[104th Congress Public Law 43]
[From the U.S. Government Printing Office]


<DOC>
[DOCID: f:publ43.104]

                          FISHERIES ACT OF 1995
Public Law 104-43
104th Congress

                                 An Act


 
 To amend the Fishermen's Protective Act. <<NOTE: Nov. 3, 1995 -  [H.R. 
                                 716]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Fisheries Act of 
1995. Conservation.>> 

SECTION 1. <<NOTE: 16 USC 5501 note.>>  SHORT TITLE.

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

SEC. 2. TABLE OF CONTENTS.

    The Table of contents for this Act is as follows:

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

                  TITLE I--HIGH SEAS FISHING COMPLIANCE

Sec. 101. Short title.
Sec. 102. Purpose.
Sec. 103. Definitions.
Sec. 104. Permitting.
Sec. 105. Responsibilities of the Secretary.
Sec. 106. Unlawful activities.
Sec. 107. Enforcement provisions.
Sec. 108. Civil penalties and permit sanctions.
Sec. 109. Criminal offenses.
Sec. 110. Forfeitures.
Sec. 111. Effective date.

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

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

                TITLE III--ATLANTIC TUNAS CONVENTION ACT

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

                  TITLE IV--FISHERMEN'S PROTECTIVE ACT

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

        TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

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

                      TITLE VI--DRIFTNET MORATORIUM

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

                    TITLE VII--YUKON RIVER SALMON ACT

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

                        TITLE VIII--MISCELLANEOUS

Sec. 801. South Pacific tuna amendment.
Sec. 802. Foreign fishing for Atlantic herring and Atlantic mackerel.

TITLE I <<NOTE: High Seas Fishing Compliance Act of 1995.>> --HIGH SEAS 
FISHING COMPLIANCE

SEC. 101. <<NOTE: 16 USC 5501 note.>>  SHORT TITLE.

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

SEC. 102. <<NOTE: 16 USC 5501.>>  PURPOSE.

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

SEC. 103. <<NOTE: 16 USC 5502.>>  DEFINITIONS.

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

SEC. 104. <<NOTE: 16 USC 5503.>>  PERMITTING.

    (a) In General.--No high seas fishing vessel shall engage in 
harvesting operations on the high seas unless the vessel has on board a 
valid permit issued under this section.
    (b) Eligibility.--
            (1) Any vessel of the United States is eligible to receive a 
        permit under this section, unless the vessel was previously 
        authorized to be used for fishing on the high seas by a foreign 
        nation, and
                    (A) the foreign nation suspended such authorization 
                because the vessel undermined the effectiveness of 
                international conservation and management measures, and 
                the suspension has not expired; or
                    (B) the foreign nation, within the last three years 
                preceding application for a permit under this section, 
                withdrew such authorization because the vessel 
                undermined the effectiveness of international 
                conservation and management measures.
            (2) The restriction in paragraph (1) does not apply if 
        ownership of the vessel has changed since the vessel undermined 
        the effectiveness of international conservation and management 
        measures, and the new owner has provided sufficient evidence to 
        the Secretary demonstrating that the previous owner or operator 
        has no further legal, beneficial or financial interest in, or 
        control of, the vessel.
            (3) The restriction in paragraph (1) does not apply if the 
        Secretary makes a determination that issuing a permit would not 
        subvert the purposes of the Agreement.
            (4) The Secretary may not issue a permit to a vessel unless 
        the Secretary is satisfied that the United States will be able 
        to exercise effectively its responsibilities under the Agreement 
        with respect to that vessel.

    (c) Application.--
            (1) The owner or operator of a high seas fishing vessel may 
        apply for a permit under this section by completing an 
        application form prescribed by the Secretary.
            (2) The application form shall contain--
                    (A) the vessel's name, previous names (if known), 
                official numbers, and port of record;
                    (B) the vessel's previous flags (if any);
                    (C) the vessel's International Radio Call Sign (if 
                any);
                    (D) the names and addresses of the vessel's owners 
                and operators;
                    (E) where and when the vessel was built;
                    (F) the type of vessel;
                    (G) the vessel's length; and
                    (H) any other information the Secretary requires for 
                the purposes of implementing the Agreement.

    (d) Conditions.--The Secretary shall establish such conditions and 
restrictions on each permit issued under this section as are necessary 
and appropriate to carry out the obligations of the United States under 
the Agreement, including but not limited to the following:
            (1) The vessel shall be marked in accordance with the FAO 
        Standard Specifications for the Marking and Identification of 
        Fishing Vessels, or with regulations issued under section 305 of 
        the Magnuson Fishery Conservation and Management Act (16 U.S.C. 
        1855); and
            (2) The permit holder shall report such information as the 
        Secretary by regulation requires, including area of fishing 
        operations and catch statistics. <<NOTE: Regulations.>>  The 
        Secretary shall promulgate regulations concerning conditions 
        under which information submitted under this paragraph may be 
        released.

    (e) Fees.-- <<NOTE: Regulations.>> 
            (1) The Secretary shall by regulation establish the level of 
        fees to be charged for permits issued under this section. The 
        amount of any fee charged for a permit issued under this section 
        shall not exceed the administrative costs incurred in issuing 
        such permits. The permitting fee may be in addition to any fee 
        required under any regional permitting regime applicable to high 
        seas fishing vessels.
            (2) The fees authorized by paragraph (1) shall be collected 
        and credited to the Operations, Research and Facilities account 
        of the National Oceanic and Atmospheric Administration. Fees 
        collected under this subsection shall be available for the 
        necessary expenses of the National Oceanic and Atmospheric 
        Administration in implementing this Act, and shall remain 
        available until expended.

    (f) Duration.--A permit issued under this section is valid for 5 
years. A permit issued under this section is void in the event the 
vessel is no longer eligible for United States documentation, such 
documentation is revoked or denied, or the vessel is deleted from such 
documentation.

SEC. 105. <<NOTE: 16 USC 5504.>>  RESPONSIBILITIES OF THE SECRETARY.

