IIA
103D CONGRESS
2D SESSION
H. R. 4852
IN THE SENATE OF THE UNITED STATES
OCTOBER 7 (legislative day, SEPTEMBER 12), 1994
Received; read twice and referred to the Committee on Commerce, Science,
and Transportation
AN ACT
To provide congressional approval of a governing inter-
national fishery agreement, to authorize appropriations
for the Coast Guard for fiscal year 1995, and for other
purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Oceans Act of 1994’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
TABLE OF CONTENTS
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—HIGH SEAS FISHERIES LICENSING
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Licensing.
Sec. 105. Responsibilities of the Secretary.
Sec. 106. Unlawful activities.
Sec. 107. Enforcement provisions.
Sec. 108. Civil penalties and license sanctions.
Sec. 109. Criminal offenses.
Sec. 110. Forfeitures.
Sec. 111. Effective date.
TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE MUL-
TILATERAL 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—GOVERNING INTERNATIONAL FISHERY AGREEMENT
Sec. 301. Agreement with Lithuania.
TITLE IV—ATLANTIC TUNAS CONVENTION ACT
Sec. 401. Short title.
Sec. 402. Research and monitoring activities.
Sec. 403. Advisory Committee procedures.
Sec. 404. Regulations.
Sec. 405. Fines and permit sanctions.
Sec. 406. Authorization of appropriations.
Sec. 407. Report and certification.
Sec. 408. Sense of the Congress regarding conservation and management of At-
lantic bluefin tuna.
TITLE V—FISHERMEN’S PROTECTIVE ACT
Sec. 501. Findings.
Sec. 502. Amendment to the Fishermen’s Protective Act of 1967.
Sec. 503. Reauthorization.
Sec. 504. Technical corrections.
TITLE VI—FISHERIES ENFORCEMENT IN CENTRAL SEA OF
OKHOTSK
Sec. 601. Short title.
Sec. 602. Fishing prohibition.
TITLE VII—COAST GUARD AUTHORIZATIONS
Sec. 701. Authorization of appropriations.
Sec. 702. Authorized levels of military strength and training.
Sec. 703. Drug interdiction activities.
TITLE VIII—COAST GUARD PERSONNEL MANAGEMENT
IMPROVEMENT
Sec. 801. Hurricane Andrew relief.
Sec. 802. Dissemination of results of 0–6 continuation boards.
Sec. 803. Exclude certain reserves from end-of-year strength.
Sec. 804. Provision of child development services.
TITLE IX—NAVIGATION SAFETY AND WATERWAY SERVICES
MANAGEMENT
Sec. 901. Foreign passenger vessel user fees.
Sec. 902. Documentation violation.
Sec. 903. Clerical amendment.
Sec. 904. Renewal of Houston-Galveston Navigation Safety Advisory Committee
and Lower Mississippi River Waterway Advisory Committee.
TITLE X—MISCELLANEOUS PROVISIONS
Sec. 1001. Officer retention until retirement eligible.
Sec. 1002. Continuing obligation to provide documentation information at exist-
ing locations.
Sec. 1003. Continuation of the Commercial Fishing Industry Vessel Advisory
Committee.
Sec. 1004. Prohibition on station closures.
Sec. 1005. Renewal of the Navigation Safety Advisory Council.
Sec. 1006. Coast Guard Reserve peacetime requirements plan.
Sec. 1007. Prohibition on overhaul, repair, and maintenance of Coast Guard
vessels in foreign shipyards.
Sec. 1008. Electronic filing of commercial instruments.
Sec. 1009. Sense of the Congress regarding funding for Coast Guard.
Sec. 1010. Contracts for health care services.
Sec. 1011. Vessel financing.
Sec. 1012. Repeal of Great Lakes endorsements.
TITLE XI—RECREATIONAL BOATING SAFETY
Sec. 1101. Short title.
Sec. 1102. Personal flotation devices required for children.
Sec. 1103. Allocation of funds based on State adoption of laws regarding boat-
ing while intoxicated.
Sec. 1104. Marine casualty reporting.
Sec. 1105. Requiring violators to take recreational boating safety course.
Sec. 1106. Technical corrections.
TITLE XII—COAST GUARD REGULATORY REFORM
Sec. 1201. Short title.
Sec. 1202. Safety management.
Sec. 1203. Use of reports, documents, records, and examinations of other per-
sons.
Sec. 1204. Equipment approval.
Sec. 1205. Frequency of inspection.
Sec. 1206. Certificate of inspection.
Sec. 1207. Delegation of authority of Secretary to classification societies.
Sec. 1208. Study of marine casualty reporting requirements.
