H. R. 716
One Hundred Fourth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the fourth day of January, one thousand nine hundred and ninety-five
An Act
To amend the Fishermen’s Protective Act.
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
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.
TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE
MULTILATERAL 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—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.
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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.
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 Agriculture Organization of the United Nations
on November 24, 1993; and
(2) to establish a system of permitting, reporting, and regu-
lation 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 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.
(2) The term ‘‘FAO’’ means the Food and Agriculture
Organization of the United Nations.
(3) The term ‘‘high seas’’ means the waters beyond 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.
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(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 exploitation 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 oper-
ation.
(5) The term ‘‘international conservation and management
measures’’ means measures to conserve or manage one or more
species of living marine resources that are adopted and applied
in accordance with the relevant rules of international law,
as reflected 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 organizations, subject to the rights and obliga-
tions 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 waterline; and
(B) for any high seas fishing vessel built before July
18, 1982, registered length as entered on the vessel’s docu-
mentation.
(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 orga-
nized or existing under the laws of any State), and any Federal,
State, 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, commonwealth, or possession of the
United States; unless the vessel has been granted the
nationality of a foreign nation in accordance with arti-
cle 92 of the 1982 United Nations 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 action by
an officer or employee of the United States authorized
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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 violation of the laws of the
United States, was either sold to a person not a citizen
of the United States or placed under foreign registry or
a foreign 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 nationality’’ have the same
meaning as in section 3(c) of the Maritime Drug Law Enforce-
ment Act (46 U.S.C. 1903(c)).
SEC. 104. PERMITTING.
(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 permit issued under this section.
(b) ELIGIBILITY.—
(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 authorization
because the vessel undermined the effectiveness of inter-
national 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, with-
drew such authorization because the vessel undermined
the effectiveness of international conservation and manage-
ment measures.
(2) The restriction in paragraph (1) does not apply if owner-
ship 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 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 permit would
not subvert the purposes of the Agreement.
(4) The Secretary may not issue a permit to a vessel unless
the Secretary is satisfied that the United States will be able
to exercise effectively its responsibilities under the Agreement
with respect to that vessel.
(c) APPLICATION.—
(1) The owner or operator of a high seas fishing vessel
may apply for a permit 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), offi-
cial 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 vessel’s owners
and operators;
(E) where and when the vessel was built;
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(F) the type of vessel;
(G) the vessel’s length; and
(H) any other information the Secretary requires for
the purposes of implementing the Agreement.
(d) CONDITIONS.—The Secretary shall establish such conditions
and restrictions on each permit 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 follow-
ing:
(1) The vessel shall be marked in accordance with the
FAO Standard Specifications for the Marking and Identification
of Fishing Vessels, or with regulations issued under section
305 of the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1855); and
(2) The permit holder shall report such information as
the Secretary by regulation requires, including area of fishing
operations and catch statistics. The Secretary shall promulgate
regulations concerning conditions under which information
submitted under this paragraph may be released.
(e) FEES.—
(1) The Secretary shall by regulation establish the level
of fees to be charged for permits issued under this section.
The amount of any fee charged for a permit issued under
this section shall not exceed the administrative costs incurred
in issuing such permits. The permitting fee may be in addition
to any fee required under any regional permitting regime
applicable 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 Atmospheric Administration. Fees
collected under this subsection shall be available for the nec-
essary expenses of the National Oceanic and Atmospheric
Administration 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 documenta-
tion, 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 automated file
or record of high seas fishing vessels issued permits under section
104, including all information submitted under section 104(c)(2).
(b) INFORMATION TO FAO.—The Secretary, in cooperation 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 contained in the
record maintained under subsection (a);
(2) promptly notify FAO of changes in such information;
(3) promptly notify FAO of additions to or deletions 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 relevant to the Secretary’s deter-
mination to issue the permit;
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(5) report promptly to FAO all relevant information regard-
ing any activities of high seas fishing vessels that undermine
the effectiveness of international conservation and management
measures, including the identity of the vessels and any sanc-
tions imposed; and
(6) provide the FAO a summary of evidence regarding
any activities of foreign vessels that undermine the effective-
ness of international conservation and management measures.
(c) INFORMATION
TO
FLAG
NATIONS.—If the Secretary, 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 effectiveness of international conservation and
management measures, the Secretary shall—
(1) provide to the flag nation information, including appro-
priate 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 arrangements to undertake such lawful
investigatory measures 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 consultation 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 permit application and reporting require-
ments. To the extent practicable, such regulations shall also be
consistent with regulations implementing fishery management
plans under the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.).
(e) NOTICE OF INTERNATIONAL CONSERVATION AND MANAGE-
MENT 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 meas-
ures 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 issued 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 reported,
communicated, or recorded pursuant to this title or any regula-
tion issued under this title, or to fail to submit in a timely
fashion any required information, or to fail to report to the
Secretary immediately any change in circumstances that has
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the effect of rendering any such information false, incomplete,
or misleading;
(5) to refuse to permit an authorized officer to board a
high seas fishing vessel subject to such person’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 prohib-
ited by this section;
(8) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detection of another person, know-
ing that such person has committed any act prohibited by
this section;
(9) to ship, transport, offer for sale, sell, purchase, 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 permit issued under this title; or
(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 enforced 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 reimbursable basis or otherwise, the person-
nel, services, equipment (including aircraft and vessels), and facili-
ties 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 provisions 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.
(c) POWERS OF ENFORCEMENT OFFICERS.—
(1) Any officer who is authorized under subsection (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 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
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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 prohib-
ited by section 106;
(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 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 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 officer 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 proceed-
ing 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 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 property 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 accordance with section 554
of title 5, United States Code, to have committed an act prohib-
ited 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 viola-
tion, 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 imposi-
tion or that has been imposed under this section.
(b) PERMIT SANCTIONS.—
(1) In any case in which—
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(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 violation of section 106;
or
(C) any amount in settlement of a civil forfeiture
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 applied for by
such vessel or person under this title, with or without
prejudice to the issuance of subsequent permits;
(ii) suspend such permit for a period of time consid-
ered 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 subsection, the Sec-
retary 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 culpabil-
ity, 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 owner-
ship. 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 or com-
promise 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 penalty or criminal
fine, the Secretary shall reinstate the permit 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 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 subpoenas for the
attendance and testimony of witnesses and the production of rel-
evant 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