Fisheries Act of 1995
PL 104-43 (H.R.716), enacted 11/03/1995

109 STAT. 366 
PUBLIC LAW 104-43—NOV. 3, 1995 
Nov. 3, 1995 
[H.R. 716] 
Fisheries Act of 
1995. 
Conservation. 
16 u s e 5501 
note. 
Public Law 104-43 
104th Congress 
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. Dennitions. 
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 ana 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. 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 367 
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 
High Seas 
Fishing 
SEC. 101. SHORT TITLE. 
CompUance Act 
of 1995. 
This title may be cited as the "High Seas Fishing Compliance 
is USC 5501 
Act of 1995". 
note. 
SEC. 102. PURPOSE. 
16 USC 5501. 
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. 
16 USC 5502. 
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. 
109 STAT. 368 
PUBLIC LAW 104-43—NOV. 3, 1995 
(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 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 369 
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. 
16 USC 5503. 
(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 Secretaiy 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; 
99-194 O - 95 - 13 : QL 3 Part 1 
109 STAT. 370 
PUBLIC LAW 104-43—NOV. 3, 1995 
(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 
FAG 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 
Regulations. 
operations and catch statistics. The Secretary shall promulgate 
regulations concerning conditions under which information 
submitted under this paragraph may be released. 
Regulations. 
(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 Gperations, Research and Facilities account 
of the National Gceanic and Atmospheric Administration. Fees 
collected under this subsection shall be available for the nec-
essary expenses of the National Gceanic 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. 
16 use 5504. 
SEC. 105. RESPONSIBIUTIES 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 FAG.—^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 FAG information contained in the 
record maintained under subsection (a); 
(2) promptly notify FAG of changes in such information; 
(3) promptly notify FAG of additions to or deletions from 
the record, and the reason for any deletion; 
(4) convey to FAG information relating to any permit 
granted under section 104(b)(3), including the vessel's identity, 
owner or operator, and factors relevant to the Secretar^s deter-
mination to issue the permit; 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 371 
(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- Federal Register, 
MENT MEASURES.—The Secretary, in consultation with the Secretary publication. 
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. 
16 USC 5505. 
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 
109 STAT. 372 
PUBLIC LAW 104^3—NOV. 3, 1995 
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. 
16 use 5506. 
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 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 373 
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 Records, 
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. 
16USC5507. 
(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— 
109 STAT. 374 
PUBLIC LAW 104-43—NOV. 3, 1995 
(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 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 375 
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 issue an 
order requiring such person to appear and give testimony before 
the Secretary or to appear and produce documents before the Sec-
retary, 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 penalty or fine) may obtain review 
thereof in the United States district court for the appropriate dis-
trict by filing a complaint 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 pro-
vided 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 substantial 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 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 fishing gear, 
furniture, appurtenances, stores, and cargo) used in the 
commission of an act prohibited by section 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 
penalty shall constitute a maritime lien on such vessel that 
may be recovered in an action in rem in the district court 
of the United States having jurisdiction over the vessel. 
SEC. 109. CRIMINAL OFFENSES. 
16 USC 5508. 
(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 offfense the person uses 
a dangerous weapon, engages in conduct that causes bodily injury 
to any authorized officer, 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. 
16 USC 5509. 
(a) IN GENERAL.—^Any high seas fishing vessel (including 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 manner, in connection with or as a 
109 STAT. 376 
PUBLIC LAW 104-43—NOV. 3, 1995 
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 sufficient 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 for-
feited to the United States pursuant to a civil proceeding under 
this section. 
(b) JURISDICTION OF DISTRICT COURTS.—^Any district 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 United States 
in a civil forfeiture proceeding under this section, the Attorney 
General may seize any property or other interest 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 proceeds from 
the sale thereof; and 
(3) the remission or mitigation of any such forfeiture; 
shall apply to seizures and forfeitures incurred, or alleged to have 
been incurred, under the provisions of this title, unless such provi-
sions are inconsistent with the purposes, policy, 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 pursu-
ant 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 person delivering such property 
to the appropriate court upon order thereof, without any impair-
ment of its value, or paying the monetary value of such property 
pursuant to an order of such court. Judgment shall be recover-
able 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 presumption can be rebutted by 
an appropriate showing of evidence to the contrary. 
16 use 5501 
SEC. 111. EFFECTIVE DATE. 
This title shall take effect 120 days after the date of enactment 
of this Act. 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 377 
Northwest 
Atlantic 
Fisheries 
Convention Act 
of 1995. 
16 u s e 5601 
note. 
TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE 
MULTILATERAL COOPERATION IN THE NORTHWEST AT-
LANTIC 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. 
16 USC 5601. 
(a) COMMISSIONERS.— 
(1) 
APPOINTMENTS, 
GENERALLY.—^The 
Secretary 
shall 
appoint not more than 3 individuals to serve as the representa-
tives of the United States on the General Council and the 
Fisheries Commission, who shall each— 
(A) be known as a "United States Commissioner to 
the Northwest Atlantic Fisheries Organization"; 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 representa-
tives of the commercial fishing industry; 
(ii) 1 (but no more than 1) is an official of the 
Government; and 
(iii) 1, other than the individual appointed under 
clause (ii), is a voting member of the New England 
Fishery Management Council. 
(B) The Secretary may not appoint as a Commissioner 
an individual unless the individual is knowledgeable and 
experienced concerning the fishery resources to which the 
Convention applies. 
(3) TERMS.— 
(A) The term of an individual appointed as a Commis-
sioner— 
(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 Commis-
sioner. 
