[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[S. 267 Introduced in Senate (IS)]







104th CONGRESS
  1st Session
                                 S. 267

   To establish a system of licensing, reporting, and regulation for 
 vessels of the United States fishing on the high seas, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             January 24 (legislative day, January 10), 1995

 Mr. Stevens (for himself, Mr. Kerry, Mr. Gorton, Mrs. Murray, and Mr. 
  Murkowski) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
   To establish a system of licensing, reporting, and regulation for 
 vessels of the United States fishing on the high seas, and for other 
                               purposes.

    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 FISHERIES LICENSING

Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Licensing.
Sec. 105. Responsibilities of the Secretary.
Sec. 106. Unlawful activities.
Sec. 107. Enforcement provisions.
Sec. 108. Civil penalties and license 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. Advisory committee procedures.
Sec. 304. Regulations.
Sec. 305. Fines and permit sanctions.
Sec. 306. Authorization of appropriations.
Sec. 307. Report and certification.
Sec. 308. Management of Yellowfin Tuna.
                  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--GOVERNING INTERNATIONAL FISHERY AGREEMENT

Sec. 701. Agreement with Estonia.

                 TITLE I--HIGH SEAS FISHERIES LICENSING

SEC. 101. SHORT TITLE.

    This title may be cited as the ``High Seas Fisheries Licensing 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 licensing, 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. 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 1903(c) of title 46, United States 
        Code Appendix.

SEC. 104. LICENSING.

    (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 license issued under this section.
    (b) Eligibility.--
            (1) Any vessel of the United States is eligible to receive 
        a license 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 license 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 license would 
        not subvert the purposes of the Agreement.
            (4) The Secretary may not issue a license 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 license 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 license 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 license 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 licenses issued under this section. 
        The amount of any fee charged for a license issued under this 
        section shall not exceed the administrative costs incurred in 
        issuing such licenses. The licensing fee may be in addition to 
        any fee required under any regional licensing 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 license issued under this section is valid for 5 
years. A license 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 licenses 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 license 
        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 license;
            (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 license 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 license issued under 
        section 104;
            (3) to use a high seas fishing vessel in violation of the 
        conditions or restrictions of a license 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 license issued under this title; or
            (10) to violate any provision of this title or any 
        regulation or license 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 license 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 license 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 license 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 LICENSE 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) License 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 license 
                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 license under any 
                fishery resource statute enforced by the Secretary, has 
                not been paid and is overdue, the Secretary may--
                            (i) revoke any license issued to or applied 
                        for by such vessel or person under this title, 
                        with or without prejudice to the issuance of 
                        subsequent licenses;
                            (ii) suspend such license for a period of 
                        time considered by the Secretary to be 
                        appropriate;
                            (iii) deny such license; or
                            (iv) impose additional conditions and 
                        restrictions on such license.
            (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 license 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 
        license 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 license that is suspended under this 
        subsection for nonpayment of a civil penalty or criminal fine, 
        the Secretary shall reinstate the license 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 license 
sanction is imposed under subsection (b) (other than a license 
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. Sec. 1 et seq.) 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 Forfeiture.--
            (1) In general.--Any vessel (including its gear, furniture, 
        appurtenances, stores, and cargo) used in the commission of an 
        act that is unlawful under subsection (a), and any fish (or the 
        fair market value thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any act 
        that is unlawful under subsection (a), shall be subject to 
        seizure and forfeiture as provided in section 310 of the 
        Magnuson Act (16 U.S.C. 1860).
            (2) Disposal of fish.--Any fish seized pursuant to this 
        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. Sec. 1 et seq.) 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 Alternate 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 Articles 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 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. The Secretary through the Secretary of State 
        shall encourage other member nations to adopt a similar 
        program.''.

SEC. 303. 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 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. 1 et 
seq.).''.

SEC. 304. REGULATIONS.

    Section 6(c)(3) of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971d(c)(3)) is amended by adding ``or fishery mortality level'' 
after ``quota of fish'' in the last sentence.

