•HR 4852 EH1S
tions, subject to the rights and obligations of their
members, or by treaties or other international agree-
ments.
(6) The term ‘‘length’’ means—
(A) for any high seas fishing vessel built
after July 18, 1982, 96 percent of the total
length on a waterline at 85 percent of the least
molded depth measured from the top of the
keel, or the length from the foreside of the stem
to the axis of the rudder stock on that water-
line, if that is greater. In ships designed with
a rake or keel the waterline on which this
length is measured shall be parallel to the de-
signed waterline; and
(B) for any high seas fishing vessel built
before July 18, 1982, registered length as en-
tered on the vessel’s documentation.
(7) The term ‘‘person’’ means any individual
(whether or not a citizen of or national of the
United States), any corporation, partnership, asso-
ciation, or other entity (whether or not organized or
existing under the laws of any State), and any Fed-
eral, State, local, or foreign government or any en-
tity of any such government.
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(8) The term ‘‘Secretary’’ means the Secretary
of Commerce.
(9) The term ‘‘vessel of the United States’’
means—
(A) a vessel documented under chapter
121 of title 46, United States Code, or num-
bered in accordance with chapter 123 of title
46, United States Code;
(B) a vessel owned in whole or part by—
(i) the United States or a territory,
commonwealth, or possession of the United
States;
(ii) a State or political subdivision
thereof;
(iii) a citizen or national of the United
States; or
(iv) a corporation created under the
laws of the United States or any State, the
District of Columbia, or any territory,
commonwealth, or possession of the United
States; unless the vessel has been granted
the nationality of a foreign nation in ac-
cordance with article 92 of the 1982
United Nations Convention on the Law of
the Sea and a claim of nationality or reg-
•HR 4852 EH1S
istry for the vessel is made by the master
or individual in charge at the time of the
enforcement action by an officer or em-
ployee of the United States authorized to
enforce applicable provisions of the United
States law; and
(C) a vessel that was once documented
under the laws of the United States and, in vio-
lation of the laws of the United States, was ei-
ther sold to a person not a citizen of the United
States or placed under foreign registry or a for-
eign flag, whether or not the vessel has been
granted the nationality of a foreign nation.
(10) The terms ‘‘vessel subject to the jurisdic-
tion of the United States’’ and ‘‘vessel without na-
tionality’’ have the same meaning as in section
1903(c) of title 46 United States Code Appendix.
SEC. 104. LICENSING.
(a) IN GENERAL.—No high seas fishing vessel shall
engage in harvesting operations on the high seas unless
the vessel has on board a valid license issued under this
section.
(b) ELIGIBILITY.—
(1) Any vessel of the United States is eligible
to receive a license under this section, unless the
•HR 4852 EH1S
vessel was previously authorized to be used for fish-
ing on the high seas by a foreign nation, and
(A) the foreign nation suspended such au-
thorization because the vessel undermined the
effectiveness of international conservation and
management measures, and the suspension has
not expired; or
(B) the foreign nation, within the last
three years preceding application for a license
under this section, withdrew such authorization
because the vessel undermined the effectiveness
of international conservation and management
measures.
(2) The restriction in paragraph (1) does not
apply if ownership of the vessel has changed since
the vessel undermined the effectiveness of inter-
national conservation and management measures,
and the new owner has provided sufficient evidence
to the Secretary demonstrating that the previous
owner or operator has no further legal, beneficial or
financial interest in, or control of, the vessel.
(3) The restriction in paragraph (1) does not
apply if the Secretary makes a determination that
issuing a license would not subvert the purposes of
the Agreement.
•HR 4852 EH1S
(4) The Secretary may not issue a license to a
vessel unless the Secretary is satisfied that the
United States will be able to exercise effectively its
responsibilities under the Agreement with respect to
that vessel.
(c) APPLICATION.—
(1) The owner or operator of a high seas fish-
ing vessel may apply for a license under this section
by completing an application form prescribed by the
Secretary.
(2) The application form shall contain—
(A) the vessel’s name, previous names (if
known), official numbers, and port of record;
(B) the vessel’s previous flags (if any);
(C) the vessel’s International Radio Call
Sign (if any);
(D) the names and addresses of the ves-
sel’s owners and operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel’s length; and
(H) any other information the Secretary
requires.