(b) ALTERNATE COMMISSIONERS.— 
(1) APPOINTMENT.—^The Secretary may, for any anticipated 
absence of a duly appointed Commissioner 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 meet-
ing 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 representatives of the United 
States on the Scientific Council, who shall each be known 
as a "United States Representative to the Northwest Atlantic 
Fisheries Organization Scientific Council". 
(2) ELIGIBILITY FOR APPOINTMENT.— 
109 STAT. 378 
PUBLIC LAW 104-43—NOV. 3, 1995 
(A) The Secretary may not appoint an individual as 
a Representative unless the individual is knowledgeable 
and experienced concerning the scientific issues dealt with 
by the Scientific Council. 
(B) The Secretary shall appoint as a Representative 
at least 1 individual who is an official of the Government. 
(3) TERM.—^An individual appointed as a Representative— 
(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 Secretary. 
(d) ALTERNATE REPRESENTATIVES.— 
(1) APPOINTMENT.—^The Secretary may, for any anticipated 
absence of a duly appointed Representative 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 meet-
ing of the Scientific Council for which the Alternate Representa-
tive is designated. 
(e) EXPERTS AND ADVISERS.—^The Commissioners, Alternate 
Commissioners, Representatives, and Alternate Representatives 
may be accompanied at meetings of the Organization by experts 
and advisers. 
(f) COORDINATION AND CONSULTATION.— 
(1) IN GENERAL.—In carrying out their functions under 
the Convention, Commissioners, Alternate Commissioners, Rep-
resentatives, and Alternate Representatives shall— 
(A) coordinate with the appropriate Regional Fishery 
Management Councils established by section 302 of the 
Magnuson Act (16 U.S.C. 1852); and 
(B) consult with the committee established under sec-
tion 208. 
(2) RELATIONSHIP TO OTHER LAW.—The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to coordination 
and consultations under this subsection. 
16 use 5602. 
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 DESCRIBED.—^The 
requests and specifications referred to in subsection (a) are, respec-
tively— 
(1) any request, under Article VII(l) of the Convention, 
that the Scientific Council consider and report on a question 
pertaining to the scientific basis for the management and con-
servation of fishery resources in waters under the jurisdiction 
of the United States within the Convention Area; and 
(2) any specification, under Article VIII(2) of the Conven-
tion, of the terms of reference for the consideration of a question 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 379 
referred to the Scientific Council pursuant to Article VII(l) 
of the Convention. 
SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
16 USC 5603. 
CONVENTION. 
The Secretary of State may, on behalf of the Government of 
the United States— 
(1) receive and transmit reports, requests, recommenda-
tions, proposals, and other communications of and to the 
Organization and its subsidiary organs; 
(2) object, or withdraw an objection, to the proposal 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. 
16 USC 5604. 
(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 Coun-
cils, and private institutions and organizations. 
(b) OTHER AGENCIES.—^The head of any Federal agency may— 
(1) cooperate in the conduct of scientific and other pro-
grams, 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 Organization for provid-
ing such services, facilities, and personnel. 
SEC. 206. RULEMAKING. 
16 USC 5605. 
The Secretary shall promulgate regulations as may be nec-
essary 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. 
16 USC 5606. 
(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 enforcement officer 
to board a fishing vessel that is subject to the person's control 
for purposes of conducting any search or inspection in connec-
tion with the enforcement 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 enforcement officer in the 
conduct of any search or inspection described in paragraph 
(2); 
(4) to resist a lawful arrest for any act prohibited by this 
section; 
109 STAT. 380 
PUBLIC LAW 104-43—NOV. 3, 1995 
(5) to ship, transport, offer for sale, sell, purchase, 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 sec-
tion. 
(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 subsection (a), and any fish 
(or the fair market 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). 
Regulations. 
(2) DISPOSAL OF FISH.—^Any fish seized pursuant to this 
title may be disposed of pursuant to the order of a court 
of competent jurisdiction or, if perishable, in a manner pre-
scribed 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. 
(0 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. 
16 use 5607. 
SEC. 208. CONSULTATIVE COMMITTEE. 
(a) ESTABLISHMENT.—^The Secretary of State and the Secretary, 
shall jointly establish a consultative committee to advise the Sec-
retaries on issues related to the Convention. 
(b) MEMBERSHIP.— 
(1) The membership of the Committee shall include rep-
resentatives from the New England and Mid-Atlantic Fishery 
Management Councils, the States represented on those Coun-
cils, the Atlantic States Marine Fisheries Commission, the fish-
ing 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 member of the 
consultative committee shall serve for a term of two years 
and shall be eligible for reappointment. 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 381 
(c) DUTIES OF THE COMMITTEE.—^Members of the consultative 
committee may attend— 
(1) all public meetings of the General Council or the Fish-
eries 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 Commis-
sioners. 
(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. 209. ADMINISTRATIVE MATTERS. 
16USC5608. 
(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, Representa-
tive, or Alternative Representative; 
(2) an expert or adviser authorized under section 202(e); 
or 
(3) a member of the consultative committee established 
by section 208. 
(b) TRAVEL AND EXPENSES.—^The Secretary of State shall, sub-
ject 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 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 subsection (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. 210. DEFINITIONS. 
16 USC 5609. 
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 binding on the United States 
under the Convention. 
(2) COMMISSIONER.—The term "Commissioner" means a 
United States Commissioner to the Northwest Atlantic Fish-
eries Organization appointed under section 202(a). 
(3) CONVENTION.—^The term "Convention" means the 
Convention on Future Multilateral Cooperation in the North-
west Atlantic Fisheries, done at Ottawa on October 24, 1978. 
