[JPRT, 111th Congress]
[From the U.S. Government Printing Office]


 
                      COMMITTEE ON FOREIGN AFFAIRS 
                     COMMITTEE ON FOREIGN RELATIONS 

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     
                         JOINT COMMITTEE PRINT

                               JUNE 2009











                               VOLUME IV

                        CURRENT LEGISLATION AND
                        RELATED EXECUTIVE ORDERS

                     U.S. House of Representatives

                              U.S. Senate










        Legislation on Foreign Relations Through 2005--Volume IV









                      COMMITTEE ON FOREIGN AFFAIRS
                     COMMITTEE ON FOREIGN RELATIONS

=======================================================================

        Legislation on
        Foreign Relations
        Through 2005

                                     
               [GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]

                                     

                               JUNE 2009

                               VOLUME IV

                        CURRENT LEGISLATION AND
                        RELATED EXECUTIVE ORDERS

                     U.S. House of Representatives

                              U.S. Senate

 Printed for the use of the Committees on Foreign Affairs and Foreign 
 Relations of the House of Representatives and the Senate respectively



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                      COMMITTEE ON FOREIGN AFFAIRS
                 HOWARD L. BERMAN, California, Chairman

GARY L. ACKERMAN, New York           ILEANA ROS-LEHTINEN, Florida
ENI F.H. FALEOMAVAEGA, American      CHRISTOPHER H. SMITH, New Jersey
Samoa                                DAN BURTON, Indiana
DONALD M. PAYNE, New Jersey          ELTON GALLEGLY, California
BRAD SHERMAN, California             DANA ROHRABACHER, California
ROBERT WEXLER, Florida               DONALD A. MANZULLO, Illinois
ELIOT L. ENGEL, New York             EDWARD R. ROYCE, California
BILL DELAHUNT, Massachusetts         RON PAUL, Texas
GREGORY W. MEEKS, New York           JEFF FLAKE, Arizona
DIANE E. WATSON, California          MIKE PENCE, Indiana
RUSS CARNAHAN, Missouri              JOE WILSON, South Carolina
ALBIO SIRES, New Jersey              JOHN BOOZMAN, Arkansas
GERALD E. CONNOLLY, Virginia         J. GRESHAM BARRETT, South Carolina
MICHAEL E. McMAHON, New York         CONNIE MACK, Florida
JOHN S. TANNER, Tennessee            JEFF FORTENBERRY, Nebraska
GENE GREEN, Texas                    MICHAEL T. McCAUL, Texas
LYNN WOOLSEY, California             TED POE, Texas
SHEILA JACKSON LEE, Texas            BOB INGLIS, South Carolina
BARBARA LEE, California              GUS BILIRAKIS, Florida
SHELLEY BERKLEY, Nevada
JOSEPH CROWLEY, New York
MIKE ROSS, Arkansas
BRAD MILLER, North Carolina
DAVID SCOTT, Georgia
JIM COSTA, California
KEITH ELLISON, Minnesota
GABRIELLE GIFFORDS, Arizona
RON KLEIN, Florida

                   Richard J. Kessler, Staff Director

                Yleem Poblete, Republican Staff Director

                                 ______

                     COMMITTEE ON FOREIGN RELATIONS

                 JOHN F. KERRY, Massachusetts, Chairman

CHRISTOPHER J. DODD, Connecticut     RICHARD G. LUGAR, Indiana
RUSSELL D. FEINGOLD, Wisconsin       Republican Leader designee
BARBARA BOXER, California            BOB CORKER, Tennessee
ROBERT MENENDEZ, New Jersey          JOHNNY ISAKSON, Georgia
BENJAMIN L. CARDIN, Maryland         JAMES E. RISCH, Idaho
ROBERT P. CASEY, Jr., Pennsylvania   JIM DeMINT, South Carolina
JIM WEBB, Virginia                   JOHN BARRASSO, Wyoming
JEANNE SHAHEEN, New Hampshire        ROGER F. WICKER, Mississippi
EDWARD E. KAUFMAN, Delaware
KIRSTEN E. GILLIBRAND, New York

                      David McKean, Staff Director

            Kenneth A. Myers, Jr., Republican Staff Director

                                 ______

                                  (ii)

  


                                FOREWORD

                              ----------                              

    This volume of legislation and related material is part of 
a five volume set of laws and related material frequently 
referred to by the Committees on Foreign Affairs of the House 
of Representatives and Foreign Relations of the Senate, amended 
to date and annotated to show pertinent history or cross 
references.
    Volumes I (A and B), II (A and B), III and IV contain 
legislation and related material and are republished with 
amendments and additions on a regular basis. Volume V, which 
contains treaties and related material, will be revised as 
necessary.
    We wish to express our appreciation to Larry Q. Nowels and 
Dianne E. Rennack of the Foreign Affairs, Defense, and Trade 
Division of the Congressional Research Service of the Library 
of Congress and Suzanne Kayne of the U.S. Government Printing 
Office who prepared volume IV of this year's compilation.
                                           Howard L. Berman,
                            Chairman, Committee on Foreign Affairs.
                                           John F. Kerry,
                          Chairman, Committee on Foreign Relations.

                                                     June 15, 2009.

                                 (iii)


                            EXPLANATORY NOTE

                              ----------                              

    The body of statutory law set out in this volume was in 
force, as amended, at the end of 2005.
    This volume sets out ``session law'' as originally enacted 
by Congress and published by the Archivist of the United States 
as ``slip law'' and later in the series United States Statutes 
at Large (as subsequently amended, if applicable). Amendments 
are incorporated into the text and distinguished by a footnote. 
Session law is organized in this series by subject matter in a 
manner designed to meet the needs of the Congress.
    Although laws enacted by Congress in the area of foreign 
relations are also codified by the Law Revision Counsel of the 
House of Representatives, typically in title 22 United States 
Code, those codifications are not positive law and are not, in 
most instances, the basis of further amendment by the Congress. 
Cross references to the United States Code are included as 
footnotes for the convenience of the reader.
    All Executive orders and State Department delegations of 
authority are codified and in force as of December 31, 2005.
    Corrections may be sent to Matthew C. Weed at the Library 
of Congress, Congressional Research Service, Washington, D.C., 
20540-7460, or by e-mail at mweed@crs.loc.gov.

                                  (v)


                             ABBREVIATIONS

                              ----------                              



Bevans......................................  Treaties and Other
                                               International Agreements
                                               of the United States of
                                               America, 1776-1949,
                                               compiled under the
                                               direction of Charles I.
                                               Bevans.
CFR.........................................  Code of Federal
                                               Regulations.
EAS.........................................  Executive Agreement
                                               Series.
F.R.........................................  Federal Register.
LNTS........................................  League of Nations Treaty
                                               Series.
I Malloy, II Malloy.........................  Treaties, Conventions,
                                               International Acts,
                                               Protocols, and Agreements
                                               Between the United States
                                               of America and Other
                                               Powers, 1776-1909,
                                               compiled under the
                                               direction of the United
                                               States Senate by William
                                               M. Malloy.
R.S.........................................  Revised Statutes.
Stat........................................  United States Statutes at
                                               Large.
TIAS........................................  Treaties and Other
                                               International Acts
                                               Series.
TS..........................................  Treaty Series.
UNTS........................................  United Nations Treaty
                                               Series.
U.S.C.......................................  United States Code.
UST.........................................  United States Treaties and
                                               Other International
                                               Agreements.
                                  (vi)












                            C O N T E N T S

                              ----------                              
                                                                   Page

FOREWORD.........................................................   iii

EXPLANATORY NOTE.................................................     v

ABBREVIATIONS....................................................   vii

K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION..............     1

 1. Law of the Sea...............................................     5
 2. Marine Pollution.............................................   126
 3. Tuna Conventions.............................................   160
 4. Fisheries Act of 1995........................................   209
 5. Dolphins.....................................................   236
 6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
    567) (partial text)..........................................   257
 7. Driftnet Fishing.............................................   266
 8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 
    1990 (Public Law 101-646) (partial text).....................   280
 9. Negotiation of International Agreements for the Conservation 
    of Sea Turtles (Public Law 101-162) (partial text)...........   282
10. Whales.......................................................   284
11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513)   292
12. Salmon.......................................................   295
13. Northern Boundary and Transboundary Rivers Restoration and 
    Enhancement Fund and Southern Boundary Restoration and 
    Enhancement Fund (Public Law 106-113) (partial text).........   310
14. Antarctic Marine Living Resources Convention Act of 1984 
    (Title III of Public Law 98-623).............................   314
15. American Fisheries Promotion Act (Public Law 95-561).........   325
16. Endangered Species Act of 1973, as amended (Public Law 93-
    205) (partial text)..........................................   327
17. Marine Mammal Protection Act of 1972, as amended (Public Law 
    92-522) (partial text).......................................   347
18. Fishermen's Protective Act of 1967, as amended (Public Law 
    83-680)......................................................   374

L. ENERGY, NATURAL RESOURCES, AND ENVIRONMENT....................   390

 1. Energy Policy Act of 2005 (Public Law 109-58) (partial text).   393
 2. Energy Policy Act of 1992 (Public Law 102-486) (partial text)   401
 3. Energy Emergency Preparedness Act of 1982 (Public Law 97-229)   435
 4. Energy Policy and Conservation Act (Public Law 94-163) 
    (partial text)...............................................   438
 5. Alaska National Interests Lands Conservation Act (Public Law 
    96-487) (partial text).......................................   465
 6. Negotiations With Canada Concerning the Alaska Pipeline 
    (Public Law 93-153) (partial text)...........................   467
 7. Environment and Natural Resources............................   469

M. AVIATION, SPACE, AND INTERNATIONAL SCIENTIFIC COOPERATION.....   684

 1. Aviation Security............................................   685
 2. International Cooperation in Scientific Research.............   757
 3. Arctic Research..............................................   806

N. OTHER LEGISLATION.............................................   822

 1. Provisions of Law Relating to Travel Outside the United 
    States.......................................................   825
 2. Legislation Authorizing U.S. Participation in Parliamentary 
    Conferences..................................................   831
 3. International Claims Settlement Acts.........................   848
 4. Compacts of Free Association Act and Related Legislation.....   926
 5. Registration of Foreign Agents...............................  1161
 6. Neutrality Act and Related Material..........................  1180
 7. National Security Act of 1947 (Public Law 80-253) (partial 
    text)........................................................  1190
 8. Intelligence Authorization Provisions........................  1210
 9. Reporting Requirements.......................................  1218
10. Logan Act--Private Correspondence With Foreign Governments 
    (Public Law 80-772)..........................................  1226
11. Resolution Establishing a Select Committee on Intelligence 
    (S. Res. 400) (partial text).................................  1227
12. Permanent Select Committee on Intelligence (House Rule 
    XLVIII) (partial text).......................................  1229
13. David L. Boren National Security Education Act of 1991 
    (Public Law 102-183) (partial text)..........................  1236
14. Inspector General Act of 1978, as amended (Public Law 95-452)  1251
15. Assignment of National Security and Emergency Preparedness 
    Telecommunications Functions (Executive Order 12472)......... 11264
16. National Security Emergency Preparedness Responsibilities 
    (Executive Order 12656) (partial text).......................  1274
17. U.S. Government Opposition to the Practice of Torture (Public 
    Law 98-447)..................................................  1286
18. Commission on the Ukraine Famine Act (Public Law 99-180) 
    (partial text)...............................................  1288
19. Nazi War Crimes and Holocaust Assets.........................  1292
20. Japanese Imperial Government Disclosure Act of 2000 (Public 
    Law 106-567) (partial text)..................................  1309
21. To Locate and Secure the Return of Zachary Baumel (Public Law 
    106-89)......................................................  1313
22. Taiwan's Participation in the World Health Organization......  1315
23. Czech Republic Memorial Honoring Tomas G. Masaryk (Public Law 
    107-61)......................................................  1321
24. Investigation of Those Missing From Cyprus Since 1974 (Public 
    Law 103-372).................................................  1322
25. Proclamations................................................  1323

APPENDICES.......................................................  1329

INDEX............................................................  1375
=======================================================================


          K. LAW OF THE SEA AND SELECTED MARITIME LEGISLATION

                                CONTENTS

                                                                   Page

 1. Law of the Sea...............................................     5
      a. Magnuson-Stevens Fishery Conservation and Management 
          Act, as amended (Public Law 94-265) (partial text).....     5
      b. Marine Turtle Conservation Act of 2004 (Public Law 108-
          266)...................................................    47
      c. Shark Finning Prohibition Act (Public Law 106-557)......    53
      d. Yukon River Salmon Act (Public Law 106-450) (partial 
          text)..................................................    56
      e. Sustainable Fisheries Act (Public Law 104-297) (partial 
          text)..................................................    61
      f. Fishery Conservation Amendments of 1990 (Public Law 101-
          627) (partial text)....................................    63
      g. Fishery Conservation Zone Transition Act, as amended 
          (Public Law 95-6) (partial text).......................    66
      h. Deep Seabed Hard Mineral Resources Act (Public Law 96-
          283)...................................................    72
      i. Establishment of Exclusive Economic Zone of the United 
          States (Proclamation 5030).............................   108
      j. Establishment of Territorial Sea of the United States 
          (Proclamation 5928)....................................   110
      k. Establishment of Contiguous Zone of the United States 
          (Proclamation 7219)....................................   111
      l. Governing International Fishery Agreements..............   113
            (1) Governing International Fisheries Agreement with 
                Poland (Public Law 105-384) (partial text).......   113
            (2) Governing International Fisheries Agreement with 
                Russian Federation (Public Law 103-206) (partial 
                text)............................................   114
            (3) Governing International Fishery Agreement with 
                Estonia (Public Law 102-587) (partial text)......   116
            (4) Governing International Fishery Agreement with 
                Japan (Public Law 101-224) (partial text)........   117
            (5) Governing International Fishery Agreement with 
                the Soviet Union (Public Law 100-629) (partial 
                text)............................................   118
            (6) Governing International Fishery Agreement with 
                the German Democratic Republic (Public Law 100-
                350).............................................   120
            (7) Governing International Fishery Agreement With 
                Japan Concerning Fisheries Off the Coasts of the 
                United States (Public Law 100-220) (partial text)   121
            (8) Governing International Fishery Agreement With 
                South Korea (Public Law 100-66) (partial text)...   122
            (9) Governing International Fishery Agreement with 
                Iceland and the European Economic Community 
                (Title I of Public Law 98-623)...................   123
            (10) Governing International Fishery Agreements with 
                Japan and Spain (Title IV of Public Law 97-389)..   124
            (11) Governing International Fishery Agreement With 
                Portugal (Public Law 96-561) (partial text)......   125
 2. Marine Pollution.............................................   126
      a. Oil Pollution Act of 1990 (Public Law 101-380) (partial 
          text)..................................................   126
      b. Act to Prevent Pollution from Ships (Public Law 96-478).   128
      c. Deepwater Port Act of 1974 (Public Law 93-627) (partial 
          text)..................................................   144
      d. Intervention on the High Seas Act (Public Law 93-248)...   152
      e. Coral Reef Protection (Executive Order 13089)...........   157
 3. Tuna Conventions.............................................   160
      a. Tuna Conventions Act of 1950, as amended (Public Law 81-
          764)...................................................   160
      b. Pacific Albacore Tuna Treaty (Public Law 108-219).......   170
      c. South Pacific Tuna Act of 1988 (Public Law 100-330).....   172
      d. Eastern Pacific Ocean Tuna Licensing Act of 1984 (Public 
          Law 98-445)............................................   185
      e. Atlantic Tunas Convention Act of 1975, Appropriation 
          Authorization (Public Law 96-339) (partial text).......   190
      f. Atlantic Tunas Convention Act of 1975, as amended 
          (Public Law 94-70).....................................   194
 4. Fisheries Act of 1995 (Public Law 104-43) (partial text).....   209
 5. Dolphins.....................................................   236
      a. International Dolphin Conservation Program (Public Law 
          92-522) (partial text).................................   236
      b. International Dolphin Conservation Program Act (Public 
          Law 105-42) (partial text).............................   248
      c. International Dolphin Conservation Act of 1992 (Public 
          Law 102-523)...........................................   250
      d. Dolphin Proection Consumer Information Act (Public Law 
          101-627) (partial text)................................   251
 6. North Pacific Anadromous Stocks Act of 1992 (Public Law 102-
    567) (partial text)..........................................   257
 7. Driftnet Fishing.............................................   266
      a. High Seas Driftnet Fisheries Enforcement Act (Public Law 
          102-582) (partial text)................................   266
      b. Driftnet Impact Monitoring, Assessment, and Control 
          (Title IV Public Law 100-220)..........................   276
 8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 
    1990 (Public Law 101-646) (partial text).....................   280
 9. Negotiation of International Agreements for the Conservation 
    of Sea Turtles (Public Law 101-162) (partial text)...........   282
10. Whales.......................................................   284
      a. Wildlife Sanctuary for Humpback Whales (Public Law 99-
          630)...................................................   284
      b. Whaling Convention Act of 1949 (Public Law 81-676)......   285
11. RMS Titanic Maritime Memorial Act of 1986 (Public Law 99-513) 
    (partial text)...............................................   292
12. Salmon.......................................................   295
      a. Pacific Salmon Treaty Act of 1985 (Public Law 99-5).....   295
      b. Atlantic Salmon Convention Act of 1982 (Title III of 
          Public Law 97-389).....................................   306
13. Northern Boundary and Transboundary Rivers Restoration and 
    Enhancement Fund and Southern Boundary Restoration and 
    Enhancement Fund (Public Law 106-113) (partial text).........   310
14. Antarctic Marine Living Resources Convention Act of 1984 
    (Title III of Public Law 98-623).............................   314
15. American Fisheries Promotion Act (Public Law 96-561) (partial 
    text)........................................................   325
16. Endangered Species Act of 1973, as amended (Public Law 93-
    205) (partial text)..........................................   327
17. Marine Mammal Protection Act of 1972, as amended (Public Law 
    92-522) (partial text).......................................   347
18. Fishermen's Protective Act of 1967, as amended (Public Law 
    83-680)......................................................   374
                .................................................

                .................................................
                .................................................

----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------                           Note.--Conventions and agreements referred to by Acts in this section may be researched according to 
--------------------------------------------------------------------------------------------------------------------------------------------------------

                           1. Law of the Sea

a. Magnuson-Stevens Fishery Conservation and Management Act, as amended 
                                  \1\

 Partial Text of Public Law 94-265 [H.R. 200], 90 Stat. 331, approved 
  April 13, 1976; as amended by Public Law 95-6 [Fishery Conservation 
 Zone Transition Act; H.J. Res. 240], 91 Stat 14, approved February 1, 
1977; Public Law 95-354 [H.R. 10732], 92 Stat. 519, approved August 28, 
  1978; Public Law 96-61 [S. 917], 93 Stat. 407, approved August 15, 
 1979; Public Law 96-118 [H.R. 2035], 93 Stat. 859, approved November 
 16, 1979; Public Law 96-470 [Congressional Reports Elimination Act of 
1980; H.R. 6686], 94 Stat. 2237, approved October 19, 1980; Public Law 
  96-561 [American Fisheries Promotion Act; S. 2163], 94 Stat. 3275, 
approved December 22, 1980; Public Law 97-191 [S. 2535], 96 Stat. 107, 
 approved June 1, 1982; Public Law 97-453 [H.R. 5002], 96 Stat. 2481, 
approved January 12, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394 
  at 3408, approved November 8, 1984; Public Law 99-659 [S. 991]; 100 
Stat. 3607, approved November 14, 1986; Public Law 100-239 [Commercial 
 Fishing Industry Vessel Anti-Reflagging Act of 1987; H.R. 2598]; 101 
  Stat. 1778, approved January 11, 1988; Public Law 101-627 [Fishery 
 Conservation Amendments of 1990; H.R. 2061], 104 Stat. 4436, approved 
  November 28, 1990; Public Law 102-251 [Flower Garden Banks National 
  Marine Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992; 
 Public Law 103-237 [Foreign Relations Authorization Act, Fiscal Years 
  1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; 
  Public Law 103-437 [U.S. Code Technical Amendments; H.R. 4777], 108 
 Stat. 4581, approved November 2, 1994; Public Law 104-208 [Department 
   of Commerce and Related Agencies Appropriations Act; title II of 
section 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 
3009, approved September 30, 1996; and Public Law 104-297 [Sustainable 
    Fisheries Act; S. 39], 110 Stat. 3559, approved October 11, 1996

AN ACT To provide for the conservation and management of the fisheries, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Magnuson-Stevens Fishery Conservation 
and Management Act''.\1\
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1801 note. Sec. 238 of Public Law 96-561 changed the 
name of this Act from the ``Fishery Conservation and Management Act of 
1976'' to the ``Magnuson Fishery Conservation and Management Act of 
1976'', effective January 6, 1981. Sec. 238 further stipulated that all 
references to the Fishery Conservation and Management Act of 1976 shall 
be redesignated as references to the Magnuson Fishery Conservation and 
Management Act of 1976.
    Sec. 211(a) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), subsequently amended sec. 1 to change the 
name from ``Magnuson'' to ``Magnuson-Stevens'', and struck out ``of 
1976'' following ``Act''. Sec. 211(b) of that Act provided that: 
``Effective 15 days after the enactment of the Sustainable Fisheries 
Act [enacted October 11, 1996], all references to the Magnuson Fishery 
Conservation and Management Act shall be redesignated as references to 
the Magnuson-Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

                            TABLE OF CONTENTS

Sec. 2. Findings, purposes, and policy.
Sec. 3. Definitions.

 TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY 
                                RESOURCES

Sec. 101. United States sovereign rights to fish and fishery management 
          authority.
Sec. 102. Highly migratory species.\2\
Sec. 103. Highly migratory species.
Sec. 104. Effective date.

     TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS

Sec. 201. Foreign fishing.
Sec. 202. International fishery agreements.
Sec. 203. Congressional oversight of governing international fishery 
          agreements.
Sec. 204. Permits for foreign fishing.
Sec. 205. Import prohibitions.
Sec. 206. Large-scale driftnet fishing.\3\

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

          * * * * * * *

               TITLE IV--FISHERY MONITORING AND RESEARCH

          * * * * * * *

SEC. 2.\4\ FINDINGS, PURPOSES AND POLICY.

    (a) Findings.--The Congress finds and declares the 
following:
---------------------------------------------------------------------------
    \2\ Effective January 1, 1992, pursuant to sec. 103(b) and (c) of 
the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 
Stat. 4439), the title for sec. 102 became ``Highly migratory 
species''.
    \3\ Sec. 107(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4444) struck out ``Transitional 
provisions'' and inserted in lieu thereof ``Large-scale driftnet 
fishing''.
    \4\ 16 U.S.C. 1801.
---------------------------------------------------------------------------
          (1) The fish off the coasts of the United States, the 
        highly migratory species of the high seas, the species 
        which dwell on or in the Continental Shelf appertaining 
        to the United States, and the anadromous species which 
        spawn in United States rivers or estuaries, constitute 
        valuable and renewable natural resources. These fishery 
        resources contribute to the food supply, economy, and 
        health of the Nation and provide recreational 
        opportunities.
          (2) \5\ Certain stocks of fish have declined to the 
        point where their survival is threatened, and other 
        stocks of fish have been so substantially reduced in 
        number that they could become similarly threatened as a 
        consequence of (A) increased fishing pressure, (B) the 
        inadequacy of fishery resource conservation and 
        management practices and controls, or (C) direct and 
        indirect habitat losses which have resulted in a 
        diminished capacity to support existing fishing levels.
---------------------------------------------------------------------------
    \5\ Sec. 101(1) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) amended and restated para. (2), which formerly 
read as follows:
    ``(2) As a consequence of increased fishing pressure and because of 
the inadequacy of fishery conservation and management practices and 
controls (A) certain stocks of such fish have been overfished to the 
point where their survival is threatened, and (B) other such stocks 
have been so substantially reduced in number that they could become 
similarly threatened.''.
---------------------------------------------------------------------------
          (3) Commercial and recreational fishing constitutes a 
        major source of employment and contributes 
        significantly to the economy of the Nation. Many 
        coastal areas are dependent upon fishing and related 
        activities, and their economies have been badly damaged 
        by the overfishing of fishery resources at an ever-
        increasing rate over the past decade. The activities of 
        massive foreign fishing fleets in waters adjacent to 
        such coastal areas have contributed to such damage, 
        interfered with domestic fishing efforts, and caused 
        destruction of the fishing gear of United States 
        fishermen.
          (4) International fishery agreements have not been 
        effective in preventing or terminating the overfishing 
        of these valuable fishery resources. There is danger 
        that irreversible effects from overfishing will take 
        place before an effective international agreement on 
        fishery management jurisdiction can be negotiated, 
        signed, ratified, and implemented.
          (5) Fishery resources are finite but renewable. If 
        placed under sound management before overfishing has 
        caused irreversible effects, the fisheries can be 
        conserved and maintained so as to provide optimum 
        yields on a continuing basis.
          (6) A national program for the conservation and 
        management of the fishery resources of the United 
        States is necessary to prevent overfishing, to rebuild 
        overfished stocks, to insure conservation, to 
        facilitate long-term protection of essential fish 
        habitats,\6\ and to realize the full potential of the 
        Nation's fishery resources.
---------------------------------------------------------------------------
    \6\ Sec. 101(2) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) inserted ``to facilitate long-term protection of 
essential fish habitats,'' after ``conservation,''.
---------------------------------------------------------------------------
          (7) A national program for the development of 
        fisheries which are underutilized or not utilized by 
        United States fishermen,\7\ including bottom fish off 
        Alaska, is necessary to assure that our citizens 
        benefit from the employment, food supply, and revenue 
        which could be generated thereby.
---------------------------------------------------------------------------
    \7\ Sec. 2(a) of Public Law 95-354 (92 Stat. 519) struck out 
``United States fishing industry'' and inserted in lieu thereof 
``United States fishermen''.
---------------------------------------------------------------------------
          (8) \8\ The collection of reliable data is essential 
        to the effective conservation, management, and 
        scientific understanding of the fishery resources of 
        the United States.
---------------------------------------------------------------------------
    \8\ Sec. 101(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) added para. (8).
---------------------------------------------------------------------------
          (9) \9\ One of the greatest long-term threats to the 
        viability `(9) One of the greatest long-term threats to 
        the viability of commercial and recreational fisheries 
        is the continuing loss of marine, estuarine, and other 
        aquatic habitats. Habitat considerations should receive 
        increased attention for the conservation and management 
        of fishery resources of the United States.
---------------------------------------------------------------------------
    \9\ Sec. 101(3) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) added paras. (9) and (10).
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          (10) \9\ Pacific Insular Areas contain unique 
        historical, cultural, legal, political, and 
        geographical circumstances which make fisheries 
        resources important in sustaining their economic 
        growth.
    (b) Purposes.--It is therefore declared to be the purposes 
of the Congress in this Act--
          (1) \10\ to take immediate action to conserve and 
        manage the fishery resources found off the coasts of 
        the United States, and the anadromous species and 
        Continental Shelf fishery resources of the United 
        States, by exercising (A) sovereign rights for the 
        purposes of exploring, exploiting, conserving, and 
        managing all fish,\11\ within the exclusive economic 
        zone established by Presidential Proclamation 5030, 
        dated March 10, 1983, and (B) exclusive fishery 
        management authority beyond the exclusive economic zone 
        over such anadromous species and Continental Shelf 
        fishery resources, and fishery resources in the special 
        areas; \12\
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    \10\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended 
and restated para. (1).
    \11\ Sec. 101(b)(1) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) struck out ``except highly 
migratory species''.
    \12\ Sec. 301(a) of Public Law 102-251 (106 Stat. 62) inserted ``, 
and fishery resources in the special areas'' before the semicolon.
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          (2) to support and encourage the implementation and 
        enforcement of international fishery agreements for the 
        conservation and management of highly migratory 
        species, and to encourage the negotiation and 
        implementation of additional such agreements as 
        necessary;
          (3) to promote domestic commercial and recreational 
        fishing under sound conservation and management 
        principles, including the promotion of catch and 
        release programs in recreational fishing; \13\
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    \13\ Sec. 101(4) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) struck out ``principles;'' and inserted in lieu 
thereof ``principles, including the promotion of catch and release 
programs in recreational fishing;''.
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          (4) to provide for the preparation and 
        implementation, in accordance with national standards, 
        of fishery management plans which will achieve and 
        maintain, on a continuing basis, the optimum yield from 
        each fishery;
          (5) to establish Regional Fishery Management Councils 
        to exercise sound judgment in the stewardship of 
        fishery resources through the preparation, monitoring, 
        and revision of \14\ such plans under circumstances (A) 
        which will enable the States, the fishing industry, 
        consumer and environmental organizations, and other 
        interested persons to participate in, and advise on, 
        the establishment and administration of such plans, and 
        (B) which take into account the social and economic 
        needs of the States; \15\
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    \14\ Sec. 101(b)(2) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) struck out ``prepare, monitor, and 
revise'' and inserted in lieu thereof ``exercise sound judgment in the 
stewardship of fishery resources through the preparation, monitoring, 
and revision of''.
    \15\ Sec. 101(5) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) struck out ``and'' after the semicolon at the end 
of subsec. (b)(5).
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          (6) to encourage the development by the United States 
        fishing industry \16\ of fisheries which are currently 
        underutilized or not utilized by United States 
        fishermen, including bottom fish off Alaska, and to 
        that end, to ensure that optimum yield determinations 
        promote such development in a non-wasteful manner; and 
        \17\
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    \16\ Sec. 2(b) of Public Law 95-354 (92 Stat. 519) added ``by the 
United States fishing industry''.
    \17\ Sec. 233 of Public Law 96-561 added ``, and to that end, to 
ensure that optimum yield determinations promote such development''. 
Sec. 101(6) of the Sustainable Fisheries Act (Public Law 104-297; 110 
Stat. 3560) struck out ``development.'' and inserted in lieu thereof 
``development in a non-wasteful manner; and''.
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          (7) \18\ to promote the protection of essential fish 
        habitat in the review of projects conducted under 
        Federal permits, licenses, or other authorities that 
        affect or have the potential to affect such habitat.
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    \18\ Sec. 101(7) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3560) added para. (7).
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    (c) Policy.--It is further declared to be the policy of the 
Congress in this Act--
          (1) to maintain without change the existing 
        territorial or other ocean jurisdiction of the United 
        States for all purposes other than the conservation and 
        management of fishery resources, as provided for in 
        this Act;
          (2) to authorize no impediment to, or interference 
        with, recognized legitimate uses of the high seas, 
        except as necessary for the conservation and management 
        of fishery resources, as provided for in this Act;
          (3) to assure that the national fishery conservation 
        and management program utilizes, and is based upon, the 
        best scientific information available; involves, and is 
        responsive to the needs of interested and affected 
        States and citizens; considers \19\ efficiency; draws 
        upon Federal, State, and academic capabilities in 
        carrying out research, administration, management, and 
        enforcement; considers the effects of fishing on 
        immature fish and encourages development of practical 
        measures that minimize bycatch and \20\ avoid 
        unnecessary waste of fish; \21\ and is workable and 
        effective;
---------------------------------------------------------------------------
    \19\ Sec. 101(8)(A) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3560) struck out ``promotes'' and inserted in lieu 
thereof ``considers''.
    \20\ Sec. 101(8)(B) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3560) inserted ``minimize bycatch and'' after 
``practical measures that''.
    \21\ Sec. 101(c)(1) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4437) inserted text beginning with 
``considers the effects of fishing''.
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          (4) to permit foreign fishing consistent with the 
        provisions of this Act; \22\
---------------------------------------------------------------------------
    \22\ Sec. 101(c)(2) through (4) of the Fishery Conservation 
Amendments of 1990 (Public Law 101-627; 104 Stat. 4437) struck out 
``and'' at the end of para. (4); struck out the period at the end of 
para. (5), and inserted text beginning with ``, and to secure 
agreements''; and added a new para. (6).
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          (5) \23\ to support and encourage active United 
        States efforts to obtain internationally acceptable 
        agreements which provide for effective conservation and 
        management of fishery resources, and to secure 
        agreements to regulate fishing by vessels or person 
        beyond the exclusive economic zones of any nation; 
        \22\, \24\
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    \23\ Sec. 101(c)(1) of Public Law 99-659 (100 Stat. 3707) amended 
and restated para. (5).
    \24\ Sec. 101 of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3560) struck out ``and'' at the end of para. (5), struck out 
a period at the end of para. (6) and inserted instead ``; and'' and 
added a new para. (7).
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          (6) \22\ to foster and maintain the diversity of 
        fisheries in the United States; and \24\
          (7) \24\ to ensure that the fishery resources 
        adjacent to a Pacific Insular Area, including resident 
        or migratory stocks within the exclusive economic zone 
        adjacent to such areas, be explored, developed, 
        conserved, and managed for the benefit of the people of 
        such area and of the United States.

SEC. 3.\25\ DEFINITIONS.

    As used in this Act, unless the context otherwise 
requires--
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    \25\ 16 U.S.C. 1802. Paragraph designations in sec. 3 have been 
repeatedly reassigned as new paras. were added. Footnotes to this 
section provide only substantive amendment history.
---------------------------------------------------------------------------
          (1) The term ``anadromous species'' means species of 
        fish which spawn in fresh or estuarine waters of the 
        United States and which migrate to ocean waters.
          (2) \26\ The term ``bycatch'' means fish which are 
        harvested in a fishery, but which are not sold or kept 
        for personal use, and includes economic discards and 
        regulatory discards. Such term does not include fish 
        released alive under a recreational catch and release 
        fishery management program.
---------------------------------------------------------------------------
    \26\ Sec. 102(1) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added new paras. (2) through (4) and redesignated 
subsequent paras.
---------------------------------------------------------------------------
          (3) \26\ The term ``charter fishing'' means fishing 
        from a vessel carrying a passenger for hire (as defined 
        in section 2101(21a) of title 46, United States Code) 
        who is engaged in recreational fishing.
          (4) \26\ The term ``commercial fishing'' means 
        fishing in which the fish harvested, either in whole or 
        in part, are intended to enter commerce or enter 
        commerce through sale, barter or trade.
          (5) The term ``conservation and management'' refers 
        to all of the rules, regulations, conditions, methods, 
        and other measures (A) which are required to rebuild, 
        restore, or maintain, and which are useful in 
        rebuilding, restoring, or maintaining, any fishery 
        resource and the marine environment; and (B) which are 
        designed to assure that--
                  (i) a supply of food and other products may 
                be taken, and that recreational benefits may be 
                obtained, on a continuing basis;
                  (ii) irreversible or long-term adverse 
                effects on fishery resources and the marine 
                environment are avoided; and
                  (iii) there will be a multiplicity of options 
                available with respect to future uses of these 
                resources.
          (6) The term ``Continental Shelf'' means the seabed 
        and subsoil of the submarine areas adjacent to the 
        coast, but outside the area of the territorial sea, of 
        the United States, to a depth of 200 meters or, beyond 
        that limit, to where the depth of the superjacent 
        waters admits of the exploitation of the natural 
        resources of such areas.
          (7) The term ``Continental Shelf fishery resources'' 
        means the following:

                             Cnidaria \27\
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    \27\ Para. (7), as redesignated from para. (4) by sec. 102(1) of 
the Sustainable Fisheries Act (Public Law 104-297; 110 Stat. 3561) was 
further amended by sec. 102(2) of that Act, by striking 
``Coelenterata'' from the heading of the list of corals and inserting 
in lieu thereof ``Cnidaria'', and by striking ``Deep-sea Red Crab--
Geryon quinquedens'' and inserting in lieu thereof ``Deep-sea Red 
Crab--Chaceon quinquedens'' from the list of crustacea.
---------------------------------------------------------------------------
                Bamboo Coral--Acanella spp.;
                Black Coral--Antipathes spp.;
                Gold Coral--Callogorgia spp.;
                Precious Red Coral--Corallium spp.;
                Bamboo Coral--Keratoisis spp.; and
                Gold Coral--Parazoanthus spp.

                               Crustacea

                Tanner Crab--Chionoecetes tanneri;
                Tanner Crab--Chionoecetes opilio;
                Tanner Crab--Chionoecetes angulatus;
                Tanner Crab--Chionoecetes bairdi;
                King Crab--Paralithodes camtschatica;
                King Crab--Paralithodes platypus;
                King Crab--Paralithodes brevipes;
                Lobster--Homarus americanus;
                Dungeness Crab--Cancer magister;
                California King Crab--Paralithodes 
                californiensis;
                California King Crab--Paralithodes rathbuni;
                Golden King Crab--Lithodes aequispinus;
                Northern Stone Crab--Lithodes maja;
                Stone Crab--Menippe mercenaria; and
                Deep-sea Red Crab--Chaceon quinquedens.\27\

                                Mollusks

                Red Abalone--Haliotis rufescens;
                Pink Abalone--Haliotis corrugata;
                Japanese Abalone--Haliotis kamtschatkana;
                Queen Conch--Strombus gigas;
                Surf Clam--Spisula solidissima; and
                Ocean Quahog--Arctica islandica.

