H. R. 716—10
United States for any district in which such person is found, resides,
or transacts business, upon application by the United States and
after notice to such person, shall have jurisdiction to issue an
order requiring such person to appear and give testimony before
the Secretary or to appear and produce documents before the Sec-
retary, 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 permit
sanction is imposed under subsection (b) (other than a permit
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 pro-
vided 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 appropriate district court of the United States. In such
action the validity and appropriateness of the final order impos-
ing 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 thereof. 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 subsection (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 commission of any offense the person uses
a dangerous weapon, 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 imprisonment for not
more than 10 years, or both.
SEC. 110. FORFEITURES.
(a) IN GENERAL.—Any high seas fishing vessel (including its
fishing gear, furniture, appurtenances, stores, and cargo) used, and
any living marine resources (or the fair market value thereof)
taken or retained, in any manner, in connection with or as a
H. R. 716—11
result of the commission of any act prohibited by section 106 (other
than an act for which the issuance of a citation under section
107 is a sufficient sanction) shall be subject to forfeiture to the
United States. All or part of such vessel may, and all such living
marine resources (or the fair market value thereof) shall, be for-
feited to the United States pursuant to a civil proceeding under
this section.
(b) JURISDICTION OF DISTRICT COURTS.—Any district court of
the United States shall have jurisdiction, upon application of the
Attorney General on behalf of the United States, to order any
forfeiture authorized under subsection (a) and any action provided
for under subsection (d).
(c) JUDGMENT.—If a judgment is entered for the United States
in a civil forfeiture proceeding under this section, the Attorney
General may seize any property or other interest declared forfeited
to the United States, which has not previously been seized pursuant
to this title or for which security has not previously been obtained.
The provisions of the customs laws relating to—
(1) the seizure, forfeiture, and condemnation of property
for violation of the customs law;
(2) the disposition of such property or the proceeds from
the sale thereof; and
(3) the remission or mitigation of any such forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to have
been incurred, under the provisions of this title, unless such provi-
sions 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 pursu-
ant 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 person delivering such property
to the appropriate court upon order thereof, without any impair-
ment of its value, or paying the monetary value of such property
pursuant to an order of such court. Judgment shall be recover-
able on such bond or other security against both the principal
and any sureties in the event that any condition thereof is
breached, as determined 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 market value thereof. The
proceeds of any such sale shall be deposited with such court
pending the disposition 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 connection 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.
H. R. 716—12
TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE
MULTILATERAL COOPERATION IN THE NORTHWEST AT-
LANTIC FISHERIES
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Northwest Atlantic Fisheries
Convention Act of 1995’’.
SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.
(a) COMMISSIONERS.—
(1) 
APPOINTMENTS, 
GENERALLY.—The 
Secretary 
shall
appoint not more than 3 individuals to serve as the representa-
tives of the United States on the General Council and the
Fisheries Commission, who shall each—
(A) be known as a ‘‘United States Commissioner 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 representa-
tives of the commercial fishing industry;
(ii) 1 (but no more than 1) is an official of the
Government; and
(iii) 1, other than the individual appointed under
clause (ii), is a voting member of the New England
Fishery Management Council.
(B) The Secretary may not appoint as a Commissioner
an individual unless the individual is knowledgeable and
experienced concerning the fishery resources to which the
Convention applies.
(3) TERMS.—
(A) The term of an individual appointed as a Commis-
sioner—
(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 Commis-
sioner.
(b) ALTERNATE COMMISSIONERS.—
(1) APPOINTMENT.—The Secretary may, for any anticipated
absence of a duly appointed Commissioner 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 meet-
ing of the General Council or the Fisheries Commission for
which the Alternate Commissioner is designated.
(c) REPRESENTATIVES.—
(1) APPOINTMENT.—The Secretary shall appoint 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.—
H. R. 716—13
(A) The Secretary may not appoint an individual as
a Representative unless the individual is knowledgeable
and experienced concerning the scientific issues dealt with
by the Scientific Council.
(B) The Secretary shall appoint as a Representative
at least 1 individual who is an official of the Government.
(3) TERM.—An individual appointed as a Representative—
(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 Secretary.
(d) ALTERNATE REPRESENTATIVES.—
(1) APPOINTMENT.—The Secretary may, for any anticipated
absence of a duly appointed Representative at a meeting of
the Scientific Council, designate an individual to serve as an
Alternate Representative.
