II
103D CONGRESS
1ST SESSION
H. R. 3188
IN THE SENATE OF THE UNITED STATES
NOVEMBER 4 (legislative day, NOVEMBER 2), 1993
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To prohibit fishing in the Central Sea of Okhotsk, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—FISHERIES ENFORCE-
MENT IN CENTRAL SEA OF
OKHOTSK
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Sea of Okhotsk Fish-
eries Enforcement Act of 1993’’.
SEC. 102. FISHING PROHIBITION.
The Central Bering Sea Fisheries Enforcement Act
of 1992 (16 U.S.C. 1823 note) is amended—
(1) in section 302, by inserting ‘‘and the
Central Sea of Okhotsk’’ after ‘‘Central Bering
Sea’’; and
(2) in section 306—
(A) by redesignating paragraphs (2), (3),
(4), (5), and (6) in order as paragraphs (3),
(4), (5), (6), and (7); and
(B) 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 nau-
tical miles seaward of the baseline from which the
breadth of the territorial sea of the Russian Federa-
tion is measured.’’.
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 1993’’.
SEC. 202. REPRESENTATION OF UNITED STATES UNDER
CONVENTION.
(a) COMMISSIONERS.—
(1) APPOINTMENTS, GENERALLY.—The Sec-
retary shall appoint not more than three individuals
to serve as the representatives of the United States
on the General Council and the Fisheries Commis-
sion, 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—
(i) at least one is appointed from
among representatives of the commercial
fishing industry; and
(ii) one (but no more than one) is an
official of the Government.
(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 four years.
(B) An individual who is not a Government
official may not serve more than two consecu-
tive terms as a Commissioner.
(b) ALTERNATE COMMISSIONERS.—
(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 three 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.
(B) The Secretary shall appoint as a Rep-
resentative at least one individual who is an of-
ficial of the Government.
(3) TERM.—An individual appointed as a Rep-
resentative—
(A) shall serve for a term of not to exceed
four 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
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 209.
(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
(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
United 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;
(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 Fishery
Management Council, and private institutions and organi-
zations.
(b) OTHER AGENCIES.—The head of any Federal
agency may—