                                Sponges

                Glove Sponge--Spongia cheiris; \28\
---------------------------------------------------------------------------
    \28\ Sec. 112(2) of Public Law 99-659 (100 Stat. 3715) struck out 
``Hippiospongia canaliculata'' and inserted in lieu thereof ``Glove 
Sponge--Spongia cheiris''.
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                Sheepswool Sponge--Hippiospongia lachne;
                Grass Sponge--Spongia graminea; and
                Yellow Sponge--Spongia barbera.
        If the Secretary determines, after consultation with 
        the Secretary of State, that living organisms of any 
        other sedentary species are at the harvestable stage, 
        either--
                  (A) immobile on or under the seabed, or
                  (B) unable to move except in constant 
                physical contact with the seabed or subsoil,
        of the Continental Shelf which appertains to the United 
        States, and publishes notice of such determination in 
        the Federal Register, such sedentary species shall be 
        considered to be added to the foregoing list and 
        included in such term for purposes of this Act.
          (8) The term ``Council'' means any Regional Fishery 
        Management Council established under section 302.
          (9) \29\ The term ``economic discards'' means fish 
        which are the target of a fishery, but which are not 
        retained because they are of an undesirable size, sex, 
        or quality, or for other economic reasons.
---------------------------------------------------------------------------
    \29\ Sec. 102(3) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added paras. (9) and (10), and redesignated 
subsequent paras.
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          (10) \29\ The term ``essential fish habitat'' means 
        those waters and substrate necessary to fish for 
        spawning, breeding, feeding or growth to maturity.
          (11) \30\ The term ``exclusive economic zone'' means 
        the zone established by Proclamation Numbered 5030, 
        dated March 10, 1983. For purposes of applying this 
        Act, the inner boundary of that zone is a line 
        coterminous with the seaward boundary of each of the 
        coastal States.
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    \30\ Sec. 101(a) of Public Law 99-659 (100 Stat. 3706) added para. 
(11) as para. (6). Sec. 101(a) also renumbered former paras. (6) and 
(7) as (7) and (8) and struck out former para. (8) which had defined 
the term ``fishery conservation zone''.
    Sec. 101(c)(2) of that Act replaced the term ``fishery conservation 
zone'' with the term ``exclusive economic zone'' each time it appeared 
in the Act.
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          (12) The term ``fish'' means finfish, mollusks, 
        crustaceans, and all other forms of marine animal and 
        plant life other than marine mammals and birds.\31\
---------------------------------------------------------------------------
    \31\ Sec. 102(a)(2) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) struck out ``, birds and highly 
migratory species'' and inserted in lieu thereof ``and birds''.
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          (13) The term ``fishery'' means--
                  (A) one or more stocks of fish which can be 
                treated as a unit for purposes of conservation 
                and management and which are identified on the 
                basis of geographical, scientific, technical, 
                recreational, and economic characteristics; and
                  (B) any fishing for such stocks.
          (14) The term ``fishery resource'' means any fishery, 
        any stock of fish, any species of fish, and any habitat 
        of fish.
          (15) The term ``fishing'' means--
                  (A) The catching, taking, or harvesting of 
                fish;
                  (B) The attempted catching, taking, or 
                harvesting of fish;
                  (C) any other activity which can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (D) any operations at sea in support of, or 
                in preparation for, any activity described in 
                subparagraphs (A) through (C).
        Such term does not include any scientific research 
        activity which is conducted by a scientific research 
        vessel.
          (16) \32\ The term ``fishing community'' means a 
        community which is substantially dependent on or 
        substantially engaged in the harvest or processing of 
        fishery resources to meet social and economic needs, 
        and includes fishing vessel owners, operators, and crew 
        and United States fish processors that are based in 
        such community.
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    \32\ Sec. 102(4) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3561) added a new para. (16) and redesignated subsequent 
paras.
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          (17) The term ``fishing vessel'' means any vessel, 
        boat, ship, or other craft which is used for, equipped 
        to be used for, or of a type which is normally used 
        for--
                  (A) fishing; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of any activity 
                relating to fishing, including, but not limited 
                to, preparation, supply, storage, 
                refrigeration, transportation, or processing.
          (18) The term ``foreign fishing'' means fishing by a 
        vessel other than a vessel of the United States.
          (19) The term ``high seas'' means all waters beyond 
        the territorial sea of the United States and beyond any 
        foreign nation's territorial sea, to the extent that 
        such sea is recognized by the United States.
          (20) \33\ The term ``highly migratory species'' means 
        tuna species, marlin (Tetrapturus spp. and Makaira 
        spp.), oceanic sharks, sailfishes (Istiophorus spp.), 
        and swordfish (Xiphias gladius).
---------------------------------------------------------------------------
    \33\ Sec. 102(a)(3) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) amended and restated para. (14), 
since redesignated as para. (20). It formerly defined ``highly 
migratory species'' as ``species of tuna which in the course of their 
life cycle, spawn and migrate over great distances in waters of the 
ocean.''.
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          (21) \34\ The term ``individual fishing quota'' means 
        a Federal permit under a limited access system to 
        harvest a quantity of fish, expressed by a unit or 
        units representing a percentage of the total allowable 
        catch of a fishery that may be received or held for 
        exclusive use by a person. Such term does not include 
        community development quotas as described in section 
        305(i).
---------------------------------------------------------------------------
    \34\ Sec. 102(5) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added a new para. (21) and redesignated subsequent 
paras.
---------------------------------------------------------------------------
          (22) The term ``international fishery agreement'' 
        means any bilateral or multilateral treaty, convention, 
        or agreement which relates to fishing and to which the 
        United States is a party.
          (23) \35\ The term ``large-scale driftnet fishing'' 
        means a method of fishing in which a gillnet composed 
        of a panel or panels of webbing, or a series of such 
        gillnets, with a total length of two and one-half 
        kilometers \36\ or more is placed in the water and 
        allowed to drift with the currents and winds for the 
        purpose of entangling fish in the webbing.
---------------------------------------------------------------------------
    \35\ Sec. 102(a)(4) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (16), since 
redesignated as para. (23).
    \36\ Sec. 102(6) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) struck out ``of one and one-half miles'' and 
inserted in lieu thereof ``of two and one-half kilometers''.
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          (24) The term ``Marine Fisheries Commission'' means 
        the Atlantic States Marine Fisheries Commission, the 
        Gulf States Marine Fisheries Commission, or the Pacific 
        Marine Fisheries Commission.
          (25) \37\ The term ``migratory range'' means the 
        maximum area at a given time of the year within which 
        fish of an anadromous species or stock thereof can be 
        expected to be found, as determined on the basis of 
        scale pattern analysis, tagging studies, or other 
        reliable scientific information, except that the term 
        does not include any part of such area which is in the 
        waters of a foreign nation.
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    \37\ Sec. 102(a)(5) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (18), since 
redesignated as para. (25).
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          (26) The term ``national standards'' means the 
        national standards for fishery conservation and 
        management set forth in section 301.
          (27) \38\ The term ``observer'' means any person 
        required or authorized to be carried on a vessel for 
        conservation and management purposes by regulations or 
        permits under this Act.
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    \38\ Sec. 102(a)(6) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (20), since 
redesignated as para. (27).
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          (28) \39\ The term ``optimum'', with respect to the 
        yield from a fishery, means the amount of fish which--
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    \39\ Sec. 102(7) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) amended and restated para. (28), as redesignated.
---------------------------------------------------------------------------
                  (A) will provide the greatest overall benefit 
                to the Nation, particularly with respect to 
                food production and recreational opportunities, 
                and taking into account the protection of 
                marine ecosystems;
                  (B) is prescribed on the basis of the maximum 
                sustainable yield from the fishery, as reduced 
                by any relevant social, economic, or ecological 
                factor; and
                  (C) in the case of an overfished fishery, 
                provides for rebuilding to a level consistent 
                with producing the maximum sustainable yield in 
                such fishery.
          (29) \40\ The terms ``overfishing'' and 
        ``overfished'' mean a rate or level of fishing 
        mortality that jeopardizes the capacity of a fishery to 
        produce the maximum sustainable yield on a continuing 
        basis.
---------------------------------------------------------------------------
    \40\ Sec. 102(8) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added new paras. (29) and (30) and redesignated 
subsequent paras.
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          (30) \40\ The term ``Pacific Insular Area'' means 
        American Samoa, Guam, the Northern Mariana Islands, 
        Baker Island, Howland Island, Jarvis Island, Johnston 
        Atoll, Kingman Reef, Midway Island, Wake Island, or 
        Palmyra Atoll, as applicable, and includes all islands 
        and reefs appurtenant to such island, reef, or atoll.
          (31) 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.
          (32) \41\ The term ``recreational fishing'' means 
        fishing for sport or pleasure.
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    \41\ Sec. 102(9) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3562) added new paras. (32) and (33) and redesignated 
subsequent paras.
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          (33) \41\ The term ``regulatory discards'' means fish 
        harvested in a fishery which fishermen are required by 
        regulation to discard whenever caught, or are required 
        by regulation to retain but not sell.
          (34) The term ``Secretary'' means the Secretary of 
        Commerce or his designee.
          (35) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealth of 
        Puerto Rico, American Samoa, the Virgin Islands, Guam, 
        and any other Commonwealth, territory, or possession of 
        the United States.
          (36) \42\ The term ``special areas'' means the areas 
        referred to as eastern special areas in Article 3(1) of 
        the Agreement between the United States of America and 
        the Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990. In particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
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    \42\ Sec. 301(b) of Public Law 102-251 (106 Stat. 62) added para. 
(36) to define ``special areas,'' effective on the date on which the 
Agreement Between the United States and the Union of Soviet Socialist 
Republics on the Maritime Boundary, signed June 1, 1990, entered into 
force for the United States, with authority to prescribe implementing 
regulations effective March 9, 1992, but with no such regulations 
effective until the date on which the Agreement entered into force for 
the United States.
    Sec. 405(a) of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3621) provided that sec. 301(b) of Public Law 102-251 shall 
take effect on the date of enactment of Public Law 104-297, which would 
result in adding a paragraph to define ``special areas''. Sec. 102(10) 
of that Act, however, separately added language similar to that 
provided in Public Law 102-251 as para. (36), effective immediately, 
and redesignated the following paras. appropriately.
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          (37) The term ``stock of fish'' means a species, 
        subspecies, geographical grouping, or other category of 
        fish capable of management as a unit.
          (38) The term ``treaty'' means any international 
        fishery agreement which is a treaty within the meaning 
        of section 2 of article II of the Constitution.
          (39) \43\ The term ``tuna species'' means the 
        following:
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    \43\ Sec. 102(a)(7) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added para. (27), since 
redesignated as para. (39).
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                Albacore Tuna--Thunnus alalunga;
                Bigeye Tuna--Thunnus obesus;
                Bluefin Tuna--Thunnus thynnus;
                Skipjack Tuna--Katsuwonus pelamis; and
                Yellowfin Tuna--Thunnus albacares.
          (40) The term ``United States'', when used in a 
        geographical context, means all the States thereof.
          (41) \44\ The term ``United States fish processors'' 
        means facilities located within the United States for, 
        and vessels of the United States used or equipped for, 
        the processing of fish for commercial use or 
        consumption.
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    \44\ Sec. 3 of Public Law 95-354 (92 Stat. 519) added new paras. 
(25) and (26), since redesignated as paras. (41) and (42).
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          (42) \44\ The term ``United States harvested fish'' 
        means fish caught, taken, or harvested by vessels of 
        the United States within any fishery regulated under 
        this Act.\45\
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    \45\ Sec. 102(11) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3563) struck out ``for which a fishery management plan 
prepared under title III or a preliminary fishery management plan 
prepared under section 201(h) has been implemented'' and inserted in 
lieu thereof ``regulated under this Act''.
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          (43) \46\ The term ``vessel of the United States'' 
        means--
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    \46\ Sec. 15(a) of Public Law 97-453 (96 Stat. 2492) amended and 
restated para. (43). Sec. 2 of Public Law 100-239 (101 Stat. 1778) 
further amended and restated para. (43).
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                  (A) any vessel documented under chapter 121 
                of title 46, United States Code;
                  (B) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and measuring less than 5 net tons;
                  (C) any vessel numbered in accordance with 
                chapter 123 of title 46, United States Code, 
                and used exclusively for pleasure; or
                  (D) any vessel not equipped with propulsion 
                machinery of any kind and used exclusively for 
                pleasure.
          (44) \47\ The term ``vessel subject to the 
        jurisdiction of the United States'' has the same 
        meaning such term has in section 3(c) of the Maritime 
        Drug Law Enforcement Act (46 U.S.C. App. 1903(c)).
---------------------------------------------------------------------------
    \47\ Sec. 102(12) of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3563) added a new para. (44) and redesignated para. (44) 
as (45).
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          (45) \48\ The term ``waters of a foreign nation'' 
        means any part of the territorial sea or exclusive 
        economic zone (or the equivalent) of a foreign nation, 
        to the extent such territorial sea or exclusive 
        economic zone is recognized by the United States.
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    \48\ Sec. 102(a)(8) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) added a new para. (32), since 
redesignated as para. (45).
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SEC. 4.\49\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary 
for the purposes of carrying out the provisions of this Act, 
not to exceed the following sums:
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    \49\ 16 U.S.C. 1803. Sec. 103 of the Sustainable Fisheries Act 
(Public Law 104-297; 110 Stat. 3563) added sec. 4.
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          (1) $147,000,000 for fiscal year 1996;
          (2) $151,000,000 for fiscal year 1997;
          (3) $155,000,000 for fiscal year 1998; and
          (4) $159,000,000 for fiscal year 1999.

TITLE I--UNITED STATES RIGHTS AND AUTHORITY REGARDING FISH AND FISHERY 
                               RESOURCES

SEC. 101.\50\ UNITED STATES SOVEREIGN RIGHTS TO FISH AND FISHERY 
                    MANAGEMENT AUTHORITY.

    (a) In the Exclusive Economic Zone.--Except as provided in 
section 102, the United States claims, and will exercise in the 
manner provided for in this Act, sovereign rights and exclusive 
fishery management authority over all fish, and all Continental 
Shelf fishery resources, within the exclusive economic zone and 
special areas.\51\
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    \50\ 16 U.S.C. 1811. Sec. 101(b) of Public Law 99-659 (100 Stat. 
3706) amended and restated sec. 101.
    \51\ Sec. 301(c)(1) of Public Law 102-251 (106 Stat. 62) inserted 
``and special areas'' before the period in subsec. (a).
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    (b) Beyond the Exclusive Economic Zone.--The United States 
claims, and will exercise in the manner provided for in this 
Act, exclusive fishery management authority over the following:
          (1) All anadromous species throughout the migratory 
        range of each such species beyond the exclusive 
        economic zone; except that that management authority 
        does not extend to any such species during the time 
        they are found within any waters of a foreign 
        nation.\52\
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    \52\ Sec. 102(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4438) struck out ``any foreign nation's 
territorial sea or exclusive economic zone (or the equivalent), to the 
extent that that sea or zone is recognized by the United States.'', and 
inserted in lieu thereof ``any waters of a foreign nation.''.
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          (2) All Continental Shelf fishery resources beyond 
        the exclusive economic zone.
          (3) \53\ all fishery resources in the special areas.
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    \53\ Sec. 301(c)(2) of Public Law 102-251 (106 Stat. 63) added 
para. (3).
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SEC. 102.\54\ HIGHLY MIGRATORY SPECIES.

    The United States shall cooperate directly or through 
appropriate international organizations with those nations 
involved in fisheries for highly migratory species with a view 
to ensuring conservation and shall promote the achievement of 
optimum yield \55\ of such species throughout their range, both 
within and beyond the exclusive economic zone.
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    \54\ 16 U.S.C. 1812. Effective January 1, 1992, sec. 103 of the 
Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 
4439), substantially restated sec. 102. It formerly read as follows:
---------------------------------------------------------------------------

``sec. 102. exclusion for highly migratory species.
---------------------------------------------------------------------------

    ``The sovereign rights and exclusive fishery management authority 
asserted by the United States under section 101 over fish do not 
include, and may not be construed to extend to, highly migratory 
species of fish.''.
    \55\ Sec. 104 of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3563) struck out ``promoting the objective of optimum 
utilization'' and inserted in lieu thereof ``shall promote the 
achievement of optimum yield''.
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SEC. 103.\56\ HIGHLY MIGRATORY SPECIES.

    The exclusive fishery management authority of the United 
States shall not include, nor shall it be construed to extend 
to, highly migratory species of fish.
---------------------------------------------------------------------------
    \56\ 16 U.S.C. 1813.
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SEC. 104.\57\ EFFECTIVE DATE.

    This title shall take effect March 1, 1977.
---------------------------------------------------------------------------
    \57\ 16 U.S.C. 1811 note.
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     TITLE II--FOREIGN FISHING AND INTERNATIONAL FISHING AGREEMENTS

SEC. 201.\58\ FOREIGN FISHING.

    (a) In General.--After February 28, 1977, no foreign 
fishing is authorized within the exclusive economic zone,\59\ 
within the special areas,\60\ or for anadromous species or 
Continental Shelf fishery resources beyond such zone or 
areas,\61\ unless such foreign fishing--
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    \58\ 16 U.S.C. 1821.
    \59\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery 
conservation zone'' and inserted in lieu thereof ``exclusive economic 
zone'' throughout this Act.
    \60\ Sec. 301(d)(1)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``within the special areas,''.
    \61\ Sec. 301(d)(1)(B) of Public Law 102-251 (106 Stat. 63) struck 
out ``beyond the exclusive economic zone'' and inserted in lieu thereof 
``beyond such zone or areas''.
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          (1) \62\ is authorized under subsections (b) or (c) 
        or section 204(e), or under a permit issued under 
        section 204(d);
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    \62\ Sec. 105(a)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3563) amended and restated paras. (1) and (2).
---------------------------------------------------------------------------
          (2) \62\ is not prohibited under subsection (f); and
          (3) is conducted under, and in accordance with, a 
        valid and applicable permit issued pursuant to section 
        204.
    (b) Existing International Fishery Agreements.--Foreign 
fishing described in subsection (a) may be conducted pursuant 
to an international fishery agreement (subject to the 
provisions of section 202 (b) or (c)), if such agreement--
          (1) was in effect on the date of enactment of this 
        Act; and
          (2) has not expired, been renegotiated, or otherwise 
        ceased to be of force and effect with respect to the 
        United States.
    (c) Governing International Fishery Agreements.--Foreign 
fishing described in subsection (a) may be conducted pursuant 
to an international fishery agreement (other than a treaty) 
which meets the requirements of this subsection if such 
agreement becomes effective after application of section 203. 
Any such international fishery agreement shall hereafter in 
this Act be referred to as a ``governing international fishery 
agreement''. Each governing international fishery agreement 
shall acknowledge the exclusive fishery management authority of 
the United States, as set forth in this Act. It is the sense of 
the Congress that each such agreement shall include a binding 
commitment, on the part of such foreign nation and its fishing 
vessels, to comply with the following terms and conditions:
          (1) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by all regulations promulgated by the 
        Secretary pursuant to this Act, including any 
        regulations promulgated to implement any applicable 
        fishery management plan or any preliminary fishery 
        management plan.
          (2) The foreign nation, and the owner or operator of 
        any fishing vessel fishing pursuant to such agreement, 
        will abide by the requirement that--
                  (A) any officer authorized to enforce the 
                provisions of this Act (as provided for in 
                section 311) be permitted--
                          (i) to board, and search or inspect, 
                        any such vessel at any time,
                          (ii) to make arrests and seizures 
                        provided for in section 311(b) whenever 
                        such officer has reasonable cause to 
                        believe, as a result of such a search 
                        or inspection, that any such vessel or 
                        any person has committed an act 
                        prohibited by section 307, and
                          (iii) to examine and make notations 
                        on the permit issued pursuant to 
                        section 204 for such vessel;
                  (B) the permit issued for any such vessel 
                pursuant to section 204 be prominently 
                displayed in the wheelhouse of such vessel;
                  (C) transponders, or such other appropriate 
                position-fixing and identification equipment as 
                the Secretary of the department in which the 
                Coast Guard is operating determines to be 
                appropriate, be installed and maintained in 
                working order on each such vessel;
                  (D)\63\ United States observers required 
                under subsection (h) \64\ be permitted to be 
                stationed aboard any such vessel and that all 
                of the costs incurred incident to such 
                stationing, including the costs of data editing 
                and entry and observer monitoring, be paid for, 
                in accordance with such subsection, by the 
                owner or operator of the vessel;
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    \63\ Sec. 2(a)(1) of Public Law 97-453 (96 Stat. 2481) amended and 
restated subpara. (D). Subpara. (D) formerly read as follows:
    ``(D) duly authorized United States observers be permitted on board 
any such vessel and that the United States be reimbursed for the cost 
of such observers;''.
    \64\ Sec. 105(a)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3563) struck out ``(i)'' and inserted in lieu 
thereof ``(h)''.
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                  (E) any fees required under section 
                204(b)(10) be paid in advance;
                  (F) agents be appointed and maintained within 
                the United States who are authorized to receive 
                and respond to any legal process issued in the 
                United States with respect to such owner or 
                operator; and
                  (G) responsibility be assumed, in accordance 
                with any requirements prescribed by the 
                Secretary, for the reimbursement of United 
                States citizens for any loss of, or damage to, 
                their fishing vessels, fishing gear, or catch 
                which is caused by any fishing vessel of that 
                nation;
        and will abide by any other monitoring, compliance, or 
        enforcement requirement related to fishery conservation 
        and management which is included in such agreement.
          (3) The foreign nation and the owners or operators of 
        all of the fishing vessels of such nation shall not, in 
        any year, harvest an amount of fish which \65\ exceeds 
        such nation's allocation of the total allowable level 
        of foreign fishing, as determined under subsection (e).
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    \65\ Sec. 4(2) of Public Law 95-354 (92 Stat. 519) inserted 
``harvest an amount of fish which''.
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          (4) The foreign nation will--
                  (A) apply, pursuant to section 204, for any 
                required permits;
                  (B) deliver promptly to the owner or operator 
                of the appropriate fishing vessel any permit 
                which is issued under that section for such 
                vessel;
                  (C) abide by, and take appropriate steps 
                under its own laws to assure that all such 
                owners and operators comply with, section 
                204(a) and the applicable conditions and 
                restrictions established under section 
                204(b)(7); and
                  (D) \66\ take, or refrain from taking, as 
                appropriate, actions of the kind referred to in 
                subsection (e)(1) in order to receive favorable 
                allocations under such subsection.
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    \66\ Sec. 2(a)(2) of Public Law 97-453 (96 Stat. 2481) added 
subpara. (D).
---------------------------------------------------------------------------
    (d) \67\ Total Allowable Level of Foreign Fishing.--The 
total allowable level of foreign fishing, if any, with respect 
to any fishery subject to the exclusive fishery management 
authority of the United States, shall be that portion of the 
optimum yield of such fishery which will not be harvested by 
vessels of the United States, as determined in accordance with 
this Act.
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    \67\ The text of subsec. (d) was restored to the original by sec. 
104 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 
104 Stat. 4439). Previously, sec. 230 of Public Law 96-561 amended and 
restated subsec. (d) to read as follows:
    ``(d) Total Allowable Level of Foreign Fishing.--(1) As used in 
this subsection--
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  ``(A) The term `base harvest' means, with respect to any United States 
fishery, the total allowable level of foreign fishing during the 1979 
harvesting season.

  ``(B) The term `harvesting season' means the period established under 
this Act by the Secretary during which foreign fishing is permitted within 
a United States fishery. For purposes of this subsection, a harvesting 
season is designated by the calendar year in which the last day of the 
harvesting season occurs, regardless whether fishing is not permitted on 
that day due to emergency or other closure of the fishery.

  ``(C) The term `calculation factor' means, with respect to each United 
States fishery, 15 percent of the base harvest.

  ``(D) The term `reduction factor amount' means, with respect to each 
United States fishery, for any harvesting season after the 1980 harvesting 
season--

  ``(i) an amount equal to 15 percent of the base harvest for that fishery, 
if, in addition to the level of harvest by vessels of the United States in 
the designated preceding harvesting season for the fishery, such vessels 
harvest, in one or more harvesting season, not less than 75 percent of the 
calculation factor;

  ``(ii) an amount equal to 10 percent of the base harvest for the fishery, 
if, in addition to the level of harvest by vessels of the United States in 
the designated preceding harvesting season for the fishery, such vessels 
harvest, in one or more harvesting seasons, not less than 50 percent, but 
less than 75 percent, of the calculation factor; or

  ``(iii) an amount equal to 5 percent of the base harvest for the fishery, 
if, in addition to the level of harvest by vessels of the United States in 
the designated previous harvesting season for the fishery, such vessels 
harvest, in one or more harvesting seasons, not less than 25 percent, but 
less than 50 percent, of the calculation factor.

``For purposes of this paragraph, the term `designated preceding harvest 
season' means--

  ``(I) until a reduction factor amount is first achieved under this 
paragraph with respect to the fishery concerned, the 1979 harvesting 
season, and

  ``(II) after such amount is first achieved, the most recent harvesting 
season in which a reduction factor amount was achieved.

  ``(E) The term `annual fishing level' for any United States fishery 
during any harvesting season after the 1980 harvesting season is the base 
harvest for the fishery reduced by--

  ``(i) an amount equal to the reduction factor amount for that harvesting 
season; and

  ``(ii) an amount equal to the increased level of harvest by vessels of 
the United States over the level achieved by such vessels in the 1979 
harvesting season for the fishery.

  ``(F) The term `United States fishery' means any fishery subject to the 
exclusive fishery management authority of the United States.
---------------------------------------------------------------------------

    ``(2) The total allowable level of foreign fishing, if any, with 
respect to any United States fishery for each harvesting season after 
the 1980 harvesting season shall be--
---------------------------------------------------------------------------

  ``(A) the level representing that portion of the optimum yield of such 
fishery that will not be harvested by vessels of the United States as 
determined in accordance with the provisions of this Act (other than those 
relating to the determination of annual fishing levels), or

  ``(B) the annual fishing level determined pursuant to paragraph (3) for 
the harvesting season.
---------------------------------------------------------------------------

    ``(3) For each United States fishery, the appropriate fishery 
management council, on a timely basis, may determine and certify to the 
Secretary of State and the Secretary the annual fishing level for that 
fishery for each harvesting season after the 1980 harvesting season.
    ``(4) If with respect to any harvesting season for any United 
States fishery for which the total allowable level of foreign fishing 
is determined under paragraph (2)(B), the Secretary, in consultation 
with the Secretary of State, approves the determination by any 
appropriate fishery management council that any portion of the optimum 
yield for that harvesting season will not be harvested by vessels of 
the United States, the Secretary of State, in accordance with 
subsection (e), may allocate such portion for use during that 
harvesting season by foreign fishing vessels; except that if--
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  ``(A) the making available of such portion (or any part thereof) during 
that harvesting season is determined to be detrimental to the development 
of the United States fishing industry; and

  ``(B) such portion or part will be available for harvest in the 
immediately succeeding harvesting season, as determined on the basis of the 
best available scientific information;

then such portion or part may be allocated for use by foreign fishing 
vessels in such succeeding harvesting season. The determinations required 
to be made under subparagraphs (A) and (B) of the preceding sentence shall 
be made by the Secretary in consultation with the Secretary of State and on 
the basis of any recommendation of any appropriate fishery management 
council.''.

    (e) Allocation of Allowable Level.--(1) \68\ (A) The 
Secretary of State, in cooperation with the Secretary, may make 
allocations to foreign nations from \69\ the total allowable 
level of foreign fishing which is permitted with respect to 
each fishery subject to the exclusive fishery management 
authority of the United States.
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    \68\ Sec. 2(a)(4) of Public Law 97-453 (96 Stat. 2481) amended and 
restated para. (1). Previously, sec. 3 of Public Law 96-61 (93 Stat. 
407) amended subsec. (e) by designating the existing text as para. (1) 
and adding a new para. (2). In addition, sec. 231 of Public Law 96-561 
(94 Stat. 3297) amended and restated the last sentence of para. (1), 
effective for the 1981 harvesting season and harvesting seasons 
thereafter.
    \69\ Sec. 404(2)(A) of Public Law 98-623 (98 Stat. 3408) struck out 
``shall determine the allocation among foreign nations of'' and 
inserted in lieu thereof ``may make allocations to foreign nations 
from''.
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    (B) From the determinations made under subparagraph (A), 
the Secretary of State shall compute the aggregate of all of 
the fishery allocations made of each foreign nation.
    (C) The Secretary of State shall initially release to each 
foreign nation for harvesting up to 50 percent of the 
allocations aggregate computed for such nation under 
subparagraph (B), and such release of allocation shall be 
apportioned by the Secretary of State, in cooperation with the 
Secretary, among the individual fishery allocations determined 
for that nation under subparagraph (A). The basis on which each 
apportionment is made under this subparagraph shall be stated 
in writing by the Secretary of State.
    (D) After the initial release of fishery allocations under 
subparagraph (C) to a foreign nation, any subsequent release of 
an allocation for any fishery to such nation shall only be 
made--
          (i) after the lapse of such period of time as may be 
        sufficient for purposes of making the determination 
        required under clause (ii); and
          (ii) if the Secretary of State and the Secretary, 
        after taking into account the size of the allocation 
        for such fishery and the length and timing of the 
        fishing season, determine in writing that such nation 
        is complying with the purposes and intent of this 
        paragraph with respect to such fishery.
If the foreign nation is not determined under clause (ii) to be 
in such compliance, the Secretary of State shall reduce, in a 
manner and quantity he considers to be appropriate (I) the 
remainder of such allocation, or (II) if all of such allocation 
has been released, the next allocation of such fishery, if any, 
made to such nation.
    (E) The determinations required to be made under 
subparagraphs (A) and (D)(ii), and the apportionments required 
to be made under subparagraph (C), with respect to a foreign 
nation shall be based on--
          (i) whether, and to what extent, such nation imposes 
        tariff barriers or nontariff barriers on the 
        importation, or otherwise restricts the market access, 
        of both \70\ United States fish and \70\ fishery 
        products, particularly fish and fishery products for 
        which the foreign nation has requested as allocation; 
        \70\
---------------------------------------------------------------------------
    \70\ Sec. 404(2)(B) of Public Law 98-623 (98 Stat. 3408) amended 
clause (i) by inserting ``both'', by striking out ``or'' and inserting 
in lieu thereof ``and'', and by adding the final phrase beginning with 
the words ``, particularly fish and fishery products''.
---------------------------------------------------------------------------
          (ii) \71\ whether, and to what extent, such nation is 
        cooperating with the United States in both the 
        advancement of existing and new opportunities for 
        fishery exports from the United States through the 
        purchase of fishery products from United States 
        processors, and the advancement of fisheries trade 
        through the purchase of fish and fishery products from 
        United States fishermen, particularly fish and fishery 
        products for which the foreign nation has requested an 
        allocation;
---------------------------------------------------------------------------
    \71\ Sec. 404(2)(C) of Public Law 98-623 (98 Stat. 3408) amended 
and restated clause (ii). It previously read as follows:
    ``(ii) Whether, and to what extent, such nation is cooperating with 
the United States in the advancement of existing and new opportunities 
for fisheries trade, particularly through the purchase of fish or 
fishery products from United States processors or from United States 
fishermen;''.
---------------------------------------------------------------------------
          (iii) whether, and to what extent, such nation and 
        the fishing fleets of such nation have cooperated with 
        the United States in the enforcement of United States 
        fishing regulations;
          (iv) whether, and to what extent, such nation 
        requires the fish harvested from the exclusive economic 
        zone \59\ or special areas \72\ for its domestic 
        consumption;
---------------------------------------------------------------------------
    \72\ Sec. 301(d)(2) of Public Law 102-251 (106 Stat. 63) inserted 
``or special areas''.
---------------------------------------------------------------------------
          (v) whether, and to what extent, such nation 
        otherwise contributes to, or fosters the growth of, a 
        sound and economic United States fishing industry, 
        including minimizing gear conflicts with fishing 
        operations of United States fishermen, and transferring 
        harvesting or processing technology which will benefit 
        the United States fishing industry;
          (vi) whether, and to what extent, the fishing vessels 
        of such nation have traditionally engaged in fishing in 
        such fishery;
          (vii) whether, and to what extent, such nation is 
        cooperating with the United States in, and making 
        substantial contributions to, fishery research and the 
        identification of fishery resources; and
          (viii) such other matters as the Secretary of State, 
        in cooperation with the Secretary, deems appropriate.
    (2) \73\ (A) For the purposes of this paragraph--
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    \73\ Sec. 3 of Public Law 96-61 (93 Stat. 407) added para. (2).
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          (i) The term ``certification'' means a certification 
        made by the Secretary that nationals of a foreign 
        country, directly or indirectly, are conducting fishing 
        operations or engaging in trade or taking which 
        diminishes the effectiveness of the International 
        Convention for the Regulation of Whaling. A 
        certification under this section shall also be deemed a 
        certification for the purposes of section 8(a) of the 
        Fisherman's Protective Act of 1967 (22 U.S.C. 1978(a)).
          (ii) The term ``remedial period'' means the 365-day 
        period beginning on the date on which a certification 
        is issued with respect to a foreign country.
    (B) If the Secretary issues a certification with respect to 
any foreign country, then each allocation under paragraph (1) 
that--
          (i) is in effect for that foreign country on the date 
        of issuance; or
          (ii) is not in effect on such date but would, without 
        regard to this paragraph, be made to the foreign 
        country within the remedial period;
shall be reduced by the Secretary of State, in consultation 
with the Secretary, by not less than 50 percent.
    (C) The following apply for purposes of administering 
subparagraph (B) with respect to any foreign country:
          (i) If on the date of certification, the foreign 
        country has harvested a portion, but not all, of the 
        quantity of fish specified under any allocation, the 
        reduction under subparagraph (B) for that allocation 
        shall be applied with respect to the quantity not 
        harvested as of such date.
          (ii) If the Secretary notified the Secretary of State 
        that it is not likely that the certification of a 
        foreign country will be terminated under section 8(d) 
        of the Fishermen's Protective Act of 1967 before the 
        close of the period for which an allocation is 
        applicable or before the close of the remedial period 
        (whichever close first occurs) the Secretary of State, 
        in consultation with the Secretary, shall reallocate 
        any portion of any reduction made under subparagraph 
        (B) among one or more foreign countries for which no 
        certification is in effect.
          (iii) If the certification is terminated under such 
        section 8(d) during the remedial period, the Secretary 
        of State shall return to the foreign country that 
        portion of any allocation reduced under subparagraph 
        (B) that was not reallocated under clause (ii); unless 
        the harvesting of the fish covered by the allocation is 
        otherwise prohibited under this Act.
          (iv) The Secretary may refund or credit, by reason of 
        reduction of any allocation under this paragraph, any 
        fee paid under section 204.
    (D) If the certification of a foreign country is not 
terminated under section 8(d) of the Fishermen's Protective Act 
of 1967 before the close of the last day of the remedial 
period, the Secretary of State--
          (i) with respect to any allocation made to that 
        country and in effect (as reduced under subparagraph 
        (B)) on such last day, shall rescind, effective on and 
        after the day after such last day, any unharvested 
        portion of such allocation; and
          (ii) may not thereafter make any allocation to that 
        country under paragraph (1) until the certification is 
        terminated.
    (f) \74\ Reciprocity.--Foreign fishing shall not be 
authorized for the fishing vessels of any foreign nation unless 
such nation satisfies the Secretary and the Secretary of State 
that such nation extends substantially the same fishing 
privileges to fishing vessels of the United States, if any, as 
the United States extends to foreign fishing vessels.
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    \74\ Sec. 4(3) of Public Law 95-354 (Stat. 519) redesignated 
subsecs. (f) and (g) as (g) and (h), respectively, and added a new 
subsec. (f), requiring an annual report from the Secretary of the 
Treasury on allocations made to foreign nations. Subsec. (f) was 
subsequently repealed by sec. 139(24) of the Foreign Relations 
Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 
Stat. 399). Sec. 105(a)(3) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3563) repealed subsec. (f) again, and sec. 105(a)(4) 
of that Act redesignated subsecs. (g) through (j) as subsecs. (f) 
through (i).
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    (g) \74\ Preliminary Fishery Management Plans.--The 
Secretary, when notified by the Secretary of State that any 
foreign nation has submitted an application under section 
204(b), shall prepare a preliminary fishery management plan for 
any fishery covered by such application if the Secretary 
determines that no fishery management plan for that fishery 
will be prepared and implemented, pursuant to title III, before 
March 1, 1977. To the extent practicable, each such plan--
          (1) \75\ shall contain a preliminary description of 
        the fishery and a preliminary determination as to--
---------------------------------------------------------------------------
    \75\ Sec. 4(4) of Public Law 95-354 amended para. (1) by 
effectively adding the text of subpara. (B).
---------------------------------------------------------------------------
                  (A) the optimum yield from such fishery;
                  (B) when appropriate, the capacity and extent 
                to which United States fish processors will 
                process that portion of such optimum yield that 
                will be harvested by vessels of the United 
                States; and
                  (C) the total allowable level of foreign 
                fishing with respect to such fishery;
          (2) shall require each foreign fishing vessel engaged 
        or wishing to engage in such fishery to obtain a permit 
        from the Secretary;
          (3) shall require the submission of pertinent data to 
        the Secretary, with respect to such fishery, as 
        described in section 303(a)(5); and
          (4) may, to the extent necessary to prevent 
        irreversible effects from overfishing, with respect to 
        such fishery, contain conservation and management 
        measures applicable to foreign fishing which--
                  (A) are determined to be necessary and 
                appropriate for the conservation and management 
                of such fishery,
                  (B) are consistent with the national 
                standards, the other provisions of this Act, 
                and other applicable law, and
                  (C) are described in section 303(b) (2), (3), 
                (4), (5), and (7).
Each preliminary fishery management plan shall be in effect 
with respect to foreign fishing for which permits have been 
issued until a fishery management plan is prepared and 
implemented, pursuant to title III, with respect to such 
fishery. The Secretary may in accordance with section 553 of 
title 5, United States Code, also prepare and promulgate 
interim regulations with respect to any such preliminary plan. 
Such regulations shall be in effect until regulations 
implementing the applicable fishery management plan are 
promulgated pursuant to section 305.
    (h) \74\, \76\ Full Observer Coverage Program.--
(1)(A) Except as provided in paragraph (2), the Secretary shall 
establish a program under which a United States observer will 
be stationed aboard each foreign fishing vessel while that 
vessel is engaged in fishing within the exclusive economic zone 
\59\ or special areas.\77\
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    \76\ Sec. 236 of Public Law 96-561 (94 Stat. 3299) added subsec. 
(i). Sec. 237 of the same Act stated that subsec. (i) shall take effect 
on October 1, 1981, and shall apply to permits issued under sec. 204 of 
this Act after December 31, 1981.
    \77\ Sec. 301(d)(3) of Public Law 102-251 (106 Stat. 63) inserted 
``or special areas''.
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    (B) \78\ The Secretary shall by regulation prescribe 
minimum health and safety standards that shall be maintained 
aboard each foreign fishing vessel with regard to the 
facilities provided for the quartering of, and the carrying out 
of observer functions by, United States observers.
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    \78\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added 
subpara. (B).
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    (2) The requirement in paragraph (1) that a United States 
observer be placed aboard each foreign fishing vessel may be 
waived by the Secretary if he finds that--
          (A) in a situation where a fleet of harvesting 
        vessels transfers its catch taken within the exclusive 
        economic zone \79\ or special areas \77\ to another 
        vessel, aboard which is a United States observer, the 
        stationing of United States observers on only a portion 
        of the harvesting vessel fleet will provide a 
        representative sampling of the by-catch of the fleet 
        that is sufficient for purposes of determining whether 
        the requirements of the applicable management plans for 
        the by-catch species are being complied with;
---------------------------------------------------------------------------
    \79\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery 
conservation zone'' and inserted in lieu thereof ``exclusive economic 
zone'' throughout this Act.
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          (B) \80\ in a situation where the foreign fishing 
        vessel is operating under a Pacific Insular Area 
        fishing agreement, the Governor of the applicable 
        Pacific Insular Area, in consultation with the Western 
        Pacific Council, has established an observer coverage 
        program that is at least equal in effectiveness to the 
        program established by the Secretary;
---------------------------------------------------------------------------
    \80\ Sec. 105(a)(5) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) redesignated subparas. (B) and (C) as 
subparas. (C) and (D), and added a new subpara. (B).
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          (C) \81\ the time during which a foreign fishing 
        vessel will engage in fishing within the exclusive 
        economic zone or special areas \77\ will be of such 
        short duration that the placing of a United States 
        observer aboard the vessel would be impractical; or
---------------------------------------------------------------------------
    \81\ Sec. 103(a)(2) of Public Law 99-659 (100 Stat. 3708) added 
subpara. (C) as subpara. (B). Sec. 105(a)(5) of the Sustainable 
Fisheries Act (Public Law 104-297; 110 Stat. 3564) redesignated 
subpara. (B) as subpara. (C).
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          (D) \80\ for reasons beyond the control of the 
        Secretary, an observer is not available.
    (3) \82\ Observers, while stationed aboard foreign fishing 
vessels, shall carry out such scientific, compliance 
monitoring, and other functions as the Secretary deems 
necessary or appropriate to carry out the purposes of this Act; 
and shall cooperate in carrying out such other scientific 
programs relating to the conservation and management of living 
resources as the Secretary deems appropriate.
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    \82\ Sec. 2(a)(5)(A)(i) of Public Law 97-453 (96 Stat. 2482) 
amended and restated para. (3). It formally read as follows:
    ``(3) United States observers, while aboard foreign fishing 
vessels, shall carry out such scientific and other functions as the 
Secretary deems necessary or appropriate to carry out the purposes of 
this Act.''.
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    (4) In addition to any fee imposed under section 204(b)(10) 
of this Act and section 10(e) of the Fishermen's Protective Act 
of 1967 (22 U.S.C. 1980(e)) with respect to foreign fishing for 
any year after 1980, the Secretary shall impose, with respect 
to each foreign fishing vessel for which a permit is issued 
under such section 204, a surcharge in an amount sufficient to 
cover all the costs of providing a United States observer 
aboard that vessel. The failure to pay any surcharge imposed 
under this paragraph shall be treated by the Secretary as a 
failure to pay the permit fee for such vessel under section 
204(b)(10). All surcharges collected by the Secretary under 
this paragraph shall be deposited in the Foreign Fishing 
Observer Fund established by paragraph (5).\83\
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    \83\ The Departments of Commerce, Justice, and State, the 
Judiciary, and Related Agencies Appropriations Act, 2003 (Division B of 
sec. 3 of Public Law 108-7; 117 Stat. 7), provided:
---------------------------------------------------------------------------

``foreign fishing observer fund
---------------------------------------------------------------------------

    ``For expenses necessary to carry out the provisions of the 
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), 
the Magnuson-Stevens Fishery Conservation and Management Act of 1976, 
as amended (Public Law 100-627), the American Fisheries Promotion Act 
(Public Law 96-561) and the International Dolphin Conservation Program 
Act (Public Law 105-42), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $1,000, to remain available until expended.''.
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    (5) There is established in the Treasury of the United 
States the Foreign Fishing Observer Fund. The Fund shall be 
available to the Secretary as a revolving fund for the purpose 
of carrying out this subsection. The Fund shall consist of the 
surcharges deposited into it as required under paragraph (4). 
All payments made by the Secretary to carry out this subsection 
shall be paid from the Fund, only to the extent and in the 
amounts provided for in advance in appropriation Acts. Sums in 
the Fund which are not currently needed for the purposes of 
this subsection shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.
    (6) \84\ If at any time the requirement set forth in 
paragraph (1) cannot be- met because of insufficient 
appropriations, the Secretary shall, in implementing a 
supplementary observer program:
---------------------------------------------------------------------------
    \84\ Sec. 2(a)(5)(A)(ii) of Public Law 97-453 (96 Stat. 2482) added 
para. (6), effective January 1, 1984.
---------------------------------------------------------------------------
          (A) certify as observers, for the purposes of this 
        subsection, individuals who are citizens or nationals 
        of the United States and who have the requisite 
        education or experience to carry out the functions 
        referred to in paragraph (3);
          (B) establish standards of conduct for certified 
        observers equivalent to those applicable to Federal 
        personnel;
          (C) establish a reasonable schedule of fees that 
        certified observers or their agents shall be paid by 
        the owners and operators of foreign fishing vessels for 
        observer services; and
          (D) monitor the performance of observers to ensure 
        that it meets the purposes of this Act.
    (i) \74\, \85\ Recreational Fishing.--
Notwithstanding any other provision of this title, foreign 
fishing vessels which are not operated for profit may engage in 
recreational fishing within the exclusive economic zone \86\ or 
special areas \87\ and the waters within the boundaries of a 
State subject to obtaining such permits, paying such reasonable 
fees, and complying with such conditions and restrictions as 
the Secretary and the Governor of the State (or his designee) 
shall impose as being necessary or appropriate to insure that 
the fishing activity of such foreign vessels within such zone, 
areas,\88\ or waters, respectively, is consistent with all 
applicable Federal and State laws and any applicable fishery 
management plan implemented under section 304.\89\ The 
Secretary shall consult with the Secretary of State and the 
Secretary of the Department in which the Coast Guard is 
operating in formulating the conditions and restrictions to be 
applied by the Secretary under the authority of this 
subsection.
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    \85\ Sec. 2(a)(6) of Public Law 97-453 (96 Stat. 2483) added 
subsec. (j), since redesignated as subsec. (i).
    \86\ Sec. 101(c)(2) of Public Law 99-659 struck out ``fishery 
conservation zone'' and inserted in lieu thereof ``exclusive economic 
zone'' throughout this Act.
    \87\ Sec. 301(d)(4)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``or special areas''.
    \88\ Sec. 301(d)(4)(B) of Public Law 102-251 (106 Stat. 63) 
inserted ``, areas'' after ``such zone''.
    \89\ Sec. 105(a)(6) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``305'' and inserted in lieu 
thereof ``304''.
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SEC. 202.\90\ INTERNATIONAL FISHERY AGREEMENTS.

