[Congressional Record Volume 141, Number 109 (Friday, June 30, 1995)]
[Senate]
[Pages S9552-S9561]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


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

                                 ______


                STEVENS (AND OTHERS) AMENDMENT NO. 1488

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

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

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The Table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

[[Page S9553]]


                 TITLE I--HIGH SEAS FISHING COMPLIANCE

Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Permitting.
Sec. 105. Responsibilities of the Secretary.
Sec. 106. Unlawful activities.
Sec. 107. Enforcement provisions.
Sec. 108. Civil penalties and permit sanctions.
Sec. 109. Criminal offenses.
Sec. 110. Forfeitures.
Sec. 111. Effective date.
     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
            COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

Sec. 201. Short title.
Sec. 202. Representation of United States under convention.
Sec. 203. Requests for scientific advice.
Sec. 204. Authorities of Secretary of State with respect to convention.
Sec. 205. Interagency cooperation.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts and penalties.
Sec. 208. Consultative committee.
Sec. 209. Administrative matters.
Sec. 210. Definitions.
Sec. 211. Authorization of appropriations.

                TITLE III--ATLANTIC TUNAS CONVENTION ACT

Sec. 301. Short title.
Sec. 302. Research and monitoring activities.
Sec. 303. Definitions.
Sec. 304. Advisory committee procedures.
Sec. 305. Regulations and enforcement of Convention.
Sec. 306. Fines and permit sanctions.
Sec. 307. Authorization of appropriations.
Sec. 308. Report and savings clause.
Sec. 309. Management and Atlantic yellowfin tuna.
Sec. 310. Study of bluefin tuna regulations.
Sec. 311. Sense of the Congress with respect to ICCAT negotiations.

                  TITLE IV--FISHERMAN'S PROTECTIVE ACT

Sec. 401. Findings.
Sec. 402. Amendment to the Fisherman's Protective Act of 1967.
Sec. 403. Reauthorization.
Sec. 404. Technical corrections.

        TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

Sec. 501. Short title.
Sec. 502. Fishing prohibition.

                     TITLE VI--DRIFTNET MORATORIUM

Sec. 601. Short title.
Sec. 602. Findings.
Sec. 603. Prohibition.
Sec. 604. Negotiations.
Sec. 605. Certification.
Sec. 606. Enforcement.

                     TITLE VII--YUKON RIVER SALMON

Sec. 701. Short title.
Sec. 702. Purposes.
Sec. 703. Definitions.
Sec. 704. Panel.
Sec. 705. Advisory committee.
Sec. 706. Exemption.
Sec. 707. Authority and responsibility.
Sec. 708. Continuation of agreement.
Sec. 709. Administrative matters.
Sec. 710. Authorization of appropriations.

                       TITLE VIII--MISCELLANEOUS

Sec. 801. South Pacific tuna amendment.
Sec. 802. Foreign fishing for Atlantic herring and Atlantic mackerel.
                 TITLE I--HIGH SEAS FISHING COMPLIANCE

     SEC. 101. SHORT TITLE.

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

     SEC. 102. PURPOSE.

       It is the purpose of this Act--
       (1) to implement the Agreement to Promote Compliance with 
     International Conservation and Management Measures by Fishing 
     Vessels on the High Seas, adopted by the Conference of the 
     Food and Agriculture Organization of the United Nations on 
     November 24, 1993; and
       (2) to establish a system of permitting, reporting, and 
     regulation for vessels of the United States fishing on the 
     high seas.

     SEC. 103. DEFINITIONS.

       As used in this Act--
       (1) The term ``Agreement'' means the Agreement to Promote 
     Compliance with International Conservation and Management 
     Measures by Fishing Vessels on the High Seas, adopted by the 
     Conference of the Food and Agriculture Organization of the 
     United Nations on November 24, 1993.
       (2) The term ``FAO'' means the Food and Agriculture 
     Organization of the United Nations.
       (3) The term ``high seas'' means the waters beyond the 
     territorial sea or exclusive economic zone (or the 
     equivalent) of any nation, to the extent that such 
     territorial sea or exclusive economic zone (or the 
     equivalent) is recognized by the United States.
       (4) The term ``high seas fishing vessel'' means any vessel 
     of the United States used or intended for use--
       (A) on the high seas;
       (B) for the purpose of the commercial exploitation of 
     living marine resources; and
       (C) as a harvesting vessel, as a mother ship, or as any 
     other support vessel directly engaged in a fishing operation.
       (5) The term ``international conservation and management 
     measures'' means measures to conserve or manage one or more 
     species of living marine resources that are adopted and 
     applied in accordance with the relevant rules of 
     international law, as reflected in the 1982 United Nations 
     Convention on the Law of the Sea, and that are recognized by 
     the United States. Such measures may be adopted by global, 
     regional, or sub-regional fisheries organizations, subject to 
     the rights and obligations of their members, or by treaties 
     or other international agreements.
       (6) The term ``length'' means--
       (A) for any high seas fishing vessel built after July 18, 
     1982, 96 percent of the total length on a waterline at 85 
     percent of the least molded depth measured from the top of 
     the keel, or the length from the foreside of the stem to the 
     axis of the rudder stock on that waterline, if that is 
     greater, except that in ships designed with a rake of keel 
     the waterline on which this length is measured shall be 
     parallel to the designed waterline; and
       (B) for any high seas fishing vessel built before July 18, 
     1982, registered length as entered on the vessel's 
     documentation.
       (7) The term ``person'' means any individual (whether or 
     not a citizen or national of the United States), any 
     corporation, partnership, association, or other entity 
     (whether or not organized or existing under the laws of any 
     State), and any Federal, State, local, or foreign government 
     or any entity of any such government.
       (8) The term ``Secretary'' means the Secretary of Commerce.
       (9) The term ``vessel of the United States'' means--
       (A) a vessel documented under chapter 121 of title 46, 
     United States Code, or numbered in accordance with chapter 
     123 of title 46, United States Code;
       (B) a vessel owned in whole or part by--
       (i) the United States or a territory, commonwealth, or 
     possession of the United States;
       (ii) a State or political subdivision thereof;
       (iii) a citizen or national of the United States; or
       (iv) a corporation created under the laws of the United 
     States or any State, the District of Columbia, or any 
     territory, commonwealth, or possession of the United States; 
     unless the vessel has been granted the nationality of a 
     foreign nation in accordance with article 92 of the 1982 
     United Nations Convention on the Law of the Sea and a claim 
     of nationality or registry
      for the vessel is made by the master or individual in charge 
     at the time of the enforcement action by an officer or 
     employee of the United States authorized to enforce 
     applicable provisions of the United States law; and
       (C) a vessel that was once documented under the laws of the 
     United States and, in violation of the laws of the United 
     States, was either sold to a person not a citizen of the 
     United States or placed under foreign registry or a foreign 
     flag, whether or not the vessel has been granted the 
     nationality of a foreign nation.
       (10) The terms ``vessel subject to the jurisdiction of the 
     United States'' and ``vessel without nationality'' have the 
     same meaning as in section 3(c) of Maritime Drug Law 
     Enforcement Act (46 U.S.C. 1903(c)).

     SEC. 104. PERMITTING.

       (a) In General.--No high seas fishing vessel shall engage 
     in harvesting operations on the high seas unless the vessel 
     has on board a valid permit issued under this section.
       (b) Eligibility.--
       (1) Any vessel of the United States is eligible to receive 
     a permit under this section, unless the vessel was previously 
     authorized to be used for fishing on the high seas by a 
     foreign nation, and
       (A) the foreign nation suspended such authorization because 
     the vessel undermined the effectiveness of international 
     conservation and management measures, and the suspension has 
     not expired; or
       (B) the foreign nation, within the last three years 
     preceding application for a permit under this section, 
     withdrew such authorization because the vessel undermined the 
     effectiveness of international conservation and management 
     measures.
       (2) The restriction in paragraph (1) does not apply if 
     ownership of the vessel has changed since the vessel 
     undermined the effectiveness of international conservation 
     and management measures, and the new owner has provided 
     sufficient evidence to the Secretary demonstrating that the 
     previous owner or operator has no further legal, beneficial 
     or financial interest in, or control of, the vessel.
       (3) The restriction in paragraph (1) does not apply if the 
     Secretary makes a determination that issuing a permit would 
     not subvert the purposes of the Agreement.
       (4) The Secretary may not issue a permit to a vessel unless 
     the Secretary is satisfied that the United States will be 
     able to exercise effectively its responsibilities under the 
     Agreement with respect to that vessel.
       (c) Application.--
       (1) The owner or operator of a high seas fishing vessel may 
     apply for a permit under this section by completing an 
     application form prescribed by the Secretary.
       (2) The application form shall contain--
       (A) the vessel's name, previous names (if known), official 
     numbers, and port of record;
       (B) the vessel's previous flags (if any);
       (C) the vessel's International Radio Call Sign (if any);
       (D) the names and addresses of the vessel's owners and 
     operators;
       (E) where and when the vessel was built;
       (F) the type of vessel;
       (G) the vessel's length; and

[[Page S9554]]

       (H) any other information the Secretary requires for the 
     purposes of implementing the Agreement.
       (d) Conditions.--The Secretary shall establish such 
     conditions and restrictions on each permit issued under this 
     section as are necessary and appropriate to carry out the 
     obligations of the United States under the Agreement, 
     including but not limited to the following:
       (1) The vessel shall be marked in accordance with the FAO 
     Standard Specifications for the Marking and Identification of 
     Fishing Vessels, or with regulations issued under section 305 
     of the Magnuson Fishery Conservation and Management Act (16 
     U.S.C. 1855); and
       (2) The permit holder shall report such information as the 
     Secretary by regulation requires, including area of fishing 
     operations and catch statistics. The Secretary shall 
     promulgate regulations concerning conditions under which 
     information submitted under this paragraph may be released.
       (e) Fees.--
       (1) The Secretary shall by regulation establish the level 
     of fees to be charged for permits issued under this section. 
     The amount of any fee charged for a permit issued under this 
     section shall not exceed the administrative costs incurred in 
     issuing such permits. The permitting fee may be in addition 
     to any fee required under any regional permitting regime 
     applicable to high seas fishing vessels.
       (2) The fees authorized by paragraph (1) shall be collected 
     and credited to the Operations, Research and Facilities 
     account of the National Oceanic and Atmospheric 
     Administration. Fees collected under this subsection shall be 
     available for the necessary expenses of the National Oceanic 
     and Atmospheric Administration in implementing this Act, and 
     shall remain available until expended.
       (f) Duration.--A permit issued under this section is valid 
     for 5 years. A permit issued under this section is void in 
     the event the vessel is no longer eligible for 
     United States documentation, such documentation is 
     revoked or denied, or the vessel is deleted from such 
     documentation.

