H. R. 716—19
SEC. 303. DEFINITIONS.
Section 2 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971) is amended—
(1) by designating paragraphs (3) through (10) as (4)
through (11), respectively, and inserting after paragraph (2)
the following:
‘‘(3) The term ‘conservation recommendation’ means any
recommendation of the Commission made pursuant to Article
VIII of the Convention and acted upon favorably by the Sec-
retary of State under section 5(a) of this Act.’’;
(2) by striking paragraph (5), as redesignated, and inserting
the following:
‘‘(4) The term ‘exclusive economic zone’ means an exclusive
economic zone as defined in section 3 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1802).’’; and
(3) by striking ‘‘fisheries zone’’ wherever it appears in the
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.)
and inserting ‘‘exclusive economic zone’’.
SEC. 304. ADVISORY COMMITTEE PROCEDURES.
Section 4 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971b) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘There’’; and
(2) by adding at the end the following:
‘‘(b)(1) A majority of the members of the advisory committee
shall constitute a quorum, but one or more such members des-
ignated by the advisory committee may hold meetings to provide
for public participation and to discuss measures relating to the
United States implementation of Commission recommendations.
‘‘(2) The advisory committee shall elect a Chairman for a 2-
year term from among its members.
‘‘(3) The advisory committee shall meet at appropriate times
and places at least twice a year, at the call of the Chairman
or upon the request of the majority of its voting members, the
United States Commissioners, the Secretary, or the Secretary of
State. Meetings of the advisory committee, except when in executive
session, shall be open to the public, and prior notice of meetings
shall be made public in a timely fashion.
‘‘(4)(A) The Secretary shall provide to the advisory committee
in a timely manner such administrative and technical support serv-
ices as are necessary for the effective functioning of the committee.
‘‘(B) The Secretary and the Secretary of State shall furnish
the advisory committee with relevant information concerning fish-
eries and international fishery agreements.
‘‘(5) The advisory committee shall determine its organization,
and prescribe its practices and procedures for carrying out its
functions under this Act, the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and the Convention.
The advisory committee shall publish and make available to the
public a statement of its organization, practices, and procedures.
‘‘(6) The advisory committee shall, to the maximum extent
practicable, consist of an equitable balance among the various
groups concerned with the fisheries covered by the Convention
and shall not be subject to the Federal Advisory Committee Act
(5 U.S.C. App.).’’.
H. R. 716—20
SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVENTION.
Section 6(c) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971d(c)) is amended—
(1) by inserting ‘‘AND
OTHER
MEASURES’’ after ‘‘REGULA-
TIONS’’ in the section caption;
(2) by inserting ‘‘or fishing mortality level’’ after ‘‘quota
of fish’’ in the last sentence of paragraph (3); and
(3) by inserting the following after paragraph (5):
‘‘(6) IDENTIFICATION AND NOTIFICATION.—
‘‘(A) Not later than July 1, 1996, and annually there-
after, the Secretary, in consultation with the Secretary
of State, the Commissioners, and the advisory committee,
shall—
‘‘(i) identify those nations whose fishing vessels
are fishing, or have fished during the preceding cal-
endar year, within the convention area in a manner
or under circumstances that diminish the effectiveness
of a conservation recommendation;
‘‘(ii) notify the President and the nation so identi-
fied, including an explanation of the reasons therefor;
and
‘‘(iii) publish a list of those Nations identified under
subparagraph (A).
In identifying those Nations, the Secretary shall consider,
based on the best available information, whether those
Nations have measures in place for reporting, monitoring,
and enforcement, and whether those measures diminish
the effectiveness of any conservation recommendation.