(d) CONDITIONS.—The Secretary shall establish such
conditions and restrictions on each license issued under
•HR 4852 EH1S
this section as are necessary and appropriate to carry out
the obligations of the United States under the Agreement,
including but not limited to the following:
(1) The vessel shall be marked in accordance
with the FAO Standard Specifications for the Mark-
ing and Identification of Fishing Vessels, or with
regulations issued under section 305 of the Magnu-
son Fishery Conservation and Management Act (16
U.S.C. 1855).
(2) The license holder shall report such infor-
mation as the Secretary by regulation requires, in-
cluding area of fishing operations and catch statis-
tics. The Secretary shall promulgate regulations con-
cerning conditions under which information submit-
ted under this paragraph may be released.
(e) FEES.—
(1) The Secretary may by regulation establish
the level of fees to be charged for licenses issued
under this section. The amount of any fee charged
for a license issued under this section may not ex-
ceed the administrative costs incurred in issuing
such licenses. The licensing fee shall be in addition
to any fee required under any regional licensing re-
gime applicable to high seas fishing vessels.
•HR 4852 EH1S
Secretary of the department in which the Coast Guard is
operating, has reasonable grounds to believe that a foreign
vessel has engaged in activities undermining the effective-
ness of international conservation and management meas-
ures, the Secretary shall—
(1) provide to the flag nation information, in-
cluding appropriate evidentiary material, relating to
those activities; and
(2) when such foreign vessel is voluntarily in a
United States port, promptly notify the flag nation
and, if requested by the flag nation, make arrange-
ments to undertake such lawful investigatory meas-
ures as may be considered necessary to establish
whether the vessel has been used contrary to the
provisions of the Agreement.
(d) REGULATIONS.—The Secretary, after consulta-
tion with the Secretary of State and the Secretary of the
department in which the Coast Guard is operating, may
promulgate such regulations, in accordance with section
553 of title 5, United States Code, as may be necessary
to carry out the purposes of the Agreement and this title.
The Secretary shall coordinate such regulations with any
other entities regulating high seas fishing vessels, in order
to minimize duplication of license application and report-
ing requirements. To the extent practicable, such regula-
•HR 4852 EH1S
tions shall also be consistent with regulations implement-
ing fishery management plans under the Magnuson Fish-
ery Conservation and Management Act (16 U.S.C. 1801
et seq.).
(e) NOTICE OF INTERNATIONAL CONSERVATION AND
MANAGEMENT MEASURES.—The Secretary, in consulta-
tion with the Secretary of State, shall publish in the Fed-
eral Register, from time to time, a notice listing inter-
national conservation and management measures recog-
nized by the United States.
SEC. 106. UNLAWFUL ACTIVITIES.
It is unlawful for any person subject to the jurisdic-
tion of the United States—
(1) to use a high seas fishing vessel on the high
seas in contravention of international conservation
and management measures described in section
105(e);
(2) to use a high seas fishing vessel on the high
seas, unless the vessel has on board a valid license
issued under section 104;
(3) to use a high seas fishing vessel in violation
of the conditions or restrictions of a license issued
under section 104;
(4) to falsify any information required to be re-
ported, communicated, or recorded pursuant to this
•HR 4852 EH1S
title or any regulation issued under this title, or to
fail to submit in a timely fashion any required infor-
mation, or to fail to report to the Secretary imme-
diately any change in circumstances that has the ef-
fect of rendering any such information false, incom-
plete, or misleading;
(5) to refuse to permit an authorized officer to
board a high seas fishing vessel subject to such per-
son’s control for purposes of conducting any search
or inspection in connection with the enforcement of
this title or any regulation issued under this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with an authorized officer in
the conduct of any search or inspection described in
paragraph (5);
(7) to resist a lawful arrest or detention for any
act prohibited by this section;
(8) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detection of an-
other person, knowing that such person has commit-
ted any act prohibited by this section;
(9) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or
possession of, any living marine resource taken or
•HR 4852 EH1S
retained in violation of this title or any regulation or
license issued under this title; or
(10) to violate any provision of this title or any
regulation or license issued under this title.