    (a) Record.--The Secretary shall maintain an automated file or 
record of high seas fishing vessels issued permits under section 104, 
including all information submitted under section 104(c)(2).
    (b) Information To FAO.--The Secretary, in cooperation with the 
Secretary of State and the Secretary of the department in which the 
Coast Guard is operating, shall--
            (1) make available to FAO information contained in the 
        record maintained under subsection (a);
            (2) promptly notify FAO of changes in such information;
            (3) promptly notify FAO of additions to or deletions from 
        the record, and the reason for any deletion;
            (4) convey to FAO information relating to any permit granted 
        under section 104(b)(3), including the vessel's identity, owner 
        or operator, and factors relevant to the Secretary's 
        determination to issue the permit;
            (5) report promptly to FAO all relevant information 
        regarding any activities of high seas fishing vessels that 
        undermine the effectiveness of international conservation and 
        management measures, including the identity of the vessels and 
        any sanctions imposed; and
            (6) provide the FAO a summary of evidence regarding any 
        activities of foreign vessels that undermine the effectiveness 
        of international conservation and management measures.

    (c) Information to Flag Nations.--If the Secretary, in cooperation 
with the Secretary of State and the Secretary of the department in which 
the Coast Guard is operating, has reasonable grounds to believe that a 
foreign vessel has engaged in activities undermining the effectiveness 
of international conservation and management measures, the Secretary 
shall--
            (1) provide to the flag nation information, including 
        appropriate evidentiary material, relating to those activities; 
        and
            (2) when such foreign vessel is voluntarily in a United 
        States port, promptly notify the flag nation and, if requested 
        by the flag nation, make arrangements to undertake such lawful 
        investigatory measures as may be considered necessary to 
        establish whether the vessel has been used contrary to the 
        provisions of the Agreement.

    (d) Regulations.--The Secretary, after consultation with the 
Secretary of State and the Secretary of the department in which the 
Coast Guard is operating, may promulgate such regulations, in accordance 
with section 553 of title 5, United States Code, as may be necessary to 
carry out the purposes of the Agreement and this title. The Secretary 
shall coordinate such regulations with any other entities regulating 
high seas fishing vessels, in order to minimize duplication of permit 
application and reporting requirements. To the extent practicable, such 
regulations shall also be consistent with regulations implementing 
fishery management plans under the Magnuson Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).
    (e) <<NOTE: Federal Register, publication.>>  Notice of 
International Conservation and Management Measures.--The Secretary, in 
consultation with the Secretary of State, shall publish in the Federal 
Register, from time to time, a notice listing international conservation 
and management measures recognized by the United States.

SEC. 106. <<NOTE: 16 USC 5505.>>  UNLAWFUL ACTIVITIES.

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

SEC. 107. <<NOTE: 16 USC 5506.>>  ENFORCEMENT PROVISIONS.

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

    (d) Issuance of Citations.--If any authorized officer finds that a 
high seas fishing vessel is operating or has been operated in violation 
of any provision of this title, such officer may issue a citation to the 
owner or operator of such vessel in lieu of proceeding under subsection 
(c). If a permit has been issued pursuant to this title for such vessel, 
such officer shall note the issuance of any citation under this 
subsection, including the date thereof and the reason therefor, on the 
permit. <<NOTE: Records.>>  The Secretary shall maintain a record of all 
citations issued pursuant to this subsection.

    (e) Liability for Costs.--Any person assessed a civil penalty for, 
or convicted of, any violation of this Act shall be liable for the cost 
incurred in storage, care, and maintenance of any living marine resource 
or other property seized in connection with the violation.

SEC. 108. <<NOTE: 16 USC 5507.>>  CIVIL PENALTIES AND PERMIT SANCTIONS.

    (a) Civil Penalties.--
            (1) Any person who is found by the Secretary, after notice 
        and opportunity for a hearing in accordance with section 554 of 
        title 5, United States Code, to have committed an act prohibited 
        by section 106 shall be liable to the United States for a civil 
        penalty. The amount of the civil penalty shall not exceed 
        $100,000 for each violation. Each day of a continuing violation 
        shall constitute a separate offense. The amount of such civil 
        penalty shall be assessed by the Secretary by written notice. In 
        determining the amount of such penalty, the Secretary shall take 
        into account the nature, circumstances, extent, and gravity of 
        the prohibited acts committed and, with respect to the 
        violation, the degree of culpability, any history of prior 
        offenses, and such other matters as justice may require.
            (2) The Secretary may compromise, modify, or remit, with or 
        without conditions, any civil penalty that is subject to 
        imposition or that has been imposed under this section.

    (b) Permit Sanctions.--
            (1) In any case in which--
                    (A) a vessel of the United States has been used in 
                the commission of an act prohibited under section 106;
                    (B) the owner or operator of a vessel or any other 
                person who has been issued or has applied for a permit 
                under section 104 has acted in violation of section 106; 
                or
                    (C) any amount in settlement of a civil forfeiture 
                imposed on a high seas fishing vessel or other property, 
                or any civil penalty or criminal fine imposed on a high 
                seas fishing vessel or on an owner or operator of such a 
                vessel or on any other person who has been issued or has 
                applied for a permit under any fishery resource statute 
                enforced by the Secretary, has not been paid and is 
                overdue, the Secretary may--
                          (i) revoke any permit issued to or applied for 
                      by such vessel or person under this title, with or 
                      without prejudice to the issuance of subsequent 
                      permits;
                          (ii) suspend such permit for a period of time 
                      considered by the Secretary to be appropriate;
                          (iii) deny such permit; or
                          (iv) impose additional conditions and 
                      restrictions on such permit.
            (2) In imposing a sanction under this subsection, the 
        Secretary shall take into account--
                    (A) the nature, circumstances, extent, and gravity 
                of the prohibited acts for which the sanction is 
                imposed; and
                    (B) with respect to the violator, the degree of 
                culpability, any history of prior offenses, and such 
                other matters as justice may require.
            (3) Transfer of ownership of a high seas fishing vessel, by 
        sale or otherwise, shall not extinguish any permit sanction that 
        is in effect or is pending at the time of transfer of ownership. 
        Before executing the transfer of ownership of a vessel, by sale 
        or otherwise, the owner shall disclose in writing to the 
        prospective transferee the existence of any permit sanction that 
        will be in effect or pending with respect to the vessel at the 
        time of the transfer. The Secretary may waive or compromise a 
        sanction in the case of a transfer pursuant to court order.
            (4) In the case of any permit that is suspended under this 
        subsection for nonpayment of a civil penalty or criminal fine, 
        the Secretary shall reinstate the permit upon payment of the 
        penalty or fine and interest thereon at the prevailing rate.
            (5) No sanctions shall be imposed under this subsection 
        unless there has been prior opportunity for a hearing on the 
        facts underlying the violation for which the sanction is 
        imposed, either in conjunction with a civil penalty proceeding 
        under this section or otherwise.