     SEC. 105. RESPONSIBILITIES OF THE SECRETARY.

       (a) Record.--The Secretary shall maintain an automated file 
     or record of high seas fishing vessels issued permits under 
     section 104, including all information submitted under 
     section 104(c)(2).
       (b) Information To FAO.--The Secretary, in cooperation with 
     the Secretary of State and the Secretary of the department in 
     which the Coast Guard is operating, shall--
       (1) make available to FAO information contained in the 
     record maintained under subsection (a);
       (2) promptly notify FAO of changes in such information;
       (3) promptly notify FAO of additions to or deletions from 
     the record, and the reason for any deletion;
       (4) convey to FAO information relating to any permit 
     granted under section 104(b)(3), including the vessel's 
     identity, owner or operator, and factors relevant to the 
     Secretary's determination to issue the permit;
       (5) report promptly to FAO all relevant information 
     regarding any activities of high seas fishing vessels that 
     undermine the effectiveness of international conservation and 
     management measures, including the identity of the vessels 
     and any sanctions imposed; and
       (6) provide the FAO a summary of evidence regarding any 
     activities of foreign vessels that undermine the 
     effectiveness of international conservation and management 
     measures.
       (c) Information to Flag Nations.--If the Secretary, in 
     cooperation with the Secretary of State and the Secretary of 
     the department in which the Coast Guard is operating, has 
     reasonable grounds to believe that a foreign vessel has 
     engaged in activities undermining the effectiveness of 
     international conservation and management measures, the 
     Secretary shall--
       (1) provide to the flag nation information, including 
     appropriate evidentiary material, relating to those 
     activities; and
       (2) when such foreign vessel is voluntarily in a United 
     States port, promptly notify the flag nation and, if 
     requested by the flag nation, make arrangements to undertake 
     such lawful investigatory measures as may be considered 
     necessary to establish whether the vessel has been used 
     contrary to the provisions of the Agreement.
       (d) Regulations.--The Secretary, after consultation with 
     the Secretary of State and the Secretary of the department in 
     which the Coast Guard is operating, may promulgate such 
     regulations, in accordance with section 553 of title 5, 
     United States Code, as may be necessary to carry out the 
     purposes of the Agreement and this title. The Secretary shall 
     coordinate such regulations with any other entities 
     regulating high seas fishing vessels, in order to minimize 
     duplication of permit application and reporting requirements. 
     To the extent practicable, such regulations shall also be 
     consistent with regulations implementing fishery management 
     plans under the Magnuson Fishery Conservation and Management 
     Act (16 U.S.C. 1801 et seq.).
       (e) Notice of International Conservation and Management 
     Measures.--The Secretary, in consultation with the Secretary 
     of State, shall publish in the Federal Register, from time to 
     time, a notice listing international conservation and 
     management measures recognized by the United States.

     SEC. 106. UNLAWFUL ACTIVITIES.

       It is unlawful for any person subject to the jurisdiction 
     of the United States--
       (1) to use a high seas fishing vessel on the high seas in 
     contravention of international conservation and management 
     measures described in section 105(e).
       (2) to use a high seas fishing vessel on the high seas, 
     unless the vessel has on board a valid permit issued under 
     section 104;
       (3) to use a high seas fishing vessel in violation of the 
     conditions or restrictions of a permit issued under section 
     104;
       (4) to falsify any information required to be reported, 
     communicated, or recorded pursuant to this title or any 
     regulation issued under this title, or to fail to submit in a 
     timely fashion any required information, or to fail to report 
     to the Secretary immediately any change in circumstances that 
     has the effect of rendering any such information false, 
     incomplete, or misleading;
       (5) to refuse to permit an authorized officer to board a 
     high seas fishing vessel subject to such person's control for 
     purposes of conducting any search or inspection in connection 
     with the enforcement of this title or any regulation issued 
     under this title;
       (6) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with an authorized officer in the 
     conduct of any search or inspection described in paragraph 
     (5);
       (7) to resist a lawful arrest or detention for any action 
     prohibited by this section;
       (8) to interfere with, delay, or prevent, by any means, the 
     apprehension, arrest, or detection of another person, knowing 
     that such person has committed any act prohibited by this 
     section;
       (9) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or
      possession of, any living marine resource taken or retained 
     in violation of this title or any regulation or permit 
     issued under this title; or
       (10) to violate any provision of this title or any 
     regulation or permit issued under this title.

     SEC. 107. ENFORCEMENT PROVISIONS.

       (a) Duties of Secretaries.--This title shall be enforced by 
     the Secretary of Commerce and the Secretary of the department 
     in which the Coast Guard is operating. Such Secretaries may 
     by agreement utilize, on a reimbursable basis or otherwise, 
     the personnel, services, equipment (including aircraft and 
     vessels), and facilities of any other Federal agency, or of 
     any State agency, in the performance of such duties. Such 
     Secretaries shall, and the head of any Federal or State 
     agency that has entered into an agreement with either such 
     Secretary under this section may (if the agreement so 
     provides), authorize officers to enforce the provisions of 
     this title or any regulation or permit issued under this 
     title.
       (b) District Court Jurisdiction.--The district courts of 
     the United States shall have exclusive jurisdiction over any 
     case or controversy arising under the provisions of this 
     title. In the case of Guam, and any Commonwealth, territory, 
     or possession of the United States in the Pacific Ocean, the 
     appropriate court is the United States District Court for the 
     District of Guam, except that in the case of American Samoa, 
     the appropriate court is the United States District Court for 
     the District of Hawaii.
       (c) Powers of Enforcement Officers.--
       (1) Any officer who is authorized under subsection (a) to 
     enforce the provisions of this title may--
       (A) with or without a warrant or other process--
       (i) arrest any person, if the officer has reasonable cause 
     to believe that such person has committed an act prohibited 
     by paragraph (6), (7), (8), or (9) of section 106;
       (ii) board, and search or inspect, any high seas fishing 
     vessel;
       (iii) seize any high seas fishing vessel (together with its 
     fishing gear, furniture, appurtenances, stores, and cargo) 
     used or employed in, or with respect to which it reasonably 
     appears that such vessel was used or employed in, the 
     violation of any provision of this title or any regulation or 
     permit issued under this title;
       (iv) seize any living marine resource (wherever found) 
     taken or retained, in any manner, in connection with or as a 
     result of the commission of any act prohibited by section 
     106;
       (v) seize any other evidence related to any violation of 
     any provision of this title or any regulation or permit 
     issued under this title;
       (B) execute any warrant or other process issued by any 
     court of competent jurisdiction; and
       (C) exercise any other lawful authority.
       (2) Subject to the direction of the Secretary, a person 
     charged with law enforcement responsibilities by the 
     Secretary who is performing a duty related to enforcement of 
     a law regarding fisheries or other marine resources may make 
     an arrest without a warrant for an offense against the United 
     States committed in his presence, or for a felony cognizable 
     under the laws of the United States, if he has reasonable 
     grounds to believe that the person to be arrested has 
     committed or is committing a felony.
       (d) Issuance of Citations.--If any authorized officer finds 
     that a high seas fishing vessel is operating or
      has been operated in violation of any provision of this 
     title, such officer may issue a citation to the owner or 
     operator of such vessel in lieu of proceeding under 
     subsection (c). If a permit has been issued pursuant to 
     this title for such vessel, 

[[Page S9555]]
     such officer shall note the issuance of any citation under this 
     subsection, including the date thereof and the reason 
     therefor, on the permit. The Secretary shall maintain a 
     record of all citations issued pursuant to this 
     subsection.
       (e) Liability for Costs.--Any person assessed a civil 
     penalty for, or convicted of, any violation of this Act shall 
     be liable for the cost incurred in storage, care, and 
     maintenance of any living marine resource or other property 
     seized in connection with the violation.

     SEC. 108. CIVIL PENALTIES AND PERMIT SANCTIONS.

