6 months after the date of enact2 ment of the Atlantic Tunas Convention Authoriza3 tion Act of 1995, the Secretary of Commerce, in co4 operation with the advisory committee established

5 under section 4 of the Atlantic Tunas Convention

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

7 with the United States Commissioners on the Inter8 national Commission for the Conservation of Atlan9 tic Tunas (referred to elsewhere in this section as

10 the ‘Commission’) and the Secretary of State, shall

11 develop and implement a comprehensive research

12 and monitoring program to support the conservation

13 and management of Atlantic bluefin tuna and other

14 highly migratory species that shall—

15 ‘‘(A) identify and define the range of

16 stocks of highly migratory species in the Atlan17 tic Ocean, including Atlantic bluefin tuna; and

18 ‘‘(B) provide for appropriate participation

19 by nations which are members of the Commis20 sion.

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

22 limited to—

23 ‘‘(A) statistically designed cooperative tag24 ging studies;
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1 ‘‘(B) genetic and biochemical stock analy2 ses;

3 ‘‘(C) population censuses carried out

4 through aerial surveys of fishing grounds and

5 known migration areas;

6 ‘‘(D) adequate observer coverage and port

7 sampling of commercial and recreational fishing

8 activity;

9 ‘‘(E) collection of comparable real-time

10 data on commercial and recreational catches

11 and landings through the use of permits,

12 logbooks, landing reports for charter operations

13 and fishing tournaments, and programs to pro14 vide reliable reporting of the catch by private

15 anglers;

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

17 of Atlantic bluefin tuna and other highly migra18 tory species;

19 ‘‘(G) integration of data from all sources

20 and the preparation of data bases to support

21 management decisions; and

22 ‘‘(H) other research as necessary.

23 ‘‘(3) In developing a program under this sec24 tion, the Secretary shall provide for comparable

25 monitoring of all United States fishermen to which
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1 the Atlantic Tunas Convention Act applies with re2 spect to effort and species composition of catch and

3 discards. The Secretary through the Secretary of

4 State shall encourage other member nations to adopt

5 a similar program.’’.

6 SEC. 303. ADVISORY COMMITTEE PROCEDURES.

7 Section 4 of the Atlantic Tunas Convention Act of

8 1975 (16 U.S.C. 971b) is amended—

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

10 (2) by adding at the end the following:

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

12 committee shall constitute a quorum, but one or more such

13 members designated by the advisory committee may hold

14 meetings to provide for public participation and to discuss

15 measures relating to the United States implementation of

16 Commission recommendations.

17 ‘‘(2) The advisory committee shall elect a Chairman

18 for a 2-year term from among its members.

19 ‘‘(3) The advisory committee shall meet at appro20 priate times and places at least twice a year, at the call

21 of the Chairman or upon the request of the majority of

22 its voting members, the United States Commissioners, the

23 Secretary, or the Secretary of State. Meetings of the advi24 sory committee shall be open to the public, and prior no25 tice of meetings shall be made public in a timely fashion.
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1 ‘‘(4)(A) The Secretary shall provide to the advisory

2 committee in a timely manner such administrative and

3 technical support services as are necessary for the effective

4 functioning of the committee.

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

6 furnish the advisory committee with relevant information

7 concerning fisheries and international fishery agreements.

8 ‘‘(5) The advisory committee shall determine its orga9 nization, and prescribe its practices and procedures for

10 carrying out its functions under this Act, the Magnuson

11 Fishery Conservation and Management Act (16 U.S.C.

12 1801 et seq.), and the Convention. The advisory commit13 tee shall publish and make available to the public a state14 ment of its organization, practices, and procedures.

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

16 extent practicable, consist of an equitable balance among

17 the various groups concerned with the fisheries covered by

18 the Convention and shall not be subject to the Federal

19 Advisory Committee Act (5 U.S.C. App. § 1 et seq.).’’.

20 App.).’’.

21 SEC. 304. REGULATIONS.

22 Section 6(c)(3) of the Atlantic Tunas Convention Act

23 of 1975 (16 U.S.C. 971d(c)(3)) is amended by adding ‘‘or

24 fishery mortality level’’ after ‘‘quota of fish’’ in the last

25 sentence.
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1 SEC. 305. FINES AND PERMIT SANCTIONS.