    (a) Negotiations.--The Secretary of State--
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    \90\ 16 U.S.C. 1822. See also sec. 801 of the Fishery Conservation 
Amendments of 1990 (Public Law 101-627).
---------------------------------------------------------------------------
          (1) shall renegotiate treaties as provided for in 
        subsection (b);
          (2) shall negotiate governing international fishery 
        agreements described in section 201(c);
          (3) may negotiate boundary agreements as provided for 
        in subsection (d);
          (4) shall, upon the request of and in cooperation 
        with the Secretary, initiate and conduct negotiations 
        for the purpose of entering into international fishery 
        agreements--
                  (A) which allow fishing vessels of the United 
                States equitable access to fish over which 
                foreign nations assert exclusive fishery 
                management authority, and
                  (B) which provide for the conservation and 
                management of anadromous species and highly 
                migratory species; and
          (5) may enter into such other negotiations, not 
        prohibited by subsection (c), as may be necessary and 
        appropriate to further the purposes, policy, and 
        provisions of this Act.
    (b) Treaty Renegotiation.--The Secretary of State, in 
cooperation with the Secretary, shall initiate, promptly after 
the date of enactment of this Act, the renegotiation of any 
treaty which pertains to fishing within the exclusive economic 
zone \86\ (or within the area that will constitute such zone 
after February 28, 1977) or special areas,\91\ or for 
anadromous species or Continental Shelf fishery resources 
beyond such zone or areas,\92\ and which is in any manner 
inconsistent with the purposes, policy, or provisions of this 
Act, in order to conform such treaty to such purposes, policy, 
and provisions. It is the sense of Congress that the United 
States shall withdraw from any such treaty, in accordance with 
its provisions, if such treaty is not so renegotiated within a 
reasonable period of time after such date of enactment.
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    \91\ Sec. 301(e)(1)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``or special areas'' after ``February 28, 1977)''.
    \92\ Sec. 301(e)(1)(B) of Public Law 102-251 (106 Stat. 63) struck 
out ``such zone or area'' and inserted in lieu thereof ``such zone or 
areas'' .
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    (c) International Fishery Agreements.--No international 
fishery agreement (other than a treaty) which pertains to 
foreign fishing within the exclusive economic zone \86\ (or 
within the area that will constitute such zone after February 
28, 1977) or special areas,\93\ or for anadromous species or 
Continental Shelf fishery resources beyond such zone or areas--
\94\
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    \93\ Sec. 301(e)(2)(A) of Public Law 102-251 (106 Stat. 63) 
inserted ``or special areas''.
    \94\ Sec. 301(e)(2)(B) of Public Law 102-251 (106 Stat. 63) struck 
out ``such zone or area'' and inserted in lieu thereof ``such zone or 
areas''.
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          (1) which is in effect on June 1, 1976, may 
        thereafter be renewed, extended, or amended; or
          (2) may be entered into after May 31, 1976;
by the United States unless it is in accordance with the 
provisions of section 201(c) or section 204(e).\95\
---------------------------------------------------------------------------
    \95\ Sec. 105(b)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) inserted ``or section 204(e)''.
---------------------------------------------------------------------------
    (d) Boundary Negotiations.--The Secretary of State, in 
cooperation with the Secretary, may initiate and conduct 
negotiations with any adjacent or opposite foreign nation to 
establish the boundaries of the exclusive economic zone \86\ of 
the United States in relation to any such nation.
    (e) \96\ Highly Migratory Species Agreements.--
---------------------------------------------------------------------------
    \96\ Sec. 105(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4439) redesignated subsec. (e) as (f) 
and added a new (e).
---------------------------------------------------------------------------
          (1) Evaluation.--The Secretary of State, in 
        cooperation with the Secretary, shall evaluate the 
        effectiveness of each existing international fishery 
        agreement which pertains to fishing for highly 
        migratory species. Such evaluation shall consider 
        whether the agreement provides for--
                  (A) the collection and analysis of necessary 
                information for effectively managing the 
                fishery, including but not limited to 
                information about the number of vessels 
                involved, the type and quantity of fishing gear 
                used, the species of fish involved and their 
                location, the catch and bycatch levels in the 
                fishery, and the present and probable future 
                condition of any stock of fish involved.
                  (B) the establishment of measures applicable 
                to the fishery which are necessary and 
                appropriate for the conservation and management 
                of the fishery resource involved;
                  (C) equitable arrangements which provide 
                fishing vessels of the United States with (i) 
                access to the highly migratory species that are 
                the subject of the agreement and (ii) a portion 
                of the allowable catch that reflects the 
                traditional participation by such vessels in 
                the fishery;
                  (D) effective enforcement of conservation and 
                management measures and access arrangements 
                throughout the area of jurisdiction; and
                  (E) sufficient and dependable funding to 
                implement the provisions of the agreement, 
                based on reasonable assessments of the benefits 
                derived by participating nations.
          (2) Access negotiations.--The Secretary of State, in 
        cooperation with the Secretary, shall initiate 
        negotiations with respect to obtaining access for 
        vessels of the United States fishing for tuna species 
        within the exclusive economic zones of other nations on 
        reasonable terms and conditions.
          (3) Reports.--The Secretary of State shall report to 
        the Congress--
                  (A) within 12 months after the date of 
                enactment of this subsection, on the results of 
                the evaluation required under paragraph (1). 
                together with recommendations for addressing 
                any inadequacies identified; and
                  (B) within six months after such date of 
                enactment, on the results of the access 
                negotiations required under paragraph (2).
          (4) Negotiation.--The Secretary of State, in 
        consultation with the Secretary, shall undertake such 
        negotiations with respect to international fishery 
        agreements on highly migratory species as are necessary 
        to correct inadequacies identified as a result of the 
        evaluation conducted under paragraph (1).
          (5) South pacific tuna treaty.--It is the sense of 
        the Congress that the United States Government shall, 
        at the earliest opportunity, begin negotiations for the 
        purpose of extending the Treaty on Fisheries Between 
        the Governments of Certain Pacific Island States and 
        the Government of the United States of America, signed 
        at Port Moresby, Papua New Guinea, April 2, 1987, and 
        it \97\ Annexes, Schedules, and implementing agreements 
        for an additional term of 10 years on terms and 
        conditions at least as favorable to vessels of the 
        United States and the United States Government.
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    \97\ So in original. Should read ``its''.
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    (f) \96\ Nonrecognition.--It is the sense of the Congress 
that the United States Government shall not recognize the claim 
of any foreign nation to an exclusive economic zone 
\86\, \98\ (or the equivalent) beyond such nation's 
territorial sea, to the extent that such sea is recognized by 
the United States, if such nation--
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    \98\ Sec. 120(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4459) struck out ``a exclusive economic 
zone'' and inserted in lieu thereof ``an exclusive economic zone''.
---------------------------------------------------------------------------
          (1) fails to consider and take into account 
        traditional fishing activity of fishing vessels of the 
        United States;
          (2) fails to recognize and accept that highly 
        migratory species are to be managed by applicable 
        international fishery agreements, whether or not such 
        nation is a party to any such agreement; or
          (3) imposes on fishing vessels of the United States 
        any conditions or restrictions which are unrelated to 
        fishery conservation and management.
    (g) \99\ Fishery Agreement With Union of Soviet Socialist 
Republics.--(1) The Secretary of State, in consultation with 
the Secretary, is authorized to negotiate and conclude a 
fishery agreement with Russia of a duration of no more than 3 
years, pursuant to which--
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    \99\ Sec. 301(e)(3) of Public Law 102-251 (106 Stat. 63) added 
subsec. (g).
---------------------------------------------------------------------------
          (A) Russia will give United States fishing vessels 
        the opportunity to conduct traditional fisheries within 
        waters claimed by the United States prior to the 
        conclusion of the Agreement between the United States 
        of America and the Union of Soviet Socialist Republics 
        on the Maritime Boundary, signed June 1, 1990, west of 
        the maritime boundary, including the western special 
        area described in Article 3(2) of the Agreement;
          (B) the United States will give fishing vessels of 
        Russia the opportunity to conduct traditional fisheries 
        within waters claimed by the Union of Soviet Socialist 
        Republics prior to the conclusion of the Agreement 
        referred to in subparagraph (A), east of the maritime 
        boundary, including the eastern special areas described 
        in Article 3(1) of the Agreement;
          (C) catch data shall be made available to the 
        government of the country exercising fisheries 
        jurisdiction over the eaters in which the catch 
        occurred; and
          (D) each country shall have the right to place 
        observers on board vessels of the other country and to 
        board and inspect such vessels.
    (2) Vessels operating under a fishery agreement negotiated 
and concluded pursuant to paragraph (1) shall be subject to 
regulations and permit requirements of the country in whose 
waters the fisheries are conducted only to the extent such 
regulations and permit requirements are specified in that 
agreement.
    (3) The Secretary of Commerce may promulgate such 
regulations, in accordance with section 553 of title 5, United 
States Code, as may be necessary to carry out the provisions of 
any fishery agreement negotiated and concluded pursuant to 
paragraph (1).
    (h) \100\ Bycatch Reduction Agreements.--
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    \100\ Sec. 105(b)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) added subsec. (h).
---------------------------------------------------------------------------
          (1) The Secretary of State, in cooperation with the 
        Secretary, shall seek to secure an international 
        agreement to establish standards and measures for 
        bycatch reduction that are comparable to the standards 
        and measures applicable to United States fishermen for 
        such purposes in any fishery regulated pursuant to this 
        Act for which the Secretary, in consultation with the 
        Secretary of State, determines that such an 
        international agreement is necessary and appropriate.
          (2) An international agreement negotiated under this 
        subsection shall be--
                  (A) consistent with the policies and purposes 
                of this Act; and
                  (B) subject to approval by Congress under 
                section 203.
          (3) Not later than January 1, 1997, and annually 
        thereafter, the Secretary, in consultation with the 
        Secretary of State, shall submit to the Committee on 
        Commerce, Science, and Transportation of the Senate and 
        the Committee on Resources of the House of 
        Representatives a report describing actions taken under 
        this subsection.

SEC. 203.\101\ CONGRESSIONAL OVERSIGHT OF INTERNATIONAL FISHERY 
                    AGREEMENTS.

    (a) In General.--No governing international fishery 
agreement, bycatch reduction agreement, or Pacific Insular Area 
fishery agreement \102\ shall become effective with respect to 
the United States before the close of the first 120 days 
(excluding any days in a period for which the Congress is 
adjourned sine die) \103\ after the date on which the President 
transmits to the House of Representatives and to the Senate a 
document setting forth the text of such governing international 
fishery agreement, bycatch reduction agreement, or Pacific 
Insular Area fishery agreement.\102\ A copy of the document 
shall be delivered to each House of Congress on the same day 
and shall be delivered to the Clerk of the House of 
Representatives, if the House is not in session, and to the 
Secretary of the Senate, if the Senate is not in session.
---------------------------------------------------------------------------
    \101\ 16 U.S.C. 1823. Sec. 105(c)(1) of the Sustainable Fisheries 
Act (Public Law 104-297; 110 Stat. 3564) struck out ``GOVERNING'' in 
the section catchline. See related Public Laws beginning at page 113.
    Sec. 101 of Public Law 105-384 (112 Stat. 3451) provided the 
following:
    ``Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the United 
States of America and the Government of the Republic of Poland, as 
contained in the message to Congress from the President of the United 
States dated February 5, 1998, is approved as a governing international 
fishery agreement for the purposes of such Act and shall enter into 
force and effect with respect to the United States on the date of the 
enactment of this Act.''.
    \102\ Sec. 105(c)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``agreement'' each place it 
appeared in subsec. (a) and inserted in lieu thereof ``agreement, 
bycatch reduction agreement, or Pacific Insular Area fishery 
agreement''.
    \103\ Sec. 105(c)(3) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``60 calendar days of continuous 
session of the Congress'' and inserted in lieu thereof ``120 days 
(excluding any days in a period for which the Congress is adjourned 
sine die)''.
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    (b) Referral to Committees.--Any document described in 
subsection (a) shall be immediately referred in the House of 
Representatives to the Committee on Merchant Marine and 
Fisheries,\104\ and in the Senate to the Committees on 
Commerce, Science, and Transportation and on \105\ Foreign 
Relations.
---------------------------------------------------------------------------
    \104\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Merchant Marine and Fisheries of 
the House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).
---------------------------------------------------------------------------

    \105\ Sec. 6(x)(1) of Public Law 103-437 (108 Stat. 4587) struck 
out ``Commerce and'' and inserted in lieu thereof ``Commerce, Science, 
and Transportation and on''.
---------------------------------------------------------------------------
    (c) \106\ Congressional Procedures.--
---------------------------------------------------------------------------
    \106\ Sec. 105(c)(4) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out subsec. (c), which had provided for 
the calculation of the 60-day period. Sec. 105(c)(5) of that Act 
further redesignated subsec. (d) as subsec. (c).
---------------------------------------------------------------------------
          (1) Rules of the house of representatives and 
        senate.--The provisions of this section are enacted by 
        the Congress--
                  (A) as an exercise of the rulemaking power of 
                the House of Representatives and the Senate, 
                respectively, and they are deemed a part of the 
                rules of each House, respectively, but 
                applicable only with respect to the procedure 
                to be followed in that House in the case of 
                fishery agreement resolutions described in 
                paragraph (2), and they supersede other rules 
                only to the extent that they are inconsistent 
                therewith; and
                  (B) with full recognition of the 
                constitutional right of either House to change 
                the rules (so far as they relate to the 
                procedure of that House) at any time, and in 
                the same manner and to the same extent as in 
                the case of any other rule of that House.
          (2) Definition.--For purposes of this subsection, the 
        term ``fishery agreement resolution'' refers to a joint 
        resolution of either House of Congress--
                  (A) the effect of which is to prohibit the 
                entering into force and effect of any governing 
                international fishery agreement, bycatch 
                reduction agreement, or Pacific Insular Area 
                fishery agreement \107\ the text of which is 
                transmitted to the Congress pursuant to 
                subsection (a); and
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    \107\ Sec. 105(c)(6) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3564) struck out ``agreement'' and inserted in lieu 
thereof ``agreement, bycatch reduction agreement, or Pacific Insular 
Area fishery agreement''.
---------------------------------------------------------------------------
                  (B) which is reported from the Committee on 
                Merchant Marine and Fisheries of the House of 
                Representatives \104\ or the Committee on 
                Commerce, Science, and Transportation \108\ or 
                the Committee on Foreign Relations of the 
                Senate, not later than 45 days after the date 
                on which the document described in subsection 
                (a) relating to that agreement is transmitted 
                to the Congress.
---------------------------------------------------------------------------
    \108\ Sec. 6(x)(2) of Public Law 103-437 (108 Stat. 4587) struck 
out ``Commerce'' and inserted in lieu thereof ``Commerce, Science, and 
Transportation''.
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          (3) Placement on calendar.--Any fishery agreement 
        resolution upon being reported shall immediately be 
        placed on the appropriate calendar.
          (4) Floor consideration in the house.--
                  (A) A motion in the House of Representatives 
                to proceed to the consideration of any fishery 
                agreement resolution shall be highly privileged 
                and not debatable. An amendment to the motion 
                shall not be in order, nor shall it be in order 
                to move to reconsider the vote by which the 
                motion is agreed to or disagreed to.
                  (B) Debate in the House of Representatives on 
                any fishery agreement resolution shall be 
                limited to not more than 10 hours, which shall 
                be divided equally between those favoring and 
                those opposing the resolution. A motion further 
                to limit debate shall not be debatable. It 
                shall not be in order to move to recommit any 
                fishery agreement resolution or to move to 
                reconsider the vote by which any fishery 
                agreement resolution is agreed to or disagreed 
                to.
                  (C) Motions to postpone, made in the House of 
                Representatives with respect to the 
                consideration of any fishery agreement 
                resolution, and motions to proceed to the 
                consideration of other business, shall be 
                decided without debate.
                  (D) All appeals from the decisions of the 
                Chair relating to the application of the Rules 
                of the House of Representatives to the 
                procedure relating to any fishery agreement 
                resolution shall be decided without debate.
                  (E) Except to the extent specifically 
                provided in the preceding provisions of this 
                subsection, consideration of any fishery 
                agreement resolution shall be governed by the 
                Rules of the House of Representatives 
                applicable to other bills and resolutions in 
                similar circumstances.
          (5) Floor consideration in the senate.--
                  (A) A motion in the Senate to proceed to the 
                consideration of any fishery agreement 
                resolution shall be privileged and not 
                debatable. An amendment to the motion shall not 
                be in order, nor shall it be in order to move 
                to reconsider the vote by which the motion is 
                agreed to or disagreed to.
                  (B) Debate in the Senate on any fishery 
                agreement resolution and on all debatable 
                motions and appeals in connection therewith 
                shall be limited to not more than 10 hours. The 
                time shall be equally divided between, and 
                controlled by, the majority leader and the 
                minority leader or their designees.
                  (C) Debate in the Senate on any debatable 
                motion or appeal in connection with any fishery 
                agreement resolution shall be limited to not 
                more than 1 hour, to be equally divided 
                between, and controlled by, the mover of the 
                motion or appeal and the manager of the 
                resolution, except that if the manager of the 
                resolution is in favor of any such motion or 
                appeal, the time in opposition thereto shall be 
                controlled by the minority leader or his 
                designee. The majority leader and the minority 
                leader, or either of them, may allot additional 
                time to any Senator during the consideration of 
                any debatable motion or appeal, from the time 
                under their control with respect to the 
                applicable fishery agreement resolution.
                  (D) A motion in the Senate to further limit 
                debate is not debatable. A motion to recommit 
                any fishery agreement resolution is not in 
                order.

SEC. 204.\109\ PERMITS FOR FOREIGN FISHING.

    (a) In General.--After February 28, 1977, no foreign 
fishing vessel shall engage in fishing within the exclusive 
economic zone \86\ within the special areas \110\ or for 
anadromous species or Continental Shelf fishery resources 
beyond such zone or areas,\111\ unless such vessel has on board 
a valid permit issued under this section for such vessel.
---------------------------------------------------------------------------
    \109\ 16 U.S.C. 1824.
    \110\ Sec. 301(f)(1) of Public Law 102-251 (106 Stat. 64) inserted 
``within the special areas''.
    \111\ Sec. 301(f)(2) of Public Law 102-251 (106 Stat. 64) inserted 
``or areas''.
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    (b) Applications and Permits Under Government International 
Fishery Agreements.--
          (1) Eligibility.--Each foreign nation with which the 
        United States has entered into a governing 
        international fishery agreement shall submit an 
        application to the Secretary of State each year for a 
        permit for each of its fishing vessels that wishes to 
        engage in fishing described in subsection (a). No 
        permit issued under this section may be valid for 
        longer than a year; and section 558(c) of title 5, 
        United States Code, does not apply to the renewal of 
        any such permit.\112\
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    \112\ Sec. 102(1) of Public Law 99-659 (100 Stat. 3707) added this 
sentence.
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          (2) Forms.--The Secretary, in consultation with the 
        Secretary of State and the Secretary of the department 
        in which the Coast Guard is operating, shall prescribe 
        the forms for permit applications submitted under this 
        subsection and for permits issued pursuant to any such 
        application.
          (3) Contents.--Any application made under this 
        subsection shall specify--
                  (A) the name and official number or other 
                identification of each fishing vessel for which 
                a permit is sought, together with the name and 
                address of the owner thereof;
                  (B) the tonnage, hold \113\ capacity, speed, 
                processing equipment, type and quantity of 
                fishing gear, and such other pertinent 
                information with respect to characteristics of 
                each such vessel as the Secretary may require;
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    \113\ Sec. 3(1) of Public Law 97-453 (96 Stat. 2483) inserted 
``hold''.
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                  (C) each fishery in which each such vessel 
                wishes to fish;
                  (D) \114\ the estimated amount of tonnage of 
                fish which will be caught, taken, or harvested 
                in each such fishery by each such vessel during 
                the time the permit is in force;
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    \114\ Sec. 4(5)(A) of Public Law 95-354 (92 Stat. 520) amended and 
restated subpara. (D).
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                  (E) \115\ the amount or tonnage of United 
                States harvested fish, if any, which each such 
                vessel proposes to receive at sea from vessels 
                of the United States;
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    \115\ Sec. 4(5)(B) of Public Law 95-520 (92 Stat. 520) redesignated 
subpara. (E) as (F) and added a new subpara. (E).
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                  (F) \115\ the ocean area in which, and the 
                season or period during which, such fishing 
                will be conducted; and
                  (G) \116\ all applicable vessel safety 
                standards imposed by the foreign country, and 
                shall include written certification that the 
                vessel is in compliance with those standards,
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    \116\ Sec. 103(b)(3) of Public Law 99-659 (100 Stat. 3709) added 
subpara. (G).
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        and shall include any other pertinent information and 
        material which the Secretary may require.
          (4) Transmittal for action.--Upon receipt of any 
        application which complies with the requirements of 
        paragraph (3), the Secretary of State shall publish a 
        notice of receipt of the application in the Federal 
        Register. Any such notice shall summarize the contents 
        of the applications from each nation included therein 
        with respect to the matters described in paragraph 
        (3).\117\ The Secretary of State \118\ shall promptly 
        transmit--
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    \117\ Sec. 3(2) of Public Law 97-453 (96 Stat. 2483) struck out 
``and shall be set forth under the name of each Council to which it 
will be transmitted for comment'' which previously appeared at this 
point.
    \118\ Sec. 4(6) of Public Law 95-354 (92 Stat. 520) struck out 
``such application in the Federal Register and'' and inserted in lieu 
thereof the words to this point beginning with ``a notice of receipt''.
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                  (A) such application, together with his 
                comments and recommendations thereon, to the 
                Secretary;
                  (B) \119\ a copy of the application to the 
                Secretary of the department in which the Coast 
                Guard is operating; and
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    \119\ Sec. 3(3) of Public Law 97-453 (96 Stat. 2483) amended and 
restated subparas. (B) and (C). They previously read as follows:
    ``(B) a copy of the application to each appropriate Council and to 
the Secretary of the department in which the Coast Guard is operating; 
and
    ``(C) a monthly summary of foreign fishing applications including a 
report on approval applications as described in paragraphs (6) and (7) 
to the Committee on Merchant Marine and Fisheries of the House of 
Representatives and to the Committees on Commerce and Foreign Relations 
of the Senate.''.
    Previously, sec. 208 of Public Law 96-470 (94 Stat. 2245) added the 
requirement for the summary mentioned in subpara. (C) to be provided on 
a monthly basis.
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                  (C) \119\ a copy or a summary of the 
                application to the appropriate Council,\120\
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    \120\ Sec. 120(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4459) capitalized ``council''.
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          (5) Action by council.--After receiving a copy or 
        summary of an application under paragraph (4)(C), the 
        Council may \121\ prepare and submit to the Secretary 
        such written comments on the application as it deems 
        appropriate. Such comments shall be submitted within 45 
        days after the date on which the application is 
        received by the Council and may include recommendations 
        with respect to approval of the application and, if 
        approval is recommended, with respect to appropriate 
        conditions and restrictions thereon. Any interested 
        person may submit comments to such Council with respect 
        to any such application. The Council shall consider any 
        such comments in formulating its submission to the 
        Secretary.
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    \121\ Sec. 3(4) of Public Law 97-453 (96 Stat. 2483) struck out 
``After receipt of an application transmitted under paragraph (4)(B), 
each appropriate Council shall'' and inserted in lieu thereof ``After 
receiving a copy or summary of an application under paragraph (4)(C), 
the Council may''.
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          (6) Approval.--(A) \122\ After receipt of any 
        application transmitted under paragraph (4)(A), the 
        Secretary shall consult with the Secretary of State 
        and, with respect to enforcement, with the Secretary of 
        the department in which the Coast Guard is operating. 
        The Secretary, after taking into consideration the 
        views and recommendations of such Secretaries, and any 
        comments submitted by any Council under paragraph (5), 
        may approve, subject to subparagraph (B) \122\ the 
        application, if he determines that the fishing 
        described in the application will meet the requirements 
        of this Act or he may disapprove all or any portion of 
        the application.\123\
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    \122\ Sec. 4(7) of Public Law 95-354 (92 Stat. 520) inserted 
``(A)'', added the words ``, subject to subparagraph (B),'' and added 
subpara. (B).
    \123\ Sec. 102(3) of Public Law 99-659 (100 Stat. 3707) inserted 
``or he may disapprove all or any portion of the application''.
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          (B) \122\ (i) In the case of any application which 
        specifies that one or more foreign fishing vessels 
        propose to receive at sea United States harvested fish 
        from vessels of the United States, the Secretary may 
        approve the application unless the Secretary 
        determines, on the basis of the views, recommendations, 
        and comments referred to in subparagraph (A) and other 
        pertinent information, that United States fish 
        processors have adequate capacity, and will utilize 
        such capacity, to process all United States harvested 
        fish from the fishery concerned.
          (ii) The amount or tonnage of United States harvested 
        fish which may be received at sea during any year by 
        foreign fishing vessels under permits approved under 
        this paragraph may not exceed that portion of the 
        optimum yield of the fishery concerned which will not 
        be utilized by the United States fish processors.
          (iii) In deciding whether to approve any application 
        under this subparagraph, the Secretary may take into 
        account, with respect to the foreign nation concerned, 
        such other matters as the Secretary deems appropriate.
          (7) Establishment of conditions and restrictions.--
        The Secretary shall establish conditions and 
        restrictions which shall be included in each permit 
        issued pursuant to any application approved under 
        paragraph (6) or subsection (d) \124\ and which must be 
        complied with by the owner or operator of the fishing 
        vessel for which the permit is issued. Such conditions 
        and restrictions shall include the following:
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    \124\ Sec. 105(d)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
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                  (A) All of the requirements of any applicable 
                fishery management plan, or preliminary fishery 
                management plan, and any applicable Federal or 
                State fishing regulations.\125\
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    \125\ Sec. 105(d)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) struck out ``the regulations promulgated to 
implement any such plan'' and inserted in lieu thereof ``any applicable 
Federal or State fishing regulations''.
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                  (B) The requirement that no permit may be 
                used by any vessel other than the fishery 
                vessel for which it is issued.
                  (C) The requirements described in section 
                201(c) (1), (2), and (3).
                  (D) \126\ If the permit is issued other than 
                pursuant to an application approved under 
                paragraph (6)(B) or subsection (d),\127\ the 
                restriction that the foreign fishing vessel may 
                not receive at sea United States harvested fish 
                vessels of the United States.
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    \126\ Sec. 4(8) of Public Law 95-354 (92 Stat. 521) redesignated 
subpara. (D) as (F) and added new subparas. (D) and (E).
    \127\ Sec. 105(d)(3) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) inserted ``or subsection (d)''.
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                  (E) \126\ If the permit is issued pursuant to 
                an application approved under paragraph (6)(B), 
                the maximum amount or tonnage of United States 
                harvested fish which may be received at sea 
                from vessels of the United States.
                  (F) \126\ Any other condition and restriction 
                related to fishery conservation and management 
                which the Secretary prescribes as necessary and 
                appropriate.
          (8) Notice of approval.--The Secretary shall promptly 
        transmit a copy of each application approved under 
        paragraph (6) and the conditions and restrictions 
        established under paragraph (7) to--
                  (A) the Secretary of State for transmittal to 
                the foreign nation involved;
                  (B) the Secretary of the department in which 
                the Coast Guard is operating; and
                  (C) any Council which has authority over any 
                fishery specified in such application.\128\
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    \128\ Sec. 111(b) of Public Law 96-470 (94 Stat. 2239) struck out a 
former subpara. (D), which previously appeared at this point and had 
required a copy of each application approved also be submitted to the 
Senate Foreign Relations Committee and the House Merchant Marine and 
Fisheries Committee.
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          (9) Disapproval of applications.--If the Secretary 
        does not approve any application submitted by a foreign 
        nation under this subsection, he shall promptly inform 
        the Secretary of State of the disapproval and his 
        reason therefor. The Secretary of State shall notify 
        such foreign nation of the disapproval and the reasons 
        therefor. Such foreign nation, after taking into 
        consideration the reasons for disapproval, may submit a 
        revised application under this subsection.
          (10) \129\ Fees.--
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     \129\ Sec. 106(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4440) amended and restated para. (10). 
Previously, sec. 232 of Public Law 96-561 (94 Stat. 3298) amended and 
restated para. (10).
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                  (A) Fees shall be paid to the Secretary by 
                the owner or operator of any foreign fishing 
                vessel for which a permit has been issued 
                pursuant to this section. The Secretary, in 
                consultation with the Secretary of State, shall 
                establish a schedule of reasonable fees that 
                shall apply nondiscriminatorily to each foreign 
                nation.
                  (B) Amounts collected by the Secretary under 
                this paragraph shall be deposited in the 
                general fund of the Treasury.
          (11) Issuance of permits.--If a foreign nation 
        notifies the Secretary of State of its acceptance of 
        the conditions and restrictions established by the 
        Secretary under paragraph (7), the Secretary of State 
        shall promptly transmit such notification to the 
        Secretary. Upon payment of the applicable fees 
        established pursuant to paragraph (10), the Secretary 
        shall thereupon issue to such foreign nation, through 
        the Secretary of State, permits for the appropriate 
        fishing vessels of that nation. Each permit shall 
        contain a statement of all conditions and restrictions 
        established under paragraph (7) which apply to the 
        fishing vessel for which the permit is issued.
    (12) \130\ * * * [Repealed--1990]
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    \130\ Sec. 106(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4441) repealed para. (12). Para. (12) 
had provided for the revocation, suspension, limiting, or denial of 
permits for any foreign country determined to be in violation of sec. 
307 of this Act (16 U.S.C. 1857).
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    (c) Registration Permits.--The Secretary of State, in 
cooperation with the Secretary, shall issue annually a 
registration permit for each fishing vessel of a foreign nation 
which is a party to an international fishery agreement under 
which foreign fishing is authorized by section 201(b) and which 
wishes to engage in fishing described in subsection (a). Each 
such permit shall set forth the terms and conditions contained 
in the agreement that apply with respect to such fishing, and 
shall include the additional requirement that the owner or 
operator of the fishing vessel for which the permit is issued 
shall prominently display such permit in the wheelhouse of such 
vessel and show it, upon request, to any officer authorized to 
enforce the provisions of this Act (as provided for in section 
311). The Secretary of State, after consultation with the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating, shall prescribe the form and manner 
in which applications for registration permits may be made, and 
the forms of such permits. The Secretary of State may 
establish, require the payment of, and collect fees for 
registration permits; except that level of such fees shall not 
exceed the administrative costs incurred by him in issuing such 
permits.
    (d) \131\ Transshipment Permits.--
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    \131\ Sec. 105(d)(4) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3565) added subsecs. (d) and (e).
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          (1) Authority to issue permits.--The Secretary may 
        issue a transshipment permit under this subsection 
        which authorizes a vessel other than a vessel of the 
        United States to engage in fishing consisting solely of 
        transporting fish or fish products at sea from a point 
        within the exclusive economic zone or, with the 
        concurrence of a State, within the boundaries of that 
        State, to a point outside the United States to any 
        person who--
                  (A) submits an application which is approved 
                by the Secretary under paragraph (3); and
                  (B) pays a fee imposed under paragraph (7).
          (2) Transmittal.--Upon receipt of an application for 
        a permit under this subsection, the Secretary shall 
        promptly transmit copies of the application to the 
        Secretary of State, Secretary of the department in 
        which the Coast Guard is operating, any appropriate 
        Council, and any affected State.
          (3) Approval of application.--The Secretary may 
        approve, in consultation with the appropriate Council 
        or Marine Fisheries Commission, an application for a 
        permit under this section if the Secretary determines 
        that--
                  (A) the transportation of fish or fish 
                products to be conducted under the permit, as 
                described in the application, will be in the 
                interest of the United States and will meet the 
                applicable requirements of this Act;
                  (B) the applicant will comply with the 
                requirements described in section 201(c)(2) 
                with respect to activities authorized by any 
                permit issued pursuant to the application;
                  (C) the applicant has established any bonds 
                or financial assurances that may be required by 
                the Secretary; and
                  (D) no owner or operator of a vessel of the 
                United States which has adequate capacity to 
                perform the transportation for which the 
                application is submitted has indicated to the 
                Secretary an interest in performing the 
                transportation at fair and reasonable rates.
          (4) Whole or partial approval.--The Secretary may 
        approve all or any portion of an application under 
        paragraph (3).
          (5) Failure to approve application.--If the Secretary 
        does not approve any portion of an application 
        submitted under paragraph (1), the Secretary shall 
        promptly inform the applicant and specify the reasons 
        therefor.
          (6) Conditions and restrictions.--The Secretary shall 
        establish and include in each permit under this 
        subsection conditions and restrictions, including those 
        conditions and restrictions set forth in subsection 
        (b)(7), which shall be complied with by the owner and 
        operator of the vessel for which the permit is issued.
          (7) Fees.--The Secretary shall collect a fee for each 
        permit issued under this subsection, in an amount 
        adequate to recover the costs incurred by the United 
        States in issuing the permit, except that the Secretary 
        shall waive the fee for the permit if the foreign 
        nation under which the vessel is registered does not 
        collect a fee from a vessel of the United States 
        engaged in similar activities in the waters of such 
        foreign nation.
    (e) \131\ Pacific Insular Areas.--
          (1) Negotiation of pacific insular area fishery 
        agreements.--The Secretary of State, with the 
        concurrence of the Secretary and in consultation with 
        any appropriate Council, may negotiate and enter into a 
        Pacific Insular Area fishery agreement to authorize 
        foreign fishing within the exclusive economic zone 
        adjacent to a Pacific Insular Area--
                  (A) in the case of American Samoa, Guam, or 
                the Northern Mariana Islands, at the request 
                and with the concurrence of, and in 
                consultation with, the Governor of the Pacific 
                Insular Area to which such agreement applies; 
                and
                  (B) in the case of a Pacific Insular Area 
                other than American Samoa, Guam, or the 
                Northern Mariana Islands, at the request of the 
                Western Pacific Council.
          (2) Agreement terms and conditions.--A Pacific 
        Insular Area fishery agreement--
                  (A) shall not be considered to supersede any 
                governing international fishery agreement 
                currently in effect under this Act, but shall 
                provide an alternative basis for the conduct of 
                foreign fishing within the exclusive economic 
                zone adjacent to Pacific Insular Areas;
                  (B) shall be negotiated and implemented 
                consistent only with the governing 
                international fishery agreement provisions of 
                this title specifically made applicable in this 
                subsection;
                  (C) may not be negotiated with a nation that 
                is in violation of a governing international 
                fishery agreement in effect under this Act;
                  (D) shall not be entered into if it is 
                determined by the Governor of the applicable 
                Pacific Insular Area with respect to agreements 
                initiated under paragraph (1)(A), or the 
                Western Pacific Council with respect to 
                agreements initiated under paragraph (1)(B), 
                that such an agreement will adversely affect 
                the fishing activities of the indigenous people 
                of such Pacific Insular Area;
                  (E) shall be valid for a period not to exceed 
                three years and shall only become effective 
                according to the procedures in section 203; and
                  (F) shall require the foreign nation and its 
                fishing vessels to comply with the requirements 
                of paragraphs (1), (2), (3) and (4)(A) of 
                section 201(c), section 201(d), and section 
                201(h).
          (3) Permits for foreign fishing.--
                  (A) Application for permits for foreign 
                fishing authorized under a Pacific Insular 
                Areas fishing agreement shall be made, 
                considered and approved or disapproved in 
                accordance with paragraphs (3), (4), (5), (6), 
                (7) (A) and (B), (8), and (9) of subsection 
                (b), and shall include any conditions and 
                restrictions established by the Secretary in 
                consultation with the Secretary of State, the 
                Secretary of the department in which the Coast 
                Guard is operating, the Governor of the 
                applicable Pacific Insular Area, and the 
                appropriate Council.
                  (B) If a foreign nation notifies the 
                Secretary of State of its acceptance of the 
                requirements of this paragraph, paragraph 
                (2)(F), and paragraph (5), including any 
                conditions and restrictions established under 
                subparagraph (A), the Secretary of State shall 
                promptly transmit such notification to the 
                Secretary. Upon receipt of any payment required 
                under a Pacific Insular Area fishing agreement, 
                the Secretary shall thereupon issue to such 
                foreign nation, through the Secretary of State, 
                permits for the appropriate fishing vessels of 
                that nation. Each permit shall contain a 
                statement of all of the requirements, 
                conditions, and restrictions established under 
                this subsection which apply to the fishing 
                vessel for which the permit is issued.
          (4) Marine conservation plans.--
                  (A) Prior to entering into a Pacific Insular 
                Area fishery agreement, the Western Pacific 
                Council and the appropriate Governor shall 
                develop a 3-year marine conservation plan 
                detailing uses for funds to be collected by the 
                Secretary pursuant to such agreement. Such plan 
                shall be consistent with any applicable fishery 
                management plan, identify conservation and 
                management objectives (including criteria for 
                determining when such objectives have been 
                met), and prioritize planned marine 
                conservation projects. Conservation and 
                management objectives shall include, but not be 
                limited to--
                          (i) establishment of Pacific Insular 
                        Area observer programs, approved by the 
                        Secretary in consultation with the 
                        Western Pacific Council, that provide 
                        observer coverage for foreign fishing 
                        under Pacific Insular Area fishery 
                        agreements that is at least equal in 
                        effectiveness to the program 
                        established by the Secretary under 
                        section 201(h);
                          (ii) conduct of marine and fisheries 
                        research, including development of 
                        systems for information collection, 
                        analysis, evaluation, and reporting;
                          (iii) conservation, education, and 
                        enforcement activities related to 
                        marine and coastal management, such as 
                        living marine resource assessments, 
                        habitat monitoring and coastal studies;
                          (iv) grants to the University of 
                        Hawaii for technical assistance 
                        projects by the Pacific Island Network, 
                        such as education and training in the 
                        development and implementation of 
                        sustainable marine resources 
                        development projects, scientific 
                        research, and conservation strategies; 
                        and
                          (v) western Pacific community-based 
                        demonstration projects under section 
                        112(b) of the Sustainable Fisheries Act 
                        and other coastal improvement projects 
                        to foster and promote the management, 
                        conservation, and economic enhancement 
                        of the Pacific Insular Areas.
                  (B) In the case of American Samoa, Guam, and 
                the Northern Mariana Islands, the appropriate 
                Governor, with the concurrence of the Western 
                Pacific Council, shall develop the marine 
                conservation plan described in subparagraph (A) 
                and submit such plan to the Secretary for 
                approval. In the case of other Pacific Insular 
                Areas, the Western Pacific Council shall 
                develop and submit the marine conservation plan 
                described in subparagraph (A) to the Secretary 
                for approval.
                  (C) If a Governor or the Western Pacific 
                Council intends to request that the Secretary 
                of State renew a Pacific Insular Area fishery 
                agreement, a subsequent 3-year plan shall be 
                submitted to the Secretary for approval by the 
                end of the second year of the existing 3-year 
                plan.
          (5) Reciprocal conditions.--Except as expressly 
        provided otherwise in this subsection, a Pacific 
        Insular Area fishing agreement may include terms 
        similar to the terms applicable to United States 
        fishing vessels for access to similar fisheries in 
        waters subject to the fisheries jurisdiction of another 
        nation.
          (6) Use of payments by american samoa, guam, northern 
        mariana islands.--Any payments received by the 
        Secretary under a Pacific Insular Area fishery 
        agreement for American Samoa, Guam, or the Northern 
        Mariana Islands shall be deposited into the United 
        States Treasury and then covered over to the Treasury 
        of the Pacific Insular Area for which those funds were 
        collected. Amounts deposited in the Treasury of a 
        Pacific Insular Area shall be available, without 
        appropriation or fiscal year limitation, to the 
        Governor of the Pacific Insular Area--
                  (A) to carry out the purposes of this 
                subsection;
                  (B) to compensate (i) the Western Pacific 
                Council for mutually agreed upon administrative 
                costs incurred relating to any Pacific Insular 
                Area fishery agreement for such Pacific Insular 
                Area, and (ii) the Secretary of State for 
                mutually agreed upon travel expenses for no 
                more than 2 Federal representatives incurred as 
                a direct result of complying with paragraph 
                (1)(A); and
                  (C) to implement a marine conservation plan 
                developed and approved under paragraph (4).
          (7) Western pacific sustainable fisheries fund.--
        There is established in the United States Treasury a 
        Western Pacific Sustainable Fisheries Fund into which 
        any payments received by the Secretary under a Pacific 
        Insular Area fishery agreement for any Pacific Insular 
        Area other than American Samoa, Guam, or the Northern 
        Mariana Islands shall be deposited. The Western Pacific 
        Sustainable Fisheries Fund shall be made available, 
        without appropriation or fiscal year limitation, to the 
        Secretary, who shall provide such funds only to--
                  (A) the Western Pacific Council for the 
                purpose of carrying out the provisions of this 
                subsection, including implementation of a 
                marine conservation plan approved under 
                paragraph (4);
                  (B) the Secretary of State for mutually 
                agreed upon travel expenses for no more than 2 
                Federal representatives incurred as a direct 
                result of complying with paragraph (1)(B); and
                  (C) the Western Pacific Council to meet 
                conservation and management objectives in the 
                State of Hawaii if monies remain in the Western 
                Pacific Sustainable Fisheries Fund after the 
                funding requirements of subparagraphs (A) and 
                (B) have been satisfied.
        Amounts deposited in such fund shall not diminish 
        funding received by the Western Pacific Council for the 
        purpose of carrying out other responsibilities under 
        this Act.
          (8) Use of fines and penalties.--In the case of 
        violations occurring within the exclusive economic zone 
        off American Samoa, Guam, or the Northern Mariana 
        Islands, amounts received by the Secretary which are 
        attributable to fines or penalties imposed under this 
        Act, including such sums collected from the forfeiture 
        and disposition or sale of property seized subject to 
        its authority, after payment of direct costs of the 
        enforcement action to all entities involved in such 
        action, shall be deposited into the Treasury of the 
        Pacific Insular Area adjacent to the exclusive economic 
        zone in which the violation occurred, to be used for 
        fisheries enforcement and for implementation of a 
        marine conservation plan under paragraph (4).

