In the Senate of the United States,

June 30 (legislative day, June 19), 1995.

Resolved, That the bill from the House of Representatives (H.R. 716) entitled ‘‘An Act to amend the Fishermen’s

Protective Act’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Fisheries Act of 1995’’.

3 SEC. 2. TABLE OF CONTENTS.

4 The Table of contents for this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—HIGH SEAS FISHING COMPLIANCE

Sec. 101. Short title.

Sec. 102. Purpose.

Sec. 103. Definitions.

Sec. 104. Permitting.

Sec. 105. Responsibilities of the Secretary.

Sec. 106. Unlawful activities.

Sec. 107. Enforcement provisions.

Sec. 108. Civil penalties and permit sanctions.

Sec. 109. Criminal offenses.

Sec. 110. Forfeitures.

Sec. 111. Effective date.
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TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

Sec. 201. Short title.

Sec. 202. Representation of United States under convention.

Sec. 203. Requests for scientific advice.

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

Sec. 205. Interagency cooperation.

Sec. 206. Rulemaking.

Sec. 207. Prohibited acts and penalties.

Sec. 208. Consultative committee.

Sec. 209. Administrative matters.

Sec. 210. Definitions.

Sec. 211. Authorization of appropriations.

TITLE III—ATLANTIC TUNAS CONVENTION ACT

Sec. 301. Short title.

Sec. 302. Research and monitoring activities.

Sec. 303. Definitions.

Sec. 304. Advisory committee procedures.

Sec. 305. Regulations and enforcement of Convention.

Sec. 306. Fines and permit sanctions.

Sec. 307. Authorization of appropriations.

Sec. 308. Report and savings clause.

Sec. 309. Management and Atlantic yellowfin tuna.

Sec. 310. Study of bluefin tuna regulations.

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

TITLE IV—FISHERMEN’S PROTECTIVE ACT

Sec. 401. Findings.

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

Sec. 403. Reauthorization.

Sec. 404. Technical corrections.

TITLE V—FISHERIES ENFORCEMENT IN CENTRAL SEA OF

OKHOTSK

Sec. 501. Short title.

Sec. 502. Fishing prohibition.

TITLE VI—DRIFTNET MORATORIUM

Sec. 601. Short title.

Sec. 602. Findings.

Sec. 603. Prohibition.

Sec. 604. Negotiations.

Sec. 605. Certification.

Sec. 606. Enforcement.

TITLE VII—YUKON RIVER SALMON ACT

Sec. 701. Short title.

Sec. 702. Purposes.

Sec. 703. Definitions.

Sec. 704. Panel.
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Sec. 705. Advisory committee.

Sec. 706. Exemption.

Sec. 707. Authority and responsibility.

Sec. 708. Continuation of agreement.

Sec. 709. Administrative matters.

Sec. 710. Authorization of appropriations.

TITLE VIII—MISCELLANEOUS

Sec. 801. South Pacific tuna amendment.

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

1 TITLE I—HIGH SEAS FISHING COMPLIANCE

2 SEC. 101. SHORT TITLE.

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

4 Compliance Act of 1995’’.

5 SEC. 102. PURPOSE.

6 It is the purpose of this Act—

7 (1) to implement the Agreement to Promote

8 Compliance with International Conservation and

9 Management Measures by Fishing Vessels on the High

10 Seas, adopted by the Conference of the Food and Agri11 culture Organization of the United Nations on No12 vember 24, 1993; and

13 (2) to establish a system of permitting, report14 ing, and regulation for vessels of the United States

15 fishing on the high seas.

16 SEC. 103. DEFINITIONS.

17 As used in this Act—

18 (1) The term ‘‘Agreement’’ means the Agreement

19 to Promote Compliance with International Conserva20 tion and Management Measures by Fishing Vessels on
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1 the High Seas, adopted by the Conference of the Food

2 and Agriculture Organization of the United Nations

3 on November 24, 1993.

4 (2) The term ‘‘FAO’’ means the Food and Agri5 culture Organization of the United Nations.

6 (3) The term ‘‘high seas’’ means the waters be7 yond the territorial sea or exclusive economic zone (or

8 the equivalent) of any nation, to the extent that such

9 territorial sea or exclusive economic zone (or the

10 equivalent) is recognized by the United States.

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

12 any vessel of the United States used or intended for

13 use—

14 (A) on the high seas;

15 (B) for the purpose of the commercial ex16 ploitation of living marine resources; and

17 (C) as a harvesting vessel, as a mother ship,

18 or as any other support vessel directly engaged

19 in a fishing operation.

20 (5) The term ‘‘international conservation and

21 management measures’’ means measures to conserve

22 or manage one or more species of living marine re23 sources that are adopted and applied in accordance

24 with the relevant rules of international law, as re25 flected in the 1982 United Nations Convention on the
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1 Law of the Sea, and that are recognized by the Unit2 ed States. Such measures may be adopted by global,

3 regional, or sub-regional fisheries organizations, sub4 ject to the rights and obligations of their members, or

5 by treaties or other international agreements.

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 length

9 on a waterline at 85 percent of the least molded

10 depth measured from the top of the keel, or the

11 length from the foreside of the stem to the axis

12 of the rudder stock on that waterline, if that is

13 greater, except that in ships designed with a rake

14 of keel the waterline on which this length is

15 measured shall be parallel to the designed water16 line; and

17 (B) for any high seas fishing vessel built be18 fore July 18, 1982, registered length as entered

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

2 government.

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

4 Commerce.

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

6 means—

7 (A) a vessel documented under chapter 121

8 of title 46, United States Code, or numbered in

9 accordance with chapter 123 of title 46, United

10 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, com22 monwealth, or possession of the United

23 States; unless the vessel has been granted the

24 nationality of a foreign nation in accord25 ance with article 92 of the 1982 United Na-
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1 tions Convention on the Law of the Sea and

2 a claim of nationality or registry for the

3 vessel is made by the master or individual

4 in charge at the time of the enforcement ac5 tion by an officer or employee of the United

6 States authorized to enforce applicable pro7 visions of the United States law; and

8 (C) a vessel that was once documented

9 under the laws of the United States and, in vio10 lation of the laws of the United States, was ei11 ther sold to a person not a citizen of the United

12 States or placed under foreign registry or a for13 eign flag, whether or not the vessel has been

14 granted the nationality of a foreign nation.

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

16 of the United States’’ and ‘‘vessel without national17 ity’’ have the same meaning as in section 3(c) of the

18 Maritime Drug Law Enforcement Act (46 U.S.C.

19 1903(c)).

20 SEC. 104. PERMITTING.

21 (a) IN GENERAL.—No high seas fishing vessel shall en22 gage in harvesting operations on the high seas unless the

23 vessel has on board a valid permit issued under this section.

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

2 receive a permit under this section, unless the vessel

3 was previously authorized to be used for fishing on

4 the high seas by a foreign nation, and

5 (A) the foreign nation suspended such au6 thorization because the vessel undermined the ef7 fectiveness of international conservation and

8 management measures, and the suspension has

9 not expired; or

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

11 years preceding application for a permit under

12 this section, withdrew such authorization because

13 the vessel undermined the effectiveness of inter14 national conservation and management meas15 ures.

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

17 apply if ownership of the vessel has changed since the

18 vessel undermined the effectiveness of international

19 conservation and management measures, and the new

20 owner has provided sufficient evidence to the Sec21 retary demonstrating that the previous owner or oper22 ator has no further legal, beneficial or financial inter23 est in, or control of, the vessel.

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

25 apply if the Secretary makes a determination that is-
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1 suing a permit would not subvert the purposes of the

2 Agreement.

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

4 vessel unless the Secretary is satisfied that the United

5 States will be able to exercise effectively its respon6 sibilities under the Agreement with respect to that

7 vessel.

8 (c) APPLICATION.—

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

10 vessel may apply for a permit under this section by

11 completing an application form prescribed by the Sec12 retary.

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 vessel’s

20 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 re2 quires for the purposes of implementing the

3 Agreement.

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

5 conditions and restrictions on each permit issued under this

6 section as are necessary and appropriate to carry out the

7 obligations of the United States under the Agreement, in8 cluding 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 reg12 ulations issued under section 305 of the Magnuson

13 Fishery Conservation and Management Act (16

14 U.S.C. 1855); and

15 (2) The permit holder shall report such informa16 tion as the Secretary by regulation requires, includ17 ing area of fishing operations and catch statistics.

18 The Secretary shall promulgate regulations concern19 ing conditions under which information submitted

20 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 permits issued under

24 this section. The amount of any fee charged for a per25 mit issued under this section shall not exceed the ad-
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1 ministrative costs incurred in issuing such permits.

2 The permitting fee may be in addition to any fee re3 quired under any regional permitting regime applica4 ble to high seas fishing vessels.

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

6 collected and credited to the Operations, Research and

7 Facilities account of the National Oceanic and At8 mospheric Administration. Fees collected under this

9 subsection shall be available for the necessary expenses

10 of the National Oceanic and Atmospheric Administra11 tion in implementing this Act, and shall remain

12 available until expended.

