[Senate Report 104-91]
[From the U.S. Government Publishing Office]




   104th Congress 1st            SENATE                 Report
         Session
                                                        104-91
_______________________________________________________________________

                                     

                                                       Calendar No. 119

                         FISHERIES ACT OF 1995

                               __________

                              R E P O R T

                                 OF THE

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 267



                                     

     May 26 (legislative day, May 15), 1995.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                      one hundred fourth congress
                             first session

  LARRY PRESSLER, South Dakota, 
             Chairman
                                     BOB PACKWOOD, Oregon
                                     TED STEVENS, Alaska
                                     JOHN McCAIN, Arizona
                                     CONRAD BURNS, Montana
                                     SLADE GORTON, Washington
                                     TRENT LOTT, Mississippi
                                     KAY BAILEY HUTCHISON, Texas
                                     OLYMPIA SNOWE, Maine
ERNEST F. HOLLINGS, South Carolina   JOHN ASHCROFT, Missouri
DANIEL K. INOUYE, Hawaii
WENDELL H. FORD, Kentucky
J. JAMES EXON, Nebraska
JOHN D. ROCKEFELLER IV, West Virginia
JOHN F. KERRY, Massachusetts
JOHN B. BREAUX, Louisiana
RICHARD H. BRYAN, Nevada
BYRON L. DORGAN, North Dakota
  Patric G. Link, Chief of Staff
Kevin G. Curtin, Democratic Chief 
    Counsel and Staff Director
                                                       Calendar No. 119
104th Congress                                                   Report
                                 SENATE

 1st Session                                                     104-91
_______________________________________________________________________


 
                         FISHERIES ACT OF 1995

                                _______


     May 26 (legislative day, May 15), 1995.--Ordered to be printed

_______________________________________________________________________


      Mr. Pressler, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 267]
    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 267) TITLE deg. ``A 
Bill to establish a system of licensing, reporting, and 
regulation for vessels of the United States fishing on the high 
seas, and for other purposes'', having considered the same, 
reports favorably thereon without deg. with amendments 
and recommends that the bill as amended joint 
resolution deg. do pass.

                          Purpose of the Bill

  S. 267, the Fisheries Act of 1995, implements a number of 
measures that would strengthen international fishery 
conservation and management. Among other objectives, it would: 
(1) implement an international agreement requiring vessels 
fishing on the high seas to be licensed; (2) implement an 
international agreement to conserve and manage northwest 
Atlantic fisheries; (3) reauthorize and strengthen the Atlantic 
Tunas Convention Act of 1975; (4) amend and reauthorize the 
Fishermen's Protective Act of 1967 to allow the Secretary of 
State to reimburse U.S. fishermen for certain foreign transit 
fees; (5) amend the Central Bering Sea Fisheries Enforcement 
Act of 1992 to protect fishery resources in the Sea of Okhotsk; 
(6) prohibit the United States from entering into international 
fisheries agreements which weaken the United Nations' 
moratorium on driftnet fishing; and (7) provide Congressional 
approval of a governing international fishery agreement with 
Estonia.

                          Background and Needs

High Seas Fisheries Licensing Agreement
  On November 24, 1993, the United Nations (U.N.) Food and 
Agriculture Organization (FAO) adopted by consensus an 
international agreement entitled the Agreement to Promote 
Compliance with International Conservation and Management 
Measures by Fishing Vessels on the High Seas (FAO Agreement). 
The FAO Agreement was negotiated largely at the initiative of 
the United States in response to the fisheries crises that have 
arisen in many corners of the world. As the size and efficiency 
of modern fleets has come to exceed the productivity of their 
traditional coastal harvesting areas, fishery managers of 
coastal nations generally have reacted by imposing stricter 
management regimes. As a result, some of the excess capacity 
has been displaced, and some vessels have sought fishing 
opportunities in distant waters or on the high seas.
  In September 1992, at an FAO technical conference on high 
seas fishing, the U.S. delegation proposed that a treaty be 
prepared under FAO auspices to address one problem plaguing 
efforts to manage fisheries on the high seas. The concern was 
that vessels belonging to a member nation of a regional 
fisheries organization would reflag to a non-member nation, 
with the purpose of continuing to fish in the management area 
unconstrained by rules set by the organization and its members. 
For example, the effectiveness of the International Commission 
for the Conservation of Atlantic Tunas (ICCAT) has been 
undermined by vessels registered and reflagged in nations that 
are not ICCAT members. Flying ``flags of convenience,'' these 
vessels then fish for tuna in the North Atlantic in defiance of 
ICCAT rules.
  The FAO technical conference recommended that a reflagging 
agreement be developed as quickly as possible as part of an 
International Code of Conduct for Responsible Fishing. In 
February 1993, a group of experts was convened to help prepare 
the first draft, and, after several negotiating sessions, the 
FAO conference adopted the final text of the treaty in November 
1993. On April 15, 1994, the President transmitted the FAO 
Agreement to the Senate for advice and consent. The Senate 
approved the FAO Agreement on October 7, 1994.
  Although the FAO Agreement has been popularly referred to as 
the ``flagging agreement,'' it does not deal directly with the 
flagging of fishing vessels, in part because FAO negotiators 
did not wish to deter legitimate transfers of vessel registries 
or flags. The primary tenet of the FAO Agreement is the 
obligation of a nation to require specific authorization to 
fish on the high seas for vessels carrying its flag. The nation 
is also responsible for ensuring that its authorized vessels do 
not undermine conservation and management measures that have 
been adopted by global or regional fishery management 
organizations.
  The United States has vessels fishing on the high seas in 
many parts of the world, but to date has no general law 
governing such fishing. S. 267 would provide that statutory 
authority, establishing a system of licensing, reporting, and 
regulation for the U.S. vessels fishing on the high seas.
Northwest Atlantic Fisheries Organization
  Fishermen have harvested cod and other species from the 
northwest Atlantic Ocean for over 300 years. In 1949, 
recognizing signs of over-exploitation, 11 nations fishing in 
the region signed a convention forming the International 
Commission for the Northwest Atlantic Fisheries (ICNAF). Both 
the United States and Canada were members of ICNAF, which 
became responsible for assessing and conserving northwest 
Atlantic fishery resources. In 1976, however, the Magnuson 
Fishery Conservation and Management Act (Magnuson Act) 
established a domestic regime for U.S. fisheries within the 
200-mile exclusive economic zone (EEZ). The United States 
subsequently determined that the ICNAF convention was 
inconsistent with this new fishery law, and withdrew 
membership.
  After withdrawing from ICNAF, the United States participated 
in the negotiation of another multilateral fisheries agreement 
for the northwest Atlantic which was consistent with the 
Magnuson Act. This agreement, the Convention on Future 
Multilateral Cooperation in the Northwest Atlantic Fisheries 
(NAFO Convention), was concluded at Ottawa, Canada, in 1978. 
The NAFO convention applies to fishing activities outside the 
EEZ, and replaces ICNAF with the Northwest Atlantic Fisheries 
Organization (NAFO). In 1979, President Carter submitted the 
convention to the Senate for its advice and consent. Although 
the Senate gave its advice and consent in 1983, implementing 
legislation was not enacted, and the United States never 
deposited the instrument of ratification.
  The NAFO regulatory area stretches offshore from the northern 
edge of Baffin Bay to Cape Hatteras, North Carolina. The 
eastern boundary of the NAFO area is the 42nd meridian running 
through the southern tip of Greenland. Concentrations of fish 
generally are much lower in the NAFO area than within the 
adjoining 200-mile zones of Canada and the United States. 
However, fish densities are higher in the Flemish Cap area east 
of St. John and in the ``nose'' and ``tail'' of the Grand Banks 
which lie more than 200 miles offshore. Major species managed 
under the NAFO authority include Illex squid, redfish, capelin, 
American plaice, Atlantic cod, yellowtail flounder, and witch 
flounder. NAFO does not manage salmon, tunas, marlins, or 
swordfish.
  In 1984, the World Court's Georges Bank U.S.-Canada boundary 
decision displaced U.S. fishermen from traditional fishing 
grounds by declaring them Canadian waters. Subsequently, some 
larger U.S. vessels shifted their effort to the nose and tail 
of the Grand Banks, which is in the NAFO area beyond the 
Canadian EEZ. At the time these vessels were concerned that 
their operations would be restricted by NAFO guidelines and 
regulations, and there was opposition to U.S. participation in 
the organization. Now, the U.S. fishing effort in the NAFO area 
has decreased, and the opposition of New England fishermen has 
waned. S. 267 would provide statutory authority for U.S. 
implementation of the NAFO Convention.
Atlantic Tunas Convention Act reauthorization
  Certain marine fish species--including tunas, swordfish, 
marlins, sailfishes, and pelagic sharks--migrate through broad 
oceanic expanses and traverse the coastal waters of many 
nations. Of these ``highly migratory species,'' tuna stocks in 
particular support major fisheries and are among the most 
highly valued of marine resources. Due to the transboundary 
nomadic nature of the fish, effective efforts to conserve and 
manage highly migratory species require international 
cooperation and coordination.
  ICCAT provides for international management of tuna fisheries 
in the Atlantic Ocean and in the Mediterranean Sea. Established 
under an international convention in 1966, the objective of 
ICCAT is to recommend measures for maintaining harvests of tuna 
and other highly migratory species. The Atlantic Tunas 
Convention Act provides domestic regulatory and administrative 
mechanisms for U.S. compliance with ICCAT. The Act calls for 
appointment of three U.S. Commissioners and establishment of an 
advisory committee. Under the Act, the Secretary of Commerce 
(Secretary) promulgates regulations necessary to implement 
ICCAT recommendations. Such regulations have provided for 
establishment of fishing seasons, quotas, minimum sizes, closed 
areas, gear restrictions, enforcement procedures, and licensing 
and reporting requirements.
  The Atlantic bluefin tuna is among the largest of the tunas 
(up to 1500 pounds) managed under ICCAT. The species supports 
both commercial and recreational fisheries in the United 
States. In 1993, the U.S. commercial industry landed over 3.5 
million pounds of bluefin tuna, valued at almost $22 million. 
In addition, the fishery generates significant revenues for 
supporting industries and businesses.
  Due to declines in the Atlantic bluefin tuna population, 
regulatory measures were recommended by ICCAT in 1974. For 
management purposes, ICCAT adopted a two-stock hypothesis, 
using a line drawn at 45 degrees west longitude, thereby 
dividing the Atlantic bluefin tuna population into western and 
eastern stocks. This decision resulted in American fishermen 
being subject to separate and more restrictive catch limits 
than European fishermen.
  In 1982 and 1983, concern over the low abundance levels of 
small bluefin tuna in the western Atlantic led to additional 
catch restrictions. By contrast, harvests in the eastern 
Atlantic and Mediterranean continued unchecked, almost doubling 
between 1981 and 1992. In 1992, western Atlantic catches 
represented about 7.5% of the Atlantic bluefin tuna landings. 
This stands in sharp contrast to the western Atlantic's 29% 
share of landings in the late 1970s and early 1980s.
  Over the years, many U.S. fishing groups continued to press 
for a new scientific investigation of the stock structure of 
Atlantic bluefin tuna. In 1994, a National Research Council 
(NRC) report, ``An Assessment of Atlantic Bluefin Tuna,'' 
concluded that available scientific evidence was consistent 
with a single stock, two spawning area hypothesis and 
recommended that a new Atlantic bluefin stock assessment be 
carried out. S. 267 would extend the Atlantic Tunas Convention 
Act and establish a research program to resolve such stock 
assessment questions.

