[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 716 Engrossed Amendment Senate (EAS)]
In the Senate of the United States,
June 30 (legislative day, June 19), 1995.
Resolved, That the bill from the House of Representatives (H.R.
716) entitled ``An Act to amend the Fishermen's Protective Act'', do
pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Fisheries Act of 1995''.
SEC. 2. TABLE OF CONTENTS.
The Table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--HIGH SEAS FISHING COMPLIANCE
Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. 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--FISHERMEN'S PROTECTIVE ACT
Sec. 401. Findings.
Sec. 402. Amendment to the Fishermen's Protective Act of 1967.
Sec. 403. Reauthorization.
Sec. 404. Technical corrections.
TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK
Sec. 501. Short title.
Sec. 502. Fishing prohibition.
TITLE VI--DRIFTNET MORATORIUM
Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Prohibition.
Sec. 604. Negotiations.
Sec. 605. Certification.
Sec. 606. Enforcement.
TITLE VII--YUKON RIVER SALMON ACT
Sec. 701. Short title.
Sec. 702. Purposes.
Sec. 703. Definitions.
Sec. 704. Panel.
Sec. 705. Advisory committee.
Sec. 706. Exemption.
Sec. 707. Authority and responsibility.
Sec. 708. Continuation of agreement.
Sec. 709. Administrative matters.
Sec. 710. Authorization of appropriations.
TITLE VIII--MISCELLANEOUS
Sec. 801. South Pacific tuna amendment.
Sec. 802. Foreign fishing for Atlantic herring and Atlantic mackerel.
TITLE I--HIGH SEAS FISHING COMPLIANCE
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 the 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
(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 act
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, 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 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 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.
(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 (11), respectively, and inserting after paragraph (2)
the following;
``(3) The term `conservation recommendation' means any
recommendation of the Commission made pursuant to article VIII
of the Convention and acted upon favorably 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
(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 commercial catch of Atlantic yellowfin tuna on an
annual basis since 1980. The Secretary shall publish a preliminary
determination in the Federal Register for comment for a period not to
exceed 60 days. The Secretary shall publish a final determination not
later than 140 days from the date of the enactment of this section.
(b) Not later than July 1, 1996, the Secretary of Commerce shall
implement the recommendations of 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 ``ICCAT''), the Secretary of Commerce shall 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 of 1967 (22 U.S.C. 1971 et seq.)
is amended by adding at the end the following new section:
``Sec. 11. (a) In any case on or after June 15, 1994, in which 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 reimbursement shall cover, in addition to amounts reimbursable
under section 3 of the Fishermen's Protective Act of 1967 (22 U.S.C.
1973), legal fees and travel costs incurred by the owner of any such
vessel that were necessary to secure the prompt release of the vessel
and crew. Total 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''.
(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 exclusive economic zone of any nation, including the
Driftnet Impact 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 the 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 under subsection
(a)(3) who is qualified to represent the interests of Lower
Yukon River fishing districts, and at least one member who is
qualified to represent the interests of Upper Yukon River
fishing districts. 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 the Interior, Department of Commerce, Department of
State, North Pacific Fishery Management Council, and other Federal or
State entities as appropriate. Recommendations by the Panel shall be
advisory in nature.
SEC. 708. CONTINUATION OF AGREEMENT.
In the event that the Treaty between Canada and the United States
of America concerning Pacific Salmon, signed at Ottawa, January 28,
1985, terminates prior to the termination of the 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.
Attest:
Secretary.
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104th CONGRESS
1st Session
H. R. 716
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AMENDMENT