A bill to amend the North Pacific Fisheries Act of 1954.
PL 95-326 (H.R.12637), enacted 07/28/1978

PUBLIC LAW 95-326—JULY 28, 1978 
92 STAT. 399 
Public Law 95-326 
95th Congress 
An Act 
To amend the North Pacific Fisheries Act of 1954. 
Be it enacted l)y the Senate and House of Representatives of the 
United States of America in Congress assembled, That the North 
Pacific Fisheries Act of 1954 (16 U.S.C. 1021 et seq.) is amended as 
follows: 
(1) Section 2 is amended— 
(A) by amending subsection (a) to read as follows: 
" (a) 'Convention' means the International Convention for the High 
Seas Fisheries of the North Pacific Ocean with a protocol and annex 
relating thereto signed at Tokyo, May 9, 1952, as amended by the 
Protocol Amending the International Convention for the High Seas 
Fisheries of the North Pacific Ocean, signed at Tokyo, April 25, 
1978."; and 
(B) by striking out subsection (e) and inserting in lieu 
thereof the following: 
"(e) 'Fishery conservation zone' means the fishery conservation 
zone of the United States established by section 101 of the Fishery 
Conservation and Management Act of 1976 (16 U.S.C. 1801 et seq.). 
"(f) 'Fishing vessel' means— 
"(1) any vessel engaged in catching fish within the Conven-
tion area or in processing or transporting fish loaded in the Con-
vention area; 
"(2) any vessel outfitted to engage in any activity described 
in paragraph (1) ; or 
"(3) any vessel in normal support of any vessel described in 
paragraph (1) or (2). 
"(g) 'Permit' means a permit issued by the Secretary of State in 
cooperation with the Secretary under section 13 of this Act. 
"(h) 'Secretary' means the Secretary of Commerce.". 
(2) (A) Section 3(a) is amended to read as follows: 
"SEC. 3. (a) The United States shall be represented on the Commis-
sion by not more than four United States Commissioners to be 
appointed by the President and serve at his pleasure. Each United 
States Commissioner shall be appointed for a term of office of not to 
exceed four years, but is eligible for reappointment. Any United States 
Commissioner may be appointed for a term of less than four years if 
such appointment is necessary to insure that the terms of office of not 
more than one Commissioner will expire in any one year. Of the Com-
missioners, who shall receive no compensation for their services as 
Commissioners— 
"' (1) one shall be an official of the United States Government; 
" (2) two shall be residents of the State of Alaska; and 
" (3) one shall be a resident of the State of Washington. 
An individual is not eligible for appointment under paragraph (2) or 
(3) as a Commissioner unless the individual is knowledgeable or 
experienced concerning the fisheries covered by the Convention.". 
(B) The amendment made by paragraph (A) shall take effect 
on the sixtieth day after the date of the enactment of this Act. 
July 28, 1978 
[H.R. 12637] 
North Pacific 
Fisheries Act 
of 1954, 
amendment. 
Definitions. 
16 u s e 1021. 
Post, p. 404. 
16 u s e 1022. 
Effective date. 
16 u s e 1022 
note. 
92 STAT. 400 
PUBLIC LAW 95-326—JULY 28, 1978 
16 
use 
1023. 
16 
use 
1025. 
16 
use 
1025a. 
Regulations. 
Enforcement. 
16 use 1027. 
(3) Section 4 is amended— 
(A) by amending subsection (a) to read as follows: 
"SEC. 4. (a) The United States Section shall appoint an advisory 
committee of not less than six and not more than twenty-one members 
and shall fix the terms of office thereof. The members shall be appointed 
from among— 
"(1) individuals who are knowledgeable or experienced with 
respect to the fisheries covered by the Convention; and 
"(2) officers and employees of the fishery agencies of States 
the residents of which maintain a substantial fishery in the 
Convention area; 
except that two-thirds of the membership of the committee shall con-
sist of individuals, appointed under paragraphs (1) and (2), who 
are residents of Alaska."; and 
(B) by amending the second sentence of subsection (d) to 
read as follows: 
"On approval by the United States Section, not more than five mem-
bers of the committee, designated by the committee, shall be paid for 
transportation expenses and per diem incident to attendance at 
meetings of the Commission or the United States Section; except that 
in the case in which— 
"(1) one member is so designated, such member shall be from 
among the members representing Alaska; 
"(2) two or three members are so designated, two members 
shall be from among those representing Alaska; and 
"(3) four or five members are so designated, three members 
shall be from among those representing Alaska.". 