Fishermen's Protective Act amendments

  The negotiation of fishing arrangements under the U.S.-
Canadian Pacific Salmon Treaty has been an issue of growing 
controversy in recent years. Last year, tension among U.S. 
fishermen escalated sharply with the Canadian announcement that 
an $1100 ``transit fee'' ($1500 in Canadian dollars) would be 
imposed on each U.S. commercial fishing vessel transiting 
Canadian waters off British Columbia between Alaska and the 
Pacific Northwest. While such fees are clearly prohibited under 
customary international law and the U.N. Convention on the Law 
of the Sea, the Canadian requirement was dropped only after 
many U.S. fishermen had paid the fee.
  Under the Fishermen's Protective Act, the Secretary of State 
must reimburse U.S. fishermen for financial losses due to an 
illegal vessel seizure by another nation. However, the Act does 
not provide for compensation for costs incurred (e.g., payment 
of the Canadian transit fee) to avoid such a seizure. S. 267 
would allow for reimbursement of fees paid in such a situation 
if the United States considers the fees to be inconsistent with 
international law.

Sea of Okhotsk

  In the Bering Sea, unregulated fishing in the area of 
international waters between the EEZs of the United States and 
Russia (the ``Doughnut Hole'') threatened efforts to manage 
effectively valuable Bering Sea fishery resources. In 1992, 
Congress enacted the Central Bering Sea Fisheries Enforcement 
Act to prohibit U.S. fishermen, and discourage foreign 
fishermen, from fishing in the Doughnut Hole until an 
international agreement could be reached. Six nations (the 
United States, Russia, Japan, China, Korea, and Poland) 
subsequently developed an international agreement to manage 
fishing in the central Bering Sea.
  A situation similar to that in the Doughnut Hole threatens 
the viability of the stocks in the international waters of the 
Sea of Okhotsk where fishermen from various nations, but not 
from the United States, have begun to fish. This high seas area 
is surrounded by the Russian EEZ and is known as the ``Peanut 
Hole.'' S. 267 would expand the Central Bering Sea Fisheries 
Enforcement Act to prohibit U.S. fishermen from fishing in the 
Peanut Hole except under an international agreement, thus 
reaffirming the U.S. commitment through international fishery 
agreements to sustainable fishery resource conservation and 
management in areas beyond national jurisdiction.

Moratorium on high seas driftnet fishing

  On December 31, 1992, a U.N. resolution calling for a global 
moratorium on large scale driftnet fishing (the use of 
driftnets longer than 2.5 kilometers) on the high seas went 
into effect. In 1993, Chinese-flagged driftnet vessels were 
observed and intercepted by the U.S. Coast Guard in the North 
Pacific, though the following year there were no observations 
of driftnet fishing in the region. Recent studies by the 
environmental organization, Greenpeace, indicate that Italy is 
conducting driftnet fishing for swordfish in the Mediterranean 
Sea in violation of the U.N. moratorium. Furthermore, 
Greenpeace reports that the Italian Director of Fisheries has 
publicly acknowledged that over 720 Italian driftnet boats are 
currently fishing in the Mediterranean with nets averaging 10 
kilometers (6 miles) in length. S. 267 would reaffirm the 
commitment of the United States to fully implement, and 
strengthen where possible, international efforts to end large-
scale driftnet fishing on the high seas.

Estonia fishery agreement

  Under the terms of the Magnuson Act, all foreign fishing 
activities in the U.S. EEZ must be conducted pursuant to a 
governing international fishery agreement (GIFA). Such 
agreement must be transmitted to the Senate and House, and can 
go into effect either: (1) upon Congressional approval; or (2) 
when the agreement has been before the Congress for 60 days of 
continuous session. The date of transmittal of the Estonia 
agreement was January 20, 1995. S. 267 would provide 
Congressional approval of the Estonia GIFA.

                          Legislative History

  S. 267 was introduced by Senators Stevens, Kerry, Gorton, 
Murray, and Murkowski on January 24, 1995. Senator Breaux 
joined as a cosponsor on March 9, 1995. S. 267 contains a 
number of measures to strengthen international fishery 
management that were included in legislation introduced and 
considered, but not enacted, in the 103rd Congress. Among the 
bills from the 103rd Congress that have been included in S. 267 
are: (1) S. 2455, the High Seas Fisheries Licensing Act; (2) 
H.R. 3058, the Northwest Atlantic Fisheries Convention Act; (3) 
S. 1611, the Atlantic Tunas Convention Authorization Act; (4) 
S. 2243, the Fishermen's Protective Act Amendment of 1994; (5) 
S. 1515, the Sea of Okhotsk Fisheries Enforcement Act; and (6) 
S. 2569, the High Seas Driftnet Fishing Moratorium Protection 
Act. A Committee hearing on these matters was held on July 21, 
1994.
  On March 23, 1995, in open executive session, the Committee 
considered S. 267 and ordered the bill, with technical and 
conforming amendments, reported by unanimous voice vote. During 
the executive session, Senator Snowe offered an amendment to 
restrict directed foreign fishing within the U.S. EEZ for 
Atlantic herring and Atlantic mackerel. However, when concerns 
were raised about the amendment, Senator Snowe agreed to defer 
inclusion of such a provision until the concerns could be 
resolved.

                      Summary of Major Provisions

         Title I--The High Seas Fisheries Licensing Act of 1995

  This title provides for domestic implementation of the FAO 
Agreement. The legislation would establish a system of 
licensing, reporting, and regulation for U.S. vessels fishing 
on the high seas. Specific provisions would: (1) require 
publication of a list of international conservation and 
management measures recognized by the United States that U.S. 
high seas fishing vessels must comply with when fishing in 
areas in which those measures apply; (2) require all U.S. 
fishing vessels operating on the high seas to have on board a 
valid license issued by the Secretary; (3) prevent vessels from 
obtaining a U.S. license to avoid punishment for violation of 
international measures; (4) require the Secretary to maintain a 
register of vessels licensed under the statute and to report to 
the FAO information on those vessels and their activities; and 
(5) establish enforcement procedures, civil and criminal 
penalties, forfeitures, and license sanctions consistent with 
the Magnuson Act.
       title II--The Northwest Atlantic Fisheries Convention Act

  This title governs U.S. participation in international 
efforts to assess and conserve high seas fishery resources off 
the coasts of Canada and New England. Among other provisions, 
the title provides for: (1) U.S. representation in NAFO; (2) 
coordination between NAFO and appropriate regional fishery 
management councils (Councils) established under the Magnuson 
Act; and (3) authorization for the Secretary and the Secretary 
of State to carry out U.S. treaty responsibilities in the 
northwest Atlantic.

         Title III--Atlantic Tunas Convention Authorization Act

  This title extends the authorization of appropriations for 
the Atlantic Tunas Convention Act through fiscal year 1998; 
provides for the development of a research and monitoring 
program for bluefin tuna and other wide-ranging Atlantic fish 
stocks; establishes operating procedures for the ICCAT advisory 
committee; and clarifies procedures for dealing with nations 
that fail to comply with ICCAT recommendations.

                  Title IV--Fishermen's Protective Act

  This title reauthorizes and amends the Fishermen's Protective 
Act of 1967 to allow the Secretary of State to reimburse U.S. 
fishermen for transit fees paid to a foreign country if such 
fees are not consistent with international law.

           Title V--Sea of Okhotsk Fisheries Enforcement Act

  This title prohibits U.S. fishermen from fishing in the 
international waters of the Sea of Okhotsk except where such 
fishing is conducted in accordance with a fishery agreement to 
which both the United States and Russia are parties.

     Title VI--High Seas Driftnet Fishing Moratorium Protection Act

  This title prohibits the United States from entering into an 
international agreement with respect to the conservation and 
management of living marine resources if the agreement would 
prevent full implementation of the U.N. moratorium on large-
scale driftnet fishing on the high seas.

          Title VII--Governing International Fishery Agreement

  This title provides Congressional approval of the GIFA 
between the United States and the Republic of Estonia.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate prepared by the Congressional Budget 
Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                    Washington, DC, April 12, 1995.
Hon. Larry Pressler,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed revised cost estimate for S. 267, the 
Fisheries Act, 1995. This revised estimate supersedes the 
estimate the CBO provided on April 5, 1995.
    Enactment of S. 267 would affect direct spending and 
receipts; therefore, pay-as-you-go procedures would apply.
    If you wish further details on this estimate, we will be 
pleased to provide them.
            Sincerely,
                                              James L. Blum
                                             (For June E. O'Neill).

               congressional budget office cost estimate

    1. Bill number: S. 267.
    2. Bill title: Fisheries Act of 1995.
    3. Bill status: As ordered reported by the Senate Committee 
on Commerce, Science, and Transportation on March 28, 1995.
    4. Bill purpose: S. 267 would:
         Establish a system of licensing, reporting and 
        regulation for vessels of the United States fishing on 
        the high seas;
         Implement the Convention on Future Multilateral 
        Cooperation in the Northwest Atlantic Fisheries;
         Reauthorize the Atlantic Tunas Convention 
        Authorization Act;
         Amend the Fishermen's Protective Act of 1967;
         Prohibit the United States from entering into 
        agreements that would violate any international 
        driftnet moratoriums; and
         Approve an international fishery agreement between the 
        United States and the Republic of Estonia.
    5. Estimated cost to the Federal Government: S. 267 would 
authorize appropriations of $3.3 million for 1995 and $4.5 
million each year for 1996 through 1998 to carry out Titles II 
and III. In addition, we estimate that Title IV would authorize 
net new spending of slightly more than $0.1 million annually 
for 1996 through 2000. This estimate assumes that the full 
amounts authorized would be appropriated. There is no spending 
for these activities under current law.
    CBO estimates that enacting S. 267 also would affect direct 
spending and revenues. The following table summarizes CBO's 
estimates of the budgetary impact of this bill.