    (c) Hearing.--For the purposes of conducting any hearing under this 
section, the Secretary may issue subpoenas for the attendance and 
testimony of witnesses and the production of relevant papers, books, and 
documents, and may administer oaths. Witnesses summoned shall be paid 
the same fees and mileage that are paid to witnesses in the courts of 
the United States. In case of contempt or refusal to obey a subpoena 
served upon any person pursuant to this subsection, the district court 
of the United States for any district in which such person is found, 
resides, or transacts business, upon application by the United States 
and after notice to such person, shall have jurisdiction to issue an 
order requiring such person to appear and give testimony before the 
Secretary or to appear and produce documents before the Secretary, or 
both, and any failure to obey such order of the court may be punished by 
such court as a contempt thereof.
    (d) Judicial Review.--Any person against whom a civil penalty is 
assessed under subsection (a) or against whose vessel a permit sanction 
is imposed under subsection (b) (other than a permit suspension for 
nonpayment of penalty or fine) may obtain review thereof in the United 
States district court for the appropriate district by filing a complaint 
against the Secretary in such court within 30 days from the date of such 
penalty or sanction. The Secretary shall promptly file in such court a 
certified copy of the record upon which such penalty or sanction was 
imposed, as provided in section 2112 of title 28, United States Code. 
The findings and order of the Secretary shall be set aside by such court 
if they are not found to be supported by substantial evidence, as 
provided in section 706(2) of title 5, United States Code.
    (e) Collection.--
            (1) If any person fails to pay an assessment of a civil 
        penalty after it has become a final and unappealable order, or 
        after the appropriate court has entered final judgment in favor 
        of the Secretary, the matter shall be referred to the Attorney 
        General, who shall recover the amount assessed in any 
        appropriate district court of the United States. In such action 
        the validity and appropriateness of the final order imposing the 
        civil penalty shall not be subject to review.
            (2) A high seas fishing vessel (including its fishing gear, 
        furniture, appurtenances, stores, and cargo) used in the 
        commission of an act prohibited by section 106 shall be liable 
        in rem for any civil penalty assessed for such violation under 
        subsection (a) and may be proceeded against in any district 
        court of the United States having jurisdiction thereof. Such 
        penalty shall constitute a maritime lien on such vessel that may 
        be recovered in an action in rem in the district court of the 
        United States having jurisdiction over the vessel.

SEC. 109. <<NOTE: 16 USC 5508.>>  CRIMINAL OFFENSES.

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

SEC. 110. <<NOTE: 16 USC 5509.>>  FORFEITURES.

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

shall apply to seizures and forfeitures incurred, or alleged to have 
been incurred, under the provisions of this title, unless such 
provisions are inconsistent with the purposes, policy, and provisions of 
this title.
    (d) Procedure.--
            (1) Any officer authorized to serve any process in rem that 
        is issued by a court under section 107(b) shall--
                    (A) stay the execution of such process; or
                    (B) discharge any living marine resources seized 
                pursuant to such process;
        upon receipt of a satisfactory bond or other security from any 
        person claiming such property. Such bond or other security shall 
        be conditioned upon such person delivering such property to the 
        appropriate court upon order thereof, without any impairment of 
        its value, or paying the monetary value of such property 
        pursuant to an order of such court. Judgment shall be 
        recoverable on such bond or other security against both the 
        principal and any sureties in the event that any condition 
        thereof is breached, as determined by such court.
            (2) Any living marine resources seized pursuant to this 
        title may be sold, subject to the approval of the appropriate 
        court, for not less than the fair market value thereof. The 
        proceeds of any such sale shall be deposited with such court 
        pending the disposition of the matter involved.

    (e) Rebuttable Presumption.--For purposes of this section, all 
living marine resources found on board a high seas fishing vessel and 
which are seized in connection with an act prohibited by section 106 are 
presumed to have been taken or retained in violation of this title, but 
the presumption can be rebutted by an appropriate showing of evidence to 
the contrary.

SEC. 111. <<NOTE: 16 USC 5501 note.>>  EFFECTIVE DATE.

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

    TITLE II <<NOTE: Northwest Atlantic Fisheries Convention Act of 
     1995.>> --IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

SEC. 201. <<NOTE: 16 USC 5601 note.>>  SHORT TITLE.

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

SEC. 202. <<NOTE: 16 USC 5601.>>  REPRESENTATION OF UNITED STATES UNDER 
            CONVENTION.

    (a) Commissioners.--
            (1) Appointments, generally.--The Secretary shall appoint 
        not more than 3 individuals to serve as the representatives of 
        the United States on the General Council and the Fisheries 
        Commission, who shall each--
                    (A) be known as a ``United States Commissioner to 
                the Northwest Atlantic Fisheries Organization''; and
                    (B) serve at the pleasure of the Secretary.
            (2) Requirements for appointments.--
                    (A) The Secretary shall ensure that of the 
                individuals serving as Commissioners--
                          (i) at least 1 is appointed from among 
                      representatives of the commercial fishing 
                      industry;
                          (ii) 1 (but no more than 1) is an official of 
                      the Government; and
                          (iii) 1, other than the individual appointed 
                      under clause (ii), is a voting member of the New 
                      England Fishery Management Council.
                    (B) The Secretary may not appoint as a Commissioner 
                an individual unless the individual is knowledgeable and 
                experienced concerning the fishery resources to which 
                the Convention applies.
            (3) Terms.--
                    (A) The term of an individual appointed as a 
                Commissioner--
                          (i) shall be specified by the Secretary at the 
                      time of appointment; and
                          (ii) may not exceed 4 years.
                    (B) An individual who is not a Government official 
                may not serve more than 2 consecutive terms as a 
                Commissioner.