‘‘(7) CONSULTATION.—Not later than 30 days after a Nation
is notified under paragraph (6), the President may enter into
consultations with the Government of that Nation for the pur-
pose of obtaining an agreement that will—
‘‘(A) effect the immediate termination and prevent the
resumption of any fishing operation by vessels of that
Nation within the Convention area which is conducted
in a manner or under circumstances that diminish the
effectiveness of the conservation recommendation;
‘‘(B) when practicable, require actions by that Nation,
or vessels of that Nation, to mitigate the negative impacts
of fishing operations on the effectiveness of the conservation
recommendation involved, including but not limited to, the
imposition of subsequent-year deductions for quota over-
ages; and
‘‘(C) result in the establishment, if necessary, by such
Nation of reporting, monitoring, and enforcement measures
that are adequate to ensure the effectiveness of conserva-
tion recommendations.’’.
SEC. 306. FINES AND PERMIT SANCTIONS.
Section 7(e) of the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971(e)) is amended to read as follows:
‘‘(e) The civil penalty and permit sanctions of section 308 of
the Magnuson Fishery Conservation and Management Act (16
U.S.C. 1858) are hereby made applicable to violations of this section
as if they were violations of section 307 of that Act.’’.
H. R. 716—21
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971h) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10. There are authorized to be appropriated to carry
out this Act, including use for payment of the United States share
of the joint expenses of the Commission as provided in Article
X of the Convention, the following sums:
‘‘(1) For fiscal year 1995, $4,103,000, of which $50,000
are authorized in the aggregate for the advisory committee
established under section 4 and the species working groups
established under section 4A, and $2,890,000 are authorized
for research activities under this Act and the Act of September
4, 1980 (16 U.S.C. 971i).
‘‘(2) For fiscal year 1996, $5,453,000, of which $50,000
are authorized in the aggregate for such advisory committee
and such working groups, and $4,240,000 are authorized for
such research activities.
‘‘(3) For fiscal year 1997, $5,465,000 of which $62,000 are
authorized in the aggregate for such advisory committee and
such working groups, and $4,240,000 are authorized for such
research activities.
‘‘(4) For fiscal year 1998, $5,465,000 of which $75,000 are
authorized in the aggregate for such advisory committee and
such working groups, and $4,240,000 are authorized for such
research activities.’’.
SEC. 308. REPORT AND SAVINGS CLAUSE.
The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971
et seq.) is amended by adding at the end thereof the following:
‘‘§ 11. Annual report
‘‘Not later than April 1, 1996, and annually thereafter, the
Secretary shall prepare and transmit to the Committee on Resources
of the House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report, that—
‘‘(1) details for the previous 10-year period the catches
and exports to the United States of highly migratory species
(including tunas, swordfish, marlin and sharks) from Nations
fishing on Atlantic stocks of such species that are subject to
management by the Commission;
‘‘(2) identifies those fishing Nations whose harvests are
inconsistent with conservation and management recommenda-
tions of the Commission;
‘‘(3) describes reporting requirements established by the
Secretary to ensure that imported fish products are in compli-
ance with all international management measures, including
minimum size requirements, established by the Commission
and other international fishery organizations to which the
United States is a party; and
‘‘(4) describes actions taken by the Secretary under section
6.
H. R. 716—22
‘‘§ 12. Savings clause
‘‘Nothing in this Act shall have the effect of diminishing the
rights and obligations of any Nation under Article VIII(3) of the
Convention.’’.
SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.
(a) Not later than 90 days after the date of the enactment
of this Act, the Secretary of Commerce in accordance with this
section shall publish a preliminary determination of the level of
the United States recreational and commercial catch of Atlantic
yellowfin tuna on an annual basis since 1980. The Secretary shall
publish a preliminary determination in the Federal Register for
comment for a period not to exceed 60 days. The Secretary shall
publish a final determination not later than 140 days from the
date of the enactment of this section.
(b) Not later than July 1, 1996, the Secretary of Commerce
shall implement the recommendations of the International Commis-
sion for the Conservation of Atlantic Tunas regarding yellowfin
tuna made pursuant to Article VIII of the International Convention
for the Conservation of Atlantic Tunas and acted upon favorably
by the Secretary of State under section 5(a) of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971c(a)).
SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.