------------------------------------------------------------------------
                      1995     1996     1997     1998     1999     2000 
------------------------------------------------------------------------
Authorization of                                                        
 appropriations...      3.3      4.9      4.9      4.9      0.4      0.4
Less: Offsetting                                                        
 collections......       --      0.3      0.3      0.3      0.3      0.3
                   -----------------------------------------------------
Net authorization                                                       
 of appropriations      3.3      4.6      4.6      4.6      0.1      0.1
                   =====================================================
Estimated outlays.        0      4.3      4.8      5.1      2.1      0.7
Direct spending:                                                        
    Estimated                                                           
     budget                                                             
     authority....       --      0.3      (1)      (1)      (1)      (1)
    Estimated                                                           
     outlays......       --      0.3      (1)      (1)      (1)      (1)
Revenues..........       --      (1)      (1)      (1)      (1)      (1)
------------------------------------------------------------------------
\1\ CBO cannot estimate this amount precisely, but expects that it would
  be less than $500,000.                                                

    The costs of this bill fall within budget functions 300 and 
370.
    6. Basis of estimate:
    Authorizations of Appropriations.--S. 267 would authorize 
appropriations to carry out Titles II and III. Title II would 
authorize appropriations of $500,000 each year for 1995 through 
1998 for payment to the Northwest Atlantic Fisheries 
Organization. Title III would authorize appropriations of $2.75 
million in fiscal year 1995 and $4 million in fiscal years 1996 
through 1998 to carry out the Atlantic Tunas Convention Act. 
The National Oceanic and Atmospheric Administration (NOAA) did 
not receive an appropriation to carry out these activities in 
1995. Because some of Title III's requirements are similar to 
functions already being carried out by NOAA within its 
Operations, Research and Facilities account, CBO used that 
account's outlay rate for estimating outlays of the amounts 
authorized in Title III.
    Title IV would extend the authorization of the Fishermen's 
Guaranty Fund through fiscal year 2000. Outlays from this 
program have averaged approximately $400,000 per year, but 
there has not been any appropriation for this program since 
1991. Current law requires that the Department of State limit 
total fees collected for this program to twice the 
appropriation received for its operation. Therefore, CBO 
estimates that enacting this provision will result in net costs 
to the federal government of approximately $133,000 per year--
the State Department would spend about $400,000 a year, of 
which $267,000 would be covered by fees and the remainder by 
appropriations.
    Direct Spending.--Enacting Title IV would make owners of 
various fishing vessels eligible for payments totaling $284,000 
from the Fishermen's Protective Fund or the Fishermen's 
Guaranty Fund. Both funds currently have sufficient unobligated 
balances to make such payments, so we estimate that the bill 
would result in additional outlays of $285,000 in 1996. This 
amount would constitute direct spending because the 
expenditures would take place without further appropriation 
action.
    Revenues.--The bill would establish civil and criminal 
penalties for violations of the provisions of Titles I, II, III 
and V. Criminal fines would be deposited in the Crime Victims 
Fund and would be spent in the following year. Civil penalties 
collected under Title I would be deposited in the general fund 
of the Treasury. Both would be counted as revenues. Titles II 
and III of the bill would authorize the Secretary of Commerce 
to impose additional civil and criminal penalties on those that 
violate provisions of the titles. Receipts from penalties 
collected under Titles II, III and V would be used to pay for 
enforcement costs incurred by the Department of Commerce. Based 
upon information from the Department of Commerce, CBO estimates 
that receipts collected from Titles I, II, III, and V would be 
less than $500,000 per year.
    Vessels used in an unlawful manner would be subject to 
civil forfeiture under Title II. Proceeds from the sale of 
assets forfeited to the federal government would be deposited 
as receipts into the assets forfeiture fund of the Department 
of Justice and spent--as direct spending--out of that fund. 
Therefore, any gain in revenues would be largely offset by 
increased direct spending.
    In addition, commercial fishing vessels of nations charging 
certain fees would be required to pay a fee to the U.S. 
government. Any collections from such fees would be considered 
governmental receipts; however, because no countries are 
charging the fees in question to U.S. fishing vessels, CBO does 
not expect that any fees would be collected as a result of 
enactment of this provision.
    7. Pay-as-you-go considerations: Section 252 of the 
Balanced Budget and Emergency Deficit Control Act of 1985 sets 
up pay-as-you-go procedures for legislation affecting direct 
spending or receipts through 1998. Because S. 267 would affect 
direct spending and receipts, the bill would be subject to pay-
as-you-go procedures. The bill would increase spending by 
$284,000 in 1996 out of unobligated balances of the Fishermen's 
Protective Fund or the Fishermen's Guaranty Fund.
    S. 267 also would affect direct spending and receipts 
through the imposition of criminal fines and resulting spending 
from the Crime Victims Fund as well as the authorization of 
licensing fees and expanding the types of assets subject to 
forfeiture. CBO estimates that the amounts involved would not 
be significant. The following table summarizes the pay-as-you-
go impact of this bill.

------------------------------------------------------------------------
                                            1996       1997       1998  
------------------------------------------------------------------------
Changes in outlays.....................          0          0          0
Changes in receipts....................          0          0          0
------------------------------------------------------------------------

    8. Estimated cost to State and local governments: None.
    9. Estimate comparison: None.
    10. Previous CBO estimate: On April 5, 1995, CBO prepared 
an initial cost estimate for S. 267, the Fisheries Act of 1995, 
as ordered reported by the Senate Committee on Commerce, 
Science, and Transportation on March 28, 1995. That initial 
estimate contained an error in the table showing estimated 
outlays from the bill's authorizations. This revised estimate 
corrects that error. Our estimate of outlays in the initial 
cost estimate for S. 267 was too low for the authorization 
levels specified in the bill.
    On February 15, 1995, CBO prepared cost estimates for H.R. 
622, H.R. 715, and H.R. 716, which correspond to Titles II, IV, 
and V, respectively, of S. 267. All three bills were ordered 
reported on February 8, 1995 by the House Committee on 
Resources. Titles II and V are identical to their respective 
House counterparts; however, Title IV differs in ways that 
would affect direct spending. H.R. 716 would extend the 
authorization of the Fishermen's Guaranty Fund through fiscal 
year 1998, and would repeal the requirement that a certain 
percentage of deposits to this fund come from appropriated 
funds. Title IV of S. 267 would extend the authorization of the 
fund through fiscal year 2000 and does not include H.R. 716's 
repeal. Because of this change, CBO's estimate of 
authorizations of appropriations for Title IV is approximately 
$133,000 higher than our estimate for H.R. 716.
    11. Estimate prepared by: Rachel Robertson, John Webb, and 
Melissa Sampson.
    12. Estimate approved by: Robert A. Sunshine, for Paul N. 
Van de Water, Assistant Director for Budget Analysis.
                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation:

Number of persons covered

  Title I of the bill, as reported, would require the U.S. high 
seas fishing fleet to comply with certain licensing, reporting 
and registration requirements. The number of U.S. fishing 
vessels currently operating on the high seas probably numbers 
less than 1000, and thus, this title will impact a relatively 
small number of individuals.
  Title II of the bill, as reported, would allow the United 
States to participate in the management and allocation of the 
fishery stocks overseen by NAFO. Few U.S. vessels have fished 
in the NAFO regulatory area in recent years, although a small 
number may return if NAFO allocates a harvest quota to the 
United States.
  Titles III, V, VI and VII, deal with research, monitoring 
activities and certain fishing prohibitions and would have 
minimal impact on individuals.
  Title IV would allow the government to reimburse U.S. vessel 
owners who are assessed a fee by a foreign government for 
passing through that nation's waters. Last year, 258 U.S. 
vessels were charged a passage fee by Canada.

Economic impact

  The Department of Commerce will incur some costs in 
fulfilling Federal responsibilities under the legislation. The 
bill, as reported, would allow license fees to be established 
for vessels required to register under title I of the Act. 
However, such fees would be limited to a level necessary to 
cover costs incurred in administering the license program. The 
Congressional Budget Office analysis suggests that these fees 
would increase receipts to the Federal government by less than 
$500,000 per year.
  Title IV would allow approximately $284,000 to be reimbursed 
to the 258 U.S. vessels that paid a transit fee to Canada in 
1994. These funds would be made available from unobligated 
balances from the Fishermen's Protective Fund or the 
Fishermen's Guaranty Fund.
  The remaining titles would have minimal economic impact on 
individuals and are not expected to have an inflationary impact 
on the Nation's economy.

Privacy

  This legislation will have a negligible impact on the 
personal privacy of the individuals affected.

Paperwork

  As reported, some additional paperwork would be required from 
commercial fishermen in order to comply with the legislation. 
The bill specifies that the Secretary should minimize 
duplication of license application and reporting requirements 
contained in other regulations applicable to U.S. fishermen and 
vessels regulated under this legislation. Thus, any resulting 
increase in paperwork should be negligible.

                      Section-by-Section Analysis

                 TITLE I--HIGH SEAS FISHERIES LICENSING

Section 101. Short title

  This section states that title I of S. 267, as reported, may 
be cited as the ``High Seas Fisheries Licensing Act of 1995.''

Section 102. Purpose

  This section states that the purpose of the legislation is to 
implement the FAO Agreement and to establish a system for 
licensing, reporting, and regulation of U.S. high seas fishing 
vessels.