    (b) Alternate Commissioners.--
            (1) Appointment.--The Secretary may, for any anticipated 
        absence of a duly appointed Commissioner at a meeting of the 
        General Council or the Fisheries Commission, designate an 
        individual to serve as an Alternate Commissioner.
            (2) Functions.--An Alternate Commissioner may exercise all 
        powers and perform all duties of the Commissioner for whom the 
        Alternate Commissioner is designated, at any meeting of the 
        General Council or the Fisheries Commission for which the 
        Alternate Commissioner is designated.

    (c) Representatives.--
            (1) Appointment.--The Secretary shall appoint not more than 
        3 individuals to serve as the representatives of the United 
        States on the Scientific Council, who shall each be known as a 
        ``United States Representative to the Northwest Atlantic 
        Fisheries Organization Scientific Council''.
            (2) Eligibility for appointment.--
                    (A) The Secretary may not appoint an individual as a 
                Representative unless the individual is knowledgeable 
                and experienced concerning the scientific issues dealt 
                with by the Scientific Council.
                    (B) The Secretary shall appoint as a Representative 
                at least 1 individual who is an official of the 
                Government.
            (3) Term.--An individual appointed as a Representative--
                    (A) shall serve for a term of not to exceed 4 years, 
                as specified by the Secretary at the time of 
                appointment;
                    (B) may be reappointed; and
                    (C) shall serve at the pleasure of the Secretary.

    (d) Alternate Representatives.--
            (1) Appointment.--The Secretary may, for any anticipated 
        absence of a duly appointed Representative at a meeting of the 
        Scientific Council, designate an individual to serve as an 
        Alternate Representative.
            (2) Functions.--An Alternate Representative may exercise all 
        powers and perform all duties of the Representative for whom the 
        Alternate Representative is designated, at any meeting of the 
        Scientific Council for which the Alternate Representative is 
        designated.

    (e) Experts and Advisers.--The Commissioners, Alternate 
Commissioners, Representatives, and Alternate Representatives may be 
accompanied at meetings of the Organization by experts and advisers.
    (f) Coordination and Consultation.--
            (1) In general.--In carrying out their functions under the 
        Convention, Commissioners, Alternate Commissioners, 
        Representatives, and Alternate Representatives shall--
                    (A) coordinate with the appropriate Regional Fishery 
                Management Councils established by section 302 of the 
                Magnuson Act (16 U.S.C. 1852); and
                    (B) consult with the committee established under 
                section 208.
            (2) Relationship to other law.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to coordination 
        and consultations under this subsection.

SEC. 203. <<NOTE: 16 USC 5602.>>  REQUESTS FOR SCIENTIFIC ADVICE.

    (a) Restriction.--The Representatives may not make a request or 
specification described in subsection (b) (1) or (2), respectively, 
unless the Representatives have first--
            (1) consulted with the appropriate Regional Fishery 
        Management Councils; and
            (2) received the consent of the Commissioners for that 
        action.

    (b) Requests and Terms of Reference Described.--The requests and 
specifications referred to in subsection (a) are, respectively--
            (1) any request, under Article VII(1) of the Convention, 
        that the Scientific Council consider and report on a question 
        pertaining to the scientific basis for the management and 
        conservation of fishery resources in waters under the 
        jurisdiction of the United States within the Convention Area; 
        and
            (2) any specification, under Article VIII(2) of the 
        Convention, of the terms of reference for the consideration of a 
        question referred to the Scientific Council pursuant to Article 
        VII(1) of the Convention.

SEC. 204. <<NOTE: 16 USC 5603.>>  AUTHORITIES OF SECRETARY OF STATE WITH 
            RESPECT TO CONVENTION.

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

SEC. 205. <<NOTE: 16 USC 5604.>>  INTERAGENCY COOPERATION.

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

SEC. 206. <<NOTE: 16 USC 5605.>>  RULEMAKING.

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

SEC. 207. <<NOTE: 16 USC 5606.>>  PROHIBITED ACTS AND PENALTIES.

    (a) Prohibition.--It is unlawful for any person or vessel that is 
subject to the jurisdiction of the United States--
            (1) to violate any regulation issued under this title or any 
        measure that is legally binding on the United States under the 
        Convention;
            (2) to refuse to permit any authorized enforcement officer 
        to board a fishing vessel that is subject to the person's 
        control for purposes of conducting any search or inspection in 
        connection with the enforcement of this title, any regulation 
        issued under this title, or any measure that is legally binding 
        on the United States under the Convention;
            (3) forcibly to assault, resist, oppose, impede, intimidate, 
        or interfere with any authorized enforcement officer in the 
        conduct of any search or inspection described in paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by this 
        section;
            (5) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fish taken or retained in violation of this section; or
            (6) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that the other 
        person has committed an act prohibited by this section.

    (b) Civil Penalty.--Any person who commits any act that is unlawful 
under subsection (a) shall be liable to the United States for a civil 
penalty, or may be subject to a permit sanction, under section 308 of 
the Magnuson Act (16 U.S.C. 1858).
    (c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall 
be guilty of an offense punishable under section 309(b) of the Magnuson 
Act (16 U.S.C. 1859(b)).
    (d) Civil Forfeitures.--
            (1) In general.--Any vessel (including its gear, furniture, 
        appurtenances, stores, and cargo) used in the commission of an 
        act that is unlawful under subsection (a), and any fish (or the 
        fair market value thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any act that 
        is unlawful under subsection (a), shall be subject to seizure 
        and forfeiture as provided in section 310 of the Magnuson Act 
        (16 U.S.C. 1860).
            (2) Disposal <<NOTE: Regulations.>>  of fish.--Any fish 
        seized pursuant to this title may be disposed of pursuant to the 
        order of a court of competent jurisdiction or, if perishable, in 
        a manner prescribed by regulations issued by the Secretary.

