[Pages S9552-S9561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

THE FISHERIES ACT OF 1995 HIGH SEAS FISHERIES LICENSING ACT OF 1995

______

STEVENS (AND OTHERS) AMENDMENT NO. 1488

Mr. DOLE (for Mr. Stevens for himself, Mr. Kerry, Ms. Snowe, and Mr.
Breaux) proposed an amendment to the bill (S. 267) to establish a
system of licensing, reporting, and regulation for vessels of the
United States fishing on the high seas, and for other purposes; as
follows:

Strike out all after the enacting clause and insert the
following:

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.

[[Page S9553]]

TITLE I--HIGH SEAS FISHING COMPLIANCE

Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
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 and Atlantic yellowfin tuna.
Sec. 310. Study of bluefin tuna regulations.
Sec. 311. Sense of the Congress with respect to ICCAT negotiations.

TITLE IV--FISHERMAN'S PROTECTIVE ACT

Sec. 401. Findings.
Sec. 402. Amendment to the Fisherman'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

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

SEC. 101. SHORT TITLE.

This title may be cited as the ``High Seas Fishing
Compliance Act of 1995''.

SEC. 102. PURPOSE.

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
regulation for vessels of the United States fishing on the
high seas.

SEC. 103. DEFINITIONS.

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.
(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 operation.
(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 obligations 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
documentation.
(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 organized 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 article 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 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 Maritime Drug Law
Enforcement Act (46 U.S.C. 1903(c)).

SEC. 104. PERMITTING.

(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 international
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,
withdrew such authorization because the vessel undermined the
effectiveness of international conservation and management
measures.
(2) The restriction in paragraph (1) does not apply if
ownership 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 Secretary 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), official
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;
(F) the type of vessel;
(G) the vessel's length; and

[[Page S9554]]

(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 following:
(1) The vessel shall be marked in accordance with the FAO
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
operations and catch statistics. The Secretary shall
promulgate regulations concerning conditions under which
information submitted under this paragraph may be released.
(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 Operations, Research and Facilities
account of the National Oceanic and Atmospheric
Administration. Fees collected under this subsection shall be
available for the necessary expenses of the National Oceanic
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 documentation, such documentation is
revoked or denied, or the vessel is deleted from such
documentation.

SEC. 105. RESPONSIBILITIES 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 FAO.--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 FAO information contained in the
record maintained under subsection (a);
(2) promptly notify FAO of changes in such information;
(3) promptly notify FAO of additions to or deletions from
the record, and the reason for any deletion;
(4) convey to FAO information relating to any permit
granted under section 104(b)(3), including the vessel's
identity, owner or operator, and factors relevant to the
Secretary's determination to issue the permit;
(5) report promptly to FAO all relevant information
regarding 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 sanctions imposed; and
(6) provide the FAO a summary of evidence regarding any
activities of foreign vessels that undermine the
effectiveness 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
appropriate 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 requirements.
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 Management
Measures.--The Secretary, in consultation with the Secretary
of State, shall publish in the Federal Register, from time to
time, a notice listing international conservation and
management measures recognized by the United States.

SEC. 106. UNLAWFUL ACTIVITIES.

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
regulation 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 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 action
prohibited by this section;
(8) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of another person, knowing
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.

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 personnel, services, equipment (including aircraft and
vessels), and facilities 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 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 prohibited 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 proceeding under
subsection (c). If a permit has been issued pursuant to
this title for such vessel,

[[Page S9555]]
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 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.

(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
prohibited 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 violation, 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
imposition or that has been imposed under this section.
(b) Permit Sanctions.--
(1) In any case in which--
(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 considered 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
Secretary 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
culpability, 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 , and Mr. @
time of transfer of ownership. 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 compromise 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
relevant 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 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
Secretary, 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 district 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 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 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
imposing 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.

(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
offense 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.

(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 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
forfeited 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 provisions 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 pursuant
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 impairment of its value, or 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.
(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

[[Page S9556]]
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.

SEC. 111. EFFECTIVE DATE.

This title shall take effect 120 days after the date of
enactment of this Act.

TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL
COOPERATION IN THE NORTHWEST ATLANTIC 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.