Section 103. Definitions

  This section defines a number of terms used throughout the 
title I of the reported bill. Some of the definitions are 
limited to include only international principles that have been 
accepted or adopted by the United States. For example, ``high 
seas'' is defined as the waters beyond the EEZ of any nation 
only to the extent such zone is recognized by the United 
States. Similarly, ``international conservation and management 
measures'' are defined as measures to conserve or manage living 
marine resources that are: consistent with the 1982 U.N. 
Convention on the Law of the Sea, and are recognized by the 
United States. These measures may be adopted by global, 
regional, or subregional fisheries organizations, or 
established by treaty or other international agreement. The 
reference to global organizations and other international 
agreements in the definition is intended to ensure that the 
numerous resolutions of the U.N. General Assembly with respect 
to a global moratorium on the use of large scale driftnets on 
the high seas are recognized as international conservation and 
management measures. An example of a measure adopted by a 
regional fisheries organization would be a recommendation 
developed by ICCAT and accepted by the United States, while an 
example of a subregional organization measure would include one 
adopted by the Annual Conference of the Convention on the 
Conservation and Management of the Pollock Resources in the 
Central Bering Sea. The term ``Secretary'' for the purposes of 
title I means the Secretary of Commerce. Other terms defined in 
this section include ``Agreement,'' ``FAO,'' ``high seas 
fishing vessel,'' ``length,'' ``person,'' ``vessel of the 
United States,'' ``vessel subject to the jurisdiction of the 
United States'' and ``vessel without nationality.''

Section 104. Licensing

  This section establishes procedures for licensing high seas 
fishing vessels. Subsection (a) requires all U.S. vessels 
fishing on the high seas to have on board a valid license 
issued by the Secretary. Subsection (b) establishes eligibility 
requirements and is consistent with the FAO Agreement because 
it prohibits a high seas fishing vessel from switching to a 
U.S. flag to avoid punishment for violating an international 
fishery management program. Subsections (c) and (d) describe 
the license application process and conditions to be placed on 
any license issued. Subsection (e) allows the Secretary to 
establish licensing fees that would be used to offset Federal 
expenses in implementing the legislation. The level of fees 
would be limited to the administrative costs incurred by the 
Secretary in issuing the licenses. Finally, subsection (f) 
would limit the duration of the license, voiding it if a vessel 
loses its eligibility for U.S. documentation.

Section 105. Responsibilities of the Secretary

  This section requires the Secretary to maintain a register of 
vessels licensed under this title. The Secretary would report 
to the FAO information on registered vessels and on activities 
of any vessels, whether U.S. or foreign, that might undermine 
international conservation and management measures. The 
Secretary also would report to a flag state information, 
including evidentiary material, relating to activities of a 
foreign vessel that undermine such measures. In addition, this 
section gives the Secretary the regulatory authority to 
implement the legislation and the FAO Agreement, and specifies 
that such regulations should minimize duplication of license 
application and reporting requirements contained in other 
regulations applicable to high seas fishing vessels. Finally, 
this section requires the Secretary to periodically publish in 
the Federal Register notice of international conservation and 
management measures recognized by the United States. The 
Committee expects the Secretary to publish a revised list 
shortly after any significant change is made to such measures.

Section 106. Unlawful activities

  This section establishes a number of activities that would be 
prohibited, including: use of a high seas fishing vessel in 
contravention of international conservation and management 
measures; fishing on the high seas without a license; 
falsification of required information; impeding or assaulting 
an authorized officer; and commerce involving any resource 
taken or retained in violation of the requirements of this 
title.

Section 107. Enforcement provisions

  This section contains enforcement provisions similar to those 
in the Magnuson Act. The Secretary and the Secretary of the 
Department in which the Coast Guard is operating are authorized 
to enter into agreements with other Federal or state agencies 
to utilize their services, equipment and facilities in 
enforcement activities. Officers are authorized, with or 
without warrant upon reasonable cause, to conduct searches, 
make arrests, seize a vessel and its catch, and issue 
citations.

Section 108. Civil penalties and license sanctions

  Consistent with the Magnuson Act, this section provides for 
civil penalties of up to $100,000 for each violation, and for 
license sanctions. This section also includes provisions 
patterned after the Magnuson Act for administrative procedures, 
judicial review, and collection of penalties.

Section 109. Criminal offenses

  This section makes certain offenses involving bodily injury 
or threat of injury punishable as misdemeanors or, if 
aggravated, as felonies, consistent with the Magnuson Act.
Section 110. Forfeitures

  This section is almost identical to the civil forfeiture 
provisions of the Magnuson Act, and provides for court 
jurisdiction, the entrance of judgements, service of process 
and the discharge of fish seized pursuant to such process. The 
section also establishes a rebuttable presumption, comparable 
to the one found in the Magnuson Act, that living marine 
resources found on board a high seas vessel and seized in 
connection with an act prohibited by this title have been taken 
or retained in violation of this title. The presumption can be 
rebutted by an appropriate showing of evidence to the contrary.

Section 111. Effective date

  This section establishes that the legislation will take 
effect six months after the date of enactment.

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

Section 201. Short title

  This section states that title II of S. 267, as reported, may 
be cited as the ``Northwest Atlantic Fisheries Convention Act 
of 1995.''

Section 202. Representation of United States under Convention

  This section describes the criteria to be used by the 
Secretary in appointing Commissioners to the General Council 
and Fisheries Commission created under the NAFO Convention, and 
in appointing representatives to the NAFO Scientific Council. 
The section authorizes the appointment of alternate 
commissioners and representatives, allows experts and advisors 
to attend NAFO meetings, and requires cooperation by the 
Commissioners, representatives and alternates with the 
appropriate Councils established under the Magnuson Act.
  The Secretary is required to appoint up to three 
Commissioners for two-year terms to represent the United States 
at meetings of the NAFO General Council and Fisheries 
Commission. Of the Commissioners appointed, at least one must 
represent the commercial fishing industry, one must be a 
government official, and one must be a voting non-federal 
member of the New England Council. The NAFO Commissioners may 
not serve more than two consecutive terms.
  The Secretary is also required to appoint up to three 
representatives to the NAFO Scientific Council who are 
knowledgeable and experienced with respect to NAFO scientific 
issues, at least one of whom must be a Federal official. These 
representatives serve at the pleasure of the Secretary, and, 
unlike the two-term limit on non-federal Commissioners, are not 
limited in the number of terms they may serve.
  When a Commissioner or representative cannot attend a NAFO 
meeting, the Secretary is authorized to designate an alternate 
who may exercise all the powers and perform all the duties of 
the designated position.
  The Federal Advisory Committee Act (5 U.S.C. App.) would not 
apply to coordination and consultation requirements under this 
section.

Section 203. Requests for scientific advice

  Under Article VII of the NAFO Convention, a coastal nation 
may request that the NAFO Scientific Council look into 
scientific issues associated with the conservation and 
management of a fishery resource within such nation's EEZ. This 
section would require consultation with the appropriate 
Councils and the concurrence of the Commissioners before a 
request is made under Article VII with respect to a U.S. 
fishery resource; and before U.S. representatives specify to 
the NAFO Scientific Council the fishery, area, and objectives 
associated with any requests that are made.

Section 204. Authorities of Secretary of State with respect to 
        Convention

  This section establishes the authority of the Secretary of 
State to undertake the following NAFO-related actions on behalf 
of the United States: (1) receive and transmit reports, 
requests, recommendations, proposals, and other NAFO 
communications; (2) object to or withdraw an objection to a 
NAFO fishery conservation and management proposal; (3) give or 
withdraw notice of intent to not be bound by a NAFO measure; 
(4) object or withdraw an objection to an amendment to the NAFO 
Convention; and (5) act upon or refer any other NAFO 
communication.

Section 205. Interagency cooperation

  This section encourages cooperation among Federal agencies, 
the states, the New England and Mid-Atlantic Councils, and 
private institutions and organizations. Any Federal agency may 
participate in scientific and other programs, and furnish 
facilities and personnel to assist NAFO. The provision of such 
services, facilities, and personnel is reimbursable by NAFO.

Section 206. Rulemaking

  This section provides authority to the Secretary to 
promulgate necessary regulations to carry out the objectives of 
the NAFO Convention and this title.

Section 207. Prohibited acts and penalties

  This section would prohibit any person or vessel subject to 
U.S. jurisdiction from: violation of any regulation issued 
under this title or any binding measure of the NAFO Convention; 
resistance to, or prevention of, boarding by enforcement 
agents; resistance to arrest; commerce involving fish taken in 
violation of this section; and interference in the apprehension 
of a person who has committed an act prohibited by this 
section.
  This section stipulates that both civil and criminal 
penalties apply, as does civil forfeiture of any vessel or 
catch. Enforcement is to be carried out by the Secretary and 
the Secretary of the department in which the Coast Guard is 
operating, and jurisdiction is held exclusively by U.S. 
district courts.

Section 208. Consultative committee

  This section requires the establishment of a consultative 
committee, the membership of which would include 
representatives from the appropriate Councils and states, the 
Atlantic States Marine Fisheries Commission, the fishing and 
seafood processing industries, and others knowledgeable and 
experienced about the conservation and management of fisheries 
in the northwest Atlantic Ocean. Committee members would serve 
2-year terms, could be reappointed, and would be authorized to 
attend public and Commissioner meetings, as well as other NAFO 
meetings to which they are invited. The Federal Advisory 
Committee Act would not apply to the consultative committee.

Section 209. Administrative matters

  This section prohibits Commissioners, representatives, 
alternate commissioners and representatives, experts and 
advisors, and members of the consultative committee established 
in section 208 from receiving compensation from the government 
for their service in that capacity. This section requires the 
Secretary of State to, subject to the availability of 
appropriations, pay for the travel and other actual expenses of 
Commissioners, representatives, and their alternates, as well 
as for the travel and other actual expenses of up to six 
experts and advisors.

Section 210. Definitions

  This section provides definitions of ``authorized enforcement 
officer,'' ``Commissioner,'' ``Convention,'' ``Fisheries 
Commission,'' ``General Council,'' ``Magnuson Act,'' 
``Organization,'' ``person,'' ``Representative,'' ``Scientific 
Council,'' and ``Secretary.''

Section 211. Authorization of appropriations

  This section authorizes appropriations of $500,000 annually 
for fiscal years 1995 through 1998.
                TITLE III--ATLANTIC TUNAS CONVENTION ACT

Section 301. Short title

  This section states that title III of S. 267, as reported, 
may be cited as the ``Atlantic Tunas Convention Authorization 
Act of 1995.''

