(1) cooperate in the conduct of scientific and
other programs, and furnish facilities and personnel,
for the purposes of assisting the Organization in
carrying out its duties under the Convention; and
(2) accept reimbursement from the Organiza-
tion for providing such services, facilities, and per-
sonnel.
SEC. 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 en-
forcement 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,
intimidate, 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
possession 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 punish-
able 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 subsection (a), and any fish (or the fair mar-
ket value thereof) taken or retained, in any manner,
in connection 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 Sec-
retary of the Department in which the Coast Guard is op-
erating 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 inter-
ests 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
Committee established under section 209, is authorized
and encouraged to initiate negotiations with the Govern-
ment of Canada for the purpose of entering into an inter-
national fishery agreement with Canada for the conserva-
tion 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 con-
cern;
(2) provide for routine meetings between the of-
ficials 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 manage-
ment measures identified as mutually beneficial.
(c) APPLICATION OF EXISTING LAW.—An agreement
entered into pursuant to this section shall be subject to
section 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 con-
sultative committee to advise the Secretaries on issues re-
lated to the Convention and in the development and imple-
mentation 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 Com-
mission, the fishing industry, the seafood processing in-
dustry, and others knowledgeable and experienced in the
conservation and management of fisheries in the North-
west 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
Council 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 MAN-
AGEMENT
AGREEMENT.—Members of the consult-
ative committee shall advise the Secretaries on any
agreements established under section 208.
(d) RELATIONSHIP TO OTHER LAW.—The Federal
Advisory 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 reason of any service of the person as—
(1) a Commissioner, Alternate Commissioner,
Representative, or Alternative Representative;
(2) an expert or adviser authorized under sec-
tion 202(e); or
(3) a member of the consultative committee es-
tablished by section 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 de-
scribed in subsection (a)(1) and of not more than six ex-
perts and advisers 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 regula-
tion issued under this title, or any measure that is
legally binding on the United States under the Con-
vention.
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means a United States Commissioner to the
Northwest 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
Management Act (16 U.S.C. 1801 et seq.).
(7) ORGANIZATION.—The term ‘‘Organization’’
means the Northwest Atlantic Fisheries Organiza-
tion provided for by Article II of the Convention.
(8) PERSON.—The term ‘‘person’’ means any
individual (whether or not a citizen or national of
the United States), and any corporation, partner-
ship, association, or other entity (whether or not or-
ganized or existing under the laws of any State).
(9) REPRESENTATIVE.—The term ‘‘Representa-
tive’’ means a United States Representative to the
Northwest Atlantic Fisheries Scientific Council ap-
pointed under section 202(c).
(10) SCIENTIFIC
COUNCIL.—The term ‘‘Sci-
entific Council’’ means the Scientific Council pro-
vided for by Articles II, VI, VII, VIII, IX, and X of
the Convention.
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
SEC. 212. 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 1994, 1995, and 1996.
Passed the House of Representatives November 2,
1993.
Attest:
Clerk.
HR 3188 RFS——2