II

104TH CONGRESS

1ST SESSION S. 267

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, and Mr.

MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation

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,

3 SECTION 1. SHORT TITLE.

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

5 1995’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.
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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

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.
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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

14 (2) to establish a system of licensing, reporting,

15 and regulation for vessels of the United States fish16 ing on the high seas.

17 SEC. 103. DEFINITIONS.

18 As used in this Act—

19 (1) The term ‘‘Agreement’’ means the Agree20 ment to Promote Compliance with International

21 Conservation and Management Measures by Fishing

22 Vessels on the High Seas, adopted by the Con-
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1 ference of the Food and Agriculture Organization of

2 the United Nations on November 24, 1993.

3 (2) The term ‘‘FAO’’ means the Food and Ag4 riculture Organization of the United Nations.

5 (3) The term ‘‘high seas’’ means the waters be6 yond the territorial sea or exclusive economic zone

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

8 such territorial sea or exclusive economic zone (or

9 the equivalent) is recognized by the United States.

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

11 any vessel of the United States used or intended for

12 use —

13 (A) on the high seas;

14 (B) for the purpose of the commercial ex15 ploitation of living marine resources; and

16 (C) as a harvesting vessel, as a mother

17 ship, or as any other support vessel directly en18 gaged in a fishing operation.

19 (5) The term ‘‘international conservation and

20 management measures’’ means measures to conserve

21 or manage one or more species of living marine re22 sources that are adopted and applied in accordance

23 with the relevant rules of international law, as re24 flected in the 1982 United Nations Convention on

25 the Law of the Sea, and that are recognized by the
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1 United States. Such measures may be adopted by

2 global, regional, or sub-regional fisheries organiza3 tions, subject to the rights and obligations of their

4 members, or by treaties or other international agree5 ments.

6 (6) The term ‘‘length’’ means —

7 (A) for any high seas fishing vessel built

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

9 length on a waterline at 85 percent of the least

10 molded depth measured from the top of the

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

12 to the axis of the rudder stock on that water13 line, if that is greater. In ships designed with

14 a rake of keel the waterline on which this

15 length is measured shall be parallel to the de16 signed waterline; and

17 (B) for any high seas fishing vessel built

18 before July 18, 1982, registered length as en19 tered on the vessel’s documentation.

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

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

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

23 other entity (whether or not organized or existing

24 under the laws of any State), and any Federal,
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1 State, local, or foreign government or any entity of

2 any such government.

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

4 of Commerce.

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

6 means—

7 (A) a vessel documented under chapter

8 121 of title 46, United States Code, or num9 bered in accordance with chapter 123 of title

10 46, United States Code;

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

12 (i) the United States or a territory,

13 commonwealth, or possession of the United

14 States;

15 (ii) a State or political subdivision

16 thereof;

17 (iii) a citizen or national of the United

18 States; or

19 (iv) a corporation created under the

20 laws of the United States or any State, the

21 District of Columbia, or any territory,

22 commonwealth, or possession of the United

23 States; unless the vessel has been granted

24 the nationality of a foreign nation in ac25 cordance with article 92 of the 1982 Unit-
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1 ed Nations Convention on the Law of the

2 Sea and a claim of nationality or registry

3 for the vessel is made by the master or in4 dividual in charge at the time of the en5 forcement action by an officer or employee

6 of the United States authorized to enforce

7 applicable provisions of the United States

8 law; and

9 (C) a vessel that was once documented

10 under the laws of the United States and, in vio11 lation of the laws of the United States, was ei12 ther sold to a person not a citizen of the United

13 States or placed under foreign registry or a for14 eign flag, whether or not the vessel has been

15 granted the nationality of a foreign nation.

16 (10) The terms ‘‘vessel subject to the jurisdic17 tion of the United States’’ and ‘‘vessel without na18 tionality’’ have the same meaning as in section

19 1903(c) of title 46, United States Code Appendix.

20 SEC. 104. LICENSING.

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

22 engage in harvesting operations on the high seas unless

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

24 section.

25 (b) ELIGIBILITY.—
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1 (1) Any vessel of the United States is eligible

2 to receive a license under this section, unless the

3 vessel was previously authorized to be used for fish4 ing on the high seas by a foreign nation, and

5 (A) the foreign nation suspended such au6 thorization because the vessel undermined the

7 effectiveness of international conservation and

8 management measures, and the suspension has

9 not expired; or

10 (B) the foreign nation, within the last

11 three years preceding application for a license

12 under this section, withdrew such authorization

13 because the vessel undermined the effectiveness

14 of international conservation and management

15 measures.

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

17 apply if ownership of the vessel has changed since

18 the vessel undermined the effectiveness of inter19 national conservation and management measures,

20 and the new owner has provided sufficient evidence

21 to the Secretary demonstrating that the previous

22 owner or operator has no further legal, beneficial or

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

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

25 apply if the Secretary makes a determination that
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1 issuing a license would not subvert the purposes of

2 the Agreement.

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

4 vessel unless the Secretary is satisfied that the

5 United States will be able to exercise effectively its

6 responsibilities under the Agreement with respect to

7 that vessel.

8 (c) APPLICATION.—

9 (1) The owner or operator of a high seas fish10 ing vessel may apply for a license under this section

11 by completing an application form prescribed by the

12 Secretary.

13 (2) The application form shall contain—

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

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

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

17 (C) the vessel’s International Radio Call

18 Sign (if any);

19 (D) the names and addresses of the ves20 sel’s owners and operators;

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

22 (F) the type of vessel;

23 (G) the vessel’s length; and
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1 (H) any other information the Secretary

2 requires for the purposes of implementing the

3 Agreement.

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

5 conditions and restrictions on each license issued under

6 this section as are necessary and appropriate to carry out

7 the obligations of the United States under the Agreement,

8 including but not limited to the following:

9 (1) The vessel shall be marked in accordance

10 with the FAO Standard Specifications for the Mark11 ing and Identification of Fishing Vessels, or with

12 regulations issued under section 305 of the Magnu13 son Fishery Conservation and Management Act (16

14 U.S.C. 1855); and

15 (2) The license holder shall report such infor16 mation as the Secretary by regulation requires, in17 cluding area of fishing operations and catch statis18 tics. The Secretary shall promulgate regulations con19 cerning conditions under which information submit20 ted under this paragraph may be released.