TITLE XIII—UNITED STATES CRUISE VESSEL DEVELOPMENT
Sec. 1301. Short title.
Sec. 1302. Purpose.
Sec. 1303. Coastwise transportation of passengers.
Sec. 1304. Construction standards.
Sec. 1305. Citizenship for purposes of documentation.
Sec. 1306. Loan guarantees.
Sec. 1307. Permits for vessels entering units of National Park System.
TITLE XIV—BOATING IMPROVEMENT
Sec. 1401. Short title.
Sec. 1402. Boating safety grants.
Sec. 1403. Boating access.
Sec. 1404. Definitions.
TITLE XV—TOWING VESSEL NAVIGATIONAL SAFETY
Sec. 1501. Short title.
Sec. 1502. Minimum navigational safety equipment for towing vessels.
Sec. 1503. Reporting marine casualties.
Sec. 1504. Report on feasibility of establishing a Differential Global Positioning
Satellite Navigation System and electronic charts for inland
waterways.
Sec. 1505. Manning and licensing requirements for towing vessels.
Sec. 1506. Civil penalties.
Sec. 1507. Merchant mariners’ documents required.
TITLE XVI—PROMOTION OF CONSTRUCTION AND DEVELOPMENT
OF UNITED STATES OFFSHORE SUPPLY VESSELS
Sec. 1601. Short title.
Sec. 1602. Definition of offshore supply vessel.
Sec. 1603. Application to vessels.
Sec. 1604. Authority to prescribe regulations for manning and licensing.
Sec. 1605. Citizenship requirement.
Sec. 1606. Response planning requirement.
Sec. 1607. Tonnage measurement definitions.
TITLE XVII—LIGHTHOUSE AND OTHER PROPERTY CONVEYANCES
Sec. 1701. Conveyance of Coast Guard property in Traverse City, Michigan.
Sec. 1702. Transfer of Coast Guard property in Ketchikan, Alaska.
Sec. 1703. Conveyance of Light Station Montauk Point, New York.
Sec. 1704. Conveyance of Cape Ann Lighthouse.
Sec. 1705. Transfer of Ocracoke Light Station to Secretary of the Interior.
Sec. 1706. Squirrel Point Lighthouse.
Sec. 1707. Conveyance of certain lighthouses located in Maine.
TITLE XVIII—BALLAST WATER MANAGEMENT
Sec. 1801. Short title.
Sec. 1802. Evaluation.
Sec. 1803. National Ballast Water Management Demonstration Program.
Sec. 1804. Authorization of appropriations.
TITLE XIX—NATIONAL OCEANIC AND ATMOSPHERIC
ADMINISTRATION AND GOVERNING ACT OF 1994
Sec. 1901. Short title.
Sec. 1902. Definitions.
Sec. 1903. National Ocean Service.
Sec. 1904. Ocean and Great Lakes research.
Sec. 1905. Authorization of appropriations for fisheries programs.
Sec. 1906. Scallop Restoration Program.
Sec. 1907. Saltonstall-Kennedy Program amendments.
Sec. 1908. Program support.
Sec. 1909. Use of ocean research resources of other federal agencies.
Sec. 1910. Nautical charting modernization and improvement.
Sec. 1911. West Coast groundfish laboratory.
Sec. 1912. Funds for operation and contractual purposes.
Sec. 1913. Conveyance of National Marine Fisheries Service Laboratory at
Gloucester, Massachusetts.
Sec. 1914. Reimbursement of expenses.
Sec. 1915. Study of National Oceanic and Atmospheric Administration Corps.
Sec. 1916. Promotion and coordination of National Estuarine Research Re-
serves.
Sec. 1917. Flower Garden Banks boundary modification.
Sec. 1918. Chesapeake Bay.
Sec. 1919. Weather reporting stations for Prince William Sound.
Sec. 1920. Cleanup of facilities.
Sec. 1921. Purchase of remotely sensed science data.
Sec. 1922. Contractor activities.
Sec. 1923. Cooperative agreements regarding administrative law judges.
Sec. 1924. Hydrographic surveying and mapping services.
Sec. 1925. Education program to reduce the risk associated with consuming
raw molluscan shellfish.
Sec. 1926. Feasibility study.
Sec. 1927. Fleet modernization.
Sec. 1928. Scientific programs for release of marine mammals.
Sec. 1929. Authorization of educational programs.
Sec. 1930. Undersea Research Program.
TITLE XX—ADDITIONAL MISCELLANEOUS PROVISIONS
Sec. 2001. Amendment to require EPIRBs on the Great Lakes.
Sec. 2002. Implementation of oil pollution requirements with respect to vegeta-
ble oil.