       (a) Civil Penalties.--
       (1) Any person who is found by the Secretary, after notice 
     and opportunity for a hearing in accordance with section 554 
     of title 5, United States Code, to have committed an act 
     prohibited by section 106 shall be liable to the United 
     States for a civil penalty. The amount of the civil penalty 
     shall not exceed $100,000 for each violation. Each day of a 
     continuing violation shall constitute a separate offense. The 
     amount of such civil penalty shall be assessed by the 
     Secretary by written notice. In determining the amount of 
     such penalty, the Secretary shall take into account the 
     nature, circumstances, extent, and gravity of the prohibited 
     acts committed and, with respect to the violation, the degree 
     of culpability, any history of prior offenses, and such other 
     matters as justice may require.
       (2) The Secretary may compromise, modify, or remit, with or 
     without conditions, any civil penalty that is subject to 
     imposition or that has been imposed under this section.
       (b) Permit Sanctions.--
       (1) In any case in which--
       (A) a vessel of the United States has been used in the 
     commission of an act prohibited under section 106;
       (B) the owner or operator of a vessel or any other person 
     who has been issued or has applied for a permit under section 
     104 has acted in violation of section 106; or
       (C) any amount in settlement of a civil forfeiture imposed 
     on a high seas fishing vessel or other property, or any civil 
     penalty or criminal fine imposed on a high seas fishing 
     vessel or on an owner or operator of such a vessel or on any 
     other person who has been issued or has applied for a permit 
     under any fishery resource statute enforced by the Secretary, 
     has not been paid and is overdue, the Secretary may--
       (i) revoke any permit issued to or applied for by such 
     vessel or person under this title, with or without prejudice 
     to the issuance of subsequent permits;
       (ii) suspend such permit for a period of time considered by 
     the Secretary to be appropriate;
       (iii) deny such permit; or
       (iv) impose additional conditions and restrictions on such 
     permit.
       (2) In imposing a sanction under this subsection, the 
     Secretary shall take into account--
       (A) the nature, circumstances, extent, and gravity of the 
     prohibited acts for which the sanction is imposed; and
       (B) with respect to the violator, the degree of 
     culpability, any history of prior offenses, and such other 
     matters as justice may require.
       (3) Transfer of ownership of a high seas fishing vessel, by 
     sale or otherwise, shall not extinguish any permit sanction 
     that is in effect or is pending at the , and Mr. @
      time of transfer of ownership. Before executing the transfer 
     of ownership of a vessel, by sale or otherwise, the owner 
     shall disclose in writing to the prospective transferee 
     the existence of any permit sanction that will be in 
     effect or pending with respect to the vessel at the time 
     of the transfer. The Secretary may waive or compromise a 
     sanction in the case of a transfer pursuant to court 
     order.
       (4) In the case of any permit that is suspended under this 
     subsection for nonpayment of a civil penalty or criminal 
     fine, the Secretary shall reinstate the permit upon payment 
     of the penalty or fine and interest thereon at the prevailing 
     rate.
       (5) No sanctions shall be imposed under this subsection 
     unless there has been prior opportunity for a hearing on the 
     facts underlying the violation for which the sanction is 
     imposed, either in conjunction with a civil penalty 
     proceeding under this section or otherwise.
       (c) Hearing.--For the purposes of conducting any hearing 
     under this section, the Secretary may issue subpoenas for the 
     attendance and testimony of witnesses and the production of 
     relevant papers, books, and documents, and may administer 
     oaths. Witnesses summoned shall be paid the same fees and 
     mileage that are paid to witnesses in the courts of the 
     United States. In case of contempt or refusal to obey a 
     subpoena served upon any person pursuant to this subsection, 
     the district court of the United States for any district in 
     which such person is found, resides, or transacts business, 
     upon application by the United States and after notice to 
     such person, shall have jurisdiction to issue an order 
     requiring such person to appear and give testimony before the 
     Secretary or to appear and produce documents before the 
     Secretary, or both, and any failure to obey such order of the 
     court may be punished by such court as a contempt thereof.
       (d) Judicial Review.--Any person against whom a civil 
     penalty is assessed under subsection (a) or against whose 
     vessel a permit sanction is imposed under subsection (b) 
     (other than a permit suspension for nonpayment of penalty or 
     fine) may obtain review thereof in the United States district 
     court for the appropriate district by filing a complaint 
     against the Secretary in such court within 30 days from the 
     date of such penalty or sanction. The Secretary shall 
     promptly file in such court a certified copy of the record 
     upon which such penalty or sanction was imposed, as provided 
     in section 2112 of title 28, United States Code. The findings 
     and order of the Secretary shall be set aside by such court 
     if they are not found to be supported by substantial 
     evidence, as provided in section 706(2) of title 5, United 
     States Code.
       (e) Collection.--
       (1) If any person fails to pay an assessment of a civil 
     penalty after it has become a final and unappealable order, 
     or after the appropriate court has entered final judgment in 
     favor of the Secretary, the matter shall be referred to the 
     Attorney General, who shall recover the amount assessed in 
     any appropriate district court of the United States. In such 
     action the validity and appropriateness of the final order 
     imposing the civil penalty shall not be subject to review.
       (2) A high seas fishing vessel (including its fishing gear, 
     furniture, appurtenances, stores, and cargo) used in the 
     commission of an act prohibited by section 106 shall be 
     liable in rem for any civil penalty assessed for such 
     violation under subsection (a) and may be proceeded against 
     in any district court of the United States having 
     jurisdiction thereof. Such penalty shall constitute a 
     maritime lien on such vessel that may be recovered in an 
     action in rem in the district court of the United States 
     having jurisdiction over the vessel.
     SEC. 109. CRIMINAL OFFENSES.

       (a) Offenses.--A person is guilty of an offense if the 
     person commits any act prohibited by paragraph (6), (7), (8), 
     or (9) of section 106.
       (b) Punishment.--Any offense described in subsection (a) is 
     a class A misdemeanor punishable by a fine under title 18, 
     United States Code, or imprisonment for not more than one 
     year, or both; except that if in the commission of any 
     offense the person uses a dangerous weapon, engages in 
     conduct that causes bodily injury to any authorized officer, 
     or places any such officer in fear of imminent bodily injury, 
     the offense is a felony punishable by a fine under title 18, 
     United States Code, or imprisonment for not more than 10 
     years, or both.

     SEC. 110. FORFEITURES.

       (a) In General.--Any high seas fishing vessel (including 
     its fishing gear, furniture, appurtenances, stores, and 
     cargo) used, and any living marine resources (or the fair 
     market value thereof) taken or retained, in any manner, in 
     connection with or as a result of the commission of any act 
     prohibited by section 106 (other than an act for which the 
     issuance of a citation under section 107 is a sufficient 
     sanction) shall be subject to forfeiture to the United 
     States. All or part of such vessel may, and all such living 
     marine resources (or the fair market value thereof) shall, be 
     forfeited to the United States pursuant to a civil proceeding 
     under this section.
       (b) Jurisdiction of District Courts.--Any district court of 
     the United States shall have jurisdiction, upon application 
     of the Attorney General on behalf of the United States, to 
     order any forfeiture authorized under subsection (a) and any 
     action provided for under subsection (d).
       (c) Judgment.--If a judgment is entered for the United 
     States in a civil forfeiture proceeding under this section, 
     the Attorney General may seize any property or other interest 
     declared forfeited to the United States, which has not 
     previously been seized pursuant to this title or for which 
     security has not previously been obtained. The provisions of 
     the customs laws relating to--
       (1) the seizure, forfeiture, and condemnation of property 
     for violation of the customs law;
       (2) the disposition of such property or the proceeds from 
     the sale thereof; and
       (3) the remission or mitigation of any such forfeiture;

     shall apply to seizures and forfeitures incurred, or alleged 
     to have been incurred, under the provisions of this title, 
     unless such provisions are inconsistent with the purposes, 
     policy, and provisions of this title.
       (d) Procedure.--
       (1) Any officer authorized to serve any process in rem that 
     is issued by a court under section 107(b) shall--
       (A) stay the execution of such process; or
       (B) discharge any living marine resources seized pursuant 
     to such process;

     upon receipt of a satisfactory bond or other security from 
     any person claiming such property. Such bond or other 
     security shall be conditioned upon such person delivering 
     such property to the appropriate court upon order thereof, 
     without any impairment of its value, or paying the monetary 
     value of such property pursuant to an order of such court. 
     Judgment shall be recoverable on such bond or other security 
     against both the principal and any sureties in the event that 
     any condition thereof is breached, as determined by such 
     court.
       (2) Any living marine resources seized pursuant to this 
     title may be sold, subject to the approval of the appropriate 
     court, for not less than the fair market value thereof. The 
     proceeds of any such sale shall be deposited with such court 
     pending the disposition of the matter involved.
       (e) Rebuttable Presumption.--For purposes of this section, 
     all living marine resources found on board a high seas 
     fishing 

[[Page S9556]]
     vessel and which are seized in connection with an act prohibited by 
     section 106 are presumed to have been taken or retained in 
     violation of this title, but the presumption can be rebutted 
     by an appropriate showing of evidence to the contrary.

     SEC. 111. EFFECTIVE DATE.

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

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

     SEC. 201. SHORT TITLE.

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

     SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.