(4) Section 6 is amended to read as follows: 
"SEC. 6. The Secretary of State, with the concurrence of the Secre-
tary, may accept or reject, on behalf of the United States, recommen-
dations made by the Commission in accordance with article III, 
section 1 of the Convention.". 
(5) Section 7 is amended to read as follows: 
"SEC. 7. (a) The Secretary shall administer and, except to the extent 
otherwise provided for in this Act, enforce the provisions of the Con-
vention, this Act, and regulations issued under this Act. 
"(b) In carrying out such functions, the Secretary— 
"(1) shall, m consultation with the Secretary of the depart-
ment in which the Coast Guard is operating and the United States 
Section, adopt such regulations as may be necessary to carry out 
the purposes and objectives of the Convention and this Act; and 
"(2) may, with the concurrence of the Secretary of State, 
cooperate with the duly authorized officials of the government of 
any party to the Convention. 
"(c) The Secretary may adopt regulations which apply only to 
stocks of fish in the Convention area north of the parallel of north 
latitude of 48 degrees and 30 minutes, but such regulations shall not 
apply in the Convention area south of the 49th parallel of north 
latitude with respect to sockeye salmon (Oncorhynchus nerka) or pink 
salmon (Oncorhynchus gorbuscha).". 
(6) Section 9 is amended to read as follows: 
"SEC. 9. (a) This Act shall be enforced by the Secretary 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 personnel, services, equipment (including aircraft and 
vessels), and facilities of any other Federal agency, including all 
PUBLIC LAW 95-326—JULY 28, 1978 
92 STAT. 401 
elements of the Department of Defense, and of any State agency, in 
the performance of such duties. Such Secretaries shall, and the head 
of any Federal or State agency which has entered into an agreement 
with either such Secretary under the preceding sentence may (if the 
agreement so provides), authorize officers (hereinafter in this Act 
referred to as 'enforcement officers') to enforce the provisions of the 
Convention, this Act, and regulations adopted and permits issued 
under this Act: Provided^ That any such agreement or contract entered 
into pursuant to this section shall be effective only to such extent or 
in such amounts as are provided in advance in appropriation Acts. 
"(b) Enforcement officers may, within the fishery conservation 
zone— 
"(1) with or without a warrant or other process— 
"(A) arrest any person, if he has reasonable cause to 
believe that such person has committed an act prohibited by 
section 10; 
Post, p. 402. 
"(B) board, and search or inspect, any fishing vessel which 
is subject to the provisions of the Convention and this Act; 
"(C) seize any 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 or employed in, the violation of 
any provision of the Convention, this Act, or any regulation 
adopted or permit issued under this Act; 
"(D) seize any fish (wherever found) taken or retained 
in violation of any provision referred to in subpai'agraph 
(C);and 
"(E) seize any other evidence related to any violation of 
any provision referred to in subparagraph (C); 
"(2) execute any warrant or other process issued by any court 
of competent jurisdiction; and 
"(3) exercise any other lawful authority. 
"(c) The district courts of the United States shall have exclusive Jurisdiction, 
jurisdiction over any case or controversy arising under the provisions 
this Act. 
"(d) (1) Enforcement officers may in the Convention area outside 
the fishery conservation zone and similar zones of Canada and Japan— 
"(A) board any fishing vessel of Canada or Japan fishing for 
or processing*anadramous species and, without warrant or process, 
inspect equipment, logs, documents, catch, and other articles, and 
question persons, on board the vessel for the purpose of carrying 
out the provisions of the Convention, this Act, or any regulation 
adopted or permit issued under this Act; and 
"(B) if any such vessel or person on board is actually engaged 
in operations in violation of any such provision, or there is rea-
sonable ground to believe any person or vessel was obviously so 
engaged before the boarding of such vessel by the enforcement 
officer, detain such vessel or person and further investigate the 
circumstances if necessary. 
If an enforcement officer, after boarding and investigation, has rea-
sonable cause to believe that any such fishing vessel or person engaged 
in operations in violation of any provision referred to in subparagraph 
(A), the officer shall further detain the vessel or person and deliver the 
vessel or person as promptly as practicable to the authorized officials 
of the appropriate nation. 
92 STAT. 402 
PUBLIC LAW 95-326—JULY 28, 1978 
Unlawful 
activities. 
16 use 1029. 
Penalties. 
16 u s e 1030. 
Notice. 
Hearing. 
Supra. 