21 (e) FEES.—

22 (1) The Secretary shall by regulation establish

23 the level of fees to be charged for licenses issued

24 under this section. The amount of any fee charged

25 for a license issued under this section shall not ex-
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1 ceed the administrative costs incurred in issuing

2 such licenses. The licensing fee may be in addition

3 to any fee required under any regional licensing re4 gime applicable to high seas fishing vessels.

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

6 be collected and credited to the Operations, Re7 search and Facilities account of the National Oce8 anic and Atmospheric Administration. Fees collected

9 under this subsection shall be available for the nec10 essary expenses of the National Oceanic and Atmos11 pheric Administration in implementing this Act, and

12 shall remain available until expended.

13 (f) DURATION.—A license issued under this section

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

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

16 United States documentation, such documentation is re17 voked or denied, or the vessel is deleted from such docu18 mentation.

19 SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

20 (a) RECORD.—The Secretary shall maintain an auto21 mated file or record of high seas fishing vessels issued li22 censes under section 104, including all information sub23 mitted under section 104(c)(2).

24 (b) INFORMATION TO FAO.—The Secretary, in co25 operation with the Secretary of State and the Secretary
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1 of the department in which the Coast Guard is operating,

2 shall—

3 (1) make available to FAO information con4 tained in the record maintained under subsection

5 (a);

6 (2) promptly notify FAO of changes in such in7 formation;

8 (3) promptly notify FAO of additions to or de9 letions from the record, and the reason for any dele10 tion;

11 (4) convey to FAO information relating to any

12 license granted under section 104(b)(3), including

13 the vessel’s identity, owner or operator, and factors

14 relevant to the Secretary’s determination to issue

15 the license;

16 (5) report promptly to FAO all relevant infor17 mation regarding any activities of high seas fishing

18 vessels that undermine the effectiveness of inter19 national conservation and management measures, in20 cluding the identity of the vessels and any sanctions

21 imposed; and

22 (6) provide the FAO a summary of evidence re23 garding any activities of foreign vessels that under24 mine the effectiveness of international conservation

25 and management measures.
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1 (c) INFORMATION TO FLAG NATIONS.—If the Sec2 retary, in cooperation with the Secretary of State and the

3 Secretary of the department in which the Coast Guard is

4 operating, has reasonable grounds to believe that a foreign

5 vessel has engaged in activities undermining the effective6 ness of international conservation and management meas7 ures, the Secretary shall—

8 (1) provide to the flag nation information, in9 cluding appropriate evidentiary material, relating to

10 those activities; and

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

12 United States port, promptly notify the flag nation

13 and, if requested by the flag nation, make arrange14 ments to undertake such lawful investigatory meas15 ures as may be considered necessary to establish

16 whether the vessel has been used contrary to the

17 provisions of the Agreement.

18 (d) REGULATIONS.—The Secretary, after consulta19 tion with the Secretary of State and the Secretary of the

20 department in which the Coast Guard is operating, may

21 promulgate such regulations, in accordance with section

22 553 of title 5, United States Code, as may be necessary

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

24 The Secretary shall coordinate such regulations with any

25 other entities regulating high seas fishing vessels, in order
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1 to minimize duplication of license application and report2 ing requirements. To the extent practicable, such regula3 tions shall also be consistent with regulations implement4 ing fishery management plans under the Magnuson Fish5 ery Conservation and Management Act (16 U.S.C. 1801

6 et seq.).

7 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

8 MANAGEMENT MEASURES.—The Secretary, in consulta9 tion with the Secretary of State, shall publish in the Fed10 eral Register, from time to time, a notice listing inter11 national conservation and management measures recog12 nized by the United States.

13 SEC. 106. UNLAWFUL ACTIVITIES.

14 It is unlawful for any person subject to the jurisdic15 tion of the United States—

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

17 seas in contravention of international conservation

18 and management measures described in section

19 105(e);

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

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

22 issued under section 104;

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

24 of the conditions or restrictions of a license issued

25 under section 104;
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1 (4) to falsify any information required to be re2 ported, communicated, or recorded pursuant to this

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

4 fail to submit in a timely fashion any required infor5 mation, or to fail to report to the Secretary imme6 diately any change in circumstances that has the ef7 fect of rendering any such information false, incom8 plete, or misleading;

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

10 board a high seas fishing vessel subject to such per11 son’s control for purposes of conducting any search

12 or inspection in connection with the enforcement of

13 this title or any regulation issued under this title;

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

15 intimidate, or interfere with an authorized officer in

16 the conduct of any search or inspection described in

17 paragraph (5);

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

19 act prohibited by this section;

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

21 means, the apprehension, arrest, or detection of an22 other person, knowing that such person has commit23 ted any act prohibited by this section;

24 (9) to ship, transport, offer for sale, sell, pur25 chase, import, export, or have custody, control, or
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1 possession of, any living marine resource taken or

2 retained in violation of this title or any regulation or

3 license issued under this title; or

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

5 regulation or license issued under this title.

6 SEC. 107. ENFORCEMENT PROVISIONS.

7 (a) DUTIES OF SECRETARIES.—This title shall be en8 forced by the Secretary of Commerce and the Secretary

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

10 Such Secretaries may by agreement utilize, on a reimburs11 able basis or otherwise, the personnel, services, equipment

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

13 Federal agency, or of any State agency, in the perform14 ance of such duties. Such Secretaries shall, and the head

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

16 agreement with either such Secretary under this section

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

18 enforce the provisions of this title or any regulation or li19 cense issued under this title.