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

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

15 in the event the vessel is no longer eligible for United States

16 documentation, such documentation is revoked or denied,

17 or the vessel is deleted from such documentation.

18 SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

19 (a) RECORD.—The Secretary shall maintain an auto20 mated file or record of high seas fishing vessels issued per21 mits under section 104, including all information submitted

22 under section 104(c)(2).

23 (b) INFORMATION TO FAO.—The Secretary, in co24 operation with the Secretary of State and the Secretary of
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1 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 (a);

5 (2) promptly notify FAO of changes in such in6 formation;

7 (3) promptly notify FAO of additions to or dele8 tions from the record, and the reason for any deletion;

9 (4) convey to FAO information relating to any

10 permit granted under section 104(b)(3), including the

11 vessel’s identity, owner or operator, and factors rel12 evant to the Secretary’s determination to issue the

13 permit;

14 (5) report promptly to FAO all relevant infor15 mation regarding any activities of high seas fishing

16 vessels that undermine the effectiveness of inter17 national conservation and management measures, in18 cluding the identity of the vessels and any sanctions

19 imposed; and

20 (6) provide the FAO a summary of evidence re21 garding any activities of foreign vessels that under22 mine the effectiveness of international conservation

23 and management measures.

24 (c) INFORMATION TO FLAG NATIONS.—If the Sec25 retary, in cooperation with the Secretary of State and the
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1 Secretary of the department in which the Coast Guard is

2 operating, has reasonable grounds to believe that a foreign

3 vessel has engaged in activities undermining the effective4 ness of international conservation and management meas5 ures, the Secretary shall—

6 (1) provide to the flag nation information, in7 cluding appropriate evidentiary material, relating to

8 those activities; and

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

10 United States port, promptly notify the flag nation

11 and, if requested by the flag nation, make arrange12 ments to undertake such lawful investigatory meas13 ures as may be considered necessary to establish

14 whether the vessel has been used contrary to the provi15 sions of the Agreement.

16 (d) REGULATIONS.—The Secretary, after consultation

17 with the Secretary of State and the Secretary of the depart18 ment in which the Coast Guard is operating, may promul19 gate such regulations, in accordance with section 553 of title

20 5, United States Code, as may be necessary to carry out

21 the purposes of the Agreement and this title. The Secretary

22 shall coordinate such regulations with any other entities

23 regulating high seas fishing vessels, in order to minimize

24 duplication of permit application and reporting require25 ments. To the extent practicable, such regulations shall also
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1 be consistent with regulations implementing fishery man2 agement plans under the Magnuson Fishery Conservation

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

4 (e) NOTICE OF INTERNATIONAL CONSERVATION AND

5 MANAGEMENT MEASURES.—The Secretary, in consultation

6 with the Secretary of State, shall publish in the Federal

7 Register, from time to time, a notice listing international

8 conservation and management measures recognized by the

9 United States.

10 SEC. 106. UNLAWFUL ACTIVITIES.

11 It is unlawful for any person subject to the jurisdiction

12 of the United States—

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

14 seas in contravention of international conservation

15 and management measures described in section

16 105(e);

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

18 seas, unless the vessel has on board a valid permit is19 sued under section 104;

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

21 of the conditions or restrictions of a permit issued

22 under section 104;

23 (4) to falsify any information required to be re24 ported, communicated, or recorded pursuant to this

25 title or any regulation issued under this title, or to
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1 fail to submit in a timely fashion any required infor2 mation, or to fail to report to the Secretary imme3 diately any change in circumstances that has the ef4 fect of rendering any such information false, incom5 plete, or misleading;

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

7 board a high seas fishing vessel subject to such per8 son’s control for purposes of conducting any search or

9 inspection in connection with the enforcement of this

10 title or any regulation issued under this title;

11 (6) to forcibly assault, resist, oppose, impede, in12 timidate, or interfere with an authorized officer in the

13 conduct of any search or inspection described in

14 paragraph (5);

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

16 act prohibited by this section;

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

18 means, the apprehension, arrest, or detection of an19 other person, knowing that such person has committed

20 any act prohibited by this section;

21 (9) to ship, transport, offer for sale, sell, pur22 chase, import, export, or have custody, control, or pos23 session of, any living marine resource taken or re24 tained in violation of this title or any regulation or

25 permit issued under this title; or
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1 (10) to violate any provision of this title or any

2 regulation or permit issued under this title.

3 SEC. 107. ENFORCEMENT PROVISIONS.

4 (a) DUTIES OF SECRETARIES.—This title shall be en5 forced by the Secretary of Commerce and the Secretary of

6 the department in which the Coast Guard is operating.

7 Such Secretaries may by agreement utilize, on a reimburs8 able basis or otherwise, the personnel, services, equipment

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

10 Federal agency, or of any State agency, in the performance

11 of such duties. Such Secretaries shall, and the head of any

12 Federal or State agency that has entered into an agreement

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

14 agreement so provides), authorize officers to enforce the pro15 visions of this title or any regulation or permit issued under

16 this title.

17 (b) DISTRICT COURT JURISDICTION.—The district

18 courts of the United States shall have exclusive jurisdiction

19 over any case or controversy arising under the provisions

20 of this title. In the case of Guam, and any Commonwealth,

21 territory, or possession of the United States in the Pacific

22 Ocean, the appropriate court is the United States District

23 Court for the District of Guam, except that in the case of

24 American Samoa, the appropriate court is the United

25 States District Court for the District of Hawaii.
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1 (c) POWERS OF ENFORCEMENT OFFICERS.—

2 (1) Any officer who is authorized under sub3 section (a) to enforce the provisions of this title

4 may—

5 (A) with or without a warrant or other

6 process—

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

8 reasonable cause to believe that such person

9 has committed an act prohibited by para10 graph (6), (7), (8), or (9) of section 106;

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

12 high seas fishing vessel;

13 (iii) seize any high seas fishing vessel

14 (together with its fishing gear, furniture,

15 appurtenances, stores, and cargo) used or

16 employed in, or with respect to which it

17 reasonably appears that such vessel was

18 used or employed in, the violation of any

19 provision of this title or any regulation or

20 permit issued under this title;

21 (iv) seize any living marine resource

22 (wherever found) taken or retained, in any

23 manner, in connection with or as a result

24 of the commission of any act prohibited by

25 section 106;
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1 (v) seize any other evidence related to

2 any violation of any provision of this title

3 or any regulation or permit issued under

4 this title;

5 (B) execute any warrant or other process is6 sued by any court of competent jurisdiction; and

7 (C) exercise any other lawful authority.

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

9 person charged with law enforcement responsibilities

10 by the Secretary who is performing a duty related to

11 enforcement of a law regarding fisheries or other ma12 rine resources may make an arrest without a warrant

13 for an offense against the United States committed in

14 his presence, or for a felony cognizable under the laws

15 of the United States, if he has reasonable grounds to

16 believe that the person to be arrested has committed

17 or is committing a felony.

18 (d) ISSUANCE OF CITATIONS.—If any authorized offi19 cer finds that a high seas fishing vessel is operating or has

20 been operated in violation of any provision of this title, such

21 officer may issue a citation to the owner or operator of such

22 vessel in lieu of proceeding under subsection (c). If a permit

23 has been issued pursuant to this title for such vessel, such

24 officer shall note the issuance of any citation under this

25 subsection, including the date thereof and the reason there-
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1 for, on the permit. The Secretary shall maintain a record

2 of all citations issued pursuant to this subsection.

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

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

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

6 maintenance of any living marine resource or other prop7 erty seized in connection with the violation.

8 SEC. 108. CIVIL PENALTIES AND PERMIT SANCTIONS.

9 (a) CIVIL PENALTIES.—

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

11 after notice and opportunity for a hearing in accord12 ance with section 554 of title 5, United States Code,

13 to have committed an act prohibited by section 106

14 shall be liable to the United States for a civil penalty.

15 The amount of the civil penalty shall not exceed

16 $100,000 for each violation. Each day of a continuing

17 violation shall constitute a separate offense. The

18 amount of such civil penalty shall be assessed by the

19 Secretary by written notice. In determining the

20 amount of such penalty, the Secretary shall take into

21 account the nature, circumstances, extent, and gravity

22 of the prohibited acts committed and, with respect to

23 the violation, the degree of culpability, any history of

24 prior offenses, and such other matters as justice may

25 require.
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1 (2) The Secretary may compromise, modify, or

2 remit, with or without conditions, any civil penalty

3 that is subject to imposition or that has been imposed

4 under this section.

