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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,
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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 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 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-
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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 proc-
ess;
(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 Secretaries on issues related to the Convention.
(b) MEMBERSHIP.—
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(1) The membership of the Committee shall in-
clude representatives from the New England and Mid-
Atlantic Fishery Management Councils, the States
represented on those Councils, the Atlantic States Ma-
rine Fisheries Commission, the fishing 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 mem-
ber of the consultative committee shall serve for a
term of two years and shall be eligible for reappoint-
ment.
(c) DUTIES OF THE COMMITTEE.—Members of the con-
sultative committee may attend—
(1) all public meetings of the General Council or
the Fisheries 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 Commissioners.
(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.
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SEC. 209. 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 208.
(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.
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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 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.).
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(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).
(9) REPRESENTATIVE.—The term ‘‘Representa-
tive’’ means a United States Representative to the
Northwest Atlantic Fisheries Scientific Council ap-
pointed 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 Conven-
tion.
(11) SECRETARY.—The term ‘‘Secretary’’ means
the Secretary 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.
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TITLE III—ATLANTIC TUNAS CONVENTION ACT
SEC. 301. SHORT TITLE.
This title may be cited as the ‘‘Atlantic Tunas Conven-
tion Authorization Act of 1995’’.
SEC. 302. RESEARCH AND MONITORING ACTIVITIES.
(a) REPORT TO CONGRESS.—The Secretary of Com-
merce shall, within 90 days after the date of enactment of
this Act, submit a report to the Committee on Commerce,
Science, and Transportation of the Senate and the Commit-
tee on Resources of the House of Representatives—
(1) identifying current governmental and non-
governmental research and monitoring activities on
Atlantic bluefin tuna and other highly migratory spe-
cies;
(2) describing the personnel and budgetary re-
sources allocated to such activities; and
(3) explaining how each activity contributes to
the conservation 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:
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‘‘SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPE-
CIES.’’;
(2) by striking the last sentence;
(3) by inserting ‘‘(a) BIENNIAL REPORT
ON
BLUEFIN TUNA.—’’ before ‘‘The Secretary of Com-
merce shall’’; and
(4) by adding at the end the following:
‘‘(b) HIGHLY MIGRATORY SPECIES RESEARCH AND
MONITORING.—
‘‘(1) Within 6 months after the date of enactment
of the Atlantic Tunas Convention Authorization Act
of 1995, the Secretary 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 Commis-
sion 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 management of Atlantic
bluefin tuna and other highly migratory species that
shall—
‘‘(A) identify and define the range of stocks
of highly migratory species in the Atlantic
Ocean, including Atlantic bluefin tuna; and
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‘‘(B) provide for appropriate participation
by nations which are members of the Commis-
sion.
‘‘(2) The program shall provide for, but not be
limited to—
‘‘(A) statistically designed cooperative tag-
ging 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 commercial and recreational catches and
landings through the use of permits, logbooks,
landing reports for charter operations and fish-
ing tournaments, and programs to provide reli-
able reporting of the catch by private anglers;
‘‘(F) studies of the life history parameters of
Atlantic bluefin tuna and other highly migratory
species;
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‘‘(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 Secretary shall—
‘‘(A) ensure that personnel and resources of
each regional research center shall have substan-
tial participation 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 ef-
fort and species composition of catch and dis-
cards;
‘‘(C) consult with relevant Federal and
State agencies, scientific and technical experts,
commercial and recreational 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
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‘‘(D) through the Secretary of State, encour-
age other member nations to adopt a similar
program.’’.
SEC. 303. DEFINITIONS.
Section 2 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971) is amended—
(1) by designating paragraphs (3) through (10)
as (4) through (11), respectively, and inserting after
paragraph (2) the following;
‘‘(3) The term ‘conservation recommendation’
means any recommendation of the Commission made
pursuant to article VIII of the Convention and acted
upon favorably by the Secretary of State under sec-
tion 5(a) of this Act.’’;
(2) by striking paragraph (5), as redesignated,
and inserting the following:
‘‘(4) The term ‘exclusive economic zone’ means
an exclusive economic zone as defined in section 3 of
the Magnuson Fishery Conservation and Management
Act (16 U.S.C. 1802).’’; and
(3) by striking ‘‘fisheries zone’’ wherever it ap-
pears in the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 971 et seq.) and inserting ‘‘exclusive eco-
nomic zone’’.