Not later than 270 days after the date of enactment of this
Act, the Secretary of Commerce shall submit to the Committee
on Commerce, Science and Transportation of the Senate and to
the Committee on Resources of the House of Representatives a
report on the historic rationale, effectiveness, and biological and
economic efficiency of existing bluefin tuna regulations for United
States Atlantic fisheries. Specifically, the biological rationale for
each regional and category allocation, including directed and
incidental categories, should be described in light of the average
size, age, and maturity of bluefin tuna caught in each fishery
and the effect of this harvest on stock rebuilding and sustainable
yield. The report should examine the history and evaluate the
level of wasteful discarding, and evaluate the effectiveness of non-
quota regulations at constraining harvests within regions. Further,
comments should be provided on levels of participation in specific
fisheries in terms of vessels and trips, enforcement implications,
and the importance of monitoring information provided by these
allocations on the precision of the stock assessment estimates.
SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGO-
TIATIONS.
(a) SHARING OF CONSERVATION BURDEN.—It is the sense of
the Congress that in future negotiations of the International
Commission for the Conservation of Atlantic Tunas (hereafter in
this section referred to as ‘‘ICCAT’’), the Secretary of Commerce
shall ensure that the conservation actions recommended by inter-
national commissions and implemented by the Secretary for United
States commercial and recreational fishermen provide fair and equi-
table sharing of the conservation burden among all contracting
harvesters in negotiations with those commissions.
(b) ENFORCEMENT PROVISIONS.—It is further the sense of the
Congress that, during 1995 ICCAT negotiations on swordfish and
other Highly Migratory Species managed by ICCAT, the Congress
H. R. 716—23
encourages the United States Commissioners to add enforcement
provisions similar to those applicable to bluefin tuna.
(c) ENHANCED MONITORING.—It is further the sense of the
Congress that the National Oceanic and Atmospheric Administra-
tion and the United States Customs Service should enhance mon-
itoring activities to ascertain what specific stocks are being imported
into the United States and the country of origin.
(d) MULTILATERAL ENFORCEMENT PROCESS.—It is further the
sense of the Congress that the United States Commissioners should
pursue as a priority the establishment and implementation prior
to December 31, 1996, an effective multilateral process that will
enable ICCAT nations to enforce the conservation recommendations
of the Commission.
TITLE IV—FISHERMEN’S PROTECTIVE ACT
SEC. 401. FINDINGS.
The Congress finds that—
(1) customary international law and the United Nations
Convention on the Law of the Sea guarantee the right of
passage, including innocent passage, to vessels through the
waters commonly referred to as the ‘‘Inside Passage’’ off the
Pacific Coast of Canada;
(2) in 1994 Canada required all commercial fishing vessels
of the United States to pay 1,500 Canadian dollars to obtain
a ‘‘license which authorizes transit’’ through the Inside Passage;
(3) this action was inconsistent with international law,
including the United Nations Convention on the Law of the
Sea, and, in particular, Article 26 of that Convention, which
specifically prohibits such fees, and threatened the safety of
United States commercial fishermen who sought to avoid the
fee by traveling in less protected waters;
(4) the Fishermen’s Protective Act of 1967 provides for
the reimbursement of vessel owners who are forced to pay
a license fee to secure the release of a vessel which has been
seized, but does not permit reimbursement of a fee paid by
the owner in advance in order to prevent a seizure;
(5) Canada required that the license fee be paid in person
in 2 ports on the Pacific Coast of Canada, or in advance by
mail;
(6) significant expense and delay was incurred by commer-
cial fishing vessels of the United States that had to travel
from the point of seizure back to one of those ports in order
to pay the license fee required by Canada, and the costs of
that travel and delay cannot be reimbursed under the Fisher-
men’s Protective Act;
(7) the Fishermen’s Protective Act of 1967 should be amend-
ed to permit vessel owners to be reimbursed for fees required
by a foreign government to be paid in advance in order to
navigate in the waters of that foreign country if the United
States considers that fee to be inconsistent with international
law;
(8) the Secretary of State should seek to recover from
Canada any amounts paid by the United States to reimburse