(2) FUNCTIONS.—An Alternate Representative may exercise
all powers and perform all duties of the Representative for
whom the Alternate Representative is designated, at any meet-
ing of the Scientific Council for which the Alternate Representa-
tive 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 functions under
the Convention, Commissioners, Alternate Commissioners, Rep-
resentatives, and Alternate Representatives shall—
(A) coordinate with the appropriate Regional Fishery
Management Councils established by section 302 of the
Magnuson Act (16 U.S.C. 1852); and
(B) consult with the committee established under sec-
tion 208.
(2) RELATIONSHIP TO OTHER LAW.—The Federal 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 DESCRIBED.—The
requests and specifications referred to in subsection (a) are, respec-
tively—
(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 con-
servation of fishery resources in waters under the jurisdiction
of the United States within the Convention Area; and
(2) any specification, under Article VIII(2) of the Conven-
tion, of the terms of reference for the consideration of a question
H. R. 716—14
referred to the Scientific Council pursuant to Article VII(1)
of the Convention.
SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO
CONVENTION.
The Secretary of State may, on behalf of the Government of
the United States—
(1) receive and transmit reports, requests, recommenda-
tions, proposals, and other communications of and to the
Organization and its subsidiary organs;
(2) object, or withdraw an objection, to the proposal 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 Secretary may arrange for
cooperation with other agencies of the United States, the States,
the New England and the Mid-Atlantic Fishery Management Coun-
cils, and private institutions and organizations.
(b) OTHER AGENCIES.—The head of any Federal agency may—
(1) cooperate in the conduct of scientific and other pro-
grams, 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 Organization for provid-
ing such services, facilities, and personnel.
SEC. 206. RULEMAKING.
The Secretary shall promulgate regulations as may be nec-
essary 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 enforcement officer
to board a fishing vessel that is subject to the person’s control
for purposes of conducting any search or inspection in connec-
tion with the enforcement 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 enforcement officer in the
conduct of any search or inspection described in paragraph
(2);
(4) to resist a lawful arrest for any act prohibited by this
section;
H. R. 716—15
(5) to ship, transport, offer for sale, sell, purchase, 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 sec-
tion.
(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 punishable under section 309(b) of
the Magnuson Act (16 U.S.C. 1859(b)).
(d) CIVIL FORFEITURES.—
(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 market 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 pursuant to this
title may be disposed of pursuant to the order of a court
of competent jurisdiction or, if perishable, in a manner pre-
scribed by regulations issued by the Secretary.
(e) ENFORCEMENT.—The Secretary and the Secretary of the
department in which the Coast Guard is operating 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 interests of justice.
SEC. 208. CONSULTATIVE COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of State and the Secretary,
shall jointly establish a consultative committee to advise the Sec-
retaries on issues related to the Convention.
(b) MEMBERSHIP.—
(1) The membership of the Committee shall include rep-
resentatives from the New England and Mid-Atlantic Fishery
Management Councils, the States represented on those Coun-
cils, the Atlantic States Marine Fisheries Commission, the fish-
ing 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 member of the
consultative committee shall serve for a term of two years
and shall be eligible for reappointment.
H. R. 716—16
(c) DUTIES OF THE COMMITTEE.—Members of the consultative
committee may attend—
(1) all public meetings of the General Council or the Fish-
eries Commission;
(2) any other meetings to which they are invited by the
General Council or the Fisheries Commission; and
(3) all nonexecutive meetings of the United States Commis-
sioners.
(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 section.
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, Representa-
tive, or Alternative Representative;
(2) an expert or adviser authorized under section 202(e);
or
(3) a member of the consultative committee established
by section 208.
(b) TRAVEL AND EXPENSES.—The Secretary of State shall, sub-
ject to the availability of appropriations, pay all necessary travel
and other expenses of persons described in subsection (a)(1) and
of not more than six experts 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 subsection (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 regulation issued under this title,
or any measure that is legally binding on the United States
under the Convention.
(2) COMMISSIONER.—The term ‘‘Commissioner’’ means a
United States Commissioner to the Northwest Atlantic Fish-
eries Organization appointed under section 202(a).
(3) CONVENTION.—The term ‘‘Convention’’ means the
Convention on Future Multilateral Cooperation in the North-
west Atlantic Fisheries, done at Ottawa on October 24, 1978.