SEC. 205.\132\ IMPORT PROHIBITIONS.

    (a) Determinations by Secretary of State.--If the Secretary 
of State determines that--
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    \132\ 16 U.S.C. 1825.
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          (1) he has been unable, within a reasonable period of 
        time, to conclude with any foreign nation an 
        international fishery agreement allowing fishing 
        vessels of the United States equitable access to 
        fisheries over which that nation asserts exclusive 
        fishery management authority, including fisheries of 
        the tuna species \133\ as recognized by the United 
        States, in accordance with \133\ fishing activities of 
        such vessels, if any, and under terms not more 
        restrictive than those established under sections 201 
        (c) and (d) and 204(b) (7) and (10), because such 
        nation has (A) refused to commence negotiations, or (B) 
        failed to negotiate in good faith;
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    \133\ Effective January 1, 1992, Sec. 105(b) of the Fishery 
Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4440) 
inserted ``including fisheries of the tuna species''. Sec. 105(b) 
further struck out ``traditional'', that previously followed ``in 
accordance with'', struck out ``highly migratory'' in para. (2) and 
inserted in lieu thereof ``tuna''.
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          (2) any foreign nation is not allowing fishing 
        vessels of the United States to engage in fishing for 
        tuna \133\ species in accordance with an applicable 
        international fishery agreement, whether or not such 
        nation is a party thereto;
          (3) any foreign nation is not complying with its 
        obligations under any existing international fishery 
        agreement concerning fishing by fishing vessels of the 
        United States in any fishery over which that nation 
        asserts exclusive fishery management authority; or
          (4) any fishing vessel of the United States, while 
        fishing in waters beyond any foreign nation's 
        territorial sea, to the extent that such sea is 
        recognized by the United States, is seized by any 
        foreign nation--
                  (A) in violation of an applicable 
                international fishery agreement;
                  (B) without authorization under an agreement 
                between the United States and such nation; or
                  (C) as a consequence of a claim of 
                jurisdiction which is not recognized by the 
                United States;
he shall certify such determination to the Secretary of the 
Treasury.
    (b) Prohibitions.--Upon receipt of any certification from 
the Secretary of State under subsection (a), the Secretary of 
the Treasury shall immediately take such action as may be 
necessary and appropriate to prohibit the importation into the 
United States--
          (1) of all fish and fish products from the fishery 
        involved, if any; and
          (2) upon recommendation of the Secretary of State, 
        such other fish or fish products, from any fishery of 
        the foreign nation concerned, which the Secretary of 
        State finds to be appropriated to carry out the 
        purposes of this section.
    (c) Removal of Prohibition.--If the Secretary of State 
finds that the reasons for the imposition of any import 
prohibition under this section no longer prevail, the Secretary 
of State shall notify the Secretary of the Treasury, who shall 
promptly remove such import prohibition.
    (d) Definitions.--As used in this section--
          (1) The term ``fish'' includes any highly migratory 
        species.
          (2) The term ``fish products'' means any article 
        which is produced from or composed for (in which or in 
        part) any fish.

SEC. 206.\134\ LARGE-SCALE DRIFTNET FISHING.

    (a) Short Title.--This section incorporates and expands 
upon provisions of the Driftnet Impact Monitoring, Assessment, 
and Control Act of 1987 and may be cited as the ``Driftnet Act 
Amendments of 1990''.
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    \134\ 16 U.S.C. 1826. Public Law 95-6 (91 Stat. 14) added sec. 206. 
Sec. 107(a) of the Fishery Conservation Amendments of 1990 (Public Law 
101-627; 104 Stat. 4441) amended and restated sec. 206.
    See also the High Seas Driftnet Fisheries Enforcement Act (Public 
Law 102-582; 106 Stat. 4900 et seq.).
---------------------------------------------------------------------------
    (b) Findings.--The Congress finds that--
          (1) the continued widespread use of large-scale 
        driftnets beyond the exclusive economic zone of any 
        nation is a destructive fishing practice that poses a 
        threat to living marine resources of the world's 
        oceans, including but not limited to the North and 
        South Pacific Ocean, and the Bering Sea;
          (2) the use of large-scale driftnets is expanding 
        into new regions of the world's oceans, including the 
        Atlantic Ocean and Caribbean Sea;
          (3) there is a pressing need for detailed and 
        reliable information on the number of seabirds, sea 
        turtles, nontarget fish, and marine mammals that become 
        entangled and die in actively fished large-scale 
        driftnets and in large-scale driftnets that are lost, 
        abandoned, or discarded;
          (4) increased efforts, including reliable observer 
        data and enforcement mechanisms, are needed to monitor, 
        assess, control, and reduce the adverse impact of 
        large-scale driftnet fishing on living marine 
        resources;
          (5) the nations of the world have agreed in the 
        United Nations, through General Assembly Resolution 
        Numbered 44-225, approved December 22, 1989, by the 
        General Assembly, that a moratorium should be imposed 
        by June 30, 1992, on the use of large-scale driftnets 
        beyond the exclusive economic zone of any nation;
          (6) the nations of the south Pacific have agreed to a 
        moratorium on the use of large-scale driftnets in the 
        South Pacific through the Convention for the 
        Prohibition of Fishing with Long Driftnets in the South 
        Pacific, which was agreed to in Wellington, New 
        Zealand, on November 29, 1989; and
          (7) increasing population pressures and new knowledge 
        of the importance of living marine resources to the 
        health of the global ecosystem demand that greater 
        responsibility by exercised by persons fishing or 
        developing new fisheries beyond the exclusive economic 
        zone of any nation.
    (c) Policy.--It is declared to be the policy of the 
Congress in this section that the United States should--
          (1) implement the moratorium called for by the United 
        Nations General Assembly in Resolution Numbered 44-225;
          (2) support the Tarawa Declaration and the Wellington 
        Convention for the Prohibition of Fishing with Long 
        Driftnets in the South Pacific; and
          (3) secure a permanent ban on the use of destructive 
        fishing practices, and in particular large-scale 
        driftnets, by persons or vessels fishing beyond the 
        exclusive economic zone of any nation.
    (d) International Agreements.--The Secretary, through the 
Secretary of State and the Secretary of the department in which 
the Coast Guard is operating, shall seek to secure 
international agreements to implement immediately the findings, 
policy, and provisions of this section, and in particular an 
international ban on large-scale driftnet fishing. The 
Secretary, through the Secretary of State, shall include, in 
any agreement which addresses the taking of living marine 
resources of the United States, provisions to ensure that--
          (1) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, 
        including vessels that may operate independently to 
        develop new fishing areas, which operate beyond the 
        exclusive economic zone of any nation, is included in 
        such agreement;
          (2) each large-scale driftnet fishing vessel of a 
        foreign nation that is party to the agreement, which 
        operates beyond the exclusive economic zone of any 
        nation, is equipped with satellite transmitters which 
        provide real-time position information accessible to 
        the United States;
          (3) statistically reliable monitoring by the United 
        States is carried out, through the use of on-board 
        observers or through dedicated platforms provided by 
        foreign nations that are parties to the agreement, of 
        all target and nontarget fish species, marine mammals, 
        sea turtles, and sea birds entangled or killed by 
        large-scale driftnets used by fishing vessels of 
        foreign nations that are parties to the agreement;
          (4) officials of the United States have the right to 
        board and inspect for violations of the agreement any 
        large-scale driftnet fishing vessels operating under 
        the flag of a foreign nation that is party to the 
        agreement at any time while such vessel is operating in 
        designated areas beyond the exclusive economic zone of 
        any nation;
          (5) all catch landed or transshipped at sea by large-
        scale driftnet fishing vessels of a foreign nation that 
        is a party to the agreement, and which are operated 
        beyond the exclusive economic zone of any nation, is 
        reliably monitored and documented;
          (6) time and area restrictions are imposed on the use 
        of large-scale driftnets in order to prevent 
        interception of anadromous species;
          (7) all large-scale driftnets used are constructed, 
        insofar as feasible, with biodegradable materials which 
        break into segments that do not represent a threat to 
        living marine resources;
          (8) all large-scale driftnets are marked at 
        appropriate intervals in a manner that conclusively 
        identifies the vessel and flag nation responsible for 
        each such driftnet;
          (9) the taking of nontarget fish species, marine 
        mammals, sea turtles, seabirds, and endangered species 
        or other species protected by international agreements 
        to which the United States is a party is minimized and 
        does not pose a threat to existing fisheries or the 
        long-term health of living marine resources; and
          (10) definitive steps are agreed upon to ensure that 
        parties to the agreement comply with the spirit of 
        other international agreements and resolutions 
        concerning the use of large-scale driftnets beyond the 
        exclusive economic zone of any nation.
    (e) \135\ Report.--Not later than January 1, 1991, and 
every year thereafter until the purposes of this section are 
met, the Secretary, after consultation with the Secretary of 
State and the Secretary of the department in which the Coast 
Guard is operating, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Merchant Marine and Fisheries \136\ of the House of 
Representatives a report--
---------------------------------------------------------------------------
    \135\ Sec. 105(f)(1) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3569) struck out paras. (3) and (4) of subsec. (e), 
and redesignated paras. (5) and (6) as paras. (3) and (4). Former 
paras. (3) and (4) read as follows:
---------------------------------------------------------------------------

  ``(3) identifying and evaluating the effectiveness of unilateral measures 
and multilateral measures, including sanctions, that are available to 
encourage nations to agree to and comply with this section, and 
recommendations for legislation to authorize any additional measures that 
are needed if those are considered ineffective;

  ``(4) identifying, evaluating, and making any recommendations considered 
necessary to improve the effectiveness of the law, policy, and procedures 
governing enforcement of the exclusive management authority of the United 
States over anadromous species against fishing vessels engaged in fishing 
beyond the exclusive economic zone of any nation;''.
---------------------------------------------------------------------------

    \136\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided 
that references to the Committee on Merchant Marine and Fisheries of 
the House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).

          (1) describing the steps taken to carry out the 
        provisions of this section, particularly subsection 
        (c);
          (2) evaluating the progress of those efforts, the 
        impacts on living marine resources, including available 
        observer data, and specifying plans for further action;
          (3) \135\ containing a list and description of any 
        new fisheries developed by nations that conduct, or 
        authorize their nationals to conduct, large-scale 
        driftnet fishing beyond the exclusive economic zone of 
        any nation; and
          (4) \135\ containing a list of the nations that 
        conduct, or authorize their nationals to conduct, 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation in a manner that diminishes 
        the effectiveness of or is inconsistent with any 
        international agreement governing large-scale driftnet 
        fishing to which the United States is a party or 
        otherwise subscribes.
    (f) Certification.--If at any time the Secretary, in 
consultation with the Secretary of State and the Secretary of 
the department in which the Coast Guard is operating, 
identifies any nation that warrants inclusion in the list 
described under subsection (e)(4),\137\ the Secretary shall 
certify that fact to the President. Such certification shall be 
deemed to be a certification for the purposes of section 8(a) 
of the Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)).
---------------------------------------------------------------------------
    \137\ Sec. 105(f)(2) of the Sustainable Fisheries Act (Public Law 
104-297; 110 Stat. 3569) struck out ``(e)(6)'' and inserted in lieu 
thereof ``(e)(4)''.
---------------------------------------------------------------------------
    (g) Effect on Sovereign Rights.--This section shall not 
serve or be construed to expand or diminish the sovereign 
rights of the United States, as stated by Presidential 
Proclamation Numbered 5030, dated March 10, 1983, and reflected 
in this Act or other existing law.
    (h) Definition.--As used in this section, the term ``living 
marine resources'' includes fish, marine mammals, sea turtles, 
and seabirds and other waterfowl.

             TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

          * * * * * * *

            TITLE IV--FISHERY MONITORING AND RESEARCH \138\

          * * * * * * *
---------------------------------------------------------------------------
    \138\ Title II of the Sustainable Fisheries Act (Public Law 104-
297; 110 Stat. 3604) amended and restated title IV, which previously 
related to miscellaneous provisions, including authorization of 
appropriations.
               b. Marine Turtle Conservation Act of 2004

  Public Law 108-266 [H.R. 3378], 118 Stat. 791, approved July 2, 2004

AN ACT To assist in the conservation of marine turtles and the nesting 
            habitats of marine turtles in foreign countries.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Marine Turtle Conservation 
Act of 2004''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 6601 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 6601.
---------------------------------------------------------------------------
          (1) marine turtle populations have declined to the 
        point that the long-term survival of the loggerhead, 
        green, hawksbill, Kemp's ridley, olive ridley, and 
        leatherback turtle in the wild is in serious jeopardy;
          (2) 6 of the 7 recognized species of marine turtles 
        are listed as threatened or endangered species under 
        the Endangered Species Act of 1973 (16 U.S.C. 1531 et 
        seq.), and all 7 species have been included in Appendix 
        I of CITES;
          (3) because marine turtles are long-lived, late-
        maturing, and highly migratory, marine turtles are 
        particularly vulnerable to the impacts of human 
        exploitation and habitat loss;
          (4) illegal international trade seriously threatens 
        wild populations of some marine turtle species, 
        particularly the hawksbill turtle;
          (5) the challenges facing marine turtles are immense, 
        and the resources available have not been sufficient to 
        cope with the continued loss of nesting habitats caused 
        by human activities and the consequent diminution of 
        marine turtle populations;
          (6) because marine turtles are flagship species for 
        the ecosystems in which marine turtles are found, 
        sustaining healthy populations of marine turtles 
        provides benefits to many other species of wildlife, 
        including many other threatened or endangered species;
          (7) marine turtles are important components of the 
        ecosystems that they inhabit, and studies of wild 
        populations of marine turtles have provided important 
        biological insights;
          (8) changes in marine turtle populations are most 
        reliably indicated by changes in the numbers of nests 
        and nesting females; and
          (9) the reduction, removal, or other effective 
        addressing of the threats to the long-term viability of 
        populations of marine turtles will require the joint 
        commitment and effort of--
                  (A) countries that have within their 
                boundaries marine turtle nesting habitats; and
                  (B) persons with expertise in the 
                conservation of marine turtles.
    (b) Purpose.--The purpose of this Act is to assist in the 
conservation of marine turtles and the nesting habitats of 
marine turtles in foreign countries by supporting and providing 
financial resources for projects to conserve the nesting 
habitats, conserve marine turtles in those habitats, and 
address other threats to the survival of marine turtles.

SEC. 3.\3\ DEFINITIONS.

    In this Act:
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 6602.
---------------------------------------------------------------------------
          (1) CITES.--The term ``CITES'' means the Convention 
        on International Trade in Endangered Species of Wild 
        Fauna and Flora (27 UST 1087; TIAS 8249).
          (2) Conservation.--The term ``conservation'' means 
        the use of all methods and procedures necessary to 
        protect nesting habitats of marine turtles in foreign 
        countries and of marine turtles in those habitats, 
        including--
                  (A) protection, restoration, and management 
                of nesting habitats;
                  (B) onsite research and monitoring of nesting 
                populations, nesting habitats, annual 
                reproduction, and species population trends;
                  (C) assistance in the development, 
                implementation, and improvement of national and 
                regional management plans for nesting habitat 
                ranges;
                  (D) enforcement and implementation of CITES 
                and laws of foreign countries to--
                          (i) protect and manage nesting 
                        populations and nesting habitats; and
                          (ii) prevent illegal trade of marine 
                        turtles;
                  (E) training of local law enforcement 
                officials in the interdiction and prevention 
                of--
                          (i) the illegal killing of marine 
                        turtles on nesting habitat; and
                          (ii) illegal trade in marine turtles;
                  (F) initiatives to resolve conflicts between 
                humans and marine turtles over habitat used by 
                marine turtles for nesting;
                  (G) community outreach and education; and
                  (H) strengthening of the ability of local 
                communities to implement nesting population and 
                nesting habitat conservation programs.
          (3) Fund.--The term ``Fund'' means the Marine Turtle 
        Conservation Fund established by section 5.
          (4) Marine turtle.--
                  (A) In general.--The term ``marine turtle'' 
                means any member of the family Cheloniidae or 
                Dermochelyidae.
                  (B) Inclusions.--The term ``marine turtle'' 
                includes--
                          (i) any part, product, egg, or 
                        offspring of a turtle described in 
                        subparagraph (A); and
                          (ii) a carcass of such a turtle.
          (5) Multinational species conservation fund.--The 
        term ``Multinational Species Conservation Fund'' means 
        the fund established under the heading ``multinational 
        species conservation fund'' in title I of the 
        Department of the Interior and Related Agencies 
        Appropriations Act, 1999 (16 U.S.C. 4246).
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of the Interior.

SEC. 4.\4\ MARINE TURTLE CONSERVATION ASSISTANCE.

    (a) In General.--Subject to the availability of funds and 
in consultation with other Federal officials, the Secretary 
shall use amounts in the Fund to provide financial assistance 
for projects for the conservation of marine turtles for which 
project proposals are approved by the Secretary in accordance 
with this section.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 6603.
---------------------------------------------------------------------------
    (b) Project Proposals.--
          (1) Eligible applicants.--A proposal for a project 
        for the conservation of marine turtles may be submitted 
        to the Secretary by--
                  (A) any wildlife management authority of a 
                foreign country that has within its boundaries 
                marine turtle nesting habitat if the activities 
                of the authority directly or indirectly affect 
                marine turtle conservation; or
                  (B) any other person or group with the 
                demonstrated expertise required for the 
                conservation of marine turtles.
          (2) Required elements.--A project proposal shall 
        include--
                  (A) a statement of the purposes of the 
                project;
                  (B) the name of the individual with overall 
                responsibility for the project;
                  (C) a description of the qualifications of 
                the individuals that will conduct the project;
                  (D) a description of--
                          (i) methods for project 
                        implementation and outcome assessment;
                          (ii) staff and community management 
                        for the project; and
                          (iii) the logistics of the project;
                  (E) an estimate of the funds and time 
                required to complete the project;
                  (F) evidence of support for the project by 
                appropriate governmental entities of the 
                countries in which the project will be 
                conducted, if the Secretary determines that 
                such support is required for the success of the 
                project;
                  (G) information regarding the source and 
                amount of matching funding available for the 
                project; and
                  (H) any other information that the Secretary 
                considers to be necessary for evaluating the 
                eligibility of the project for funding under 
                this Act.
    (c) Project Review and Approval.--
          (1) In general.--The Secretary shall--
                  (A) not later than 30 days after receiving a 
                project proposal, provide a copy of the 
                proposal to other Federal officials, as 
                appropriate; and
                  (B) review each project proposal in a timely 
                manner to determine whether the proposal meets 
                the criteria specified in subsection (d).
          (2) Consultation; approval or disapproval.--Not later 
        than 180 days after receiving a project proposal, and 
        subject to the availability of funds, the Secretary, 
        after consulting with other Federal officials, as 
        appropriate, shall--
                  (A) consult on the proposal with the 
                government of each country in which the project 
                is to be conducted;
                  (B) after taking into consideration any 
                comments resulting from the consultation, 
                approve or disapprove the project proposal; and
                  (C) provide written notification of the 
                approval or disapproval to the person that 
                submitted the project proposal, other Federal 
                officials, and each country described in 
                subparagraph (A).
    (d) Criteria for Approval.--The Secretary may approve a 
project proposal under this section if the project will help 
recover and sustain viable populations of marine turtles in the 
wild by assisting efforts in foreign countries to implement 
marine turtle conservation programs.
    (e) Project Sustainability.--To the maximum extent 
practicable, in determining whether to approve project 
proposals under this section, the Secretary shall give 
preference to conservation projects that are designed to ensure 
effective, long-term conservation of marine turtles and their 
nesting habitats.
    (f) Matching Funds.--In determining whether to approve 
project proposals under this section, the Secretary shall give 
preference to projects for which matching funds are available.
    (g) Project Reporting.--
          (1) In general.--Each person that receives assistance 
        under this section for a project shall submit to the 
        Secretary periodic reports (at such intervals as the 
        Secretary may require) that include all information 
        that the Secretary, after consultation with other 
        government officials, determines is necessary to 
        evaluate the progress and success of the project for 
        the purposes of ensuring positive results, assessing 
        problems, and fostering improvements.
          (2) Availability to the public.--Reports under 
        paragraph (1), and any other documents relating to 
        projects for which financial assistance is provided 
        under this Act, shall be made available to the public.

SEC. 5.\5\ MARINE TURTLE CONSERVATION FUND.

    (a) Establishment.--There is established in the 
Multinational Species Conservation Fund a separate account to 
be known as the ``Marine Turtle Conservation Fund'', consisting 
of--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 6604.
---------------------------------------------------------------------------
          (1) amounts transferred to the Secretary of the 
        Treasury for deposit into the Fund under subsection 
        (e);
          (2) amounts appropriated to the Fund under section 6; 
        and
          (3) any interest earned on investment of amounts in 
        the Fund under subsection (c).
    (b) Expenditures From Fund.--
          (1) In general.--Subject to paragraph (2), on request 
        by the Secretary, the Secretary of the Treasury shall 
        transfer from the Fund to the Secretary, without 
        further appropriation, such amounts as the Secretary 
        determines are necessary to carry out section 4.
          (2) Administrative expenses.--Of the amounts in the 
        account available for each fiscal year, the Secretary 
        may expend not more than 3 percent, or up to $80,000, 
        whichever is greater, to pay the administrative 
        expenses necessary to carry out this Act.
    (c) Investment of Amounts.--
          (1) In general.--The Secretary of the Treasury shall 
        invest such portion of the Fund as is not, in the 
        judgment of the Secretary of the Treasury, required to 
        meet current withdrawals. Investments may be made only 
        in interest-bearing obligations of the United States.
          (2) Acquisition of obligations.--For the purpose of 
        investments under paragraph (1), obligations may be 
        acquired--
                  (A) on original issue at the issue price; or
                  (B) by purchase of outstanding obligations at 
                the market price.
          (3) Sale of obligations.--Any obligation acquired by 
        the Fund may be sold by the Secretary of the Treasury 
        at the market price.
          (4) Credits to fund.--The interest on, and the 
        proceeds from the sale or redemption of, any 
        obligations held in the Fund shall be credited to and 
        form a part of the Fund.
    (d) Transfers of Amounts.--
          (1) In general.--The amounts required to be 
        transferred to the Fund under this section shall be 
        transferred at least monthly from the general fund of 
        the Treasury to the Fund on the basis of estimates made 
        by the Secretary of the Treasury.
          (2) Adjustments.--Proper adjustment shall be made in 
        amounts subsequently transferred to the extent prior 
        estimates were in excess of or less than the amounts 
        required to be transferred.
    (e) Acceptance and Use of Donations.--The Secretary may 
accept and use donations to provide assistance under section 4. 
Amounts received by the Secretary in the form of donations 
shall be transferred to the Secretary of the Treasury for 
deposit in the Fund.

SEC. 6.\6\ ADVISORY GROUP.

    (a) In General.--To assist in carrying out this Act, the 
Secretary may convene an advisory group consisting of 
individuals representing public and private organizations 
actively involved in the conservation of marine turtles.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 6605.
---------------------------------------------------------------------------
    (b) Public Participation.--
          (1) Meetings.--The Advisory Group shall--
                  (A) ensure that each meeting of the advisory 
                group is open to the public; and
                  (B) provide, at each meeting, an opportunity 
                for interested persons to present oral or 
                written statements concerning items on the 
                agenda.
          (2) Notice.--The Secretary shall provide to the 
        public timely notice of each meeting of the advisory 
        group.
          (3) Minutes.--Minutes of each meeting of the advisory 
        group shall be kept by the Secretary and shall be made 
        available to the public.
    (c) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App.) shall not apply 
to the advisory group.

SEC. 7.\7\ AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated to the Fund 
$5,000,000 for each of fiscal years 2005 through 2009.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 6606.
---------------------------------------------------------------------------

SEC. 8.\8\ REPORT TO CONGRESS.

    Not later than October 1, 2005, the Secretary shall submit 
to the Congress a report on the results and effectiveness of 
the program carried out under this Act, including 
recommendations concerning how this Act might be improved and 
whether the Fund should be continued in the future.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 6607.
                    c. Shark Finning Prohibition Act

 Public Law 106-557 [H.R. 5461], 114 Stat. 2772, approved December 21, 
                                  2000

     AN ACT To amend the Magnuson-Stevens Fishery Conservation and 
 Management Act to eliminate the wasteful and unsportsmanlike practice 
                           of shark finning.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Shark Finning Prohibition 
Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1822 note.
---------------------------------------------------------------------------

SEC. 2.\1\ PURPOSE.

    The purpose of this Act is to eliminate shark-finning by 
addressing the problem comprehensively at both the national and 
international levels.

SEC. 3.\2\ PROHIBITION ON REMOVING SHARK FIN AND DISCARDING SHARK 
                    CARCASS AT SEA. * * *
---------------------------------------------------------------------------

    \2\ Sec. 3 amends sec. 307(1) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857(1)).
---------------------------------------------------------------------------

SEC. 4.\1\ REGULATIONS.

    No later than 180 days after the date of the enactment of 
this Act, the Secretary of Commerce shall promulgate 
regulations implementing the provisions of section 3076(1)(P) 
of the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1857(1)(P)), as added by section 3 of this Act.

SEC. 5.\1\ INTERNATIONAL NEGOTIATIONS.

    The Secretary of Commerce, acting through the Secretary of 
State, shall--
          (1) initiate discussions as soon as possible for the 
        purpose of developing bilateral or multilateral 
        agreements with other nations for the prohibition on 
        shark-finning;
          (2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have 
        persons or companies engaged in shark-finning, for the 
        purposes of--
                  (A) collecting information on the nature and 
                extent of shark-finning by such persons and the 
                landing or transshipment of shark fins through 
                foreign ports; and
                  (B) entering into bilateral and multilateral 
                treaties with such countries to protect such 
                species;
          (3) seek agreements calling for an international ban 
        on shark-finning and other fishing practices adversely 
        affecting these species through the United Nations, the 
        Food and Agriculture Organization's Committee on 
        Fisheries, and appropriate regional fishery management 
        bodies;
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of species of sharks to which the United 
        States is a party in order to make such treaty 
        consistent with the purposes and policies of this 
        section;
          (5) urge other governments involved in fishing for or 
        importation of shark or shark products to fulfill their 
        obligations to collect biological data, such as stock 
        abundance and by-catch levels, as well as trade data, 
        on shark species as called for in the 1995 Resolution 
        on Cooperation with FAO with Regard to study on the 
        Status of Sharks and By-Catch of Shark Species; and
          (6) urge other governments to prepare and submit 
        their respective National Plan of Action for the 
        Conservation and Management of Sharks to the 2001 
        session of the FAO Committee on Fisheries, as set forth 
        in the International Plan of Action for the 
        Conservation and Management of Sharks.

SEC. 6.\1\ REPORT TO CONGRESS.

    The Secretary of Commerce, in consultation with the 
Secretary of State, shall provide to Congress, by not later 
than 1 year after the date of the enactment of this Act, and 
every year thereafter, a report which--
          (1) includes a list that identifies nations whose 
        vessels conduct shark-finning and details the extent of 
        the international trade in shark fins, including 
        estimates of value and information on harvesting of 
        shark fins, and landings or transshipment of shark fins 
        through foreign ports;
          (2) describes the efforts taken to carry out this 
        Act, and evaluates the progress of those efforts;
          (3) sets forth a plan of action to adopt 
        international measures for the conservation of sharks; 
        and
          (4) includes recommendations for measures to ensure 
        that United States actions are consistent with 
        national, international, and regional obligations 
        relating to shark populations, including those listed 
        under the Convention on International Trade in 
        Endangered Species of Wild Flora and Fauna.

SEC. 7.\1\ RESEARCH.

    The Secretary of Commerce, subject to the availability of 
appropriations authorized by section 10, shall establish a 
research program for Pacific and Atlantic sharks to engage in 
the following data collection and research:
          (1) The collection of data to support stock 
        assessments of shark populations subject to incidental 
        or directed harvesting by commercial vessels, giving 
        priority to species according to vulnerability of the 
        species to fishing gear and fishing mortality, and its 
        population status.
          (2) Research to identify fishing gear and practices 
        that prevent or minimize incidental catch of sharks in 
        commercial and recreational fishing.
          (3) Research on fishing methods that will ensure 
        maximum likelihood of survival of captured sharks after 
        release.
          (4) Research on methods for releasing sharks from 
        fishing gear that minimize risk of injury to fishing 
        vessel operators and crews.
          (5) Research on methods to maximize the utilization 
        of, and funding to develop the market for, sharks not 
        taken in violation of a fishing management plan 
        approved under section 303 or section 307(1)(P) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1853, 1857(1)(P)).
          (6) Research on the nature and extent of the harvest 
        of sharks and shark fins by foreign fleets and the 
        international trade in shark fins and other shark 
        products.

SEC. 8.\1\ WESTERN PACIFIC LONGLINE FISHERIES COOPERATIVE RESEARCH 
                    PROGRAM.

    The National Marine Fisheries Service, in consultation with 
the Western Pacific Fisheries Management Council, shall 
initiate a cooperative research program with the commercial 
longlining industry to carry out activities consistent with 
this Act, including research described in section 7 of this 
Act. The service may initiate such shark cooperative research 
programs upon the request of any other fishery management 
council.

SEC. 9.\1\ SHARK-FINNING DEFINED.

    In this Act, the term ``shark-finning'' means the taking of 
a shark, removing the fin or fins (whether or not including the 
tail) of a shark, and returning the remainder of the shark to 
the sea.

SEC. 10.\1\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
Commerce for fiscal years 2001 through 2005 such sums as are 
necessary to carry out this Act.
                   d. Yukon River Salmon Act of 2000

    Partial text of Public Law 106-450 [H.R. 1651], 114 Stat. 1941, 
   approved November 7, 2000; as amended by Public Law 108-219 [H.R. 
             2584], 118 Stat. 615, approved April 13, 2004

 AN ACT To amend the Fishermen's Protective Act of 1967 to extend the 
 period during which reimbursement may be provided to owners of United 
States fishing vessels for costs incurred when such a vessel is seized 
       and detained by a foreign country, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

   TITLE I--EXTENSION OF PERIOD FOR REIMBURSEMENT UNDER FISHERMEN'S 
                       PROTECTIVE ACT OF 1967 \1\
---------------------------------------------------------------------------

    \1\ Title I amends the Fishermen's Protective Act of 1967.
---------------------------------------------------------------------------
          * * * * * * *

                      TITLE II--YUKON RIVER SALMON

SEC. 201.\2\ SHORT TITLE.

    This title may be cited as the ``Yukon River Salmon Act of 
2000''.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 5701 note.
---------------------------------------------------------------------------

SEC. 202.\3\ YUKON RIVER SALMON PANEL.

    (a) Establishment.--
          (1) In general.--There shall be a Yukon River Salmon 
        Panel (in this title referred to as the ``Panel'').
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 5721.
---------------------------------------------------------------------------
          (2) Functions.--The Panel shall--
                  (A) advise the Secretary of State regarding 
                the negotiation of any international agreement 
                with Canada relating to management of salmon 
                stocks originating from the Yukon River in 
                Canada;
                  (B) advise the Secretary of the Interior 
                regarding restoration and enhancement of such 
                salmon stocks; and
                  (C) perform other functions relating to 
                conservation and management of such salmon 
                stocks as authorized by this or any other 
                title.
          (3) Designation as united states representatives on 
        bilateral body.--The Secretary of State may designate 
        the members of the Panel to be the United States 
        representatives on any successor to the panel 
        established by 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, if 
        authorized by any agreement establishing such 
        successor.
    (b) Membership.--
          (1) In general.--The Panel shall be comprised of six 
        members, as follows:
                  (A) One member who is an official of the 
                United States Government with expertise in 
                salmon conservation and management, who shall 
                be appointed by the Secretary of State.
                  (B) One member who is an official of the 
                State of Alaska with expertise in salmon 
                conservation and management, who shall be 
                appointed by the Governor of Alaska.
                  (C) Four members who are knowledgeable and 
                experienced with regard to the salmon fisheries 
                on the Yukon River, who shall be appointed by 
                the Secretary of State in accordance with 
                paragraph (2).
          (2) Appointees from alaska.--
                  (A) The Secretary of State shall appoint the 
                members under paragraph (1)(C) from a list of 
                at least three individuals nominated for each 
                position by the Governor of Alaska.
                  (B) In making the nominations, the Governor 
                of Alaska may consider suggestions for 
                nominations provided by organizations with 
                expertise in Yukon River salmon fisheries.
                  (C) The Governor of Alaska may make 
                appropriate nominations to allow for 
                appointment of, and the Secretary of State 
                shall appoint, under paragraph (1)(C)--
                          (i) at least one member who is 
                        qualified to represent the interests of 
                        Lower Yukon River fishing districts; 
                        and
                          (ii) at least one member who is 
                        qualified to represent the interests of 
                        Upper Yukon River fishing districts.
                  (D) At least one of the members appointed 
                under paragraph (1)(C) shall be an Alaska 
                Native.
          (3) Alternates.--
                  (A) The Secretary of State may designate an 
                alternate Panel member for each Panel member 
                the Secretary appoints under paragraphs (1)(A) 
                and (C), who meets the same qualifications, to 
                serve in the absence of the Panel member.
                  (B) The Governor of the State of Alaska may 
                designate an alternative Panel member for the 
                Panel member appointed under subsection 
                (b)(1)(B), who meets the same qualifications, 
                to serve in the absence of that Panel member.
    (c) Term Length.--Panel members and alternate Panel members 
shall serve 4-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.--Panel members and alternate Panel 
members shall be eligible for reappointment.
    (e) Decisions.--Decisions of the Panel shall be made by the 
consensus of the Panel members appointed under subparagraphs 
(B) and (C) of subsection (b)(1).
    (f) Consultations.--In carrying out their functions, Panel 
members may consult with such other interested parties as they 
consider appropriate.