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SEC. 304. ADVISORY COMMITTEE PROCEDURES.
Section 4 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971b) is amended—
(1) by inserting ‘‘(a)’’ before ‘‘There’’; and
(2) by adding at the end the following:
‘‘(b)(1) A majority of the members of the advisory com-
mittee shall constitute a quorum, but one or more such
members designated by the advisory committee may hold
meetings to provide for public participation and to discuss
measures relating to the United States implementation of
Commission recommendations.
‘‘(2) The advisory committee shall elect a Chairman
for a 2-year term from among its members.
‘‘(3) The advisory committee shall meet at appropriate
times and places at least twice a year, at the call of the
Chairman or upon the request of the majority of its voting
members, the United States Commissioners, the Secretary,
or the Secretary of State. Meetings of the advisory commit-
tee, except when in executive session, shall be open to the
public, and prior notice of meetings shall be made public
in a timely fashion.
‘‘(4)(A) The Secretary shall provide to the advisory
committee in a timely manner such administrative and
technical support services as are necessary for the effective
functioning of the committee.
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‘‘(B) The Secretary and the Secretary of State shall
furnish the advisory committee with relevant information
concerning fisheries and international fishery agreements.
‘‘(5) The advisory committee shall determine its orga-
nization, and prescribe its practices and procedures for car-
rying out its functions under this Act, the Magnuson Fish-
ery Conservation and Management Act (16 U.S.C. 1801 et
seq.), and the Convention. The advisory committee shall
publish and make available to the public a statement of its
organization, practices, and procedures.
‘‘(6) The advisory committee shall, to the maximum
extent practicable, consist of an equitable balance among
the various groups concerned with the fisheries covered by
the Convention and shall not be subject to the Federal Advi-
sory Committee Act (5 U.S.C. App.).’’.
SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVEN-
TION.
Section 6(c) of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971d(c)) is amended—
(1) by inserting ‘‘AND OTHER MEASURES’’ after
‘‘REGULATIONS’’ in the section caption;
(2) by inserting ‘‘or fishing mortality level’’ after
‘‘quota of fish’’ in the last sentence of paragraph (3);
and
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(3) by inserting the following after paragraph
(5):
‘‘(6) IDENTIFICATION AND NOTIFICATION.—
‘‘(A) Not later than July 1, 1996, and an-
nually thereafter, the Secretary, in consultation
with the Secretary of State, the Commissioners,
and the advisory committee, shall—
‘‘(i) identify those nations whose fish-
ing vessels are fishing, or have fished during
the preceding calendar year, within the con-
vention area in a manner or under cir-
cumstances that diminish the effectiveness of
a conservation recommendation;
‘‘(ii) notify the President and the na-
tion so identified, including an explanation
of the reasons therefor; and
‘‘(iii) publish a list of those Nations
identified under subparagraph (A).
In identifying those Nations, the Secretary shall
consider, based on the best available information,
whether those Nations have measures in place for
reporting, monitoring, and enforcement, and
whether those measures diminish the effectiveness
of any conservation recommendation.
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‘‘(7) CONSULTATION.—Not later than 30 days
after a Nation is notified under paragraph (6), the
President may enter into consultations with the gov-
ernment of that Nation for the purpose of obtaining
an agreement that will—
‘‘(A) effect the immediate termination and
prevent the resumption of any fishing operation
by vessels of that Nation within the Convention
area which is conducted in a manner or under
circumstances that diminish the effectiveness of
the conservation recommendation;
‘‘(B) when practicable, require actions by
that Nation, or vessels of that Nation, to mitigate
the negative impacts of fishing operations on the
effectiveness of the conservation recommendation
involved, including but not limited to, the impo-
sition of subsequent-year deductions for quota
overages; and
‘‘(C) result in the establishment, if nec-
essary, by such nation of reporting, monitoring,
and enforcement measures that are adequate to
ensure the effectiveness of conservation rec-
ommendations.’’.
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SEC. 306. FINES AND PERMIT SANCTIONS.