Section 302. Research and monitoring activities

  This section establishes new research and monitoring 
requirements for Atlantic bluefin tuna and other highly 
migratory species. Subsection (a) would mandate that the 
Secretary report to Congress within 90 days after the date of 
enactment of S. 267 on current governmental and non-
governmental research and monitoring activities. The report 
would be required to describe the personnel and budgetary 
resources involved and how each of the activities contributes 
to conservation and management of these species.
  The 1994 NRC report on Atlantic bluefin tuna concluded that, 
contrary to findings of National Oceanic and Atmospheric 
Administration (NOAA) scientists, the bluefin tuna stock in the 
western Atlantic has remained stable since 1988. It recommended 
that alternative methods of data management, analyses, and peer 
review be used to estimate characteristics and trends in the 
Atlantic bluefin tuna population. The NRC report also points 
out that research supported by several Federal agencies outside 
the Department of Commerce, including the National Science 
Foundation, the Department of Energy, and the Office of Naval 
Research could contribute to implementation of its research 
recommendations. This report has raised serious questions about 
NOAA quality control and leadership with respect to the 
scientific assessment and monitoring of fisheries for highly 
migratory species, particularly Atlantic bluefin tuna. 
Consequently, the Committee anticipates that the Secretary will 
view the report required under this section of the reported 
bill as an opportunity to evaluate and implement administrative 
changes in existing NOAA programs in response to the issues 
raised by the NRC. The Committee is particularly interested in 
ensuring substantial participation by NOAA on a regional basis 
in stock assessments and monitoring of highly migratory species 
fisheries.
  Section 302(b) amends Section 3 of the Act of September 4, 
1980 (16 U.S.C. 971i), adding a new subsection that would 
mandate that the Secretary, in cooperation with the ICCAT 
advisory committee and in consultation with the ICCAT 
Commissioners and Secretary of State, develop and implement a 
research and monitoring program within six months to support 
the conservation and management of Atlantic highly migratory 
species. Objectives of the program would be to: (1) identify 
and define Atlantic stocks; (2) effectively monitor U.S. 
fishing activity; and (3) encourage the establishment of a 
comprehensive international research and monitoring effort. 
Elements of the program would include tagging studies, genetic 
and biochemical stock analyses, aerial population censuses, 
observers, port sampling, data collection for both recreational 
and commercial fisheries, biological studies, the integration 
of data and data bases in support of management decisions, and 
other necessary research.

Section 303. Advisory committee procedures

  This section amends section 4 of the Atlantic Tunas 
Convention Act of 1975 concerning the ICCAT advisory committee 
and establishes administrative requirements for the advisory 
committee patterned after provisions of the Magnuson Act 
applicable to the Councils.
  The section establishes that: (1) a majority of the advisory 
committee members constitutes a quorum, but that one or more 
designated members may hold meetings to allow public 
participation and discussion of measures concerning U.S. 
implementation of the ICCAT recommendations; (2) the advisory 
committee elect a chairman from among its members for a two-
year term; (3) public meetings by the advisory committee be 
held at least twice a year; (4) the advisory committee develop 
and publish a statement of its organization, practices and 
procedures; (5) the composition of the advisory committee be 
balanced among the various groups concerned with ICCAT 
fisheries; and (6) the advisory committee not be subject to the 
Federal Advisory Committee Act.
  This section also directs the Secretary to provide the 
advisory committee with administrative and support services in 
a timely fashion, and directs both the Secretary and Secretary 
of State to provide relevant fisheries and international 
fishery agreement information.

Section 304. Regulations

  This section would amend section 6 of the Atlantic Tunas 
Convention Act which authorizes the Secretary to issue 
regulations to carry out ICCAT recommendations. Section 6 
currently requires that no regulation implementing an ICCAT 
recommendation may have the effect of increasing or decreasing 
any allocation or quota of fish which the United States 
receives under ICCAT. However, in recent years, ICCAT managers 
increasingly have used fishing mortality rather than catch 
quotas as the mechanism to control member nations' fishing 
activities. This section of the reported bill makes a technical 
change, adding the term ``fishing mortality'' after ``quota of 
fish'' in the current statutory requirement. The change 
clarifies that the requirement to ensure that the U.S. 
fishermen have an opportunity to harvest the U.S. allocation 
under ICCAT is not tied to a specific management regime. 
Instead, it is a general standard necessary to encourage full 
U.S. participation in the development and implementation of 
effective international management efforts.

Section 305. Fines and permit sanctions

  This section amends Section 7(e) of the Atlantic Tunas 
Convention Act to make the civil penalties and permit sanctions 
comparable to those found in the Magnuson Act.

Section 306. Authorization of appropriations

  This section authorizes appropriations for the Atlantic Tunas 
Convention Act, providing $2,750,000 for fiscal year 1995, and 
$4,000,000 for each of the fiscal years 1996, 1997, and 1998.
  Of the total amounts authorized, the ICCAT advisory committee 
and species working groups would receive $50,000 in fiscal year 
1995, $62,000 in fiscal year 1996, and $75,000 in fiscal years 
1997 and 1998. Authorized funding for research activities would 
increase from $1.5 million in fiscal year 1995 to $2.5 million 
in fiscal years 1996, 1997 and 1998.

Section 307. Report and certification

  This section would amend the Atlantic Tunas Convention Act by 
adding a new section 11 to require an annual report to Congress 
on international ICCAT compliance, including U.S. efforts to 
encourage such compliance. In addition, this section of the 
reported bill would add a new section 12 mandating that the 
Secretary identify and certify to the President any nation 
whose vessels are fishing in a manner that diminishes the 
effectiveness of ICCAT management efforts. Such a certification 
would: (1) trigger the President's discretionary authority to 
impose trade sanctions under section 8 of the Fishermen's 
Protective Act (22 U.S.C. 1978); and (2) require promulgation 
of regulations under section 6 of the Atlantic Tunas Convention 
Act to prohibit imports of ICCAT-managed fish from the 
certified nation.

Section 308. Management of yellowfin tuna

  This section requires the Secretary, within 90 days of the 
date of enactment of S. 267, to publish a preliminary 
determination of annual commercial and recreational yellowfin 
tuna catches since 1980. After a 60-day public comment period, 
and within 140 days of the enactment of S. 267, publication of 
the final catch data would be required.
  This section also would require the Secretary to implement 
ICCAT recommendations on yellowfin tuna that are agreed to by 
the United States.

                  TITLE IV--FISHERMEN'S PROTECTIVE ACT

Section 401. Findings

  This section contains findings by Congress regarding the 
payment required by Canada from commercial fishing vessels of 
the United States for a license to transit through waters 
commonly referred to as the ``Inside Passage'' off the Pacific 
Coast of Canada in the summer of 1994. The findings state that 
the payment required by Canada--1,500 Canadian dollars--was 
inconsistent with international law, including the U.N. 
Convention on the Law of the Sea, and, in particular, Article 
26 of that Convention, which specifically prohibits such fees. 
The findings also state that the payment threatened the safety 
of U.S. commercial fishermen who sought to avoid the fee by 
traveling in less protected waters.
  Paragraphs (4), (6) and (7) of this section state that the 
Fishermen's Protective Act of 1967 provides for the 
reimbursement of vessel owners who are forced to pay a fee to 
secure the release of a vessel which has been seized, and that 
the Act should be amended to permit vessel owners to also 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 the fee to be 
inconsistent with international law.
  Paragraph (9) of this section states that the United States 
should review its current policy with respect to the anchorage 
by commercial fishing vessels of Canada in U.S. waters off 
Alaska and should accord such vessels the same treatment that 
commercial fishing vessels of the United States are accorded 
for anchorage in Canadian waters off British Columbia. 
Paragraphs (10) and (11) state that the President should ensure 
that, consistent with international law, the U.S. Coast Guard 
has available adequate resources to provide for the safety of 
U.S. citizens, and that the President should continue to review 
all agreements between the United States and Canada to identify 
actions that may be taken to convince Canada that any 
reinstatement of the transit license fee would be against 
Canada's long-term interests. Paragraph (13) states that the 
United States should redouble its efforts to seek expeditious 
agreement with Canada on appropriate fishery conservation and 
management measures that can be implemented through the Pacific 
Salmon Treaty to address issues of mutual concern.

Section 402. Amendment to the Fishermen's Protective Act of 1967

  Section 402(a) amends the Fishermen's Protective Act of 1967 
(22 U.S.C. 1971 et seq.) by creating a new section of that Act, 
section 11, which would require the Secretary of State to 
reimburse the owner of a U.S. vessel who is charged and pays a 
fee on or after June 15, 1994 under protest to the government 
of a foreign country to engage in transit passage between 
points in the United States (including a point in the EEZ or in 
an area over which jurisdiction is in dispute), if such fee is 
regarded by the United States as being inconsistent with 
international law.
  Subsections (b) and (c) of the new section 11 describe 
information that would be required to be provided by vessel 
owners seeking reimbursement, and would require that 
reimbursements be made by the Secretary of State within 120 
days of the date of payment of the fee, or within 90 days after 
the date of enactment of this section, whichever is later.
  Subsection (d) of new section 11 would authorize funds to be 
made available from the unobligated balances of previously 
appropriated funds remaining in the Fishermen's Guaranty Fund 
established under section 7 and the Fishermen's Protective Fund 
established under section 9 of the Fishermen's Protective Act. 
To the extent that requests for reimbursement authorized under 
subsection (a) exceed funds in the two existing accounts, 
subsection (d) also authorizes appropriation of such sums as 
may be needed for such reimbursements.
  Subsection (e) would require the Secretary of State to take 
such actions as the Secretary deems appropriate to make and 
collect claims against the foreign country which imposed the 
fee for amounts reimbursed by the Secretary to vessel owners.
  Subsection (g) specifies that the new section 11 will only 
remain in effect until October 1, 1996.
  Section 402(b) further amends the Fishermen's Protective Act 
by creating another new section, section 12, which would 
require the Secretary of State to certify to the President 
whenever the Secretary finds that the government of a nation 
has imposed conditions on the operation or transit of U.S. 
fishing vessels which the United States regards as being 
inconsistent with international law or an international 
agreement. Upon receipt of a certification, section 12 would 
require that the President direct the heads of Federal agencies 
to impose conditions on the operation or transit of the 
offending nation's fishing vessels which are similar to the 
conditions imposed on U.S. fishing vessels.

Section 403. Reauthorization

  Section 403(a) amends section 7 of the Fishermen's Protective 
Act of 1967 (22 U.S.C. 1977) by eliminating a requirement that 
the Federal government match at least one-third of fees paid by 
vessel owners who enter an agreement with the Secretary of 
State under which the Secretary will guarantee reimbursement of 
certain costs in the event that a vessel is seized and detained 
by a foreign country. This change allows vessel owners to enter 
agreements with the Secretary of State for the guarantee of 
certain costs even in the absence of the availability of 
federal funds.
  Section 403(b) reauthorizes the provisions of section 7 of 
the Fishermen's Protective Act of 1967 (22 U.S.C. 1977) through 
October 1, 2000.