5 (b) PERMIT SANCTIONS.—

6 (1) In any case in which—

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

8 used in the commission of an act prohibited

9 under section 106;

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

11 other person who has been issued or has applied

12 for a permit under section 104 has acted in vio13 lation of section 106; or

14 (C) any amount in settlement of a civil for15 feiture imposed on a high seas fishing vessel or

16 other property, or any civil penalty or criminal

17 fine imposed on a high seas fishing vessel or on

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

19 other person who has been issued or has applied

20 for a permit under any fishery resource statute

21 enforced by the Secretary, has not been paid and

22 is overdue, the Secretary may—

23 (i) revoke any permit issued to or ap24 plied for by such vessel or person under this
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1 title, with or without prejudice to the issu2 ance of subsequent permits;

3 (ii) suspend such permit for a period

4 of time considered by the Secretary to be

5 appropriate;

6 (iii) deny such permit; or

7 (iv) impose additional conditions and

8 restrictions on such permit.

9 (2) In imposing a sanction under this sub10 section, the Secretary shall take into account—

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

12 gravity of the prohibited acts for which the sanc13 tion is imposed; and

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

15 of culpability, any history of prior offenses, and

16 such other matters as justice may require.

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

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

19 permit sanction that is in effect or is pending at the

20 time of transfer of ownership. Before executing the

21 transfer of ownership of a vessel, by sale or otherwise,

22 the owner shall disclose in writing to the prospective

23 transferee the existence of any permit sanction that

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

25 at the time of the transfer. The Secretary may waive
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1 or compromise a sanction in the case of a transfer

2 pursuant to court order.

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

4 under this subsection for nonpayment of a civil pen5 alty or criminal fine, the Secretary shall reinstate the

6 permit upon payment of the penalty or fine and in7 terest thereon at the prevailing rate.

8 (5) No sanctions shall be imposed under this sub9 section unless there has been prior opportunity for a

10 hearing on the facts underlying the violation for

11 which the sanction is imposed, either in conjunction

12 with a civil penalty proceeding under this section or

13 otherwise.

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

15 hearing under this section, the Secretary may issue subpoe16 nas for the attendance and testimony of witnesses and the

17 production of relevant papers, books, and documents, and

18 may administer oaths. Witnesses summoned shall be paid

19 the same fees and mileage that are paid to witnesses in the

20 courts of the United States. In case of contempt or refusal

21 to obey a subpoena served upon any person pursuant to

22 this subsection, the district court of the United States for

23 any district in which such person is found, resides, or

24 transacts business, upon application by the United States

25 and after notice to such person, shall have jurisdiction to
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1 issue an order requiring such person to appear and give

2 testimony before the Secretary or to appear and produce

3 documents before the Secretary, or both, and any failure

4 to obey such order of the court may be punished by such

5 court as a contempt thereof.

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

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

8 whose vessel a permit sanction is imposed under subsection

9 (b) (other than a permit suspension for nonpayment of pen10 alty or fine) may obtain review thereof in the United States

11 district court for the appropriate district by filing a com12 plaint against the Secretary in such court within 30 days

13 from the date of such penalty or sanction. The Secretary

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

15 record upon which such penalty or sanction was imposed,

16 as provided in section 2112 of title 28, United States Code.

17 The findings and order of the Secretary shall be set aside

18 by such court if they are not found to be supported by sub19 stantial evidence, as provided in section 706(2) of title 5,

20 United States Code.

21 (e) COLLECTION.—

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

23 a civil penalty after it has become a final and

24 unappealable order, or after the appropriate court has

25 entered final judgment in favor of the Secretary, the
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1 matter shall be referred to the Attorney General, who

2 shall recover the amount assessed in any appropriate

3 district court of the United States. In such action the

4 validity and appropriateness of the final order impos5 ing the civil penalty shall not be subject to review.

6 (2) A high seas fishing vessel (including its fish7 ing gear, furniture, appurtenances, stores, and cargo)

8 used in the commission of an act prohibited by sec9 tion 106 shall be liable in rem for any civil penalty

10 assessed for such violation under subsection (a) and

11 may be proceeded against in any district court of the

12 United States having jurisdiction thereof. Such pen13 alty shall constitute a maritime lien on such vessel

14 that may be recovered in an action in rem in the dis15 trict court of the United States having jurisdiction

16 over the vessel.

17 SEC. 109. CRIMINAL OFFENSES.

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

19 person commits any act prohibited by paragraph (6), (7),

20 (8), or (9) of section 106.

21 (b) PUNISHMENT.—Any offense described in subsection

22 (a) is a class A misdemeanor punishable by a fine under

23 title 18, United States Code, or imprisonment for not more

24 than one year, or both; except that if in the commission

25 of any offense the person uses a dangerous weapon, engages
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1 in conduct that causes bodily injury to any authorized offi2 cer, or places any such officer in fear of imminent bodily

3 injury, the offense is a felony punishable by a fine under

4 title 18, United States Code, or imprisonment for not more

5 than 10 years, or both.

6 SEC. 110. FORFEITURES.

7 (a) IN GENERAL.—Any high seas fishing vessel (in8 cluding its fishing gear, furniture, appurtenances, stores,

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

10 fair market value thereof) taken or retained, in any man11 ner, in connection with or as a result of the commission

12 of any act prohibited by section 106 (other than an act for

13 which the issuance of a citation under section 107 is a suffi14 cient sanction) shall be subject to forfeiture to the United

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

16 marine resources (or the fair market value thereof) shall,

17 be forfeited to the United States pursuant to a civil proceed18 ing under this section.

19 (b) JURISDICTION OF DISTRICT COURTS.—Any dis20 trict court of the United States shall have jurisdiction, upon

21 application of the Attorney General on behalf of the United

22 States, to order any forfeiture authorized under subsection

23 (a) and any action provided for under subsection (d).

24 (c) JUDGMENT.—If a judgment is entered for the Unit25 ed States in a civil forfeiture proceeding under this section,
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1 the Attorney General may seize any property or other inter2 est declared forfeited to the United States, which has not

3 previously been seized pursuant to this title or for which

4 security has not previously been obtained. The provisions

5 of the customs laws relating to—

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

7 property for violation of the customs law;

8 (2) the disposition of such property or the pro9 ceeds from the sale thereof; and

10 (3) the remission or mitigation of any such for11 feiture;

12 shall apply to seizures and forfeitures incurred, or alleged

13 to have been incurred, under the provisions of this title, un14 less such provisions are inconsistent with the purposes, pol15 icy, and provisions of this title.

16 (d) PROCEDURE.—

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

18 rem that is issued by a court under section 107(b)

19 shall—

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

21 (B) discharge any living marine resources

22 seized pursuant to such process;

23 upon receipt of a satisfactory bond or other security

24 from any person claiming such property. Such bond

25 or other security shall be conditioned upon such per-
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1 son delivering such property to the appropriate court

2 upon order thereof, without any impairment of its

3 value, or paying the monetary value of such property

4 pursuant to an order of such court. Judgment shall

5 be recoverable on such bond or other security against

6 both the principal and any sureties in the event that

7 any condition thereof is breached, as determined by

8 such court.

9 (2) Any living marine resources seized pursuant

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

11 appropriate court, for not less than the fair market

12 value thereof. The proceeds of any such sale shall be

13 deposited with such court pending the disposition of

14 the matter involved.

15 (e) REBUTTABLE PRESUMPTION.—For purposes of this

16 section, all living marine resources found on board a high

17 seas fishing vessel and which are seized in connection with

18 an act prohibited by section 106 are presumed to have been

19 taken or retained in violation of this title, but the presump20 tion can be rebutted by an appropriate showing of evidence

21 to the contrary.

22 SEC. 111. EFFECTIVE DATE.

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

24 enactment of this Act.
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1 TITLE II—IMPLEMENTATION OF CONVENTION ON

2 FUTURE MULTILATERAL COOPERATION IN

3 THE NORTHWEST ATLANTIC FISHERIES

4 SEC. 201. SHORT TITLE.

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

6 Fisheries Convention Act of 1995’’.

7 SEC. 202. REPRESENTATION OF UNITED STATES UNDER

8 CONVENTION.

9 (a) COMMISSIONERS.—

10 (1) APPOINTMENTS, GENERALLY.—The Secretary

11 shall appoint not more than 3 individuals to serve as

12 the representatives of the United States on the Gen13 eral Council and the Fisheries Commission, who shall

14 each—

15 (A) be known as a ‘‘United States Commis16 sioner to the Northwest Atlantic Fisheries Orga17 nization’’; and

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

19 (2) REQUIREMENTS FOR APPOINTMENTS.—

20 (A) The Secretary shall ensure that of the

21 individuals serving as Commissioners—

22 (i) at least 1 is appointed from among

23 representatives of the commercial fishing in24 dustry;
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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 concerning

10 the fishery resources to which the Convention ap11 plies.

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 any

23 anticipated absence of a duly appointed Commis24 sioner 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 appoint

11 not more than 3 individuals to serve as the represent12 atives of the United States on the Scientific Council,

13 who shall each be known as a ‘‘United States Rep14 resentative to the Northwest Atlantic Fisheries Orga15 nization 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 concerning

20 the scientific issues dealt with by the Scientific

21 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 time

5 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 any

11 anticipated absence of a duly appointed Representa12 tive at a meeting of the Scientific Council, designate

13 an individual to serve as an Alternate Representative.