SEC. 203.\4\ ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may establish and 
appoint an advisory committee of not less than eight, but not 
more than 12, individuals who are knowledgeable and experienced 
with regard to the salmon fisheries on the Yukon River. At 
least two of the advisory committee members shall be Alaska 
Natives. Members of the advisory committee may attend all 
meetings of the Panel, and shall be given the opportunity to 
examine and be heard on any matter under consideration by the 
Panel.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 5722.
---------------------------------------------------------------------------
    (b) Compensation.--The members of such advisory committee 
shall receive no compensation for their services.
    (c) Term Length.--Members of such advisory committee shall 
serve 2-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.--Members of such advisory committee 
shall be eligible for reappointment.

SEC. 204.\5\ EXEMPTION.

    The Federal Advisory Committee Act (5 U.S.C. App.) shall 
not apply to the Panel or to an advisory committee established 
under section 203.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 5723.
---------------------------------------------------------------------------

SEC. 205.\6\ AUTHORITY AND RESPONSIBILITY.

    (a) Responsible Management Entity.--The State of Alaska 
Department of Fish and Game shall be the responsible management 
entity for the United States for the purposes of any agreement 
with Canada regarding management of salmon stocks originating 
from the Yukon River in Canada.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 5724.
---------------------------------------------------------------------------
    (b) Effect of Designation.--The designation under 
subsection (a) shall not be considered to expand, diminish, or 
otherwise 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 any agreement with Canada regarding 
management of salmon stocks originating from the Yukon River in 
Canada, the Panel may make recommendations concerning the 
conservation and management of salmon originating in the Yukon 
River to the Department of the Interior, the Department of 
Commerce, the Department of State, the North Pacific Fishery 
Management Council, and other Federal or State entities as 
appropriate. Recommendations by the Panel shall be advisory in 
nature.

SEC. 206.\7\ ADMINISTRATIVE MATTERS.

    (a) Compensation.--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.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 5725.
---------------------------------------------------------------------------
    (b) Travel and Other Necessary Expenses.--Travel and other 
necessary expenses shall be paid by the Secretary of the 
Interior for all Panel members, alternate Panel members, and 
members of any advisory committee established under section 203 
when engaged in the actual performance of duties.
    (c) Treatment as Federal Employees.--Except for officials 
of the United States Government, all Panel members, alternate 
Panel members, and members of any advisory committee 
established under section 203 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. 207.\8\ YUKON RIVER SALMON STOCK RESTORATION AND ENHANCEMENT 
                    PROJECTS.

    (a) In General.--The Secretary of the Interior, in 
consultation with the Secretary of Commerce, may carry out 
projects to restore or enhance salmon stocks originating from 
the Yukon River in Canada and the United States.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 5726.
---------------------------------------------------------------------------
    (b) Cooperation with Canada.--If there is in effect an 
agreement between the Government of the United States and the 
Government of Canada for the conservation of salmon stocks 
originating from the Yukon River in Canada that includes 
provisions governing projects authorized under this section, 
then--
          (1) projects under this section shall be carried out 
        in accordance with that agreement; and
          (2) amounts available for projects under this 
        section--
                  (A) shall be expended in accordance with the 
                agreement; and
                  (B) may be deposited in any joint account 
                established by the agreement to fund such 
                projects.

SEC. 208.\9\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary of 
the Interior to carry out this title $4,000,000 for each of 
fiscal years 2004 through 2008,\10\ of which--
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 5727
    \10\ Sec. 303 of Public Law 108-219 (118 Stat. 616) struck out 
``2000, 2001, 2002, and 2003'' and inserted in lieu thereof ``2004 
through 2008''.
---------------------------------------------------------------------------
          (1) such sums as are necessary shall be available 
        each fiscal year for travel expenses of Panel members, 
        alternate Panel members, United States members of the 
        Joint 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), and members of an advisory committee 
        established and appointed under section 203, in 
        accordance with Federal Travel Regulations and sections 
        5701, 5702, 5704 through 5708, and 5731 of title 5, 
        United States Code;
          (2) such sums as are necessary shall be available for 
        the United States share of expenses incurred by the 
        Joint Technical Committee and any panel established by 
        any agreement between the Government of the United 
        States and the Government of Canada for restoration and 
        enhancement of salmon originating in Canada;
          (3) up to 3,000,000 shall be available each fiscal 
        year for activities by the Department of the Interior 
        and the Department of Commerce for survey, restoration, 
        and enhancement activities related to salmon stocks 
        originating from the Yukon River in Canada, of which up 
        to $1,200,000 shall be available each fiscal year for 
        Yukon River salmon stock restoration and enhancement 
        projects under section 207(b); and
          (4) $600,000 shall be available each fiscal year for 
        cooperative salmon research and management projects in 
        the portion of the Yukon River drainage located in the 
        United States that are recommended by the Panel.

            TITLE III--FISHERY INFORMATION ACQUISITION \11\
---------------------------------------------------------------------------

    \11\ Title III is cited as the ``Fisheries Survey Vessel 
Authorization Act of 2000''.
---------------------------------------------------------------------------
          * * * * * * *

                        TITLE IV--MISCELLANEOUS

          * * * * * * *
                      e. Sustainable Fisheries Act

 Partial text of Public Law 104-297 [S. 39], 110 Stat. 3559, approved 
                            October 11, 1996

AN ACT To amend the Magnuson Fishery Conservation and Management Act to 
authorize appropriations, to provide for sustainable fisheries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the 
``Sustainable Fisheries Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--The table of contents for this Act 
is as follows: * * *

SEC. 2. AMENDMENT OF MAGNUSON FISHERY CONSERVATION AND MANAGEMENT ACT.

    Except as otherwise expressly provided, whenever in this 
Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the 
reference shall be considered to be made to a section or other 
provision of the Magnuson Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).

                  TITLE I--CONSERVATION AND MANAGEMENT

          * * * * * * *

SEC. 105. FOREIGN FISHING AND INTERNATIONAL FISHERY AGREEMENTS.

    (a) * * *
    (b) * * *
    (c) * * *
    (d) * * *
    (e) Atlantic Herring Transshipment.--Within 30 days of 
receiving an application, the Secretary shall, under section 
204(d) of the Magnuson Fishery Conservation and Management 
Act,\2\ as amended by this Act, issue permits to up to fourteen 
Canadian transport vessels that are not equipped for fish 
harvesting or processing, for the transshipment, within the 
boundaries of the State of Maine or within the portion of the 
exclusive economic zone east of the line 69 degrees 30 minutes 
west and within 12 nautical miles from the seaward boundary of 
that State, of Atlantic herring harvested by United States 
fishermen within the area described and used solely in sardine 
processing. In issuing a permit pursuant to this subsection, 
the Secretary shall provide a waiver under section 201(h)(2)(C) 
of the Magnuson Fishery Conservation and Management Act,\2\ as 
amended by this Act: Provided, That such vessels comply with 
Federal or State monitoring and reporting requirements for the 
Atlantic herring fishery, including the stationing of United 
States observers aboard such vessels, if necessary.
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
    (f) * * *
    (g) Russian Fishing in the Bering Sea.--No later than 
September 30, 1997, the North Pacific Fishery Management 
Council, in consultation with the North Pacific and Bering Sea 
Advisory Body, shall submit to the Committee on Commerce, 
Science, and Transportation of the Senate and the Committee on 
Resources of the House of Representatives a report describing 
the institutional structures in Russia pertaining to stock 
assessment, management, and enforcement for fishery harvests in 
the Bering Sea, and recommendations for improving coordination 
between the United States and Russia for managing and 
conserving Bering Sea fishery resources of mutual concern.
          * * * * * * *
               f. Fishery Conservation Amendments of 1990

    Partial text of Public Law 101-627 [H.R. 2061], 104 Stat. 4436, 
     approved November 28, 1990; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

 AN ACT To authorize appropriations to carry out the Magnuson-Stevens 
 Fishery Conservation and Management Act \1\ through fiscal year 1993, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,


          Note.--This Act amended the Magnuson-Stevens Fishery 
        Conservation and Management Act,\1\ the Atlantic Tunas 
        Convention Act of 1975, the Fishermen's Protective Act 
        of 1967, the Anadromous Fish Conservation Act, the 
        Interjurisdictional Fisheries Act of 1986, Central, 
        Western, and South Pacific Fisheries Development Act, 
        the Fish and Seafood Promotion Act of 1986, the Act of 
        August 11, 1939, and the Marine Mammal Protection Act 
        of 1972. Title VIII, relating to negotiations on the 
        export or import of anadromous fish or anadromous fish 
        products, is presented here. Title IX, the Dolphin 
        Protection Consumer Information Act, may be found at 
        page 251.



                     short title; table of contents

    Section 1.\2\ (a) Short Title.--The Act may be cited as the 
``Fishery Conservation Amendments of 1990''.
---------------------------------------------------------------------------
    \1\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    \2\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------
    (b) Table of Contents.--* * *
          * * * * * * *

                       TITLE VIII--MISCELLANEOUS

        certificate of legal origin for anadromous fish products

    Sec. 801.\3\ (a) Negotiations.--Within 60 days after the 
date of enactment of this act, the Secretary of States shall 
commence negotiations with nations which import or export 
anadromous fish or anadromous fish products for the purpose of 
securing general agreement among such nations to implement 
effective measures to prohibit international trade in 
anadromous fish or anadromous fish products unless such fish or 
fish products are accompanied by a valid certificate of legal 
origin attesting that the fish or fish product was lawfully 
harvested--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 1822 note.
---------------------------------------------------------------------------
          (1) within the jurisdiction of a nation having 
        naturally occurring or artificially established 
        anadromous fish populations of the same species as the 
        imported or export product; or
          (2) on the high seas according to an international 
        agreement among nations with jurisdiction over more 
        than 1 percent of the stocks of anadromous fish being 
        so harvested.
    (b) Issuance of Certificates.--For the purposes of 
subsection (a), a valid certificate of legal origin may be 
issued only by a nation which--
          (1) is the nation having jurisdiction over the vessel 
        or other means by which the fish or fish product was 
        harvested; and
          (2) maintains regular harvests of anadromous fish in 
        a manner consistent with the criteria for lawful 
        harvests set out in subsection (a).
    (c) Bilateral or Multilateral Agreements.--Efforts 
undertaken by the Secretary of State pursuant to subsection (a) 
may, at the discretion of the Secretary, be directed toward 
achieving either bilateral or multilateral agreements, 
including trade agreements, whichever the Secretary determines 
to be most likely to result in the earliest possible date or 
dates of agreement by those nations which individually have in 
excess of $1,000,000, or the equivalent, in import or export 
trade in anadromous fish and anadromous fish products.
    (d) Regulations.--The Secretary of Commerce shall, within 
180 days after the date of enactment of this Act, promulgate 
regulations providing for--
          (1) the issuance of certificates of legal origin 
        pursuant to agreements under subsection (a) for 
        anadromous fish and anadromous fish products legally 
        harvested by vessels of the United States;
          (2) the delegation of the authority to issue 
        certificates of legal origin to States, territories, or 
        possessions of the United States which the Secretary of 
        Commerce determines to have implemented a program which 
        is sufficient to accomplish the purposes of subsection 
        (a); and
          (3) an orderly transition to such regulations, 
        sufficient to ensure that United States commerce in 
        anadromous fish and anadromous fish products is not 
        unduly disrupted.
    (e) Report Required.--The Secretary of Commerce, after 
consultation with the Secretary of the Treasury, shall, within 
180 days after the date of enactment of this Act, submit to the 
Congress a report--
          (1) making recommendations as to the need for the 
        adoption of United States import and export 
        restrictions on anadromous fish and anadromous fish 
        products consistent with subsection (a); and
          (2) identifying, evaluating, and making 
        recommendations regarding any specific statutory or 
        regulatory changes that may be necessary for the 
        adoption of such restrictions.
    (f) Certification.--If, at any time following the 
promulgation of the regulations required by subsection (d), the 
Secretary of Commerce finds that any nation is engaging in 
trade in unlawfully taken anadromous fish or anadromous fish 
products, the Secretary shall certify that fact to the 
President, which certification shall be deemed to be a 
certification for the purposes of section 8(a)(1) of the 
Fishermen's Protective Act of 1967 (22 U.S.C. 1978(a)(1)).
          * * * * * * *
        g. Fishery Conservation Zone Transition Act, as amended

Partial text of Public Law 95-6, [H.J. Res. 240], 91 Stat. 14, approved 
February 21, 1977; as amended by Public Law 95-8 [H.R. 3753], 91 Stat. 
18, approved March 3, 1977; Public Law 95-73 [H.R. 5638], 91 Stat. 283, 
 approved July 26, 1977; Public Law 95-219 [H.R. 9794], 91 Stat. 1613, 
 approved December 28, 1977; Public Law 95-314 [H.R. 12571], 92 Stat. 
376, approved July 1, 1978; Public Law 97-212 [H.R. 3816], 96 Stat. 143 
  at 148, approved June 30, 1982; Public Law 98-44 [S. 625], 97 Stat. 
 216, approved July 12, 1983; Public Law 98-364 [H.R. 4997], 98 Stat. 
440 at 442, approved July 17, 1984; and Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

 JOINT RESOLUTION To give congressional approval to certain governing 
  international fishery agreements negotiated in accordance with the 
 Magnuson-Stevens Fishery Conservation and Management Act,\1\ and for 
                            other purposes.
---------------------------------------------------------------------------

    \1\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
Whereas the Government of the United States of America and the 
    Governments of the People's Republic of Bulgaria, the 
    Socialist Republic of Romania, the Republic of China, the 
    German Democratic Republic, the Union of Soviet Socialist 
    Republics, and the Polish People's Republic have signed 
    governing international fishery agreements for the 
    conservation, optimum utilization, and rational management 
    of fisheries subject to the exclusive fishery management 
    jurisdiction of the United States under the Magnuson-
    Stevens Fishery Conservation and Management Act \1\ (Public 
    Law 94-265) (hereinafter referred to as the ``Act''); and
Whereas the Act provides that after February 28, 1977, no 
    foreign fishing is authorized within the fishery 
    conservation zone, or for anadromous species or Continental 
    Shelf fishery resources beyond the fishery conservation 
    zone, unless (among other exceptions and requirements) such 
    foreign fishing is authorized and conducted pursuant to a 
    governing international fishery agreement; and
Whereas the Act also provides that no governing international 
    fishery agreement shall become effective with respect to 
    the United States before the close of the first 60 calendar 
    days of continuous session of the Congress after the date 
    on which the President transmits to the House of 
    Representatives and to the Senate a document setting forth 
    the text of such governing international agreement; and
Whereas the Act further provides that Congress may prohibit the 
    entering into force and effect of any governing 
    international fishery agreement by enactment of a joint 
    resolution originating in either House of Congress during 
    such 60-day period; and
Whereas, the sixty-day period will not elapse with respect to 
    any governing international fishery agreement, referred to 
    in the first clause of this preamble, before March 1, 1977, 
    the date on which the fishery conservation zone of the 
    United States takes effect; and
Whereas early congressional action on these governing 
    international fishery agreements is necessary in order that 
    fishing vessels of the foreign nations concerned may be 
    permitted to fish in the fishery conservation zone after 
    February 28, 1977, in compliance with such Act; and
Whereas these governing international fishery agreements 
    substantially comply with the requirements relating to such 
    agreements contained in section 201(c) of the Act: Now, 
    therefore, be it

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That this joint 
resolution may be cited as the ``Fishery Conservation Zone 
Transition Act''.\2\
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------

SEC. 2.\3\ CONGRESSIONAL APPROVAL OF CERTAIN GOVERNING INTERNATIONAL 
                    FISHERY AGREEMENTS.

    (a) \4\ Notwithstanding section 203 of the Magnuson-Stevens 
Fishery Conservation and Management Act,\1\ the governing 
international fishery agreement between the Government of the 
United States of America and--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 1823 note.
    \4\ Sec. 10(a) of Public Law 97-212 (96 Stat. 148) added the 
subsec. designation ``(a)'' and a new subsec. (b).
---------------------------------------------------------------------------
          (1) the Government of the People's Republic of 
        Bulgaria Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated January 
        14, 1974;
          (2) the Government of the Socialist Republic of 
        Romania Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated January 
        10, 1977;
          (3) the Government of the Republic of China 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated January 10, 
        1977;
          (4) the Government of the German Democratic Republic 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated January 10, 
        1977;
          (5) the Government of the Union of Soviet Socialist 
        Republics Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated January 
        10, 1977;
          (6) the Government of the Polish People's Republic 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated September 16, 
        1976;
          (7) \5\, \6\ the European Economic 
        Community Concerning Fisheries Off the Coasts of the 
        United States, as contained in the message to Congress 
        from the President of the United States dated February 
        21, 1977;
---------------------------------------------------------------------------
    \5\ Public Law 95-8 (91 Stat. 18) added paras. (7), (8), (9), and 
(10).
    \6\ Sec. 106 of Public Law 98-364 (98 Stat. 442) provided the 
following:
    ``Sec. 106. Notwithstanding any provisions of the Magnuson Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), and upon 
certification by the Secretary of State to the President of the Senate 
and the Speaker of the House of Representatives that a new governing 
international fishery agreement in conformity with such Act has been 
negotiated by the United States and the European Economic Community, 
the existing governing international fishery agreement referred to in 
section 2(a)(7) of the Fishery Conservation Zone Transition Act (16 
U.S.C. 1823, note) may be extended or reinstated, as the case may be, 
and may be in force and effect with respect to the United States, for 
the period of time ending on the earlier of (1) the effective date of 
the new governing international fishery agreement, or (2) September 30, 
1984.''.
---------------------------------------------------------------------------
          (8) \5\ the Government of Japan Concerning Fisheries 
        Off the Coasts of the United States (for 1977), as 
        contained in the message to Congress from the President 
        of the United States dated February 21, 1977;
          (9) \5\, \7\ the Government of the 
        Republic of Korea Concerning Fisheries Off the Coasts 
        of the United States, as contained in the message to 
        Congress from the President of the United States dated 
        February 21, 1977;
---------------------------------------------------------------------------
    \7\ Sec. 10(b) of Public Law 97-212 (96 Stat. 148) provided the 
following:
    ``(b) Notwithstanding any provision of the Act entitled `An Act for 
the conservation and management of the fisheries, and for other 
purposes', dated April 13, 1976 (16 U.S.C. 1810 et seq.), the governing 
international fishery agreements referred to in section 2(a) (9) and 
(10) of the Fishery Conservation Zone Transition Act shall be extended, 
and shall be in force and effect with respect to the United States, for 
the period of time ending on--
---------------------------------------------------------------------------

  ``(1) the deadline for completion of Congressional review, pursuant to 
section 203(a) of such 1976 Act, of any new governing international fishery 
agreement signed, on or before July 31, 1982, by the United States and the 
respective foreign government that is a party to the agreement in question; 
or

  ``(2) July 31, 1982, if the United States and the respective foreign 
government that is a party to the agreement in question fail to sign a new 
governing international fishery agreement on or before that date.''.

          (10) \5\, \7\ the Government of Spain 
        Concerning Fisheries Off the Coasts of the United 
        States, as contained in the message to Congress from 
        the President of the United States dated February 21, 
        1977; and
          (11) \8\ the Government of Mexico Concerning 
        Fisheries Off the Coasts of the United States, as 
        contained in the message to Congress from the President 
        of the United States dated October 7, 1977;
---------------------------------------------------------------------------
    \8\ Sec. 1 of Public Law 95-219 (91 Stat. 1613) added para. (11).
---------------------------------------------------------------------------
is hereby approved by the Congress as a governing international 
fishery agreement for purposes of the Magnuson-Stevens Fishery 
Conservation and Management Act.\1\ Each such agreement 
referred to in paragraphs (1) through (6) shall enter into 
force and effect with respect to the United States on the date 
of the enactment of this joint resolution, and each such 
agreement referred to in paragraphs (7) through (11) shall 
enter into force and effect with respect to the United States 
on February 27, 1977.\9\
---------------------------------------------------------------------------
    \9\ Public Law 95-8 (91 Stat. 18) amended and restated this 
sentence in order to reflect the additions of paras. (7) through (10). 
Public Law 95-219 (91 Stat. 1613) further amended this sentence in 
order to reflect the addition of para. (11).
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    (b) \4\ Notwithstanding such section 203--
          (1) the governing international fishery agreement 
        referred to the subsection (a)(5), as extended until 
        July 1, 1983 pursuant to the Diplomatic Notes referred 
        to in the message to the Congress from the President of 
        the United States dated May 11, 1982, is hereby 
        approved by the Congress as a governing international 
        fishery agreement for the purposes of such Act of 1976;
          (2) the governing international fishery agreement 
        between the American Institute in Taiwan and the 
        Coordination Council for North American Affairs, as 
        contained in the message to the House of 
        Representatives and the Senate from the Secretary of 
        State dated June 15, 1982, is hereby approved by the 
        Congress as a governing international fishery agreement 
        for the purposes of the Act of 1976; and
          (3) the governing international fishery agreement 
        referred to in subsection (a)(6), as extended until 
        July 1, 1983 pursuant to the Diplomatic Notes referred 
        to in the message to the Congress from the President of 
        the United States dated June 21, 1982, is hereby 
        approved by the Congress as a governing international 
        fishery agreement for the purposes of such Act of 1976.
Each such governing international fishery agreement shall enter 
into force and effect with respect to the United States on July 
1, 1982.
    (c) \10\ Notwithstanding such section 203--
---------------------------------------------------------------------------
    \10\ Sec. 105 of Public Law 98-44 (97 Stat. 217) added subsec. (c).
---------------------------------------------------------------------------
          (1) the governing international fishery agreement 
        referred to in subsection (a)(5), as extended until 
        December 31, 1985,\11\ pursuant to the Diplomatic Notes 
        referred to in the message to the Congress from the 
        President of the United States dated May 8, 1984,\12\ 
        is hereby approved by the Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976;
---------------------------------------------------------------------------
    \11\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``July 
1, 1984'' and inserted in lieu thereof ``December 31, 1985''.
    \12\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``May 
3, 1983'' and inserted in lieu thereof ``May 8, 1984''.
---------------------------------------------------------------------------
          (2) the governing international fishery agreement 
        referred to in subsection (a)(6), as extended until 
        December 31, 1985,\11\ pursuant to the Diplomatic Notes 
        referred to in the message to the Congress from the 
        President of the United States dated May 8, 1984,\12\ 
        is hereby approved by the Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976; and
          (3) the governing international fishery agreement 
        referred to in subsection (a)(4), as contained in the 
        message to the House of Representatives and the Senate 
        from the President of the United States dated May 3, 
        1983, is hereby approved by the Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976.
    The government international fishery agreements referred to 
in paragraphs (1) and (2) shall enter into force and effect 
with respect to the United States on July 1, 1984; and the 
governing international fishery agreement referred to in 
paragraph (3) \13\ shall enter into force and effect with 
respect to the United States on July 1, 1983.
---------------------------------------------------------------------------
    \13\ Sec. 105 of Public Law 98-364 (98 Stat. 442) struck out ``Each 
such governing international fishery agreement'' and inserted in lieu 
thereof ``The government international fishery agreements referred to 
in paragraphs (1) and (2) shall enter into force and effect with 
respect to the United States on July 1, 1984; and the governing 
international fishery agreement referred to in paragraph (3)''.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 4. REPEAL OF NORTHWEST ATLANTIC FISHERIES ACT OF 1950.

    The Northwest Atlantic Fisheries Act of 1950 (16 U.S.C. 
981-991) is repealed as of March 1, 1977.

SEC. 5.\14\ RECIPROCAL FISHERIES AGREEMENT BETWEEN THE UNITED STATES 
                    AND CANADA.

    (a) \15\ Congressional Approval.--The Congress hereby 
approves the Reciprocal Fisheries Agreement for 1978 between 
the Government of the United States and the Government of 
Canada (hereinafter in this section referred to as the 
``Agreement'') as contained in the message to Congress from the 
President of the United States dated May 1, 1978. The Agreement 
shall be in force and effect with respect to the United States 
from January 1, 1978, until such later date in 1978 as may be 
determined pursuant to the terms of the Agreement.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 1823 note. Public Law 95-73 (91 Stat. 283) added 
sec. 5.
    \15\ Public Law 95-314 (92 Stat. 376) amended and restated subsec. 
(a). Former subsec. (a) concerned congressional approval for a 1977 
Reciprocal Fisheries Agreement between the United States and Canada.
---------------------------------------------------------------------------
    (b) Application.--During the period when the Agreement is 
in force and effect with respect to the United States--
          (1) vessels and nationals of Canada may fish within 
        the fishery conservation zone, or for anadromous 
        species and Continental Shelf fishery resources beyond 
        such zone, but only pursuant to, and in accordance 
        with, the provisions of the Agreement; and
          (2) title II of the Magnuson-Stevens Fishery 
        Conservation and Management Act \1\ (relating to 
        foreign fishing and international fishery agreements) 
        and section 307 of such Act of 1976 (relating to 
        prohibited acts) shall not apply with respect to 
        fishing within the fishery conservation zone, or for 
        anadromous species and Continental Shelf fishery 
        resources beyond such zone, by vessels and nationals of 
        Canada which is pursuant to, and in accordance with, 
        the provisions of the Agreement.
    (c) Fishing Statistics.--(1) Any person who--
          (A) owns or operates any fishing vessel which--
                  (i) is a vessel of the United States, and
                  (ii) engages in fishing to which the 
                Agreement applies; or
          (B) directly or indirectly receives, or may receive, 
        fish to which the Agreement applies in the course of a 
        commercial activity in quantities determined by the 
        Secretary to be sufficient to assist in the carrying 
        out of this paragraph,
shall submit to the Secretary such statistics (including, but 
not limited to, catch data) regarding such fishing or such 
receipt of fish as are necessary to fulfill the obligations of 
the United States under article XIII of the Agreement. The 
Secretary, after consultation with the Secretary of State, 
shall issue such regulations as are necessary and appropriate 
to carry out the purposes of this paragraph. Section 303(d) of 
the Magnuson-Stevens Fishery Conservation and Management Act 
\1\ (relating to the confidentiality of statistics) shall apply 
with respect to all statistics submitted under this paragraph.
    (2) Any violation of paragraph (1), or of any regulation 
issued pursuant to paragraph (1), by any person shall be deemed 
to be an act prohibited by section 307 of the Magnuson-Stevens 
Fishery Conservation and Management Act.\1\ Any person who 
commits any such violation shall be liable to the United States 
for a civil penalty as provided for in section 308 of such Act 
of 1976. Sections 309 (relating to criminal offenses) and 310 
(relating to civil forfeiture) of such Act of 1976 shall not 
apply with respect to any such violation.
    (d) Definitions.--As used in this section, the terms 
``anadromous species'', ``Continental Shelf fishery 
resources'', ``fishing conservation zone'',\16\ ``fishing'', 
``fishing vessel'', ``Secretary'', and ``vessel of the United 
States'' shall have the same respective meanings as are given 
to such terms in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act.\1\
---------------------------------------------------------------------------
    \16\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) struck 
out ``exclusive economic zone'' and inserted in lieu thereof ``fishery 
conservation zone''.
               h. Deep Seabed Hard Mineral Resources Act

Public Law 96-283 [H.R. 2759], 94 Stat. 553, approved June 28, 1980; as 
   amended by Public Law 97-416 [H.R. 6120], 96 Stat. 2084, approved 
January 4, 1983; Public Law 98-623 [H.R. 6342], 98 Stat. 3394 at 3408, 
  approved November 8, 1984; Public Law 99-507 [H.R. 4212], 100 Stat. 
 1847, approved October 21, 1986; Public Law 101-178 [H.R. 2120], 103 
Stat. 1297, approved November 28, 1989; Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
 approved September 30, 1996; and Public Law 107-273 [H.R. 2215], 116 
                 Stat. 1758, approved November 2, 2002

AN ACT To establish an interim procedure for the orderly development of 
   hard mineral resources in the deep seabed, pending adoption of an 
     international regime relating thereto, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Deep Seabed Hard Mineral 
Resources Act''.
---------------------------------------------------------------------------
    \1\ 30 U.S.C. 1401 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \2\ 30 U.S.C. 1401.
---------------------------------------------------------------------------
          (1) the United States' requirements for hard minerals 
        to satisfy national industrial needs will continue to 
        expand and the demand for such minerals will 
        increasingly exceed the available domestic sources of 
        supply;
          (2) in the case of certain hard minerals, the United 
        States is dependent upon foreign sources of supply and 
        the acquisition of such minerals from foreign sources 
        is a significant factor in the national balance-of-
        payments position;
          (3) the present and future national interest of the 
        United States requires the availability of hard mineral 
        resources which is independent of the export policies 
        of foreign nations;
          (4) there is an alternate source of supply, which is 
        significant in relation to national needs, of certain 
        hard minerals, including nickel, copper, cobalt, and 
        manganese, contained in the nodules existing in great 
        abundance on the deep seabed;
          (5) the nations of the world, including the United 
        States, will benefit if the hard mineral resources of 
        the deep seabed beyond limits of national jurisdiction 
        can be developed and made available for their use;
          (6) in particular, future access to the nickel, 
        copper, cobalt, and manganese resources of the deep 
        seabed will be important to the industrial needs of the 
        nations of the world, both developed and developing;
          (7) on December 17, 1970, the United States supported 
        (by affirmative vote) the United Nations General 
        Assembly Resolution 2749 (XXV) declaring inter alia the 
        principle that the mineral resources of the deep seabed 
        are the common heritage of mankind, with the 
        expectation that this principle would be legally 
        defined under the terms of a comprehensive 
        international Law of the Sea Treaty yet to be agreed 
        upon;
          (8) it is in the national interest of the United 
        States and other nations to encourage a widely 
        acceptable Law of the Sea Treaty, which will provide a 
        new legal order for the oceans covering a broad range 
        of ocean interests, including exploration for and 
        commercial recovery of hard mineral resources of the 
        deep seabed;
          (9) the negotiations to conclude such a Treaty and 
        establish the international regime governing the 
        exercise of rights over, and exploration of, the 
        resources of the deep seabed, referred to in General 
        Assembly Resolution 2749 (XXV) are in progress but may 
        not be concluded in the near future;
          (10) even if such negotiations are completed 
        promptly, much time will elapse before such an 
        international regime is established and in operation;
          (11) development of technology required for the 
        exploration and recovery of hard mineral resources of 
        the deep seabed will require substantial investment for 
        many years before commercial production can occur, and 
        must proceed at this time if deep seabed minerals are 
        to be available when needed;
          (12) it is the legal opinion of the United States 
        that exploration for and commercial recovery of hard 
        mineral resources of the deep seabed are freedoms of 
        the high seas subject to a duty of reasonable regard to 
        the interests of other states in their exercise of 
        those and other freedoms recognized by general 
        principles of international law;
          (13) pending a Law of the Sea Treaty, and in the 
        absence of agreement among states on applicable 
        principles of international law, the uncertainty among 
        potential investors as to the future legal regime is 
        likely to discourage or prevent the investments 
        necessary to develop deep seabed mining technology;
          (14) pending a Law of the Sea Treaty, the protection 
        of the marine environment from damage caused by 
        exploration or recovery of hard mineral resources of 
        the deep seabed depends upon the enactment of suitable 
        interim national legislation;
          (15) a Law of the Sea Treaty is likely to establish 
        financial arrangements which obligate the United States 
        or United States citizens to make payments to an 
        international organization with respect to exploration 
        or recovery of the hard mineral resources of the deep 
        seabed; and
          (16) legislation is required to establish an interim 
        legal regime under which technology can be developed 
        and the exploration and recovery of the hard mineral 
        resources of the deep seabed can take place until such 
        time as a Law of the Sea Treaty enters into force with 
        respect to the United States.
    (b) Purposes.--The Congress declares that the purposes of 
this Act are--
          (1) to encourage the successful conclusion of a 
        comprehensive Law of the Sea Treaty, which will give 
        legal definition to the principle that the hard mineral 
        resources of the deep seabed are the common heritage of 
        mankind and which will assure, among other things, 
        nondiscriminatory access to such resources for all 
        nations;
          (2) pending the ratification by, and entering into 
        force with respect to, the United States of such a 
        Treaty, to provide for the establishment of an 
        international revenue-sharing fund the proceeds of 
        which shall be used for sharing the international 
        community pursuant to such Treaty;
          (3) to establish, pending the ratification by, and 
        entering into force with respect to, the United States 
        of such a Treaty, an interim program to regulate the 
        exploration for the commercial recovery of hard mineral 
        resources of the deep seabed by United States citizens;
          (4) to accelerate the program of environmental 
        assessment of exploration for and commercial recovery 
        of hard mineral resources of the deep seabed and assure 
        that such exploration and recovery activities are 
        conducted in a manner which will encourage the 
        conservation of such resources, protect the quality of 
        the environment, and promote the safety of life and 
        property at sea; and
          (5) to encourage the continued development of 
        technology necessary to recover the hard mineral 
        resources of the deep seabed.

SEC. 3.\3\ INTERNATIONAL OBJECTIVES OF THIS ACT.

    (a) Disclaimer of Extraterritorial Sovereignty.--By the 
enactment of this Act, the United States--
---------------------------------------------------------------------------
    \3\ 30 U.S.C. 1402.
---------------------------------------------------------------------------
          (1) exercises its jurisdiction over United States 
        citizens and vessels, and foreign persons and vessels 
        otherwise subject to its jurisdiction, in the exercise 
        of the high seas freedom to engage in exploration for, 
        and commercial recovery of, hard mineral resources of 
        the deep seabed in accordance with generally accepted 
        principles of international law recognized by the 
        United States; but
          (2) does not thereby assert sovereignty of sovereign 
        or exclusive rights or jurisdiction over, or the 
        ownership of, any areas or resources in the deep 
        seabed.
    (b) Secretary of State.--(1) The Secretary of State is 
encouraged to negotiate successfully a comprehensive Law of the 
Sea Treaty which, among other things, provides assured and 
nondiscriminatory access to the hard mineral resources of the 
deep seabed for all nations, gives legal definition to the 
principle that the resources of the deep seabed are the common 
heritage of mankind, and provides for the establishment of 
requirements for the protection of the quality of the 
environment as stringent as those promulgated pursuant to this 
Act.
    (2) Until such a Treaty is concluded, the Secretary of 
State is encouraged to promote any international actions 
necessary to adequately protect the environment from adverse 
impacts which may result from any exploration for and 
commercial recovery of hard mineral resources of the deep 
seabed carried out by persons not subject to this Act.

SEC. 4.\4\ DEFINITIONS.

    For purposes of this Act, the term--
---------------------------------------------------------------------------
    \4\ 30 U.S.C. 1403.
---------------------------------------------------------------------------
          (1) ``commercial recovery'' means--
                  (A) any activity engaged in at sea to recover 
                any hard mineral resource at a substantial rate 
                for the primary purpose of marketing or 
                commercially using such resource to earn a net 
                profit, whether or not such net profit is 
                actually earned;
                  (B) if such recovered hard mineral resource 
                will be processed at sea, such processing; and
                  (C) if the waste of such activity to recover 
                any hard mineral resource, or of such 
                processing at sea, will be disposed of at sea, 
                such disposal;
          (2) ``Continental Shelf'' means--
                  (A) the seabed and subsoil of the submarine 
                areas adjacent to the coast, but outside the 
                area of the territorial sea, to a depth of 200 
                meters or, beyond that limit, to where the 
                depth of the superjacent waters admits of the 
                exploitation of the natural resources of such 
                submarine area; and
                  (B) the selected and subsoil of similar 
                submarine areas adjacent to the coast of 
                islands;
          (3) ``controlling interest'', for purposes of 
        paragraph 14(C) of this section, means a director or 
        indirect legal or beneficial interest in or influence 
        over another person arising through ownership of 
        capital stock, interlocking directorates or officers, 
        contractual relations, or other similar means, which 
        substantially affect the independent business behavior 
        of such person;
          (4) ``deep seabed'' means the seabed, and the subsoil 
        thereof to a depth of ten meters, lying seaward of and 
        outside--
                  (A) the Continental Shelf of any nation; and
                  (B) any area of national resource 
                jurisdiction of any foreign nation, if such 
                area extends beyond the Continental Shelf of 
                such nation and such jurisdiction is recognized 
                by the United States;
          (5) ``exploration'' means--
                  (A) any at-sea observation and evaluation 
                activity which has, as its objective, the 
                establishment and documentation of--
                          (i) the nature, shape, concentration, 
                        location, and tenor of a hard mineral 
                        resource; and
                          (ii) the environmental, technical, 
                        and other appropriate factors which 
                        must be taken into account to achieve 
                        commercial recovery; and
                  (B) the taking from the deep seabed of such 
                quantities of any hard mineral resource as are 
                necessary for the design, fabrication, and 
                testing of equipment which is intended to be 
                used in the commercial recovery and processing 
                of such resource;
          (6) ``hard mineral resource'' means any deposit or 
        accretion on, or just below, the surface of the deep 
        seabed of nodules which include one or more minerals at 
        least one of which contains, manganese, nickel, cobalt, 
        or copper;
          (7) ``international agreement'' means a comprehensive 
        agreement concluded through negotiations at the Third 
        United Nations Conference on the Law of the Sea, 
        relating to (among other matters) the exploration for 
        and commercial recovery of hard mineral resources and 
        the establishment of an international regime for the 
        regulation thereof;
          (8) ``licensee'' means the holder of a license issued 
        under title I of this Act to engage in exploration;
          (9) ``permittee'' means the holder of a permit issued 
        under title I of this Act to engage in commercial 
        recovery;
          (10) ``person'' means any United States citizen, any 
        individual, and any other corporation, partnership, 
        joint venture, association, or other entity organized 
        or existing under the laws of any nation;
          (11) ``reciprocating state'' means any foreign nation 
        designated as such by the Administration under section 
        118;
          (12) ``Administrator'' means the administrator of the 
        National Oceanic and Atmospheric Administration;
          (13) ``United States'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, 
        American Samoa, the United States Virgin Islands, Guam, 
        and any other Commonwealth, territory, or possession of 
        the United States; and
          (14) ``United States citizen'' means--
                  (A) any individual who is a citizen of the 
                United States;
                  (B) any corporation, partnership, joint 
                venture, association, or other entity organized 
                or existing under the laws of any of the United 
                States; and
                  (C) any corporation, partnership, joint 
                venture, association, or other entity (whether 
                organized or existing under the laws of any of 
                the United States or a foreign nation) if the 
                controlling interest in such entity is held by 
                an individual or entity described in 
                subparagraph (A) or (B).

 TITLE I--REGULATION OF EXPLORATION AND COMMERCIAL RECOVERY BY UNITED 
                            STATES CITIZENS

SEC. 101.\5\ PROHIBITED ACTIVITIES BY UNITED STATES CITIZENS.