(4) FISHERIES COMMISSION.—^The term "Fisheries Commis-
sion" 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. 
109 STAT. 382 
PUBLIC LAW 104^43—NOV. 3, 1995 
(6) MAGNUSON ACT.—^The term "Magnuson Act" means the 
Magnuson Fishery Conservation and Management Act (16 
U.S.C. ISOletseq.). 
(7) ORGANIZATION.—The term "Organization" means the 
Northwest Atlantic Fisheries Organization provided for by Arti-
cle 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, partnership, association, or other entity 
(whether or not organized or existing under the laws of any 
State). 
(9) REPRESENTATIVE.—^The term "Representative" means 
a United States Representative to the Northwest Atlantic Fish-
eries Scientific Council appointed 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 Convention. 
(11) SECRETARY.—^The term "Secretary" means the Sec-
retary of Commerce. 
16 u s e 5610. 
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. 
Atlantic Tunas 
TITLE III—ATLANTIC TUNAS CONVENTION ACT 
Convention 
Authorization 
g g c . 301. SHORT TITLE. 
Act of 1995. 
16 use 971 note. 
This title may be cited as the "Atlantic Tunas Convention 
Authorization Act of 1995". 
SEC. 302. RESEARCH AND MONITORING ACTIVITIES. 
(a) REPORT TO CONGRESS.—^The Secretary of Commerce shall, 
within 90 days after the date of enactment of this Act, submit 
a report to the Committee on Commerce, Science, and Transpor-
tation of the Senate and the Committee on Resources of the House 
of Representatives— 
(1) identifying current governmental and nongovernmental 
research and monitoring activities on Atlantic bluefin tuna 
and other highly migratory species; 
(2) describing the personnel and budgetarj^ resources allo-
cated to such activities; and 
(3) explaining how each activity contributes to the conserva-
tion 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. 97 li) is amended— 
(1) by amending the section heading to read as follows: 
"SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES."; 
(2) by striking the last sentence; 
(3) by inserting "(a) BIENNIAL REPORT ON BLUEFIN TUNA.— 
" before "The Secretary of Commerce shall"; and 
(4) by adding at the end the following: 
"(b) HIGHLY MIGRATORY SPECIES RESEARCH AND MONITORING.— 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 383 
"(1) Within 6 months after the date of enactment of the 
Atlantic Tunas Convention Authorization Act of 1995, the Sec-
retary 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 Commission 
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 manage-
ment of Atlantic bluefin tuna and other highly migratory spe-
cies that shall— 
"(A) identify and define the range of stocks of highly 
migratory species in the Atlantic Ocean, including Atlantic 
bluefin tuna; and 
"(B) provide for appropriate participation by nations 
which are members of the Commission. 
"(2) The program shall provide for, but not be limited 
to— 
"(A) statistically designed cooperative tagging 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 commer-
cial and recreational catches and landings through the 
use of permits, logbooks, landing reports for charter oper-
ations and fishing tournaments, and programs to provide 
reliable reporting of the catch by private anglers; 
"(F) studies of the life history parameters of Atlantic 
bluefin tuna and other highly migratory species; 
"(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 Sec-
retary shall— 
"(A) ensure that personnel and resources of each 
regional research center shall have substantial participa-
tion 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 effort and species composition 
of catch and discards; 
"(C) consult with relevant Federal and State agencies, 
scientific and technical experts, commercial and rec-
reational 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 
"(D) through the Secretary of State, encourage other 
member nations to adopt a similar program.". 
Intergovern-
mental relations. 
Federal Register, 
publication. 
109 STAT. 384 
PUBLIC LAW 104-43—NOV. 3, 1995 
16 u s e 971c, 
971d. 
PubUc 
information. 
Publication. 
Public 
information. 
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 bj the Sec-
retary of State under section 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 appears in the 
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) 
and inserting "exclusive economic zone". 
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 committee 
shall constitute a quorum, but one or more such members des-
ignated 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 committee, 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 serv-
ices as are necessary for the effective functioning of the committee. 
"(B) The Secretary and the Secretary of State shall furnish 
the advisory committee with relevant information concerning fish-
eries and international fishery agreements. 
"(5) The advisory committee shall determine its organization, 
and prescribe its practices and procedures for carrying out its 
functions under this Act, the Magnuson Fishery 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 Advisory Committee Act 
(5 U.S.C. App.).". 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 385 
SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVENTION. 
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 "REGULA-
TIONS" in the section caption; 
(2) by inserting "or fishing mortahty level" after "quota 
of fish" in the last sentence of paragraph (3); and 
(3) by inserting the following after paragraph (5): 
"(6) IDENTIFICATION AND NOTIFICATION.— 
"(A) Not later than July 1, 1996, and annually there-
after, the Secretary, in consultation with the Secretary 
of State, the Commissioners, and the advisory committee, 
shall— 
"(i) identify those nations whose fishing vessels 
are fishing, or have fished during the preceding cal-
endar year, within the convention area in a manner 
or under circumstances that diminish the effectiveness 
of a conservation recommendation; 
"(ii) notify the President and the nation so identi-
fied, including an explanation of the reasons therefor; 
and 
"(iii) publish a list of those Nations identified under Publication, 
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. 
"(7) CONSULTATION.—^Not later than 30 days after a Nation 
is notified under paragraph (6), the President may enter into 
consultations with the Government of that Nation for the pur-
pose 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 
imposition of subsequent-year deductions for quota over-
ages; and 
"(C) result in the establishment, if necessary, by such 
Nation of reporting, monitoring, and enforcement measures 
that are adequate to ensure the effectiveness of conserva-
tion recommendations.". 
