[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 622 Referred in Senate (RFS)]







104th CONGRESS
  1st Session
                                H. R. 622


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

               March 29 (legislative day, March 27), 1995

Received; read twice and referred to the Committee on Commerce, Science 
                           and Transportation

_______________________________________________________________________

                                 AN ACT


 
 To implement the Convention on Future Multilateral Cooperation in the 
                     Northwest Atlantic Fisheries.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Northwest Atlantic Fisheries 
Convention Act of 1995''.

SEC. 2. 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 8 of this Act.
            (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. 3. 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. 4. 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. 5. INTERAGENCY COOPERATION.

    (a) Authorities of Secretary.--In carrying out the provisions of 
the Convention and this Act, 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. 6. RULEMAKING.

    The Secretary shall promulgate regulations as may be necessary to 
carry out the purposes and objectives of the Convention and this Act. 
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. 7. 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 Act 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 Act, any regulation 
        issued under this Act, 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 Forfeiture.--
            (1) In general.--Any vessel (including its gear, furniture, 
        appurtenances, stores, and cargo) used in the commission of an 
        act that is unlawful under subsection (a), and any fish (or the 
        fair 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 Act 
        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 Act and shall have the authority specified in sections 311 (a), 
(b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and 
(c)) for that purpose.
    (f) Jurisdiction of Courts.--The district courts of the United 
States shall have exclusive jurisdiction over any case or controversy 
arising under this section and may, at any time--
            (1) enter restraining orders or prohibitions;
            (2) issue warrants, process in rem, or other process;
            (3) prescribe and accept satisfactory bonds or other 
        security; and
            (4) take such other actions as are in the interests of 
        justice.

SEC. 8. 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. 9. 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 8.
    (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 2(e) with respect to 
their actual performance of their official duties pursuant to this Act, 
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. 10. DEFINITIONS.

    In this Act the following definitions apply:
            (1) Authorized enforcement officer.--The term ``authorized 
        enforcement officer'' means a person authorized to enforce this 
        Act, any regulation issued under this Act, 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 2(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 2(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. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this Act, 
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.

            Passed the House of Representatives March 28, 1995.

            Attest:

                                                ROBIN H. CARLE,

                                                                 Clerk.