20 (b) DISTRICT COURT JURISDICTION.—The district

21 courts of the United States shall have exclusive jurisdic22 tion over any case or controversy arising under the provi23 sions of this title. In the case of Guam, and any Common24 wealth, territory, or possession of the United States in the

25 Pacific Ocean, the appropriate court is the United States
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1 District Court for the District of Guam, except that in

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

3 United States District Court for the District of Hawaii.

4 (c) POWERS OF ENFORCEMENT OFFICERS.—

5 (1) Any officer who is authorized under sub6 section (a) to enforce the provisions of this title

7 may—

8 (A) with or without a warrant or other

9 process—

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

11 reasonable cause to believe that such per12 son has committed an act prohibited by

13 paragraph (6), (7), (8), or (9) of section

14 106;

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

16 high seas fishing vessel;

17 (iii) seize any high seas fishing vessel

18 (together with its fishing gear, furniture,

19 appurtenances, stores, and cargo) used or

20 employed in, or with respect to which it

21 reasonably appears that such vessel was

22 used or employed in, the violation of any

23 provision of this title or any regulation or

24 license issued under this title;
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1 (iv) seize any living marine resource

2 (wherever found) taken or retained, in any

3 manner, in connection with or as a result

4 of the commission of any act prohibited by

5 section 106;

6 (v) seize any other evidence related to

7 any violation of any provision of this title

8 or any regulation or license issued under

9 this title;

10 (B) execute any warrant or other process

11 issued by any court of competent jurisdiction;

12 and

13 (C) exercise any other lawful authority.

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

15 person charged with law enforcement responsibilities

16 by the Secretary who is performing a duty related

17 to enforcement of a law regarding fisheries or other

18 marine resources may make an arrest without a war19 rant for an offense against the United States com20 mitted in his presence, or for a felony cognizable

21 under the laws of the United States, if he has rea22 sonable grounds to believe that the person to be ar23 rested has committed or is committing a felony.

24 (d) ISSUANCE OF CITATIONS.—If any authorized offi25 cer finds that a high seas fishing vessel is operating or
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1 has been operated in violation of any provision of this title,

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

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

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

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

6 under this subsection, including the date thereof and the

7 reason therefor, on the permit. The Secretary shall main8 tain a record of all citations issued pursuant to this sub9 section.

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

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

12 shall be liable for the cost incurred in storage, care, and

13 maintenance of any living marine resource or other prop14 erty seized in connection with the violation.

15 SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.

16 (a) CIVIL PENALTIES.—

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

18 after notice and opportunity for a hearing in accord19 ance with section 554 of title 5, United States Code,

20 to have committed an act prohibited by section 106

21 shall be liable to the United States for a civil pen22 alty. The amount of the civil penalty shall not exceed

23 $100,000 for each violation. Each day of a continu24 ing violation shall constitute a separate offense. The

25 amount of such civil penalty shall be assessed by the
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1 Secretary by written notice. In determining the

2 amount of such penalty, the Secretary shall take

3 into account the nature, circumstances, extent, and

4 gravity of the prohibited acts committed and, with

5 respect to the violation, the degree of culpability,

6 any history of prior offenses, and such other matters

7 as justice may require.

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

9 remit, with or without conditions, any civil penalty

10 that is subject to imposition or that has been im11 posed under this section.

12 (b) LICENSE SANCTIONS.—

13 (1) In any case in which—

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

15 used in the commission of an act prohibited

16 under section 106;

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

18 any other person who has been issued or has

19 applied for a license under section 104 has

20 acted in violation of section 106; or

21 (C) any amount in settlement of a civil for22 feiture imposed on a high seas fishing vessel or

23 other property, or any civil penalty or criminal

24 fine imposed on a high seas fishing vessel or on

25 an owner or operator of such a vessel or on any
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1 other person who has been issued or has ap2 plied for a license under any fishery resource

3 statute enforced by the Secretary, has not been

4 paid and is overdue, the Secretary may—

5 (i) revoke any license issued to or ap6 plied for by such vessel or person under

7 this title, with or without prejudice to the

8 issuance of subsequent licenses;

9 (ii) suspend such license for a period

10 of time considered by the Secretary to be

11 appropriate;

12 (iii) deny such license; or

13 (iv) impose additional conditions and

14 restrictions on such license.

15 (2) In imposing a sanction under this sub16 section, the Secretary shall take into account—

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

18 gravity of the prohibited acts for which the

19 sanction is imposed; and

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

21 of culpability, any history of prior offenses, and

22 such other matters as justice may require.

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

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

25 license sanction that is in effect or is pending at the
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1 time of transfer of ownership. Before executing the

2 transfer of ownership of a vessel, by sale or other3 wise, the owner shall disclose in writing to the pro4 spective transferee the existence of any license sanc5 tion that will be in effect or pending with respect to

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

7 may waive or compromise a sanction in the case of

8 a transfer pursuant to court order.

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

10 under this subsection for nonpayment of a civil pen11 alty or criminal fine, the Secretary shall reinstate

12 the license upon payment of the penalty or fine and

13 interest thereon at the prevailing rate.

14 (5) No sanctions shall be imposed under this

15 subsection unless there has been prior opportunity

16 for a hearing on the facts underlying the violation

17 for which the sanction is imposed, either in conjunc18 tion with a civil penalty proceeding under this sec19 tion or otherwise.

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

21 hearing under this section, the Secretary may issue sub22 poenas for the attendance and testimony of witnesses and

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

24 and may administer oaths. Witnesses summoned shall be

25 paid the same fees and mileage that are paid to witnesses
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1 in the courts of the United States. In case of contempt

2 or refusal to obey a subpoena served upon any person pur3 suant to this subsection, the district court of the United

4 States for any district in which such person is found, re5 sides, or transacts business, upon application by the

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

7 jurisdiction to issue an order requiring such person to ap8 pear and give testimony before the Secretary or to appear

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

10 any failure to obey such order of the court may be pun11 ished by such court as a contempt thereof.