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: 
16 USC 97le. 
"(e) The civil penalty and permit sanctions of section 308 of 
the Magnuson Fishery Conservation and Management 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.". 
109 STAT. 386 
PUBLIC LAW 104-43—NOV. 3, 1995 
SEC. 307. AUTHORIZATION OF APPROPRIATIONS, 
Section 10 of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 97 Ih) 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 provided 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 advisory 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 advisory 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 advisory committee and 
such working groups, and $4,240,000 are authorized for such 
rGSG3i*ch sctivitiGS 
"(4) For fiscal year 1998, $5,465,000 of which $75,000 are 
authorized in the aggregate for such advisory committee and 
such working groups, and $4,240,000 are authorized for such 
research activities.". 
SEC. 308. REPORT AND SAVINGS CLAUSE. 
The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 
et seq.) is amended by adding at the end thereof the following: 
16 use 97lj. 
"§ 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 Committee 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 migratory species 
(including tunas, swordfish, marlin and sharks) from Nations 
fishing on Atlantic stocks of such species that are subject to 
management by the Commission; 
"(2) identifies those fishing Nations whose harvests are 
inconsistent with conservation and management recommenda-
tions of the Commission; 
"(3) describes reporting requirements established by the 
Secretary to ensure that imported fish products are in compli-
ance with all international management measures, including 
minimum size requirements, established 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. 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 387 
'*§ 12. Savings clause 
"Nothing in this Act shall have the effect of diminishing 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 enactment 
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 commercial catch of Atlantic 
yellowfin tuna on an annual basis since 1980. The Secretary shall 
publish a preliminary determination in the Federal Register for 
comment for a period not to exceed 60 days. The Secretary shall 
publish a final determination not later than 140 days from the 
date of the enactment of this section. 
(b) Not later than July 1, 1996, the Secretary of Commerce 
shall implement the recommendations of the International Commis-
sion for the Conservation of Atlantic Tunas regarding yellowfin 
tuna made pursuant to Article VIII of the International Convention 
for the Conservation of Atlantic Tunas and acted upon favorably 
by the Secretary of State under section 5(a) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971c(a)). 
SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS. 
Not later than 270 days after the date of enactment of this 
Act, the Secretary of Commerce shall submit to the Committee 
on Commerce, Science and Transportation of the Senate and to 
the Committee on Resources of the House of Representatives a 
report on the historic rationale, effectiveness, and biological and 
economic efficiency of existing bluefin tuna regulations for United 
States Atlantic fisheries. Specifically, the biological rationale for 
each regional and category allocation, including directed and 
incidental categories, should be described in light of the average 
size, age, and maturity of bluefin tuna caught in each fishery 
and the effect of this harvest on stock rebuilding and sustainable 
yield. The report should examine the history and evaluate the 
level of wasteful discarding, and evaluate the effectiveness of non-
quota regulations at constraining harvests within regions. Further, 
comments should be provided on levels of participation in specific 
fisheries in terms of vessels and trips, enforcement implications, 
and the importance of monitoring information provided by these 
allocations on the precision of the stock assessment estimates. 
SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT NEGO-
TIATIONS. 
(a) SHARING OF CONSERVATION BURDEN.—It is the sense of 
the Congress that in future negotiations of the International 
Commission for the Conservation of Atlantic Tunas (hereafter in 
this section referred to as "ICCAT"), the Secretary of Commerce 
shall ensure that the conservation actions recommended by inter-
national commissions and implemented by the Secretary for United 
States commercial and recreational fishermen provide fair and equi-
table sharing of the conservation burden among all contracting 
harvesters in negotiations with those commissions. 
(b) ENFORCEMENT PROVISIONS.—It is further the sense of the 
Congress that, during 1995 ICCAT negotiations on swordfish and 
other Highly Migratory Species managed by ICCAT, the Congress 
16 u s e 971k. 
Publication. 
Federal Register, 
publication. 
16 u s e 971c 
note. 
Reports. 
109 STAT. 388 
PUBLIC LAW 104-43—NOV. 3, 1995 
encourages the United States Commissioners to add enforcement 
provisions similar to those applicable to bluefin tuna. 
(c) ENHANCED MONITORING.—It is further the sense of the 
Congress that the National Oceanic and Atmospheric Administra-
tion and the United States Customs Service should enhance mon-
itoring activities to ascertain what specific stocks are being imported 
into the United States and the country of origin. 
(d) MULTILATERAL ENFORCEMENT PROCESS.—It is further 
the 
sense of the Congress that the United States Commissioners should 
pursue as a priority the establishment and implementation prior 
to December 31, 1996, an effective multilateral process that will 
enable ICCAT nations to enforce the conservation recommendations 
of the Commission. 
TITLE IV—FISHERMEN'S PROTECTIVE ACT 
22 u s e 1980a 
SEC. 401. FINDINGS. 