Section 404. Technical corrections

  Section 404(a) makes a technical correction to section 15(a) 
of the Marine Mammal Protection Act Amendments of 1994 (P.L. 
103-238), by striking ``April 1, 1994,'' and inserting ``May 1, 
1994.'' Section 15(a) provides the mechanism for the transition 
to the new regime created by P.L. 103-238 to regulate the 
taking of marine mammals incidental to commercial fishing 
operations.
  The intent of section 15(a) was to strike the sunset date in 
the old regime regulating the taking of marine mammals by 
commercial fishing operations, section 114 of the Marine Mammal 
Protection Act of 1972 (16 U.S.C. 1383a), and to replace this 
sunset date with the words, ``until superseded by regulations 
prescribed under section 118, or until September 1, 1995, 
whichever is earlier.'' Section 118 is the new section created 
by P.L. 103-238 to deal with the taking of marine mammals by 
commercial fishing operations.
  However, P.L. 103-228, which became law on March 31, 1994, 
extended the sunset date in section 114 of the Marine Mammal 
Protection Act from April 1, 1994 to May 1, 1994. Section 15(a) 
of P.L. 103-238 should therefore have amended section 114 by 
striking ``ending May 1, 1994.'' and not by striking ``ending 
April 1, 1994,''. Section 404(a) corrects this technicality.
  Section 404(b) would make a technical correction to the North 
Pacific Anadromous Stocks Act of 1992 (title VIII of P.L. 102-
567, 16 U.S.C. 5001 et seq.) (NPASA), which provides for 
domestic implementation of the Convention for the Conservation 
of Anadromous Stocks in the North Pacific Ocean. This 
subsection of the reported bill would amend the third prong of 
the definition of ``fishing vessel'' in the NPASA to read ``any 
vessel supporting a vessel described in subparagraph (A) or 
(B).''
  Section 803(13) of the NPASA currently defines the term 
``fishing vessel'' to mean ``(A) any vessel engaged in catching 
fish within the Convention area or in processing or 
transporting fish loaded in the Convention area; (B) any vessel 
outfitted to engage in any activity described in subparagraph 
(A); and (C) any vessel described in subparagraph (A) or (B).'' 
Subparagraph (C) as it exists does not describe any vessel not 
already described in subparagraphs (A) and (B). The technical 
correction would give meaning to subparagraph (C), providing 
for the inclusion of support vessels in the definition of 
``fishing vessel,'' and thereby authorizing greater protection 
for anadromous fish in the waters of the North Pacific to which 
the NPASA applies. This technical correction would make the 
definition of ``fishing vessel'' consistent with the definition 
of ``fishing vessel'' in the Magnuson Act, which includes ``any 
vessel...normally used for...aiding or assisting one or more 
vessels at sea in the performance of any activity related to 
fishing.'' (Section 3(11) of the Magnuson Act, 16 U.S.C. 
1802(11)).

        TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

Section 501. Short title

  This section states that title V of S. 267, as reported, may 
be cited as the ``Sea of Okhotsk Fisheries Enforcement Act of 
1995.''

Section 502. Fishing prohibition

  This section would amend the Central Bering Sea Fisheries 
Enforcement Act (16 U.S.C. 1823 note), making two changes. 
First, section 302 would be broadened by inserting the words 
``and the Central Sea of Okhotsk'' after ``Central Bering 
Sea.'' This amendment would ban U.S. fishing activities in the 
Central Sea of Okhotsk except when permitted by an 
international agreement to which the United States and Russia 
are both parties. Penalties and permit sanctions applicable 
under the Magnuson Act would apply to U.S. fishermen who 
violate the ban. Second, section 306 reorders the definitions 
and inserts a new definition for the term ``Central Sea of 
Okhotsk.'' These changes would extend the same protections to 
the Central Sea of Okhotsk as are provided presently to the 
Central Bering Sea under U.S. domestic law, thus furthering 
U.S.-Russian cooperation on international fishery management 
issues.

                     TITLE VI--DRIFTNET MORATORIUM

Section 601. Short title

  This section states that title VI of S. 267, as reported, may 
be cited as the ``High Seas Driftnet Fishing Moratorium 
Protection Act.''

Section 602. Findings

  This section contains findings by Congress which state that 
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 EEZ of any nation, and that the United States 
requested three resolutions and three decisions which were 
adopted by the U.N. General Assembly to establish and reaffirm 
a global moratorium on large-scale driftnet fishing on the high 
seas. The section specifically mentions Resolution 46/215 of 
the U.N. General Assembly, which calls on all nations, both 
individually and collectively, to prevent large scale driftnet 
fishing on the high seas.

Section 603. Prohibition

  This section prohibits the United States from entering 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.

Section 604. Negotiations

  This section requires the Secretary of State to seek to 
enhance the implementation and effectiveness of the moratorium 
on large-scale driftnet fishing on the high seas through 
appropriate international agreements and organizations.

Section 605. Certification

  This section requires the Secretary of State to 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 of the reported bill will 
not be violated if such agreement is signed or provisionally 
applied.
  The Committee intends that agreements to which sections 603, 
604 and 605 of the reported bill apply include the U.N. 
Convention on the Law of the Sea and any other agreement which 
has not been signed or provisionally applied by the United 
States at the time of enactment of this Act. For example, the 
Committee notes that the United States presently is engaged in 
negotiations under the U.N. Conference on Straddling Fish 
Stocks and Highly Migratory Fish Stocks to establish a treaty 
or agreement relating to fishing for such stocks. This title of 
the reported bill would prohibit the United States from 
becoming a signatory of such treaty or agreement if the final 
text undermines the effectiveness of the global driftnet 
moratorium. To date, the Conference Chairman's draft text 
recognizes the validity of international agreements like the 
global driftnet moratorium. The Committee encourages U.S. 
negotiators to work to ensure that the final text also 
recognizes (and strengthens, if possible) the global driftnet 
moratorium.

Section 606. Enforcement

  This section requires the President to utilize appropriate 
Federal assets to detect, monitor, and prevent violations of 
the moratorium on large-scale driftnet fishing on the high 
seas. A large number of fishing vessels continue to use 
driftnets longer than 2.5 kilometers in the Mediterranean Sea, 
and the Committee expects that appropriate Federal assets will 
be used there and elsewhere to assist in curbing such 
violations.

          TITLE VII--GOVERNING INTERNATIONAL FISHERY AGREEMENT

  This title provides Congressional approval of the GIFA 
between the United States and Republic of Estonia as contained 
in the message to Congress from the President of the United 
States, dated January 19, 1995.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, changes in existing law made by the bill, 
as reported, are shown as follows (existing law proposed to be 
omitted is enclosed in black brackets, new material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):
                           Public Law 96-339

[SEC. 3. REPORTS REGARDING BLUEFIN TUNA.]
SEC. 3. RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.
    (a) Biennial Report on Bluefin Tuna._The Secretary of 
Commerce shall prepare, for each biennial period commencing 
with the period covering calendar years 1981 and 1982, and 
submit to the Congress a report setting forth, with respect to 
such biennial period--
          (1) the level of taking of bluefin tuna by United 
        States fishermen in the Convention areas as defined in 
        Article I of the International Convention for the 
        Conservation of Atlantic Tunas;
          (2) the status of bluefin tuna stocks within such 
        Convention area and the trends in their population 
        level; and
          (3) related information resulting from the 
        implementation of the observer program under section 2 
        of this Act.
The report required under this section shall be submitted to 
the Congress within sixty days after the close of the biennial 
period covered by the report. [There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.]
    (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 co-operation with 
        the advisory committee established under section 4 of 
        the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971b) and in consultation with the United States 
        Commissioners on the International Commission for the 
        Conservation of Atlantic Tunas (referred to elsewhere 
        in this section as the ``Commission'') and the 
        Secretary of State, shall develop and implement a 
        comprehensive research and monitoring program to 
        support the conservation and management of Atlantic 
        bluefin tuna and other highly migratory species that 
        shall--
                  (A) identify and define the range of stocks 
                of highly migratory species in the Atlantic 
                Ocean, including Atlantic bluefin tuna; and
                  (B) provide for appropriate participation by 
                nations which are members of the Commission.
          (2) The program shall provide for, but not be limited 
        to--
                  (A) statistically designed cooperative 
                tagging studies;
                  (B) genetic and biochemical stock analyses;
                  (C) population censuses carried out through 
                aerial surveys of fishing grounds and known 
                migration areas;
                  (D) adequate observer coverage and port 
                sampling of commercial and recreational fishing 
                activity;
                  (E) collection of comparable real-time data 
                on commercial and recreational catches and 
                landings through the use of permits, logbooks, 
                landing reports for charter operations and 
                fishing tournaments, and programs to provide 
                reliable reporting of the catch by private 
                anglers;
                  (F) studies of the life history parameters of 
                Atlantic bluefin tuna and other highly 
                migratory species;
                  (G) integration of data from all sources and 
                the preparation of data bases to support 
                management decisions; and
                  (H) other research as necessary.
          (3) In developing a program under this section, the 
        Secretary shall provide for comparable monitoring of 
        all United States fishermen to which the Atlantic Tunas 
        Convention Act applies with respect to effort and 
        species composition of catch and discards. The 
        Secretary through the Secretary of State shall 
        encourage other member nations to adopt a similar 
        program.
                 Atlantic Tunas Convention Act of 1975