(a) Commissioners.--
(1) Appointments, generally.--The Secretary shall appoint
not more than 3 individuals to serve as the representatives
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 representatives 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 Commissioner--
(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 Commissioner.
(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 meeting of
the General Council or the Fisheries Commission for which the
Alternate Commissioner is designated.
(c) Representatives.--
(1) Appointment.--The Secretary shall appoint not more than
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.--
(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
meeting of the Scientific Council for which the Alternate
Representative 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,
Representatives, 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 section
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.

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, respectively--
(1) any request, under Article VII(1) of the Convention,
that the Scientific Council consider and report on a question
pertaining to the scientific basis for the management and
conservation 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
Convention, of the terms of reference for the consideration
of a question referred to the Scientific Council pursuant to
Article VII(1) of the Convention.
SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO
CONVENTION.

The Secretary of State may, on behalf of the Government of
the United States--
(1) receive and transmit reports, requests,
recommendations, 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.

(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 Councils, and private institutions and
organizations.
(b) Other Agencies.--The head of any Federal agency may--
(1) cooperate in the conduct of scientific and other
programs, and furnish facilities and personnel, for the
purposes of assisting the Organization in carrying out its
duties under the Convention; and
(2) accept reimbursement from the Organization for
providing such services, facilities, and personnel.

SEC. 206. RULEMAKING.

The Secretary shall promulgate regulations as may be
necessary to carry out the purposes and objectives of the
Convention and this title. Any such regulation may be made
applicable, as necessary, to all persons and all vessels
subject to the jurisdiction of the United States, wherever
located.

SEC. 207. PROHIBITED ACTS AND PENALTIES.

(a) Prohibition.--It is unlawful for any person or vessel
that is subject to the jurisdiction of the United States--
(1) to violate any regulation issued under this title or
any measure that is legally binding on the United States
under the Convention;
(2) to refuse to permit any authorized enforcement officer
to board a fishing vessel that is subject to the person's
control for purposes of conducting any search or inspection
in connection with the 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;
(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 section.
(b) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) shall be liable to the United
States for a civil penalty, or may be subject to a permit
sanction, under section 308 of the Magnuson Act (16 U.S.C.
1858).
(c) Criminal Penalty.--Any person who commits an act that
is unlawful under paragraph (2), (3), (4), or (6) of
subsection (a) shall be guilty of an offense punishable
under section 309(b) of the Magnuson Act (16 U.S.C.
1859(b)).
(d) Civil Forfeitures.--
(1) In general.--Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the commission of
an act that is unlawful under 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).
(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
prescribed by regulations issued by the Secretary.
(e) Enforcement.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall
enforce the provisions of this title and shall have the
authority specified in sections 311(a), (b)(1), and (c) of
the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and (c)) for
that purpose.

[[Page S9557]]

(f) Jurisdiction of Courts.--The district courts of the
United States shall have exclusive jurisdiction over any case
or controversy arising under this section and may, at any
time--
(1) enter restraining orders or prohibitions;
(2) issue warrants, process in rem, or other process;
(3) prescribe and accept satisfactory bonds or other
security; and
(4) take such other actions as are in the interests of
justice.

SEC. 208. CONSULTATIVE COMMITTEE.

(a) Establishment.--The Secretary of State and the
Secretary, shall jointly establish a consultative committee
to advise the Secretaries on issues related to the
Convention.
(b) Membership.--
(1) The membership of the Committee shall include
representatives from the New England and Mid-Atlantic Fishery
Management Councils, the States represented on those
Councils, the Atlantic States Marine Fisheries Commission,
the fishing industry, the seafood processing industry, and
others knowledgeable and experienced in the conservation and
management of fisheries in the Northwest Atlantic Ocean.
(2) Terms and Reappointment.--Each member of the
consultative committee shall serve for a term of two years
and shall be eligible for reappointment.
(c) Duties of the Committee.--Members of the consultative
committee may attend--
(1) all public meetings of the General Council or the
Fisheries Commission;
(2) any other meetings to which they are invited by the
General Council or the Fisheries Commission; and
(3) all nonexecutive meetings of the United States
Commissioners.
(d) Relationship to Other Law.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
consultative committee established under this section.

SEC. 209. ADMINISTRATIVE MATTERS.

(a) Prohibition on Compensation.--A person shall not
receive any compensation from the Government by reason of any
service of the person as--
(1) a Commissioner, Alternate Commissioner, Representative,
or Alternative Representative;
(2) an expert or adviser authorized under section 202(e);
or
(3) a member of the consultative committee established by
section 208.
(b) Travel and Expenses.--The Secretary of State shall,
subject to the availability of appropriations, pay all
necessary travel and other expenses of persons described in
subsection (a)(1) and of not more than six experts and
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.