    (e) Enforcement.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating shall enforce the provisions of 
this title and shall have the authority specified in sections 311 (a), 
(b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and 
(c)) for that purpose.

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

SEC. 208. <<NOTE: 16 USC 5607.>>  CONSULTATIVE COMMITTEE.

    (a) Establishment.--The Secretary of State and the Secretary, shall 
jointly establish a consultative committee to advise the Secretaries on 
issues related to the Convention.
    (b) Membership.--
            (1) The membership of the Committee shall include 
        representatives from the New England and Mid-Atlantic Fishery 
        Management Councils, the States represented on those Councils, 
        the Atlantic States Marine Fisheries Commission, the fishing 
        industry, the seafood processing industry, and others 
        knowledgeable and experienced in the conservation and management 
        of fisheries in the Northwest Atlantic Ocean.
            (2) Terms and Reappointment.--Each member of the 
        consultative committee shall serve for a term of two years and 
        shall be eligible for reappointment.

    (c) Duties of the Committee.--Members of the consultative committee 
may attend--
            (1) all public meetings of the General Council or the 
        Fisheries Commission;
            (2) any other meetings to which they are invited by the 
        General Council or the Fisheries Commission; and
            (3) all nonexecutive meetings of the United States 
        Commissioners.

    (d) Relationship to Other Law.--The Federal Advisory Committee Act 
(5 U.S.C. App.) shall not apply to the consultative committee 
established under this section.

SEC. 209. <<NOTE: 16 USC 5608.>>  ADMINISTRATIVE MATTERS.

    (a) Prohibition on Compensation.--A person shall not receive any 
compensation from the Government by reason of any service of the person 
as--
            (1) a Commissioner, Alternate Commissioner, Representative, 
        or Alternative Representative;
            (2) an expert or adviser authorized under section 202(e); or
            (3) a member of the consultative committee established by 
        section 208.

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

SEC. 210. <<NOTE: 16 USC 5609.>>  DEFINITIONS.

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

SEC. 211. <<NOTE: 16 USC 5610.>>  AUTHORIZATION OF APPROPRIATIONS.

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

    TITLE III <<NOTE: Atlantic Tunas Convention Authorization Act of 
1995.>> --ATLANTIC TUNAS CONVENTION ACT

SEC. 301. <<NOTE: 16 USC 971 note.>>  SHORT TITLE.

    This title may be cited as the ``Atlantic Tunas Convention 
Authorization Act of 1995''.

SEC. 302. RESEARCH AND MONITORING ACTIVITIES.

    (a) Report to Congress.--The Secretary of Commerce shall, within 90 
days after the date of enactment of this Act, submit a report to the 
Committee on Commerce, Science, and Transportation of the Senate and the 
Committee on Resources of the House of Representatives--
            (1) identifying current governmental and nongovernmental 
        research and monitoring activities on Atlantic bluefin tuna and 
        other highly migratory species;
            (2) describing the personnel and budgetary resources 
        allocated to such activities; and
            (3) explaining how each activity contributes to the 
        conservation and management of Atlantic bluefin tuna and other 
        highly migratory species.

    (b) Research and Monitoring Program.--Section 3 of the Act of 
September 4, 1980 (16 U.S.C. 971i) is amended--
            (1) by amending the section heading to read as follows:

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

            (2) by striking the last sentence;
            (3) by inserting ``(a) Biennial Report on Bluefin Tuna.--'' 
        before ``The Secretary of Commerce shall''; and
            (4) by adding at the end the following:

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

SEC. 303. DEFINITIONS.

    Section 2 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971) is amended--
            (1) by designating paragraphs (3) through (10) as (4) 
        through (11), respectively, and inserting after paragraph (2) 
        the following:
            ``(3) The term `conservation recommendation' means any 
        recommendation of the Commission made pursuant to Article VIII 
        of the Convention and acted upon favorably by the Secretary of 
        State under section 5(a) of this Act.'';
            (2) by striking paragraph (5), as redesignated, and 
        inserting the following:
            ``(4) The term `exclusive economic zone' means an exclusive 
        economic zone as defined in section 3 of the Magnuson Fishery 
        Conservation and Management Act (16 U.S.C. 1802).''; and
            (3) <<NOTE: 16 USC 971c, 971d.>>  by striking ``fisheries 
        zone'' wherever it appears in the Atlantic Tunas Convention Act 
        of 1975 (16 U.S.C. 971 et seq.) and inserting ``exclusive 
        economic zone''.

SEC. 304. ADVISORY COMMITTEE PROCEDURES.

    Section 4 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971b) is amended--
            (1) by inserting ``(a)'' before ``There''; and
            (2) by adding at the end the following:

    ``(b)(1) A majority of the members of the advisory committee shall 
constitute a quorum, but one or more such members designated by the 
advisory committee may hold meetings to provide for public participation 
and to discuss measures relating to the United States implementation of 
Commission recommendations.
    ``(2) The advisory committee shall elect a Chairman for a 2-year 
term from among its members.
    ``(3) The advisory committee shall meet at appropriate times and 
places at least twice a year, at the call of the Chairman or upon the 
request of the majority of its voting members, the United States 
Commissioners, the Secretary, or the Secretary of State. 
Meetings <<NOTE: Public information.>>  of the advisory committee, 
except when in executive session, shall be open to the public, and prior 
notice of meetings shall be made public in a timely fashion.