                           ADVISORY COMMITTEE

    (a) There is established an advisory committee which shall 
be composed of--
          (1) not less than five nor more than twenty 
        individuals appointed by the United States 
        Commissioners who shall select such individuals from 
        the various groups concerned with the fisheries covered 
        by the Convention; and
          (2) the chairmen (or their designees) of the New 
        England, Mid-Atlantic, South Atlantic, Caribbean, and 
        Gulf Fishery Management Councils established under 
        section 302(a) of the Fishery Conservation and 
        Management Act of 1976 (16 U.S.C. 1852(a)) [16 USCS 
        Sec. 1852(a)].
          Each member of the advisory committee appointed under 
        paragraph (1) shall serve for a term of two years and 
        shall be eligible for reappointment. Members of the 
        advisory committee may attend all public meetings of 
        the Commission, Council, or any panel and any other 
        meetings to which they are invited by the Commission, 
        Council, or any Panel. The advisory committee shall be 
        invited to attend all nonexecutive meetings of the 
        United States Commissioners and at such meetings shall 
        be given opportunity to examine and to be heard on all 
        proposed programs of investigation, reports, 
        recommendations, and regulations of the Commission. 
        Members of the advisory committee shall receive no 
        compensation for their services as such members. On 
        approval by the United States Commissioners--
                  (A) if not more than three members of the 
                advisory committee are designated by the 
                committee to attend any meeting of the 
                Commission, Council, or advisory committee, or 
                of any Panel, each of such members shall be 
                paid for his actual transportation expenses and 
                per diem incident to his attendance; and
                  (B) in any case in which more than three 
                members are designated by the advisory 
                committee to attend any such meeting, each such 
                member to whom subparagraph (A) does not apply 
                may be paid for his actual transportation 
                expenses and per diem incident to his 
                attendance.
          Each member of the advisory committee appointed under 
        paragraph (1) shall serve for a term of two years and 
        shall be eligible for reappointment. Members of the 
        advisory committee may attend all public meetings of 
        the Commission, Council, or any Panel and any other 
        meetings to which they are invited by the Commission, 
        Council, or any Panel. The advisory committee shall be 
        invited to attend all nonexecutive meetings of the 
        United States Commissioners and at such meetings shall 
        be given opportunity to examine and to be heard on all 
        proposed programs of investigation, reports, 
        recommendations, and regulations of the Commission. 
        Members of the advisory committee shall receive no 
        compensation for their services as such members. The 
        Secretary and the Secretary of State may pay the 
        necessary travel expenses of members of the advisory 
        committee in accordance with the Federal Travel 
        Regulations and sections 5701, 5702, 5704 through 5708, 
        and 5731 of title 5, United States Code.
    (b)(1) A majority of the members of the advisory committee 
shall constitute a quorum, but one or more such members 
designated by the advisory committee may hold meetings to 
provide for public participation and to discuss measures 
relating to the United States implementation of Commission 
recommendations.
    (2) The advisory committee shall elect a Chairman for a 2-
year term from among its members.
    (3) The advisory committee shall meet at appropriate times 
and places at least twice a year, at the call of the Chairman 
or upon the request of the majority of its voting members, the 
United States Commissioners, the Secretary, or the Secretary of 
State. Meetings of the advisory committee shall be open to the 
public, and prior notice of meetings shall be made public in a 
timely fashion.
    (4)(A) The Secretary shall provide to the advisory 
committee in a timely manner such administrative and technical 
support services as are necessary for the effective functioning 
of the committee.
    (B) The Secretary and the Secretary of State shall furnish 
the advisory committee with relevant information concerning 
fisheries and international fishery agreements.
    (5) The advisory committee shall determine its 
organization, and prescribe its practices and procedures for 
carrying out its functions under this Act, the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), and 
the Convention. The advisory committee shall publish and make 
available to the public a statement of its organization, 
practices, and procedures.
    (6) The advisory committee shall, to the maximum extent 
practicable, consist of an equitable balance among the various 
groups concerned with the fisheries covered by the Convention 
and shall not be subject to the Federal Advisory Committee Act 
(5 U.S.C. App. Sec. 1 et seq.).
                             ADMINISTRATION

    (a) The Secretary is authorized and directed to administer 
and enforce all of the provisions of the Convention, this Act, 
and regulations issued pursuant thereto, except to the extent 
otherwise provided for in this Act. In carrying out such 
functions the Secretary is authorized and directed to adopt 
such regulations as may be necessary to carry out the purposes 
and objectives of the Convention and this Act, and with the 
concurrence of the Secretary of State, he may cooperate with 
the duly authorized officials of the government of any party to 
the Convention. In addition, the Secretary may utilize, with 
the concurrence of the Secretary of the department in which the 
Coast Guard is operating insofar as such utilization involves 
enforcement at sea, with or without reimbursement and by 
agreement with any other Federal department or agency, or with 
any agency of any State, the personnel, services, and 
facilities of that agency for enforcement purposes with respect 
to any vessel in the fisheries zone, or wherever found, with 
respect to any vessel documented under the laws of the United 
States, and any vessel numbered or otherwise licensed under the 
laws of any State. When so utilized, such personnel of the 
States of the United States are authorized to function as 
Federal law enforcement agents for these purposes, but they 
shall not be held and considered as employees of the United 
States for the purposes of any laws administered by the Civil 
Service Commission.
          * * * * * * *
    (c)(1) Upon favorable action by the Secretary of State 
under section 5(a) of this Act on any recommendation of the 
Commission made pursuant to article VIII of the Convention, the 
Secretary shall promulgate, pursuant to this subsection, such 
regulations as may be necessary and appropriate to carry out 
such recommendation.
          * * * * * * *
    (3) The regulations required to be promulgated under 
paragraph (1) of this subsection may--
          (A) select for regulation one or more of the species 
        covered by the Convention;
          (B) divide the Convention waters into areas;
          (C) establish one or more open or closed seasons as 
        to each such area;
          (D) limit the size of the fish and quantity of the 
        catch which may be taken from each area within any 
        season during which fishing is allowed;
          (E) limit or prohibit the incidental catch of a 
        regulated species which may be retained, taken, 
        possessed, or landed by vessels or persons fishing for 
        other species of fish;
          (F) require records of operations to be kept by any 
        master or other person in charge of any fishing vessel;
          (G) require such clearance certificates for vessels 
        as may be necessary to carry out the purposes of the 
        Convention and this Act;
          (H) require proof satisfactory to the Secretary that 
        any fish subject to regulation pursuant to a 
        recommendation of the Commission offered for entry into 
        the United States has not been taken or retained 
        contrary to the recommendations of the Commission made 
        pursuant to article VIII of the Convention which have 
        been adopted as regulations pursuant to this section;
          (I) require any commercial or recreational fisherman 
        to obtain a permit from the Secretary and report the 
        quantity of the catch of a regulated species;
          (J) require that observers be carried aboard fishing 
        vessels for the purpose of providing statistically 
        reliable scientific data; and
          (K) impose such other requirements and provide for 
        such other measures as the Secretary may determine 
        necessary to implement any recommendation of the 
        Convention or to obtain scientific data necessary to 
        accomplish the purpose of the Convention;
except that no regulation promulgated under this section may 
have the effect of increasing or decreasing any allocation or 
quota of fish or fishery mortality level to the United States 
agreed to pursuant to a recommendation of the Commission.

     violations; fines and forfeitures; application of related laws

    Sec. 7. (a) It shall be unlawful--
          (1) for any person in charge of a fishing vessel or 
        any fishing vessel subject to the jurisdiction of the 
        United States to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act; 
        or
          (2) for any person subject to the jurisdiction of the 
        United States to ship, transport, purchase, sell, offer 
        for sale, import, export, or have in custody, 
        possession, or control any fish which he knows, or 
        should have known, were taken or retained contrary to 
        the recommendations of the Commission made pursuant to 
        article VIII of the Convention and adopted as 
        regulations pursuant to section 6 of this Act, without 
        regard to the citizenship of the person or vessel which 
        took the fish.
    (b) It shall be unlawful for the master or any person in 
charge of any fishing vessel subject to the jurisdiction of the 
United States to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports as are required 
by regulations adopted pursuant to this Act to be made, kept, 
or furnished by such master or person.
    (c) It shall be unlawful for the master or any person in 
charge of any fishing vessel subject to the jurisdiction of the 
United States to refuse to permit any person authorized to 
enforce the provisions of this Act and any regulations adopted 
pursuant thereto, to board such vessel and inspect its catch, 
equipment, books, documents, records, or other articles or 
question the persons onboard in accordance with the provisions 
of this Act, or the Convention, as the case may be, or to 
obstruct such officials in the execution of such duties.
    (d) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to section 6 (c) 
or (d) of this Act, from any country, any fish in any form of 
those species subject to regulation pursuant to a 
recommendation of the Commission, or any fish in any form not 
under regulation but under investigation by the Commission, 
during the period such fish have been denied entry in 
accordance with the provisions of section 6 (c) or (d) of this 
Act. In the case of any fish as described in this subsection 
offered for entry in the United States, the Secretary shall 
require proof satisfactory to him that such fish is not 
ineligible for such entry under the terms of section 6 (c) or 
(d) of this Act.
    [(e) (1) Any person who--
          [(A) violates any provision of subsection (a) of this 
        section shall be assessed a civil penalty of not more 
        than $25,000, and for any subsequent violation of such 
        subsection (a) shall be assessed a civil penalty of not 
        more than $50,000;
          [(B) violates any provision of subsection (b) or (c) 
        of this section shall be assessed a civil penalty of 
        not more than $1,000, and for any subsequent violation 
        of such subsection (b) or (c) shall be assessed a civil 
        penalty of not more than $5,000; or
          [(C) violates any provision of subsection (d) of this 
        section shall be assessed a civil penalty of not more 
        than $100,000.
    [(2) The Secretary is responsible for the assessment of the 
civil penalties provided for in paragraph (1). The Secretary 
may remit or mitigate any civil penalty assessed by him under 
this subsection for good cause shown.
    [(3) No penalty shall be assessed under this subsection 
unless the person accused of committing any violation is given 
notice and opportunity for a hearing with respect to such 
violation.
    [(4) Upon any failure of any person to pay a penalty 
assessed under this subsection, the Secretary may request the 
Attorney General to institute a civil action in a district 
court of the United States for any district in which such 
person is found, resides, or transacts business to collect the 
penalty and such court shall have jurisdiction to hear and 
decide any such action.]
    (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.
          * * * * * * *

                    [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, not more than $2,000,000 for each 
of the fiscal years 1989, 1990, 1991, 1992, and 1993.]
                    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, $2,750,000, of which 
        $50,000 are authorized in the aggregate for the 
        advisory committee established under section 4 and the 
        species working groups established under section 4A, 
        and $1,500,000 are authorized for research activities 
        under this Act.
          (2) For fiscal year 1996, $4,000,000, of which 
        $62,000 are authorized in the aggregate for such 
        advisory committee and such working groups, and 
        $2,500,000 are authorized for such research activities.
          (3) For fiscal year 1997, $4,000,000 of which $75,000 
        are authorized in the aggregate for such advisory 
        committee and such working groups, and $2,500,000 are 
        authorized for such research activities.
          (4) For fiscal year 1998, $4,000,000 of which $75,000 
        are authorized in the aggregate for such advisory 
        committee and such working groups, and $2,500,000 are 
        authorized for such research activities.
                             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 in which the United States is a 
        party; and
          (4) describes actions taken by the Secretary under 
        section 12.