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 Fisheries
Organization appointed under section 202(a).
(3) Convention.--The term ``Convention'' means the
Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries, done at Ottawa on October 24,
1978.
(4) Fisheries commission.--The term ``Fisheries
Commission'' means the Fisheries Commission provided for by
Articles II, XI, XII, XIII, and XIV of the Convention.
(5) General council.--The term ``General Council'' means
the General Council provided for by Article II, III, IV, and
V of the Convention.
(6) Magnuson act.--The term ``Magnuson Act'' means the
Magnuson Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(7) Organization.--The term ``Organization'' means the
Northwest Atlantic Fisheries Organization provided for by
Article II of the Convention.
(8) Person.--The term ``person'' means any individual
(whether or not a citizen or national of the United States),
and any corporation, 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
Fisheries 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 Secretary
of Commerce.

SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out this
title, including use for payment as the United States
contribution to the Organization as provided in Article XVI
of the Convention, $500,000 for each of the fiscal years
1995, 1996, 1997, and 1998.

TITLE III--ATLANTIC TUNAS CONVENTION ACT

SEC. 301. SHORT TITLE.

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
Transportation 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 budgetary resources
allocated to such activities; and
(3) explaining how each activity contributes to the
conservation and management of Atlantic bluefin tuna and
other highly migratory species.
(b) Research and Monitoring Program.--Section 3 of the Act
of September 4, 1980 (16 U.S.C. 971i) is amended--
(1) by amending the section heading to read as follows:

``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.--
``(1) Within 6 months after the date of enactment of the
Atlantic Tunas Convention Authorization Act of 1995, the
Secretary of Commerce, in cooperation with the advisory
committee established under section 4 of the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 971b) and in consultation
with the United States Commissioners on the International
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 management of Atlantic bluefin tuna and
other highly migratory species that shall--
``(A) identify and define the range of stocks of highly
migratory species in the Atlantic Ocean, including Atlantic
bluefin tuna; and
``(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 commercial
and recreational catches and landings through the use of
permits, logbooks, landing reports for charter operations 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
Secretary shall--
``(A) ensure that personnel and resources of each regional
research center shall have substantial participation in the
stock assessments and monitoring of highly migratory species
that occur in the region;
``(B) provide for comparable monitoring of all United
States fishermen to which the Atlantic Tunas Convention Act
applies with respect to effort and species composition of
catch and discards;
``(C) consult with relevant Federal and State agencies,
scientific and technical experts, commercial and recreational
fishermen, and other interested persons, public and private,
and shall publish a proposed plan in the Federal Register for
the purpose of receiving public comment on the plan; and
``(D) through the Secretary of State, encourage other
member nations to adopt a similar program.''.

SEC. 303. DEFINITIONS.

Section 2 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971) is amended--
(1) by designating paragraphs (3) through (10) as (4)
through (110, respectively, and inserting after paragraph (2)
the following;
``(3) The term `conservation recommendation' means any
recommendation of the Commission made pursuant to article
VIII of the Convention and acted upon favorably by the
Secretary of State under 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

[[Page S9558]]

(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 designated by the advisory committee may hold
meetings to provide for public participation and to discuss
measures relating to the United States implementation of
Commission recommendations.
``(2) The advisory committee shall elect a Chairman for a
2-year term from among its members.
``(3) The advisory committee shall meet at appropriate
times and places at least twice a year, at the call of the
Chairman or upon the request of the majority of its voting
members, the United States Commissioners, the Secretary, or
the Secretary of State. Meetings of the advisory 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 services 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 fisheries 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.).''.

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
``regulations'' in the section caption;
(2) by inserting ``or fishing mortality 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 thereafter,
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 calendar 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 identified,
including an explanation of the reasons therefor; and
``(iii) publish a list of those Nations identified under
subparagraph (A).