The Congress finds that— 
(1) customary international law and the United Nations 
Convention on the Law of the Sea guarantee the right of 
passage, including innocent passage, to vessels through the 
waters commonly referred to as the "Inside Passage" off the 
Pacific Coast of Canada; 
(2) in 1994 Canada required all commercial fishing vessels 
of the United States to pay 1,500 Canadian dollars to obtain 
a "license which authorizes transit" through the Inside Passage; 
(3) this action was inconsistent with international law, 
including the United Nations Convention on the Law of the 
Sea, and, in particular. Article 26 of that Convention, which 
specifically prohibits such fees, and threatened the safety of 
United States commercial fishermen who sought to avoid the 
fee by traveling in less protected waters; 
(4) the Fishermen's Protective Act of 1967 provides for 
the reimbursement of vessel owners who are forced to pay 
a license fee to secure the release of a vessel which has been 
seized, but does not permit reimbursement of a fee paid by 
the owner in advance in order to prevent a seizure; 
(5) Canada required that the license fee be paid in person 
in 2 ports on the Pacific Coast of Canada, or in advance by 
mail; 
(6) significant expense and delay was incurred by commer-
cial fishing vessels of the United States that had to travel 
from the point of seizure back to one of those ports in order 
to pay the license fee required by Canada, and the costs of 
that travel and delay cannot be reimbursed under the Fisher-
men's Protective Act; 
(7) the Fishermen's Protective Act of 1967 should be amend-
ed to permit vessel owners to be reimbursed for fees required 
by a foreign government to be paid in advance in order to 
navigate in the waters of that foreign country if the United 
States considers that fee to be inconsistent with international 
law; 
(8) the Secretary of State should seek to recover from 
Canada any amounts paid by the United States to reimburse 
vessel owners who paid the transit license fee; 
(9) the United States should review its current policy with 
respect to anchorage by commercial fishing vessels of Canada 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 389 
in waters of the United States off Alaska, including waters 
in and near the Dixon Entrance, and should accord such vessels 
the same treatment that commercial fishing vessels of the 
United States are accorded for anchorage in the waters of 
Canada off British Columbia; 
(10) the President should ensure that, consistent with inter-
national law, the United States Coast Guard has available 
adequate resources in the Pacific Northwest and Alaska to 
provide for the safety of United States citizens, the enforcement 
of United States law, and to protect the rights of the United 
States and keep the peace among vessels operating in disputed 
waters; 
(11) the President should continue to review all agreements 
between the United States and Canada to identify other actions 
that may be taken to convince Canada that any reinstatement 
of the transit license fee would be against Canada's long-term 
interests, and should immediately implement any actions which 
the President deems appropriate if Canada reinstates the fee; 
(12) the President should continue to convey to Canada 
in the strongest teiTns that the United States will not now, 
nor at any time in the future, tolerate any action by Canada 
which would impede or otherwise restrict the right of passage 
of vessels of the United States in a manner inconsistent with 
international law; and 
(13) the United States should continue its efforts to seek 
expeditious agreement with Canada on appropriate fishery con-
servation and management measures that can be implemented 
through the Pacific Salmon Treaty to address issues of mutual 
concern. 
SEC. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 
1967. 
(a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 
et seq.) is amended by adding at the end the following new section: 
"SEC. 11. (a) In any case on or after June 15, 1994, in which 22 USC 1980a. 
a vessel of the United States exercising its right of passage is 
charged a fee by the government of a foreign country to engage 
in transit passage between points in the United States (including 
a point in the exclusive economic zone or in an area over which 
jurisdiction is in dispute), and such fee is regarded by the United 
States as being inconsistent with international law, the Secretary 
of State shall, subject to the availability of appropriated funds, 
reimburse the vessel owner for the amount of any such fee paid 
under protest. 
"(b) In seeking such reimbursement, the vessel owner shall 
provide, together with such other information as the Secretary 
of State may require— 
"(1) a copy of the receipt for payment; 
"(2) an affidavit attesting that the owner or the owner's 
agent paid the fee under protest; and 
"(3) a copy of the vessel's certificate of documentation. 
"(c) Requests for reimbursement shall be made to the Secretary 
of State within 120 days after the date of payment of the fee, 
or within 90 days after the date of enactment of this section, 
whichever is later. 
"(d) Such funds as may be necessary to meet the requirements 
of this section may be made available from the unobligated balance 
109 STAT. 390 
PUBLIC LAW 104-43—NOV. 3, 1995 
Claims. 
Certification. 
22 u s e 1980b. 
President. 
16 u s e 1383a. 
of previously appropriated funds remaining in the Fishermen's 
Protective Fund established under section 9. To the extent that 
requests for reimbursement under this section exceed such funds, 
there are authorized to be appropriated such sums as may be 
needed for reimbursements authorized under subsection (a), which 
shall be deposited in the Fishermen's Protective Fund established 
under section 9. 
"(e) The Secretary of State shall take such action as the Sec-
retary deems appropriate to make and collect claims against the 
foreign country imposing such fee for any amounts reimbursed 
under this section. 
"(f) For purposes of this section, the term 'owner' includes 
any charterer of a vessel of the United States.". 
(b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 
et seq.) is further amended by adding at the end the following: 
"SEC. 12. (a) If the Secretary of State finds that the government 
of any nation imposes conditions on the operation or transit of 
United States fishing vessels which the United States regards as 
being inconsistent with international law or an international agree-
ment, the Secretary of State shall certify that fact to the President. 
"(b) Upon receipt of a certification under subsection (a), the 
President shall direct the heads of Federal agencies to impose 
similar conditions on the operation or transit of fishing vessels 
registered under the laws of the nation which has imposed condi-
tions on United States fishing vessels. 
"(c) For the purposes of this section, the term 'fishing vessel' 
has the meaning given that term in section 2101(1 la) of title 
46, United States Code. 
"(d) It is the sense of the Congress that any action taken 
by any Federal agency under subsection (b) should be commensurate 
with any conditions certified by the Secretary of State under sub-
section (a).". 