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

3 of 1975 (16 U.S.C. 971(e)) is amended to read as follows:

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

5 308 of the Magnuson Fishery Conservation and Manage6 ment Act (16 U.S.C. 1858) are hereby made applicable

7 to violations of this section as if they were violations of

8 section 307 of that Act.’’.

9 SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

10 Section 10 of the Atlantic Tunas Convention Act of

11 1975 (16 U.S.C. 971h) is amended to read as follows:

12 ‘‘§ 10. Authorization of appropriations

13 ‘‘There are authorized to be appropriated to carry out

14 this Act, including use for payment of the United States

15 share of the joint expenses of the Commission as provided

16 in article X of the Convention, the following sums:

17 ‘‘(1) For fiscal year 1995, $2,750,000, of which

18 $50,000 are authorized in the aggregate for the ad19 visory committee established under section 4 and the

20 species working groups established under section 4A,

21 and $1,500,000 are authorized for research activities

22 under this Act.

23 ‘‘(2) For fiscal year 1996, $4,000,000, of which

24 $62,000 are authorized in the aggregate for such

25 advisory committee and such working groups, and
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1 $2,500,000 are authorized for such research activi2 ties.

3 ‘‘(3) For fiscal year 1997, $4,000,000 of which

4 $75,000 are authorized in the aggregate for such

5 advisory committee and such working groups, and

6 $2,500,000 are authorized for such research activi7 ties.’’.

8 ‘‘(4) For fiscal year 1998, $4,000,000 of which

9 $75,000 are authorized in the aggregate for such

10 advisory committee and such working groups, and

11 $2,500,000 are authorized for such research activi12 ties.’’.

13 SEC. 307. REPORT AND CERTIFICATION.

14 The Atlantic Tunas Convention Act of 1975 (16

15 U.S.C. 971 et seq.) is amended by adding at the end there16 of the following:

17 ‘‘§ 11. Annual report

18 ‘‘Not later than April 1, 1996, and annually there19 after, the Secretary shall prepare and transmit to the

20 Committee on Resources of the House of Representatives

21 and the Committee on Commerce, Science, and Transpor22 tation of the Senate a report, that—

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

24 catches and exports to the United States of highly

25 migratory species (including tunas, swordfish, marlin
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1 and sharks) from nations fishing on Atlantic stocks

2 of such species that are subject to management by

3 the Commission;

4 ‘‘(2) identifies those fishing nations whose har5 vests are inconsistent with conservation and manage6 ment recommendations of the Commission;

7 ‘‘(3) describes reporting requirements estab8 lished by the Secretary to ensure that imported fish

9 products are in compliance with all international

10 management measures, including minimum size re11 quirements, established by the Commission and

12 other international fishery organizations to which

13 the United States is a party; and

14 ‘‘(4) describes actions taken by the Secretary

15 under section 12.

16 ‘‘§ 12. Certification

17 ‘‘(a) If the Secretary determines that vessels of any

18 nation are harvesting fish which are subject to regulation

19 pursuant to a recommendation of the Commission and

20 which were taken from the convention area in a manner

21 or under circumstances which would tend to diminish the

22 effectiveness of the conservation recommendations of the

23 Commission, the Secretary shall certify such fact to the

24 President.
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1 ‘‘(b) Such certification shall be deemed to be a certifi2 cation for the purposes of section 8 of the Fishermen’s

3 Protective Act (22 U.S.C. 1978).

4 ‘‘(c) Upon certification under subsection (a), the Sec5 retary shall promulgate regulations under section 6(c)(4)

6 with respect to a nation so certified.’’.

7 SEC. 308. MANAGEMENT OF YELLOWFIN TUNA.

8 (a) Not later than 90 days after the date of the enact9 ment of this Act, the Secretary of Commerce in accord10 ance with this section shall publish a preliminary deter11 mination of the level of the United States recreational and

12 commercial catch of yellowfin tuna on an annual basis

13 since 1980. The Secretary shall publish a preliminary de14 termination in the Federal Register for comment for a pe15 riod not to exceed 60 days. The Secretary shall publish

16 a final determination not later than 140 days from the

17 date of the enactment of this section.