vessel owners who paid the transit license fee;
(9) the United States should review its current policy with
respect to anchorage by commercial fishing vessels of Canada
H. R. 716—24
in waters of the United States off Alaska, including waters
in and near the Dixon Entrance, and should accord such vessels
the same treatment that commercial fishing vessels of the
United States are accorded for anchorage in the waters of
Canada off British Columbia;
(10) the President should ensure that, consistent with inter-
national law, the United States Coast Guard has available
adequate resources in the Pacific Northwest and Alaska to
provide for the safety of United States citizens, the enforcement
of United States law, and to protect the rights of the United
States and keep the peace among vessels operating in disputed
waters;
(11) the President should continue to review all agreements
between the United States and Canada to identify other actions
that may be taken to convince Canada that any reinstatement
of the transit license fee would be against Canada’s long-term
interests, and should immediately implement any actions which
the President deems appropriate if Canada reinstates the fee;
(12) the President should continue to convey to Canada
in the strongest terms that the United States will not now,
nor at any time in the future, tolerate any action by Canada
which would impede or otherwise restrict the right of passage
of vessels of the United States in a manner inconsistent with
international law; and
(13) the United States should continue its efforts to seek
expeditious agreement with Canada on appropriate fishery con-
servation and management measures that can be implemented
through the Pacific Salmon Treaty to address issues of mutual
concern.
SEC. 402. AMENDMENT TO THE FISHERMEN’S PROTECTIVE ACT OF
1967.
(a) The Fishermen’s Protective Act of 1967 (22 U.S.C. 1971
et seq.) is amended by adding at the end the following new section:
‘‘SEC. 11. (a) In any case on or after June 15, 1994, in which
a vessel of the United States exercising its right of passage is
charged a fee by the government of a foreign country to engage
in transit passage between points in the United States (including
a point in the exclusive economic zone or in an area over which
jurisdiction is in dispute), and such fee is regarded by the United
States as being inconsistent with international law, the Secretary
of State shall, subject to the availability of appropriated funds,
reimburse the vessel owner for the amount of any such fee paid
under protest.
‘‘(b) In seeking such reimbursement, the vessel owner shall
provide, together with such other information as the Secretary
of State may require—
‘‘(1) a copy of the receipt for payment;
‘‘(2) an affidavit attesting that the owner or the owner’s
agent paid the fee under protest; and
‘‘(3) a copy of the vessel’s certificate of documentation.
‘‘(c) Requests for reimbursement shall be made to the Secretary
of State within 120 days after the date of payment of the fee,
or within 90 days after the date of enactment of this section,
whichever is later.
‘‘(d) Such funds as may be necessary to meet the requirements
of this section may be made available from the unobligated balance
H. R. 716—25
of previously appropriated funds remaining in the Fishermen’s
Protective Fund established under section 9. To the extent that
requests for reimbursement under this section exceed such funds,
there are authorized to be appropriated such sums as may be
needed for reimbursements authorized under subsection (a), which
shall be deposited in the Fishermen’s Protective Fund established
under section 9.
‘‘(e) The Secretary of State shall take such action as the Sec-
retary deems appropriate to make and collect claims against the
foreign country imposing such fee for any amounts reimbursed
under this section.
‘‘(f) For purposes of this section, the term ‘owner’ includes
any charterer of a vessel of the United States.’’.
(b) The Fishermen’s Protective Act of 1967 (22 U.S.C. 1971
et seq.) is further amended by adding at the end the following:
‘‘SEC. 12. (a) If the Secretary of State finds that the government
of any nation imposes conditions on the operation or transit of
United States fishing vessels which the United States regards as
being inconsistent with international law or an international agree-
ment, the Secretary of State shall certify that fact to the President.
‘‘(b) Upon receipt of a certification under subsection (a), the
President shall direct the heads of Federal agencies to impose
similar conditions on the operation or transit of fishing vessels
registered under the laws of the nation which has imposed condi-
tions on United States fishing vessels.