Sec. 2003. Dual purpose vessel.
Sec. 2004. Equitable treatment of United States ocean freight forwarders by
ocean carrier conferences.
Sec. 2005. Florida Avenue Bridge.
Sec. 2006. Limitation on consolidation of Houston and Galveston marine safety
offices.
Sec. 2007. Buy American requirement for Surface Search Radar Systems and
multibeam sonar.
Sec. 2008. Special recruiting authority to achieve diversity.
Sec. 2009. Recommendations on actions for the protection of the North Atlan-
tic right whale.
Sec. 2010. Prohibition on diversion of drug interdiction funds.
Sec. 2011. Limitation on authority of states to regulate gambling devices on
vessels.
Sec. 2012. Pollution from ships.
Sec. 2013. Cost accounting for Haitian operations.
Sec. 2014. Plan for rescue of passengers on the Chesapeake Bay.
Sec. 2015. Board for correction of military records deadline.
TITLE XXI—MARINE BIOTECHNOLOGY INVESTMENT ACT OF 1993
Sec. 2101. Short title.
Sec. 2102. Findings.
Sec. 2103. Definitions.
Sec. 2104. National marine biotechnology strategy.
Sec. 2105. National Oceanic and Atmospheric Administration.
Sec. 2106. Sea Grant Marine Biotechnology Program.
TITLE XXII—MERCHANT MARINER BENEFITS
Sec. 2201. Merchant mariner benefits.
TITLE XXIII—DOCUMENTATION OF VESSELS
Sec. 2301. Authorization of documentation for various vessels.
Sec. 2302. Authorization of documentation for the ATLANTIS III.
Sec. 2303. Authorization of sale and reregistration.
Sec. 2304. Vessel documentation for charity cruises.
Sec. 2305. Extension of deadline for the M/V TWIN DRILL.
Sec. 2306. Coastwise trade authorization for hovercraft.
Sec. 2307. Wrecked vessel.
TITLE I—HIGH SEAS FISHERIES
LICENSING
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘High Seas Fisheries
Licensing Act of 1994’’.
SEC. 102. PURPOSE.
It is the purpose of this Act—
(1) to implement the Agreement to Promote
Compliance with International Conservation and
Management Measures by Fishing Vessels on the
High Seas, adopted by the Conference of the Food
and Agriculture Organization of the United Nations
on November 24, 1993; and
(2) to establish a system of licensing, reporting,
and regulation for vessels of the United States fish-
ing on the high seas.
SEC. 103. DEFINITIONS.
As used in this Act—
(1) The term ‘‘Agreement’’ means the Agree-
ment to Promote Compliance with International
Conservation and Management Measures by Fishing
Vessels on the High Seas, adopted by the Con-
ference of the Food and Agriculture Organization of
the United Nations on November 24, 1993.
(2) The term ‘‘FAO’’ means the Food and Ag-
riculture Organization of the United Nations.
(3) The term ‘‘high seas’’ means the waters be-
yond the territorial sea or exclusive economic zone
(or the equivalent) of any nation, to the extent that
such territorial sea or exclusive economic zone (or
the equivalent) is recognized by the United States.
(4) The term ‘‘high seas fishing vessel’’ means
any vessel of the United States used or intended for
use—
(A) on the high seas;
(B) for the purpose of the commercial ex-
ploitation of living marine resources; and
(C) as a harvesting vessel, as a mother
ship, or as any other support vessel directly en-
gaged in a fishing operation.
(5) The term ‘‘international conservation and
management measures’’ means measures to conserve
or manage one or more species of living marine re-
sources that are adopted and applied in accordance
with the relevant rules of international law, as re-
flected in the 1982 United Nations Convention on
the Law of the Sea, and that are recognized by the
United States. Such measures may be adopted by
global, regional, or sub-regional fisheries organiza-
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-
(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 Unit-
ed Nations Convention on the Law of the
Sea and a claim of nationality or registry
for the vessel is made by the master or in-
dividual in charge at the time of the en-
forcement action by an officer or employee
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
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.
(4) The Secretary may not issue a license to a
vessel unless the Secretary is satisfied that the Unit-
ed States will be able to exercise effectively its re-
sponsibilities 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
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); and
(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.
(2) The fees authorized by paragraph (1) shall
be collected and credited to the Operations, Re-
search and Facilities account of the National Oce-
anic and Atmospheric Administration. Fees collected
under this subsection shall be available for the nec-
essary expenses of the National Oceanic and Atmos-
pheric Administration in implementing this Act, and
shall remain available until expended.
