(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 8 of this Act.
(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. 3. 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. 4. 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. 5. INTERAGENCY COOPERATION.
(a) AUTHORITIES OF SECRETARY.—In carrying out
the provisions of the Convention and this Act, 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. 6. RULEMAKING.
The Secretary shall promulgate regulations as may
be necessary to carry out the purposes and objectives of
the Convention and this Act. Any such regulation may be
made applicable, as necessary, to all persons and all ves-
sels subject to the jurisdiction of the United States, wher-
ever located.
SEC. 7. PROHIBITED ACTS AND PENALTIES.
(a) PROHIBITION.—It is unlawful for any person or
vessel that is subject to the jurisdiction of the United
States—
SEC. 9. 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 8.
(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 2(e) with re-
spect to their actual performance of their official duties
pursuant to this Act, in accordance with the Federal Trav-
el 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. 10. DEFINITIONS.
In this Act the following definitions apply:
(1) AUTHORIZED
ENFORCEMENT
OFFICER.—
The term ‘‘authorized enforcement officer’’ means a
person authorized to enforce this Act, any regulation
issued under this Act, or any measure that is legally
binding on the United States under the Convention.
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means a United States Commissioner to the
Northwest Atlantic Fisheries Organization appointed
under section 2(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 2(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. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out
this Act, 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.
Passed the House of Representatives March 28,
1995.
Attest:
Clerk.
104TH CONGRESS
1ST SESSION
H. R. 622
AN ACT
To implement the Convention on Future Multilat-
eral Cooperation in the Northwest Atlantic Fish-
eries.