‘‘(c) For the purposes of this section, the term ‘fishing vessel’
has the meaning given that term in section 2101(11a) of title
46, United States Code.
‘‘(d) It is the sense of the Congress that any action taken
by any Federal agency under subsection (b) should be commensurate
with any conditions certified by the Secretary of State under sub-
section (a).’’.
(c) Notwithstanding any other provision of law, the Secretary
of State shall reimburse the owner of any vessel of the United
States for costs incurred due to the seizure of such vessel in 1994
by Canada on the basis of a claim to jurisdiction over sedentary
species which was not recognized by the United States at the
time of such seizure. Any such reimbursement shall cover, in addi-
tion to amounts reimbursable under section 3 of the Fishermen’s
Protective Act of 1967 (22 U.S.C. 1973), legal fees and travel costs
incurred by the owner of any such vessel that were necessary
to secure the prompt release of the vessel and crew. Total reimburse-
ments under this subsection may not exceed $25,000 and may
be made available from the unobligated balances of previously
appropriated funds remaining in the Fishermen’s Protective Fund
established under section 9 of the Fishermen’s Protective Act (22
U.S.C. 1979).
SEC. 403. REAUTHORIZATION.
(a) Section 7(c) of the Fishermen’s Protective Act of 1967 (22
U.S.C. 1977(c)) is amended by striking the third sentence.
(b) Section 7(e) of the Fishermen’s Protective Act of 1967 (22
U.S.C. 1977(e)) is amended by striking ‘‘October 1, 1993’’ and insert-
ing ‘‘October 1, 2000’’.
SEC. 404. TECHNICAL CORRECTIONS.
(a)(1) Section 15(a) of Public Law 103–238 is amended by
striking ‘‘April 1, 1994,’’ and inserting ‘‘May 1, 1994.’’.
H. R. 716—26
(2) The amendment made by paragraph (1) shall be effective
on and after April 30, 1994.
(b) Section 803(13)(C) of Public Law 102–567 (16 U.S.C.
5002(13)(C)) is amended to read as follows:
‘‘(C) any vessel supporting a vessel described in
subparagraph (A) or (B).’’.
TITLE V—FISHERIES ENFORCEMENT IN CENTRAL SEA OF
OKHOTSK
SEC. 501. SHORT TITLE.
This title may be cited as the ‘‘Sea of Okhotsk Fisheries Enforce-
ment Act of 1995’’.
SEC. 502. FISHING PROHIBITION.
(a) ADDITION OF CENTRAL SEA OF OKHOTSK.—Section 302 of
the Central Bering Sea Fisheries Enforcement Act of 1992 (16
U.S.C. 1823 note) is amended by inserting ‘‘and the Central Sea
of Okhotsk’’ after ‘‘Central Bering Sea’’.
(b) DEFINITION.—Section 306 of such Act is amended—
(1) by redesignating paragraphs (2), (3), (4), (5), and (6)
as paragraphs (3), (4), (5), (6), and (7), respectively; and
(2) by inserting after paragraph (1) the following:
‘‘(2) CENTRAL SEA OF OKHOTSK.—The term ‘Central Sea
of Okhotsk’ means the Central Sea of Okhotsk area which
is more than two hundred nautical miles seaward of the base-
line from which the breadth of the territorial sea of the Russian
Federation is measured.’’.
TITLE VI—DRIFTNET MORATORIUM
SEC. 601. SHORT TITLE.
This title may be cited as the ‘‘High Seas Driftnet Fishing
Moratorium Protection Act’’.
SEC. 602. FINDINGS.