SEC. 107. ENFORCEMENT PROVISIONS.
(a) DUTIES OF SECRETARIES.—This title shall be en-
forced by the Secretary of Commerce and the Secretary
of the department in which the Coast Guard is operating.
Such Secretaries may by agreement utilize, on a reimburs-
able basis or otherwise, the personnel, services, equipment
(including aircraft and vessels), and facilities of any other
Federal agency, or of any State agency, in the perform-
ance of such duties. Such Secretaries shall, and the head
of any Federal or State agency that has entered into an
agreement with either such Secretary under this section
may (if the agreement so provides), authorize officers to
enforce the provisions of this title or any regulation or
license issued under this title.
(b) DISTRICT COURT JURISDICTION.—The district
courts of the United States shall have exclusive jurisdic-
tion over any case or controversy arising under the provi-
sions of this title. In the case of Guam, and any Common-
wealth, territory, or possession of the United States in the
Pacific Ocean, the appropriate court is the United States
District Court for the District of Guam, except that in
•HR 4852 EH1S
the case of American Samoa, the appropriate court is the
United States District Court for the District of Hawaii.
(c) POWERS OF ENFORCEMENT OFFICERS.—
(1) Any officer who is authorized under sub-
section (a) to enforce the provisions of this title
may—
(A) with or without a warrant or other
process—
(i) arrest any person, if the officer has
reasonable cause to believe that such per-
son has committed an act prohibited by
paragraph (6), (7), (8), or (9) of section
106;
(ii) board, and search or inspect, any
high seas fishing vessel;
(iii) seize any high seas fishing vessel
(together with its fishing gear, furniture,
appurtenances, stores, and cargo) used or
employed in, or with respect to which it
reasonably appears that such vessel was
used or employed in, the violation of any
provision of this title or any regulation or
license issued under this title;
(iv) seize any living marine resource
(wherever found) taken or retained, in any
•HR 4852 EH1S
manner, in connection with or as a result
of the commission of any act prohibited by
section 106; and
(v) seize any other evidence related to
any violation of any provision of this title
or any regulation or license issued under
this title;
(B) execute any warrant or other process
issued by any court of competent jurisdiction;
and
(C) exercise any other lawful authority.
(2) Subject to the direction of the Secretary, a
person charged with law enforcement responsibilities
by the Secretary who is performing a duty related
to enforcement of a law regarding fisheries or other
marine resources may make an arrest without a war-
rant for an offense against the United States com-
mitted in his presence, or for a felony cognizable
under the laws of the United States, if he has rea-
sonable grounds to believe that the person to be
arrested has committed or is committing a felony.
(d) ISSUANCE OF CITATIONS.—If any authorized offi-
cer finds that a high seas fishing vessel is operating or
has been operated in violation of any provision of this title,
such officer may issue a citation to the owner or operator
•HR 4852 EH1S
of such vessel in lieu of proceeding under subsection (c).
If a permit has been issued pursuant to this title for such
vessel, such officer shall note the issuance of any citation
under this subsection, including the date thereof and the
reason therefor, on the permit. The Secretary shall main-
tain a record of all citations issued pursuant to this sub-
section.
SEC. 108. CIVIL PENALTIES AND LICENSE SANCTIONS.
(a) CIVIL PENALTIES.—
(1) Any person who is found by the Secretary,
after notice and opportunity for a hearing in accord-
ance with section 554 of title 5, United States Code,
to have committed an act prohibited by section 106
shall be liable to the United States for a civil pen-
alty. The amount of the civil penalty shall not exceed
$100,000 for each violation. Each day of a continu-
ing violation shall constitute a separate offense. The
amount of such civil penalty shall be assessed by the
Secretary by written notice. In determining the
amount of such penalty, the Secretary shall take
into account the nature, circumstances, extent, and
gravity of the prohibited acts committed and, with
respect to the violation, the degree of culpability,
any history of prior offenses, and such other matters
as justice may require.
•HR 4852 EH1S
(2) The Secretary may compromise, modify, or
remit, with or without conditions, any civil penalty
that is subject to imposition or that has been im-
posed under this section.