14 (2) FUNCTIONS.—An Alternate Representative

15 may exercise all powers and perform all duties of the

16 Representative for whom the Alternate Representative

17 is designated, at any meeting of the Scientific Council

18 for which the Alternate Representative is designated.

19 (e) EXPERTS AND ADVISERS.—The Commissioners, Al20 ternate Commissioners, Representatives, and Alternate Rep21 resentatives may be accompanied at meetings of the Organi22 zation by experts and advisers.

23 (f) COORDINATION AND CONSULTATION.—

24 (1) IN GENERAL.—In carrying out their func25 tions under the Convention, Commissioners, Alternate
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1 Commissioners, Representatives, and Alternate Rep2 resentatives shall—

3 (A) coordinate with the appropriate Re4 gional Fishery Management Councils established

5 by section 302 of the Magnuson Act (16 U.S.C.

6 1852); and

7 (B) consult with the committee established

8 under section 208.

9 (2) RELATIONSHIP TO OTHER LAW.—The Fed10 eral Advisory Committee Act (5 U.S.C. App.) shall

11 not apply to coordination and consultations under

12 this subsection.

13 SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

14 (a) RESTRICTION.—The Representatives may not

15 make a request or specification described in subsection (b)

16 (1) or (2), respectively, unless the Representatives have

17 first—

18 (1) consulted with the appropriate Regional

19 Fishery Management Councils; and

20 (2) received the consent of the Commissioners for

21 that action.

22 (b) REQUESTS AND TERMS OF REFERENCE DE23 SCRIBED.—The requests and specifications referred to in

24 subsection (a) are, respectively—
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1 (1) any request, under Article VII(1) of the Con2 vention, that the Scientific Council consider and re3 port on a question pertaining to the scientific basis

4 for the management and conservation of fishery re5 sources in waters under the jurisdiction of the United

6 States within the Convention Area; and

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

8 the Convention, of the terms of reference for the con9 sideration of a question referred to the Scientific

10 Council pursuant to Article VII(1) of the Convention.

11 SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RE12 SPECT TO CONVENTION.

13 The Secretary of State may, on behalf of the Govern14 ment of the United States—

15 (1) receive and transmit reports, requests, rec16 ommendations, proposals, and other communications

17 of and to the Organization and its subsidiary organs;

18 (2) object, or withdraw an objection, to the pro19 posal of the Fisheries Commission;

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

21 bound by a measure of the Fisheries Commission;

22 (4) object or withdraw an objection to an amend23 ment to the Convention; and
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1 (5) act upon, or refer to any other appropriate

2 authority, any other communication referred to in

3 paragraph (1).

4 SEC. 205. INTERAGENCY COOPERATION.

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

6 the provisions of the Convention and this title, the Secretary

7 may arrange for cooperation with other agencies of the

8 United States, the States, the New England and the Mid9 Atlantic Fishery Management Councils, and private insti10 tutions and organizations.

11 (b) OTHER AGENCIES.—The head of any Federal agen12 cy may—

13 (1) cooperate in the conduct of scientific and

14 other programs, and furnish facilities and personnel,

15 for the purposes of assisting the Organization in car16 rying out its duties under the Convention; and

17 (2) accept reimbursement from the Organization

18 for providing such services, facilities, and personnel.

19 SEC. 206. RULEMAKING.

20 The Secretary shall promulgate regulations as may be

21 necessary to carry out the purposes and objectives of the

22 Convention and this title. Any such regulation may be

23 made applicable, as necessary, to all persons and all vessels

24 subject to the jurisdiction of the United States, wherever lo25 cated.
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1 SEC. 207. PROHIBITED ACTS AND PENALTIES.

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

3 vessel that is subject to the jurisdiction of the United

4 States—

5 (1) to violate any regulation issued under this

6 title or any measure that is legally binding on the

7 United States under the Convention;

8 (2) to refuse to permit any authorized enforce9 ment officer to board a fishing vessel that is subject

10 to the person’s control for purposes of conducting any

11 search or inspection in connection with the enforce12 ment of this title, any regulation issued under this

13 title, or any measure that is legally binding on the

14 United States under the Convention;

15 (3) forcibly to assault, resist, oppose, impede, in16 timidate, or interfere with any authorized enforce17 ment officer in the conduct of any search or inspec18 tion described in paragraph (2);

19 (4) to resist a lawful arrest for any act prohib20 ited by this section;

21 (5) to ship, transport, offer for sale, sell, pur22 chase, import, export, or have custody, control, or pos23 session of, any fish taken or retained in violation of

24 this section; or

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

26 means, the apprehension or arrest of another person,
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1 knowing that the other person has committed an act

2 prohibited by this section.

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

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

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

6 a permit sanction, under section 308 of the Magnuson Act

7 (16 U.S.C. 1858).

8 (c) CRIMINAL PENALTY.—Any person who commits an

9 act that is unlawful under paragraph (2), (3), (4), or (6)

10 of subsection (a) shall be guilty of an offense punishable

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

12 1859(b)).

13 (d) CIVIL FORFEITURES.—

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

15 furniture, appurtenances, stores, and cargo) used in

16 the commission of an act that is unlawful under sub17 section (a), and any fish (or the fair market value

18 thereof) taken or retained, in any manner, in connec19 tion with or as a result of the commission of any act

20 that is unlawful under subsection (a), shall be subject

21 to seizure and forfeiture as provided in section 310 of

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

23 (2) DISPOSAL OF FISH.—Any fish seized pursu24 ant to this title may be disposed of pursuant to the

25 order of a court of competent jurisdiction or, if per-
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1 ishable, in a manner prescribed by regulations issued

2 by the Secretary.

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

4 of the department in which the Coast Guard is operating

5 shall enforce the provisions of this title and shall have the

6 authority specified in sections 311 (a), (b)(1), and (c) of

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

8 that purpose.

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

10 the United States shall have exclusive jurisdiction over any

11 case or controversy arising under this section and may, at

12 any time—

13 (1) enter restraining orders or prohibitions;

14 (2) issue warrants, process in rem, or other proc15 ess;

16 (3) prescribe and accept satisfactory bonds or

17 other security; and

18 (4) take such other actions as are in the interests

19 of justice.

20 SEC. 208. CONSULTATIVE COMMITTEE.

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

22 Secretary, shall jointly establish a consultative committee

23 to advise the Secretaries on issues related to the Convention.

24 (b) MEMBERSHIP.—
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1 (1) The membership of the Committee shall in2 clude representatives from the New England and Mid3 Atlantic Fishery Management Councils, the States

4 represented on those Councils, the Atlantic States Ma5 rine Fisheries Commission, the fishing industry, the

6 seafood processing industry, and others knowledgeable

7 and experienced in the conservation and management

8 of fisheries in the Northwest Atlantic Ocean.

9 (2) TERMS AND REAPPOINTMENT.—Each mem10 ber of the consultative committee shall serve for a

11 term of two years and shall be eligible for reappoint12 ment.

13 (c) DUTIES OF THE COMMITTEE.—Members of the con14 sultative committee may attend—

15 (1) all public meetings of the General Council or

16 the Fisheries Commission;

17 (2) any other meetings to which they are invited

18 by the General Council or the Fisheries Commission;

19 and

20 (3) all nonexecutive meetings of the United

21 States Commissioners.

22 (d) RELATIONSHIP TO OTHER LAW.—The Federal Ad23 visory Committee Act (5 U.S.C. App.) shall not apply to

24 the consultative committee established under this section.
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1 SEC. 209. ADMINISTRATIVE MATTERS.

2 (a) PROHIBITION ON COMPENSATION.—A person shall

3 not receive any compensation from the Government by rea4 son of any service of the person as—

5 (1) a Commissioner, Alternate Commissioner,

6 Representative, or Alternative Representative;

7 (2) an expert or adviser authorized under section

8 202(e); or

9 (3) a member of the consultative committee es10 tablished by section 208.

11 (b) TRAVEL AND EXPENSES.—The Secretary of State

12 shall, subject to the availability of appropriations, pay all

13 necessary travel and other expenses of persons described in

14 subsection (a)(1) and of not more than six experts and ad15 visers authorized under section 202(e) with respect to their

16 actual performance of their official duties pursuant to this

17 title, in accordance with the Federal Travel Regulations

18 and sections 5701, 5702, 5704 through 5708, and 5731 of

19 title 5, United States Code.

20 (c) STATUS AS FEDERAL EMPLOYEES.—A person shall

21 not be considered to be a Federal employee by reason of

22 any service of the person in a capacity described in sub23 section (a), except for purposes of injury compensation and

24 tort claims liability under chapter 81 of title 5, United

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

26 respectively.
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1 SEC. 210. DEFINITIONS.

2 In this title the following definitions apply:

3 (1) AUTHORIZED ENFORCEMENT OFFICER.—The

4 term ‘‘authorized enforcement officer’’ means a person

5 authorized to enforce this title, any regulation issued

6 under this title, or any measure that is legally bind7 ing on the United States under the Convention.