       (a) Commissioners.--
       (1) Appointments, generally.--The Secretary shall appoint 
     not more than 3 individuals to serve as the representatives 
     of the United States on the General Council and the Fisheries 
     Commission, who shall each--
       (A) be known as a ``United States Commissioner to the 
     Northwest Atlantic Fisheries Organization''; and
       (B) serve at the pleasure of the Secretary.
       (2) Requirements for appointments.--
       (A) The Secretary shall ensure that of the individuals 
     serving as Commissioners--
       (i) at least 1 is appointed from among representatives of 
     the commercial fishing industry;
       (ii) 1 (but no more than 1) is an official of the 
     Government; and
       (iii) 1, other than the individual appointed under clause 
     (ii), is a voting member of the New England Fishery 
     Management Council.
       (B) The Secretary may not appoint as a Commissioner an 
     individual unless the individual is knowledgeable and 
     experienced concerning the fishery resources to which the 
     Convention applies.
       (3) Terms.--
       (A) The term of an individual appointed as a Commissioner--
       (i) shall be specified by the Secretary at the time of 
     appointment; and
       (ii) may not exceed 4 years.
       (B) An individual who is not a Government official may not 
     serve more than 2 consecutive terms as a Commissioner.
       (b) Alternate Commissioners.--
       (1) Appointment.--The Secretary may, for any anticipated 
     absence of a duly appointed Commissioner at a meeting of the 
     General Council or the Fisheries Commission, designate an 
     individual to serve as an Alternate Commissioner.
       (2) Functions.--An Alternate Commissioner may exercise all 
     powers and perform all duties of the Commissioner for whom 
     the Alternate Commissioner is designated, at any meeting of 
     the General Council or the Fisheries Commission for which the 
     Alternate Commissioner is designated.
       (c) Representatives.--
       (1) Appointment.--The Secretary shall appoint not more than 
     3 individuals to serve as the representatives of the United 
     States on the Scientific Council, who shall each be known as 
     a ``United States Representative to the Northwest Atlantic 
     Fisheries Organization Scientific Council''.
       (2) Eligibility for appointment.--
       (A) The Secretary may not appoint an individual as a 
     Representative unless the individual is knowledgeable and 
     experienced concerning the scientific issues dealt with by 
     the Scientific Council.
       (B) The Secretary shall appoint as a Representative at 
     least 1 individual who is an official of the Government.
       (3) Term.--An individual appointed as a Representative--
       (A) shall serve for a term of not to exceed 4 years, as 
     specified by the Secretary at the time of appointment;
       (B) may be reappointed; and
       (C) shall serve at the pleasure of the Secretary.
       (d) Alternate Representatives.--
       (1) Appointment.--The Secretary may, for any anticipated 
     absence of a duly appointed Representative at a meeting of 
     the Scientific Council, designate an individual to serve as 
     an Alternate Representative.
       (2) Functions.--An Alternate Representative may exercise 
     all powers and perform all duties of the Representative for 
     whom the Alternate Representative is designated, at any 
     meeting of the Scientific Council for which the Alternate 
     Representative is designated.
       (e) Experts and Advisers.--The Commissioners, Alternate 
     Commissioners, Representatives, and Alternate Representatives 
     may be accompanied at meetings of the Organization by experts 
     and advisers.
       (f) Coordination and Consultation.--
       (1) In general.--In carrying out their functions under the 
     Convention, Commissioners, Alternate Commissioners, 
     Representatives, and Alternate Representatives shall--
       (A) coordinate with the appropriate Regional Fishery 
     Management Councils established by section 302 of the 
     Magnuson Act (16 U.S.C. 1852); and
       (B) consult with the committee established under section 
     208.
       (2) Relationship to other law.--The Federal Advisory 
     Committee Act (5 U.S.C. App.) shall not apply to coordination 
     and consultations under this subsection.

     SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

       (a) Restriction.--The Representatives may not make a 
     request or specification described in subsection (b)(1) or 
     (2), respectively, unless the Representatives have first--
       (1) consulted with the appropriate Regional Fishery 
     Management Councils; and
       (2) received the consent of the Commissioners for that 
     action.
       (b) Requests and Terms of Reference Described.--The 
     requests and specifications referred to in subsection (a) 
     are, respectively--
       (1) any request, under Article VII(1) of the Convention, 
     that the Scientific Council consider and report on a question 
     pertaining to the scientific basis for the management and 
     conservation of fishery resources in waters under the 
     jurisdiction of the United States within the Convention Area; 
     and
       (2) any specification, under Article VIII(2) of the 
     Convention, of the terms of reference for the consideration 
     of a question referred to the Scientific Council pursuant to 
     Article VII(1) of the Convention.
     SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
                   CONVENTION.

       The Secretary of State may, on behalf of the Government of 
     the United States--
       (1) receive and transmit reports, requests, 
     recommendations, proposals, and other communications of and 
     to the Organization and its subsidiary organs;
       (2) object, or withdraw an objection, to the proposal of 
     the Fisheries Commission;
       (3) give or withdraw notice of intent not to be bound by a 
     measure of the Fisheries Commission;
       (4) object or withdraw an objection to an amendment to the 
     Convention; and
       (5) act upon, or refer to any other appropriate authority, 
     any other communication referred to in paragraph (1).

     SEC. 205. INTERAGENCY COOPERATION.

       (a) Authorities of Secretary.--In carrying out the 
     provisions of the Convention and this title, the Secretary 
     may arrange for cooperation with other agencies of the United 
     States, the States, the New England and the Mid-Atlantic 
     Fishery Management Councils, and private institutions and 
     organizations.
       (b) Other Agencies.--The head of any Federal agency may--
       (1) cooperate in the conduct of scientific and other 
     programs, and furnish facilities and personnel, for the 
     purposes of assisting the Organization in carrying out its 
     duties under the Convention; and
       (2) accept reimbursement from the Organization for 
     providing such services, facilities, and personnel.

     SEC. 206. RULEMAKING.

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

     SEC. 207. PROHIBITED ACTS AND PENALTIES.

       (a) Prohibition.--It is unlawful for any person or vessel 
     that is subject to the jurisdiction of the United States--
       (1) to violate any regulation issued under this title or 
     any measure that is legally binding on the United States 
     under the Convention;
       (2) to refuse to permit any authorized enforcement officer 
     to board a fishing vessel that is subject to the person's 
     control for purposes of conducting any search or inspection 
     in connection with the enforcement of this title, any 
     regulation issued under this title, or any measure that is 
     legally binding on the United States under the Convention;
       (3) forcibly to assault, resist, oppose, impede, 
     intimidate, or interfere with any authorized enforcement 
     officer in the conduct of any search or inspection described 
     in paragraph (2);
       (4) to resist a lawful arrest for any act prohibited by 
     this section;
       (5) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fish taken or retained in violation of this section; or
       (6) to interfere with, delay, or prevent, by any means, the 
     apprehension or arrest of another person, knowing that the 
     other person has committed an act prohibited by this section.
       (b) Civil Penalty.--Any person who commits any act that is 
     unlawful under subsection (a) shall be liable to the United 
     States for a civil penalty, or may be subject to a permit 
     sanction, under section 308 of the Magnuson Act (16 U.S.C. 
     1858).
       (c) Criminal Penalty.--Any person who commits an act that 
     is unlawful under paragraph (2), (3), (4), or (6) of 
     subsection (a) shall be guilty of an offense punishable
      under section 309(b) of the Magnuson Act (16 U.S.C. 
     1859(b)).
       (d) Civil Forfeitures.--
       (1) In general.--Any vessel (including its gear, furniture, 
     appurtenances, stores, and cargo) used in the commission of 
     an act that is unlawful under subsection (a), and any fish 
     (or the fair market value thereof) taken or retained, in any 
     manner, in connection with or as a result of the commission 
     of any act that is unlawful under subsection (a), shall be 
     subject to seizure and forfeiture as provided in section 310 
     of the Magnuson Act (16 U.S.C. 1860).
       (2) Disposal of fish.--Any fish seized pursuant to this 
     title may be disposed of pursuant to the order of a court of 
     competent jurisdiction or, if perishable, in a manner 
     prescribed by regulations issued by the Secretary.
       (e) Enforcement.--The Secretary and the Secretary of the 
     department in which the Coast Guard is operating shall 
     enforce the provisions of this title and shall have the 
     authority specified in sections 311(a), (b)(1), and (c) of 
     the Magnuson Act (16 U.S.C. 1861(a), (b)(1), and (c)) for 
     that purpose.

[[Page S9557]]

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

     SEC. 208. CONSULTATIVE COMMITTEE.

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

     SEC. 209. ADMINISTRATIVE MATTERS.

       (a) Prohibition on Compensation.--A person shall not 
     receive any compensation from the Government by reason of any 
     service of the person as--
       (1) a Commissioner, Alternate Commissioner, Representative, 
     or Alternative Representative;
       (2) an expert or adviser authorized under section 202(e); 
     or
       (3) a member of the consultative committee established by 
     section 208.
       (b) Travel and Expenses.--The Secretary of State shall, 
     subject to the availability of appropriations, pay all 
     necessary travel and other expenses of persons described in 
     subsection (a)(1) and of not more than six experts and 
     advisers authorized under section 202(e) with respect to 
     their actual performance of their official duties pursuant to 
     this title, in accordance with the Federal Travel Regulations 
     and sections 5701, 5702, 5704 through 5708, and 5731 of title 
     5, United States Code.
       (c) Status as Federal Employees.--A person shall not be 
     considered to be a Federal employee by reason of any service 
     of the person in a capacity described in subsection (a), 
     except for purposes of injury compensation and tort claims 
     liability under chapter 81 of title 5, United States Code, 
     and chapter 17 of title 28, United States Code, respectively.

     SEC. 210. DEFINITIONS.