"(2) When requested by the appropriate authorities of Canada or 
Japan, as the case may be, an enforcement officer may be directed to 
attend as a witness, and to produce such available records and files 
or duly certified copies thereof as may be necessary, for the prosecu-
tion in Canada or Japan of any violation of the provisions of the Con-
vention or any Canadian or Japanese law relating to the enforcement 
thereof, 
(7) Section 10 is amended to read as follows: 
"SEC. 10. It is unlawful for any person subject to the jurisdiction 
of the United States— 
"(1) to violate any provision of the Convention, this Act, or 
any regulation adopted or permit issued under this Act; 
"(2) to refuse to permit any enforcement officer to board a 
fishing vessel subject to such person's control for purposes of 
conducting any search or inspection in connection with the 
enforcement of the Convention, this Act, or any regulation or 
permit referred to in paragraph (1); 
"(3) to forcibly assault, resist, oppose, impede, intimidate, or 
interfere with any enforcement officer in the conduct of any 
search or inspection described in paragraph (2); 
" (4) to resist a lawful arrest or detention for any act prohibited 
by this section; 
"(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 the Convention or this Act or any 
regulation adopted or permit issued under this Act; 
"(6) to interfere with, delay, or prevent, by any means, the 
apprehension, arrest, or detention of another person, knowing 
that such person has committed any act prohibited by this 
section.". 
(8) Section 11 is amended to read as follows: 
"SEC. 11. (a) (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 prohibited 
by section 10 shall be liable to the United States for a civil penalty. 
The amount of the civil penalty shall not exceed $25,000 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 Sec-
retary, or his designee, by written notice. In determining the amount 
of such penalty, the Secretary shall take into account the nature, cir-
cumstances, extent, and gravity of the prohibited acts committed and, 
with respect to the violation, the degree of culpability, any history 
of prior offenses, ability to pay, and such other matters as justice may 
require. 
"(2) Any person against whom a civil penalty is assessed under 
paragraph (1) may obtain review thereof in the appropriate court of 
the United States by filing a notice of appeal in such court within 
thirty days from the date of such order and by simultaneously send-
ing a copy of such notice by certified mail to the Secretary. The Sec-
retary shall promptly file in such court a certified copy of the record 
upon which such violation was found or such penalty imposed, as 
provided 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 sec-
tion 706(2) of title 5, United States Code. 
PUBLIC LAW 95-326—JULY 28, 1978 
92 STAT. 403 
"(3) If any person fails to pay an assessment of a civil penalty 
after it has become a final and unappealable order, or after the appro-
priate court has entered final judgment in favor of the Secretary, the 
Secretary shall refer the matter to the Attorney General of the United 
States, 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 imposing the civil penalty shall not 
be subject to review. 
"(4) The Secretary may compromise, modify, or remit, with or 
without conditions, any civil penalty which is subject to imposition 
or which has been imposed under this section. 
"(b)(1) A person is guilty of an offense if he commits any act 
prohibited by section 10 (1), (3), (4), or (5). 
' 
Ante, p. 4>02. 
"(2) Any offense described in subsection paragraph (1) is punish- Penalty, 
able by a fine of not more than $50,000, or imprisonment for not more 
than six months, or both; except that if in the commission of any 
offense the person uses a dangerous weapon, engages in conduct that 
causes bodily injury to any officer authorized to enforce the provisions 
of this Act, or places any such officer in fear of imminent bodily injury, 
the offense is punishable by a fine of not more than $100,000, or 
imprisonment for not more than ten years, or both. 
"(c) (1) Any fishing vessel (including its fishing gear,- furniture, 
appurtenances, stores, and cargo) used, and any fish taken or retained, 
in any manner, in connection with or as a result of the commission 
of anv act prohibited by section 10 shall be subject to forfeiture to 
the United States. All or part of such vessel may, and all such fish 
shall, be forfeited to the United States pursuant to a civil proceeding 
under this section. 
" (2) Any district court of the United States shall have jurisdiction. Jurisdiction, 
upon application by the Attorney General on behalf of the United 
States, to order any forfeiture authorized under paragraph (1) and 
any action provided for under paragraph (4). 
"(3) If a judgment is entered for the United States in a civil for-
feiture 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 Act or for which 
security has not previously been obtained under subsection (d). The 
provisions of the customs laws relating to— 
" (A) the disposition of 'forfeited property; 
"(B) the proceeds from the sale of forfeited property; 
"(C) the remission or mitigation of forfeitures; and 
" (D) the compromise of claims; 
shall apply to any forfeiture ordered, and to any case in which for-
feiture is alleged to be authorized, under this section, unless such pro-
visions are inconsistent with the purposes, policy, and provisions of 
this Act. The duties and powers imposed upon the Commissioner of 
Customs or other persons under such provisions shall, with repect to 
this Act, be performed by officers or other persons designated for such 
purpose by the Secretary of Commerce. 