8 (2) COMMISSIONER.—The term ‘‘Commissioner’’

9 means a United States Commissioner to the North10 west Atlantic Fisheries Organization appointed under

11 section 202(a).

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

13 means the Convention on Future Multilateral Co14 operation in the Northwest Atlantic Fisheries, done at

15 Ottawa on October 24, 1978.

16 (4) FISHERIES COMMISSION.—The term ‘‘Fish17 eries Commission’’ means the Fisheries Commission

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

19 of the Convention.

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

21 Council’’ means the General Council provided for by

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

23 (6) MAGNUSON ACT.—The term ‘‘Magnuson Act’’

24 means the Magnuson Fishery Conservation and Man25 agement Act (16 U.S.C. 1801 et seq.).
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1 (7) ORGANIZATION.—The term ‘‘Organization’’

2 means the Northwest Atlantic Fisheries Organization

3 provided for by Article II of the Convention.

4 (8) PERSON.—The term ‘‘person’’ means any in5 dividual (whether or not a citizen or national of the

6 United States), and any corporation, partnership, as7 sociation, or other entity (whether or not organized or

8 existing under the laws of any State).

9 (9) REPRESENTATIVE.—The term ‘‘Representa10 tive’’ means a United States Representative to the

11 Northwest Atlantic Fisheries Scientific Council ap12 pointed under section 202(c).

13 (10) SCIENTIFIC COUNCIL.—The term ‘‘Scientific

14 Council’’ means the Scientific Council provided for by

15 Articles II, VI, VII, VIII, IX, and X of the Conven16 tion.

17 (11) SECRETARY.—The term ‘‘Secretary’’ means

18 the Secretary of Commerce.

19 SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

20 There are authorized to be appropriated to carry out

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

22 contribution to the Organization as provided in Article XVI

23 of the Convention, $500,000 for each of the fiscal years

24 1995, 1996, 1997, and 1998.
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1 TITLE III—ATLANTIC TUNAS CONVENTION ACT

2 SEC. 301. SHORT TITLE.

3 This title may be cited as the ‘‘Atlantic Tunas Conven4 tion Authorization Act of 1995’’.

5 SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

6 (a) REPORT TO CONGRESS.—The Secretary of Com7 merce shall, within 90 days after the date of enactment of

8 this Act, submit a report to the Committee on Commerce,

9 Science, and Transportation of the Senate and the Commit10 tee on Resources of the House of Representatives—

11 (1) identifying current governmental and non12 governmental research and monitoring activities on

13 Atlantic bluefin tuna and other highly migratory spe14 cies;

15 (2) describing the personnel and budgetary re16 sources allocated to such activities; and

17 (3) explaining how each activity contributes to

18 the conservation and management of Atlantic bluefin

19 tuna and other highly migratory species.

20 (b) RESEARCH AND MONITORING PROGRAM.—Section

21 3 of the Act of September 4, 1980 (16 U.S.C. 971i) is

22 amended—

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

24 follows:
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1 ‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPE2 CIES.’’;

3 (2) by striking the last sentence;

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

5 BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com6 merce shall’’; and

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

8 ‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND

9 MONITORING.—

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

11 of the Atlantic Tunas Convention Authorization Act

12 of 1995, the Secretary of Commerce, in cooperation

13 with the advisory committee established under section

14 4 of the Atlantic Tunas Convention Act of 1975 (16

15 U.S.C. 971b) and in consultation with the United

16 States Commissioners on the International Commis17 sion for the Conservation of Atlantic Tunas (referred

18 to elsewhere in this section as the ‘Commission’) and

19 the Secretary of State, shall develop and implement

20 a comprehensive research and monitoring program to

21 support the conservation and management of Atlantic

22 bluefin tuna and other highly migratory species that

23 shall—

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

25 of highly migratory species in the Atlantic

26 Ocean, including Atlantic bluefin tuna; and
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1 ‘‘(B) provide for appropriate participation

2 by nations which are members of the Commis3 sion.

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

5 limited to—

6 ‘‘(A) statistically designed cooperative tag7 ging studies;

8 ‘‘(B) genetic and biochemical stock analyses;

9 ‘‘(C) population censuses carried out

10 through aerial surveys of fishing grounds and

11 known migration areas;

12 ‘‘(D) adequate observer coverage and port

13 sampling of commercial and recreational fishing

14 activity;

15 ‘‘(E) collection of comparable real-time data

16 on commercial and recreational catches and

17 landings through the use of permits, logbooks,

18 landing reports for charter operations and fish19 ing tournaments, and programs to provide reli20 able reporting of the catch by private anglers;

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

22 Atlantic bluefin tuna and other highly migratory

23 species;
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1 ‘‘(G) integration of data from all sources

2 and the preparation of data bases to support

3 management decisions; and

4 ‘‘(H) other research as necessary.

5 ‘‘(3) In developing a program under this section,

6 the Secretary shall—

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

8 each regional research center shall have substan9 tial participation in the stock assessments and

10 monitoring of highly migratory species that

11 occur in the region;

12 ‘‘(B) provide for comparable monitoring of

13 all United States fishermen to which the Atlantic

14 Tunas Convention Act applies with respect to ef15 fort and species composition of catch and dis16 cards;

17 ‘‘(C) consult with relevant Federal and

18 State agencies, scientific and technical experts,

19 commercial and recreational fishermen, and

20 other interested persons, public and private, and

21 shall publish a proposed plan in the Federal

22 Register for the purpose of receiving public com23 ment on the plan; and
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1 ‘‘(D) through the Secretary of State, encour2 age other member nations to adopt a similar

3 program.’’.

4 SEC. 303. DEFINITIONS.

5 Section 2 of the Atlantic Tunas Convention Act of

6 1975 (16 U.S.C. 971) is amended—

7 (1) by designating paragraphs (3) through (10)

8 as (4) through (11), respectively, and inserting after

9 paragraph (2) the following;

10 ‘‘(3) The term ‘conservation recommendation’

11 means any recommendation of the Commission made

12 pursuant to article VIII of the Convention and acted

13 upon favorably by the Secretary of State under sec14 tion 5(a) of this Act.’’;

15 (2) by striking paragraph (5), as redesignated,

16 and inserting the following:

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

18 an exclusive economic zone as defined in section 3 of

19 the Magnuson Fishery Conservation and Management

20 Act (16 U.S.C. 1802).’’; and

21 (3) by striking ‘‘fisheries zone’’ wherever it ap22 pears in the Atlantic Tunas Convention Act of 1975

23 (16 U.S.C. 971 et seq.) and inserting ‘‘exclusive eco24 nomic zone’’.
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1 SEC. 304. ADVISORY COMMITTEE PROCEDURES.

2 Section 4 of the Atlantic Tunas Convention Act of

3 1975 (16 U.S.C. 971b) is amended—

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

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

6 ‘‘(b)(1) A majority of the members of the advisory com7 mittee shall constitute a quorum, but one or more such

8 members designated by the advisory committee may hold

9 meetings to provide for public participation and to discuss

10 measures relating to the United States implementation of

11 Commission recommendations.

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

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

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

15 times and places at least twice a year, at the call of the

16 Chairman or upon the request of the majority of its voting

17 members, the United States Commissioners, the Secretary,

18 or the Secretary of State. Meetings of the advisory commit19 tee, except when in executive session, shall be open to the

20 public, and prior notice of meetings shall be made public

21 in a timely fashion.

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

23 committee in a timely manner such administrative and

24 technical support services as are necessary for the effective

25 functioning of the committee.
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1 ‘‘(B) The Secretary and the Secretary of State shall

2 furnish the advisory committee with relevant information

3 concerning fisheries and international fishery agreements.

4 ‘‘(5) The advisory committee shall determine its orga5 nization, and prescribe its practices and procedures for car6 rying out its functions under this Act, the Magnuson Fish7 ery Conservation and Management Act (16 U.S.C. 1801 et

8 seq.), and the Convention. The advisory committee shall

9 publish and make available to the public a statement of its

10 organization, practices, and procedures.

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

12 extent practicable, consist of an equitable balance among

13 the various groups concerned with the fisheries covered by

14 the Convention and shall not be subject to the Federal Advi15 sory Committee Act (5 U.S.C. App.).’’.

16 SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVEN17 TION.

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

19 1975 (16 U.S.C. 971d(c)) is amended—

20 (1) by inserting ‘‘AND OTHER MEASURES’’ after

21 ‘‘REGULATIONS’’ in the section caption;

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

23 ‘‘quota of fish’’ in the last sentence of paragraph (3);

24 and
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1 (3) by inserting the following after paragraph

2 (5):

3 ‘‘(6) IDENTIFICATION AND NOTIFICATION.—

4 ‘‘(A) Not later than July 1, 1996, and an5 nually thereafter, the Secretary, in consultation

6 with the Secretary of State, the Commissioners,

7 and the advisory committee, shall—

8 ‘‘(i) identify those nations whose fish9 ing vessels are fishing, or have fished during

10 the preceding calendar year, within the con11 vention area in a manner or under cir12 cumstances that diminish the effectiveness of

13 a conservation recommendation;

14 ‘‘(ii) notify the President and the na15 tion so identified, including an explanation

16 of the reasons therefor; and

17 ‘‘(iii) publish a list of those Nations

18 identified under subparagraph (A).