       In this title the following definitions apply:
       (1) Authorized enforcement officer.--The term ``authorized 
     enforcement officer'' means a person authorized to enforce 
     this title, any regulation issued under this title, or any 
     measure that is legally binding on the United States under 
     the Convention.
       (2) Commissioner.--The term ``Commissioner'' means a United 
     States Commissioner to the Northwest Atlantic Fisheries 
     Organization appointed under section 202(a).
       (3) Convention.--The term ``Convention'' means the 
     Convention on Future Multilateral Cooperation in the 
     Northwest Atlantic Fisheries, done at Ottawa on October 24, 
     1978.
       (4) Fisheries commission.--The term ``Fisheries 
     Commission'' means the Fisheries Commission provided for by 
     Articles II, XI, XII, XIII, and XIV of the Convention.
       (5) General council.--The term ``General Council'' means 
     the General Council provided for by Article II, III, IV, and 
     V of the Convention.
       (6) Magnuson act.--The term ``Magnuson Act'' means the 
     Magnuson Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.).
       (7) Organization.--The term ``Organization'' means the 
     Northwest Atlantic Fisheries Organization provided for by 
     Article II of the Convention.
       (8) Person.--The term ``person'' means any individual 
     (whether or not a citizen or national of the United States), 
     and any corporation, partnership, association, or other 
     entity (whether or not organized or existing under the laws 
     of any State).
       (9) Representative.--The term ``Representative'' means a 
     United States Representative to the Northwest Atlantic 
     Fisheries Scientific Council appointed under section 202(c).
       (10) Scientific council.--The term ``Scientific Council'' 
     means the Scientific Council provided for by Articles II, VI, 
     VII, VIII, IX, and X of the Convention.
       (11) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.

     SEC. 211. AUTHORIZATION OF APPROPRIATIONS.

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

                TITLE III--ATLANTIC TUNAS CONVENTION ACT

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Atlantic Tunas Convention 
     Authorization Act of 1995''.
     SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

       (a) Report to Congress.--The Secretary of Commerce shall, 
     within 90 days after the date of enactment of this Act, 
     submit a report to the Committee on Commerce, Science, and 
     Transportation of the Senate and the Committee on Resources 
     of the House of Representatives--
       (1) identifying current governmental and nongovernmental 
     research and monitoring activities on Atlantic bluefin tuna 
     and other highly migratory species;
       (2) describing the personnel and budgetary resources 
     allocated to such activities; and
       (3) explaining how each activity contributes to the 
     conservation and management of Atlantic bluefin tuna and 
     other highly migratory species.
       (b) Research and Monitoring Program.--Section 3 of the Act 
     of September 4, 1980 (16 U.S.C. 971i) is amended--
       (1) by amending the section heading to read as follows:

     ``SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.'';

       (2) by striking the last sentence;
       (3) by inserting ``(a) Biennial Report on Bluefin Tuna.--'' 
     before ``The Secretary of Commerce shall''; and
       (4) by adding at the end the following:
       ``(b) Highly Migratory Species Research and Monitoring.--
       ``(1) Within 6 months after the date of enactment of the 
     Atlantic Tunas Convention Authorization Act of 1995, the 
     Secretary of Commerce, in cooperation with the advisory 
     committee established under section 4 of the Atlantic Tunas 
     Convention Act of 1975 (16 U.S.C. 971b) and in consultation 
     with the United States Commissioners on the International 
     Commission for the Conservation of Atlantic Tunas (referred 
     to elsewhere in this section as the `Commission') and the 
     Secretary of State, shall develop and implement a 
     comprehensive research and monitoring program to support the 
     conservation and management of Atlantic bluefin tuna and 
     other highly migratory species that shall--
       ``(A) identify and define the range of stocks of highly 
     migratory species in the Atlantic Ocean, including Atlantic 
     bluefin tuna; and
       ``(B) provide for appropriate participation by nations 
     which are members of the Commission.
       ``(2) The program shall provide for, but not be limited 
     to--
       ``(A) statistically designed cooperative tagging studies;
       ``(B) genetic and biochemical stock analyses;
       ``(C) population censuses carried out through aerial 
     surveys of fishing grounds and known migration areas;
       ``(D) adequate observer coverage and port sampling of 
     commercial and recreational fishing activity;
       ``(E) collection of comparable real-time data on commercial 
     and recreational catches and landings through the use of 
     permits, logbooks, landing reports for charter operations and 
     fishing tournaments, and programs to provide reliable 
     reporting of the catch by private anglers;
       ``(F) studies of the life history parameters of Atlantic 
     bluefin tuna and other highly migratory species;
       ``(G) integration of data from all sources and the 
     preparation of data bases to support management decisions; 
     and
       ``(H) other research as necessary.
       ``(3) In developing a program under this section, the 
     Secretary shall--
       ``(A) ensure that personnel and resources of each regional 
     research center shall have substantial participation in the 
     stock assessments and monitoring of highly migratory species 
     that occur in the region;
       ``(B) provide for comparable monitoring of all United 
     States fishermen to which the Atlantic Tunas Convention Act 
     applies with respect to effort and species composition of 
     catch and discards;
       ``(C) consult with relevant Federal and State agencies, 
     scientific and technical experts, commercial and recreational 
     fishermen, and other interested persons, public and private, 
     and shall publish a proposed plan in the Federal Register for 
     the purpose of receiving public comment on the plan; and
       ``(D) through the Secretary of State, encourage other 
     member nations to adopt a similar program.''.

     SEC. 303. DEFINITIONS.

       Section 2 of the Atlantic Tunas Convention Act of 1975 (16 
     U.S.C. 971) is amended--
       (1) by designating paragraphs (3) through (10) as (4) 
     through (110, respectively, and inserting after paragraph (2) 
     the following;
       ``(3) The term `conservation recommendation' means any 
     recommendation of the Commission made pursuant to article 
     VIII of the Convention and acted upon favorably by the 
     Secretary of State under section 5(a) of this Act.'';
       (2) by striking paragraph (5), as redesignated, and 
     inserting the following:
       ``(4) The term `exclusive economic zone' means an exclusive 
     economic zone as defined in section 3 of the Magnuson Fishery 
     Conservation and Management Act (16 U.S.C. 1802).''; and

[[Page S9558]]

       (3) by striking ``fisheries zone'' wherever it appears in 
     the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 et 
     seq.) and inserting ``exclusive economic zone''.

     SEC. 304. ADVISORY COMMITTEE PROCEDURES.

       Section 4 of the Atlantic Tunas Convention Act of 1975 (16 
     U.S.C. 971b) is amended--
       (1) by inserting ``(a)'' before ``There''; and
       (2) by adding at the end the following:
       ``(b)(1) A majority of the members of the advisory 
     committee shall constitute a quorum, but one or more such 
     members designated by the advisory committee may hold 
     meetings to provide for public participation and to discuss 
     measures relating to the United States implementation of 
     Commission recommendations.
       ``(2) The advisory committee shall elect a Chairman for a 
     2-year term from among its members.
       ``(3) The advisory committee shall meet at appropriate 
     times and places at least twice a year, at the call of the 
     Chairman or upon the request of the majority of its voting 
     members, the United States Commissioners, the Secretary, or 
     the Secretary of State. Meetings of the advisory committee, 
     except when in executive session, shall be open to the 
     public, and prior notice of meetings shall be made public in 
     a timely fashion.
       ``(4)(A) The Secretary shall provide to the advisory 
     committee in a timely manner such administrative and 
     technical support services as are necessary for the effective 
     functioning of the committee.
       ``(B) The Secretary and the Secretary of State shall 
     furnish the advisory committee with relevant information 
     concerning fisheries and international fishery agreements.
       ``(5) The advisory committee shall determine its 
     organization, and prescribe its practices and procedures for 
     carrying out its functions under this Act, the Magnuson 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.), and the Convention. The advisory committee shall 
     publish and make available to the public a statement of its 
     organization, practices, and procedures.
       ``(6) The advisory committee shall, to the maximum extent 
     practicable, consist of an equitable balance among the 
     various groups concerned with the fisheries covered by the 
     Convention and shall not be subject to the Federal Advisory 
     Committee Act (5 U.S.C. App.).''.

     SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVENTION.

       Section 6(c) of the Atlantic Tunas Convention Act of 1975 
     (16 U.S.C. 971d(c)) is amended--
       (1) by inserting ``and other measures'' after 
     ``regulations'' in the section caption;
       (2) by inserting ``or fishing mortality level'' after 
     ``quota of fish'' in the last sentence of paragraph (3); and
       (3) by inserting the following after paragraph (5):
       ``(6) Identification and notification.--
       ``(A) Not later than July 1, 1996, and annually thereafter, 
     the Secretary, in consultation with the Secretary of State, 
     the Commissioners, and the advisory committee, shall--
       ``(i) identify those nations whose fishing vessels are 
     fishing, or have fished during the preceding calendar year, 
     within the convention area in a manner or under circumstances 
     that diminish the effectiveness of a conservation 
     recommendation;
       ``(ii) notify the President and the nation so identified, 
     including an explanation of the reasons therefor; and
       ``(iii) publish a list of those Nations identified under 
     subparagraph (A).

     In identifying those Nations, the Secretary shall consider, 
     based on the best available information, whether those 
     Nations have measures in place for reporting, monitoring, and 
     enforcement, and whether those measures diminish the 
     effectiveness of any conservation recommendation.
       ``(7) Consultation.--Not later than 30 days after a Nation 
     is notified under paragraph (6), the President may enter into 
     consultations with the government of that Nation for the 
     purpose of obtaining an agreement that will--
       ``(A) effect the immediate termination and prevent the 
     resumption of any fishing operation by vessels of that Nation 
     within the Convention area which is conducted in a manner or 
     under circumstances that diminish the effectiveness of the 
     conservation recommendation;
       ``(B) when practicable, require actions by that Nation, or 
     vessels of that Nation, to mitigate the negative impacts of 
     fishing operations on the effectiveness of the conservation 
     recommendation involved, including but not limited to, the 
     imposition of subsequent-year deductions for quota overages; 
     and
       ``(C) result in the establishment, if necessary, by such 
     nation of reporting, monitoring, and enforcement measures 
     that are adequate to ensure the effectiveness of conservation 
     recommendations.''.
     SEC. 306. FINES AND PERMIT SANCTIONS.