    (a) Prohibited Activities and Exceptions.--(1) No United 
States citizen may engage in any exploration or commercial 
recovery unless authorized to do so under--
---------------------------------------------------------------------------
    \5\ 30 U.S.C. 1411.
---------------------------------------------------------------------------
          (A) a license or a permit issued under this title;
          (B) a license, permit, or equivalent authorization 
        issued by a reciprocating state; or
          (C) an international agreement which is in force with 
        respect to the United States.
    (2) The prohibitions of this subsection shall not apply to 
any of the following activities:
          (A) Scientific research, including that concerning 
        hard mineral resources.
          (B) Mapping, or the taking of any geophysical, 
        geochemical, oceanographic, or atmospheric measurements 
        or random bottom samplings of the deep seabed, if such 
        taking does not significantly alter the surface or 
        subsurface of the deep seabed or significantly affect 
        the environment.
          (C) The design, construction, or testing of equipment 
        and facilities which will or may be used for 
        exploration or commercial recovery, if such design, 
        construction, or testing is conducted on shore, or does 
        not involve the recovery of any incidental hard mineral 
        resources.
          (D) The furnishing of machinery, products, supplies, 
        services, or materials for any exploration or 
        commercial recovery conducted under a license or permit 
        issued under this title, a license or permit or 
        equivalent authorization issued by a reciprocating 
        state, or under an international agreement.
          (E) Activities, other than exploration or commercial 
        recovery activities, of the Federal Government.
    (b) Existing Exploration.--(1) Subsection (a)(1)(A) shall 
not be deemed to prohibit any United States citizen who is 
engaged in exploration before the effective date of this Act 
from continuing to engage in such exploration--
          (A) if such citizen applies for a license under 
        section 103(a) with respect to such exploration within 
        such reasonable period of time, after the date on which 
        initial regulations to implement section 103(a) are 
        issued, as the Administrator shall prescribe; and
          (B) until such license is issued to such citizen or a 
        final administrative or judicial determination is made 
        affirming the denial of certification of the 
        application for, or issuance of, such license.
    (2) Notwithstanding paragraph (1), if the President by 
Executive order determines that immediate suspension of 
exploration activities is necessary for the reasons set forth 
in section 106(a)(2)(B) or the Administrator determines that 
immediate suspension of activities is necessary to prevent a 
significant adverse effect on the environment or to preserve 
the safety of life and property at sea, the Administrator is 
authorized, notwithstanding any other requirement of this Act, 
to issue an emergency order requiring any United States citizen 
who is engaged in exploration before the effective date of this 
Act to immediately suspend exploration activities. The issuance 
of such emergency order is subject to judicial review as 
provided in chapter 7 of title 5, United States Code.
    (3) The timely filing of any application for a license 
under paragraph (1)(A) shall entitle the applicant to priority 
of right for the issuance of such license under section 103(b). 
In any case in which more than one application referred to in 
paragraph (1) is filed based on exploration plans required by 
section 103(a)(2) which refer to all or part of the same deep 
seabed area, the Administrator shall, in taking action on such 
applications, apply principles of equity which take into 
consideration, among other things, the date on which the 
applicants or predecessors in interest, or component 
organizations thereof, commenced exploration activities and the 
continuity and extent of such exploration and amount of funds 
expended with respect to such exploration.
    (c) Interference.--No United States citizen may interfere 
or participate in interference with any activity conducted by 
any licensee or permittee which is authorized to be undertaken 
under a license or permit issued by the United States to the 
licensee or permittee under this Act or with any activity 
conducted by the holder of, and authorized to be undertaken 
under, a license or permit or equivalent authorization issued 
by a reciprocating state for the exploration or commercial 
recovery of hard mineral resources. United States citizens 
shall exercise their rights on the high seas with reasonable 
regard for the interests of other states in their exercise of 
the freedoms of the high seas.

SEC. 102.\6\ LICENSES FOR EXPLORATION AND PERMITS FOR COMMERCIAL 
                    RECOVERY.

    (a) Authority To Issue.--Subject to the provisions of this 
Act, the Administrator shall issue to applicants who are 
eligible therefor licenses for exploration and permits for 
commercial recovery.
---------------------------------------------------------------------------
    \6\ 30 U.S.C. 1412.
---------------------------------------------------------------------------
    (b) Nature of Licenses and Permits.--(1) A license or 
permit issued under this title shall authorize the holder 
thereof to engage in exploration or commercial recovery, as the 
case may be, consistent with the provisions of this Act, the 
regulations issued by the Administrator to implement the 
provisions of this Act, and the specific terms, conditions, and 
restrictions applied to the license or permit by the 
Administrator.
    (2) Any license or permit issued under this title shall be 
exclusive with respect to the holder thereof as against any 
other United States legal entity organized or existing under 
the laws of, any reciprocating state.
    (3) A valid existing license shall entitle the holder, if 
otherwise eligible under the provisions of this Act and 
regulations issued under this Act, to a permit for commercial 
recovery. Such a permit recognizes the right of the holder to 
recover hard mineral resources, and to own, transport, use, and 
sell hard mineral resources recovered, under the permit and in 
accordance with the requirements of this Act.
    (4) In the event of interference with the exploration or 
commercial recovery activities of a licensee or permittee by 
nationals of other states, the Secretary of State shall use all 
peaceful means to resolve the controversy by negotiation, 
conciliation, arbitration, or resort to agreed tribunals.
    (c) Restrictions.--(1) The Administrator may not issue--
          (A) any license or permit after the date on which an 
        international agreement is ratified by and enters into 
        force with respect to the United States, except to the 
        extent that issuance of such license or permit is not 
        inconsistent with such agreement;
          (B) any license or permit the exploration plan or 
        recovery plan of which, submitted pursuant to section 
        103(a)(2), would apply to an area to which applies, or 
        would conflict with, (i) any exploration plan or 
        recovery plan submitted with any pending application to 
        which priority of right for issuance applies under 
        section 103(b), (ii) any exploration plan or recovery 
        plan associated with any existing license or permit, or 
        (iii) any equivalent authorization which has been 
        issued, or for which formal notice of application has 
        been submitted, by a reciprocating state prior to the 
        filing date of any relevant application for licenses or 
        permits pursuant to this title;
          (C) a permit authorizing commercial recovery within 
        any area of the deep seabed in which exploration is 
        authorized under a valid existing license if such 
        permit is issued to other than the licensee for such 
        area;
          (D) any exploration license before July 1, 1981, or 
        any permit which authorizes commercial recovery to 
        commence before January 1, 1983;
          (E) any license or permit the exploration plan or 
        recovery plan for which applies to any area of the deep 
        seabed if, within the 3-year period before the date of 
        application for such license or permit, (i) the 
        applicant therefor surrendered or relinquished such 
        area under an exploration plan or recovery plan 
        associated with a previous license or permit issued to 
        such applicant, or (ii) a license or permit previously 
        issued to the applicant had an exploration plan or 
        recovery plan which applied to such area and such 
        license or permit was revoked under section 106; or
          (F) a license or permit, or approve the transfer of a 
        license or permit, except to a United States citizen.
    (2) No permittee may use any vessel for the commercial 
recovery of hard mineral resources or for the processing at sea 
at hard mineral resources recovered under the permit issued to 
the permittee unless the vessel is documented under the laws of 
the United States.
    (3) Each permittee shall use at least one vessel documented 
under the laws of the United States for the transportation from 
each mining site of hard mineral resources recovered under the 
permit issued to the permittee.
    (4) For purposes of the shipping laws of the United States, 
any vessel documented under the laws of the United States and 
used in the commercial recovery, processing, or transportation 
from any mining site of hard mineral resources recovered under 
a permit issued under this title shall be deemed to be used in, 
and used in an essential service in, the foreign commerce of 
foreign trade of the United States, as defined in section 
905(a) of the Merchant Marine Act, 1936, and shall be deemed to 
be a vessel as defined in section 1101(b) of that Act.
    (5) Except as otherwise provided in this paragraph, the 
processing on land of hard mineral resources recovered pursuant 
to a permit shall be conducted within the United States; 
Provided, That the President does not determine that such 
restrictions contravene the overriding national interests of 
the United States. The Administrator may allow the processing 
of hard mineral resources at a place other than within the 
United States if he finds, after opportunity for an agency 
hearing, that--
          (A) the processing of the quantity concerned of such 
        resource at a place other than within the United States 
        is necessary for the economic viability of the 
        commercial recovery activities of a permittee; and
          (B) satisfactory assurances have been given by the 
        permittee that such resource, after processing, to the 
        extent of the permittee's ownership therein, will be 
        returned to the United States for domestic use, if the 
        Administrator so requires after determining that the 
        national interest necessitates such return.

SEC. 103.\7\ LICENSE AND PERMIT APPLICATIONS, REVIEW, AND 
                    CERTIFICATION.

    (a) Applications.--(1) Any United States citizen may apply 
to the Administrator for the issuance of transfer of a license 
for exploration or a permit for commercial recovery.
---------------------------------------------------------------------------
    \7\ 30 U.S.C. 1413.
---------------------------------------------------------------------------
    (2)(A) Applications for issuance or transfer of license for 
exploration and permits for commercial recovery shall be made 
in such form and manner as the Administrator shall prescribe in 
general and uniform regulations and shall contain such relevant 
financial, technical, and environmental information as the 
Administrator may by regulations require as being necessary and 
appropriate for carrying out the provisions of this title. In 
accordance with such regulations, each applicant for the 
issuance of a license shall submit an exploration plan as 
described in subparagraph (B), and each applicant for a permit 
shall submit a recovery plan as described in subparagraph (C).
    (B) The exploration plan for a license shall set forth the 
activities proposed to be carried out during the period of the 
license, describe the area to be explored, and include the 
intended exploration schedule and methods to be used, the 
development and testing of systems for commercial recovery to 
take place under the terms of the license, an estimated 
schedule of expenditures, measures to protect the environment 
and to monitor the effectiveness of environmental safeguards 
and monitoring systems for commercial recovery, and such other 
information as is necessary and appropriate to carry out the 
provisions of this title. The area set forth in an exploration 
plan shall be of sufficient size to allow for intensive 
exploration.
    (C) The recovery plan for a permit shall set forth the 
activities proposed to be carried out during the period of the 
permit, and shall include the intended schedule of commercial 
recovery, environmental safeguards and monitoring systems, 
details of the area or areas proposed for commercial recovery, 
a resource assessment thereof, the methods and technology to be 
used for commercial recovery and processing, the methods to be 
used for disposal of wastes from recovery and processing, and 
such other information as is necessary and appropriate to carry 
out the provisions of this title.
    (D) The applicant shall select the size and location of the 
area of the exploration plan or recovery plan, which area shall 
be approved unless the Administrator finds that--
          (i) the area is not a logical mining unit; or
          (ii) commercial recovery activities in the proposed 
        location would result in a significant adverse impact 
        on the quality of the environment which cannot be 
        avoided by the imposition of reasonable restrictions.
    (E) For purposes of subparagraph (D), ``logical mining 
unit'' means--
          (i) in the case of a license for exploration, an area 
        of the deep seabed which can be explored under the 
        license in an efficient economical, and orderly manner 
        with due regard for conservation and protection of the 
        environment, taking into consideration the resource 
        data, other relevant physical and environmental 
        characteristics, and the state of the technology of the 
        applicant as set forth in the exploration plan; or
          (ii) in the case of a permit, an area of the deep 
        seabed--
                  (I) in which hard mineral resources can be 
                recovered in sufficient quantities to satisfy 
                the permittee's estimated production 
                requirements over the initial 20-year term of 
                the permit in an efficient, economical, and 
                orderly manner with due regard for conservation 
                and protection of the environment, taking into 
                consideration the resource data, other relevant 
                physical and environmental characteristics, and 
                the state of the technology of the applicant 
                set out in the recovery plan;
                  (II) which is not larger than is necessary to 
                satisfy the permittee's estimated production 
                requirements over the initial 20-year term of 
                the permit; and
                  (III) in relation to which the permittee's 
                estimated production requirements are not found 
                by the Administrator to be unreasonable.
    (b) Priority of Right for Issuance.--Subject to section 
101(b), priority of right for the issuance of licenses to 
applicants shall be established on the basis of the 
chronological order in which license applications which are in 
substantial compliance with the requirements established under 
subsection (a)(2) of this section are filed with the 
Administrator. Priority of right shall not be lost in the case 
of any application filed which is in substantial but not full 
compliance with such requirements if the applicant thereafter 
brings the application into conformity with such requirements 
within such reasonable period of time as the Administrator 
shall prescribe in regulations.
    (c) Eligibility for Certification.--Before the 
Administrator may certify any application for issuance or 
transfer of a license for exploration or permit for commercial 
recovery, the Administrator must find in writing, after 
consultation with other departments and agencies pursuant to 
subsection (e) of this section, that--
          (1) the applicant has demonstrated that, upon 
        issuance or transfer of the license or permit, the 
        applicant will be financially responsible to meet all 
        obligations which may be required of a licensee or 
        permittee to engage in the exploration or commercial 
        recovery proposed in the application;
          (2) the applicant has demonstrated that, upon 
        issuance or transfer of the license or permit, the 
        applicant will have the technological capability to 
        engage in such exploration or commercial recovery;
          (3) the applicant has satisfactorily fulfilled all 
        obligations under any license or permit previously 
        issued or transferred to the applicant under this Act; 
        and
          (4) the proposed exploration plan or recovery plan of 
        the applicant meets the requirements of this Act and 
        the regulations issued under this Act.
    (d) Antitrust Review.--(1) Whenever the Administrator 
receives any application for issuance or transfer of a license 
for exploration or permit for commercial recovery, the 
Administrator shall transmit promptly a complete copy of such 
application to the Attorney General of the United States and 
the Federal Trade Commission.
    (2) The Attorney General and the Federal Trade Commission 
shall conduct such antitrust review of the application as they 
deem appropriate and shall, if they deem appropriate, advise 
the Administrator of the likely effects of such issuance or 
transfer on competition.
    (3) The Attorney General and the Federal Trade Commission 
may make any recommendations they deem advisable to avoid any 
action upon such application by the Administrator which would 
create or maintain a situation inconsistent with the antitrust 
laws. Such recommendations may include, without limitation, the 
denial of issuance or transfer of the license or permit or 
issuance or transfer upon such terms and conditions as may be 
appropriate.
    (4) Any advice or recommendation submitted by the Attorney 
General or the Federal Trade Commission pursuant to this 
subsection shall be submitted within 90 days after receipt by 
them of the application. The Administrator shall not issue or 
transfer the license or permit during that 90-day period, 
except upon written confirmation by the Attorney General and 
the Federal Trade Commission that neither intends to submit any 
further advice or recommendation with respect to the 
application.
    (5) If the Administrator decides to issue or transfer the 
license or permit with respect to which denial of the issuance 
or transfer of the license or permit has been recommended by 
the Attorney General or the Federal Trade Commission, or to 
issue or transfer the license or permit without imposing those 
terms and conditions recommended by the Attorney General or the 
Federal Trade Commission as appropriate to prevent any 
situation inconsistent with the antitrust laws, the 
Administrator shall, prior to or upon issuance or transfer of 
the license or permit, notify the Attorney General and the 
Federal Trade Commission of the reasons for such decision.
    (6) The issuance or transfer of a license or permit under 
this title shall not be admissible in any way as a defense to 
any civil or criminal action for violation of the antitrust 
laws of the United States, nor shall it in any way modify or 
abridge any private right of action under such laws.
    (7) As used in this subsection, the term ``antitrust laws'' 
means the Act of July 2, 1890 (commonly known as the Sherman 
Act; 15 U.S.C. 1-7); sections 73 through 76 \8\ of the Act of 
August 27, 1894 (commonly known as the Wilson Tariff Act; 15 
U.S.C. 8-11); the Clayton Act (15 U.S.C. 12 et seq.); the Act 
of June 19, 1936 (commonly known as the Robinson-Patman Price 
Discrimination Act; 15 U.S.C. 13-13b and 21a); and the Federal 
Trade Commission Act (15 U.S.C. 41 et seq.).
---------------------------------------------------------------------------
    \8\ Sec. 14102(c)(2)(E) of Public Law 107-273 (116 Stat. 1921) 
struck out ``77'' and inserted in lieu thereof ``76''.
---------------------------------------------------------------------------
    (e) Other Federal Agencies.--The Administrator shall 
provide by regulation for full consultation and cooperation, 
prior to certification of an application for the issuance or 
transfer of any license for exploration or permit for 
commercial recovery and prior to the issuance or transfer of 
such a license or permit, with other Federal agencies or 
departments which have programs or activities within their 
statutory responsibilities which would be affected by the 
activities proposed in the application for the issuance or 
transfer of a license or permit. Not later than 30 days after 
the date of enactment of this Act, the heads of any Federal 
departments or agencies having expertise concerning, or 
jurisdiction over, any aspect of the recovery or processing of 
hard mineral resources shall transmit to the Administrator 
written comments as to their expertise or statutory 
responsibilities pursuant to this Act or any other Federal law. 
To the extent possible, such agencies shall cooperate to reduce 
the number of separate actions required to satisfy the 
statutory responsibilities of these agencies. The Administrator 
shall transmit to each such agency or department a complete 
copy of each application and each such agency or department, 
based on its legal responsibilities and authorities, may, not 
later than 60 days after receipt of the application, recommend 
certification of the application, issuance or transfer of the 
license or permit, or denial of such certification, issuance, 
or transfer. In any case in which an agency or department 
recommends such a denial, it shall set forth in detail the 
manner in which the area of responsibility and shall indicate 
how the application may be amended, or how terms, conditions, 
or restrictions might be added to the license or permit, to 
assure compliance with such law or regulation.
    (f) Review Period.--All time periods for the review of an 
application for issuance or transfer of a license or permit 
established pursuant to this section shall, to the maximum 
extent practicable, run concurrently from the date on which the 
application is received by the Administrator.
    (g) Application Certification.--Upon making the applicable 
determinations and findings required in sections 101, 102, and 
this section with respect to any applicant for the issuance or 
transfer of a license or a permit and the exploration or 
commercial recovery proposed by such applicant, after 
completion of procedures for receiving the application required 
by this Act, and upon payment by the applicant of the fee 
required under section 104, the Administrator shall certify the 
application for the issuance or transfer of the license or 
permit. The Administrator, to the maximum extent possible, 
shall endeavor to complete certification action on the 
application within 100 days after its submission. If final 
certification or denial of certification has not occurred 
within 100 days after submission of the application, the 
Administrator shall inform the applicant in writing of the then 
pending unresolved issues, the Administrator's efforts to 
resolve them, and an estimate of the time required to do so.
---------------------------------------------------------------------------
    \9\ 30 U.S.C. 1414.
---------------------------------------------------------------------------

SEC. 104.\9\ LICENSE AND PERMIT FEES.

    No application for the issuance or transfer of a license 
for exploration or permit for commercial recovery shall be 
certified unless the applicant pays to the Administrator a 
reasonable administrative fee which shall be deposited into 
miscellaneous receipts of the Treasury. The amount of the 
administrative fee imposed by the Administrator on any 
applicant shall reflect the reasonable administrative costs 
incurred in reviewing and processing the application.

SEC. 105.\10\ LICENSE AND PERMIT TERMS, CONDITIONS, AND RESTRICTIONS; 
                    ISSUANCE AND TRANSFER OF LICENSES AND PERMITS.

    (a) Eligibility for Issuance or Transfer of License or 
Permit.--Before issuing or transferring a license for 
exploration or permit for commercial recovery, the 
Administrator must find in writing, after consultation with 
interested departments and agencies pursuant to section 103(e), 
and upon considering public comments received with respect to 
the license or permit, that the exploration or commercial 
recovery proposed in the application--
---------------------------------------------------------------------------
    \10\ 30 U.S.C. 1415.
---------------------------------------------------------------------------
          (1) will not unreasonably interfere with the exercise 
        of the freedoms of the high seas by other states, as 
        recognized under general principles of international 
        law;
          (2) will not conflict with any international 
        obligation of the United States established by any 
        treaty or international convention in force with 
        respect to the United States; 
          (3) will not create a situation which may reasonably 
        be expected to lead to a breach of international peace 
        and security involving armed conflict;
          (4) cannot reasonably be expected to result in a 
        significant adverse effect on the quality of the 
        environment, taking into account the analyses and 
        information in any applicable environmental impact 
        statement prepared pursuant to section 109(c) or 
        109(d); and
          (5) will not pose an inordinate threat to the safety 
        of life and property at sea.
    (b) Issuance and Transfer of Licenses and Permits With 
Terms, Conditions, and Restrictions.--(1) Within 180 days after 
certification of any application for the issuance or transfer 
of a license or permit under section 103(g), the Administrator 
shall propose terms and conditions for, and restrictions on, 
the exploration or commercial recovery proposed in the 
application which are consistent with the provisions of this 
Act and regulations issued under this Act. If additional time 
is needed, the Administrator shall notify the applicant in 
writing of the reasons for the delay and indicate the 
approximate date on which the proposed terms, conditions, and 
restrictions will be completed. The Administrator shall provide 
to each applicant a written statement of the proposed terms, 
conditions, and restrictions. Such terms, conditions, and 
restrictions shall be generally specified in regulations with 
general criteria and standards to be used in establishing such 
terms, conditions and restrictions for a license or permit and 
shall be uniform in all licenses or permits, except to the 
extent that differing physical and environmental conditions 
require the establishment of special terms, conditions, and 
restrictions for the conservation of natural resources, 
protection of the environment, or the safety of life and 
property at sea.
    (2) After preparation and consideration of the final 
environmental impact statement pursuant to section 109(d) on 
the proposed issuance of a license or permit and subject to the 
other provisions of this Act, the Administrator shall issue to 
the applicant the license or permit with the terms, conditions, 
and restrictions incorporated therein.
    (3) The licensee or permittee to whom a license or permit 
is issued or transferred shall be deemed to have accepted the 
terms, conditions, and restrictions in the license or permit if 
the licensee or permittee does not notify the Administrator 
within 60 days after receipt of the license or permit of each 
term, condition, and restriction with which the licensee or 
permittee takes exception. The licensee or permittee, may, in 
addition to such objections as may be raised under applicable 
provisions of law, object to any term, condition, or 
restriction on the ground that the term, condition, or 
restriction is inconsistent with the Act or the regulations 
promulgated thereunder. If, after the Administrator takes final 
action on these objections, the licensee or permittee 
demonstrates that a dispute remains on a material issue of 
fact, the licensee or permittee is entitled to a decision on 
record after the opportunity for an agency hearing pursuant to 
sections 556 and 557 of title 5, United States Code. Any such 
decision made by the Administrator shall be subject to judicial 
review as provided in chapter 7 of title 5, United States Code.
    (c) Modification and Revision of Terms, Conditions, and 
Restrictions.--(1) After the issuance or transfer of any 
license or permit under subsection (b), the Administrator, 
after consultation with interested agencies and the licensee or 
permittee, may modify any term, condition, or restriction in 
such license or point--
          (A) to avoid unreasonable interference with the 
        interests of other states in their exercise of the 
        freedoms of the high seas, as recognized under general 
        principles of international law;
          (B) if relevant data and other information 
        (including, but not limited to, data resulting from 
        exploration or commercial recovery activities under the 
        license or permit) indicate that modification is 
        required to protect the quality of the environment or 
        to promote the safety of life and property at sea and 
        if such modification is consistent with the regulations 
        issued to carry out section 109(b);
          (C) to avoid a conflict with any international 
        obligation of the United States, established by any 
        treaty or convention in force with respect to the 
        United States, as determined in writing by the 
        President; or
          (D) to avoid any situation which may reasonably be 
        expected to lead to a breach of international peace in 
        writing by the President.
    (2) During the term of a license or a permit, the licensee 
or permittee may submit to the Administrator an application for 
a revision of the license or permit or the exploration plan or 
recovery plan associated with the license or permit. The 
Administrator shall approve such application upon a finding in 
writing that the revision will comply with the requirements of 
this Act and the regulations issued under this Act.
    (3) The Administrator shall establish, by regulation, 
guidelines for a determination of the scale or extent of a 
proposed modification or revision for which any or all license 
or permit application requirements and procedures, including a 
public hearing, shall apply. Any increase in the size of the 
area, or any change in the location of an area, to which an 
exploration plan or a recovery plan applies, except an 
incidental increase or change, must be made by application for 
another license or permit.
    (4) The procedures set forth in subsection (b)(3) of this 
section shall apply with respect to any modification under this 
subsection in the same manner, and to the same extent, as if 
such modification were an initial term, condition, or 
restriction proposed by the Administrator.
    (d) Prior Consultations.--Prior to making a determination 
to issue, transfer, modify, or renew a license or permit under 
this section, the Administrator shall consult with any affected 
Regional Fishery Management Council established pursuant to 
section 302 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1852),\11\ if the activities 
undertaken pursuant to such license or permit could adversely 
affect any fishery within the Fishery Conservation Zone, or any 
anadromous species or Continental Shelf fishery resource 
subject to the exclusive management authority of the United 
States beyond such zone.
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    \11\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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SEC. 106.\12\ DENIAL OF CERTIFICATION OF APPLICATIONS AND OF ISSUANCE, 
                    TRANSFER, SUSPENSION, AND REVOCATION OF LICENSES 
                    AND PERMITS; SUSPENSION AND MODIFICATION OF 
                    ACTIVITIES.

    (a) Denial, Suspension, Modification, and Revocation.--(1) 
The Administration may deny certification of an application for 
the issuance or transfer of, and may deny the issuance or 
transfer of, a license for exploration or permit for commercial 
recovery if the Administrator finds that the applicant, or the 
activities proposed to be undertaken by the applicant, do not 
meet the requirements set forth in section 103(c), section 
105(a), or in any other provision of this Act, or any 
regulation issued under this Act, for the issuance or transfer 
of a license or permit.
---------------------------------------------------------------------------
    \12\ 30 U.S.C. 1416.
---------------------------------------------------------------------------
    (2) The Administrator may--
          (A) in addition to, or in lieu of, the imposition of 
        any civil penalty under section 302(a), or in addition 
        to the imposition of any fine under section 303, 
        suspend or revoke any license or permit issued under 
        this Act, or suspend or modify any particular 
        activities under such a license or permit, if the 
        licensee or permittee, as the case may be, 
        substantially fails to comply with any provision of 
        this Act, any regulation issued under this Act, or any 
        term, condition, or restriction of the license or 
        permit; and
          (B) suspend or modify particular activities under any 
        license or permit, if the President determines that 
        such suspension or modification is necessary (i) to 
        avoid any conflict with any international obligation of 
        the United States established by any treaty or 
        convention in force with respect to the United States, 
        or (ii) to avoid any situation which may reasonably be 
        expected to lead to a breach of international peace and 
        security involving armed conflict.
    (3) No action may be taken by the Administrator to deny 
issuance or transfer of or to revoke any license or permit or, 
except as provided in subsection (c), to suspend any license or 
permit or suspend or modify particular activities under a 
license or permit, unless the Administrator--
          (A) publishes in the Federal Register and gives the 
        applicant, licensee, or permittee, as the case may be, 
        written notice of the intention of the Administrator to 
        deny the issuance or transfer of or to suspend, modify, 
        or revoke the license or permit and the reason 
        therefor; and
          (B) if the reason for the proposed denial, 
        suspension, modification, or revocation is a deficiency 
        which the applicant, licensee, or permittee can 
        correct, affords the applicant, licensee, or permittee 
        a reasonable time, but not more than 180 days from the 
        date of the notice or such longer period as the 
        Administrator may establish for good cause shown, to 
        correct such deficiency.
    (4) The Administrator shall deny issuance or transfer of, 
or suspend or revoke, any license or permit or order the 
suspension or modification of particular activities under a 
license or permit--
          (A) on the thirtieth day after the date of the notice 
        given to the applicant, licensee, or permittee under 
        paragraph (3)(A) unless before such day the applicant, 
        licensee, or permittee requests a review of the 
        proposed denial, suspension, modification, or 
        revocation; or
          (B) on the last day of the period established under 
        paragraph (3)(B) in which the applicant, licensee, or 
        permittee must correct a deficiency, if such correction 
        has not been made before such day.
    (b) Administrative Review of Proposed Denial, Suspension, 
Modification, or Revocation.--Any applicant, licensee, or 
permittee, as the case may be, who makes a timely request under 
subsection (a) for review of a denial of issuance or transfer, 
or a suspension or revocation, or a license for exploration or 
permit for commercial recovery, or a suspension or modification 
of particular activities under such a license or permit, is 
entitled to an adjudication on the record after an opportunity 
for an agency hearing with respect to such denial or 
suspension, revocation, or modification.
    (c) Effect on Activities; Emergency Orders.--The issuance 
of any notice of proposed suspension or revocation of a license 
for exploration or permit for commercial recovery or proposed 
suspension or modification of particular activities under such 
a license or permit shall not affect the continuation of 
exploration or commercial recovery activities by the licensee 
or permittee. The provisions of paragraphs (3) and (4) of 
subsection (a) and the first sentence of this subsection shall 
not apply when the President determines by Executive order that 
an immediate suspension of a license for exploration or permit 
for commercial recovery, or immediate suspension or 
modification of particular activities under such a license or 
permit, is necessary for the reasons set forth in subsection 
(a)(2)(B), or the Administrator determines that an immediate 
suspension of such a license or permit, or immediate suspension 
or modification of particular activities under such a license 
or permit, is necessary to prevent a significant adverse effect 
on the environment or to preserve the safety of life and 
property at sea, and the Administrator issues an emergency 
order requiring such immediate suspension.
    (d) Judicial Review.--Any determination of the 
Administrator, after any appropriate administrative review 
under subsection (b), to certify or deny certification of an 
application for the issuance or transfer of, or to issue, deny 
issuance of, transfer, deny the transfer of, modify, renew, 
suspend, or revoke any license for exploration or permit for 
commercial recovery, or suspend or modify particular activities 
under such a license or permit, or any immediate suspension of 
such a license or permit, or immediate suspension or 
modification of particular activities under such a license or 
permit, pursuant to subsection (c), is subject to judicial 
review as provided in chapter 7 of title 5, United States Code.

SEC. 107.\13\ DURATION OF LICENSES AND PERMITS.

    (a) Duration of a License.--Each license for exploration 
shall be issued for a period of 10 years. If the license has 
substantially complied with the license and the exploration 
plan associated therewith and has requested extensions of the 
license, the Administrator shall extend the license on terms, 
conditions, and restrictions consistent with this Act and the 
regulations issued under this Act for periods of not more than 
5 years each.
---------------------------------------------------------------------------
    \13\ 30 U.S.C. 1417.
---------------------------------------------------------------------------
    (b) Duration of a Permit.--Each permit for commercial 
recovery shall be issued for a term of 20 years and for so long 
thereafter as hard mineral resources are recovered annually in 
commercial quantities from the area to which the recovery plan 
associated with the permit applies. The permit of any permittee 
who is not recovering hard mineral resources in commercial 
quantities at the end of 10 years shall be terminated; except 
that the Administrator shall for good cause shown, including 
force majeure, adverse economic conditions, unavoidable delays 
in construction, major unanticipated vessel repairs that 
prevent the permittee from conducting commercial recovery 
activities during an annual period, or other circumstances 
beyond the control of the permittee, extend the 10-year period, 
but not beyond the initial 20-year term of the permit.

SEC. 108.\14\ DILIGENCE REQUIREMENTS.

    (a) In General.--The exploration plan or recovery plan and 
the terms, conditions, and restrictions of each, license and 
permit issued under this title shall be designed to assure 
diligent development. Each licensee shall pursue diligently the 
activities described in the exploration plan of the licensee, 
and each permittee shall pursue diligently the activities 
described in the recovery plan of the permittee.
---------------------------------------------------------------------------
    \14\ 30 U.S.C. 1418.
---------------------------------------------------------------------------
    (b) Expenditures.--Each license shall require such periodic 
reasonable expenditures for exploration by the licensee as the 
Administrator shall establish, taking into account the size of 
the area of the deep seabed to which the exploration plan 
associated with the license applies and the amount of funds 
which is estimated by the Administrator to be required for 
commercial recovery of hard mineral resources to begin within 
the time limit established by the Administrator. Such required 
expenditures shall not be established at a level which would 
discourage exploration by persons with less costly technology 
than is prevalently in use.
    (c) Commercial Recovery.--Once commercial recovery is 
achieved, the Administrator shall, within reasonable limits and 
taking into consideration all relevant factors, require the 
permittee to maintain commercial recovery throughout the period 
of the permit; except that the Administrator shall for good 
cause shown, including force majeure, adverse economic 
conditions, or other circumstances beyond the control of the 
permittee, authorize the temporary suspension of commercial 
recovery activities. The duration of such a suspension shall 
not exceed one year at any one time, unless the Administrator 
determines that conditions justify an extension of the 
suspension.

SEC. 109.\15\ PROTECTION OF THE ENVIRONMENT.

    (a) Environment Assessment.--(1) Deep ocean mining 
environmental study (domes).--The Administrator shall expand 
and accelerate the program assessing the effects on the 
environment from exploration and commercial recovery 
activities, including sea-based processing and the disposal at 
sea of processing wastes, so as to provide an assessment, as 
accurate as practicable, of environmental impacts of such 
activities for the implementation of subsections (b), (c), and 
(d).
---------------------------------------------------------------------------
    \15\ 30 U.S.C. 1419.
---------------------------------------------------------------------------
    (2) Supporting ocean research.--The Administrator also 
shall conduct a continuing program of ocean research to support 
environmental assessment activity through the period of 
exploration and commercial recovery authorized by this Act. The 
program shall include the development, acceleration, and 
expansion, as appropriate, of studies of the ecological, and 
physical aspects of the deep seabed in general areas of the 
ocean where exploration and commercial development under the 
authority of this Act are likely to occur, including, but not 
limited to--
          (A) natural diversity of the deep seabed biota;
          (B) life histories of major benthic, midwater, and 
        surface organism most likely to be affected by 
        commercial recovery activities;
          (C) long- and short-term effects of commercial 
        recovery on the deep seabed biota; and
          (D) assessment of the effects of seabased processing 
        activities.
Within 160 days after the date of enactment of this Act, the 
Administrator shall prepare a plan to carry out the program 
described in this subsection, including necessary funding 
levels for the next five fiscal years, and shall submit the 
plan to the Congress.
    (b) Terms, Conditions, and Restrictions.--Each license and 
permit issued under this title shall contain such terms, 
conditions, and restrictions, established by the Administrator, 
which prescribe the actions the license or permittee shall take 
in the conduct of exploration and commercial recovery 
activities to assure protection of the environment. The 
Administrator shall require in all activities under new 
permits, and wherever practicable in activities under existing 
permits, the use of the best available technologies for the 
protection of safety, health, and the environment wherever such 
activities would have a significant effect on safety, health, 
or the environment, except where the Administrator determines 
that the incremental benefits are clearly insufficient to 
justify the incremental costs of using such technologies. 
Before establishing such terms, conditions, and restrictions, 
the Administrator shall consult with the Administrator of the 
Environmental Protection Agency, the Secretary of State, and 
the Secretary of the department in which the Coast Guard is 
operating, concerning such terms, conditions, and restrictions, 
and the Administrator shall take into account and give due 
consideration to the information contained in each final 
environmental impact statement prepared with respect to such 
license or permit pursuant to subsection (d).
    (c) Programmatic Environmental Impact Statement.--(1) If 
the Administrator, in consultation with the Administrator of 
the Environmental Protection Agency and with assistance of 
other appropriate Federal agencies, determines that a 
programmatic environmental impact statement is required, the 
Administrator shall, as soon as practicable after the enactment 
of this act, with respect to the areas of the oceans in which 
any United States citizen is expected to undertake exploration 
and commercial recovery under the authority of this Act--
          (A) prepare and publish draft programmatic 
        environmental impact statements which assess the 
        environmental impacts of exploration and commercial 
        recovery in such areas;
          (B) afford all interested parties a reasonable time 
        after such dates of publication to submit comments to 
        the Administrator on such draft statements; and
          (C) thereafter prepare (giving full consideration to 
        all comments submitted under subparagraph (B)) and 
        publish final programmatic environmental impact 
        statements regarding such areas.
    (2) With respect to the area of the oceans in which 
exploration and commercial recovery by any United States 
citizen will likely first occur under the authority of this 
Act, the Administrator shall prepare a draft and final 
programmatic environmental impact statement as required under 
paragraph (1), except that--
          (A) the draft programmatic environmental impact 
        statement shall be prepared and published as soon as 
        practicable but not later than 270 days (or such longer 
        period as the Administrator may establish for good 
        cause shown) after the date of enactment of this Act; 
        and
          (B) the final programmatic environmental impact 
        statement shall be prepared and published within 180 
        days (or such longer period as the Administrator may 
        establish for good cause shown) after the date on which 
        the draft statement is published.
    (d) Environmental Impact Statements on Issuance of Licenses 
and Permits.--The issuance of, but not the certification of an 
application for, any license or permit under this title shall 
be deemed to be a major Federal action significantly affecting 
the quality of the human environment for purposes of section 
102 of the National Environmental Policy Act of 1969. In 
preparing an environmental impact statement pursuant to this 
subsection, the Administrator shall consult with the agency 
heads referred to in subsection (b) and shall take into 
account, and give due consideration to, the relevant 
information contained in any applicable studies and any other 
environmental impact statement prepared pursuant to this 
section. Each draft environmental impact statement prepared 
pursuant to this subsection shall be published, with the terms, 
conditions, and restrictions proposed pursuant to section 
105(d), within 180 days (or such longer period as the 
Administrator may establish for good cause shown in writing) 
following the date on which the application for the license or 
permit concerned is certified by the Administrator. Each final 
environmental impact statement shall be published 180 days (or 
such longer period as the Administrator may establish for good 
cause shown in writing) following the date on which the draft 
environmental impact statement is published.
    (e) Effect on Other Law.--For the purposes of this Act, any 
vessel or other floating craft engaged in commercial recovery 
or exploration shall not be deemed to be ``a vessel or other 
floating craft'' under section 502(12)(B) of the Clean Water 
Act and any discharge of a pollutant from such vessel or other 
floating craft shall be subject to the Clean Water Act.
    (f) Stable Reference Areas.--
          (1) Within one year after the enactment of this Act 
        the Secretary of State shall, in cooperation with the 
        Administrator and as part of the international 
        consultations pursuant to subsection 118(f), negotiate 
        with all nations that are identified in such subsection 
        for the purpose of establishing international stable 
        reference areas in which no mining shall take place: 
        Provided, however, That this subsection shall not be 
        construed as requiring any substantial withdrawal of 
        deep seabed areas from deep seabed mining authorized by 
        this Act.
          (2) Nothing in this Act shall be construed as 
        authorizing the United States to unilaterally establish 
        such reference area or areas nor shall the United 
        States recognize the unilateral claim to such reference 
        area or areas by any State.
          (3) Within four years after the enactment of this 
        Act, the Secretary of State shall submit a report to 
        Congress on the progress of establishing such stable 
        reference areas, including the designation of 
        appropriate zones to insure a representative and stable 
        biota of the deep seabed.
          (4) For purposes of this section ``stable reference 
        areas'' shall mean an area or areas of the deep seabed 
        to be used as a reference zone or zones for purposes of 
        resource evaluation and environmental assessment of 
        deep seabed mining in which no mining will occur.

SEC. 110.\16\ CONSERVATION OF NATURAL RESOURCES.

    For the purpose of conservation of natural resources, each 
license and permit issued under this title shall contain, as 
needed, terms, conditions, and restrictions which have due 
regard for the prevention of waste and the future opportunity 
for the commercial recovery of the unrecovered balance of the 
hard mineral resources in the area to which the license or 
permit applies. In establishing these terms, conditions, and 
restrictions, the Administrator shall consider the state of the 
technology, the processing system utilized and the value and 
potential use of any waste, the environmental effects of the 
exploration or commercial recovery activities, economic and 
resource data, and the national need for hard mineral 
resources. As used in this Act, the term ``conservation of 
natural resources'' is not intended to grant, imply, or create 
any inference of production controls or price regulation, in 
particular those which would affect the volume of production, 
prices, profits, markets, or the decision of which minerals or 
metals are to be recovered, except as such efforts may be 
incidental to actions taken pursuant to this section.
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    \16\ 30 U.S.C. 1420.
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SEC. 111.\17\ PREVENTION OF INTERFERENCE WITH OTHER USES OF THE HIGH 
                    SEAS.

    Each license and permit issued under this title shall 
include such restrictions as may be necessary and appropriate 
to ensure that exploration or commercial recovery activities 
conducted by the licensee or permittee do not unreasonably 
interfere with the interests of other states in their exercise 
of the freedoms of the high seas, as recognized under general 
principles of international law.
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    \17\ 30 U.S.C. 1421.
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SEC. 112.\18\ SAFETY OF LIFE AND PROPERTY AT SEA.