12 (d) JUDICIAL REVIEW.—Any person against whom a

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

14 whose vessel a license sanction is imposed under sub15 section (b) (other than a license suspension for

16 nonpayment of penalty or fine) may obtain review thereof

17 in the United States district court for the appropriate dis18 trict by filing a complaint against the Secretary in such

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

20 sanction. The Secretary shall promptly file in such court

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

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

23 28, United States Code. The findings and order of the

24 Secretary shall be set aside by such court if they are not
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1 found to be supported by substantial evidence, as provided

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

3 (e) COLLECTION.—

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

5 a civil penalty after it has become a final and

6 unappealable order, or after the appropriate court

7 has entered final judgment in favor of the Secretary,

8 the matter shall be referred to the Attorney General,

9 who shall recover the amount assessed in any appro10 priate district court of the United States. In such

11 action the validity and appropriateness of the final

12 order imposing the civil penalty shall not be subject

13 to review.

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

15 fishing gear, furniture, appurtenances, stores, and

16 cargo) used in the commission of an act prohibited

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

18 penalty assessed for such violation under subsection

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

20 court of the United States having jurisdiction there21 of. Such penalty shall constitute a maritime lien on

22 such vessel that may be recovered in an action in

23 rem in the district court of the United States having

24 jurisdiction over the vessel.
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1 SEC. 109. CRIMINAL OFFENSES.

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

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

4 (7), (8), or (9) of section 106.

5 (b) PUNISHMENT.—Any offense described in sub6 section (a) is a class A misdemeanor punishable by a fine

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

8 not more than one year, or both; except that if in the com9 mission of any offense the person uses a dangerous weap10 on, engages in conduct that causes bodily injury to any

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

12 imminent bodily injury, the offense is a felony punishable

13 by a fine under title 18, United States Code, or imprison14 ment for not more than 10 years, or both.

15 SEC. 110. FORFEITURES.

16 (a) IN GENERAL.—Any high seas fishing vessel (in17 cluding its fishing gear, furniture, appurtenances, stores,

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

19 fair market value thereof) taken or retained, in any man20 ner, in connection with or as a result of the commission

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

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

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

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

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

2 proceeding under this section.

3 (b) JURISDICTION OF DISTRICT COURTS.—Any dis4 trict court of the United States shall have jurisdiction,

5 upon application of the Attorney General on behalf of the

6 United States, to order any forfeiture authorized under

7 subsection (a) and any action provided for under sub8 section (d).

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

10 United States in a civil forfeiture proceeding under this

11 section, the Attorney General may seize any property or

12 other interest declared forfeited to the United States,

13 which has not previously been seized pursuant to this title

14 or for which security has not previously been obtained.

15 The provisions of the customs laws relating to—

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

17 property for violation of the customs law;

18 (2) the disposition of such property or the pro19 ceeds from the sale thereof; and

20 (3) the remission or mitigation of any such for21 feiture;

22 shall apply to seizures and forfeitures incurred, or alleged

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

24 unless such provisions are inconsistent with the purposes,

25 policy, and provisions of this title.
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1 (d) PROCEDURE.—

2 (1) Any officer authorized to serve any process

3 in rem that is issued by a court under section

4 107(b) shall—

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

6 (B) discharge any living marine resources

7 seized pursuant to such process;

8 upon receipt of a satisfactory bond or other security

9 from any person claiming such property. Such bond

10 or other security shall be conditioned upon such per11 son delivering such property to the appropriate court

12 upon order thereof, without any impairment of its

13 value, or paying the monetary value of such property

14 pursuant to an order of such court. Judgment shall

15 be recoverable on such bond or other security

16 against both the principal and any sureties in the

17 event that any condition thereof is breached, as de18 termined by such court.

19 (2) Any living marine resources seized pursuant

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

21 the appropriate court, for not less than the fair mar22 ket value thereof. The proceeds of any such sale

23 shall be deposited with such court pending the dis24 position of the matter involved.
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1 (e) REBUTTABLE PRESUMPTION.—For purposes of

2 this section, all living marine resources found on board

3 a high seas fishing vessel and which are seized in connec4 tion with an act prohibited by section 106 are presumed

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

6 but the presumption can be rebutted by an appropriate

7 showing of evidence to the contrary.

8 SEC. 111. EFFECTIVE DATE.

9 This title shall take effect 120 days after the date

10 of enactment of this Act.

11 TITLE II—IMPLEMENTATION OF CONVEN12 TION ON FUTURE MULTILATERAL CO13 OPERATION IN THE NORTHWEST AT14 LANTIC FISHERIES

15 SEC. 201. SHORT TITLE.

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

17 Fisheries Convention Act of 1995’’.

18 SEC. 202. REPRESENTATION OF UNITED STATES UNDER

19 CONVENTION.

20 (a) COMMISSIONERS.—

21 (1) APPOINTMENTS, GENERALLY.—The Sec22 retary shall appoint not more than 3 individuals to

23 serve as the representatives of the United States on

24 the General Council and the Fisheries Commission,

25 who shall each—
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1 (A) be known as a ‘‘United States Com2 missioner to the Northwest Atlantic Fisheries

3 Organization’’; and

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

5 (2) REQUIREMENTS FOR APPOINTMENTS.—

6 (A) The Secretary shall ensure that of the

7 individuals serving as Commissioners—

8 (i) at least 1 is appointed from among

9 representatives of the commercial fishing

10 industry;

11 (ii) 1 (but no more than 1) is an offi12 cial of the Government; and

13 (iii) 1, other than the individual ap14 pointed under clause (ii), is a voting mem15 ber of the New England Fishery Manage16 ment Council.

17 (B) The Secretary may not appoint as a

18 Commissioner an individual unless the individ19 ual is knowledgeable and experienced concern20 ing the fishery resources to which the Conven21 tion applies.

22 (3) TERMS.—

23 (A) The term of an individual appointed as

24 a Commissioner—
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1 (i) shall be specified by the Secretary

2 at the time of appointment; and

3 (ii) may not exceed 4 years.

4 (B) An individual who is not a Government

5 official may not serve more than 2 consecutive

6 terms as a Commissioner.

7 (b) ALTERNATE COMMISSIONERS.—

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

9 any anticipated absence of a duly appointed Com10 missioner at a meeting of the General Council or the

11 Fisheries Commission, designate an individual to

12 serve as an Alternate Commissioner.