(b) LICENSE SANCTIONS.—
(1) In any case in which—
(A) a vessel of the United States has been
used in the commission of an act prohibited
under section 106;
(B) the owner or operator of a vessel or
any other person who has been issued or has
applied for a license under section 104 has
acted in violation of section 106; or
(C) any amount in settlement of a civil for-
feiture imposed on a high seas fishing vessel or
other property, or any civil penalty or criminal
fine imposed on a high seas fishing vessel or on
an owner or operator of such a vessel or on any
other person who has been issued or has ap-
plied for a license under any fishery resource
statute enforced by the Secretary, has not been
paid and is overdue, the Secretary may—
(i) revoke any license issued to or ap-
plied for by such vessel or person under
•HR 4852 EH1S
this title, with or without prejudice to the
issuance of subsequent licenses;
(ii) suspend such license for a period
of time considered by the Secretary to be
appropriate;
(iii) deny such license; or
(iv) impose additional conditions and
restrictions on such license.
(2) In imposing a sanction under this sub-
section, the Secretary shall take into account—
(A) the nature, circumstances, extent, and
gravity of the prohibited acts for which the
sanction is imposed; and
(B) with respect to the violator, the degree
of culpability, any history of prior offenses, and
such other matters as justice may require.
(3) Transfer of ownership of a high seas fishing
vessel, by sale or otherwise, shall not extinguish any
license sanction that is in effect or is pending at the
time of transfer of ownership. Before executing the
transfer of ownership of a vessel, by sale or other-
wise, the owner shall disclose in writing to the pro-
spective transferee the existence of any license sanc-
tion that will be in effect or pending with respect to
the vessel at the time of the transfer. The Secretary
•HR 4852 EH1S
may waive or compromise a sanction in the case of
a transfer pursuant to court order.
(4) In the case of any license that is suspended
under this subsection for nonpayment of a civil pen-
alty or criminal fine, the Secretary shall reinstate
the license upon payment of the penalty or fine and
interest thereon at the prevailing rate.
(5) No sanctions shall be imposed under this
subsection unless there has been prior opportunity
for a hearing on the facts underlying the violation
for which the sanction is imposed, either in conjunc-
tion with a civil penalty proceeding under this sec-
tion or otherwise.
(c) HEARING.—For the purposes of conducting any
hearing under this section, the Secretary may issue sub-
poenas for the attendance and testimony of witnesses and
the production of relevant papers, books, and documents,
and may administer oaths. Witnesses summoned shall be
paid the same fees and mileage that are paid to witnesses
in the courts of the United States. In case of contempt
or refusal to obey a subpoena served upon any person pur-
suant to this subsection, the district court of the United
States for any district in which such person is found, re-
sides, or transacts business, upon application by the
United States and after notice to such person, shall have
•HR 4852 EH1S
jurisdiction to issue an order requiring such person to ap-
pear and give testimony before the Secretary or to appear
and produce documents before the Secretary, or both, and
any failure to obey such order of the court may be pun-
ished by such court as a contempt thereof.
(d) JUDICIAL REVIEW.—Any person against whom a
civil penalty is assessed under subsection (a) or against
whose vessel a license sanction is imposed under sub-
section (b) (other than a license suspension for
nonpayment of penalty or fine) may obtain review thereof
in the United States district court for the appropriate dis-
trict by filing a complaint against the Secretary in such
court within 30 days from the date of such penalty or
sanction. The Secretary shall promptly file in such court
a certified copy of the record upon which such penalty or
sanction was imposed, as provided in section 2112 of title
28, United States Code. The findings and order of the
Secretary shall be set aside by such court if they are not
found to be supported by substantial evidence, as provided
in section 706(2) of title 5, United States Code.
(e) COLLECTION.—
(1) If any person fails to pay an assessment of
a civil penalty after it has become a final and
unappealable order, or after the appropriate court
has entered final judgment in favor of the Secretary,
•HR 4852 EH1S
the matter shall be referred to the Attorney General,
who shall recover the amount assessed in any appro-
priate district court of the United States. In such
action the validity and appropriateness of the final
order imposing the civil penalty shall not be subject
to review.