19 In identifying those Nations, the Secretary shall

20 consider, based on the best available information,

21 whether those Nations have measures in place for

22 reporting, monitoring, and enforcement, and

23 whether those measures diminish the effectiveness

24 of any conservation recommendation.
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1 ‘‘(7) CONSULTATION.—Not later than 30 days

2 after a Nation is notified under paragraph (6), the

3 President may enter into consultations with the gov4 ernment of that Nation for the purpose of obtaining

5 an agreement that will—

6 ‘‘(A) effect the immediate termination and

7 prevent the resumption of any fishing operation

8 by vessels of that Nation within the Convention

9 area which is conducted in a manner or under

10 circumstances that diminish the effectiveness of

11 the conservation recommendation;

12 ‘‘(B) when practicable, require actions by

13 that Nation, or vessels of that Nation, to mitigate

14 the negative impacts of fishing operations on the

15 effectiveness of the conservation recommendation

16 involved, including but not limited to, the impo17 sition of subsequent-year deductions for quota

18 overages; and

19 ‘‘(C) result in the establishment, if nec20 essary, by such nation of reporting, monitoring,

21 and enforcement measures that are adequate to

22 ensure the effectiveness of conservation rec23 ommendations.’’.
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1 SEC. 306. FINES AND PERMIT SANCTIONS.

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

3 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 to

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

8 307 of that Act.’’.

9 SEC. 307. 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 ‘‘AUTHORIZATION OF APPROPRIATIONS

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

14 carry out this Act, including use for payment of the United

15 States share of the joint expenses of the Commission as pro16 vided in article X of the Convention, the following sums:

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

18 $50,000 are authorized in the aggregate for the advi19 sory committee established under section 4 and the

20 species working groups established under section 4A,

21 and $2,890,000 are authorized for research activities

22 under this Act and the Act of September 4, 1980 (16

23 U.S.C. 971i).

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

25 $50,000 are authorized in the aggregate for such advi-
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1 sory committee and such working groups, and

2 $4,240,000 are authorized for such research activities.

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

4 $62,000 are authorized in the aggregate for such advi5 sory committee and such working groups, and

6 $4,240,000 are authorized for such research activities.

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

8 $75,000 are authorized in the aggregate for such advi9 sory committee and such working groups, and

10 $4,240,000 are authorized for such research activi11 ties.’’.

12 SEC. 308. REPORT AND SAVINGS CLAUSE.

13 The Atlantic Tuna Convention Act of 1975 (16 U.S.C.

14 971 et seq.) is amended by adding at the end thereof the

15 following:

16 ‘‘§ 11. Annual report

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

18 the Secretary shall prepare and transmit to the Committee

19 on Resources of the House of Representatives and the Com20 mittee on Commerce, Science, and Transportation of the

21 Senate a report, that—

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

23 catches and exports to the United States of highly mi24 gratory species (including tunas, swordfish, marlin

25 and sharks) from nations fishing on Atlantic stocks of
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1 such species that are subject to management by the

2 Commission;

3 ‘‘(2) identifies those fishing nations whose har4 vests are inconsistent with conservation and manage5 ment recommendations of the Commission;

6 ‘‘(3) describes reporting requirements established

7 by the Secretary to ensure that imported fish products

8 are in compliance with all international management

9 measures, including minimum size requirements, es10 tablished by the Commission and other international

11 fishery organizations to which the United States is a

12 party; and

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

14 under section 6.

15 ‘‘§ 12. Savings clause

16 ‘‘Nothing in this Act shall have the effect of diminish17 ing the rights and obligations of any Nation under Article

18 VIII(3) of the Convention.’’.

19 SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.

20 (a) Not later than 90 days after the date of the enact21 ment of this Act, the Secretary of Commerce in accordance

22 with this section shall publish a preliminary determination

23 of the level of the United States recreational and commer24 cial catch of Atlantic yellowfin tuna on an annual basis

25 since 1980. The Secretary shall publish a preliminary de-
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1 termination in the Federal Register for comment for a pe2 riod not to exceed 60 days. The Secretary shall publish a

3 final determination not later than 140 days from the date

4 of the enactment of this section.

5 (b) Not later than July 1, 1996, the Secretary of Com6 merce shall implement the recommendations of Inter7 national Commission for the Conservation of Atlantic

8 Tunas regarding yellowfin tuna made pursuant to article

9 VIII of the International Convention for the Conservation

10 of Atlantic Tunas and acted upon favorably by the Sec11 retary of State under section 5(a) of the Atlantic Tunas

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

13 SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.

14 Not later than 270 days after the date of enactment

15 of this Act, the Secretary of Commerce shall submit to the

16 Committee on Commerce, Science and Transportation of the

17 Senate and to the Committee on Resources of the House of

18 Representatives a report on the historic rationale, effective19 ness, and biological and economic efficiency of existing

20 bluefin tuna regulations for United States Atlantic fish21 eries. Specifically, the biological rationale for each regional

22 and category allocation, including directed and incidental

23 categories, should be described in light of the average size,

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

25 and the effect of this harvest on stock rebuilding and sus-
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1 tainable yield. The report should examine the history and

2 evaluate the level of wasteful discarding, and evaluate the

3 effectiveness of non-quota regulations at constraining har4 vests within regions. Further, comments should be provided

5 on levels of participation in specific fisheries in terms of

6 vessels and trips, enforcement implications, and the impor7 tance of monitoring information provided by these alloca8 tions on the precision of the stock assessment estimates.

9 SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO

10 ICCAT NEGOTIATIONS.

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

12 sense of the Congress that in future negotiations of the Inter13 national Commission for the Conservation of Atlantic

14 Tunas (hereafter in this section referred to as ‘‘ICCAT’’),

15 the Secretary of Commerce shall ensure that the conserva16 tion actions recommended by international commissions

17 and implemented by the Secretary for United States com18 mercial and recreational fishermen provide fair and equi19 table sharing of the conservation burden among all con20 tracting harvesters in negotiations with those commissions.

21 (b) ENFORCEMENT PROVISIONS.—It is further the

22 sense of the Congress that, during 1995 ICCAT negotiations

23 on swordfish and other Highly Migratory Species managed

24 by ICCAT, the Congress encourages the United States Com-
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1 missioners to add enforcement provisions similar to those

2 applicable to bluefin tuna.

3 (c) ENHANCED MONITORING.—It is further the sense

4 of the Congress that the National Oceanic and Atmospheric

5 Administration and the United States Customs Service

6 should enhance monitoring activities to ascertain what spe7 cific stocks are being imported into the United States and

8 the country of origin.

9 (d) MULTILATERAL ENFORCEMENT PROCESS.—It is

10 further the sense of the Congress that the United States

11 Commissioners should pursue as a priority the establish12 ment and implementation prior to December 31, 1996, an

13 effective multilateral process that will enable ICCAT na14 tions to enforce the conservation recommendations of the

15 Commission.

16 TITLE IV—FISHERMEN’S PROTECTIVE ACT

17 SEC. 401. FINDINGS.

18 The Congress finds that—

19 (1) customary international law and the United

20 Nations Convention on the Law of the Sea guarantee

21 the right of passage, including innocent passage, to

22 vessels through the waters commonly referred to as the

23 ‘‘Inside Passage’’ off the Pacific Coast of Canada;

24 (2) in 1994 Canada required all commercial

25 fishing vessels of the United States to pay 1,500 Ca-
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1 nadian dollars to obtain a ‘‘license which authorizes

2 transit’’ through the Inside Passage;

3 (3) this action was inconsistent with inter4 national law, including the United Nations Conven5 tion on the Law of the Sea, and, in particular, Arti6 cle 26 of that Convention, which specifically prohibits

7 such fees, and threatened the safety of United States

8 commercial fishermen who sought to avoid the fee by

9 traveling in less protected waters;

10 (4) the Fishermen’s Protective Act of 1967 pro11 vides for the reimbursement of vessel owners who are

12 forced to pay a license fee to secure the release of a

13 vessel which has been seized, but does not permit re14 imbursement of a fee paid by the owner in advance

15 in order to prevent a seizure;

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

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

18 or in advance by mail;

19 (6) significant expense and delay was incurred

20 by commercial fishing vessels of the United States

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

22 one of those ports in order to pay the license fee re23 quired by Canada, and the costs of that travel and

24 delay cannot be reimbursed under the Fishermen’s

25 Protective Act;
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1 (7) the Fishermen’s Protective Act of 1967 should

2 be amended to permit vessel owners to be reimbursed

3 for fees required by a foreign government to be paid

4 in advance in order to navigate in the waters of that

5 foreign country if the United States considers that fee

6 to be inconsistent with international law;