13 (2) FUNCTIONS.—An Alternate Commissioner

14 may exercise all powers and perform all duties of the

15 Commissioner for whom the Alternate Commissioner

16 is designated, at any meeting of the General Council

17 or the Fisheries Commission for which the Alternate

18 Commissioner is designated.

19 (c) REPRESENTATIVES.—

20 (1) APPOINTMENT.—The Secretary shall ap21 point not more than 3 individuals to serve as the

22 representatives of the United States on the Scientific

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

24 States Representative to the Northwest Atlantic

25 Fisheries Organization Scientific Council’’.
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1 (2) ELIGIBILITY FOR APPOINTMENT.—

2 (A) The Secretary may not appoint an in3 dividual as a Representative unless the individ4 ual is knowledgeable and experienced concern5 ing the scientific issues dealt with by the Sci6 entific Council.

7 (B) The Secretary shall appoint as a Rep8 resentative at least 1 individual who is an offi9 cial of the Government.

10 (3) TERM.—An individual appointed as a Rep11 resentative—

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

13 4 years, as specified by the Secretary at the

14 time of appointment;

15 (B) may be reappointed; and

16 (C) shall serve at the pleasure of the Sec17 retary.

18 (d) ALTERNATE REPRESENTATIVES.—

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

20 any anticipated absence of a duly appointed Rep21 resentative at a meeting of the Scientific Council,

22 designate an individual to serve as an Alternate Rep23 resentative.

24 (2) FUNCTIONS.—An Alternate Representative

25 may exercise all powers and perform all duties of the
32

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1 Representative for whom the Alternate Representa2 tive is designated, at any meeting of the Scientific

3 Council for which the Alternate Representative is

4 designated.

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

6 Alternate Commissioners, Representatives, and Alternate

7 Representatives may be accompanied at meetings of the

8 Organization by experts and advisers.

9 (f) COORDINATION AND CONSULTATION.—

10 (1) IN GENERAL.—In carrying out their func11 tions under the Convention, Commissioners, Alter12 nate Commissioners, Representatives, and Alternate

13 Representatives shall—

14 (A) coordinate with the appropriate Re15 gional Fishery Management Councils estab16 lished by section 302 of the Magnuson Act (16

17 U.S.C. 1852); and

18 (B) consult with the committee established

19 under section 208.

20 (2) RELATIONSHIP TO OTHER LAW.—The Fed21 eral Advisory Committee Act (5 U.S.C. App. § 1 et

22 seq.) shall not apply to coordination and consulta23 tions under this subsection.
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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.
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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 and the

23 Mid-Atlantic Fishery Management Councils, and private

24 institutions and organizations.

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

26 agency may—
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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-
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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-
37

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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), and

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

24 (c)) for that purpose.
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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. CONSULTATIVE COMMITTEE.

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

14 the Secretary, shall jointly establish a consultative com15 mittee to advise the Secretaries on issues related to the

16 Convention.

17 (b) MEMBERSHIP.—

18 (1) The membership of the Committee shall in19 clude representatives from the New England and

20 Mid-Atlantic Fishery Management Councils, the

21 States represented on those Councils, the Atlantic

22 States Marine Fisheries Commission, the fishing in23 dustry, the seafood processing industry, and others

24 knowledgeable and experienced in the conservation
39

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1 and management of fisheries in the Northwest At2 lantic Ocean.

3 (2) TERMS AND REAPPOINTMENT.—Each mem4 ber of the consultative committee shall serve for a

5 term of two years and shall be eligible for reappoint6 ment.

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

8 consultative committee may attend—

9 (1) all public meetings of the General Council

10 or the Fisheries Commission;

11 (2) any other meetings to which they are in12 vited by the General Council or the Fisheries Com13 mission; and

14 (3) all nonexecutive meetings of the United

15 States Commissioners.

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

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

18 not apply to the consultative committee established under

19 this section.

20 SEC. 209. ADMINISTRATIVE MATTERS.

21 (a) PROHIBITION ON COMPENSATION.—A person

22 shall not receive any compensation from the Government

23 by reason of any service of the person as—

24 (1) a Commissioner, Alternate Commissioner,

25 Representative, or Alternate Representative;
40

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1 (2) an expert or adviser authorized under sec2 tion 202(e); or

3 (3) a member of the consultative committee es4 tablished by section 208.

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

6 State shall, subject to the availability of appropriations,

7 pay all necessary travel and other expenses of persons de8 scribed in subsection (a)(1) and of not more than six ex9 perts and advisers authorized under section 202(e) with

10 respect to their actual performance of their official duties

11 pursuant to this title, in accordance with the Federal

12 Travel Regulations and sections 5701, 5702, 5704

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

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

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

16 of any service of the person in a capacity described in sub17 section (a), except for purposes of injury compensation

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

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

20 Code, respectively.

21 SEC. 210. DEFINITIONS.

22 In this title the following definitions apply:

23 (1) AUTHORIZED ENFORCEMENT OFFICER.—

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

25 person authorized to enforce this title, any regula-
41

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1 tion issued under this title, or any measure that is

2 legally binding on the United States under the Con3 vention.

4 (2) COMMISSIONER.—The term ‘‘Commis5 sioner’’ means a United States Commissioner to the

6 Northwest Atlantic Fisheries Organization appointed

7 under section 202(a).

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

9 means the Convention on Future Multilateral Co10 operation in the Northwest Atlantic Fisheries, done

11 at Ottawa on October 24, 1978.

12 (4) FISHERIES COMMISSION.—The term ‘‘Fish13 eries Commission’’ means the Fisheries Commission

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

15 of the Convention.

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

17 Council’’ means the General Council provided for by

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

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

20 Act’’ means the Magnuson Fishery Conservation and

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

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

23 means the Northwest Atlantic Fisheries Organiza24 tion provided for by Article II of the Convention.
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1 (8) PERSON.—The term ‘‘person’’ means any

2 individual (whether or not a citizen or national of

3 the United States), and any corporation, partner4 ship, association, or other entity (whether or not or5 ganized or existing under the laws of any State).

