In the Senate of the United States,
June 30 (legislative day, June 19), 1995.
Resolved, That the bill from the House of Representa-
tives (H.R. 716) entitled ‘‘An Act to amend the Fishermen’s
Protective Act’’, do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Fisheries Act of 1995’’.
SEC. 2. TABLE OF CONTENTS.
The Table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I—HIGH SEAS FISHING COMPLIANCE
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Permitting.
Sec. 105. Responsibilities of the Secretary.
Sec. 106. Unlawful activities.
Sec. 107. Enforcement provisions.
Sec. 108. Civil penalties and permit sanctions.
Sec. 109. Criminal offenses.
Sec. 110. Forfeitures.
Sec. 111. Effective date.
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TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE MULTI-
LATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISH-
ERIES
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—ATLANTIC TUNAS CONVENTION ACT
Sec. 301. Short title.
Sec. 302. Research and monitoring activities.
Sec. 303. Definitions.
Sec. 304. Advisory committee procedures.
Sec. 305. Regulations and enforcement of Convention.
Sec. 306. Fines and permit sanctions.
Sec. 307. Authorization of appropriations.
Sec. 308. Report and savings clause.
Sec. 309. Management and Atlantic yellowfin tuna.
Sec. 310. Study of bluefin tuna regulations.
Sec. 311. Sense of the Congress with respect to ICCAT negotiations.
TITLE IV—FISHERMEN’S PROTECTIVE ACT
Sec. 401. Findings.
Sec. 402. Amendment to the Fishermen’s Protective Act of 1967.
Sec. 403. Reauthorization.
Sec. 404. Technical corrections.
TITLE V—FISHERIES ENFORCEMENT IN CENTRAL SEA OF
OKHOTSK
Sec. 501. Short title.
Sec. 502. Fishing prohibition.
TITLE VI—DRIFTNET MORATORIUM
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Prohibition.
Sec. 604. Negotiations.
Sec. 605. Certification.
Sec. 606. Enforcement.
TITLE VII—YUKON RIVER SALMON ACT
Sec. 701. Short title.
Sec. 702. Purposes.
Sec. 703. Definitions.
Sec. 704. Panel.
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Sec. 705. Advisory committee.
Sec. 706. Exemption.
Sec. 707. Authority and responsibility.
Sec. 708. Continuation of agreement.
Sec. 709. Administrative matters.
Sec. 710. Authorization of appropriations.
TITLE VIII—MISCELLANEOUS
Sec. 801. South Pacific tuna amendment.
Sec. 802. Foreign fishing for Atlantic herring and Atlantic mackerel.
TITLE I—HIGH SEAS FISHING COMPLIANCE
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘High Seas Fishing
Compliance Act of 1995’’.
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 Agri-
culture Organization of the United Nations on No-
vember 24, 1993; and
(2) to establish a system of permitting, report-
ing, and regulation for vessels of the United States
fishing on the high seas.
SEC. 103. DEFINITIONS.
As used in this Act—
(1) The term ‘‘Agreement’’ means the Agreement
to Promote Compliance with International Conserva-
tion and Management Measures by Fishing Vessels on
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the High Seas, adopted by the Conference of the Food
and Agriculture Organization of the United Nations
on November 24, 1993.
(2) The term ‘‘FAO’’ means the Food and Agri-
culture 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 engaged
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
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Law of the Sea, and that are recognized by the Unit-
ed States. Such measures may be adopted by global,
regional, or sub-regional fisheries organizations, sub-
ject to the rights and obligations of their members, or
by treaties or other international agreements.
(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 waterline, if that is
greater, except that in ships designed with a rake
of keel the waterline on which this length is
measured shall be parallel to the designed water-
line; and
(B) for any high seas fishing vessel built be-
fore July 18, 1982, registered length as entered
on the vessel’s documentation.
(7) The term ‘‘person’’ means any individual
(whether or not a citizen or national of the United
States), any corporation, partnership, association, or
other entity (whether or not organized or existing
under the laws of any State), and any Federal, State,
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local, or foreign government or any entity of any such
government.
(8) The term ‘‘Secretary’’ means the Secretary of
Commerce.
(9) The term ‘‘vessel of the United States’’
means—
(A) a vessel documented under chapter 121
of title 46, United States Code, or numbered in
accordance with chapter 123 of title 46, United
States Code;
(B) a vessel owned in whole or part by—
(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, com-
monwealth, or possession of the United
States; unless the vessel has been granted the
nationality of a foreign nation in accord-
ance with article 92 of the 1982 United Na-
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tions Convention on the Law of the Sea and
a claim of nationality or registry for the
vessel is made by the master or individual
in charge at the time of the enforcement ac-
tion by an officer or employee of the United
States authorized to enforce applicable pro-
visions 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 jurisdiction
of the United States’’ and ‘‘vessel without national-
ity’’ have the same meaning as in section 3(c) of the
Maritime Drug Law Enforcement Act (46 U.S.C.