       Section 7(e) of the Atlantic Tunas Convention Act of 1975 
     (16 U.S.C. 971(e)) is amended to read as follows:
       ``(e) The civil penalty and permit sanctions of section 308 
     of the Magnuson Fishery Conservation and Management Act (16 
     U.S.C. 1858) are hereby made applicable to violations of this 
     section as if they were violations of section 307 of that 
     Act.''.

     SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

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

                   ``AUTHORIZATION OF APPROPRIATIONS

       ``Sec. 10. There are authorized to be appropriated to carry 
     out this Act, including use for payment of the United States 
     share of the joint expenses of the Commission as provided in 
     article X of the Convention, the following sums:
       ``(1) For fiscal year 1995, $4,103,000, of which $50,000 
     are authorized in the aggregate for the advisory committee 
     established under section 4 and the species working groups 
     established under section 4A, and $2,890,000 are authorized 
     for research activities under this Act and the Act of 
     September 4, 1980 (16 U.S.C. 971i).
       ``(2) For fiscal year 1996, $5,453,000, of which $50,000 
     are authorized in the aggregate for such advisory committee 
     and such working groups, and $4,240,000 are authorized for 
     such research activities.
       ``(3) For fiscal year 1997, $5,465,000 of which $62,000 are 
     authorized in the aggregate for such advisory committee and 
     such working groups, and $4,240,000 are authorized for such 
     research activities.''.
       ``(4) For fiscal year 1998, $5,465,000 of which $75,000 are 
     authorized in the aggregate for such advisory committee and 
     such working groups, and $4,240,000 are authorized for such 
     research activities.''.

     SEC. 308. REPORT AND SAVINGS CLAUSE.

       The Atlantic Tuna Convention Act of 1975 (16 U.S.C. 971 et 
     seq.) is amended by adding at the end thereof the following:

     ``Sec. 11. Annual report

       ``Not later than April 1, 1996, and annually thereafter, 
     the Secretary shall prepare and transmit to the Committee on 
     Resources of the House of Representatives and the Committee 
     on Commerce, Science, and Transportation of the Senate a 
     report, that--
       ``(1) details for the previous 10-year period the catches 
     and exports to the United States of highly migratory species 
     (including tunas, swordfish, marlin and sharks) from nations 
     fishing on Atlantic stocks of such species that are subject 
     to management by the Commission;
       ``(2) identifies those fishing nations whose harvests are 
     inconsistent with conservation and management recommendations 
     of the Commission;
       ``(3) describes reporting requirements established by the 
     Secretary to ensure that imported fish products are in 
     compliance with all international management measures, 
     including minimum size requirements, established by the 
     Commission and other international fishery organizations to 
     which the United States is a party; and
       ``(4) describes actions taken by the Secretary under 
     section 6.

     ``Sec. 12. Savings clause

       ``Nothing in this Act shall have the effect of diminishing 
     the rights and obligations of any Nation under Article 
     VIII(3) of the Convention.''.

     SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.
       (a) Not later than 90 days after the date of the enactment 
     of this act, the Secretary of Commerce in accordance with 
     this section shall publish a preliminary determination of the 
     level of the United States recreational and commer
      cial catch of Atlantic yellowfin tuna on an annual basis 
     since 1980. The Secretary shall publish a preliminary 
     determination in the Federal Register for comment for a 
     period not to exceed 60 days. The Secretary shall publish 
     a final determination not later than 140 days from the 
     date of the enactment of this section.
       (b) Not later than July 1, 1996, the Secretary of Commerce 
     shall implement the recommendations of International 
     Commission for the Conservation of Atlantic Tunas regarding 
     yellowfin tuna made pursuant to article VIII of the 
     International Convention for the Conservation of Atlantic 
     Tunas and acted upon favorably by the Secretary of State 
     under section 5(a) of the Atlantic Tunas Convention Act of 
     1975 (16 U.S.C. 971c(a)).

     SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.

       Not later than 270 days after the date of enactment of this 
     Act, the Secretary of Commerce shall submit to the Committee 
     on Commerce, Science and Transportation of the Senate and to 
     the Committee on Resources of the House of Representatives a 
     report on the historic rationale, effectiveness, and 
     biological and economic efficiency of existing bluefin tuna 
     regulations for United States Atlantic fisheries. 
     Specifically, the biological rationale for each regional and 
     category allocation, including directed and incidental 
     categories, should be described in light of the average size, 
     age, and maturity of bluefin tuna caught in each fishery and 
     the effect of this harvest on stock rebuilding and 
     sustainable yield. The report should examine the history and 
     evaluate the level of wasteful discarding, and evaluate the 
     effectiveness of non-quota regulations at constraining 
     harvests within regions. Further, comments should be provided 
     on levels of participation in specific fisheries in terms of 
     vessels and trips, enforcement implications, and the 
     importance of monitoring information provided by these 
     allocations on the precision of the stock assessment 
     estimates.

     SEC. 311. SENSE OF THE CONGRESS WITH RESPECT TO ICCAT 
                   NEGOTIATIONS.

       (a) Sharing of Conservation Burden.--It is the sense of the 
     Congress that in future negotiations of the International 
     Commission for the Conservation of Atlantic Tunas (hereafter 
     in this section referred to as ``ICATT''), the Secretary of 
     Commerce shall 

[[Page S9559]]
     ensure that the conservation actions recommended by international 
     commissions and implemented by the Secretary for United 
     States commercial and recreational fishermen provide fair and 
     equitable sharing of the conservation burden among all 
     contracting harvesters in negotiations with those 
     commissions.
       (b) Enforcement Provisions.--It is further the sense of the 
     Congress that, during 1995 ICCAT negotiations on swordfish 
     and other Highly Migratory Species managed by ICCAT, the 
     Congress encourages the United States Commissioners to add 
     enforcement provisions similar to those applicable to bluefin 
     tuna.
       (c) Enhanced Monitoring.--It is further the sense of the 
     Congress that the National Oceanic and Atmospheric 
     Administration and the United States Customs Service should 
     enhance monitoring activities to ascertain what specific 
     stocks are being imported into the United States and the 
     country of origin.
       (d) Multilateral Enforcement Process.--It is further the 
     sense of the Congress that the United States Commissioners 
     should pursue as a priority the establishment and 
     implementation prior to December 31, 1996, an effective 
     multilateral process that will enable ICCAT nations to 
     enforce the conservation recommendations of the Commission.

                  TITLE IV--FISHERMEN'S PROTECTIVE ACT

     SEC. 401. FINDINGS.

       The Congress finds that--
       (1) customary international law and the United Nations 
     Convention on the Law of the Sea guarantee the right of 
     passage, including innocent passage, to vessels through the 
     waters commonly referred to as the ``Inside Passage'' off the 
     Pacific Coast of Canada;
       (2) in 1994 Canada required all commercial fishing vessels 
     of the United States to pay 1,500 Canadian dollars to obtain 
     a ``license which authorizes transit'' through the Inside 
     Passage;
       (3) this action was inconsistent with international law, 
     including the United Nations Convention on the Law of the 
     Sea, and, in particular, Article 26 of that Convention, which 
     specifically prohibits such fees, and threatened the safety 
     of United States commercial fishermen who sought to avoid the 
     fee by traveling in less protected waters;
       (4) the Fishermen's Protective Act of 1967 provides for the 
     reimbursement of vessel owners who are forced to pay a 
     license fee to secure the release of a vessel which has been 
     seized, but does not permit reimbursement of a fee paid by 
     the owner in advance in order to prevent a seizure;
       (5) Canada required that the license fee be paid in person 
     in 2 ports on the Pacific Coast of Canada, or in advance by 
     mail;
       (6) significant expense and delay was incurred by 
     commercial fishing vessels of the United States that had to 
     travel from the point of seizure back to one of those ports 
     in order to pay the license fee required by Canada, and the 
     costs of that travel and delay cannot be reimbursed under the 
     Fishermen's Protective Act;
       (7) the Fishermen's Protective Act of 1967 should be 
     amended to permit vessel owners to be reimbursed for fees 
     required by a foreign government to be paid in advance in 
     order to navigate in the waters of that foreign country if 
     the United States considers that fee to be inconsistent with 
     international law;
       (8) the Secretary of State should seek to recover from 
     Canada any amounts paid by the United States to reimburse 
     vessel owners who paid the transit license fee;
       (9) the United States should review its current policy with 
     respect to anchorage by commercial fishing vessels of Canada 
     in waters of the United States off Alaska, including waters 
     in and near the Dixon Entrance, and should accord such 
     vessels the same treatment that commercial fishing vessels of 
     the United States are accorded for anchorage in the waters of 
     Canada off British Columbia;
       (10) the President should ensure that, consistent with 
     international law, the United States Coast Guard has 
     available adequate resources in the Pacific Northwest and 
     Alaska to provide for the safety of United States citizens, 
     the enforcement of United States law, and to protect the 
     rights of the United States and keep the peace among vessels 
     operating in disputed waters;
       (11) the President should continue to review all agreements 
     between the United States and Canada to identify other 
     actions that may be taken to convince Canada that any 
     reinstatement of the transit license fee would be against 
     Canada's long-term interests, and should immediately 
     implement any actions which the President deems appropriate 
     if Canada reinstates the fee;
       (12) the President should continue to convey to Canada in 
     the strongest terms that the United States will not now, nor 
     at any time in the future, tolerate any action by Canada 
     which would impede or otherwise restrict the right of passage 
     of vessels of the United States in a manner inconsistent with 
     international law; and
       (13) the United States should continue its efforts to seek 
     expeditious agreement with Canada on appropriate fishery 
     conservation and management measures that can be implemented 
     through the Pacific Salmon Treaty to address issues of mutual 
     concern.
     SEC. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 
                   1967.