18 (b) Not later than June 1, 1996, the Secretary of

19 Commerce shall implement the recommendations of Inter20 national Commission for the Conservation of Atlantic

21 Tunas regarding yellowfin tuna.

22 TITLE IV—FISHERMEN’S PROTECTIVE ACT

23 SEC. 401. FINDINGS.

24 The Congress finds that—
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1 (1) customary international law and the United

2 Nations Convention on the Law of the Sea guaran3 tee the right of passage, including innocent passage,

4 to vessels through the waters commonly referred to

5 as the ‘‘Inside Passage’’ off the Pacific Coast of

6 Canada;

7 (2) Canada recently required all commercial

8 fishing vessels of the United States to pay 1,500 Ca9 nadian dollars to obtain a ‘‘license which authorizes

10 transit’’ through the Inside Passage;

11 (3) this action was inconsistent with inter12 national law, including the United Nations Conven13 tion on the Law of the Sea, and, in particular, Arti14 cle 26 of that Convention, which specifically pro15 hibits such fees, and threatened the safety of United

16 States commercial fishermen who sought to avoid

17 the fee by traveling in less protected waters;

18 (4) the Fishermen’s Protective Act of 1967 pro19 vides for the reimbursement of vessel owners who

20 are forced to pay a license fee to secure the release

21 of a vessel which has been seized, but does not per22 mit reimbursement of a fee paid by the owner in ad23 vance in order to prevent a seizure;
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1 (5) Canada required that the license fee be paid

2 in person in 2 ports on the Pacific Coast of Canada,

3 or in advance by mail;

4 (6) significant expense and delay was incurred

5 by commercial fishing vessels of the United States

6 that had to travel from the point of seizure back to

7 one of those ports in order to pay the license fee re8 quired by Canada, and the costs of that travel and

9 delay cannot be reimbursed under the Fishermen’s

10 Protective Act;

11 (7) the Fishermen’s Protective Act of 1967

12 should be amended to permit vessel owners to be re13 imbursed for fees required by a foreign government

14 to be paid in advance in order to navigate in the wa15 ters of that foreign country if the United States con16 siders that fee to be inconsistent with international

17 law;

18 (8) the Secretary of State should seek to re19 cover from Canada any amounts paid by the United

20 States to reimburse vessel owners who paid the tran21 sit license fee;

22 (9) the United States should review its current

23 policy with respect to anchorage by commercial fish24 ing vessels of Canada in waters of the United States

25 off Alaska, including waters in and near the Dixon
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1 Entrance, and should accord such vessels the same

2 treatment that commercial fishing vessels of the

3 United States are accorded for anchorage in the wa4 ters of Canada off British Columbia;

5 (10) the President should ensure that, consist6 ent with international law, the United States Coast

7 Guard has available adequate resources in the Pa8 cific Northwest and Alaska to provide for the safety

9 of United States citizens, the enforcement of United

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

11 States and keep the peace among vessels operating

12 in disputed waters;

13 (11) the President should continue to review all

14 agreements between the United States and Canada

15 to identify other actions that may be taken to con16 vince Canada that any reinstatement of the transit

17 license fee would be against Canada’s long-term in18 terests, and should immediately implement any ac19 tions which the President deems appropriate if Can20 ada reinstates the fee;

21 (12) the President should continue to imme22 diately convey to Canada in the strongest terms that

23 the United States will not now, nor at any time in

24 the future, tolerate any action by Canada which

25 would impede or otherwise restrict the right of pas-
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1 sage of vessels of the United States in a manner in2 consistent with international law; and

3 (13) the United States should redouble its ef4 forts to seek expeditious agreement with Canada on

5 appropriate fishery conservation and management

6 measures that can be implemented through the Pa7 cific Salmon Treaty to address issues of mutual con8 cern.