(2) A high seas fishing vessel (including its
fishing gear, furniture, appurtenances, stores, and
cargo) used in the commission of an act prohibited
by section 106 shall be liable in rem for any civil
penalty assessed for such violation under subsection
(a) and may be proceeded against in any district
court of the United States having jurisdiction there-
of. Such penalty shall constitute a maritime lien on
such vessel that may be recovered in an action in
rem in the district court of the United States having
jurisdiction over the vessel.
SEC. 109. CRIMINAL OFFENSES.
(a) OFFENSES.—A person is guilty of an offense if
the person commits any act prohibited by paragraph (6),
(7), (8), or (9) of section 106.
(b) PUNISHMENT.—Any offense described in sub-
section (a) is a class A misdemeanor punishable by a fine
under title 18, United States Code, or imprisonment for
not more than one year, or both; except that if in the com-
•HR 4852 EH1S
mission of any offense the person uses a dangerous weap-
on, engages in conduct that causes bodily injury to any
authorized officer, or places any such officer in fear of
imminent bodily injury, the offense is a felony punishable
by a fine under title 18, United States Code, or imprison-
ment for not more than 10 years, or both.
SEC. 110. FORFEITURES.
(a) IN GENERAL.—Any high seas fishing vessel (in-
cluding its fishing gear, furniture, appurtenances, stores,
and cargo) used, and any living marine resources (or the
fair market value thereof) taken or retained, in any man-
ner, in connection with or as a result of the commission
of any act prohibited by section 106 (other than an act
for which the issuance of a citation under section 107 is
a sufficient sanction) shall be subject to forfeiture to the
United States. All or part of such vessel may, and all such
living marine resources (or the fair market value thereof)
shall, be forfeited to the United States pursuant to a civil
proceeding under this section.
(b) JURISDICTION OF DISTRICT COURTS.—Any dis-
trict court of the United States shall have jurisdiction,
upon application of the Attorney General on behalf of the
United States, to order any forfeiture authorized under
subsection (a) and any action provided for under sub-
section (d).
•HR 4852 EH1S
(c) JUDGMENT.—If a judgment is entered for the
United States in a civil forfeiture proceeding under this
section, the Attorney General may seize any property or
other interest declared forfeited to the United States,
which has not previously been seized pursuant to this title
or for which security has not previously been obtained.
The provisions of the customs laws relating to—
(1) the seizure, forfeiture, and condemnation of
property for violation of the customs law;
(2) the disposition of such property or the pro-
ceeds from the sale thereof; and
(3) the remission or mitigation of any such for-
feiture;
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this title,
unless such provisions are inconsistent with the purposes,
policy, and provisions of this title.
(d) PROCEDURE.—
(1) Any officer authorized to serve any process
in rem that is issued by a court under section
107(b) shall—
(A) stay the execution of such process; or
(B) discharge any living marine resources
seized pursuant to such process;
•HR 4852 EH1S
upon receipt of a satisfactory bond or other security
from any person claiming such property. Such bond
or other security shall be conditioned upon such per-
son delivering such property to the appropriate court
upon order thereof, without any impairment of its
value, or paying the monetary value of such property
pursuant to an order of such court. Judgment shall
be recoverable on such bond or other security
against both the principal and any sureties in the
event that any condition thereof is breached, as de-
termined by such court.
(2) Any living marine resources seized pursuant
to this title may be sold, subject to the approval of
the appropriate court, for not less than the fair mar-
ket value thereof. The proceeds of any such sale
shall be deposited with such court pending the dis-
position of the matter involved.
(e) REBUTTABLE PRESUMPTION.—For purposes of
this section, all living marine resources found on board
a high seas fishing vessel and which are seized in connec-
tion with an act prohibited by section 106 are presumed
to have been taken or retained in violation of this title,
but the presumption can be rebutted by an appropriate
showing of evidence to the contrary.
•HR 4852 EH1S
SEC. 111. EFFECTIVE DATE.
This title shall take effect 120 days after the date
of enactment of this Act.
TITLE II—IMPLEMENTATION OF
CONVENTION 
ON 
FUTURE
MULTILATERAL 
COOPERA-
TION IN THE NORTHWEST AT-
LANTIC FISHERIES
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Northwest Atlantic
Fisheries Convention Act of 1994’’.
SEC. 202. REPRESENTATION OF UNITED STATES UNDER
CONVENTION.