    ``(4)(A) The Secretary shall provide to the advisory committee in a 
timely manner such administrative and technical support services as are 
necessary for the effective functioning of the committee.
    ``(B) The Secretary and the Secretary of State shall furnish the 
advisory committee with relevant information concerning fisheries and 
international fishery agreements.
    ``(5) The advisory committee shall determine its organization, and 
prescribe its practices and procedures for carrying out its functions 
under this Act, the Magnuson Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.), and the Convention. 
The <<NOTE: Publication. Public information.>>  advisory committee shall 
publish and make available to the public a statement of its 
organization, practices, and procedures.

    ``(6) The advisory committee shall, to the maximum extent 
practicable, consist of an equitable balance among the various groups 
concerned with the fisheries covered by the Convention and shall not be 
subject to the Federal Advisory Committee Act (5 U.S.C. App.).''.

SEC. 305. REGULATIONS AND ENFORCEMENT OF CONVENTION.

    Section 6(c) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971d(c)) is amended--
            (1) by inserting ``and other measures'' after 
        ``regulations'' in the section caption;
            (2) by inserting ``or fishing mortality level'' after 
        ``quota of fish'' in the last sentence of paragraph (3); and
            (3) by inserting the following after paragraph (5):
            ``(6) Identification and notification.--
                    ``(A) Not later than July 1, 1996, and annually 
                thereafter, the Secretary, in consultation with the 
                Secretary of State, the Commissioners, and the advisory 
                committee, shall--
                          ``(i) identify those nations whose fishing 
                      vessels are fishing, or have fished during the 
                      preceding calendar year, within the convention 
                      area in a manner or under circumstances that 
                      diminish the effectiveness of a conservation 
                      recommendation;
                          ``(ii) notify the President and the nation so 
                      identified, including an explanation of the 
                      reasons therefor; and
                          ``(iii) <<NOTE: Publication.>>  publish a list 
                      of those Nations identified under subparagraph 
                      (A).
                In identifying those Nations, the Secretary shall 
                consider, based on the best available information, 
                whether those Nations have measures in place for 
                reporting, monitoring, and enforcement, and whether 
                those measures diminish the effectiveness of any 
                conservation recommendation.
            ``(7) Consultation.--Not later than 30 days after a Nation 
        is notified under paragraph (6), the President may enter into 
        consultations with the Government of that Nation for the purpose 
        of obtaining an agreement that will--
                    ``(A) effect the immediate termination and prevent 
                the resumption of any fishing operation by vessels of 
                that Nation within the Convention area which is 
                conducted in a manner or under circumstances that 
                diminish the effectiveness of the conservation 
                recommendation;
                    ``(B) when practicable, require actions by that 
                Nation, or vessels of that Nation, to mitigate the 
                negative impacts of fishing operations on the 
                effectiveness of the conservation recommendation 
                involved, including but not limited to, the imposition 
                of subsequent-year deductions for quota overages; and
                    ``(C) result in the establishment, if necessary, by 
                such Nation of reporting, monitoring, and enforcement 
                measures that are adequate to ensure the effectiveness 
                of conservation recommendations.''.

SEC. 306. FINES AND PERMIT SANCTIONS.

    Section 7(e) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971(e)) <<NOTE: 16 USC 971e.>>  is amended to read as follows:

    ``(e) The civil penalty and permit sanctions of section 308 of the 
Magnuson Fishery Conservation and Management Act (16 U.S.C. 1858) are 
hereby made applicable to violations of this section as if they were 
violations of section 307 of that Act.''.

SEC. 307. AUTHORIZATION OF APPROPRIATIONS.

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

                    ``AUTHORIZATION OF APPROPRIATIONS

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

SEC. 308. REPORT AND SAVINGS CLAUSE.

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

``Sec. 11. <<NOTE: 16 USC 971j.>>  Annual report

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

``Sec. 12. <<NOTE: 16 USC 971k.>>  Savings clause

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

SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.

    (a) <<NOTE: Publication.>>  Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Commerce in accordance with 
this section shall publish a preliminary determination of the level of 
the United States recreational and commercial catch of Atlantic 
yellowfin tuna on an annual basis since 1980. <<NOTE: Federal Register, 
publication.>>  The Secretary shall publish a preliminary determination 
in the Federal Register for comment for a period not to exceed 60 days. 
The Secretary shall publish a final determination not later than 140 
days from the date of the enactment of this section.

    (b) <<NOTE: 16 USC 971c note.>>  Not later than July 1, 1996, the 
Secretary of Commerce shall implement the recommendations of the 
International Commission for the Conservation of Atlantic Tunas 
regarding yellowfin tuna made pursuant to Article VIII of the 
International Convention for the Conservation of Atlantic Tunas and 
acted upon favorably by the Secretary of State under section 5(a) of the 
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971c(a)).

<<NOTE: Reports.>> SEC. 310. STUDY OF BLUEFIN TUNA REGULATIONS.

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

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

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

                  TITLE IV--FISHERMEN'S PROTECTIVE ACT

SEC. 401. <<NOTE: 22 USC 1980a note.>>  FINDINGS.

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

SEC. 402. AMENDMENT TO THE FISHERMEN'S PROTECTIVE ACT OF 1967.

    (a) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 et seq.) 
is amended by adding at the end the following new section:
    ``Sec. 11. <<NOTE: 22 USC 1980a.>>  (a) In any case on or after June 
15, 1994, in which a vessel of the United States exercising its right of 
passage is charged a fee by the government of a foreign country to 
engage in transit passage between points in the United States (including 
a point in the exclusive economic zone or in an area over which 
jurisdiction is in dispute), and such fee is regarded by the United 
States as being inconsistent with international law, the Secretary of 
State shall, subject to the availability of appropriated funds, 
reimburse the vessel owner for the amount of any such fee paid under 
protest.

    ``(b) In seeking such reimbursement, the vessel owner shall provide, 
together with such other information as the Secretary of State may 
require--
            ``(1) a copy of the receipt for payment;
            ``(2) an affidavit attesting that the owner or the owner's 
        agent paid the fee under protest; and
            ``(3) a copy of the vessel's certificate of documentation.