       (a) The Fishermen's Protective Act 1967 (22 U.S.C. 1971 et 
     seq.) is amended by adding at the end the following new 
     section:
       ``Sec. 11. (a) In any case on or after June 15, 1994, in 
     which a vessel of the United States exercising its right of 
     passage is charged a fee by the government of a foreign 
     country to engage in transit passage between points in the 
     United States (including a point in the exclusive economic 
     zone or in an area over which jurisdiction is in dispute), 
     and such fee is regarded by the United States as being 
     inconsistent with international law, the Secretary of State 
     shall, subject to the availability of appropriated funds, 
     reimburse the vessel owner for the amount of any such fee 
     paid under protest.
       ``(b) In seeking such reimbursement, the vessel owner shall 
     provide, together with such other information as the 
     Secretary of State may require--
       ``(1) a copy of the receipt for payment;
       ``(2) an affidavit attesting that the owner or the owner's 
     agent paid the fee under protest; and
       ``(3) a copy of the vessel's certificate of documentation.
       ``(c) Requests for reimbursement shall be made to the 
     Secretary of State within 120 days after the date of payment 
     of the fee, or within 90 days after the date of enactment of 
     this section, whichever is later.
       ``(d) Such funds as may be necessary to meet the 
     requirements of this section may be made available from the 
     unobligated balance of previously appropriated funds 
     remaining in the Fishermen's Protective Fund established 
     under section 9. To the extent that requests for 
     reimbursement under this section exceed such funds, there are 
     authorized to be appropriated such sums as may be needed for 
     reimbursements authorized under subsection (a), which shall 
     be deposited in the Fishermen's Protective Fund established 
     under section 9.
       ``(e) The Secretary of State shall take such action as the 
     Secretary deems appropriate to make and collect claims 
     against the foreign country imposing such fee for any amounts 
     reimbursed under this section.
       ``(f) For purposes of this section, the term `owner' 
     includes any charterer of a vessel of the United States.''.
       (b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 
     et seq.) is further amended by adding at the end the 
     following:
       ``Sec. 12. (a) If the Secretary of State finds that the 
     government of any nation imposes conditions on the operation 
     or transit of United States fishing vessels which the United 
     States regards as being inconsistent with international law 
     or an international agreement, the Secretary of State shall 
     certify that fact to the President.
       ``(b) Upon receipt of a certification under subsection (a), 
     the President shall direct the heads of Federal agencies to 
     impose similar conditions on the operation or transit of 
     fishing vessels registered under the laws of the nation which 
     has imposed conditions on United States fishing vessels.
       ``(c) For the purposes of this section, the term `fishing 
     vessel' has the meaning given that term in section 2101(11a) 
     of title 46, United States Code.
       ``(d) It is the sense of the Congress that any action taken 
     by any Federal agency under subsection (b) should be 
     commensurate with any conditions certified by the Secretary 
     of State under subsection (a).''.
       (c) Notwithstanding any other provision of law, the 
     Secretary of State shall reimburse the owner of any vessel of 
     the United States for costs incurred due to the seizure of 
     such vessel in 1994 by Canada on the basis of a claim to 
     jurisdiction over sedentary species which was not recognized 
     by the United States at the time of such seizure. Any such 
     reimbursable under section 3 of the Fishermen's Protective 
     Act of 1967 (22 U.S.C. 1973), legal fees and travel costs 
     incurred by the owner of any such vessel that
      were necessary to secure the prompt release of the vessel 
     and crew. Total reimbursements under this subsection may 
     not exceed $25,000 and may be made available from the 
     unobligated balances of previously appropriated funds 
     remaining in the Fishermen's Protective Fund established 
     under section 9 of the Fishermen's Protective Act (22 
     U.S.C. 1979).

     SEC. 403. Reauthorization.

       (a) Section 7(c) of the Fishermen's Protective Act of 1967 
     (22 U.S.C. 1977(c)) is amended by striking the third 
     sentence.
       (b) Section 7(e) of the Fishermen's Protective Act of 1967 
     (22 U.S.C. 1977(e)) is amended by striking ``October 1, 
     1993'' and inserting ``October 1, 2000''.

     SEC. 404. TECHNICAL CORRECTIONS.

       (a)(1) Section 15(a) of Public Law 103-238 is amended by 
     striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
       (2) The amendment made by paragraph (1) shall be effective 
     on and after April 30, 1994.
       (b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C. 
     5002(13)(C)) is amended to read as follows:
       ``(C) any vessel supporting a vessel described in 
     subparagraph (A) or (B).''.

        TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``Sea of Okhotsk Fisheries 
     Enforcement Act of 1995''.

     SEC. 502. FISHING PROHIBITION.

       (a) Addition of Central Sea of Okhotsk.--Section 302 of the 
     Central Bering Sea Fisheries Enforcement Act of 1992 (16 
     U.S.C. 1823 note) is amended by inserting ``and the Central 
     Sea of Okhotsk'' after ``Central Bering Sea''.

[[Page S9560]]

       (b) Definition.--Section 306 of such Act is amended--
       (1) by redesignating paragraphs (2), (3), (4), (5), and (6) 
     as paragraphs (3), (4), (5), (6), and (7), respectively; and
       (2) by inserting after paragraph (1) the following:
       ``(2) Central Sea of Okhotsk.--The term `Central Sea of 
     Okhotsk' means the central Sea of Okhotsk area which is more 
     than two hundred nautical miles seaward of the baseline from 
     which the breadth of the territorial sea of the Russian 
     Federation is measured.''.

                     TITLE VI--DRIFTNET MORATORIUM

     SEC. 601. SHORT TITLE.

       This title may be cited as the ``High Seas Driftnet Fishing 
     Moratorium Protection Act''.

     SEC. 602. FINDINGS.

       The Congress finds that--
       (1) Congress has enacted and the President has signed into 
     law numerous Acts to control or prohibit large-scale driftnet 
     fishing both within the jurisdiction of the United States and 
     beyond the exclusion economic zone of any nation, including 
     the Driftnet Impacting Monitoring, Assessment, and Control 
     Act of 1987 (Title IV, P.L. 100-220), the Driftnet Act 
     Amendments of 1990 (P.L. 101-627), and the High Seas Driftnet 
     Fisheries Enforcement Act (Title I, P.L. 102-582);
       (2) the United States is a party to the Convention for the 
     Prohibition of Fishing with Long Driftnets in the South 
     Pacific, also known as the Wellington Convention;
       (3) the General Assembly of the United Nations has adopted 
     three resolutions and three decisions which established and 
     reaffirm a global moratorium on large-scale driftnet fishing 
     on the high seas, beginning
      with Resolution 44/225 in 1989 and most recently in Decision 
     48/445 in 1993;
       (4) the General Assembly of the United Nations adopted 
     these resolutions and decisions at the request of the United 
     States and other concerned nations;
       (5) the best scientific information demonstrates the 
     wastefulness and potentially destructive impacts of large-
     scale driftnet fishing on living marine resources and 
     seabirds; and
       (6) Resolution 46/215 of the United Nations General 
     Assembly calls on all nations, both individually and 
     collectively, to prevent large-scale driftnet fishing on the 
     high seas.

     SEC. 603. PROHIBITION.

       The United States, or any agency or official acting on 
     behalf of the United States, may not enter into any 
     international agreement with respect to the conservation and 
     management of living marine resources or the use of the high 
     seas by fishing vessels that would prevent full 
     implementation of the global moratorium on large-scale 
     driftnet fishing on the high seas, as such moratorium is 
     expressed in Resolution 46/215 of the United Nations General 
     Assembly.

     SEC. 604. NEGOTIATIONS.

       The Secretary of State, on behalf of the United States, 
     shall seek to enhance the implementation and effectiveness of 
     the United Nations General Assembly resolutions and decisions 
     regarding the moratorium on large-scale driftnet fishing on 
     the high seas through appropriate international agreements 
     and organizations.

     SEC. 605. CERTIFICATION.

       The Secretary of State shall determine in writing prior to 
     the signing or provisional application by the United States 
     of any international agreement with respect to the 
     conservation and management of living marine resources or the 
     use of the high seas by fishing vessels that the prohibition 
     contained in section 603 will not be violated if such 
     agreement is signed or provisionally applied.

     SEC. 606. ENFORCEMENT.

       The President shall utilize appropriate assets of the 
     Department of Defense, the United States Coast Guard, and 
     other Federal agencies to detect, monitor, and prevent 
     violations of the United Nations moratorium on large-scale 
     driftnet fishing on the high seas for all fisheries under the 
     jurisdiction of the United States and, in the case of 
     fisheries not under the jurisdiction of the United States, to 
     the fullest extent permitted under international law.

                   TITLE VII--YUKON RIVER SALMON ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Yukon River Salmon Act of 
     1995''.

     SEC. 702. PURPOSES.

       It is the purpose of this title--
       (1) to implement the interim agreement for the conservation 
     of salmon stocks originating from the Yukon River in Canada 
     agreed to through an exchange of notes between the Government 
     of United States and the Government of Canada on February 3, 
     1995:
       (2) to provide for representation by the United States on 
     the Yukon River Panel established under such agreement; and
       (3) to authorize to be appropriated sums necessary to carry 
     out the responsibilities of the United States under such 
     agreement.