The Congress finds that—
(1) Congress has enacted and the President has signed
into law numerous Acts to control or prohibit large-scale
driftnet fishing both within the jurisdiction of the United States
and beyond the exclusive economic zone of any nation, including
the Driftnet Impact Monitoring, Assessment, and Control Act
of 1987 (title IV, Public Law 100–220), the Driftnet Act Amend-
ments of 1990 (Public Law 101–627), and the High Seas
Driftnet Fisheries Enforcement Act (title I, Public Law 102–
582);
(2) the United States is a party to the Convention for
the Prohibition of Fishing with Long Driftnets in the South
Pacific, also known as the Wellington Convention;
(3) the General Assembly of the United Nations has
adopted three resolutions and three decisions which established
and reaffirm a global moratorium on large-scale driftnet fishing
on the high seas, beginning with Resolution 44/225 in 1989
and most recently in Decision 48/445 in 1993;
(4) the General Assembly of the United Nations adopted
these resolutions and decisions at the request of the United
States and other concerned nations;
H. R. 716—27
(5) the best scientific information demonstrates the
wastefulness and potentially destructive impacts of large-scale
driftnet fishing on living marine resources and seabirds; and
(6) Resolution 46/215 of the United Nations General Assem-
bly calls on all nations, both individually and collectively, to
prevent large-scale driftnet fishing on the high seas.
SEC. 603. PROHIBITION.
The United States, or any agency or official acting on behalf
of the United States, may not enter into any international agree-
ment with respect to the conservation and management of living
marine resources or the use of the high seas by fishing vessels
that would prevent full implementation of the global moratorium
on large-scale driftnet fishing on the high seas, as such moratorium
is expressed in Resolution 46/215 of the United Nations General
Assembly.
SEC. 604. NEGOTIATIONS.
The Secretary of State, on behalf of the United States, shall
seek to enhance the implementation and effectiveness of the United
Nations General Assembly resolutions and decisions regarding the
moratorium on large-scale driftnet fishing on the high seas through
appropriate international agreements and organizations.
SEC. 605. CERTIFICATION.
The Secretary of State shall determine in writing prior to
the signing or provisional application by the United States of any
international agreement with respect to the conservation and
management of living marine resources or the use of the high
seas by fishing vessels that the prohibition contained in section
603 will not be violated if such agreement is signed or provisionally
applied.
SEC. 606. ENFORCEMENT.
The President shall utilize appropriate assets of the Depart-
ment of Defense, the United States Coast Guard, and other Federal
agencies to detect, monitor, and prevent violations of the United
Nations moratorium on large-scale driftnet fishing on the high
seas for all fisheries under the jurisdiction of the United States
and, in the case of fisheries not under the jurisdiction of the United
States, to the fullest extent permitted under international law.
TITLE VII—YUKON RIVER SALMON ACT
SEC. 701. SHORT TITLE.
This title may be cited as the ‘‘Yukon River Salmon Act of
1995’’.
SEC. 702. PURPOSES.
It is the purpose of this title—
(1) to implement the interim agreement for the conserva-
tion of salmon stocks originating from the Yukon River in
Canada agreed to through an exchange of notes between the
Government of the United States and the Government of Can-
ada on February 3, 1995;
(2) to provide for representation by the United States on
the Yukon River Panel established under such agreement; and
H. R. 716—28
(3) to authorize to be appropriated sums necessary to carry
out the responsibilities of the United States under such agree-
ment.
SEC. 703. DEFINITIONS.
As used in this title—
(1) The term ‘‘Agreement’’ means the interim agreement
for the conservation of salmon stocks originating from the
Yukon River in Canada agreed to through an exchange of
notes between the Government of the United States and the
Government of Canada on February 3, 1995.
(2) The term ‘‘Panel’’ means the Yukon River Panel estab-
lished by the Agreement.
(3) The term ‘‘Yukon River Joint Technical Committee’’
means the technical committee established by paragraph C.2
of the Memorandum of Understanding concerning the Pacific
Salmon Treaty between the Government of the United States
and the Government of Canada recorded January 28, 1985.
SEC. 704. PANEL.
(a) REPRESENTATION.—The United States shall be represented
on the Panel by six individuals, of whom—
(1) one shall be an official of the United States Government
with expertise in salmon conservation and management;
(2) one shall be an official of the State of Alaska with
expertise in salmon conservation and management; and
(3) four shall be knowledgeable and experienced with
regard to the salmon fisheries on the Yukon River.