(f) DURATION.—A license issued under this section
is valid for the period specified in regulations issued under
section 105(d). A license issued under this section is void
in the event the vessel is no longer eligible for U.S. docu-
mentation, such documentation is revoked or denied, or
the vessel is deleted from such documentation.
SEC. 105. RESPONSIBILITIES OF THE SECRETARY.
(a) RECORD.—The Secretary shall maintain an auto-
mated file or record of high seas fishing vessels issued li-
censes under section 104, including all information sub-
mitted under section 104(c)(2).
(b) INFORMATION TO FAO.—The Secretary, in co-
operation with the Secretary of State and the Secretary
of the department in which the Coast Guard is operating,
shall—
(1) make available to FAO information con-
tained in the record maintained under subsection
(a);
(2) promptly notify FAO of changes in such in-
formation;
(3) promptly notify FAO of additions to or de-
letions from the record, and the reason for any dele-
tion;
(4) convey to FAO information relating to any
license granted under section 104(b)(3), including
the vessel’s identity, owner or operator, and factors
relevant to the Secretary’s determination to issue
the license;
(5) report promptly to FAO all relevant infor-
mation regarding any activities of high seas fishing
vessels that undermine the effectiveness of inter-
national conservation and management measures, in-
cluding the identity of the vessels and any sanctions
imposed; and
(6) provide the FAO a summary of evidence re-
garding any activities of foreign vessels that under-
mine the effectiveness of international conservation
and management measures.
(c) INFORMATION TO FLAG NATIONS.—If the Sec-
retary, in cooperation with the Secretary of State and the
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-
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
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
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 li-
cense 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
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
manner, in connection with or as a result
of the commission of any act prohibited by
section 106;
(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 ar-
rested 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
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.
(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
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
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 Unit-
ed States and after notice to such person, shall have juris-
diction to issue an order requiring such person to appear
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 punished
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,
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-
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
(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;
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.
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—
(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.—
(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.
(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
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
(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;
(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.
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);
(4) to resist a lawful arrest for any act prohib-
ited by this section;
(5) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or
possession of, any fish taken or retained in violation
of this section; or
(6) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
knowing that the other person has committed an act
prohibited by this section.
(b) CIVIL PENALTY.—Any person who commits any
act that is unlawful under subsection (a) shall be liable
to the United States for a civil penalty, or may be subject
to a permit sanction, under section 308 of the Magnuson
Act (16 U.S.C. 1858).
(c) CRIMINAL PENALTY.—Any person who commits
an act that is unlawful under paragraph (2), (3), (4), or
(6) of subsection (a) shall be guilty of an offense punish-
able under section 309(b) of the Magnuson Act (16 U.S.C.
1859(b)).
(d) CIVIL FORFEITURE.—
(1) IN
GENERAL.—Any vessel (including its
gear, furniture, appurtenances, stores, and cargo)
used in the commission of an act that is unlawful
under subsection (a), and any fish (or the fair mar-
ket value thereof) taken or retained, in any manner,
in connection with or as a result of the commission
of any act that is unlawful under subsection (a),
shall be subject to seizure and forfeiture as provided
in section 310 of the Magnuson Act (16 U.S.C.
1860).
(2) DISPOSAL OF FISH.—Any fish seized pursu-
ant to this title may be disposed of pursuant to the
order of a court of competent jurisdiction or, if per-
ishable, in a manner prescribed by regulations issued
by the Secretary.
(e) ENFORCEMENT.—The Secretary and the Sec-
retary of the department in which the Coast Guard is op-
erating shall enforce the provisions of this title and shall
have the authority specified in sections 311(a), (b)(1), and
(c) of the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and
(c)) for that purpose.
(f) JURISDICTION OF COURTS.—The district courts
of the United States shall have exclusive jurisdiction over
any case or controversy arising under this section and
may, at any time—
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other
process;
(3) prescribe and accept satisfactory bonds or
other security; and
(4) take such other actions as are in the inter-
ests of justice.
SEC. 208. CONSULTATIVE COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of State and
the Secretary, shall jointly establish a consultative com-
mittee to advise the Secretaries on issues related to the
Convention.
(b) MEMBERSHIP.—(1) The membership of the Com-
mittee shall include representatives from the New England
and Mid-Atlantic Fishery Management Councils, the
States represented on those Councils, the Atlantic States
Marine Fisheries Commission, the fishing industry, the
seafood processing industry, and others knowledgeable
and experienced in the conservation and management of
fisheries in the Northwest Atlantic Ocean.
(2) TERMS AND REAPPOINTMENT.—Each mem-
ber of the consultative committee shall serve for a
term of two years and shall be eligible for reappoint-
ment.