    (a) Conditions Regarding Vessels.--The Secretary of the 
department in which the Coast Guard is operating, in 
consultation with the Administrator, shall require in any 
license or permit issued under this title, in conformity with 
principles of international law, that vessels documented under 
the laws of the United States and used in activities authorized 
under the license or permit comply with conditions regarding 
the design, construction, alteration, repair, equipment, 
operation, manning, and maintenance relating to vessel and crew 
safety and the promotion of safety of life and property at sea.
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    \18\ 30 U.S.C. 1422.
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    (b) Applicability of Other Laws.--Notwithstanding any other 
provision of law, any vessel described in subsection (a) shall 
be subject to the provisions of the International Voyage Load 
Line Act of 1973, and to the provisions of titles 52 and 53 of 
the Revised Statutes and all Acts amendatory thereof or 
supplementary thereto.

SEC. 113.\19\ RECORDS, AUDITS, AND PUBLIC DISCLOSURE.

    (a) Records and Audits.--(1) Each licensee and permittee 
shall keep such records, consistent with standard accounting 
principles, as the Administrator shall by regulation prescribe. 
Such records shall include information which will fully 
disclose expenditures for exploration and commercial recovery, 
including processing of hard mineral resources, and such other 
information as will facilitate an effective audit of such 
expenditures.
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    \19\ 30 U.S.C. 1423.
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    (2) The Administrator and the Comptroller General of the 
United States, or any of their duly authorized representatives 
shall have access, for purposes of audit and examination, to 
any books, documents, papers, and records of licensees and 
permittees which are necessary and directly pertinent to verify 
the expenditures referred to in paragraph (1).
    (b) Submission of Data and Information.--Each licensee and 
permittee shall be required to submit to the Administrator such 
data or other information as the Administrator may reasonably 
need for purposes of making determinations with respect to the 
issuance, revocation, modification, or suspension of any 
license or permit; compliance with the reporting requirement 
contained in section 309; and evaluation of the exploration or 
commercial recovery activities conducted by the licensee or 
permittee.
    (c) Public Disclosure.--Copies of any document, report, 
communication, or other record maintained or received by the 
Administrator containing data or information required under 
this title shall be made available to any person upon any 
request which (1) reasonably describes such record and (2) is 
made in accordance with rules adopted by the Administrator 
stating the time, place, fees (if any, not to exceed the direct 
cost of the services rendered), and procedures to be followed, 
except that neither the Administrator nor any other officer or 
employee of the United States may disclose any data or 
information knowingly and willingly required under this title 
the disclosure of which is prohibited by section 1905 of title 
18, United States Code. Any officer or employee of the United 
States who discloses data or information in violation of this 
subsection shall be subject to the penalties set forth in 
section 303(b) of this Act.

SEC. 114.\20\ MONITORING OF ACTIVITIES OF LICENSEES AND PERMITTEES.

    Each license and permit issued under this title shall 
require the licensee or permittee--
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    \20\ 30 U.S.C. 1424.
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          (1) to allow the Administrator to place appropriate 
        Federal officers or employees as observers aboard 
        vessels used by the licensee or permittee in 
        exploration or commercial recovery activities (A) to 
        monitor such activities at such time, and to such 
        extent, as the Administrator deems reasonable and 
        necessary to assess the effectiveness of the terms, 
        conditions, and restrictions of the license or permit, 
        and (B) to report to the Administrator whenever such 
        officers or employees have reason to believe there is a 
        failure to comply with such terms, conditions, and 
        restrictions;
          (2) to cooperate with such officers and employees in 
        the performance of monitoring functions; and
          (3) to monitor the environmental effects of the 
        exploration and commercial recovery activities in 
        accordance with guidelines issued by the Administrator 
        and to submit such information as the Administrator 
        finds to be necessary and appropriate to assess 
        environmental impacts and to develop and evaluate 
        possible methods of mitigating adverse environmental 
        effects.

SEC. 115.\21\ RELINQUISHMENT, SURRENDER, AND TRANSFER OF LICENSES AND 
                    PERMITS.

    (a) Relinquishment and Surrender.--Any licensee or 
permittee may at any time, without penalty--
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    \21\ 30 U.S.C. 1425.
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          (1) surrender to the Administrator a license or a 
        permit issued to the licensee or permittee; or
          (2) relinquish to the Administrator, in whole or in 
        part, any right to conduct any exploration or 
        commercial recovery activities authorized by the 
        license or permit.
Any licensee or permittee who surrenders a license or permit, 
or relinquishes any such right, shall remain liable with 
respect to all violations and penalties incurred, and damage to 
persons or property caused, by the licensee or permittee as a 
result of activities engaged in by the licensee or permittee 
under such license or permit.
    (b) Transfer.--Any license or permit, upon written request 
of the licensee or permittee, may be transferred by the 
Administrator; except that no such transfer may occur unless 
the proposed transferee is a United States citizen and until 
the Administrator determines that (1) the proposed transfer is 
in the public interest, and (2) the proposed transferee and the 
exploration or commercial recovery activities the transferee 
proposes to conduct meet the requirements of this Act and 
regulations issued under this Act.

SEC. 116.\22\ PUBLIC NOTICE AND HEARINGS.

    (a) Required Procedures.--The Administrator may issue 
regulations to carry out this Act, establish and significantly 
modify terms, conditions, and restrictions in licenses and 
permits issued under this title, and issue or transfer licenses 
and permits under this title, only after public notice and 
opportunity for comment and hearings in accordance with the 
following:
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    \22\ 30 U.S.C. 1426.
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          (1) The Administrator shall publish in the Federal 
        Register notice of all applications for licenses and 
        permits, all proposals to issue or transfer licenses 
        and permits, all regulations implementing this Act, and 
        terms, conditions, and restrictions on licenses and 
        permits, and all proposals to significantly modify 
        licenses and permits. Interested persons shall be 
        permitted to examine the materials relevant to any of 
        these actions, and shall have at least 60 days after 
        publication of such notice to submit written comments 
        to the Administrator.
          (2) The Administrator shall hold a public hearing in 
        an appropriate location and may employ such additional 
        methods as the Administrator deems appropriate to 
        inform interested persons about each action specified 
        in paragraph (1) and to invite their comments thereon.
    (b) Adjudicatory Hearing.--If the Administrator determines 
that there exists one or more specific and material factual 
issues which require resolution by formal process, as least one 
adjudicatory hearing shall be held in the District of Columbia 
in accordance with the provisions of section 554 of title 5, 
United States Code. The record developed in any such 
adjudicatory hearing shall be part of the basis for the 
Administrator's decision to take any action referred to in 
subsection (a). Hearings held pursuant to this section shall be 
consolidated insofar as practicable with hearings held by other 
agencies.

SEC. 117.\23\ CIVIL ACTIONS.

    (a) Equitable Relief.--Except as provided in subsection (b) 
of this section, any person may commence a civil action for 
equitable relief on that person's behalf in the United States 
District Court for the District of Columbia--
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    \23\ 30 U.S.C. 1427.
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          (1) against any person who is alleged to be in 
        violation of any provision of this Act or any condition 
        of a license or permit issued under this title; or
          (2) against the Administrator when there is alleged a 
        failure of the Administrator to perform any act or duty 
        under this Act which is not discretionary.
if the person bringing the action has a valid legal interest 
which is or may be adversely affected by such alleged violation 
or failure to perform. In suits brought under this subsection, 
the district court shall have jurisdiction, without regard to 
the amount in controversy or the citizenship of the parties, to 
enforce the provisions of this Act, or any term, condition, or 
restriction of a license or permit issued under this title, or 
to order the Administration to perform such act or duty.
    (b) Notice.--No civil action may be commenced--
          (1) under subsection (a)(1) of this section--
                  (A) prior to 60 days after the plaintiff has 
                given notice of the alleged violation to the 
                Administrator and to any alleged violator; or
                  (B) if the Administrator or the Attorney 
                General has commenced and is diligently 
                prosecuting a civil or criminal action with 
                respect to the alleged violation in a court of 
                the United States; except that in any such 
                civil action, any person having a valid legal 
                interest which is or may be adversely affected 
                by the alleged violation may intervene; or
          (2) under subsection (a)(2) of this section, prior to 
        60 days after the plaintiff has given notice of such 
        action to the Administrator.
Notice under this subsection shall be given in such a manner as 
the Administrator shall prescribe by regulation.
    (c) Costs and Fees.--The court, in issuing any final order 
in any action brought under subsection (a) of this section, may 
award costs of litigation, including reasonable attorney and 
expert witness fees, to any party whenever the court determines 
that such an award is appropriate.
    (d) Relationship to Other Law.--Nothing in this section 
shall restrict the rights which any person or class of persons 
may have under other law to seek enforcement or to seek any 
other relief. All vessel safety and environmental requirements 
of or under this Act shall be in addition to other requirements 
of law.

SEC. 118.\24\ RECIPROCATING STATES.

    (a) Designation.--The Administrator, in consultation with 
the Secretary of State and the heads of other appropriate 
departments and agencies, may designate any foreign nation as a 
reciprocating state if the Secretary of State finds that such 
foreign nation--
---------------------------------------------------------------------------
    \24\ 30 U.S.C. 1428.
---------------------------------------------------------------------------
          (1) regulates the conduct of its citizens and other 
        persons subject to its jurisdiction engaged in 
        exploration for, and commercial recovery of, hard 
        mineral resources of the deep seabed in a manner 
        compatible with that provided in this Act and the 
        regulations issued under this act, which includes 
        adequate measures for the protection of the 
        environment, the conservation of natural resources, and 
        the safety of life and property at sea, and includes 
        effective enforcement provisions;
          (2) recognizes licenses and permits issued under this 
        title to the extent that such nation, under its laws, 
        (A) prohibits any person from engaging in exploration 
        or commercial recovery which conflicts with that 
        authorized under any such license or permit and (B) 
        complies with the date for issuance of licenses and the 
        effective date for permits provided in section 
        102(c)(1)(D) of this Act;
          (3) recognizes, under its procedures, priorities of 
        right, consistent with those provided in this Act and 
        the regulations issued under this Act, for applications 
        for licenses for exploration or permits for commercial 
        recovery, which applications are made either under its 
        procedures or under this Act; and
          (4) provides an interim legal framework for 
        exploration and commercial recovery which does not 
        unreasonably interfere with the interests of other 
        states in their exercise of the freedoms of the high 
        seas, as recognized under general principles of 
        international law.
    (b) Effect of Designation.--No license or permit shall be 
issued under this title permitting any exploration or 
commercial recovery which will conflict with any license, 
permit, or equivalent authorization issued by any foreign 
nation which is designated as a reciprocating state under 
subsection (a).
    (c) Notification.--Upon receipt of any application for a 
license or permit under this title, the Administrator shall 
immediately notify all reciprocating states of such 
application. The notification shall include those portions of 
the exploration plan or recovery plan submitted with respect to 
the application, or a summary thereof, and any other 
appropriate information not required to be withheld from public 
disclosure by section 113(c).
    (d) Revocation of Reciprocating State Status.--The 
Administrator, in consultation with the Secretary of State and 
the heads of other appropriate departments and agencies, shall 
revoke the designation of a foreign nation as a reciprocating 
state if the Secretary of State finds that such foreign nation 
no longer complies with the requirements of subsection (a). At 
the request of any holder of a license, permit, or equivalent 
authorization of such foreign nation, who obtained the license, 
permit, or equivalent authorization while such foreign nation 
was a reciprocating state, the Administrator, in consultation 
with the Secretary of State, may decide to recognize the 
license, permit, or equivalent authorization for purposes of 
subsection (b).
    (e) Authorization.--The President is authorized to 
negotiate agreements with foreign nations necessary to 
implement this section.
    (f) International Consultations.--The Administrator, in 
consultation with the Secretary of State and the heads of other 
appropriate departments and agencies, shall consult with 
foreign nations which enact, or are preparing to enact, 
domestic legislation establishing an interim legal framework 
for exploration and commercial recovery of hard mineral 
resources. Such consultations shall be carried out with a view 
to facilitating the designation of such nations as 
reciprocating states and, as necessary, the negotiation of 
agreements with foreign nations authorized by subsection (e). 
In addition, the Administrator shall provide such foreign 
nations with information on environmental impacts of 
exploration and commercial recovery activities, and shall 
provide any technical assistance requested in designating 
regulatory measures to protect the environment.

            TITLE II--TRANSITION TO INTERNATIONAL AGREEMENT

SEC. 201.\25\ DECLARATION OF CONGRESSIONAL INTENT.

    It is the intent of Congress--
---------------------------------------------------------------------------
    \25\ 30 U.S.C. 1441.
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          (1) that any international agreement to which the 
        United States becomes a party should, in addition to 
        promoting other national oceans objectives--
                  (A) provide assured and nondiscriminatory 
                access, under reasonable terms and conditions, 
                to the hard mineral resources of the deep 
                seabed for United States citizens, and
                  (B) provide security of tenure by recognizing 
                the rights of United States citizens who have 
                undertaken exploration or commercial recovery 
                under title I before such agreement enters into 
                force with respect to the United States to 
                continue their operations under terms, 
                conditions, and restrictions which do not 
                impose significant new economic burdens upon 
                such citizens with respect to such operations 
                with the effect of preventing the continuation 
                of such operations on a viable economic basis;
          (2) that the extent to which any such international 
        agreement conforms to the provisions of paragraph (1) 
        should be determined by the totality of the provisions 
        of such agreement, including, but not limited to, the 
        practical implications for the security of investments 
        of any discretionary powers granted to an international 
        regulatory body, the structures and decisionmaking 
        procedures of such body, the availability of impartial 
        and effective procedures for the settlement of 
        disputes, and any features that tend to discriminate 
        against exploration and commercial recovery activities 
        undertaken by United States citizens; and
          (3) that this Act should be transitional pending--
                  (A) the adoption of an international 
                agreement at the Third United Nations 
                Conference on the Law of the Sea, and the 
                entering into force of such agreement, or 
                portions thereof, with respect to the United 
                States, or
                  (B) if such adoption is not forthcoming, the 
                negotiation of a multilateral or other treaty 
                concerning the deep seabed, and the entering 
                into force of such treaty with respect to the 
                United States.

SEC. 202.\26\ EFFECT OF INTERNATIONAL AGREEMENT.

    If an international agreement enters into force with 
respect to the United States, any provision of title I, this 
title, or title III, and any regulation issued under any such 
provision, which is not inconsistent with such international 
agreement shall continue in effect with respect to United 
States citizens. In the implementation of such international 
agreement the Administrator, in consultation with the Secretary 
of State, shall make every effort, to the maximum extent 
practicable consistent with the provisions of that agreement, 
to provide for the continued operation of exploration and 
commercial recovery activities undertaken by United States 
citizens prior to entry into force of the agreement. The 
Administrator shall submit to the Congress, within one year 
after the date of such entry into force, a report on the 
actions taken by the Administrator under this section, which 
report shall include, but not be limited to--
---------------------------------------------------------------------------
    \26\ 30 U.S.C. 1442.
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          (1) a description of the status of deep seabed mining 
        operations of United States citizens under the 
        international agreement; and
          (2) an assessment of whether United States citizens 
        who were engaged in exploration or commercial recovery 
        on the date such agreement entered into force have been 
        permitted to continue their operations.

SEC. 203.\27\ PROTECTION OF INTERIM INVESTMENTS.

    In order to further the objectives set forth in section 
201, the Administrator, not more than one year after the date 
of enactment of this Act--
---------------------------------------------------------------------------
    \27\ 30 U.S.C. 1443.
---------------------------------------------------------------------------
          (1) shall submit to the Congress proposed legislation 
        necessary for the United States to implement a system 
        for the protection of interim investments that has been 
        adopted as part of an international agreement and any 
        resolution relating to such international agreement; or
          (2) if a system for the protection of interim 
        investments has not been so adopted, shall report to 
        the Congress on the status of negotiations relating to 
        the establishment of such a system.

SEC. 204.\28\ DISCLAIMER OF OBLIGATIONS TO PAY COMPENSATION.

    Sections 201 and 202 of this Act do not create or express 
any legal or moral obligation on the part of the United States 
Government to compensate any person for any impairment of the 
value of that person's investment in any operation for 
exploration or commercial recovery under title I which might 
occur in connection with the entering into force of an 
international agreement with respect to the United States.
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    \28\ 30 U.S.C. 1444.
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          TITLE III--ENFORCEMENT AND MISCELLANEOUS PROVISIONS

SEC. 301.\29\ PROHIBITED ACTS.

    It is unlawful for any person who is a United States 
citizen, or a foreign national on board a vessel documented or 
numbered under the laws of the United States, or subject to the 
jurisdiction of the United States under a reciprocating state 
agreement negotiated under section 118(e)--
---------------------------------------------------------------------------
    \29\ 30 U.S.C. 1461.
---------------------------------------------------------------------------
          (1) to violate any provision of this act, any 
        regulation issued under this Act, or any term, 
        condition, or restriction of any license or permit 
        issued to such person under this Act;
          (2) to engage in exploration or commercial recovery 
        after the revocation, or during the period of 
        suspension, of an applicable license or permit issued 
        under this Act, to engage in a particular exploration 
        or commercial recovery activity during the period such 
        activity has been suspended under this Act, or to fail 
        to modify a particular exploration or commercial 
        recovery activity for which modification was required 
        under this Act;
          (3) to refuse to permit any Federal officer or 
        employee authorized to monitor or enforce the 
        provisions of this Act, as provided in sections 114 and 
        304, to board a vessel documented or numbered under the 
        laws of the United States, or any vessel for which such 
        boarding is authorized by a treaty or executive 
        agreement, for purposes of conducting any search or 
        inspection in connection with the monitoring or 
        enforcement of this Act or any regulation, term, 
        condition, or restriction referred to in paragraph (1);
          (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer or employee in the conduct of any search or 
        inspection described in paragraph (3);
          (5) to resist a lawful arrest for any act prohibited 
        by this section;
          (6) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of any hard mineral resource recovered, 
        processed, or retained in violation of this Act or any 
        regulation, term, condition, or restriction referred to 
        in paragraph (1); or
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of any other person 
        subject to this section knowing that such other person 
        has committed any act prohibited by this section.

SEC. 302.\30\ CIVIL PENALTIES.

    (a) Assessment of Penalty.--Any person subject to section 
301 who is found by the Administrator, after notice and an 
opportunity for a hearing in accordance with section 554 of 
title 5, United States Code, to have committed any act 
prohibited by section 301 shall be liable to the United States 
for a civil penalty. The amount of the civil penalty shall not 
exceed $25,000 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 Administrator by 
written notice. In determining the amount of such penalty, the 
Administrator shall take into account the nature, 
circumstances, extent, and gravity of the prohibited act 
committed and, with respect to the violator, any history or 
prior offenses, good faith demonstrated in attempting to 
achieve timely compliance after being cited for the violation, 
and other matters as justice may require.
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    \30\ 30 U.S.C. 1462.
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    (b) Review of Civil Penalty.--Any person subject to section 
301 against whom a civil penalty is assessed under subsection 
(a) may obtain review thereof in an appropriate district court 
of the United States by filing a notice of appeal in such court 
within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail 
to the Administrator. The Administrator shall promptly file in 
such court a certified copy of the record which the particular 
violation was found and such penalty was imposed, as provided 
in section 2112 of title 28, United States Code. The findings 
and order of the Administrator shall be set aside by such court 
if they are not found to be supported by substantial evidence 
as provided in section 706(2)(E) of title 5, United States 
Code.
    (c) Action Upon Failure To Pay Assessment.--If any person 
subject to section 301 fails to pay a civil penalty assessed 
against such person after the penalty has become final, or 
after the appropriate court has entered final judgment in favor 
of the Administrator, the Administrator shall refer the matter 
to the Attorney General of the United States, who shall recover 
the civil penalty 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.
    (d) Compromise or Other Action by the Administrator.--The 
Administrator may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section unless an action 
brought under subsection (b) or (c) is pending in a court of 
the United States.

SEC. 303.\31\ CRIMINAL OFFENSE.

    (a) Offense.--A person subject to section 301 is guilty of 
an offense if such person willfully and knowingly commits any 
act prohibited by section 301.
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    \31\ 30 U.S.C. 1463.
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    (b) Punishment.--Any offense described in paragraphs (1), 
(2), and (6) of section 301 is punishable by a fine of not more 
than $75,000 for each day during which the violation continues. 
Any offense described in paragraphs (3), (4), (5), and (7) of 
section 301 is punishable by a fine of not more than $75,000 or 
imprisonment for not more than six months, or both. If, in the 
commission of any offense, the person subject to the 
jurisdiction of the United States uses a dangerous weapon, 
engages in conduct that causes bodily injury to any Federal 
officer or employee, or places any such Federal officer or 
employee in fear of imminent bodily injury, the offense is 
punishable by a fine of not more than $100,000 or imprisonment 
for not more than ten years, or both.

SEC. 304.\32\ ENFORCEMENT.

    (a) Responsibility.--Subject to the other provisions of 
this subsection, the Administrator shall enforce the provisions 
of this Act. The Secretary of the department in which the Coast 
Guard is operating shall exercise such other enforcement 
responsibilities with respect to vessels subject to the 
provisions of this Act as are authorized under other provisions 
of law and may, upon the specific request of the Administrator, 
assist the Administrator in the enforcement of the provisions 
of this Act. The Secretary of the department in which the Coast 
Guard is operating shall have the exclusive responsibility for 
enforcement measures which affect the safety of life and 
property at sea. The Administrator and the Secretary of the 
department in which the Coast Guard is operating may, by 
agreement, on a reimbursable basis or otherwise, utilize the 
personnel, services, equipment, including aircraft and vessels, 
and facilities of any other Federal agency or department, and 
may authorize officers or employees of other departments or 
agencies to provide assistance as necessary in carrying out 
subsection (b). While providing such assistance, these officers 
and employees shall be under the control, authority, and 
supervision of the Coast Guard. The Administrator and the 
Secretary of the department in which the Coast Guard is 
operating may issue regulations jointly or severally as may be 
necessary and appropriate to carry out their duties under this 
section.
---------------------------------------------------------------------------
    \32\ 30 U.S.C. 1464.
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    (b) Powers of Authorized Officers.--To enforce this Act on 
board any vessel subject to the provisions of the Act, any 
officer who is authorized by the Administrator or by the 
Secretary of the department in which the Coast Guard is 
operating may--
          (1) board and inspect any vessel which is subject to 
        the provisions of this Act;
          (2) search any such vessel if the officer has 
        reasonable cause to believe that the vessel has been 
        used or employed in the violation of any provision of 
        this Act;
          (3) arrest any person subject to section 301 if the 
        officer has reasonable cause to believe that the person 
        has committed a criminal offense under section 303;
          (4) seize any such vessel together with it 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 Act if such seizure 
        is necessary to prevent evasion of the enforcement of 
        this Act;
          (5) seize any hard mineral resource recovered or 
        processed in violation of any provision of this Act;
          (6) seize any other evidence related to any violation 
        of any provision of this Act;
          (7) execute any warrant or other process issued by 
        any court of competent jurisdiction; and
          (8) exercise any other lawful authority.
    (c) Definition.--For purposes of this section, the term 
``provisions of this Act'' or ``provision of this Act'' means 
(1) any provision of title I or II or this title, (2) any 
regulation issued under title I, title II, or this title, and 
(3) any term, condition, or restriction of any license or 
permit issued under title I.
    (d) Proprietary Information.--Proprietary and privileged 
information seized or maintained under this title concerning a 
person or vessel engaged in exploration or commercial recovery 
shall not be made available for general or public use or 
inspection. The Administrator and the Secretary of the 
department in which the Coast Guard is operating shall issue 
regulations to insure the confidentiality of privileged and 
proprietary information.

SEC. 305.\33\ LIABILITY OF VESSELS.

    Any vessel documented or numbered under the laws of the 
United States (except a public vessel engaged in noncommercial 
activities) which is used in any violation of this Act, any 
regulation issued under this Act, or any term, condition, or 
restriction of any license or permit issued under title I shall 
be liable in rem for any civil penalty assessed or criminal 
fine imposed and may be proceeded against in any district court 
of the United States having jurisdiction thereof.
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    \33\ 30 U.S.C. 1465.
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SEC. 306.\34\ CIVIL FORFEITURES.

    (a) In General.--Any vessel subject to the provisions of 
sections 304 and 305, including its gear, furniture, 
appurtenances, stores, and cargo, which is used, in any manner, 
in connection with or as a result of the commission of any act 
prohibited by section 301 and any hard mineral resource which 
is recovered, processed, or retained, in any manner, in 
connection with or as a result of any such act, shall be 
subject to forfeiture to the United States. All or part of such 
vessel, and all such hard mineral resources, may be forfeited 
to the United States pursuant to a civil proceeding under this 
section. All provisions of law relating to the seizure, 
judicial forfeiture, and condemnation of a vessel or cargo for 
violation of the customs laws, and the disposition of the 
vessel, cargo, or proceeds from the sale thereof and the 
remission or mitigation of such forfeitures shall apply to 
seizures and forfeitures incurred or alleged to have been 
incurred under the provisions of this section insofar as such 
provisions of law are applicable and not inconsistent with this 
Act.
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    \34\ 30 U.S.C. 1466.
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    (b) Jurisdiction of Courts.--Any district court of the 
United States which has jurisdiction under section 307 shall 
have jurisdiction, upon application by 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 Act or for which 
security has not previously been obtained under subsection (d).
    (d) Procedure.--Any officer authorized to serve any process 
in rem which is issued by a court having jurisdiction under 
section 307 shall stay the execution of such process, or 
discharge any property seized pursuant to such process, upon 
the receipt of a satisfactory bond or other security from any 
person subject to section 301 claiming such property. Such bond 
or other security shall be conditioned upon such person (1) 
delivering such property to the appropriate court upon order 
thereof, without any impairment of its value; or (2) paying the 
monetary value of such property pursuant to any 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.
    (e) Rebuttable Presumption.--For purposes of this section, 
it shall be a rebuttable presumption that all hard mineral 
resources found on board a vessel subject to the provisions of 
sections 304 and 305 which is seized in connection with an act 
prohibited by section 301 were recovered, processed, or 
retained in violation of this Act.

SEC. 307.\35\ JURISDICTION OF COURTS.

    The district of the United States shall have exclusive 
jurisdiction over any case or controversy arising under the 
provisions of this Act. These courts may, at any time--
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    \35\ 30 U.S.C. 1467.
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          (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 interest of 
        justice.

SEC. 308.\36\ REGULATIONS.

    (a) Proposed Regulations.--Not later than 270 days after 
the date of enactment of this Act, the Administrator shall 
solicit the views of the agency heads referred to in section 
109(b) and of interested persons, and issue, in accordance with 
section 553 of title 5, United States Code, such proposed 
regulations as are required by or are necessary and appropriate 
to implement titles I and II and this title. The Administrator 
shall hold at least one public hearing on such proposed 
regulations.
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    \36\ 30 U.S.C. 1468.
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    (b) Final Regulations.--Not later than 180 days after the 
date on which proposed regulations are issued pursuant to 
subsection (a), the Administrator shall solicit the views of 
the agency heads referred to in section 109(b) and of 
interested persons, consider the comments received during the 
public hearing required in subsection (a) and any written 
comments on the proposed regulations received by the 
Administrator, and issue, in accordance with section 553 of 
title 5, United States Code, such regulations as are required 
by or are necessary and appropriate to implement titles I and 
II and this title.
    (c) Amendments.--The Administrator may at any time amend 
regulations issued pursuant to subsection (b) as the 
Administrator determines to be necessary and appropriate in 
order to provide for the conservation of natural resources 
within the meaning of section 110, protection of the 
environment, and the safety of life and property at sea. Such 
amended regulations shall apply to all exploration or 
commercial recovery activities conducted under any license or 
permit issued or maintained pursuant to this Act; except that 
any such amended regulations which provide for conservation of 
natural resources shall apply to exploration or commercial 
recovery conducted under an existing license or permit during 
the present term of such license or permit only if the 
Administration determines that such amended regulations 
providing for conservation of natural resources will not impose 
serious or irreparable economic hardship on the licensee or 
permittee. Any amendment to regulation under this subsection 
shall be made on the record after an opportunity for an agency 
hearing.
    (d) Consistency.--This Act and the regulations issued under 
this Act shall not be deemed to supersede any other Federal 
laws or treaties or regulations issued thereunder.

SEC. 309.\37\ BIENNIAL REPORT.

    (a) Submission on Reports.--The Administrator shall submit 
to the Congress--
---------------------------------------------------------------------------
    \37\ 30 U.S.C. 1469.
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          (1) not later than December 31, 1981, a report on the 
        administration of this Act during the period beginning 
        on the date of enactment of this Act and ending 
        September 30, 1981; and
          (2) not later than December 31 of each second year 
        thereafter, a report on the administration of this Act 
        during the two fiscal years preceding the date on which 
        the report is required to be filed.
    (b) Contents.--Each report filed pursuant to subsection (a) 
shall include, but be limited to, the following information 
with respect to the reporting period:
          (1) Licenses and permits issued, modified, revised, 
        suspended, revoked, relinquished, surrendered, or 
        transferred, denials of certifications of applications 
        for the issuance or transfer of licenses and permits; 
        denials or issuance or transfer of licenses and 
        permits; and required suspensions and modifications of 
        activities under licenses and permits.
          (2) A description and evaluation of the exploration 
        and commercial recovery activities undertaken, 
        including, but not limited to, information setting 
        forth the quantities of hard mineral resources 
        recovered and the disposition of such resources.
          (3) An assessment of the environmental impacts, 
        including a description and estimate of any damage 
        caused by any adverse effects on the quality of the 
        environment resulting from such activities.
          (4) The number and description of all civil and 
        criminal proceedings, including citations, instituted 
        under this title, and the current status of such 
        proceedings.
          (5) Such recommendations as the Administrator deems 
        appropriate for amending this Act to further fulfill 
        its purposes.

SEC. 310.\38\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the 
Administrator, for purposes of carrying out the provisions of 
titles I and II and this title, such sums as may be necessary 
for the fiscal years ending September 30, 1981, and September 
30, 1982, and $1,469,000 for the fiscal year ending September 
30, 1983, $2,150,000 for the fiscal year ending September 30, 
1984, $1,500,000 for each of the fiscal years ending September 
30, 1985 and September 30, 1986, $1,500,000 for each of the 
fiscal years ending September 30, 1987, September 30, 1988, and 
September 30, 1989, and $1,525,000 for each of the fiscal years 
1990, 1991, 1992, 1993, and 1994.\39\
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    \38\ 30 U.S.C. 1470.
    \39\ Public Law 97-416 (96 Stat. 2084), added authorizations for 
fiscal years 1983 and 1984. Sec. 403 of Public Law 98-623 (98 Stat. 
3408) added authorizations for fiscal years 1985 and 1986. Public Law 
99-507 (100 Stat. 1847) added authorizations for fiscal years 1987, 
1988, and 1989. Public Law 101-178 (103 Stat. 1297) added 
authorizations for fiscal years 1990 through 1994.
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SEC. 311.\40\ SEVERABILITY.

    If any provision of this Act or any application thereof is 
held invalid, the validity of the remainder of the Act, or any 
other application, shall not be affected thereby.
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    \40\ 30 U.S.C. 1471.
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                             TITLE IV--TAX

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Deep Seabed Hard Mineral 
Removal Tax Act of 1979''.

SEC. 402.\41\ IMPOSITION OF TAX ON REMOVAL OF HARD MINERAL RESOURCES 
                    FROM DEEP SEABED. * * *
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    \41\ Sec. 402 amended ch. 36 of the Internal Revenue Code of 1954 
[now Internal Revenue Code of 1986, pursuant to sec. 2 of Public Law 
99-514] (relating to certain other excise taxes), by adding new secs. 
4495 through 4498, title 26, effective January 1, 1980.
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SEC. 403.\42\ ESTABLISHMENT OF DEEP SEABED REVENUE SHARING TRUST FUND.

    (a) Creation of Trust Fund.--There is established in the 
Treasury of the United States a trust fund to be known as the 
``Deep Seabed Revenue Sharing Trust Fund'' ((hereinafter in 
this section referred to as the ``Trust Fund''), consisting of 
such amounts as may be appropriated or credited to the Trust 
Fund as provided in this section.
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    \42\ 30 U.S.C. 1472.
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    (b) Transfer to Trust Fund of Amounts Equivalent to Certain 
Taxes.--
          (1) In general.--There are hereby appropriated to the 
        Trust Fund amounts determined by the Secretary of the 
        Treasury to be equivalent to the amounts of the taxes 
        received in the Treasury under section 4495 of the 
        Internal Revenue Code of 1986.\43\
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    \43\ Sec. 2 of the Tax Reform Act of 1986 (Public Law 99-514; 100 
Stat. 2095) struck out ``Internal Revenue Code of 1954'' and inserted 
in lieu thereof ``Internal Revenue Code of 1986'', wherever it is cited 
in any law.
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          (2) Method of transfer.--The amounts appropriated by 
        paragraph (1) shall be transferred at least quarterly 
        from the general fund of the Treasury to the Trust Fund 
        on the basis of estimates made by the Secretary of the 
        Treasury of the amounts referred to in paragraph (1) 
        received in the Treasury. Proper adjustments shall be 
        made in the amounts subsequently transferred to the 
        extent prior estimates were in excess of or less than 
        the amount required to be transferred.
    (c) Management of Trust Fund.--
          (1) Report.--It shall be the duty of the Secretary of 
        the Treasury to hold the Trust Fund, and to report to 
        the Congress for the fiscal year ending September 30, 
        1980, and each fiscal year thereafter on the financial 
        condition and the results of the operations of the 
        Trust Fund during the preceding year and on its 
        expected condition and operations during the fiscal 
        year and the next five fiscal years after the fiscal 
        year. Such report shall be printed as a House document 
        of the session of the Congress to which the report is 
        made.
          (2) Investment.--
                  (A) In general.--It shall be the duty of the 
                Secretary of the Treasury to invest such 
                portion of the Trust Fund as is not, in his 
                judgment, required to meet current withdrawals. 
                Such investments may be made only in interest-
                bearing obligations of the United States. For 
                such purpose, such obligations may be acquired 
                (i) on original issue at the issue price, or 
                (ii) by purchase of outstanding obligations at 
                the market price.
                  (B) Sale of obligations.--Any obligation 
                acquired by the Trust Fund may be sold by the 
                Secretary at the market price.
                  (C) Interest on certain proceeds.--The 
                interest on, and the proceeds from the sale or 
                redemption of, any obligations held in the 
                Trust Fund shall be credited to and form a part 
                of the Trust Fund.
    (d) Expenditures From Trust Fund.--If an international deep 
seabed treaty is ratified by and in effect with respect to the 
United States on or before the date ten years after the date of 
the enactment of this Act, amounts in the Trust Fund shall be 
available, as provided by appropriations Acts, for making 
contributions required under such treaty for purposes of the 
sharing among nations of the revenues from deep seabed mining. 
Nothing in this subsection shall be deemed to authorize any 
program or other activity not otherwise authorized by law.
    (e) Use of Funds.--If an international deep seabed treaty 
is not in effect with respect to the United States on or before 
the date ten years after the date of the enactment of this Act, 
amounts in the Trust Fund shall be available for such purposes 
as Congress may hereafter provide by law.
    (f) International Deep Seabed Treaty.--For purposes of this 
section, the term ``international deep seabed treaty'' has the 
meaning given to such term by section 4498(b) of the Internal 
Revenue Code of 1986.\43\

SEC. 404.\44\ ACT NOT TO AFFECT TAX OR CUSTOMS OR TARIFF TREATMENT OF 
                    DEEP SEABED MINING.

    Except as otherwise provided in section 402, nothing in 
this Act shall affect the application of the Internal Revenue 
Code of 1986.\43\ Nothing in this Act shall affect the 
application of the customs or tariff laws of the United States.
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    \44\ 30 U.S.C. 1473.
    i. Establishment of Exclusive Economic Zone of the United States

          Proclamation 5030, March 10, 1983, 48 F.R. 10605 \1\

Whereas the Government of the United States of America desires 
    to facilitate the wise development and use of the oceans 
    consistent with international law;
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1453 note.
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Whereas international law recognizes that, in a zone beyond its 
    territory and adjacent to its territorial sea, known as the 
    Exclusive Economic Zone, a coastal State may assert certain 
    sovereign rights over natural resources and related 
    jurisdiction; and
Whereas the establishment of an Exclusive Economic Zone by the 
    United States will advance the development of ocean 
    resources and promote the protection of the marine 
    environment, while not affecting other lawful uses of the 
    zone, including the freedoms of navigation and overflight, 
    by other States;

    NOW, THEREFORE, I, RONALD REAGAN, by the authority vested 
in me as President by the Constitution and laws of the United 
States of America, do hereby proclaim the sovereign rights and 
jurisdiction of the United States of America and confirm also 
the rights and freedoms of all States within an Exclusive 
Economic Zone, as described herein.
    The Exclusive Economic Zone of the United States is a zone 
contiguous to the territorial sea, including zones contiguous 
to the territorial sea of the United States, the Commonwealth 
of Puerto Rico, the Commonwealth of the Northern Mariana 
Islands (to the extent consistent with the Covenant and the 
United Nations Trusteeship Agreement), and United States 
overseas territories and possessions. The Exclusive Economic 
Zone extends to a distance 200 nautical miles from the baseline 
from which the breadth of the territorial sea is measured. In 
cases where the maritime boundary with a neighboring State 
remains to be determined, the boundary of the Exclusive 
Economic Zone shall be determined by the United States and 
other State concerned in accordance with equitable principles.
    Within the Exclusive Economic Zone, the United States has, 
to the extent permitted by international law, (a) sovereign 
rights for the purpose of exploring, exploiting, conserving and 
managing natural resources, both living and non-living, of the 
seabed and subsoil and the superjacent waters and with regard 
to other activities for the economic exploitation and 
exploration of the zone, such as the production of energy from 
the water, currents and winds; and (b) jurisdiction with regard 
to the establishment and use of artificial islands, and 
installations and structures having economic purposes, and the 
protection and preservation of the marine environment.
    This Proclamation does not change existing United States 
policies concerning the continental shelf, marine mammals and 
fisheries, including highly migratory species of tuna which are 
not subject to United States jurisdiction and require 
international agreements for effective management.
    The United States will exercise these sovereign rights and 
jurisdiction in accordance with the rule of international law.
    Without prejudice to the sovereign rights and jurisdiction 
of the United States, the Exclusive Economic Zone remains an 
area beyond the territory and territorial sea of the United 
States in which all States enjoy the high seas freedoms of 
navigation, overflight, the laying of submarine cables and 
pipelines, and other internationally lawful uses of the sea.
    IN WITNESS WHEREOF, I have hereunto set my hand this tenth 
day of March, in the year of our Lord nineteen and eighty-
three, and of the Independence of the United States of America 
the two hundred and seventh.
        j. Establishment of Territorial Sea of the United States

         Proclamation 5928, December 27, 1988, 54 F.R. 777 \1\

    International law recognizes that coastal nations may 
exercise sovereignty and jurisdiction over their territorial 
seas.
---------------------------------------------------------------------------
    \1\ 43 U.S.C. 1331 note.
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    The territorial sea of the United States is a maritime zone 
extending beyond the land territory and internal waters of the 
United States over which the United States exercises 
sovereignty and jurisdiction, a sovereignty and jurisdiction 
that extend to the airspace over the territorial sea, as well 
as to its bed and subsoil.
    Extension of the territorial sea by the United States to 
the limits permitted by international law will advance the 
national security and other significant interests of the United 
States.
    NOW, THEREFORE, I, RONALD REAGAN, by the authority vested 
in me as President by the Constitution of the United States of 
America, and in accordance with international law, do hereby 
proclaim the extension of the territorial sea of the United 
States of America, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, and any other 
territory or possession over which the United States exercises 
sovereignty.
    The territorial sea of the united States henceforth extends 
to 12 miles from the baselines of the United States determined 
in accordance with international law.
    In accordance with international law, as reflected in the 
applicable provisions of the 1982 United Nations Convention on 
the Law of the Sea, within the territorial sea of the united 
States, the ships of all countries enjoy the right of innocent 
passage and the ships and aircraft of all countries enjoy the 
right of transit passage through international straits.
    Nothing in this Proclamation:
          (a) extends or otherwise alters existing Federal or 
        State law or any jurisdiction, rights, legal interests, 
        or obligations derived therefrom; or
          (b) impairs the determination, in accordance with 
        international law, of any maritime boundary of the 
        United States with a foreign jurisdiction.
    IN WITNESS WHEREOF, I have hereunto set my hand this 27th 
day of December, in the year of our Lord nineteen and eighty-
eight, and of the Independence of the United States of America 
the two hundred and thirteenth.
        k. Establishment of Contiguous Zone of the United States

        Proclamation 7219, September 2, 1999, 64 F.R. 48701 \1\

    International law recognizes that coastal nations may 
establish zones contiguous to their territorial seas, known as 
contiguous zones.
---------------------------------------------------------------------------
    \1\ 43 U.S.C. 1331 note.
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    The contiguous zone of the United States is a zone 
contiguous to the territorial sea of the United States, in 
which the United States may exercise the control necessary to 
prevent infringement of its customs, fiscal, immigration, or 
sanitary laws and regulations within its territory or 
territorial sea, and to punish infringement of the above laws 
and regulations committed within its territory or territorial 
sea.
    Extension of the contiguous zone of the United States to 
the limits permitted by international law will advance the law 
enforcement and public health interests of the United States. 
Moreover, this extension is an important step in preventing the 
removal of cultural heritage found within 24 nautical miles of 
the baseline.
    NOW, THEREFORE, I, WILLIAM J. CLINTON, by the authority 
vested in me as President by the Constitution of the United 
States, and in accordance with international law, do hereby 
proclaim the extension of the contiguous zone of the United 
States of America, including the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, the 
Commonwealth of the Northern Mariana Islands, and any other 
territory or possession over which the United States exercises 
sovereignty, as follows:
    The contiguous zone of the United States extends to 24 
nautical miles from the baselines of the United States 
determined in accordance with international law, but in no case 
within the territorial sea of another nation.
    In accordance with international law, reflected in the 
applicable provisions of the 1982 Convention on the Law of the 
Sea, within the contiguous zone of the United States the ships 
and aircraft of all countries enjoy the high seas freedoms of 
navigation and overflight and the laying of submarine cables 
and pipelines, and other internationally lawful uses of the sea 
related to those freedoms, such as those associated with the 
operation of ships, aircraft, and submarine cables and 
pipelines, and compatible with the other provisions of 
international law reflected in the 1982 Convention on the Law 
of the Sea.
    Nothing in this proclamation:
          (a) amends existing Federal or State law;
          (b) amends or otherwise alters the rights and duties 
        of the United States or other nations in the Exclusive 
        Economic Zone of the United States established by 
        Proclamation 5030 of March 10, 1983 [16 U.S.C. 1453 
        note]; or
          (c) impairs the determination, in accordance with 
        international law, of any maritime boundary of the 
        United States with a foreign jurisdiction.
    IN WITNESS WHEREOF, I have hereunto set my hand this second 
day of September, in the year of our Lord nineteen hundred and 
ninety-nine, and of the Independence of the United States of 
America the two hundred and twenty-fourth.
             l. Governing International Fishery Agreements

      (1) Governing International Fisheries Agreement With Poland

    Partial text of Public Law 105-384 [H.R. 3461], 112 Stat. 3451, 
                       approved November 13, 1998

 AN ACT To approve a governing international fishery agreement between 
 the United States and the Republic of Poland, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

     TITLE I--GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND

SEC. 101.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH POLAND.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823), the governing 
international fishery agreement between the Government of the 
United States of America and the Government of the Republic of 
Poland, as contained in the message to Congress from the 
President of the United States dated February 5, 1998, is 
approved as a governing international fishery agreement for the 
purposes of such Act and shall enter into force and effect with 
respect to the United States on the date of the enactment of 
this Act.
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    \1\ 16 U.S.C. 1823 note.
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          * * * * * * *
(2) Governing International Fisheries Agreement With Russian Federation

    Partial text of Public Law 103-206 [H.R. 2150], 108 Stat. 2419, 
     approved December 20, 1993; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

AN ACT To authorize appropriations for fiscal year 1994 for the United 
              States Coast Guard, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

              TITLE VII--MISCELLANEOUS FISHERY PROVISIONS

SEC. 701.\1\ GOVERNING INTERNATIONAL FISHERIES AGREEMENT.