6 (9) REPRESENTATIVE.—The term ‘‘Representa7 tive’’ means a United States Representative to the

8 Northwest Atlantic Fisheries Scientific Council ap9 pointed under section 202(c).

10 (10) SCIENTIFIC COUNCIL.—The term ‘‘Sci11 entific Council’’ means the Scientific Council pro12 vided for by Articles II, VI, VII, VIII, IX, and X of

13 the Convention.

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

15 means the Secretary of Commerce.

16 SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

17 There are authorized to be appropriated to carry out

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

19 contribution to the Organization as provided in Article

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

21 years 1995, 1996, 1997 and 1998.
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1 TITLE III—ATLANTIC TUNAS CONVENTION

2 ACT

3 SEC. 301. SHORT TITLE.

4 This title may be cited as the ‘‘Atlantic Tunas Con5 vention Authorization Act of 1995’’.

6 SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

7 (a) REPORT TO CONGRESS.—The Secretary of Com8 merce shall, within 90 days after the date of enactment

9 of this Act, submit a report to the Committee on Com10 merce, Science, and Transportation of the Senate and the

11 Committee on Resources of the House of Representa12 tives—

13 (1) identifying current governmental and non14 governmental research and monitoring activities on

15 Atlantic bluefin tuna and other highly migratory

16 species;

17 (2) describing the personnel and budgetary re18 sources allocated to such activities; and

19 (3) explaining how each activity contributes to

20 the conservation and management of Atlantic bluefin

21 tuna and other highly migratory species.

22 (b) RESEARCH AND MONITORING PROGRAM.—Sec23 tion 3 of the Act of September 4, 1980 (16 U.S.C. 971i)

24 is amended—
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1 (1) by amending the section heading to read as

2 follows:

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

4 SPECIES.’’;

5 (2) by striking the last sentence;

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

7 BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com8 merce shall’’; and

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

10 ‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND

11 MONITORING.—

12 ‘‘(1) Within 6 months after the date of enact13 ment of the Atlantic Tunas Convention Authoriza14 tion Act of 1995, the Secretary of Commerce, in co15 operation with the advisory committee established

16 under section 4 of the Atlantic Tunas Convention

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

18 with the United States Commissioners on the Inter19 national Commission for the Conservation of Atlan20 tic Tunas (referred to elsewhere in this section as

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

22 develop and implement a comprehensive research

23 and monitoring program to support the conservation

24 and management of Atlantic bluefin tuna and other

25 highly migratory species that shall—
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1 ‘‘(A) identify and define the range of

2 stocks of highly migratory species in the Atlan3 tic Ocean, including Atlantic bluefin tuna; and

4 ‘‘(B) provide for appropriate participation

5 by nations which are members of the Commis6 sion.

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

8 limited to—

9 ‘‘(A) statistically designed cooperative tag10 ging studies;

11 ‘‘(B) genetic and biochemical stock analy12 ses;

13 ‘‘(C) population censuses carried out

14 through aerial surveys of fishing grounds and

15 known migration areas;

16 ‘‘(D) adequate observer coverage and port

17 sampling of commercial and recreational fishing

18 activity;

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

20 data on commercial and recreational catches

21 and landings through the use of permits,

22 logbooks, landing reports for charter operations

23 and fishing tournaments, and programs to pro24 vide reliable reporting of the catch by private

25 anglers;
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1 ‘‘(F) studies of the life history parameters

2 of Atlantic bluefin tuna and other highly migra3 tory species;

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

5 and the preparation of data bases to support

6 management decisions; and

7 ‘‘(H) other research as necessary.

8 ‘‘(3) In developing a program under this sec9 tion, the Secretary shall provide for comparable

10 monitoring of all United States fishermen to which

11 the Atlantic Tunas Convention Act applies with re12 spect to effort and species composition of catch and

13 discards. The Secretary through the Secretary of

14 State shall encourage other member nations to adopt

15 a similar program.’’.

16 SEC. 303. ADVISORY COMMITTEE PROCEDURES.

17 Section 4 of the Atlantic Tunas Convention Act of

18 1975 (16 U.S.C. 971b) is amended—

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

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

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

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

23 members designated by the advisory committee may hold

24 meetings to provide for public participation and to discuss
47

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1 measures relating to the United States implementation of

2 Commission recommendations.

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

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

5 ‘‘(3) The advisory committee shall meet at appro6 priate times and places at least twice a year, at the call

7 of the Chairman or upon the request of the majority of

8 its voting members, the United States Commissioners, the

9 Secretary, or the Secretary of State. Meetings of the advi10 sory committee shall be open to the public, and prior no11 tice of meetings shall be made public in a timely fashion.

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

13 committee in a timely manner such administrative and

14 technical support services as are necessary for the effective

15 functioning of the committee.

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

17 furnish the advisory committee with relevant information

18 concerning fisheries and international fishery agreements.

19 ‘‘(5) The advisory committee shall determine its orga20 nization, and prescribe its practices and procedures for

21 carrying out its functions under this Act, the Magnuson

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

23 1801 et seq.), and the Convention. The advisory commit24 tee shall publish and make available to the public a state25 ment of its organization, practices, and procedures.
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1 ‘‘(6) The advisory committee shall, to the maximum

2 extent practicable, consist of an equitable balance among

3 the various groups concerned with the fisheries covered by

4 the Convention and shall not be subject to the Federal

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

6 SEC. 304. REGULATIONS.

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

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

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

10 sentence.

11 SEC. 305. FINES AND PERMIT SANCTIONS.

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

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

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

15 308 of the Magnuson Fishery Conservation and Manage16 ment Act (16 U.S.C. 1858) are hereby made applicable

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

18 section 307 of that Act.’’.

19 SEC. 306. AUTHORIZATION OF APPROPRIATIONS.

20 Section 10 of the Atlantic Tunas Convention Act of

21 1975 (16 U.S.C. 971h) is amended to read as follows:

22 ‘‘§ 10. Authorization of appropriations

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

24 this Act, including use for payment of the United States
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1 share of the joint expenses of the Commission as provided

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

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

4 $50,000 are authorized in the aggregate for the ad5 visory committee established under section 4 and the

6 species working groups established under section 4A,

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

8 under this Act.