    ``(c) Requests for reimbursement shall be made to the Secretary of 
State within 120 days after the date of payment of the fee, or within 90 
days after the date of enactment of this section, whichever is later.
    ``(d) Such funds as may be necessary to meet the requirements of 
this section may be made available from the unobligated balance of 
previously appropriated funds remaining in the Fishermen's Protective 
Fund established under section 9. To the extent that requests for 
reimbursement under this section exceed such funds, there are authorized 
to be appropriated such sums as may be needed for reimbursements 
authorized under subsection (a), which shall be deposited in the 
Fishermen's Protective Fund established under section 9.
    ``(e) <<NOTE: Claims.>>  The Secretary of State shall take such 
action as the Secretary deems appropriate to make and collect claims 
against the foreign country imposing such fee for any amounts reimbursed 
under this section.

    ``(f) For purposes of this section, the term `owner' includes any 
charterer of a vessel of the United States.''.
    (b) The Fishermen's Protective Act of 1967 (22 U.S.C. 1971 et seq.) 
is further amended by adding at the end the following:
    ``Sec. 12. <<NOTE: Certification. 22 USC 1980b.>>  (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) <<NOTE: President.>>  Upon receipt of a certification under 
subsection (a), the President shall direct the heads of Federal agencies 
to impose similar conditions on the operation or transit of fishing 
vessels registered under the laws of the nation which has imposed 
conditions on United States fishing vessels.

    ``(c) For the purposes of this section, the term `fishing vessel' 
has the meaning given that term in section 2101(11a) of title 46, United 
States Code.
    ``(d) It is the sense of the Congress that any action taken by any 
Federal agency under subsection (b) should be commensurate with any 
conditions certified by the Secretary of State under subsection (a).''.
    (c) Notwithstanding any other provision of law, the Secretary of 
State shall reimburse the owner of any vessel of the United States for 
costs incurred due to the seizure of such vessel in 1994 by Canada on 
the basis of a claim to jurisdiction over sedentary species which was 
not recognized by the United States at the time of such seizure. Any 
such reimbursement shall cover, in addition to amounts reimbursable 
under section 3 of the Fishermen's Protective Act of 1967 (22 U.S.C. 
1973), legal fees and travel costs incurred by the owner of any such 
vessel that were necessary to secure the prompt release of the vessel 
and crew. Total reimbursements under this subsection may not exceed 
$25,000 and may be made available from the unobligated balances of 
previously appropriated funds remaining in the Fishermen's Protective 
Fund established under section 9 of the Fishermen's Protective Act (22 
U.S.C. 1979).

SEC. 403. REAUTHORIZATION.

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

SEC. 404. TECHNICAL CORRECTIONS.

    (a)(1) Section 15(a) of Public Law 103-238 <<NOTE: 16 USC 1383a.>>  
is amended by striking ``April 1, 1994,'' and inserting ``May 1, 
1994.''.

    (2) <<NOTE: Effective date. 16 USC 1383a note.>>  The amendment made 
by paragraph (1) shall be effective on and after April 30, 1994.

    (b) Section 803(13)(C) of Public Law 102-567 (16 U.S.C. 5002(13)(C)) 
is amended to read as follows:
                    ``(C) any vessel supporting a vessel described in 
                subparagraph (A) or (B).''.

 TITLE V <<NOTE: Sea of Okhotsk Fisheries Enforcement Act of 1995.>> --
FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

SEC. 501. <<NOTE: 16 USC 1823 note.>>  SHORT TITLE.

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

SEC. 502. FISHING PROHIBITION.

    (a) Addition of Central Sea of Okhotsk.--Section 302 of the Central 
Bering Sea Fisheries Enforcement Act of 1992 (16 U.S.C. 1823 note) is 
amended by inserting ``and the Central Sea of Okhotsk'' after ``Central 
Bering Sea''.
    (b) <<NOTE: 16 USC 1823 note.>>  Definition.--Section 306 of such 
Act is amended--
            (1) by redesignating paragraphs (2), (3), (4), (5), and (6) 
        as paragraphs (3), (4), (5), (6), and (7), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) Central sea of okhotsk.--The term `Central Sea of 
        Okhotsk' means the Central Sea of Okhotsk area which is more 
        than two hundred nautical miles seaward of the baseline from 
        which the breadth of the territorial sea of the Russian 
        Federation is measured.''.

   TITLE VI <<NOTE: High Seas Driftnet Fishing Moratorium Protection 
Act.>> --DRIFTNET MORATORIUM

SEC. 601. <<NOTE: 16 USC 1801 note.>>  SHORT TITLE.

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

SEC. 602. <<NOTE: 16 USC 1826d note.>>  FINDINGS.

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

SEC. 603. <<NOTE: 16 USC 1826d.>>  PROHIBITION.

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

SEC. 604. <<NOTE: 16 USC 1826e.>>  NEGOTIATIONS.

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

SEC. 605. <<NOTE: 16 USC 1826f.>>  CERTIFICATION.

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

SEC. 606. <<NOTE: President. 16 USC 1826g.>>  ENFORCEMENT.

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

    TITLE VII <<NOTE: Yukon River Salmon Act of 1995. International 
agreements. Canada.>> --YUKON RIVER SALMON ACT

SEC. 701. <<NOTE: 16 USC 5701 note.>>  SHORT TITLE.

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

SEC. 702. <<NOTE: 16 USC 5701.>>  PURPOSES.

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

SEC. 703. <<NOTE: 16 USC 5702.>>  DEFINITIONS.

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

SEC. 704. <<NOTE: 16 USC 5703.>>  PANEL.

    (a) Representation.--The United States shall be represented on the 
Panel by six individuals, of whom--
            (1) one shall be an official of the United States Government 
        with expertise in salmon conservation and management;
            (2) <<NOTE: Alaska.>>  one shall be an official of the State 
        of Alaska with expertise in salmon conservation and management; 
        and
            (3) four shall be knowledgeable and experienced with regard 
        to the salmon fisheries on the Yukon River.