(c) Notwithstanding any other provision of law, the Secretary 
of State shall reimburse the owner of any vessel of the United 
States for costs incurred due to the seizure of such vessel in 1994 
by Canada on the basis of a claim to jurisdiction over sedentary 
species which was not recognized by the United States at the 
time of such seizure. Any such reimbursement shall cover, in addi-
tion to amounts reimbursable under section 3 of the Fishermen's 
Protective Act of 1967 (22 U.S.C. 1973), legal fees and travel costs 
incurred by the owner of any such vessel that were necessary 
to secure the prompt release of the vessel and crew. Total reimburse-
ments under this subsection may not exceed $25,000 and may 
be made available from the unobligated balances of previously 
appropriated funds remaining in the Fishermen's Protective Fund 
established under section 9 of the Fishermen's Protective Act (22 
U.S.C. 1979). 
SEC. 403. REAUTHORIZATION. 
(a) Section 7(c) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(c)) is amended by striking the third sentence. 
(b) Section 7(e) of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1977(e)) is amended by striking "October 1, 1993" and insert-
ing 'October 1, 2000". 
SEC. 404. TECHNICAL CORRECTIONS. 
(a)(1) Section 15(a) of Public Law 103-238 is amended by 
striking "April 1, 1994," and inserting "May 1, 1994.". 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 391 
(2) The amendment made by paragraph (1) shall be effective 
on and after April 30, 1994. 
(b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C. 
5002(13)(C)) is amended to read as follows: 
"(C) any vessel supporting a vessel described in 
subparagraph (A) or (B).". 
TITLE V—FISHERIES ENFORCEMENT IN CENTRAL SEA OF 
OKHOTSK 
SEC. 501. SHORT TITLE. 
This title may be cited as the "Sea of Okhotsk Fisheries Enforce-
ment Act of 1995". 
SEC. 502. FISHING PROHIBITION. 
(a) ADDITION OF CENTRAL SEA OF OKHOTSK.—Section 302 
of 
the Central Bering Sea Fisheries Enforcement Act of 1992 (16 
U.S.C. 1823 note) is amended by inserting "and the Central Sea 
of Okhotsk" after "Central Bering Sea". 
(b) DEFINITION.—Section 306 of such Act is amended— 
(1) by redesignating paragraphs (2), (3), (4), (5), and (6) 
as paragraphs (3), (4), (5), (6), and (7), respectively; and 
(2) by inserting after paragraph (1) the following: 
"(2) CENTRAL SEA OF OKHOTSK.—The term 'Central Sea 
of Okhotsk' means the Central Sea of Okhotsk area which 
is more than two hundred nautical miles seaward of the base-
line from which the breadth of the territorial sea of the Russian 
Federation is measured.". 
Effective date. 
16 u s e 1383a 
note. 
Sea of Okhotsk 
Fisheries 
Enforcement Act 
of 1995. 
16 u s e 1823 
note. 
16 u s e 1823 
note. 
TITLE VI—DRIFTNET MORATORIUM 
SEC. 601. SHORT TITLE. 
This title may be cited as the "High Seas Driftnet Fishing 
Moratorium Protection Act". 
SEC. 602. FINDINGS. 
The Congress finds that— 
(1) Congress has enacted and the President has signed 
into law numerous Acts to control or prohibit large-scale 
driftnet fishing both within the jurisdiction of the United States 
and beyond the exclusive economic zone of any nation, including 
the Driftnet Impact Monitoring, Assessment, and Control Act 
of 1987 (title IV, Public Law 100-220), the Driftnet Act Amend-
ments of 1990 (Public Law 101-627), and the High Seas 
Driftnet Fisheries Enforcement Act (title I, Public Law 102^ 
582); 
(2) the United States is a party to the Convention for 
the Prohibition of Fishing with Long Driftnets in the South 
Pacific, also known as the Wellington Convention; 
(3) the General Assembly of the United Nations has 
adopted three resolutions and three decisions which established 
and reaffirm a global moratorium on large-scale driftnet fishing 
on the high seas, beginning with Resolution 44/225 in 1989 
and most recently in Decision 48/445 in 1993; 
(4) the General ./Assembly of the United Nations adopted 
these resolutions and decisions at the request of the United 
States and other concerned nations; 
High Seas 
Dnilnet Fishing 
Moratorium 
Protection Act. 
16 u s e 1801 
note. 
16 u s e 1826d 
note. 
109 STAT. 392 
PUBLIC LAW 104-43—NOV. 3, 1995 
16 u s e 1826d. 
16 u s e 1826e. 
16 u s e 1826f. 
President. 
16 u s e 1826g. 
Yukon River 
Salmon Act of 
1995. 
International 
agreements. 
Canada. 
16 u s e 5701 
note. 
16 u s e 5701. 
(5) the best scientific information 
demonstrates 
the 
wastefulness and potentially destructive impacts of large-scale 
driftnet fishing on living marine resources and seabirds; and 
(6) Resolution 46/215 of the United Nations General Assem-
bly calls on all nations, both individually and collectively, to 
prevent large-scale driftnet fishing on the high seas. 
SEC. 603. PROHIBITION. 
The United States, or any agency or official acting on behalf 
of the United States, may not enter into any international agree-
ment with respect to the conservation and management of living 
marine resources or the use of the high seas by fishing vessels 
that would prevent full implementation of the global moratorium 
on large-scale driftnet fishing on the high seas, as such moratorium 
is expressed in Resolution 46/215 of the United Nations General 
Assembly. 
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 decisions 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 United States of any 
international agreement with respect to the conservation and 
management of living marine resources 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 Depart-
ment of Defense, the United States Coast Guard, and other Federal 
agencies to detect, monitor, and prevent violations 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. 
TITLE VII—YUKON RIVER SALMON ACT 
SEC. 701. SHORT TITLE. 
This title may be cited as the "Yukon River Salmon Act of 
1995". 