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

10 $62,000 are authorized in the aggregate for such

11 advisory committee and such working groups, and

12 $2,500,000 are authorized for such research activi13 ties.

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

15 $75,000 are authorized in the aggregate for such

16 advisory committee and such working groups, and

17 $2,500,000 are authorized for such research activi18 ties.’’.

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

20 $75,000 are authorized in the aggregate for such

21 advisory committee and such working groups, and

22 $2,500,000 are authorized for such research activi23 ties.’’.
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1 SEC. 307. REPORT AND CERTIFICATION.

2 The Atlantic Tuna Convention Act of 1975 (16

3 U.S.C. 971 et seq.) is amended by adding at the end there4 of the following:

5 ‘‘§ 11. Annual report

6 ‘‘Not later than April 1, 1996, and annually there7 after, the Secretary shall prepare and transmit to the

8 Committee on Resources of the House of Representatives

9 and the Committee on Commerce, Science, and Transpor10 tation of the Senate a report, that—

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

12 catches and exports to the United States of highly

13 migratory species (including tunas, swordfish, marlin

14 and sharks) from nations fishing on Atlantic stocks

15 of such species that are subject to management by

16 the Commission;

17 ‘‘(2) identifies those fishing nations whose har18 vests are inconsistent with conservation and manage19 ment recommendations of the Commission;

20 ‘‘(3) describes reporting requirements estab21 lished by the Secretary to ensure that imported fish

22 products are in compliance with all international

23 management measures, including minimum size re24 quirements, established by the Commission and

25 other international fishery organizations to which

26 the United States is a party; and
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1 ‘‘(4) describes actions taken by the Secretary

2 under section 12.

3 ‘‘§ 12. Certification

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

5 nation are harvesting fish which are subject to regulation

6 pursuant to a recommendation of the Commission and

7 which were taken from the convention area in a manner

8 or under circumstances which would tend to diminish the

9 effectiveness of the conservation recommendations of the

10 Commission, the Secretary shall certify such fact to the

11 President.

12 ‘‘(b) Such certification shall be deemed to be a certifi13 cation for the purposes of section 8 of the Fishermen’s

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

15 ‘‘(c) Upon certification under subsection (a), the Sec16 retary shall promulgate regulations under section 6(c)(4)

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

18 SEC. 308. MANAGEMENT OF YELLOWFIN TUNA.

19 (a) Not later than 90 days after the date of the enact20 ment of this act, the Secretary of Commerce in accordance

21 with this section shall publish a preliminary determination

22 of the level of the United States recreational and commer23 cial catch of yellowfin tuna on an annual basis since 1980.

24 The Secretary shall publish a preliminary determination

25 in the Federal Register for comment for a period not to
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1 exceed 60 days. The Secretary shall publish a final deter2 mination not later than 140 days from the date of the

3 enactment of this section.

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

5 Commerce shall implement the recommendations of Inter6 national Commission for the Conservation of Atlantic

7 Tunas regarding yellowfin tuna.

8 TITLE IV—FISHERMEN’S PROTECTIVE ACT

9 SEC. 401. FINDINGS.

10 The Congress finds that—

11 (1) customary international law and the United

12 Nations Convention on the Law of the Sea guaran13 tee the right of passage, including innocent passage,

14 to vessels through the waters commonly referred to

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

16 Canada;

17 (2) Canada recently required all commercial

18 fishing vessels of the United States to pay 1,500 Ca19 nadian dollars to obtain a ‘‘license which authorizes

20 transit’’ through the Inside Passage;

21 (3) this action was inconsistent with inter22 national law, including the United Nations Conven23 tion on the Law of the Sea, and, in particular, Arti24 cle 26 of that Convention, which specifically pro25 hibits such fees, and threatened the safety of United
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1 States commercial fishermen who sought to avoid

2 the fee by traveling in less protected waters;

3 (4) the Fishermen’s Protective Act of 1967 pro4 vides for the reimbursement of vessel owners who

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

6 of a vessel which has been seized, but does not per7 mit reimbursement of a fee paid by the owner in ad8 vance in order to prevent a seizure;

9 (5) Canada required that the license fee be paid

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

11 or in advance by mail;

12 (6) significant expense and delay was incurred

13 by commercial fishing vessels of the United States

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

15 one of those ports in order to pay the license fee re16 quired by Canada, and the costs of that travel and

17 delay cannot be reimbursed under the Fishermen’s

18 Protective Act;

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

20 should be amended to permit vessel owners to be re21 imbursed for fees required by a foreign government

22 to be paid in advance in order to navigate in the wa23 ters of that foreign country if the United States con24 siders that fee to be inconsistent with international

25 law;
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1 (8) the Secretary of State should seek to re2 cover from Canada any amounts paid by the United

3 States to reimburse vessel owners who paid the tran4 sit license fee;

5 (9) the United States should review its current

6 policy with respect to anchorage by commercial fish7 ing vessels of Canada in waters of the United States

8 off Alaska, including waters in and near the Dixon

9 Entrance, and should accord such vessels the same

10 treatment that commercial fishing vessels of the

11 United States are accorded for anchorage in the wa12 ters of Canada off British Columbia;

13 (10) the President should ensure that, consist14 ent with international law, the United States Coast

15 Guard has available adequate resources in the Pa16 cific Northwest and Alaska to provide for the safety

17 of United States citizens, the enforcement of United

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

19 States and keep the peace among vessels operating

20 in disputed waters;

21 (11) the President should continue to review all

22 agreements between the United States and Canada

23 to identify other actions that may be taken to con24 vince Canada that any reinstatement of the transit

25 license fee would be against Canada’s long-term in-
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1 terests, and should immediately implement any ac2 tions which the President deems appropriate if Can3 ada reinstates the fee;

4 (12) the President should continue to imme5 diately convey to Canada in the strongest terms that

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

7 the future, tolerate any action by Canada which

8 would impede or otherwise restrict the right of pas9 sage of vessels of the United States in a manner in10 consistent with international law; and

11 (13) the United States should redouble its ef12 forts to seek expeditious agreement with Canada on

13 appropriate fishery conservation and management

14 measures that can be implemented through the Pa15 cific Salmon Treaty to address issues of mutual con16 cern.

