IB
Union Calendar No. 169
103D CONGRESS
1ST SESSION
H. R. 3188
[Report No. 103–316]
To amend the Central Bering Sea Fisheries Enforcement Act of 1992.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 29, 1993
Mr. YOUNG of Alaska (for himself, Mr. STUDDS, Mr. MANTON, and Mr.
FIELDS of Texas) introduced the following bill; which was referred to the
Committee on Merchant Marine and Fisheries
NOVEMBER 2, 1993
Reported with amendments, committed to the Committee of the Whole House
on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on September 29, 1993]
A BILL
To amend the Central Bering Sea Fisheries Enforcement
Act of 1992.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—FISHERIES ENFORCE-
MENT IN CENTRAL SEA OF
OKHOTSK
SEC. 101. SHORT TITLE.
This title may be cited as the ‘‘Sea of Okhotsk Fisheries
Enforcement Act of 1993’’.
SEC. 102. FISHING PROHIBITION.
The Central Bering Sea Fisheries Enforcement Act of
1992 (16 U.S.C. 1823 note) is amended—
(1) in section 302, by inserting ‘‘and the Central
Sea of Okhotsk’’ after ‘‘Central Bering Sea’’; and
(2) in section 306—
(A) by redesignating paragraphs (2), (3),
(4), (5), and (6) in order as paragraphs (3), (4),
(5), (6), and (7); and
(B) by inserting after paragraph (1) the fol-
lowing:
‘‘(2) CENTRAL
SEA
OF
OKHOTSK.—The term
‘Central Sea of Okhotsk’ means the central Sea of
Okhotsk area which is more than two hundred nau-
tical miles seaward of the baseline from which the
breadth of the territorial sea of the Russian Federa-
tion is measured.’’.
TITLE II—IMPLEMENTATION OF
CONVENTION 
ON 
FUTURE
MULTILATERAL 
COOPERA-
TION IN THE NORTHWEST AT-
LANTIC FISHERIES
SEC. 201. SHORT TITLE.
This title may be cited as the ‘‘Northwest Atlantic
Fisheries Convention Act of 1993’’.
SEC. 202. REPRESENTATION OF UNITED STATES UNDER
CONVENTION.
(a) COMMISSIONERS.—
(1) APPOINTMENTS, GENERALLY.—The Secretary
shall appoint not more than three 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 one is appointed from
among representatives of the commercial
fishing industry; and
(ii) one (but no more than one) is an
official of the Government.
(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 four years.
(B) An individual who is not a Government
official may not serve more than two 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
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 three individuals to serve as the rep-
resentatives of the United States on the Scientific
Council, who shall each be known as a ‘‘United States
Representative to the Northwest Atlantic Fisheries Or-
ganization 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 one 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
four 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
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 209.
(2) RELATIONSHIP TO OTHER LAW.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall
not apply to coordination and consultations under
this subsection.
SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.
(a) RESTRICTION.—The Representatives may not
make a request or specification described in subsection
(b)(1) or (2), respectively, unless the Representatives have
first—
(1) consulted with the appropriate Regional
Fishery Management Councils; and
(2) received the consent of the Commissioners for
that action.
(b) REQUESTS
AND TERMS
OF REFERENCE DE-
SCRIBED.—The requests and specifications referred to in
subsection (a) are, respectively—
(1) any request, under Article VII(1) of the 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
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 Fishery Man-
agement Council, and private institutions and organiza-
tions.
(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
located.
SEC. 207. PROHIBITED ACTS AND PENALTIES.
(a) PROHIBITION.—It is unlawful for any person or
vessel that is subject to the jurisdiction of the United
States—
(1) to violate any regulation issued under this
title or any measure that is legally binding on the
United States under the Convention;
(2) to refuse to permit any authorized enforce-
ment officer to board a fishing vessel that is subject
to the person’s control for purposes of conducting any
search or inspection in connection with the enforce-
ment 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, in-
timidate, or interfere with any authorized enforce-
ment officer in the conduct of any search or inspec-
tion described in paragraph (2);
(4) to resist a lawful arrest for any act prohib-
ited by this section;
(5) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or pos-
session of, any fish taken or retained in violation of
this section; or
(6) to interfere with, delay, or prevent, by any
means, the apprehension or arrest of another person,
knowing that the other person has committed an act
prohibited by this section.
(b) CIVIL PENALTY.—Any person who commits any
act that is unlawful under subsection (a) shall be liable to
the United States for a civil penalty, or may be subject to
a permit sanction, under section 308 of the Magnuson Act
(16 U.S.C. 1858).
(c) CRIMINAL PENALTY.—Any person who commits an
act that is unlawful under paragraph (2), (3), (4), or (6)
of subsection (a) shall be guilty of an offense punishable
under section 309(b) of the Magnuson Act (16 U.S.C.
1859(b)).
(d) CIVIL FORFEITURE.—
(1) IN GENERAL.—Any vessel (including its gear,
furniture, appurtenances, stores, and cargo) used in
the commission of an act that is unlawful under sub-
section (a), and any fish (or the fair market value
thereof) taken or retained, in any manner, in connec-
tion with or as a result of the commission of any act
that is unlawful under subsection (a), shall be subject
to seizure and forfeiture as provided in section 310 of
the Magnuson Act (16 U.S.C. 1860).