                             CERTIFICATION

    (a) If the Secretary determines that vessels of any nation 
are harvesting fish which are subject to regulation pursuant to 
a recommendation of the Commission and which were taken from 
the convention area in a manner or under circumstances which 
would tend to diminish the effectiveness of the conservation 
recommendations of the Commission, the Secretary shall certify 
such fact to the President.
    (b) Such certification shall be deemed to be a 
certification for the purposes of section 8 of the Fishermen's 
Protective Act (22 U.S.C. 1978).
    (c) Upon certification under subsection (a), the Secretary 
shall promulgate regulations under section 6(c)(4) with respect 
to a nation so certified.
          * * * * * * *
                   Fishermen's Protective Act of 1967

    Sec. 7. (c) The Secretary shall from time to time establish 
by regulation fees which shall be paid by the owners of vessels 
entering into agreements under this section. Such fees shall be 
adequate (1) to recover the costs of administering this 
section, and (2) to cover a reasonable portion of any payments 
made by the Secretary under this section. [The amount fixed by 
the Secretary shall be predicted upon at least 33\1/3\ per 
centum of the contribution by the Government.] All fees 
collected by the Secretary shall be credited to a separate 
account established in the Treasury of the United States which 
shall remain available without fiscal year limitation to carry 
out the provisions of this section. Those fees not currently 
needed for payments under this section shall be kept on deposit 
or invested in obligations of, or guaranteed by, the United 
States and all revenues accruing from such deposits or 
investments shall be credited to such separate account. If a 
transfer of funds is made to the separate account under section 
5(b)(2) ][22 USCS Sec. 1975(b)(2)] with respect to an unpaid 
claim and such claim is later paid, the amount so paid shall be 
covered into the Treasury as miscellaneous receipts. All 
payments under this section shall be made first out of such 
fees so long as they are available, and thereafter out of funds 
which are hereby authorized to be appropriated to such account 
to carry out the provisions of this section.
          * * * * * * *
    (e) The provisions of this section shall be effective until 
[October 1, 1993;] October 1, 2000 except that payments may be 
made under this section only to such extent and in such amounts 
as are provided in advance in appropriation Acts.
          * * * * * * *
    Sec. 11. (a) In any case on or after June 15, 1994, in 
which a vessel of the United States exercising its right of 
passage is charged a fee by the government of a foreign country 
to engage in transit passage between points in the United 
States (including a point in the exclusive economic zone or in 
an area over which jurisdiction is in dispute), and such fee is 
regarded by the United States as being inconsistent with 
international law, the Secretary of State shall reimburse the 
vessel owner for the amount of any such fee paid under protest.
    (b) In seeking such reimbursement, the vessel owner shall 
provide, together with such other information as the Secretary 
of State may require--
          (1) a copy of the receipt for payment;
          (2) an affidavit attesting that the owner or the 
        owner's agent paid the fee under protest; and
          (3) a copy of the vessel's certificate of 
        documentation.
    (c) Requests for reimbursement shall be made to the 
Secretary of State within 120 days after the date of payment of 
the fee, or within 90 days after the date of enactment of this 
section, whichever is later.
    (d) Such funds as may be necessary to meet the requirements 
of this section may be made available from the unobligated 
balances of previously appropriated funds remaining in the 
Fishermen's Guaranty Fund established under section 7 and the 
Fishermen's Protective Fund established under section 9. To the 
extent that requests for reimbursement under this section 
exceed such funds, there are authorized to be appropriated such 
sums as may be needed for reimbursements authorized under 
subsection (a).
    (e) The Secretary of State shall take such action as the 
Secretary deems appropriate to make and collect claims against 
the foreign country imposing such fee for any amounts 
reimbursed under this section.
    (f) For purposes of this section, the term ``owner'' 
includes any charterer of a vessel of the United States.
    (g) This section shall remain in effect until October 1, 
1996.
    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).
              North Pacific Anadromous Stocks Act of 1992

SEC. 803. DEFINITIONS.

    As used in this title, the term--
          (1) ``Anadromous stocks'' means stocks of species 
        listed in the Annex to the Convention that migrate into 
        the Convention area.
          (2) ``Anadromous fish'' means fish of the species 
        listed in the Annex to the Convention that migrate into 
        the Convention area.
          (3) ``Authorized officer'' means a law enforcement 
        official authorized to enforce this title under section 
        809(a).
          (4) ``Commission'' means the North Pacific Anadromous 
        Fish Commission provided for by article VIII of the 
        Convention.
          (5) ``Convention'' means the Convention for the 
        Conservation of Anadromous Stocks of the North Pacific 
        Ocean, signed in Moscow, February 11, 1992.
          (6) ``Convention area'' means the waters of the North 
        Pacific Ocean and its adjacent seas, north of 33 
        degrees North Latitude, beyond 200 nautical miles from 
        the baselines from which the breadth of the territorial 
        sea is measured.
          (7) ``Directed fishing'' means fishing targeted at a 
        particular species or stock of fish.
          (8) ``Ecologically related species'' means living 
        marine species which are associated with anadromous 
        stocks found in the Convention area, including, but not 
        restricted to, both predators and prey of anadromous 
        fish.
          (9) ``Enforcement officer'' means a law enforcement 
        official authorized by any Party to enforce this title.
          (10) ``Exclusive economic zone'' means the zone 
        established by Proclamation Numbered 5030, dated March 
        10, 1983. For purposes of applying this title, the 
        inner boundary of that zone is a line coterminous with 
        the seaward boundary of each of the coastal States.
          (11) ``Fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life 
        other than marine mammals and birds.
          (12) ``Fishing'' means--
                  (A) the catching, taking, or harvesting of 
                fish, or any other activity that can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (B) any operation at sea in preparation for 
                or in direct support of any activity described 
                in subparagraph (A).
          (13) ``Fishing vessel'' means--
                  (A) any vessel engaged in catching fish 
                within the Convention area or in processing or 
                transporting fish loaded in the Convention 
                area;
                  (B) any vessel outfitted to engage in any 
                activity described in subparagraph (A);
                  [(C) any vessel described in subparagraph (A) 
                or (B).]
                  (C) any vessel supporting a vessel described 
                in subparagraph (A) or (B).
          (14) ``Incidental taking'' means catching, taking, or 
        harvesting a species or stock of fish while conducting 
        directed fishing for another species or stock of fish.
          (15) ``Party'' means Canada, Japan, the Russian 
        Federation, the United States, and any other nation 
        that may accede to the Convention.
          (16) ``Secretary'' means the Secretary of State.
          (17) ``United States Section'' means the United 
        States Commissioners of the Commission.
          * * * * * * *

          Central Bering Sea Fisheries Enforcement Act of 1992

SEC. 302. PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND 
                    NATIONALS.

    (a) Prohibition.--Vessels and nationals of the United 
States are prohibited from conducting fishing operations in the 
Central Bering Sea and the Central Sea of Okhotsk, except where 
such fishing operations are conducted in accordance with an 
international fishery agreement to which the United States and 
the Russian Federation are parties.
    (b) Civil Penalties and Permit Sanctions.--A violation of 
this section shall be subject to civil penalties and permit 
sanctions under section 308 of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1858).
          * * * * * * *

SEC. 306. DEFINITIONS.

    In this title, the following definitions apply:
          (1) Central bering sea.--The term ``Central Bering 
        Sea'' means the central Bering Sea area which is more 
        than two hundred nautical miles seaward of the 
        baselines from which the breadth of the territorial 
        seas of the United States and the Russian Federation 
        are measured.
          (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.
          [(2)] (3) Fishing vessel.--The term ``fishing 
        vessel'' means any vessel which is used for--
                  (A) catching, taking, or harvesting fish; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of fishing 
                operations, including preparation, supply, 
                storage, refrigeration, transportation, or 
                processing.
          [(3)] (4) Owns or controls.--When used in reference 
        to a vessel or processing facility--
                  (A) the term ``owns'' means holding legal 
                title to the vessel or processing facility; and
                  (B) the term ``controls'' includes an 
                absolute right to direct the business of the 
                person owning the vessel or processing 
                facility, to limit the actions of or replace 
                the chief executive officer (by whatever 
                title), a majority of the board of directors, 
                or any general partner (as applicable) of such 
                person, to direct the transfer or operations of 
                the vessel or processing facility, or otherwise 
                to exercise authority over the business of such 
                person, but the term does not include the right 
                simply to participate in those activities of 
                such person or the right to receive a financial 
                return, such as interest or the equivalent of 
                interest, on a loan or other financing 
                obligation.
          [(4)] (5) Permitted fishing vessel.--The term 
        ``permitted fishing vessel'' means any fishing vessel 
        that is subject to a permit issued by the Secretary of 
        Commerce under the Magnuson Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
          [(5)] (6) Person.--The term ``person'' means any 
        individual (whether or not a citizen of the United 
        States), any corporation, partnership, association, 
        cooperative, or other entity (whether or not organized 
        under the laws of any State), and any State, local, or 
        foreign government, or any entity of such government or 
        the Federal Government.
          [(6)] (7) Processing facility.--The term ``processing 
        facility'' means any fish processing establishment or 
        fish processing vessel that receives unprocessed fish.
            Marine Mammal Protection Act Amendments of 1994

SEC. 15. TRANSITION RULE; IMPLEMENTING REGULATIONS.

    (a) Transition Rule.--Section 114(a)(1) (16 U.S.C. 
1383a(a)(1)) is amended by striking ``ending [April 1, 1994,] 
May 1, 1994,'' and inserting in lieu thereof ``until superseded 
by regulations prescribed under section 118, or until September 
1, 1995, whichever is earlier,''.
    (b) Implementing Regulations.--Except as provided otherwise 
in this Act, or the amendments to the Marine Mammal Protection 
Act of 1972 (16 U.S.C. 1361 et seq.) made by this Act, the 
Secretary of Commerce or the Secretary of the Interior, as 
appropriate, shall, after notice and opportunity for public 
comment, promulgate regulations to implement this Act and the 
amendments made by this Act by January 1, 1995.