     SEC. 703. DEFINITIONS.

       As used in this title--
       (1) The term ``Agreement'' means the interim agreement for 
     the conservation of salmon stocks originating from the Yukon 
     River in Canada agreed to through an exchange of notes 
     between the Government
      of the United States and the Government of Canada on 
     February 3, 1995.
       (2) The term ``Panel'' means the Yukon River Panel 
     established by the Agreement.
       (3) The term ``Yukon River Joint Technical Committee'' 
     means the technical committee established by paragraph C.2 of 
     the Memorandum of Understanding concerning the Pacific Salmon 
     Treaty between the Government of the United States and the 
     Government of Canada recorded January 28, 1985.

     SEC. 704. PANEL.

       (a) Representation.--The United States shall be represented 
     on the Panel by six individuals, of whom--
       (1) one shall be an official of the United States 
     Government with expertise in salmon conservation and 
     management;
       (2) one shall be an official of the State of Alaska with 
     expertise in salmon conservation and management; and
       (3) four shall be knowledgeable and experienced with regard 
     to the salmon fisheries on the Yukon River.
       (b) Appointments.--Panel members shall be appointed as 
     follows:
       (1) The Panel member described in subsection (a)(1) shall 
     be appointed by the Secretary of State.
       (2) The Panel member described in subsection (a)(2) shall 
     be appointed by the Governor of Alaska.
       (3) The Panel members described in subsection (a)(3) shall 
     be appointed by the Secretary of State from a list of at 
     least 3 individuals nominated for each position by the 
     Governor of Alaska. The Governor of Alaska may consider 
     suggestions for nominations provided by organizations with 
     expertise in Yukon River salmon fisheries. The Governor of 
     Alaska may make appropriate nominations to allow for, and the 
     Secretary of State shall appoint, at least one member use 
     subsection (a)(3) who is qualified to represent the interests 
     of Lower Yukon River fishing districts, and at least one 
     member who is qualified to represent the interests of Upper 
     Yukon River fishing district. At least one of the Panel 
     members under subsection (a)(3) shall be an Alaska Native.
       (c) Alternates.--The Secretary of State may designate an 
     alternate Panel member for each Panel member the Secretary 
     appoints under subsections (b)(1) and (3), who meets the same 
     qualifications, to serve in the absence of the Panel member. 
     The Governor of the State of Alaska may designate an 
     alternative Panel member for the Panel member appointed under 
     subsection (b)(2), who meets the same qualifications, to 
     serve in the absence of that Panel member.
       (d) Term Length.--Panel members and alternate Panel members 
     shall serve four-year terms. Any individual appointed to fill 
     a vacancy occurring before the expiration of any term shall 
     be appointed for the remainder of that term.
       (e) Reappointment.--Panel members and alternate Panel 
     members shall be eligible for reappointment.
       (f) Decisions.--Decisions by the United States section of 
     the Panel shall be made by the consensus of the Panel members 
     appointed under paragraphs (2) and (3) of subsection (a).
       (g) Consultation.--In carrying out their functions under 
     the Agreement, Panel members may consult with such other 
     interested parties as they consider appropriate.

     SEC. 705. ADVISORY COMMITTEE.

       (a) Appointments.--The Governor of Alaska may appoint an 
     Advisory Committee of not less than eight, but not more than 
     twelve, individuals who are knowledgeable and experienced 
     with regard to the salmon fisheries on the Yukon River. At 
     least 2 of the Advisory Committee members shall be Alaska 
     Natives. Members of the Advisory Committee may attend all 
     meetings of the United States
      section of the Panel, and shall be given the opportunity to 
     examine and be heard on any matter under consideration by 
     the United States section of the Panel.
       (b) Compensation.--The members of such advisory committee 
     shall receive no compensation for their services.
       (c) Term Length.--Advisory Committee members shall serve 
     two-year terms. Any individual appointed to fill a vacancy 
     occurring before the expiration of any term shall be 
     appointed for the remainder of that term.
       (d) Reappointment.--Advisory Committee members shall be 
     eligible for reappointment.

     SEC. 706. EXEMPTION.

       The Federal Advisory Committee Act (5 U.S.C. App.) shall 
     not apply to the Panel, the Yukon River Joint Technical 
     Committee, or the Advisory Committee created under section 
     705 of this title.

     SEC. 707. AUTHORITY AND RESPONSIBILITY.

       (A) Responsible Management Entity.--The State of Alaska 
     Department of Fish and Game shall be the responsible 
     management entity for the United States for the purposes of 
     the Agreement.
       (b) Effect of Designation.--The designation under 
     subsection (a) shall not be considered to expand, diminish, 
     or change the management authority of the State of Alaska or 
     the Federal government with respect to fishery resources.
       (c) Recommendations of Panel.--In addition to 
     recommendations made by the Panel to the responsible 
     management entities in accordance with the Agreement, the 
     Panel may make recommendations concerning the conservation 
     and management of salmon originating in the Yukon River to 
     the Department of Interior, Department of Commerce, 
     Department of State, North Pacific Fishery Management 
     Council, and other Federal or State entities as appropriate. 
     Recommendations by the Panel shall be advisory in nature.

     SEC. 708. CONTINUATION OF AGREEMENT.

       In the event that the Treaty between Canada and the United 
     States of America concerning Pacific Salmon, signed at 
     Ottawa, 

[[Page S9561]]
     January 28, 1985, terminates prior to the termination of the Agreement, 
     and the functions of the Panel are assumed by the ``Yukon 
     River Salmon Commission'' referenced in the Agreement, the 
     provisions of this title which apply to the Panel shall 
     thereafter apply to the Yukon River Salmon Commission, and 
     the other provisions of this title shall remain in effect.

     SEC. 709. ADMINISTRATIVE MATTERS.

       (a) Panel members and alternate Panel members who are not 
     State or Federal employees shall receive compensation at the 
     daily rate of GS-15 of the General Schedule when engaged in 
     the actual performance of duties.
       (b) Travel and other necessary expenses shall be paid for 
     all Panel members, alternate Panel members, United States 
     members of the Joint Technical Committee, and members of the 
     Advisory Committee when engaged in the actual performance of 
     duties.
       (c) Except for officials of the United States Government, 
     individuals described in subsection (b) shall not be 
     considered to be Federal employees while engaged in the 
     actual performance of duties, except for the purposes of 
     injury compensation or tort claims liability as provided in 
     chapter 81 of title 5, United States Code, and chapter 71 of 
     title 28, United States Code.

     SEC. 710. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $4,000,000 for each 
     fiscal year for carrying out the purposes and provisions of 
     the Agreement and this title including--
       (1) necessary travel expenses of Panel members, alternate 
     Panel members, United States members of the Joint Technical 
     Committee, and members of the Advisory Committee in 
     accordance with Federal Travel Regulations and sections 5701, 
     5702, 5704 through 5708, and 5731 of title 5, United States 
     Code;
       (2) the United States share of the joint expenses of the 
     Panel and the Joint Technical Committee, provided that Panel 
     members and alternate Panel members shall not, with respect 
     to commitments concerning the United States share of the 
     joint expenses, be subject to section 262(b) of title 22, 
     United States Code, insofar as it limits the authority of 
     United States representatives to international organizations 
     with respect to such commitments;
       (3) not more than $3,000,000 for each fiscal year to the 
     Department of the Interior and to the Department of Commerce 
     for survey, restoration, and enhancement activities related 
     to Yukon River salmon; and
       (4) $400,000 in each of fiscal years 1996, 1997, 1998, and 
     1999 to be contributed to the Yukon River Restoration and 
     Enhancement Fund and used in accordance with the Agreement.

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

       Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 
     973g) is amended by adding at the end thereof the following:
       ``(h) Notwithstanding the requirements of--
       ``(1) section 1 of the Act of August 26, 1983 (97 Stat. 
     587; 46 U.S.C. 12108);
       ``(2) the general permit issued on December 1, 1980, to the 
     American Tunaboat Association under section 104(h)(1) of the 
     Marine Mammal Protection Act (16 U.S.C. 1374(h)(1)); and
       ``(3) sections 104(h)(2) and 306(a) of the Marine Mammal 
     Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))--
     any vessel documented under the laws of the United States as 
     of the date of enactment of the Fisheries Act of 1995 for 
     which a license has been issued under subsection (a) may fish 
     for tuna in the Treaty Area, including those waters subject 
     to the jurisdiction of the United States in accordance with 
     international law, subject to the provisions of the treaty 
     and this Act, provided that no such vessel fishing in the 
     Treaty Area intentionally deploys a purse seine net to 
     encircle any dolphin or other marine mammal in the course of 
     fishing under the provisions of the Treaty or this Act.''.

     SEC. 802. FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC 
                   MACKEREL.

       Notwithstanding any other provision of law--
       (1) no allocation may be made to any foreign nation or 
     vessel under section 201 of the Magnuson Fishery Conservation 
     and Management Act (16 U.S.C. 1801 et seq.) in any fishery 
     for which there is not a fishery management plan implemented 
     in accordance with that Act; and
       (2) the Secretary of Commerce may not approve the portion 
     of any permit application submitted under section 204(b) of 
     the Act which proposes fishing by a foreign vessel for 
     Atlantic mackerel or Atlantic herring unless--
       (A) the appropriate regional fishery management council 
     recommends under section 204(b)(5) of that Act that the 
     Secretary approve such fishing, and
       (B) the Secretary of Commerce includes in the permit any 
     conditions or restrictions recommended by the appropriate 
     regional fishery management council with respect to such 
     fishing.
     

                          ____________________