"(4) (A) Any officer authorized to serve any process in rem which 
is issued by a court having jurisdiction under section 9(c) shall— 
Ante, p. 400. 
" (i) stay the execution of such process; or 
"(ii) discharge any fish seized pursuant to such process; 
upon the receipt of a satisfactory bond or other security from any per-
son claiming such property. Such bond or other security shall be 
conditioned upon such person (I) delivering such property to the 
92 STAT. 404 
PUBLIC LAW 95-326—JULY 28, 1978 
Ante, p. 402. 
Repeal. 
16 use 1031. 
16 use 1032. 
Funds, 
availability. 
Appropriation 
authorization. 
Infra. 
Appropriation 
authorization. 
16 use 1021 
note. 
16 use 1033. 
Registration 
permit. 
Post, p. 405. 
Fees. 
appropriate court upon order thereof, without any impairment of its 
value, or (II) paying the monetary value of such property pursuant 
to an order of such court. Judgment shall be recoverable 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. 
"(B) Any fish seized pursuant to this Act may be sold, subject to 
the approval and direction 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. 
"(5) For purposes of this section, it shall be a rebuttable presump-
tion that all fish found on board a fishing vessel and which is seized 
in connection with an act prohibited by section 10 were taken or 
retained in violation of the Convention and this Act.". 
(9) Section 12 is repealed and section 13 is redesignated as 
section 12. 
(10) Section 12 (as redesignated by paragraph (7)) is amended 
by striking out subsection (b) and inserting in lieu thereof the 
following: 
"(b) Such funds as shall be made available to the Secretary for 
research and related activities shall be expended to carry out the pro-
gram of the Commission in accordance with the recommendations of 
the United States Section and to carry out other research and observer 
programs established pursuant to the Convention. 
"(c) There are authorized to be appropriated to the Secretary, for 
purposes of carrying out the provisions of section 14, such sums not 
to exceed $1,000,000 for fiscal year 1979 and for each of the next two 
fiscal years. 
"(d) There are authorized to be appropriated to the Secretary, for 
purposes of carrying out a sonar censusing project in the Arctic-
Yukon-Kuskokwim region of Alaska, not to exceed $500,000 during 
the period beginning October 1,1978, and ending September 30,1981.". 
(11) Section 14 is redesignated as section 16. 
(12) The following new sections are inserted immediately after 
section 12 (as redesignated in paragraph (7)) : 
"SEC. 13. (a) Each Canadian or Japanese fishing vessel which is 
authorized to fish in the fishery conservation zone pursuant to the 
Convention shall have on board a registration permit issued under 
subsection (b). 
"(b) The Secretary of State, in cooperation with the Secretary, 
shall issue annually a registration permit for each Canadian or 
Japanese fishing vessel which is authorized to fish within the fishery 
conservation zone pursuant to the Convention. Each such permit shall 
set forth the terms and conditions contained in the Convention that 
apply with respect to such operations, and shall include the additional 
requirement that the owner or operator of the fishing vessel for which 
the permit is issued shall comply with any regulations adopted under 
section 14(a) of this Act and shall prominently display such permit 
in the wheelhouse of such vessel and show it, upon request, to any 
enforcement officer. The Secretary of State, after consultation with 
the Secretary and the Secretary of the department in which the Coast 
Guard is operating, shall prescribe the form and manner in which 
applications for registration permits may be made, and the forms of 
such permits. The Secretary of State may establish, require the pay-
PUBLIC LAW 95-326—JULY 28, 1978 
92 STAT. 405 
ment of, and collect fees for registration permits; except that the 
level of such fees shall not exceed the administrative costs incurred 
by him in issuing such permits. 
"(c) Notwithstanding any other provision of law, Canadian and 
Japanese fishing vessels authorized to fish for anadromous species 
outside the fishery conservation zone pursuant to the Convention shall 
not be required to obtain any permit relating to such species. 
