Pub.L. 104-44 To designate the United States Post Office building located at 201 East Pikes Peak Avenue in Colorado Springs, Colorado, as the ``Winfield Scott Stratton Post Office''. <> ...

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                          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 

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