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

18 ACT OF 1967.

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

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

21 the following new section:

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

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

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

25 country to engage in transit passage between points in the
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1 United States (including a point in the exclusive economic

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

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

4 inconsistent with international law, the Secretary of State

5 shall reimburse the vessel owner for the amount of any

6 such fee paid under protest.

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

8 shall provide, together with such other information as the

9 Secretary of State may require—

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

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

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

13 ‘‘(3) a copy of the vessel’s certificate of docu14 mentation.

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

16 Secretary of State within 120 days after the date of pay17 ment of the fee, or within 90 days after the date of enact18 ment of this section, whichever is later.

19 ‘‘(d) such funds as may be necessary to meet the re20 quirements of this section may be made available from the

21 unobligated balances of previously appropriated funds re22 maining in the Fishermen’s Guaranty Fund established

23 under section 7 and the Fishermen’s Protective Fund es24 tablished under section 9. To the extent that requests for

25 reimbursement under this section exceed such funds, there
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1 are authorized to be appropriated such sums as may be

2 needed for reimbursements authorized under subsection

3 (a).

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

5 as the Secretary deems appropriate to make and collect

6 claims against the foreign country imposing such fee for

7 any amounts reimbursed under this section.

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

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

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

11 1, 1996.’’.

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

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

14 end the following:

15 ‘‘Sec. 12. (a) If the Secretary of State finds that the

16 government of any nation imposes conditions on the oper17 ation or transit of United States fishing vessels which the

18 United States regards as being inconsistent with inter19 national law or an international agreement, the Secretary

20 of State shall certify that fact to the President.

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

22 (a), the President shall direct the heads of Federal agen23 cies to impose similar conditions on the operation or tran24 sit of fishing vessels registered under the laws of the na-
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1 tion which has imposed conditions on United States fish2 ing vessels.

3 ‘‘(c) For the purposes of this section, the term ‘fish4 ing vessel’ has the meaning given that term in section

5 2101(11a) of title 46, United States Code.

6 ‘‘(d) It is the sense of the Congress that any action

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

8 be commensurate with any conditions certified by the Sec9 retary of State under subsection (a).’’.

10 SEC. 403. REAUTHORIZATION.

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

12 1967 (22 U.S.C. 1977(c)) is amended by striking the third

13 sentence.

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

15 1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘Octo16 ber 1, 1993’’ and inserting ‘‘October 1, 2000’’.

17 SEC. 404. TECHNICAL CORRECTIONS.

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

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

20 1, 1994,’’.

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

22 effective on and after April 30, 1994.

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

24 U.S.C. 5002(13)(C)) is amended to read as follows:
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1 ‘‘(C) any vessel supporting a vessel de2 scribed in subparagraph (A) or (B).’’.

3 TITLE V—FISHERIES ENFORCEMENT IN

4 CENTRAL SEA OF OKHOTSK

5 SEC. 501. SHORT TITLE.

6 This title may be cited as the ‘‘Sea of Okhotsk Fish7 eries Enforcement Act of 1995’’.

8 SEC. 502. FISHING PROHIBITION.

9 (a) ADDITION OF CENTRAL SEA OF OKHOTSK.—Sec10 tion 302 of the Central Bering Sea Fisheries Enforcement

11 Act of 1992 (16 U.S.C. 1823 note) is amended by insert12 ing ‘‘and the Central Sea of Okhotsk’’ after ‘‘Central Ber13 ing Sea’’.

14 (b) DEFINITION.—Section 306 of such Act is amend15 ed—

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

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

18 (7), respectively; and

19 (2) by inserting after paragraph (1) the follow20 ing:

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

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

23 Okhotsk area which is more than two hundred nau24 tical miles seaward of the baseline from which the
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1 breadth of the territorial sea of the Russian Federa2 tion is measured.’’.

3 TITLE VI—DRIFTNET MORATORIUM

4 SEC 601. SHORT TITLE.

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

6 Fishing Moratorium Protection Act’’.

7 SEC. 602. FINDINGS.

8 The Congress finds that—

9 (1) Congress has enacted and the President has

10 signed into law numerous Acts to control or prohibit

11 large-scale driftnet fishing both within the jurisdic12 tion of the United States and beyond the exclusive

13 economic zone of any nation, including the Driftnet

14 Impact Monitoring, Assessment, and Control Act of

15 1987 (title IV, Public Law 100–220), the Driftnet

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

17 and the High Seas Driftnet Fisheries Enforcement

18 Act (title I, Public Law 102–582);

19 (2) the United States is a party to the Conven20 tion for the Prohibition of Fishing with Long

21 Driftnets in the South Pacific, also known as the

22 Wellington Convention;

23 (3) the General Assembly of the United Nations

24 has adopted three resolutions and three decisions

25 which established and reaffirm a global moratorium
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1 on large-scale driftnet fishing on the high seas, be2 ginning with Resolution 44/225 in 1989 and most

3 recently in Decision 48/445 in 1993;

4 (4) the General Assembly of the United Nations

5 adopted these resolutions and decisions at the re6 quest of the United States and other concerned na7 tions;

8 (5) the best scientific information demonstrates

9 the wastefulness and potentially destructive impacts

10 of large-scale driftnet fishing on living marine re11 sources and seabirds; and

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

13 General Assembly calls on all nations, both individ14 ually and collectively, to prevent large-scale driftnet

15 fishing on the high seas.

16 SEC. 603. PROHIBITION.

17 The United States, or any agency or official acting

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

19 international agreement with respect to the conservation

20 and management of living marine resources or the use of

21 the high seas by fishing vessels that would prevent full

22 implementation of the global moratorium on large-scale

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

24 expressed in Resolution 46/215 of the United Nations

25 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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