(2) DISPOSAL OF FISH.—Any fish seized pursu-
ant to this title may be disposed of pursuant to the
order of a court of competent jurisdiction or, if per-
ishable, in a manner prescribed by regulations issued
by the Secretary.
(e) ENFORCEMENT.—The Secretary and the 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. UNITED STATES–CANADA FISHERY MANAGEMENT
AGREEMENT.
(a) NEGOTIATIONS.—Not later than 180 days after the
date of enactment of this Act, the Secretary of State, in
consultation with the Secretary of Commerce and the Com-
mittee established under section 209, is authorized and en-
couraged to initiate negotiations with the Government of
Canada for the purpose of entering into an international
fishery agreement with Canada for the conservation and
management of fisheries of mutual concern in the northwest
Atlantic 
Ocean, 
with 
particular 
emphasis 
on
transboundary stocks of groundfish and ensuring the success
of New England groundfish restoration efforts pursuant to
the Magnuson Act.
(b) CONTENTS OF AGREEMENT.—An agreement en-
tered into pursuant to this section shall—
(1) provide for timely and periodic exchanges of
scientific information relating to the conservation and
management of fisheries stocks of mutual concern;
(2) provide for routine meetings between the offi-
cials of the United States and Canada responsible for
the conservation and management of fisheries;
(3) establish procedures for the identification of
conservation and management measures that would
be mutually beneficial; and
(4) identify procedures for the implementation
within each country of conservation and management
measures identified as mutually beneficial.
(c) APPLICATION OF EXISTING LAW.—An agreement
entered into pursuant to this section shall be subject to sec-
tion 203 of the Magnuson Act (16 U.S.C. 1823).
(d) LETTER.—Not later than one year after the date
of enactment of this Act, and annually thereafter until the
effective date of an agreement entered into pursuant to this
section, the Secretary of State shall transmit to the Congress
a letter describing activities of the Secretary under this
section.
SEC. 209. CONSULTATIVE COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of State and the
Secretary of Commerce, shall jointly establish a consultative
committee to advise the Secretaries on issues related to the
Convention and in the development and implementation of
a fishery agreement pursuant to section 208.
(b) MEMBERSHIP.—(1) The membership of the Com-
mittee shall include representatives from the New England
Fishery Management Council, the States represented on
that Council, the Atlantic States Marine Fisheries Commis-
sion, the fishing industry, the seafood processing industry,
and others knowledgeable and experienced in the conserva-
tion 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.
(c) DUTIES OF THE COMMITTEE.—
(1) NORTHWEST ATLANTIC FISHERIES ORGANI-
ZATION.—Members of the consultative committee may
attend—
(A) all public meetings of the General Coun-
cil or the Fisheries Commission;
(B) any other meetings to which they are
invited by the General Council or the Fisheries
Commission; and
(C) all nonexecutive meetings of the United
States Commissioners.
(2) UNITED STATES-CANADA FISHERIES MANAGE-
MENT AGREEMENT.—Members of the consultative com-
mittee shall advise the the Secretaries on any agree-
ments established under section 208.
(d) RELATIONSHIP TO OTHER LAW.—The Federal Ad-
visory Committee Act (5 U.S.C. App.) shall not apply to
the consultative committee established under this section.
SEC. 210. ADMINISTRATIVE MATTERS.
(a) PROHIBITION ON COMPENSATION.—A person shall
not receive any compensation from the Government by rea-
son of any service of the person as—
(1) a Commissioner, Alternate Commissioner,
Representative, or Alternative Representative;
(2) an expert or adviser authorized under section
202(e); or
(3) a member of the consultative committee es-
tablished by section 209.
(b) TRAVEL AND EXPENSES.—The Secretary of State
shall, subject 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 ad-
visers authorized under section 202(e) with respect to their
actual performance of their official duties pursuant to this
title, in accordance with the Federal Travel Regulations
and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code.
(c) STATUS AS FEDERAL EMPLOYEES.—A person shall
not be considered to be a Federal employee by reason of
any service of the person in a capacity described in sub-
section (a), except for purposes of injury compensation and
tort claims liability under chapter 81 of title 5, United
States Code, and chapter 17 of title 28, United States Code,
respectively.
SEC. 211. 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 bind-
ing on the United States under the Convention.
(2) COMMISSIONER.—The term ‘‘Commissioner’’
means a United States Commissioner to the North-
west Atlantic Fisheries Organization appointed under
section 202(a).
(3) 
CONVENTION.—The 
term 
‘‘Convention’’
means the Convention on Future Multilateral Co-
operation in the Northwest Atlantic Fisheries, done at
Ottawa on October 24, 1978.
(4) FISHERIES COMMISSION.—The term ‘‘Fish-
eries Commission’’ means the Fisheries Commission
provided for by Articles II, XI, XII, XIII, and XIV
of the Convention.
(5) GENERAL
COUNCIL.—The term ‘‘General
Council’’ means the General Council provided for by
Article II, III, IV, and V of the Convention.
(6) MAGNUSON ACT.—The term ‘‘Magnuson Act’’
means the Magnuson Fishery Conservation and Man-
agement Act (16 U.S.C. 1801 et seq.).
(7) ORGANIZATION.—The term ‘‘Organization’’
means the Northwest Atlantic Fisheries Organization
provided for by Article II of the Convention.
(8) PERSON.—The term ‘‘person’’ means any in-
dividual (whether or not a citizen or national of the
United States), and any corporation, partnership, as-
sociation, or other entity (whether or not organized or
existing under the laws of any State).