1903(c)).
SEC. 104. PERMITTING.
(a) IN GENERAL.—No high seas fishing vessel shall en-
gage in harvesting operations on the high seas unless the
vessel has on board a valid permit issued under this section.
(b) ELIGIBILITY.—
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(1) Any vessel of the United States is eligible to
receive a permit under this section, unless the vessel
was previously authorized to be used for fishing on
the high seas by a foreign nation, and
(A) the foreign nation suspended such au-
thorization because the vessel undermined the ef-
fectiveness 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 permit under
this section, withdrew such authorization because
the vessel undermined the effectiveness of inter-
national conservation and management meas-
ures.
(2) The restriction in paragraph (1) does not
apply if ownership of the vessel has changed since the
vessel undermined the effectiveness of international
conservation and management measures, and the new
owner has provided sufficient evidence to the Sec-
retary demonstrating that the previous owner or oper-
ator has no further legal, beneficial or financial inter-
est in, or control of, the vessel.
(3) The restriction in paragraph (1) does not
apply if the Secretary makes a determination that is-
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ministrative costs incurred in issuing such permits.
The permitting fee may be in addition to any fee re-
quired under any regional permitting regime applica-
ble to high seas fishing vessels.
(2) The fees authorized by paragraph (1) shall be
collected and credited to the Operations, Research and
Facilities account of the National Oceanic and At-
mospheric Administration. Fees collected under this
subsection shall be available for the necessary expenses
of the National Oceanic and Atmospheric Administra-
tion in implementing this Act, and shall remain
available until expended.
(f) DURATION.—A permit issued under this section is
valid for 5 years. A permit issued under this section is void
in the event the vessel is no longer eligible for United States
documentation, 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 per-
mits under section 104, including all information submitted
under section 104(c)(2).
(b) INFORMATION TO FAO.—The Secretary, in co-
operation with the Secretary of State and the Secretary of
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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 dele-
tions from the record, and the reason for any deletion;
(4) convey to FAO information relating to any
permit granted under section 104(b)(3), including the
vessel’s identity, owner or operator, and factors rel-
evant to the Secretary’s determination to issue the
permit;
(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
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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 provi-
sions of the Agreement.
(d) REGULATIONS.—The Secretary, after consultation
with the Secretary of State and the Secretary of the depart-
ment in which the Coast Guard is operating, may promul-
gate 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 permit application and reporting require-
ments. To the extent practicable, such regulations shall also
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be consistent with regulations implementing fishery man-
agement plans under the Magnuson Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.).
(e) NOTICE OF INTERNATIONAL CONSERVATION AND
MANAGEMENT MEASURES.—The Secretary, in consultation
with the Secretary of State, shall publish in the Federal
Register, from time to time, a notice listing international
conservation and management measures recognized by the
United States.
SEC. 106. UNLAWFUL ACTIVITIES.
It is unlawful for any person subject to the jurisdiction
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 permit is-
sued under section 104;
(3) to use a high seas fishing vessel in violation
of the conditions or restrictions of a permit 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
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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, in-
timidate, 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 committed
any act prohibited by this section;
(9) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or pos-
session of, any living marine resource taken or re-
tained in violation of this title or any regulation or
permit issued under this title; or
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(10) to violate any provision of this title or any
regulation or permit 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 performance
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 pro-
visions of this title or any regulation or permit issued under
this title.
(b) DISTRICT COURT JURISDICTION.—The district
courts of the United States shall have exclusive jurisdiction
over any case or controversy arising under the provisions
of this title. In the case of Guam, and any Commonwealth,
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.
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(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 person
has committed an act prohibited by para-
graph (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
permit 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;
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(v) seize any other evidence related to
any violation of any provision of this title
or any regulation or permit issued under
this title;
(B) execute any warrant or other process is-
sued 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 ma-
rine resources may make an arrest without a warrant
for an offense against the United States committed in
his presence, or for a felony cognizable under the laws
of the United States, if he has reasonable grounds to
believe that the person to be arrested 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 there-
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for, on the permit. The Secretary shall maintain a record
of all citations issued pursuant to this subsection.
(e) LIABILITY FOR COSTS.—Any person assessed a
civil penalty for, or convicted of, any violation of this Act
shall be liable for the cost incurred in storage, care, and
maintenance of any living marine resource or other prop-
erty seized in connection with the violation.
SEC. 108. CIVIL PENALTIES AND PERMIT 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 penalty.
The amount of the civil penalty shall not exceed
$100,000 for each violation. Each day of a continuing
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.
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(2) The Secretary may compromise, modify, or
remit, with or without conditions, any civil penalty
that is subject to imposition or that has been imposed
under this section.