Section 7(e) of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971(e)) is amended to read as follows:
‘‘(e) The civil penalty and permit sanctions of section
308 of the Magnuson Fishery Conservation and Manage-
ment Act (16 U.S.C. 1858) are hereby made applicable to
violations of this section as if they were violations of section
307 of that Act.’’.
SEC. 307. AUTHORIZATION OF APPROPRIATIONS.
Section 10 of the Atlantic Tunas Convention Act of
1975 (16 U.S.C. 971h) is amended to read as follows:
‘‘AUTHORIZATION OF APPROPRIATIONS
‘‘SEC. 10. There are authorized to be appropriated to
carry out this Act, including use for payment of the United
States share of the joint expenses of the Commission as pro-
vided in article X of the Convention, the following sums:
‘‘(1) For fiscal year 1995, $4,103,000, of which
$50,000 are authorized in the aggregate for the advi-
sory committee established under section 4 and the
species working groups established under section 4A,
and $2,890,000 are authorized for research activities
under this Act and the Act of September 4, 1980 (16
U.S.C. 971i).
‘‘(2) For fiscal year 1996, $5,453,000, of which
$50,000 are authorized in the aggregate for such advi-
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sory committee and such working groups, and
$4,240,000 are authorized for such research activities.
‘‘(3) For fiscal year 1997, $5,465,000 of which
$62,000 are authorized in the aggregate for such advi-
sory committee and such working groups, and
$4,240,000 are authorized for such research activities.
‘‘(4) For fiscal year 1998, $5,465,000 of which
$75,000 are authorized in the aggregate for such advi-
sory committee and such working groups, and
$4,240,000 are authorized for such research activi-
ties.’’.
SEC. 308. REPORT AND SAVINGS CLAUSE.
The Atlantic Tuna Convention Act of 1975 (16 U.S.C.
971 et seq.) is amended by adding at the end thereof the
following:
‘‘§ 11. Annual report
‘‘Not later than April 1, 1996, and annually thereafter,
the Secretary shall prepare and transmit to the Committee
on Resources of the House of Representatives and the Com-
mittee on Commerce, Science, and Transportation of the
Senate a report, that—
‘‘(1) details for the previous 10-year period the
catches and exports to the United States of highly mi-
gratory species (including tunas, swordfish, marlin
and sharks) from nations fishing on Atlantic stocks of
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such species that are subject to management by the
Commission;
‘‘(2) identifies those fishing nations whose har-
vests are inconsistent with conservation and manage-
ment recommendations of the Commission;
‘‘(3) describes reporting requirements established
by the Secretary to ensure that imported fish products
are in compliance with all international management
measures, including minimum size requirements, es-
tablished by the Commission and other international
fishery organizations to which the United States is a
party; and
‘‘(4) describes actions taken by the Secretary
under section 6.
‘‘§ 12. Savings clause
‘‘Nothing in this Act shall have the effect of diminish-
ing the rights and obligations of any Nation under Article
VIII(3) of the Convention.’’.
SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.
(a) Not later than 90 days after the date of the enact-
ment of this Act, the Secretary of Commerce in accordance
with this section shall publish a preliminary determination
of the level of the United States recreational and commer-
cial catch of Atlantic yellowfin tuna on an annual basis
since 1980. The Secretary shall publish a preliminary de-
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SEC. 604. NEGOTIATIONS.
The Secretary of State, on behalf of the United States,
shall seek to enhance the implementation and effectiveness
of the United Nations General Assembly resolutions and de-
cisions regarding the moratorium on large-scale driftnet
fishing on the high seas through appropriate international
agreements and organizations.
SEC. 605. CERTIFICATION.
The Secretary of State shall determine in writing
prior to the signing or provisional application by the Unit-
ed States of any international agreement with respect to
the conservation and management of living marine re-
sources or the use of the high seas by fishing vessels that
the prohibition contained in section 603 will not be violated
if such agreement is signed or provisionally applied.
SEC. 606. ENFORCEMENT.
The President shall utilize appropriate assets of the
Department of Defense, the United States Coast Guard, and
other Federal agencies to detect, monitor, and prevent viola-
tions of the United Nations moratorium on large-scale
driftnet fishing on the high seas for all fisheries under the
jurisdiction of the United States and, in the case of fisheries
not under the jurisdiction of the United States, to the fullest
extent permitted under international law.