(a) COMMISSIONERS.—
(1) APPOINTMENTS, GENERALLY.—The Sec-
retary shall appoint not more than 3 individuals to
serve as the representatives of the United States on
the General Council and the Fisheries Commission,
who shall each—
(A) be known as a ‘‘United States Com-
missioner to the Northwest Atlantic Fisheries
Organization’’; and
(B) serve at the pleasure of the Secretary.
(2) REQUIREMENTS FOR APPOINTMENTS.—
(A) The Secretary shall ensure that of the
individuals serving as Commissioners—
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(i) at least 1 is appointed from among
representatives of the commercial fishing
industry;
(ii) 1 (but no more than 1) is an offi-
cial of the Government; and
(iii) 1, other than the individual ap-
pointed under clause (ii), is a voting mem-
ber of the New England Fishery Manage-
ment Council.
(B) The Secretary may not appoint as a
Commissioner an individual unless the individ-
ual is knowledgeable and experienced concern-
ing the fishery resources to which the Conven-
tion applies.
(3) TERMS.—
(A) The term of an individual appointed as
a Commissioner—
(i) shall be specified by the Secretary
at the time of appointment; and
(ii) may not exceed 4 years.
(B) An individual who is not a Government
official may not serve more than 2 consecutive
terms as a Commissioner.
(b) ALTERNATE COMMISSIONERS.—
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(1) APPOINTMENT.—The Secretary may, for
any anticipated absence of a duly appointed Com-
missioner at a meeting of the General Council or the
Fisheries Commission, designate an individual to
serve as an Alternate Commissioner.
(2) FUNCTIONS.—An Alternate Commissioner
may exercise all powers and perform all duties of the
Commissioner for whom the Alternate Commissioner
is designated, at any meeting of the General Council
or the Fisheries Commission for which the Alternate
Commissioner is designated.
(c) REPRESENTATIVES.—
(1) APPOINTMENT.—The Secretary shall ap-
point not more than 3 individuals to serve as the
representatives of the United States on the Scientific
Council, who shall each be known as a ‘‘United
States Representative to the Northwest Atlantic
Fisheries Organization Scientific Council’’.
(2) ELIGIBILITY FOR APPOINTMENT.—
(A) The Secretary may not appoint an in-
dividual as a Representative unless the individ-
ual is knowledgeable and experienced concern-
ing the scientific issues dealt with by the Sci-
entific Council.
•HR 4852 EH1S
(B) The Secretary shall appoint as a Rep-
resentative at least 1 individual who is an offi-
cial of the Government.
(3) TERM.—An individual appointed as a Rep-
resentative—
(A) shall serve for a term of not to exceed
4 years, as specified by the Secretary at the
time of appointment;
(B) may be reappointed; and
(C) shall serve at the pleasure of the Sec-
retary.
(d) ALTERNATE REPRESENTATIVES.—
(1) APPOINTMENT.—The Secretary may, for
any anticipated absence of a duly appointed Rep-
resentative at a meeting of the Scientific Council,
designate an individual to serve as an Alternate Rep-
resentative.
(2) FUNCTIONS.—An Alternate Representative
may exercise all powers and perform all duties of the
Representative for whom the Alternate Representa-
tive is designated, at any meeting of the Scientific
Council for which the Alternate Representative is
designated.
(e) EXPERTS AND ADVISERS.—The Commissioners,
Alternate Commissioners, Representatives, and Alternate
•HR 4852 EH1S
Representatives may be accompanied at meetings of the
Organization by experts and advisers.
(f) COORDINATION AND CONSULTATION.—
(1) IN GENERAL.—In carrying out their func-
tions under the Convention, Commissioners, Alter-
nate Commissioners, Representatives, and Alternate
Representatives shall—
(A) coordinate with the appropriate Re-
gional Fishery Management Councils estab-
lished by section 302 of the Magnuson Act (16
U.S.C. 1852); and
(B) consult with the committee established
under section 208.
(2) RELATIONSHIP TO OTHER LAW.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall
not apply to coordination and consultations under
this subsection.
SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.