(4) FISHERIES COMMISSION.—The term ‘‘Fisheries Commis-
sion’’ 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.
H. R. 716—17
(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 Organization provided for by Arti-
cle 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, partnership, association, or other entity
(whether or not organized or existing under the laws of any
State).
(9) REPRESENTATIVE.—The term ‘‘Representative’’ means
a United States Representative to the Northwest Atlantic Fish-
eries Scientific Council appointed under section 202(c).
(10) SCIENTIFIC
COUNCIL.—The term ‘‘Scientific Council’’
means the Scientific Council provided for by Articles II, VI,
VII, VIII, IX, and X of the Convention.
(11) SECRETARY.—The term ‘‘Secretary’’ means the Sec-
retary 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 1995, 1996, 1997, and 1998.
TITLE III—ATLANTIC TUNAS CONVENTION ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Atlantic Tunas Convention
Authorization Act of 1995’’.
SEC. 302. RESEARCH AND MONITORING ACTIVITIES.
(a) REPORT TO CONGRESS.—The Secretary of Commerce shall,
within 90 days after the date of enactment of this Act, submit
a report to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Resources of the House
of Representatives—
(1) identifying current governmental and nongovernmental
research and monitoring activities on Atlantic bluefin tuna
and other highly migratory species;
(2) describing the personnel and budgetary resources allo-
cated to such activities; and
(3) explaining how each activity contributes to the conserva-
tion and management of Atlantic bluefin tuna and other highly
migratory species.
(b) RESEARCH AND MONITORING PROGRAM.—Section 3 of the
Act of September 4, 1980 (16 U.S.C. 971i) is amended—
(1) by amending the section heading to read as follows:
‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.’’;
(2) by striking the last sentence;
(3) by inserting ‘‘(a) BIENNIAL REPORT ON BLUEFIN TUNA.—
’’ before ‘‘The Secretary of Commerce shall’’; and
(4) by adding at the end the following:
‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND MONITORING.—
H. R. 716—18
‘‘(1) Within 6 months after the date of enactment of the
Atlantic Tunas Convention Authorization Act of 1995, the Sec-
retary of Commerce, in cooperation with the advisory committee
established under section 4 of the Atlantic Tunas Convention
Act of 1975 (16 U.S.C. 971b) and in consultation with the
United States Commissioners on the International Commission
for the Conservation of Atlantic Tunas (referred to elsewhere
in this section as the ‘Commission’) and the Secretary of State,
shall develop and implement a comprehensive research and
monitoring program to support the conservation and manage-
ment of Atlantic bluefin tuna and other highly migratory spe-
cies that shall—
‘‘(A) identify and define the range of stocks of highly
migratory species in the Atlantic Ocean, including Atlantic
bluefin tuna; and
‘‘(B) provide for appropriate participation by nations
which are members of the Commission.
‘‘(2) The program shall provide for, but not be limited
to—
‘‘(A) statistically designed cooperative tagging studies;
‘‘(B) genetic and biochemical stock analyses;
‘‘(C) population censuses carried out through aerial
surveys of fishing grounds and known migration areas;
‘‘(D) adequate observer coverage and port sampling
of commercial and recreational fishing activity;
‘‘(E) collection of comparable real-time data on commer-
cial and recreational catches and landings through the
use of permits, logbooks, landing reports for charter oper-
ations and fishing tournaments, and programs to provide
reliable reporting of the catch by private anglers;
‘‘(F) studies of the life history parameters of Atlantic
bluefin tuna and other highly migratory species;
‘‘(G) integration of data from all sources and the
preparation of data bases to support management decisions;
and
‘‘(H) other research as necessary.
‘‘(3) In developing a program under this section, the Sec-
retary shall—
‘‘(A) ensure that personnel and resources of each
regional research center shall have substantial participa-
tion in the stock assessments and monitoring of highly
migratory species that occur in the region;
‘‘(B) provide for comparable monitoring of all United
States fishermen to which the Atlantic Tunas Convention
Act applies with respect to effort and species composition
of catch and discards;
‘‘(C) consult with relevant Federal and State agencies,
scientific and technical experts, commercial and rec-
reational fishermen, and other interested persons, public
and private, and shall publish a proposed plan in the
Federal Register for the purpose of receiving public com-
ment on the plan; and
‘‘(D) through the Secretary of State, encourage other
member nations to adopt a similar program.’’.