SEC. 702. PURPOSES. 
It is the purpose of this title— 
(1) to implement the interim agreement for the conserva-
tion of salmon stocks originating from the Yukon River in 
Canada agreed to through an exchange of notes between the 
Government of the United States and the Grovernment of Can-
ada on February 3, 1995; 
(2) to provide for representation by the United States on 
the Yukon River Panel established under such agreement; and 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 393 
(3) to authorize to be appropriated sums necessary to carry 
out the responsibiUties of the United States under such agree-
ment. 
SEC. 703. DEFINITIONS. 
16USC5702. 
As used in this title— 
(1) The term "Agreement" means the interim agreement 
for the conservation of salmon stocks originating from the 
Yukon River in Canada agreed to through an exchange of 
notes between the Government of the United States and the 
Government of Canada on February 3, 1995. 
(2) The term "Panel" means the Yukon River Panel estab-
lished by the Agreement. 
(3) The term "Yukon River Joint Technical Committee" 
means the technical committee established by paragraph C.2 
of the Memorandum of Understanding concerning the Pacific 
Salmon Treaty between the CJovernment of the United States 
and the Government of Canada recorded January 28, 1985. 
SEC. 704. PANEL. 
16 USC 5703. 
(a) REPRESENTATION.—^The United States shall be represented 
on the Panel by six individuals, of whom— 
(1) one shall be an official of the United States Government 
with expertise in salmon conservation and management; 
(2) one shall be an official of the State of Alaska with Alaska, 
expertise in salmon conservation and management; and 
(3) four shall be knowledgeable and experienced with 
regard to the salmon fisheries on the Yukon River. 
(b) APPOINTMENTS.—Panel members shall be appointed as fol-
lows: 
(1) The Panel member described in subsection (a)(1) shall 
be appointed by the Secretary of State. 
(2) The Panel member described in subsection (a)(2) shall 
be appointed by the Governor of Alaska. 
(3) The Panel members described in subsection (a)(3) shall 
be appointed by the Secretary of State from a list of at least 
3 individuals nominated for each position by the Governor 
of Alaska. The Governor of Alaska may consider suggestions 
for nominations provided by organizations with expertise in 
Yukon River salmon fisheries. The Governor of Alaska may 
make appropriate nominations to allow for, and the Secretary 
of State shall appoint, at least one member under subsection 
(a)(3) who is qualified to represent the interests of Lower Yukon 
River fishing districts, and at least one member who is qualified 
to represent the interests of Upper Yukon River fishing dis-
tricts. At least one of the Panel members under subsection 
(a)(3) shall be an Alaska Native. 
(c) ALTERNATES.—The Secretary of State may designate an 
alternate Panel member for each Panel member the Secretary 
appoints under subsections (b) (1) and (3), who meets the same 
qualifications, to serve in the absence of the Panel member. The 
Governor of the State of Alaska may designate an alternative Panel 
member for the Panel member appointed under subsection (b)(2), 
who meets the same qualifications, to serve in the absence of 
that Panel member. 
(d) TERM LENGTH.—Panel members and alternate Panel mem-
bers shall serve four-year terms. Any individual appointed to fill 
109 STAT. 394 
PUBLIC LAW 104-43—NOV. 3, 1995 
a vacancy occurring before the expiration of any term shall be 
appointed for the remainder of that term. 
(e) REAPPOINTMENT.—Panel members and alternate Panel 
members shall be eligible for reappointment. 
(f) DECISIONS.—Decisions by the United States section of the 
Panel shall be made by the consensus of the Panel members 
appointed under paragraphs (2) and (3) of subsection (a). 
(g) CONSULTATION.—In carrying out their functions under the 
Agreement, Panel members may consult with such other interested 
parties as they consider appropriate. 
16 use 5704. 
SEC. 705. ADVISORY COMMITTEE. 
(a) APPOINTMENTS.—^The CJovernor of Alaska may appoint an 
Advisory Committee of not less than eight, but not more than 
twelve, individuals who are knowledgeable and experienced with 
Alaska. 
regard to the salmon fisheries on the Yukon River. At least 2 
of the Advisory Committee members shall be Alaska Natives. Mem-
bers of the Advisory Committee may attend all meetings of the 
United States section of the Panel, and shall be given the oppor-
tunity to examine and be heard on any matter under consideration 
by the United States section of the Panel. 
(b) COMPENSATION.—^The members of such Advisory Committee 
shall receive no compensation for their services. 
(c) TERM LENGTH.—^Advisory Committee members shall serve 
two-year terms. Any individual appointed to fill a vacancy occurring 
before the expiration of any term shall be appointed for the remain-
der of that term. 
(d) REAPPOINTMENT.—^Advisory Committee members shall be 
eligible for reappointment. 
16 use 5705. 
SEC. 706. EXEMPTION. 
The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Panel, the Yukon River Joint Technical Committee, 
or the Advisory Committee created under section 705 of this title. 
16 use 5706. 
SEC, 707. AUTHORITY AND RESPONSIBILITY. 
Alaska. 
(a) RESPONSIBLE MANAGEMENT ENTITY.—^The State of Alaska 
Department of Fish and Game shall be the responsible management 
entity for the United States for the purposes of the Agreement. 
(b) EFFECT OF DESIGNATION.—^The designation under subsection 
(a) shall not be considered to expand, diminish, or change the 
management authority of the State of Alaska or the Federal Govern-
ment with respect to fishery resources. 