(c) DUTIES OF THE COMMITTEE.—Members of the
consultative committee may attend—
(1) all public meetings of the General Council
or the Fisheries Commission;
(2) any other meetings to which they are in-
vited by the General Council or the Fisheries Com-
mission; and
(3) all nonexecutive meetings of the United
States Commissioners.
(d) RELATIONSHIP TO OTHER LAW.—The Federal
Advisory Committee Act (5 U.S.C. App.) shall not apply
to the consultative committee established under this sec-
tion.
SEC. 209. ADMINISTRATIVE MATTERS.
(a) PROHIBITION
ON COMPENSATION.—A person
shall not receive any compensation from the Government
by reason of any service of the person as—
(1) a Commissioner, Alternate Commissioner,
Representative, or Alternative Representative;
(2) an expert or adviser authorized under sec-
tion 202(e); or
(3) a member of the consultative committee es-
tablished by section 208.
(b) TRAVEL
AND EXPENSES.—The Secretary of
State shall, subject to the availability of appropriations,
pay all necessary travel and other expenses of persons de-
scribed in subsection (a)(1) and of not more than six ex-
perts and advisers authorized under section 202(e) with
respect to their actual performance of their official duties
pursuant to this title, in accordance with the Federal
Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code.
(c) STATUS AS FEDERAL EMPLOYEES.—A person
shall not be considered to be a Federal employee by reason
of any service of the person in a capacity described in sub-
section (a), except for purposes of injury compensation
and tort claims liability under chapter 81 of title 5, United
States Code, and chapter 17 of title 28, United States
Code, respectively.
SEC. 210. DEFINITIONS.
In this title the following definitions apply:
(1) AUTHORIZED
ENFORCEMENT
OFFICER.—
The term ‘‘authorized enforcement officer’’ means a
person authorized to enforce this title, any regula-
tion issued under this title, or any measure that is
legally binding on the United States under the Con-
vention.
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means a United States Commissioner to the
Northwest Atlantic Fisheries Organization appointed
under section 202(a).
(3) CONVENTION.—The term ‘‘Convention’’
means the Convention on Future Multilateral Co-
operation in the Northwest Atlantic Fisheries, done
at Ottawa on October 24, 1978.
(4) FISHERIES COMMISSION.—The term ‘‘Fish-
eries Commission’’ means the Fisheries Commission
provided for by Articles II, XI, XII, XIII, and XIV
of the Convention.
(5) GENERAL
COUNCIL.—The term ‘‘General
Council’’ means the General Council provided for by
Article II, III, IV, and V of the Convention.
(6) MAGNUSON ACT.—The term ‘‘Magnuson
Act’’ means the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(7) ORGANIZATION.—The term ‘‘Organization’’
means the Northwest Atlantic Fisheries Organiza-
tion provided for by Article II of the Convention.
(8) PERSON.—The term ‘‘person’’ means any
individual (whether or not a citizen or national of
the United States), and any corporation, partner-
ship, association, or other entity (whether or not or-
ganized or existing under the laws of any State).
(9) REPRESENTATIVE.—The term ‘‘Representa-
tive’’ means a United States Representative to the
Northwest Atlantic Fisheries Scientific Council ap-
pointed under section 202(c).
(10) SCIENTIFIC
COUNCIL.—The term ‘‘Sci-
entific Council’’ means the Scientific Council pro-
vided for by Articles II, VI, VII, VIII, IX, and X of
the Convention.
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
SEC. 211. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this title, including use for payment as the United States
contribution to the Organization as provided in Article
XVI of the Convention, $500,000 for each of the fiscal
years 1994, 1995, 1996, 1997, and 1998.
TITLE III—GOVERNING INTER-
NATIONAL FISHERY AGREE-
MENT
SEC. 301. AGREEMENT WITH LITHUANIA.
Notwithstanding section 203 of the Magnuson Fish-
ery Conservation and Management Act (16 U.S.C. 1823),
the governing international fishery agreement between the
Government of the United States of America and the gov-
ernment of the Republic of Lithuania, as contained in the
message to Congress from the President of the United
States dated July 18, 1994, is approved as a governing
international fishery agreement for the purposes of such
‘‘(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 Sec-
retary of State under subsection (a).’’.
SEC. 503. 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 ‘‘Octo-
ber 1, 1993’’ and inserting ‘‘October 1, 2000’’.
SEC. 504. TECHNICAL CORRECTIONS.
(a)(1) Section 15(a) of Public Law 103-238 is
amended by striking ‘‘April 1, 1994,’’ and inserting ‘‘May
1, 1994.’’.
(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 de-
scribed in subparagraph (A) or (B).’’.