(b) APPOINTMENTS.—Panel members shall be appointed as fol-
lows:
(1) The Panel member described in subsection (a)(1) shall
be appointed by the Secretary of State.
(2) The Panel member described in subsection (a)(2) shall
be appointed by the Governor of Alaska.
(3) The Panel members described in subsection (a)(3) shall
be appointed by the Secretary of State from a list of at least
3 individuals nominated for each position by the Governor
of Alaska. The Governor of Alaska may consider suggestions
for nominations provided by organizations with expertise in
Yukon River salmon fisheries. The Governor of Alaska may
make appropriate nominations to allow for, and the Secretary
of State shall appoint, at least one member under subsection
(a)(3) who is qualified to represent the interests of Lower Yukon
River fishing districts, and at least one member who is qualified
to represent the interests of Upper Yukon River fishing dis-
tricts. At least one of the Panel members under subsection
(a)(3) shall be an Alaska Native.
(c) ALTERNATES.—The Secretary of State may designate an
alternate Panel member for each Panel member the Secretary
appoints under subsections (b) (1) and (3), who meets the same
qualifications, to serve in the absence of the Panel member. The
Governor of the State of Alaska may designate an alternative Panel
member for the Panel member appointed under subsection (b)(2),
who meets the same qualifications, to serve in the absence of
that Panel member.
(d) TERM LENGTH.—Panel members and alternate Panel mem-
bers shall serve four-year terms. Any individual appointed to fill
H. R. 716—29
a vacancy occurring before the expiration of any term shall be
appointed for the remainder of that term.
(e) REAPPOINTMENT.—Panel members and alternate Panel
members shall be eligible for reappointment.
(f) DECISIONS.—Decisions by the United States section of the
Panel shall be made by the consensus of the Panel members
appointed under paragraphs (2) and (3) of subsection (a).
(g) CONSULTATION.—In carrying out their functions under the
Agreement, Panel members may consult with such other interested
parties as they consider appropriate.
SEC. 705. ADVISORY COMMITTEE.
(a) APPOINTMENTS.—The Governor of Alaska may appoint an
Advisory Committee of not less than eight, but not more than
twelve, individuals who are knowledgeable and experienced with
regard to the salmon fisheries on the Yukon River. At least 2
of the Advisory Committee members shall be Alaska Natives. Mem-
bers of the Advisory Committee may attend all meetings of the
United States section of the Panel, and shall be given the oppor-
tunity to examine and be heard on any matter under consideration
by the United States section of the Panel.
(b) COMPENSATION.—The members of such Advisory Committee
shall receive no compensation for their services.
(c) TERM LENGTH.—Advisory Committee members shall serve
two-year terms. Any individual appointed to fill a vacancy occurring
before the expiration of any term shall be appointed for the remain-
der of that term.
(d) REAPPOINTMENT.—Advisory Committee members shall be
eligible for reappointment.
SEC. 706. EXEMPTION.
The Federal Advisory Committee Act (5 U.S.C. App.) shall
not apply to the Panel, the Yukon River Joint Technical Committee,
or the Advisory Committee created under section 705 of this title.
SEC. 707. AUTHORITY AND RESPONSIBILITY.
(a) RESPONSIBLE MANAGEMENT ENTITY.—The State of Alaska
Department of Fish and Game shall be the responsible management
entity for the United States for the purposes of the Agreement.
(b) EFFECT OF DESIGNATION.—The designation under subsection
(a) shall not be considered to expand, diminish, or change the
management authority of the State of Alaska or the Federal Govern-
ment with respect to fishery resources.
(c) RECOMMENDATIONS OF PANEL.—In addition to recommenda-
tions made by the Panel to the responsible management entities
in accordance with the Agreement, the Panel may make rec-
ommendations concerning the conservation and management of
salmon originating in the Yukon River to the Department of the
Interior, Department of Commerce, Department of State, North
Pacific Fishery Management Council, and other Federal or State
entities as appropriate. Recommendations by the Panel shall be
advisory in nature.
SEC. 708. CONTINUATION OF AGREEMENT.