9 SEC. 402. AMENDMENT TO THE FISHERMEN’S PROTECTIVE

10 ACT OF 1967.

11 (a) The Fishermen’s Protective Act of 1967 (22

12 U.S.C. 1971 et seq.) is amended by adding at the end

13 the following new section:

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

15 in which a vessel of the United States exercising its right

16 of passage is charged a fee by the government of a foreign

17 country to engage in transit passage between points in the

18 United States (including a point in the exclusive economic

19 zone or in an area over which jurisdiction is in dispute),

20 and such fee is regarded by the United States as being

21 inconsistent with international law, the Secretary of State

22 shall reimburse the vessel owner for the amount of any

23 such fee paid under protest.
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1 ‘‘(b) In seeking such reimbursement, the vessel owner

2 shall provide, together with such other information as the

3 Secretary of State may require—

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

5 ‘‘(2) an affidavit attesting that the owner or the

6 owner’s agent paid the fee under protest; and

7 ‘‘(3) a copy of the vessel’s certificate of docu8 mentation.

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

10 Secretary of State within 120 days after the date of pay11 ment of the fee, or within 90 days after the date of enact12 ment of this section, whichever is later.

13 ‘‘(d) such Such funds as may be necessary to meet

14 the requirements of this section may be made available

15 from the unobligated balances of previously appropriated

16 funds remaining in the Fishermen’s Guaranty Fund estab17 lished under section 7 and the Fishermen’s Protective

18 Fund established under section 9. To the extent that re19 quests for reimbursement under this section exceed such

20 funds, there are authorized to be appropriated such sums

21 as may be needed for reimbursements authorized under

22 subsection (a).

23 ‘‘(e) The Secretary of State shall take such action

24 as the Secretary deems appropriate to make and collect
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1 claims against the foreign country imposing such fee for

2 any amounts reimbursed under this section.

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

4 includes any charterer of a vessel of the United States.

5 ‘‘(g) This section shall remain in effect until October

6 1, 1996.’’.

7 (b) The Fishermen’s Protective Act of 1967 (22

8 U.S.C. 1971 et seq.) is further amended by adding at the

9 end the following:

10 ‘‘SEC. 12. (a) If the Secretary of State finds that the

11 government of any nation imposes conditions on the oper12 ation or transit of United States fishing vessels which the

13 United States regards as being inconsistent with inter14 national law or an international agreement, the Secretary

15 of State shall certify that fact to the President.

16 ‘‘(b) Upon receipt of a certification under subsection

17 (a), the President shall direct the heads of Federal agen18 cies to impose similar conditions on the operation or tran19 sit of fishing vessels registered under the laws of the na20 tion which has imposed conditions on United States fish21 ing vessels.

22 ‘‘(c) For the purposes of this section, the term ‘fish23 ing vessel’ has the meaning given that term in section

24 2101(11a) of title 46, United States Code.
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1 ‘‘(d) It is the sense of the Congress that any action

2 taken by any Federal agency under subsection (b) should

3 be commensurate with any conditions certified by the Sec4 retary of State under subsection (a).’’.

5 SEC. 403. REAUTHORIZATION.

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

7 1967 (22 U.S.C. 1977(c)) is amended by striking the third

8 sentence.

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

10 1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘Octo11 ber 1, 1993’’ and inserting ‘‘October 1, 2000’’.

12 SEC. 404. TECHNICAL CORRECTIONS.

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

14 amended by striking ‘‘April 1, 1994,’’ and inserting ‘‘May

15 1, 1994,’’. 1994.’’.

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

17 effective on and after April 30, 1994.

18 (b) Section 803(13)(C) of Public Law 102–567 (16

19 U.S.C. 5002(13)(C)) is amended to read as follows:

20 ‘‘(C) any vessel supporting a vessel de21 scribed in subparagraph (A) or (B).’’.
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1 TITLE V—FISHERIES ENFORCEMENT IN

2 CENTRAL SEA OF OKHOTSK

3 SEC. 501. SHORT TITLE.

4 This title may be cited as the ‘‘Sea of Okhotsk Fish5 eries Enforcement Act of 1995’’.

6 SEC. 502. FISHING PROHIBITION.

7 (a) ADDITION OF CENTRAL SEA OF OKHOTSK.—Sec8 tion 302 of the Central Bering Sea Fisheries Enforcement

9 Act of 1992 (16 U.S.C. 1823 note) is amended by insert10 ing ‘‘and the Central Sea of Okhotsk’’ after ‘‘Central Ber11 ing Sea’’.