In identifying those Nations, the Secretary shall consider,
based on the best available information, whether those
Nations have measures in place for reporting, monitoring, and
enforcement, and whether those measures diminish the
effectiveness of any conservation recommendation.
``(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
purpose of obtaining an agreement that will--
``(A) effect the immediate termination and prevent the
resumption of any fishing operation by vessels of that Nation
within the Convention area which is conducted in a manner or
under circumstances that diminish the effectiveness of the
conservation recommendation;
``(B) when practicable, require actions by that Nation, or
vessels of that Nation, to mitigate the negative impacts of
fishing operations on the effectiveness of the conservation
recommendation involved, including but not limited to, the
imposition of subsequent-year deductions for quota overages;
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 conservation
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:
``(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.''.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

Section 10 of the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971h) is amended to read as follows:

``AUTHORIZATION OF APPROPRIATIONS

``Sec. 10. There are authorized to be appropriated to carry
out this Act, including use for payment of the United States
share of the joint expenses of the Commission as 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
research activities.''.
``(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 Tuna Convention Act of 1975 (16 U.S.C. 971 et
seq.) is amended by adding at the end thereof the following:

``Sec. 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 recommendations
of the Commission;
``(3) describes reporting requirements established by the
Secretary to ensure that imported fish products are in
compliance with all international management measures,
including minimum size requirements, 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.

``Sec. 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 commer
cial 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 International
Commission 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
NEGOTIATIONS.

(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 ``ICATT''), the Secretary of
Commerce shall

[[Page S9559]]
ensure that the conservation actions recommended by international
commissions and implemented by the Secretary for United
States commercial and recreational fishermen provide fair and
equitable 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 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
Administration and the United States Customs Service should
enhance monitoring 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

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
commercial 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
Fishermen's Protective Act;
(7) the Fishermen's Protective Act of 1967 should be
amended 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
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
international 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 terms 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
conservation 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 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 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 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
Secretary 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 agreement, 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 conditions 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(11a)
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 subsection (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
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 reimbursements 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 inserting ``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.''.
(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
Enforcement 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''.

[[Page S9560]]

(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 baseline from
which the breadth of the territorial sea of the Russian
Federation is measured.''.

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 exclusion economic zone of any nation, including
the Driftnet Impacting Monitoring, Assessment, and Control
Act of 1987 (Title IV, P.L. 100-220), the Driftnet Act
Amendments of 1990 (P.L. 101-627), and the High Seas Driftnet
Fisheries Enforcement Act (Title I, P.L. 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;
(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
Assembly 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 agreement 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
Department 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 conservation
of salmon stocks originating from the Yukon River in Canada
agreed to through an exchange of notes between the Government
of United States and the Government of Canada on February 3,
1995:
(2) to provide for representation by the United States on
the Yukon River Panel established under such agreement; and
(3) to authorize to be appropriated sums necessary to carry
out the responsibilities of the United States under such
agreement.

SEC. 703. DEFINITIONS.

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
established 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 Government of the United States and the
Government of Canada recorded January 28, 1985.

SEC. 704. PANEL.

(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
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
follows:
(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 use
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 district. 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 members
shall serve four-year terms. Any individual appointed to fill
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.

SEC. 705. ADVISORY COMMITTEE.

(a) Appointments.--The Governor of Alaska may appoint an
Advisory Committee of not less than eight, but not more than
twelve, individuals who are knowledgeable and experienced
with regard to the salmon fisheries on the Yukon River. At
least 2 of the Advisory Committee members shall be Alaska
Natives. Members of the Advisory Committee may attend all
meetings of the United States
section of the Panel, and shall be given the opportunity 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 remainder of that term.
(d) Reappointment.--Advisory Committee members shall be
eligible for reappointment.

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.

SEC. 707. AUTHORITY AND RESPONSIBILITY.

(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 government with respect to fishery resources.
(c) Recommendations of Panel.--In addition to
recommendations made by the Panel to the responsible
management entities in accordance with the Agreement, the
Panel may make recommendations concerning the conservation
and management of salmon originating in the Yukon River to
the Department of 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.

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,

[[Page S9561]]
January 28, 1985, terminates prior to the termination of the Agreement,
and the functions of the Panel are assumed by the ``Yukon
River Salmon Commission'' referenced in the Agreement, the
provisions 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.

(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,
individuals 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.

There are authorized to be appropriated $4,000,000 for each
fiscal year for carrying 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
accordance 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 Agreement.

TITLE VIII--MISCELLANEOUS

SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C.
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
``(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.''.

SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC
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 council
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 appropriate
regional fishery management council with respect to such
fishing.

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