(a) RESTRICTION.—The Representatives may not
make a request or specification described in subsection (b)
(1) or (2), respectively, unless the Representatives have
first—
(1) consulted with the appropriate Regional
Fishery Management Councils; and
•HR 4852 EH1S
(2) received the consent of the Commissioners
for that action.
(b) REQUESTS
AND TERMS
OF REFERENCE DE-
SCRIBED.—The requests and specifications referred to in
subsection (a) are, respectively—
(1) any request, under Article VII(1) of the
Convention, that the Scientific Council consider and
report on a question pertaining to the scientific basis
for the management and conservation of fishery re-
sources in waters under the jurisdiction of the Unit-
ed States within the Convention Area; and
(2) any specification, under Article VIII(2) of
the Convention, of the terms of reference for the
consideration of a question referred to the Scientific
Council pursuant to Article VII(1) of the Conven-
tion.
SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RE-
SPECT TO CONVENTION.
The Secretary of State may, on behalf of the Govern-
ment of the United States—
(1) receive and transmit reports, requests, rec-
ommendations, proposals, and other communications
of and to the Organization and its subsidiary or-
gans;
•HR 4852 EH1S
(2) object, or withdraw an objection, to the pro-
posal of the Fisheries Commission;
(3) give or withdraw notice of intent not to be
bound by a measure of the Fisheries Commission;
(4) object or withdraw an objection to an
amendment to the Convention; and
(5) act upon, or refer to any other appropriate
authority, any other communication referred to in
paragraph (1).
SEC. 205. INTERAGENCY COOPERATION.
(a) AUTHORITIES OF SECRETARY.—In carrying out
the provisions of the Convention and this title, the Sec-
retary may arrange for cooperation with other agencies of
the United States, the States, the New England and the
Mid-Atlantic Fishery Management Councils, and private
institutions and organizations.
(b) OTHER AGENCIES.—The head of any Federal
agency may—
(1) cooperate in the conduct of scientific and
other programs, and furnish facilities and personnel,
for the purposes of assisting the Organization in
carrying out its duties under the Convention; and
(2) accept reimbursement from the Organiza-
tion for providing such services, facilities, and per-
sonnel.
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SEC. 206. RULEMAKING.
The Secretary shall promulgate regulations as may
be necessary to carry out the purposes and objectives of
the Convention and this title. Any such regulation may
be made applicable, as necessary, to all persons and all
vessels subject to the jurisdiction of the United States,
wherever located.
SEC. 207. PROHIBITED ACTS AND PENALTIES.
(a) PROHIBITION.—It is unlawful for any person or
vessel that is subject to the jurisdiction of the United
States—
(1) to violate any regulation issued under this
title or any measure that is legally binding on the
United States under the Convention;
(2) to refuse to permit any authorized enforce-
ment officer to board a fishing vessel that is subject
to the person’s control for purposes of conducting
any search or inspection in connection with the en-
forcement of this title, any regulation issued under
this title, or any measure that is legally binding on
the United States under the Convention;
(3) forcibly to assault, resist, oppose, impede,
intimidate, or interfere with any authorized enforce-
ment officer in the conduct of any search or inspec-
tion described in paragraph (2);
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‘‘(b) APPROVAL.—Upon receipt of a safety manage-
ment plan submitted under subsection (a), the Secretary
shall review the plan and approve it if the Secretary deter-
mines that it is consistent with and will assist in imple-
menting the safety management system established under
section 3203.
‘‘(c) PROHIBITION ON VESSEL OPERATION.—A ves-
sel to which this chapter applies under section 3202(a)
may not be operated without having on board a Safety
Management Certificate and a copy of a Document of
Compliance issued for the vessel under section 3205 of
this title.
‘‘§ 3205. Certification
‘‘(a) ISSUANCE OF CERTIFICATE AND DOCUMENT.—
After verifying that the responsible person for a vessel to
which this chapter applies and the vessel comply with the
applicable requirements under this chapter, the Secretary
shall issue for the vessel, on request of the responsible per-
son, a Safety Management Certificate and a Document of
Compliance.
‘‘(b) MAINTENANCE OF CERTIFICATE AND DOCU-
MENT.—A Safety Management Certificate and a Docu-
ment of Compliance issued for a vessel under this section
shall be maintained by the responsible person for the ves-
sel as required by the Secretary.