(c) RECOMMENDATIONS OF PANEL.—In addition to recommenda-
tions made by the Panel to the responsible management entities 
in accordance with the Agreement, the Panel may make rec-
ommendations concerning the conservation and management of 
salmon originating in the Yukon River to the Department of the 
Interior, Department of Commerce, Department of State, North 
Pacific Fishery Management Council, and other Federal or State 
entities as appropriate. Recommendations by the Panel shall be 
advisory in nature. 
16 use 5707. 
SEC. 708. CONTINUATION OF AGREEMENT. 
In the event that the Treaty between Canada and the United 
States of America concerning Pacific Salmon, signed at Ottawa, 
January 28, 1985, terminates prior to the termination of the Agree-
ment, and the functions of the Panel are assumed by the **Yukon 
PUBLIC LAW 104-43—NOV. 3, 1995 
109 STAT. 395 
River Salmon Commission" referenced in the Agreement, the provi-
sions of this title which apply to the Panel shall thereafter apply 
to the Yukon River Salmon Commission, and the other provisions 
of this title shall remain in effect. 
SEC. 709. ADMINISTRATIVE MATTERS. 
16 USC 5708. 
(a) Panel members and alternate Panel members who are not 
State or Federal employees shall receive compensation at the daily 
rate of GS-15 of the General Schedule when engaged in the actual 
performance of duties. 
(b) Travel and other necessary expenses shall be paid for all 
Panel members, alternate Panel members. United States members 
of the Joint Technical Committee, and members of the Advisory 
Committee when engaged in the actual performance of duties. 
(c) Except for officials of the United States Government, individ-
uals described in subsection (b) shall not be considered to be Federal 
employees while engaged in the actual performance of duties, except 
for the purposes of injury compensation or tort claims liability 
as provided in chapter 81 of title 5, United States Code, and 
chapter 71 of title 28, United States Code. 
SEC. 710. AUTHORIZATION OF APPROPRIATIONS. 
16 USC 5709. 
There are authorized to be appropriated $4,000,000 for each 
fiscal year for carrjdng out the purposes and provisions of the 
Agreement and this title including— 
(1) necessary travel expenses of Panel members, alternate 
Panel members. United States members of the Joint Technical 
Committee, and members of the Advisory Committee in accord-
ance with Federal Travel Regulations and sections 5701, 5702, 
5704 through 5708, and 5731 of title 5, United States Code; 
(2) the United States share of the joint expenses of the 
Panel and the Joint Technical Committee: Provided, That Panel 
members and alternate Panel members shall not, with respect 
to commitments concerning the United States share of the 
joint expenses, be subject to section 262(b) of title 22, United 
States Code, insofar as it limits the authority of United States 
representatives to international organizations with respect to 
such commitments; 
(3) not more than $3,000,000 for each fiscal year to the 
Department of the Interior and to the Department of Commerce 
for survey, restoration, and enhancement activities related to 
Yukon River salmon; and 
(4) $400,000 in each of fiscal years 1996, 1997, 1998, and 
1999 to be contributed to the Yukon River Restoration and 
Enhancement Fund and used in accordance with the Agree-
ment. 
TITLE VIII—MISCELLANEOUS 
SEC. 801. SOUTH PACIFIC TUNA AMENDMENT. 
Dolphins. 
Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. JJaX^ls. 
973g) is amended by adding at the end thereof the following: 
"(h) Notwithstanding the requirements of— 
"(1) section 1 of the Act of August 26, 1983 (97 Stat. 
587; 46 U.S.C. 12108); 
"(2) the general permit issued on December 1, 1980, to 
the American Tunaboat Association under section 104(h)(1) of 
the Marine Mammal Protection Act (16 U.S.C. 1374(h)(1)); and 
109 STAT. 396 
PUBLIC LAW 104-43—NOV. 3, 1995 
"(3) sections 104(h)(2) and 306(a) of the Marine Mammal 
Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))— 
any vessel documented under the laws of the United States as 
of the date of enactment of the Fisheries Act of 1995 for which 
a license has been issued under subsection (a) may fish for tuna 
in the Treaty Area, including those waters subject to the jurisdiction 
of the United States in accordance with international law, subject 
to the provisions of the treaty and this Act, provided that no 
such vessel fishing in the Treaty Area intentionally deploys a purse 
seine net to encircle any dolphin or other marine mammal in 
the course of fishing under the provisions of the Treaty or this 
Act.". 
16 use 1821 
SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC 
note. 
MACKEREL. 
Notwithstanding any other provision of law— 
(1) no allocation may be made to any foreign nation or 
vessel under section 201 of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) in any fishery 
for which there is not a fishery management plan implemented 
in accordance with that Act; and 
(2) the Secretary of Commerce may not approve the portion 
of any permit application submitted under section 204(b) of 
the Act which proposes fishing by a foreign vessel for Atlantic 
mackerel or Atlantic herring unless— 
(A) the appropriate regional fishery management coun-
cil recommends under section 204(b)(5) of that Act that 
the Secretary approve such fishing, and 
(B) the Secretary of Commerce includes in the permit 
any conditions or restrictions recommended by the appro-
priate regional fishery management council with respect 
to such fishing. 
Approved November 3, 1995. 
LEGISLATIVE HISTORY—H.R. 716 (S. 267): 
HOUSE REPORTS: No. 104-47 (Comm. on Resources). 
SENATE REPORTS: No. 104-91 accompanying S. 267 (Comm. on Commerce, 
Science, and Transportation). 
CONGRESSIONAL RECORD, Vol. 141 (1995): 
Apr. 3, considered and passed House. 
June 30, considered and passed Senate, amended, in lieu of S. 267. 
Oct. 25, House concurred in Senate amendment. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995): 
Nov. 3, Presidential statement.