"SEC. 14. (a) The Secretary shall take such actions as are necessary 16 USC 1034. 
and appropriate to assure the full implementation of the provisions 
of the Convention under which the United States and the Govern-
ment of Japan have agreed— 
"(1) to carry out a marine mammal research program; 
"(2) to determine the effect of the salmon fishery on marine 
mammal populations; and 
"(3) to work to reduce or eliminate the taking of marine mam-
mals incidental to fishing operations, 
during the research period ending on June 9, 1981. Such actions shall Regulations, 
include, but not be limited to, (A) the placement of observers aboard 
Japanese fishing vessels for purposes of making scientific observations 
and studies with respect to the incidental taking of marine mammals, 
and (B) the adoption of regulations, which conform to the provisions 
of the convention, governing the incidental taking of marine mammals 
by Japanese fishing vessels within the fishery conservation zone, 
including, but not limited to, regulations which require the collection 
of biological material and data on all marine mammals incidentally 
taken within such zone and the use of such gear and fishing techniques 
as are determined to be feasible to reduce or eliminate such incidental 
taking. 
"(b) During the research period ending on June 9,1981, the taking 
of marine mammals incidental to fishing operations by Japanese ves-
sels within the fishery conservation zone shall be regulated in accord-
ance with paragraph 1(c) of the annex to the Convention; except 
that if the Secretary finds— 
"(1) on the basis of the marine mammal research program 
referred to in subsection (a)(1), that the population of Dall 
porpoise or of any other marine mammal affected by such inciden-
tal taking is below optimum sustainable population and is not 
trending upw^ard toward such level or is in danger of deple-
tion ; or 
"(2) that the contemplated research efforts cannot be success-
fully implemented or that necessary and desirable potential reduc-
tions or elimination of incidental taking of marine mammals, 
although feasible, are not being realized, 
the Secretary, acting through the Secretary of State, shall immedi-
ately initiate negotiations with the Government of Japan to modify 
the Convention or recommend such other action as is necessary to limit 
or eliminate the incidental taking of marine mammals to the extent 
feasible and, in any event, to the extent required to assure that such 
populations attain and remain at their optimum sustainable popula-
tion levels. 
"(c) After June 9, 1981, the taking of marine mammals incidental Regulations, 
to fishing operations by Japanese vessels within the fishing conserva-
tion zone shall be regulated pursuant to the Marine Mammal Protec-
tion Act of 1972 (16 U.S.C. 1361 et seq.). 
92 STAT. 406 
PUBLIC LAW 95-326—JULY 28, 1978 
Report to 
Congress. 
16 use 1035. 
Effective dates. 
16 u s e 1021 
note. 
"(d) The Secretary shall submit to Congress a report, prepared in 
consultation with the Secretary of State, on May 1 of 1979, 1980, and 
1981 which shall set forth the activities undertaken by the United 
States and Japan to implement the objectives referred to in subsection 
(a) (1), (2), and (3) and the results of such activities. The report 
shall detail the steps taken by both nations to implement the Conven-
tion, the results of all research and statistical reporting and analysis 
carried out pursuant to the Convention and a description of all 
enforcement activities and their disposition. The report shall include 
an analysis of salmon harvesting and research, estimates of the mag-
nitude of incidental taking of Dall porpoises (Phocoenoides dalli) by 
Japanese fishing vessels, estimates, as possible, of the abundance, dis-
tributicm, recruitment rates, status, trends, and impacts of incidental 
taking upon the optimum sustainable populations of Dall porpoises, 
and any proposals for adoption of fishing gear or techniques designed 
to reduce or eliminate such incidental taking. If available information 
is inadequate to provide the basis for such estimates or proposals, 
the report shall include an indication of what research efforts are 
needed to provide the requisite information. 
"SEC. 15. The Secretary, the Secretary of State, and the Secretary 
of the department in which the Coast Guard is operating may admin-
ister this Act consistent with the terms of the Convention on a provi-
sional basis pending the exchange by all the contracting parties of 
instruments of ratification or approval of the Protocol Amending the 
International Convention for the High Seas Fisheries of the North 
Pacific Ocean, signed at Tokyo on April 25, 1978, in accordance with 
article II thereof.". 
SEC. 2. This Act, including the amendments made by this Act, shall 
take effect on the date of enactment of this Act, except the amend-
ments made by paragraph (10) of the first section of this Act shall take 
effect on October 1,1978. 
Approved July 28, 1978. 
LEGISLATIVE HISTORY: 
HOUSE REPORT No. 95-1194 (eomm. on Merchant Marine and Fisheries). 
SENATE REPORT No. 95-924 accompanying S. 3082 (eomm. on Commerce, Science 
and Transportation). 
CONGRESSIONAL RECORD, Vol. 124 (1978): 
June 6, considered and passed House. 
June 14, considered and passed Senate, amended. 
June 28, House concurred in certain Senate amendments; in others with 
amendments. 
July 13, Senate concurred in House amendments.