In the event that the Treaty between Canada and the United
States of America concerning Pacific Salmon, signed at Ottawa,
January 28, 1985, terminates prior to the termination of the Agree-
ment, and the functions of the Panel are assumed by the ‘‘Yukon
H. R. 716—30
River Salmon Commission’’ referenced in the Agreement, the provi-
sions of this title which apply to the Panel shall thereafter apply
to the Yukon River Salmon Commission, and the other provisions
of this title shall remain in effect.
SEC. 709. ADMINISTRATIVE MATTERS.
(a) Panel members and alternate Panel members who are not
State or Federal employees shall receive compensation at the daily
rate of GS–15 of the General Schedule when engaged in the actual
performance of duties.
(b) Travel and other necessary expenses shall be paid for all
Panel members, alternate Panel members, United States members
of the Joint Technical Committee, and members of the Advisory
Committee when engaged in the actual performance of duties.
(c) Except for officials of the United States Government, individ-
uals described in subsection (b) shall not be considered to be Federal
employees while engaged in the actual performance of duties, except
for the purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 71 of title 28, United States Code.
SEC. 710. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $4,000,000 for each
fiscal year for carrying out the purposes and provisions of the
Agreement and this title including—
(1) necessary travel expenses of Panel members, alternate
Panel members, United States members of the Joint Technical
Committee, and members of the Advisory Committee in accord-
ance with Federal Travel Regulations and sections 5701, 5702,
5704 through 5708, and 5731 of title 5, United States Code;
(2) the United States share of the joint expenses of the
Panel and the Joint Technical Committee: Provided, That Panel
members and alternate Panel members shall not, with respect
to commitments concerning the United States share of the
joint expenses, be subject to section 262(b) of title 22, United
States Code, insofar as it limits the authority of United States
representatives to international organizations with respect to
such commitments;
(3) not more than $3,000,000 for each fiscal year to the
Department of the Interior and to the Department of Commerce
for survey, restoration, and enhancement activities related to
Yukon River salmon; and
(4) $400,000 in each of fiscal years 1996, 1997, 1998, and
1999 to be contributed to the Yukon River Restoration and
Enhancement Fund and used in accordance with the Agree-
ment.
TITLE VIII—MISCELLANEOUS
SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.
Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C.
973g) is amended by adding at the end thereof the following:
‘‘(h) Notwithstanding the requirements of—
‘‘(1) section 1 of the Act of August 26, 1983 (97 Stat.
587; 46 U.S.C. 12108);
‘‘(2) the general permit issued on December 1, 1980, to
the American Tunaboat Association under section 104(h)(1) of
the Marine Mammal Protection Act (16 U.S.C. 1374(h)(1)); and
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‘‘(3) sections 104(h)(2) and 306(a) of the Marine Mammal
Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))—
any vessel documented under the laws of the United States as
of the date of enactment of the Fisheries Act of 1995 for which
a license has been issued under subsection (a) may fish for tuna
in the Treaty Area, including those waters subject to the jurisdiction
of the United States in accordance with international law, subject
to the provisions of the treaty and this Act, provided that no
such vessel fishing in the Treaty Area intentionally deploys a purse
seine net to encircle any dolphin or other marine mammal in
the course of fishing under the provisions of the Treaty or this
Act.’’.
SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC
MACKEREL.
Notwithstanding any other provision of law—
(1) no allocation may be made to any foreign nation or
vessel under section 201 of the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.) in any fishery
for which there is not a fishery management plan implemented
in accordance with that Act; and
(2) the Secretary of Commerce may not approve the portion
of any permit application submitted under section 204(b) of
the Act which proposes fishing by a foreign vessel for Atlantic
mackerel or Atlantic herring unless—
(A) the appropriate regional fishery management coun-
cil recommends under section 204(b)(5) of that Act that
the Secretary approve such fishing, and
(B) the Secretary of Commerce includes in the permit
any conditions or restrictions recommended by the appro-
priate regional fishery management council with respect
to such fishing.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.