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

8 from Canada any amounts paid by the United States

9 to reimburse vessel owners who paid the transit li10 cense fee;

11 (9) the United States should review its current

12 policy with respect to anchorage by commercial fish13 ing vessels of Canada in waters of the United States

14 off Alaska, including waters in and near the Dixon

15 Entrance, and should accord such vessels the same

16 treatment that commercial fishing vessels of the Unit17 ed States are accorded for anchorage in the waters of

18 Canada off British Columbia;

19 (10) the President should ensure that, consistent

20 with international law, the United States Coast

21 Guard has available adequate resources in the Pacific

22 Northwest and Alaska to provide for the safety of

23 United States citizens, the enforcement of United

24 States law, and to protect the rights of the United
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1 States and keep the peace among vessels operating in

2 disputed waters;

3 (11) the President should continue to review all

4 agreements between the United States and Canada to

5 identify other actions that may be taken to convince

6 Canada that any reinstatement of the transit license

7 fee would be against Canada’s long-term interests,

8 and should immediately implement any actions which

9 the President deems appropriate if Canada reinstates

10 the fee;

11 (12) the President should continue to convey to

12 Canada in the strongest terms that the United States

13 will not now, nor at any time in the future, tolerate

14 any action by Canada which would impede or other15 wise restrict the right of passage of vessels of the Unit16 ed States in a manner inconsistent with international

17 law; and

18 (13) the United States should continue its efforts

19 to seek expeditious agreement with Canada on appro20 priate fishery conservation and management meas21 ures that can be implemented through the Pacific

22 Salmon Treaty to address issues of mutual concern.
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1 SEC. 402. AMENDMENT TO THE FISHERMEN’S PROTECTIVE

2 ACT OF 1967.

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

4 1971 et seq.) is amended by adding at the end the following

5 new section:

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

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

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

9 country to engage in transit passage between points in the

10 United States (including a point in the exclusive economic

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

12 and such fee is regarded by the United States as being in13 consistent with international law, the Secretary of State

14 shall, subject to the availability of appropriated funds, re15 imburse the vessel owner for the amount of any such fee

16 paid under protest.

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

18 shall provide, together with such other information as the

19 Secretary of State may require—

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

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

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

23 ‘‘(3) a copy of the vessel’s certificate of docu24 mentation.

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

26 Secretary of State within 120 days after the date of pay-
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1 ment of the fee, or within 90 days after the date of enact2 ment of this section, whichever is later.

3 ‘‘(d) Such funds as may be necessary to meet the re4 quirements of this section may be made available from the

5 unobligated balance of previously appropriated funds re6 maining in the Fishermen’s Protective Fund established

7 under section 9. To the extent that requests for reimburse8 ment under this section exceed such funds, there are author9 ized to be appropriated such sums as may be needed for

10 reimbursements authorized under subsection (a), which

11 shall be deposited in the Fishermen’s Protective Fund estab12 lished under section 9.

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

14 the Secretary deems appropriate to make and collect claims

15 against the foreign country imposing such fee for any

16 amounts reimbursed under this section.

17 ‘‘(f) For purposes of this section, the term ‘owner’ in18 cludes any charterer of a vessel of the United States.’’.

19 (b) The Fishermen’s Protective Act of 1967 (22 U.S.C.

20 1971 et seq.) is further amended by adding at the end the

21 following:

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

23 government of any nation imposes conditions on the oper24 ation or transit of United States fishing vessels which the

25 United States regards as being inconsistent with inter-
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1 national law or an international agreement, the Secretary

2 of State shall certify that fact to the President.

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

4 (a), the President shall direct the heads of Federal agencies

5 to impose similar conditions on the operation or transit

6 of fishing vessels registered under the laws of the nation

7 which has imposed conditions on United States fishing ves8 sels.

9 ‘‘(c) For the purposes of this section, the term ‘fishing

10 vessel’ has the meaning given that term in section

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

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

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

14 be commensurate with any conditions certified by the Sec15 retary of State under subsection (a).’’.

16 (c) Notwithstanding any other provision of law, the

17 Secretary of State shall reimburse the owner of any vessel

18 of the United States for costs incurred due to the seizure

19 of such vessel in 1994 by Canada on the basis of a claim

20 to jurisdiction over sedentary species which was not recog21 nized by the United States at the time of such seizure. Any

22 such reimbursement shall cover, in addition to amounts re23 imbursable under section 3 of the Fishermen’s Protective

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

25 incurred by the owner of any such vessel that were necessary
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1 to secure the prompt release of the vessel and crew. Total

2 reimbursements under this subsection may not exceed

3 $25,000 and may be made available from the unobligated

4 balances of previously appropriated funds remaining in the

5 Fishermen’s Protective Fund established under section 9 of

6 the Fishermen’s Protective Act (22 U.S.C. 1979).

7 SEC. 403. REAUTHORIZATION.

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

9 1967 (22 U.S.C. 1977(c)) is amended by striking the third

10 sentence.

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

12 1967 (22 U.S.C. 1977(e)) is amended by striking ‘‘October

13 1, 1993’’ and inserting ‘‘October 1, 2000’’.

14 SEC. 404. TECHNICAL CORRECTIONS.

15 (a)(1) Section 15(a) of Public Law 103–238 is amend16 ed by striking ‘‘April 1, 1994,’’ and inserting ‘‘May 1,

17 1994.’’.

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

19 effective on and after April 30, 1994.

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

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

22 ‘‘(C) any vessel supporting a vessel de23 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 Fisheries

5 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 inserting

10 ‘‘and the Central Sea of Okhotsk’’ after ‘‘Central Bering

11 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 (7),

16 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, P.L. 100–220), the Driftnet Act

14 Amendments of 1990 (P.L. 101–627), and the High

15 Seas Driftnet Fisheries Enforcement Act (title I, P.L.

16 102–582);

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 Wel20 lington 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, begin-
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1 ning with Resolution 44/225 in 1989 and most re2 cently in Decision 48/445 in 1993;

3 (4) the General Assembly of the United Nations

4 adopted these resolutions and decisions at the request

5 of the United States and other concerned nations;

6 (5) the best scientific information demonstrates

7 the wastefulness and potentially destructive impacts

8 of large-scale driftnet fishing on living marine re9 sources and seabirds; and

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

11 General Assembly calls on all nations, both individ12 ually and collectively, to prevent large-scale driftnet

13 fishing on the high seas.

14 SEC. 603. PROHIBITION.

15 The United States, or any agency or official acting

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

17 international agreement with respect to the conservation

18 and management of living marine resources or the use of

19 the high seas by fishing vessels that would prevent full im20 plementation of the global moratorium on large-scale

21 driftnet fishing on the high seas, as such moratorium is ex22 pressed in Resolution 46/215 of the United Nations General

23 Assembly.
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1 SEC. 604. NEGOTIATIONS.

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

3 shall seek to enhance the implementation and effectiveness

4 of the United Nations General Assembly resolutions and de5 cisions regarding the moratorium on large-scale driftnet

6 fishing on the high seas through appropriate international

7 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 Unit11 ed States of any international agreement with respect to

12 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 violated

15 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, and

19 other Federal agencies to detect, monitor, and prevent viola20 tions 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 fisheries

23 not under the jurisdiction of the United States, to the fullest

24 extent permitted under international law.
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1 TITLE VII—YUKON RIVER SALMON ACT

2 SEC. 701. SHORT TITLE.

3 This title may be cited as the ‘‘Yukon River Salmon

4 Act of 1995’’.

5 SEC. 702. PURPOSES.

6 It is the purpose of this title—

7 (1) to implement the interim agreement for the

8 conservation of salmon stocks originating from the

9 Yukon River in Canada agreed to through an ex10 change of notes between the Government of the United

11 States and the Government of Canada on February 3,

12 1995;

13 (2) to provide for representation by the United

14 States on the Yukon River Panel established under

15 such agreement; and

16 (3) to authorize to be appropriated sums nec17 essary to carry out the responsibilities of the United

18 States under such agreement.

19 SEC. 703. DEFINITIONS.

20 As used in this title—

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

22 agreement for the conservation of salmon stocks origi23 nating from the Yukon River in Canada agreed to

24 through an exchange of notes between the Government
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1 of the United States and the Government of Canada

2 on February 3, 1995.

3 (2) The term ‘‘Panel’’ means the Yukon River

4 Panel established by the Agreement.

5 (3) The term ‘‘Yukon River Joint Technical

6 Committee’’ means the technical committee established

7 by paragraph C.2 of the Memorandum of Understand8 ing concerning the Pacific Salmon Treaty between the

9 Government of the United States and the Government

10 of Canada recorded January 28, 1985.

11 SEC. 704. PANEL.

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

13 represented on the Panel by six individuals, of whom—

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

15 Government with expertise in salmon conservation

16 and management;

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

18 with expertise in salmon conservation and manage19 ment; and

20 (3) four shall be knowledgeable and experienced

21 with regard to the salmon fisheries on the Yukon

22 River.

23 (b) APPOINTMENTS.—Panel members shall be ap24 pointed as follows:
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1 (1) The Panel member described in subsection

2 (a)(1) shall be appointed by the Secretary of State.