    (b) Appointments.--Panel members shall be appointed as follows:
            (1) The Panel member described in subsection (a)(1) shall be 
        appointed by the Secretary of State.
            (2) The Panel member described in subsection (a)(2) shall be 
        appointed by the Governor of Alaska.
            (3) The Panel members described in subsection (a)(3) shall 
        be appointed by the Secretary of State from a list of at least 3 
        individuals nominated for each position by the Governor of 
        Alaska. The Governor of Alaska may consider suggestions for 
        nominations provided by organizations with expertise in Yukon 
        River salmon fisheries. The Governor of Alaska may make 
        appropriate nominations to allow for, and the Secretary of State 
        shall appoint, at least one member under subsection (a)(3) who 
        is qualified to represent the interests of Lower Yukon River 
        fishing districts, and at least one member who is qualified to 
        represent the interests of Upper Yukon River fishing districts. 
        At least one of the Panel members under subsection (a)(3) shall 
        be an Alaska Native.

    (c) Alternates.--The Secretary of State may designate an alternate 
Panel member for each Panel member the Secretary appoints under 
subsections (b) (1) and (3), who meets the same qualifications, to serve 
in the absence of the Panel member. The Governor of the State of Alaska 
may designate an alternative Panel member for the Panel member appointed 
under subsection (b)(2), who meets the same qualifications, to serve in 
the absence of that Panel member.
    (d) Term Length.--Panel members and alternate Panel members shall 
serve four-year terms. Any individual appointed to fill a vacancy 
occurring before the expiration of any term shall be appointed for the 
remainder of that term.
    (e) Reappointment.--Panel members and alternate Panel members shall 
be eligible for reappointment.
    (f) Decisions.--Decisions by the United States section of the Panel 
shall be made by the consensus of the Panel members appointed under 
paragraphs (2) and (3) of subsection (a).
    (g) Consultation.--In carrying out their functions under the 
Agreement, Panel members may consult with such other interested parties 
as they consider appropriate.

SEC. 705. <<NOTE: 16 USC 5704.>>  ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may appoint an Advisory 
Committee of not less than eight, but not more than twelve, individuals 
who are knowledgeable and experienced with regard to the salmon 
fisheries on the Yukon River. <<NOTE: Alaska.>>  At least 2 of the 
Advisory Committee members shall be Alaska Natives. Members of the 
Advisory Committee may attend all meetings of the United States section 
of the Panel, and shall be given the opportunity to examine and be heard 
on any matter under consideration by the United States section of the 
Panel.

    (b) Compensation.--The members of such Advisory Committee shall 
receive no compensation for their services.
    (c) Term Length.--Advisory Committee members shall serve two-year 
terms. Any individual appointed to fill a vacancy occurring before the 
expiration of any term shall be appointed for the remainder of that 
term.
    (d) Reappointment.--Advisory Committee members shall be eligible for 
reappointment.

SEC. 706. <<NOTE: 16 USC 5705.>>  EXEMPTION.

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

SEC. 707. <<NOTE: 16 USC 5706.>>  AUTHORITY AND RESPONSIBILITY.

    (a) <<NOTE: Alaska.>>  Responsible Management Entity.--The State of 
Alaska Department of Fish and Game shall be the responsible management 
entity for the United States for the purposes of the Agreement.

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

SEC. 708. <<NOTE: 16 USC 5707.>>  CONTINUATION OF AGREEMENT.

    In the event that the Treaty between Canada and the United States of 
America concerning Pacific Salmon, signed at Ottawa, January 28, 1985, 
terminates prior to the termination of the Agreement, and the functions 
of the Panel are assumed by the ``Yukon River Salmon Commission'' 
referenced in the Agreement, the provisions of this title which apply to 
the Panel shall thereafter apply to the Yukon River Salmon Commission, 
and the other provisions of this title shall remain in effect.

SEC. 709. <<NOTE: 16 USC 5708.>>  ADMINISTRATIVE MATTERS.

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

SEC. 710. <<NOTE: 16 USC 5709.>>  AUTHORIZATION OF APPROPRIATIONS.

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

                        TITLE VIII--MISCELLANEOUS

SEC. 801. <<NOTE: Dolphins. Marine mammals.>>  SOUTH PACIFIC TUNA 
            AMENDMENT.

    Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 973g) is 
amended by adding at the end thereof the following:
    ``(h) Notwithstanding the requirements of--
            ``(1) section 1 of the Act of August 26, 1983 (97 Stat. 587; 
        46 U.S.C. 12108);
            ``(2) the general permit issued on December 1, 1980, to the 
        American Tunaboat Association under section 104(h)(1) of the 
        Marine Mammal Protection Act (16 U.S.C. 1374(h)(1)); and
            ``(3) sections 104(h)(2) and 306(a) of the Marine Mammal 
        Protection Act (16 U.S.C. 1374(h)(2) and 1416(a))--

any vessel documented under the laws of the United States as of the date 
of enactment of the Fisheries Act of 1995 for which a license has been 
issued under subsection (a) may fish for tuna in the Treaty Area, 
including those waters subject to the jurisdiction of the United States 
in accordance with international law, subject to the provisions of the 
treaty and this Act, provided that no such vessel fishing in the Treaty 
Area intentionally deploys a purse seine net to encircle any dolphin or 
other marine mammal in the course of fishing under the provisions of the 
Treaty or this Act.''.

SEC. 802. <<NOTE: 16 USC 1821 note.>>  FOREIGN FISHING FOR ATLANTIC 
            HERRING AND ATLANTIC MACKEREL.

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

    Approved November 3, 1995.

LEGISLATIVE HISTORY--H.R. 716 (S. 267):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 104-47 (Comm. on Resources).
SENATE REPORTS: No. 104-91 accompanying S. 267 (Comm. on Commerce, 
Science, and Transportation).
CONGRESSIONAL RECORD, Vol. 141 (1995):
            Apr. 3, considered and passed House.
            June 30, considered and passed Senate, amended, in lieu of 
                S. 267.
            Oct. 25, House concurred in Senate amendment.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 31 (1995):
            Nov. 3, Presidential statement.

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