(b) PERMIT 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 permit under section 104 has acted in vio-
lation 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 applied
for a permit under any fishery resource statute
enforced by the Secretary, has not been paid and
is overdue, the Secretary may—
(i) revoke any permit issued to or ap-
plied for by such vessel or person under this
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title, with or without prejudice to the issu-
ance of subsequent permits;
(ii) suspend such permit for a period
of time considered by the Secretary to be
appropriate;
(iii) deny such permit; or
(iv) impose additional conditions and
restrictions on such permit.
(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 sanc-
tion 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
permit 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 otherwise,
the owner shall disclose in writing to the prospective
transferee the existence of any permit sanction that
will be in effect or pending with respect to the vessel
at the time of the transfer. The Secretary may waive
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or compromise a sanction in the case of a transfer
pursuant to court order.
(4) In the case of any permit that is suspended
under this subsection for nonpayment of a civil pen-
alty or criminal fine, the Secretary shall reinstate the
permit upon payment of the penalty or fine and in-
terest thereon at the prevailing rate.
(5) No sanctions shall be imposed under this sub-
section unless there has been prior opportunity for a
hearing on the facts underlying the violation for
which the sanction is imposed, either in conjunction
with a civil penalty proceeding under this section or
otherwise.
(c) HEARING.—For the purposes of conducting any
hearing under this section, the Secretary may issue subpoe-
nas 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 pursuant to
this subsection, the district court of the 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
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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 permit sanction is imposed under subsection
(b) (other than a permit suspension for nonpayment of pen-
alty or fine) may obtain review thereof in the United States
district court for the appropriate district by filing a com-
plaint 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 sub-
stantial 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
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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 fish-
ing gear, furniture, appurtenances, stores, and cargo)
used in the commission of an act prohibited by sec-
tion 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 pen-
alty shall constitute a maritime lien on such vessel
that may be recovered in an action in rem in the dis-
trict 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
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in conduct that causes bodily injury to any authorized offi-
cer, 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 (in-
cluding 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 man-
ner, in connection with or as a 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 suffi-
cient 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 forfeited to the United States pursuant to a civil proceed-
ing under this section.
(b) JURISDICTION OF DISTRICT COURTS.—Any dis-
trict 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 Unit-
ed States in a civil forfeiture proceeding under this section,
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the Attorney General may seize any property or other inter-
est 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 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, un-
less such provisions are inconsistent with the purposes, pol-
icy, 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-
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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 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 presump-
tion 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.
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TITLE II—IMPLEMENTATION OF CONVENTION ON
FUTURE MULTILATERAL COOPERATION IN
THE NORTHWEST ATLANTIC 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 representatives of the United States on the Gen-
eral Council and the Fisheries Commission, who shall
each—
(A) be known as a ‘‘United States Commis-
sioner to the Northwest Atlantic Fisheries Orga-
nization’’; 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 in-
dustry;
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(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 concerning
the fishery resources to which the Convention ap-
plies.
(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 Commis-
sioner at a meeting of the General Council or the
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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 appoint
not more than 3 individuals to serve as the represent-
atives of the United States on the Scientific Council,
who shall each be known as a ‘‘United States Rep-
resentative to the Northwest Atlantic Fisheries Orga-
nization 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 concerning
the scientific issues dealt with by the Scientific
Council.
(B) The Secretary shall appoint as a Rep-
resentative at least 1 individual who is an offi-
cial of the Government.
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(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 Representa-
tive 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 meeting of the Scientific Council
for which the Alternate Representative is designated.
(e) EXPERTS AND ADVISERS.—The Commissioners, Al-
ternate Commissioners, Representatives, and Alternate Rep-
resentatives may be accompanied at meetings of the Organi-
zation by experts and advisers.
(f) COORDINATION AND CONSULTATION.—
(1) IN GENERAL.—In carrying out their func-
tions under the Convention, Commissioners, Alternate
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Commissioners, Representatives, and Alternate Rep-
resentatives shall—
(A) coordinate with the appropriate Re-
gional Fishery Management Councils established
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—
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(1) any request, under Article VII(1) of the Con-
vention, that the Scientific Council consider and re-
port 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 con-
sideration of a question referred to the Scientific
Council pursuant to Article VII(1) of the Convention.
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 organs;
(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 amend-
ment to the Convention; and
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(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 Councils, and private insti-
tutions and organizations.
(b) OTHER AGENCIES.—The head of any Federal agen-
cy may—
(1) cooperate in the conduct of scientific and
other programs, and furnish facilities and personnel,
for the purposes of assisting the Organization in car-
rying out its duties under the Convention; and
(2) accept reimbursement from the Organization
for providing such services, facilities, and personnel.
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 lo-
cated.