3 (2) The Panel member described in subsection

4 (a)(2) shall be appointed by the Governor of Alaska.

5 (3) The Panel members described in subsection

6 (a)(3) shall be appointed by the Secretary of State

7 from a list of at least 3 individuals nominated for

8 each position by the Governor of Alaska. The Gov9 ernor of Alaska may consider suggestions for nomina10 tions provided by organizations with expertise in

11 Yukon River salmon fisheries. The Governor of Alaska

12 may make appropriate nominations to allow for, and

13 the Secretary of State shall appoint, at least one

14 member under subsection (a)(3) who is qualified to

15 represent the interests of Lower Yukon River fishing

16 districts, and at least one member who is qualified to

17 represent the interests of Upper Yukon River fishing

18 districts. At least one of the Panel members under

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

20 (c) ALTERNATES.—The Secretary of State may des21 ignate an alternate Panel member for each Panel member

22 the Secretary appoints under subsections (b) (1) and (3),

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

24 of the Panel member. The Governor of the State of Alaska

25 may designate an alternative Panel member for the Panel
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1 member appointed under subsection (b)(2), who meets the

2 same qualifications, to serve in the absence of that Panel

3 member.

4 (d) TERM LENGTH.—Panel members and alternate

5 Panel members shall serve four-year terms. Any individual

6 appointed to fill a vacancy occurring before the expiration

7 of any term shall be appointed for the remainder of that

8 term.

9 (e) REAPPOINTMENT.—Panel members and alternate

10 Panel members shall be eligible for reappointment.

11 (f) DECISIONS.—Decisions by the United States sec12 tion of the Panel shall be made by the consensus of the Panel

13 members appointed under paragraphs (2) and (3) of sub14 section (a).

15 (g) CONSULTATION.—In carrying out their functions

16 under the Agreement, Panel members may consult with such

17 other interested parties as they consider appropriate.

18 SEC. 705. ADVISORY COMMITTEE.

19 (a) APPOINTMENTS.—The Governor of Alaska may ap20 point an Advisory Committee of not less than eight, but

21 not more than twelve, individuals who are knowledgeable

22 and experienced with regard to the salmon fisheries on the

23 Yukon River. At least 2 of the Advisory Committee members

24 shall be Alaska Natives. Members of the Advisory Committee

25 may attend all meetings of the United States section of the
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1 Panel, and shall be given the opportunity to examine and

2 be heard on any matter under consideration by the United

3 States section of the Panel.

4 (b) COMPENSATION.—The members of such advisory

5 committee shall receive no compensation for their services.

6 (c) TERM LENGTH.—Advisory Committee members

7 shall serve two-year terms. Any individual appointed to fill

8 a vacancy occurring before the expiration of any term shall

9 be appointed for the remainder of that term.

10 (d) REAPPOINTMENT.—Advisory Committee members

11 shall be eligible for reappointment.

12 SEC. 706. EXEMPTION.

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

14 shall not apply to the Panel, the Yukon River Joint Tech15 nical Committee, or the Advisory Committee created under

16 section 705 of this title.

17 SEC. 707. AUTHORITY AND RESPONSIBILITY.

18 (a) RESPONSIBLE MANAGEMENT ENTITY.—The State

19 of Alaska Department of Fish and Game shall be the respon20 sible management entity for the United States for the pur21 poses of the Agreement.

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

23 subsection (a) shall not be considered to expand, diminish,

24 or change the management authority of the State of Alaska

25 or the Federal government with respect to fishery resources.
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1 (c) RECOMMENDATIONS OF PANEL.—In addition to

2 recommendations made by the Panel to the responsible

3 management entities in accordance with the Agreement, the

4 Panel may make recommendations concerning the conserva5 tion and management of salmon originating in the Yukon

6 River to the Department of the Interior, Department of

7 Commerce, Department of State, North Pacific Fishery

8 Management Council, and other Federal or State entities

9 as appropriate. Recommendations by the Panel shall be ad10 visory in nature.

11 SEC. 708. CONTINUATION OF AGREEMENT.

12 In the event that the Treaty between Canada and the

13 United States of America concerning Pacific Salmon,

14 signed at Ottawa, January 28, 1985, terminates prior to

15 the termination of the Agreement, and the functions of the

16 Panel are assumed by the ‘‘Yukon River Salmon Commis17 sion’’ referenced in the Agreement, the provisions of this

18 title which apply to the Panel shall thereafter apply to the

19 Yukon River Salmon Commission, and the other provisions

20 of this title shall remain in effect.

21 SEC. 709. ADMINISTRATIVE MATTERS.

22 (a) Panel members and alternate Panel members who

23 are not State or Federal employees shall receive compensa24 tion at the daily rate of GS–15 of the General Schedule

25 when engaged in the actual performance of duties.
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1 (b) Travel and other necessary expenses shall be paid

2 for all Panel members, alternate Panel members, United

3 States members of the Joint Technical Committee, and

4 members of the Advisory Committee when engaged in the

5 actual performance of duties.

6 (c) Except for officials of the United States Govern7 ment, individuals described in subsection (b) shall not be

8 considered to be Federal employees while engaged in the ac9 tual performance of duties, except for the purposes of injury

10 compensation or tort claims liability as provided in chapter

11 81 of title 5, United States Code, and chapter 71 of title

12 28, United States Code.

13 SEC. 710. AUTHORIZATION OF APPROPRIATIONS.

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

15 each fiscal year for carrying out the purposes and provi16 sions of the Agreement and this title including—

17 (1) necessary travel expenses of Panel members,

18 alternate Panel members, United States members of

19 the Joint Technical Committee, and members of the

20 Advisory Committee in accordance with Federal

21 Travel Regulations and sections 5701, 5702, 5704

22 through 5708, and 5731 of title 5, United States

23 Code;

24 (2) the United States share of the joint expenses

25 of the Panel and the Joint Technical Committee: Pro-
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1 vided, That Panel members and alternate Panel mem2 bers shall not, with respect to commitments concern3 ing the United States share of the joint expenses, be

4 subject to section 262(b) of title 22, United States

5 Code, insofar as it limits the authority of United

6 States representatives to international organizations

7 with respect to such commitments;

8 (3) not more than $3,000,000 for each fiscal year

9 to the Department of the Interior and to the Depart10 ment of Commerce for survey, restoration, and en11 hancement activities related to Yukon River salmon;

12 and

13 (4) $400,000 in each of fiscal years 1996, 1997,

14 1998, and 1999 to be contributed to the Yukon River

15 Restoration and Enhancement Fund and used in ac16 cordance with the Agreement.

17 TITLE VIII—MISCELLANEOUS

18 SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

19 Section 9 of the South Pacific Tuna Act of 1988 (16

20 U.S.C. 973g) is amended by adding at the end thereof the

21 following:

22 ‘‘(h) Notwithstanding the requirements of—

23 ‘‘(1) section 1 of the Act of August 26, 1983 (97

24 Stat. 587; 46 U.S.C. 12108);
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1 ‘‘(2) the general permit issued on December 1,

2 1980, to the American Tunaboat Association under

3 section 104(h)(1) of the Marine Mammal Protection

4 Act (16 U.S.C. 1374(h)(1)); and

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

6 Mammal Protection Act (16 U.S.C. 1374(h)(2) and

7 1416(a))—

8 any vessel documented under the laws of the United States

9 as of the date of enactment of the Fisheries Act of 1995

10 for which a license has been issued under subsection (a)

11 may fish for tuna in the Treaty Area, including those wa12 ters subject to the jurisdiction of the United States in ac13 cordance with international law, subject to the provisions

14 of the treaty and this Act, provided that no such vessel fish15 ing in the Treaty Area intentionally deploys a purse seine

16 net to encircle any dolphin or other marine mammal in

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

18 this Act.’’.

19 SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND

20 ATLANTIC MACKEREL.

21 Notwithstanding any other provision of law—

22 (1) no allocation may be made to any foreign

23 nation or vessel under section 201 of the Magnuson

24 Fishery Conservation and Management Act (16

25 U.S.C. 1801 et seq.) in any fishery for which there is
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1 not a fishery management plan implemented in ac2 cordance with that Act; and

3 (2) the Secretary of Commerce may not approve

4 the portion of any permit application submitted

5 under section 204(b) of the Act which proposes fishing

6 by a foreign vessel for Atlantic mackerel or Atlantic

7 herring unless—

8 (A) the appropriate regional fishery man9 agement council recommends under section

10 204(b)(5) of that Act that the Secretary approve

11 such fishing, and

12 (B) the Secretary of Commerce includes in

13 the permit any conditions or restrictions rec14 ommended by the appropriate regional fishery

15 management council with respect to such fishing.

Attest:

Secretary.
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104TH CONGRESS

1ST SESSION H. R. 716

AMENDMENT