SEC. 305. 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. 306. AUTHORIZATION OF APPROPRIATIONS.

    Section 10 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971h) is amended to read as follows:
``Sec. 10. Authorization of appropriations
    ``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, $2,750,000, 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 $1,500,000 are authorized for 
        research activities under this Act.
            ``(2) For fiscal year 1996, $4,000,000, of which $62,000 
        are authorized in the aggregate for such advisory committee and 
        such working groups, and $2,500,000 are authorized for such 
        research activities.
            ``(3) For fiscal year 1997, $4,000,000 of which $75,000 are 
        authorized in the aggregate for such advisory committee and 
        such working groups, and $2,500,000 are authorized for such 
        research activities.''.
            ``(4) For fiscal year 1998, $4,000,000 of which $75,000 are 
        authorized in the aggregate for such advisory committee and 
        such working groups, and $2,500,000 are authorized for such 
        research activities.''.

SEC. 307. REPORT AND CERTIFICATION.

    The Atlantic Tuna Convention Act of 1975 (16 U.S.C. 971 et seq.) is 
amended by adding at the end thereof the following:
``Sec. 11. Annual report
    ``Not later than April 1, 1996, and annually thereafter, the 
Secretary shall prepare and transmit to the Committee on Resources of 
the House of Representatives and the Committee on Commerce, Science, 
and Transportation of the Senate a report, that--
            ``(1) details for the previous 10-year period the catches 
        and exports to the United States of highly migratory species 
        (including tunas, swordfish, marlin and sharks) from nations 
        fishing on Atlantic stocks of such species that are subject to 
        management by the Commission;
            ``(2) identifies those fishing nations whose harvests are 
        inconsistent with conservation and management recommendations 
        of the Commission;
            ``(3) describes reporting requirements established by the 
        Secretary to ensure that imported fish products are in 
        compliance with all international management measures, 
        including minimum size requirements, established by the 
        Commission and other international fishery organizations to 
        which the United States is a party; and
            ``(4) describes actions taken by the Secretary under 
        section 12.
``Sec. 12. Certification
    ``(a) If the Secretary determines that vessels of any nation are 
harvesting fish which are subject to regulation pursuant to a 
recommendation of the Commission and which were taken from the 
convention area in a manner or under circumstances which would tend to 
diminish the effectiveness of the conservation recommendations of the 
Commission, the Secretary shall certify such fact to the President.
    ``(b) Such certification shall be deemed to be a certification for 
the purposes of section 8 of the Fishermen's Protective Act (22 U.S.C. 
1978).
    ``(c) Upon certification under subsection (a), the Secretary shall 
promulgate regulations under section 6(c)(4) with respect to a nation 
so certified.''.

SEC. 308. MANAGEMENT OF 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 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 June 1, 1996, the Secretary of Commerce shall 
implement the recommendations of International Commission for the 
Conservation of Atlantic Tunas regarding yellowfin tuna.

                  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) Canada recently 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 immediately 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 redouble 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 
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 balances of 
previously appropriated funds remaining in the Fishermen's Guaranty 
Fund established under section 7 and 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).
    ``(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.
    ``(g) This section shall remain in effect until October 1, 1996.''.
    (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).''.

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--GOVERNING INTERNATIONAL FISHERY AGREEMENT

SEC. 701. AGREEMENT WITH ESTONIA.

    Notwithstanding section 203 of the Magnuson Fishery Conservation 
and Management Act (16 U.S.C. 1823), the governing international 
fishery agreement between the Government of the United States of 
America and the government of the Republic of Estonia as contained in 
the message to Congress from the President of the United States dated 
January 19, 1995, is approved as a governing international fishery 
agreement for the purposes of such Act and shall enter into force and 
effect with respect to the United States on the date of enactment of 
this Act.
                                 <all>
S 267 IS----2
S 267 IS----3
S 267 IS----4
S 267 IS----5