[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 716 Enrolled Bill (ENR)]

        H.R.716

                       One Hundred Fourth Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

         Begun and held at the City of Washington on Wednesday,
  the fourth day of January, one thousand nine hundred and ninety-five


                                 An Act


 
                To amend the Fishermen's Protective Act.

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

SECTION 1. SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The Table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.

                  TITLE I--HIGH SEAS FISHING COMPLIANCE

Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. 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 Tunas 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 the 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, 
    Public Law 100-220), the Driftnet Act Amendments of 1990 (Public 
    Law 101-627), and the High Seas Driftnet Fisheries Enforcement Act 
    (title I, Public Law 102-582);
        (2) the United States is a party to the Convention for the 
    Prohibition of Fishing with Long Driftnets in the South Pacific, 
    also known as the Wellington Convention;
        (3) the General Assembly of the United Nations has adopted 
    three resolutions and three decisions which established and 
    reaffirm a global moratorium on large-scale driftnet fishing on the 
    high seas, beginning with Resolution 44/225 in 1989 and most 
    recently in Decision 48/445 in 1993;
        (4) the General Assembly of the United Nations adopted these 
    resolutions and decisions at the request of the United States and 
    other concerned nations;
        (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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.