12 (b) DEFINITION.—Section 306 of such Act is amend13 ed—

14 (1) by redesignating paragraphs (2), (3), (4),

15 (5), and (6) as paragraphs (3), (4), (5), (6), and

16 (7), respectively; and

17 (2) by inserting after paragraph (1) the follow18 ing:

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

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

21 Okhotsk area which is more than two hundred nau22 tical miles seaward of the baseline from which the

23 breadth of the territorial sea of the Russian Federa24 tion is measured.’’.
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1 TITLE VI—DRIFTNET MORATORIUM

2 SEC. 601. SHORT TITLE.

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

4 Fishing Moratorium Protection Act’’.

5 SEC. 602. FINDINGS.

6 The Congress finds that—

7 (1) Congress has enacted and the President has

8 signed into law numerous Acts to control or prohibit

9 large-scale driftnet fishing both within the jurisdic10 tion of the United States and beyond the exclusive

11 economic zone of any nation, including the Driftnet

12 Impact Monitoring, Assessment, and Control Act of

13 1987 (title IV, Public Law 100–220), the Driftnet

14 Act Amendments of 1990 (Public Law 101–627),

15 and the High Seas Driftnet Fisheries Enforcement

16 Act (title I, Public Law 102–582);

17 (2) the United States is a party to the Conven18 tion for the Prohibition of Fishing with Long

19 Driftnets in the South Pacific, also known as the

20 Wellington Convention;

21 (3) the General Assembly of the United Nations

22 has adopted three resolutions and three decisions

23 which established and reaffirm a global moratorium

24 on large-scale driftnet fishing on the high seas, be-
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1 ginning with Resolution 44/225 in 1989 and most

2 recently in Decision 48/445 in 1993;

3 (4) the General Assembly of the United Nations

4 adopted these resolutions and decisions at the re5 quest of the United States and other concerned na6 tions;

7 (5) the best scientific information demonstrates

8 the wastefulness and potentially destructive impacts

9 of large-scale driftnet fishing on living marine re10 sources and seabirds; and

11 (6) Resolution 46/215 of the United Nations

12 General Assembly calls on all nations, both individ13 ually and collectively, to prevent large-scale driftnet

14 fishing on the high seas.

15 SEC. 603. PROHIBITION.

16 The United States, or any agency or official acting

17 on behalf of the United States, may not enter into any

18 international agreement with respect to the conservation

19 and management of living marine resources or the use of

20 the high seas by fishing vessels that would prevent full

21 implementation of the global moratorium on large-scale

22 driftnet fishing on the high seas, as such moratorium is

23 expressed in Resolution 46/215 of the United Nations

24 General Assembly.
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1 SEC. 604. NEGOTIATIONS.

2 The Secretary of State, on behalf of the United

3 States, shall seek to enhance the implementation and ef4 fectiveness of the United Nations General Assembly reso5 lutions and decisions regarding the moratorium on large6 scale driftnet fishing on the high seas through appropriate

7 international agreements and organizations.

8 SEC. 605. CERTIFICATION.

9 The Secretary of State shall determine in writing

10 prior to the signing or provisional application by the

11 United States of any international agreement with respect

12 to the conservation and management of living marine re13 sources or the use of the high seas by fishing vessels that

14 the prohibition contained in section 603 will not be vio15 lated if such agreement is signed or provisionally applied.

16 SEC. 606. ENFORCEMENT.

17 The President shall utilize appropriate assets of the

18 Department of Defense, the United States Coast Guard,

19 and other Federal agencies to detect, monitor, and prevent

20 violations of the United Nations moratorium on large-scale

21 driftnet fishing on the high seas for all fisheries under the

22 jurisdiction of the United States and, in the case of fish23 eries not under the jurisdiction of the United States, to

24 the fullest extent permitted under international law.
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1 TITLE VII—GOVERNING INTERNATIONAL

2 FISHERY AGREEMENT

3 SEC. 701. AGREEMENT WITH ESTONIA.

4 Notwithstanding section 203 of the Magnuson Fish5 ery Conservation and Management Act (16 U.S.C. 1823),

6 the governing international fishery agreement between the

7 Government of the United States of America and the gov8 ernment of the Republic of Estonia as contained in the

9 message to Congress from the President of the United

10 States dated January 19, 1995, is approved as a govern11 ing international fishery agreement for the purposes of

12 such Act and shall enter into force and effect with respect

13 to the United States on the date of enactment of this Act.

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