    The Agreement between the Government of the United States 
of America and the Government of the Russian Federation on 
Mutual Fisheries Relations which was entered into on May 31, 
1988, and which expired by its terms on October 28, 1993, may 
be brought into force again for the United States through an 
exchange of notes between the United States of America and the 
Russian Federation and may remain in force and effect on the 
part of the United States until May 1, 1994, and may be amended 
or extended by a subsequent agreement to which section 203 of 
the Magnuson-Stevens Fishery Conservation and Management Act 
\2\ (16 U.S.C. 1823) applies.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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          * * * * * * *

SEC. 703. INTERNATIONAL FISHERY CONSERVATION IN THE CENTRAL BERING SEA.

    It is the sense of the Congress that--
          (1) the United States should take appropriate 
        measures to conserve the resources of the Doughnut 
        Hole, a small enclave of international waters in the 
        central Bering Sea, encircled by the Exclusive Economic 
        Zones of the United States and the Russian Federation;
          (2) the United States should continue its pursuit of 
        an international agreement, consistent with its rights 
        as a coastal state, to ensure proper management for 
        future commercial viability of these natural resources;
          (3) the United States, working closely with the 
        Russian Federation should, in accordance with 
        international law and through multilateral 
        consultations or through other means, promote effective 
        international programs for the implementation and 
        enforcement of regulations of the fisheries by those 
        nations that fish in the Doughnut Hole;
          (4) the United States nonetheless should be mindful 
        of its management responsibility in this regard and of 
        its rights in accordance with international law to 
        fully utilize the stock within its own exclusive 
        economic zone;
          (5) the United States should accept as an urgent duty 
        the need to conserve for future generations the 
        Aleutian Basin pollock stock and should carry out that 
        duty by taking all necessary measures, in accordance 
        with international law; and
          (6) the United States should foster further 
        multilateral cooperation leading to international 
        consensus on management of the Doughnut Hole resources 
        through the fullest use of diplomatic channels and 
        appropriate domestic and international law and should 
        explore all other available options and means for 
        conservation and management of these living marine 
        resources.
          * * * * * * *
       (3) Governing International Fishery Agreement With Estonia

    Partial text of Public Law 102-587 [H.R. 5617], 106 Stat. 5039, 
approved November 4, 1992; as amended by Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

 AN ACT To provide Congressional approval of a Governing International 
               Fishery Agreement, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Oceans Act of 1992''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1431 note.
---------------------------------------------------------------------------

     TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT

SEC. 1001.\2\ APPROVAL OF AGREEMENT.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1823),\3\ the 
governing international fishery agreement between the 
Government of the United States of America and the Government 
of the Republic of Estonia, as contained in the message to 
Congress from the President of the United States dated June 24, 
1992, is approved by the Congress as a governing international 
fishery agreement for the purposes of such Act and shall enter 
into force and effect with respect to the United States on the 
date of enactment of this title.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1823 note.
    \3\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *
        (4) Governing International Fishery Agreement with Japan

 Partial text of Public Law 101-224 [National Oceanic and Atmospheric 
 Administration Ocean and Coastal Programs Authorization Act of 1989; 
 H.R. 1668], 103 Stat. 1905, approved December 12, 1989; as amended by 
    Public Law 104-208 [Department of Commerce and Related Agencies 
 Appropriations Act; title II of sec. 101(a) of title I of Public Law 
    104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

   AN ACT To authorize appropriations for certain ocean and coastal 
    programs of the National Oceanic and Atmospheric Administration.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

SECTION 7.\1\ INTERNATIONAL FISHERY AGREEMENT.

    Notwithstanding any provision of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et 
seq.), the governing international fishery agreement entered 
into between the Government of the United States and the 
Government of Japan, as contained in the Message to Congress 
from the President of the United States dated October 30, 1989, 
is approved by the Congress and shall enter into force and 
effect with respect to the United States on the date of the 
enactment of this Act.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *
    (5) Governing International Fishery Agreement with Soviet Union

    Partial text of Public Law 100-629 [H.R. 4919], 102 Stat. 3287, 
approved November 7, 1988; as amended by Public Law 104-208 [Department 
 of Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

AN ACT To approve the governing international fishery agreement between 
the United States and the Union of the Soviet Socialist Republics, and 
                          for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SOVIET UNION FISHING AGREEMENT.

    That notwithstanding any provision of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et 
seq.), the governing international fishery agreement entered 
into between the Government of the United States and the 
Government of the Union of the Soviet Socialist Republics, as 
contained in the Message to Congress from the President of the 
United States dated June 22, 1988, is approved by the Congress 
and shall enter into force and effect with respect to the 
United States on the date of the enactment of this Act.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *

SEC. 5.\1\ NORTH PACIFIC AND BERING SEA FISHERIES ADVISORY BODY.

    (a) In General.--The Secretary of State shall establish an 
advisory body on the fisheries of the North Pacific and the 
Bering Sea, which shall advise the United States representative 
to the International Consultative Committee created in 
accordance with Article XIV of the governing international 
fishery agreement entered into between the United States and 
the Union of Soviet Socialist Republics, as contained in the 
Message to Congress from the President of the United States 
dated June 22, 1988.
    (b) Membership.--
          (1) In general.--The advisory body established 
        pursuant to this section shall consist of 12 members, 
        as follows:
                  (A) The Director of the Department of 
                Fisheries of the State of Washington.
                  (B) The Commission of the Department of Fish 
                and Game of the State of Alaska.
                  (C) Five members appointed by the Secretary 
                of State from among persons nominated by the 
                Governor of Alaska on the basis of their 
                knowledge and experience in commercial 
                harvesting, processing, or marketing of fishery 
                resources.
                  (D) Five members appointed by the Secretary 
                of State from among persons nominated by the 
                Governor of Washington on the basis of their 
                knowledge and experience in commercial 
                harvesting, processing, or marketing of fishery 
                resources.
          (2) Nominations.--The Governor of Alaska and the 
        Governor of Washington shall each nominate 10 persons 
        for purposes of paragraph (1).
    (c) Pay.--Members of the advisory body established pursuant 
to this section shall receive no pay by reason of their service 
as members of the advisory body.
    (d) Exemption From Federal Advisory Committee Act.--The 
Federal Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall 
not apply to an advisory body established pursuant to this 
section.

SEC. 6.\3\ USE OF VESSEL IDENTIFICATION EQUIPMENT.

    (a) The Secretary of State, the Secretary of Commerce, and 
the Secretary of the department in which the Coast Guard is 
operating, as appropriate, shall exercise their authority under 
section 201(c)(2)(C) of the Magnuson-Stevens Fishery 
Conservation and Management Act \2\ (16 U.S.C. 1821) to require 
the use of transponders or other such appropriate position-
fixing and identification equipment on any vessel other than a 
vessel of the United States engaged in fishing in the United 
States Exclusive Economic Zone.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 1821 note.
---------------------------------------------------------------------------
    (b) The Secretary of Commerce, after consultation with the 
Secretary of Defense, the Secretary of State, and the Secretary 
of the department in which the Coast Guard is operating shall 
report to the Committee on Merchant Marine and Fisheries \4\ of 
the House of Representatives and the Committee on Commerce, 
Science and Transportation of the Senate within 180 days after 
the date of enactment of this Act on the results of their 
compliance with subsection (a).
---------------------------------------------------------------------------
    \4\ Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that 
references to the Committee on Merchant Marine and Fisheries of the 
House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).

          * * * * * * *
 (6) Governing International Fishery Agreement with German Democratic 
                                Republic

Partial text of Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved 
June 27, 1988; as amended by Public Law 104-208 [Department of Commerce 
  and Related Agencies Appropriations Act; title II of sec. 101(a) of 
  title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved 
                           September 30, 1996

AN ACT To provide Congressional approval of the Governing International 
 Fishery Agreement between the United States and the Government of the 
                      German Democratic Republic.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1.\1\ APPROVAL OF GIFA WITH GERMAN DEMOCRATIC REPUBLIC.

    That notwithstanding section 203 of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1823), 
the extension of the governing international fishery agreement 
between the Government of the United States of American and the 
Government of the German Democratic Republic, as contained in 
the message to Congress from the President of the United 
States, dated May 3, 1988--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) is approved by Congress as a governing 
        international fishery agreement for the purposes of 
        such Act; and
          (2) shall enter into force and effect with respect to 
        the United States on the date of enactment of this Act.
          * * * * * * *
  (7) Governing International Fishery Agreement with Japan Concerning 
             Fisheries Off the Coasts of the United States

 Title I of Public Law 100-220 [United States-Japan Fishery Agreement 
Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved December 29, 
  1987; as amended by Public Law 104-208 [Department of Commerce and 
Related Agencies Appropriations Act; title II of sec. 101(a) of title I 
 of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 
                                30, 1996

AN ACT To provide congressional approval of the Governing International 
 Fishery Agreements between the United States and Japan; to implement 
   the provisions of Annex V to the International Convention for the 
 Prevention of Pollution from Ships, 1973; to reauthorize the National 
 Sea Grant College Program Act; to improve efforts to monitor, assess, 
  and reduce the adverse impacts of driftnets; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

  TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH 
                                 JAPAN

SEC. 1001.\1\ APPROVAL OF AGREEMENT.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act \2\ (16 U.S.C. 1823), the 
governing international fishery agreement between the 
Government of the United States of America and the Government 
of Japan Concerning Fisheries Off the Coasts of the United 
States, as contained in the Message to Congress from the 
President of the United States dated November 17, 1987--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) is approved by Congress as a governing 
        international fishery agreement for purposes of such 
        Act, and
          (2) shall enter into force and effect with respect to 
        the United States on the date of the enactment of this 
        Act.
     (8) Governing International Fishery Agreement with South Korea

    Partial text of Public Law 100-66 [United States-Korea Fishery 
Agreement; Sea Grant College Fellowship Program; H.R. 2480], 101 Stat. 
     384, approved July 10, 1987; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

   AN ACT To extend temporarily the governing international fishery 
agreement between the United States and the Republic of Korea, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ EXTENSION OF GOVERNING INTERNATIONAL FISHERY AGREEMENT 
                    BETWEEN THE UNITED STATES AND SOUTH KOREA.

    Notwithstanding any provision of the Magnuson-Stevens 
Fishery Conservation and Management Act \2\ (16 U.S.C. 1801 et 
seq.), the governing international fishery agreement entered 
into between the Government of the United States and the 
Government of the Republic of Korea on July 26, 1982, shall 
remain in force and effect with respect to the United States 
until the closing date of the sixty-day period referred to in 
section 203(a) of such Act that applies with respect to any new 
governing international fishery agreement between the United 
States and the Republic of Korea that is transmitted to the 
Congress under section 203(a) after May 1, 1987, or November 1, 
1987, whichever is earlier.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          * * * * * * *
  (9) Governing International Fishery Agreements with Iceland and the 
                      European Economic Community

   Title I of Public Law 98-623 [H.R. 6342], 98 Stat. 3394, approved 
   November 8, 1984; as amended by Public Law 104-208 [Department of 
  Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

   AN ACT To approve governing international fishery agreements with 
  Iceland and the EEC; to establish national standards for artificial 
  reefs; to implement the Convention on the Conservation of Antarctic 
            Marine Living Resources; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

 TITLE I--APPROVAL OF GOVERNING INTERNATIONAL FISHERY AGREEMENTS WITH 
                        ICELAND AND THE EEC \1\

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act \2\ (16 U.S.C. 1823)--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) the governing international fishery agreement 
        between the Government of the United States and the 
        European Economic Community Concerning Fisheries Off 
        the Coasts of the United States, as contained in the 
        Message to Congress from the President of the United 
        States dated August 27, 1984, is hereby approved by 
        Congress as a governing international fishery agreement 
        for purposes of that Act, and may enter into force with 
        respect to the United States in accordance with the 
        terms of Article XIX of the agreement after the date of 
        the enactment of this title, upon signature of the 
        agreement by both parties; and
          (2) the governing international fishery agreement 
        between the Government of the United States and the 
        Government of the Republic of Iceland Concerning 
        Fisheries off the Coasts of the United States, as 
        contained in the message to Congress from the President 
        of the United States dated September 28, 1984, is 
        hereby approved by Congress as a governing 
        international fishery agreement for purposes of that 
        Act, and may enter into force with respect to the 
        United States in accordance with the terms of Article 
        XVI of the agreement after the date of the enactment of 
        this title.
  (10) Governing International Fishery Agreements with Japan and Spain

  Title IV of Public Law 97-389 [H.R. 3942], 96 Stat. 1949, at 1954, 
     approved December 29, 1982; as amended by Public Law 104-208 
[Department of Commerce and Related Agencies Appropriations Act; title 
  II of sec. 101(a) of title I of Public Law 104-208; H.R. 3610], 110 
                Stat. 3009, approved September 30, 1996

 AN ACT To amend the Commercial Fisheries Research and Development Act 
                                of 1964.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled, That this Act may be cited as the ``Fisheries 
Amendments of 1982''.
          * * * * * * *

          TITLE IV--GOVERNING INTERNATIONAL FISHERY AGREEMENTS

    Sec. 401.\1\ Notwithstanding any other provision of law, 
the governing international fishery agreement entered into 
between the Government of the United States and the Government 
of Japan pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act \2\ (16 U.S.C. 1801 et seq.) signed at 
Washington on September 10, 1982, is approved, and shall become 
effective on January 1, 1983.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
    Sec. 402.\1\ Notwithstanding any other provision of law, 
the governing international fishery agreement entered into 
between the Government of the United States and the Government 
of Spain pursuant to the Magnuson-Stevens Fishery Conservation 
and Management Act \2\ (16 U.S.C. 1801 et seq.) signed on July 
29, 1982, is approved.
          * * * * * * *
      (11) Governing International Fishery Agreement With Portugal

 Partial text of Public Law 96-561 [Salmon and Steelhead Conservation 
and Enhancement Act of 1980; S. 2163], 94 Stat. 3275 at 3287, approved 
  December 22, 1980; as amended by Public Law 104-208 [Department of 
  Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
                      approved September 30, 1996

 AN ACT To provide for the conservation and enhancement of the salmon 
and steelhead resources of the United States, assistance to treaty and 
    nontreaty harvesters of those resources, and for other purposes.

    Be it enacted by the Senate and the House of 
Representatives of the United States of America in Congress 
assembled,
          * * * * * * *

SEC. 145.\1\ GOVERNING INTERNATIONAL FISHERY AGREEMENT WITH PORTUGAL.

    Notwithstanding section 203 of the Magnuson-Stevens Fishery 
Conservation and Management Act,\2\ the governing international 
fishery agreement between the Government of the United States 
of America and the Government of Portugal Concerning Fisheries 
Off the Coasts of the United States, as contained in the 
message to Congress from the President of the United States 
dated December 1, 1980--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1823 note.
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (1) is hereby approved by Congress as a governing 
        international fishery agreement for the purposes of 
        such Act of 1976; and
          (2) shall enter into force and effect with respect to 
        the United States on the date of the enactment of this 
        title.
          * * * * * * *
                          2. Marine Pollution

                      a. Oil Pollution Act of 1990

Partial text of Public Law 101-380 [H.R. 1465], 104 Stat. 484, approved 
                            August 18, 1990

AN ACT To establish limitations on liability for damages resulting from 
oil pollution, to establish a fund for the payment of compensation for 
                 such damages, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Oil Pollution Act of 1990''.
---------------------------------------------------------------------------
    \1\ 33 U.S.C. 2701 note.
---------------------------------------------------------------------------
          * * * * * * *

     TITLE III--INTERNATIONAL OIL POLLUTION PREVENTION AND REMOVAL

SEC. 3001. SENSE OF CONGRESS REGARDING PARTICIPATION IN INTERNATIONAL 
                    REGIME.

    It is the sense of the Congress that it is in the best 
interests of the United States to participate in an 
international oil pollution liability and compensation regime 
that is at least as effective as Federal and State laws in 
preventing incidents and in guaranteeing full and prompt 
compensation for damages resulting from incidents.

SEC. 3002. UNITED STATES-CANADA GREAT LAKES OIL SPILL COOPERATION.

    (a) Review.--The Secretary of State shall review relevant 
international agreements and treaties with the Government of 
Canada, including the Great Lakes Water Quality Agreement, to 
determine whether amendments or additional international 
agreements are necessary to--
          (1) prevent discharges of oil on the Great Lakes;
          (2) ensure an immediate and effective removal of oil 
        on the Great Lakes; and
          (3) fully compensate those who are injured by a 
        discharge of oil on the Great Lakes.
    (b) Consultation.--In carrying out this section, the 
Secretary of State shall consult with the Department of 
Transportation, the Environmental Protection Agency, the 
National Oceanic and Atmospheric Administration, the Great 
Lakes States, the International Joint Commission, and other 
appropriate agencies.
    (c) Report.--The Secretary of State shall submit a report 
to the Congress on the results of the review under this section 
within 6 months after the date of the enactment of this Act.

SEC. 3003. UNITED STATES-CANADA LAKE CHAMPLAIN OIL SPILL COOPERATION.

    (a) Review.--The Secretary of State shall review relevant 
international agreements and treaties with the Government of 
Canada, to determine whether amendments or additional 
international agreements are necessary to--
          (1) prevent discharges of oil on Lake Champlain;
          (2) ensure an immediate and effective removal of oil 
        on Lake Champlain; and
          (3) fully compensate those who are injured by a 
        discharge of oil on Lake Champlain.
    (b) Consultation.--In carrying out this section, the 
Secretary of State shall consult with the Department of 
Transportation, the Environmental Protection Agency, the 
National Oceanic and Atmospheric Administration, the States of 
Vermont and New York, the International Joint Commission, and 
other appropriate agencies.
    (c) Report.--The Secretary of State shall submit a report 
to the Congress on the results of the review under this section 
within 6 months after the date of the enactment of this Act.

SEC. 3004. INTERNATIONAL INVENTORY OF REMOVAL EQUIPMENT AND PERSONNEL.

    The President shall encourage appropriate international 
organizations to establish an international inventory of spill 
removal equipment and personnel.

SEC. 3005. NEGOTIATIONS WITH CANADA CONCERNING TUG ESCORTS IN PUGET 
                    SOUND.

    Congress urges the Secretary of State to enter into 
negotiations with the Government of Canada to ensure that 
tugboat escorts are required for all tank vessels with a 
capacity over 40,000 deadweight tons in the Strait of Juan de 
Fuca and in Haro Strait.
          * * * * * * *
                 b. Act to Prevent Pollution from Ships

  Public Law 96-478 [H.R. 6665], 94 Stat. 2297, approved October 21, 
  1980; as amended by Public Law 100-220 [United States-Japan Fishery 
 Agreement Approval Act of 1987; H.R. 3674], 101 Stat. 1458, approved 
December 29, 1987; Public Law 101-225 [Coast Guard Authorization Act of 
 1989; H.R. 2459], 103 Stat. 1908, approved December 12, 1989; Public 
  Law 101-380 [Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484, 
approved August 18, 1990; Public Law 102-241 [Coast Guard Authorization 
 Act, Fiscal Year 1992; H.R. 1776], 105 Stat. 2208, approved December 
 19, 1991; Public Law 103-160 [National Defense Authorization Act for 
  Fiscal Year 1994; H.R. 2401], 107 Stat. 1547, approved November 30, 
1993; Public Law 104-201 [National Defense Authorization Act for Fiscal 
  Year 1997; H.R. 3230], 110 Stat. 2422, approved September 23, 1996; 
Public Law 104-227 [Antarctic Science, Tourism, and Conservation Act of 
1996; H.R. 3060], 110 Stat. 3034, approved October 2, 1996; Public Law 
  104-324 [Coast Guard Authorization Act of 1996; S. 1004], 110 Stat. 
3901, approved October 19, 1996; and Public Law 105-261 [Strom Thurmond 
National Defense Authorization Act of Fiscal Year 1999; H.R. 3616], 112 
                 Stat. 1920, approved October 17, 1998

AN ACT To implement the Protocol of 1978 Relating to the International 
 Convention for the Prevention of Pollution from Ships, 1973, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Act to Prevent Pollution from 
Ships''.
    Sec. 2.\1\ (a) \2\ Unless the context indicates otherwise, 
as used in this Act--
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    \1\ 33 U.S.C. 1901.
    \2\ Sec. 2101 of Public Law 100-220 (101 Stat. 1460) inserted 
``(a)'' after ``Sec. 2.'', and amended the text of subsec. (a)(1) (as 
redesignated) that previously read as follows:
    ``(1) `MARPOL Protocol' means the Protocol of 1978 Relating to the 
International Convention for the Prevention of Pollution from Ships, 
1973, done at London on February 17, 1978. This Protocol incorporates 
and modifies the International Convention for the Prevention of 
Pollution from Ships, 1973, done at London on November 2, 1973;''.
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          (1) \3\ ``Antarctica'' means the area south of 60 
        degrees south latitude;
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    \3\ Sec. 201(a) of Public Law 104-227 (110 Stat. 3042) redesignated 
paras. (1) through (10) as paras. (3) through (12), and added new 
paras. (1) and (2).
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          (2) \3\ ``Antarctic Protocol'' means the Protocol on 
        Environmental Protection to the Antarctic Treaty, 
        signed October 4, 1991, in Madrid, and all annexes 
        thereto, and includes any future amendments thereto 
        which have entered into force;
          (3) \3\ ``MARPOL Protocol'' means the Protocol of 
        1978 relating to the International Convention for the 
        Prevention of Pollution from Ships, 1973, and includes 
        the Convention;
          (4) \3\ ``Convention'' means the International 
        Convention for the Prevention of Pollution from Ships, 
        1973, including Protocols I and II and Annexes I, II, 
        and V thereto, including any modification or amendments 
        to the Convention, Protocols, or Annexes which have 
        entered into force for the United States; \4\
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    \4\ Sec. 2101(3) of Public Law 100-220 (101 Stat. 1460) inserted 
the words to this point beginning with ``Annexes I''.
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          (5) \3\ ``discharge'' and ``garbage'' \5\ and 
        ``harmful substance'' and ``incident'' shall have the 
        meanings provided in the Convention;
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    \5\ Sec. 2101(4) of Public Law 100-220 (101 Stat. 1460) inserted 
``and `garbage' ''.
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          (6) \3\ ``owner'' means any person holding title to, 
        or in the absence of title, any other indicia of 
        ownership of, a ship or terminal, but does not include 
        a person who, without participating in the management 
        or operation of a ship or terminal, holds indicia of 
        ownership primarily to protect a security interest in 
        the ship or terminal;
          (7) \3\ ``operator'' means--
                  (A) in the case of a ship, a charterer by 
                demise or any other person, except the owner, 
                who is responsible for the operation, manning, 
                victualing, and supplying of the vessel, or
                  (B) in the case of a terminal, any person, 
                except the owner, responsible for the operation 
                of the terminal by agreement with the owner;
          (8) \3\ ``person'' means an individual, firm, public 
        or private corporation, partnership, association, 
        State, municipality, commission, political subdivision 
        of a State, or any interstate body;
          (9) \3\ ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (10) \3\ ``ship'' means a vessel of any type 
        whatsoever, including hydrofoils, air-cushion vehicles, 
        submersibles, floating craft whether self-propelled or 
        not, and fixed or floating platforms; \6\
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    \6\ Sec. 1003(f) of Public Law 103-160 (107 Stat. 1748) struck out 
``and'' at the end of para. (10), originally enacted as para (8); 
redesignated the following para., now para. 12; and added a new para. 
(9), now para. (11).
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          (11) \3\, \6\ ``submersible'' means a 
        submarine, or any other vessel designed to operate 
        under water; and
          (12) \3\, \6\ ``terminal'' means an 
        onshore facility or an offshore structure located in 
        the navigable waters of the United States or subject to 
        the jurisdiction of the United States and used, or 
        intended to be used, as a port or facility for the 
        transfer or other handling of a harmful substance.
    (b) \7\ For purposes of this Act, the requirements of Annex 
V shall apply to the navigable waters of the United States, as 
well as to all other waters and vessels over which the United 
States has jurisdiction.
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    \7\ Sec. 2101(5) of Public Law 100-220 (101 Stat. 1461) added 
subsec. (b).
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    (c) \8\ For the purposes of this Act, the requirements of 
Annex IV to the Antarctic Protocol shall apply in Antarctica to 
all vessels over which the United States has jurisdiction.
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    \8\ Sec. 201(a)(3) of Public Law 104-227 (110 Stat. 3042) added 
subsec. (c).
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    Sec. 3.\9\ (a) \10\ This Act shall apply--
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    \9\ 33 U.S.C. 1902.
    \10\ Secs. 2102 of Public Law 100-220 (101 Stat. 1461) amended and 
restated subsecs. (a) through (c), which previously read as follows:
    ``Sec. 3. (a) This Act applies to--
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  ``(1) a ship of United States registry or nationality, or one operated 
under the authority of the United States, wherever located;

  ``(2) a ship registered in or of the nationality of a country party to 
the MARPOL Protocol, or one operated under the authority of a country party 
to the MARPOL Protocol, while in the navigable waters of the United States; 
and

  ``(3) a ship registered in or of the nationality of a country not a party 
to the MARPOL Protocol, under subsection (c) of this section, while in the 
navigable waters of the United States.
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    ``(b) This Act does not apply to--
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  ``(1) a warship, naval auxiliary, or other ship owned or operated by the 
United States when engaged in noncommercial service; or

  ``(2) any other ship specifically excluded by the MARPOL Protocol.
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    ``(c) The Secretary shall prescribe regulations applicable to the 
ships of a country not a party to the MARPOL Protocol to ensure that 
their treatment is not more favorable than that accorded ships of 
parties to the MARPOL Protocol.''.
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          (1) to a ship of United States registry or 
        nationality, or one operated under the authority of the 
        United States, wherever located;
          (2) with respect to Annexes I and II to the 
        Convention, to a ship, other than a ship referred to in 
        paragraph (1), while in the navigable waters of the 
        United States;
          (3) with respect to the requirements of Annex V to 
        the Convention, to a ship, other than a ship referred 
        to in paragraph (1), while in the navigable waters or 
        the exclusive economic zone of the United States; and
          (4) with respect to regulations prescribed under 
        section 6 of this Act, any port or terminal in the 
        United States
    (b) \10\ (1) Except as provided in paragraph (2), this Act 
shall not apply to--
          (A) a warship, naval auxiliary, or other ship owned 
        or operated by the United States when engaged in 
        noncommercial service; or
          (B) any other ship specifically excluded by the 
        MARPOL Protocol or the Antarctic Protocol.\11\
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    \11\ Sec. 201(b) of Public Law 104-227 (110 Stat. 3042) inserted 
``or the Antarctic Protocol''.
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    (2)(A) Notwithstanding any provision of the MARPOL 
Protocol, and subject to subparagraph (B) of this paragraph, 
the requirements of Annex V to the Convention shall apply as 
follows: \12\
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    \12\ Sec. 1003(a) of Public Law 103-160 (107 Stat. 1745) struck out 
``after 5 years after the effective date of this paragraph to a ship 
referred to in paragraph (1)(A).'' and inserted in lieu thereof ``as 
follows'' and clauses (i) through (iii).
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          (i) \12\ After December 31, 1993, to all ships 
        referred to in paragraph (1)(A) of this subsection 
        other than those owned or operated by the Department of 
        the Navy.
          (ii) \12\ Except as provided in subsection (c) of 
        this section, after December 31, 1998, to all ships 
        referred to paragraph (1)(A) of this subsection other 
        than submersibles owned or operated by the Department 
        of the Navy.
          (iii) \12\ Except as provided in subsection (c) of 
        this section, after December 31, 2008, to all ships 
        referred to in paragraph (1)(A) of this subsection.
    (B) This paragraph shall not apply during time of war or 
declared national emergency.
    (c) \10\, \13\ Discharges in Special Areas.--(1) 
Except as provided in paragraphs (2) and (3), not later than 
\14\ December 31, 2000, all surface ships owned or operated by 
the Department of the Navy, and not later than December 31, 
2008, all submersibles owned or operated by the Department of 
the Navy, shall comply with the special area requirements of 
Regulation 5 of Annex V to the Convention.
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    \13\ Sec. 1003(b)(2) of Public Law 103-160 (107 Stat. 1746) added 
subsec. (c).
    \14\ Sec. 324(a)(1) of Public Law 104-201 (110 Stat. 2480) struck 
out ``Not later than'' and inserted in lieu thereof ``Except as 
provided in paragraphs (2) and (3), not later than''.
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    (2) \15\ (A) Subject to subparagraph (B), any ship 
described in subparagraph (C) may discharge, without regard to 
the special area requirements of Regulation 5 of Annex V to the 
Convention, the following non-plastic, non-floating garbage:
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    \15\ Sec. 324(a)(2) of Public Law 104-201 (110 Stat. 2480) struck 
out paras. (2), (3), and (4), and added new paras. (2) and (3).
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          (i) A slurry of seawater, paper, cardboard, or food 
        waste that is capable of passing through a screen with 
        openings no larger than 12 millimeters in diameter.
          (ii) Metal and glass that have been shredded and 
        bagged so as to ensure negative buoyancy.
          (iii) \16\ With regard to a submersible, nonplastic 
        garbage that has been compacted and weighted to ensure 
        negative buoyancy.
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    \16\ Sec. 326(a) of Public Law 105-261 (112 Stat. 1965) added 
clause (iii) and struck out ``subparagraph (A)(ii)'' and inserted in 
lieu thereof ``clauses (ii) and (iii) of subparagraph (A)''.
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    (B)(i) Garbage described in subparagraph (A)(i) may not be 
discharged within 3 nautical miles of land.
    (ii) Garbage described in clauses (ii) and (iii) of 
subparagraph (A) \16\ may not be discharged within 12 nautical 
miles of land.
    (C) This paragraph applies to any ship that is owned or 
operated by the Department of the Navy that, as determined by 
the Secretary of the Navy--
          (i) has unique military design, construction, 
        manning, or operating requirements; and
          (ii) cannot fully comply with the special area 
        requirements of Regulation 5 of Annex V to the 
        Convention because compliance is not technologically 
        feasible or would impair the operations or operational 
        capability of the ship.
    (3) \15\ (A) Not later than December 31, 2000, the 
Secretary of the Navy shall prescribe and publish in the 
Federal Register standards to ensure that each ship described 
in subparagraph (B) is, to the maximum extent practicable 
without impairing the operations or operational capabilities of 
the ship, operated in a manner that is consistent with the 
special area requirements of Regulation 5 of Annex V to the 
Convention.
    (B) Subparagraph (A) applies to surface ships that are 
owned or operated by the Department of the Navy that the 
Secretary plans to decommission during the period beginning on 
January 1, 2001, and ending on December 31, 2005.
    (C) At the same time that the Secretary publishes standards 
under subparagraph (A), the Secretary shall publish in the 
Federal Register a list of the ships covered by subparagraph 
(B).
    (d) \17\ The Secretary shall prescribe regulations 
applicable to the ships of a country not a party to the MARPOL 
Protocol, including regulations conforming to and giving effect 
to the requirements of Annex V as they apply under subsection 
(a) of section 3, to ensure that their treatment is not more 
favorable than that accorded ships to parties to the MARPOL 
Protocol.
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    \17\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746) 
redesignated this subsection from subsec. (c) to subsec. (d).
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    (e) \18\ Compliance by Excluded Vessels.--(1) The Secretary 
of the Navy shall develop and, as appropriate, support the 
development of technologies and practices for solid waste 
management aboard ships owned or operated by the Department of 
the Navy, including technologies and practices for the 
reduction of the waste stream generated aboard such ships, that 
are necessary to ensure the compliance of such ships with Annex 
V to the Convention on or before the dates referred to in 
subsections (b)(2)(A) and (c)(1) of this section.
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    \18\ Sec. 1003(c) of Public Law 103-160 (107 Stat. 1746) added 
subsec. (e).
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    (2) Notwithstanding any effective date of the application 
of this section to a ship, the provisions of Annex V to the 
Convention with respect to the disposal of plastic shall apply 
to ships equipped with plastic processors required for the 
long-term collection and storage of plastic aboard ships of the 
Navy upon the installation of such processors in such ships.
    (3) Except when necessary for the purpose of securing the 
safety of the ship, the health of the ship's personnel, or 
saving life at sea, it shall be a violation of this Act for a 
ship referred to in subsection (b)(1)(A) of this section that 
is owned or operated by the Department of the Navy:
          (A) With regard to a submersible, to discharge 
        buoyant garbage or \19\ plastic.
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    \19\ Sec. 326(b) of Public Law 105-261 (112 Stat. 1965) struck out 
``garbage that contains more than the minimum amount practicable of''.
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          (B) With regard to a surface ship, to discharge 
        plastic contaminated by food during the last 3 days 
        before the ship enters port.
          (C) With regard to a surface ship, to discharge 
        plastic, except plastic that is contaminated by food, 
        during the last 20 days before the ship enters port.
    (4) The Secretary of Defense shall publish in the Federal 
Register:
          (A) \20\ Each year, the amount and nature of the 
        discharges in special areas, not otherwise authorized 
        under this Act, during the preceding year from ships 
        referred to in subsection (b)(1)(A) of this section 
        owned or operated by the Department of the Navy.
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    \20\ Sec. 324(d) of Public Law 104-201 (110 Stat. 2481) amended and 
restated subpara. (A). It formerly read as follows:
    ``(A) Beginning on October 1, 1994, and each year thereafter until 
October 1, 2000, the amount and nature of the discharges in special 
areas, not otherwise authorized under Annex V to the Convention, during 
the preceding year from ships referred to in subsection (b)(1)(A) of 
this section owned or operated by the Department of the Navy.''.
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          (B) Beginning on October 1, 1996, and each year 
        thereafter until October 1, 1998, a list of the names 
        of such ships equipped with plastic processors pursuant 
        to section 1003(e) of the National Defense 
        Authorization Act for Fiscal Year 1994.
    (f) \21\ Waiver Authority.--The President may waive the 
effective dates of the requirements set forth in subsection (c) 
of this section and in subsection 1003(e) of the National 
Defense Authorization Act for Fiscal Year 1994 if the President 
determines it to be in the paramount interest of the United 
States to do so. Any such waiver shall be for a period not in 
excess of one year. The President shall submit to the Congress 
each January a report on all waivers from the requirements of 
this section granted during the preceding calendar year, 
together with the reasons for granting such waivers.
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    \21\ Sec. 1003(d) of Public Law 103-160 (107 Stat. 1747) added 
subsec. (f).
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    (g) \22\ The heads of Federal departments and agencies 
shall prescribe standards applicable to ships excluded from 
this Act by subsection (b)(1) of this section and for which 
they are responsible. Standards prescribed under this 
subsection shall ensure, so far as is reasonable and 
practicable without impairing the operations or operational 
capabilities of such ships, that such ships act in a manner 
consistent with the MARPOL Protocol.
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    \22\ Sec. 1003(b)(1) of Public Law 103-160 (107 Stat. 1746) 
redesignated this subsection from subsec. (d) to subsec. (g).
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    Sec. 4.\23\ (a) Unless otherwise specified in this Act,\24\ 
the Secretary shall administer and enforce the MARPOL Protocol, 
Annex IV to the Antarctic Protocol,\25\ and this Act. In the 
administration and enforcement of the MARPOL Protocol and this 
Act, Annexes I and II of the Convention apply \24\ only to 
seagoing ships.
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    \23\ 33 U.S.C. 1903. Public Law 102-388 (106 Stat. 1542) provided 
the following: ``That notwithstanding any other provision of law, the 
Secretary of State shall communicate to the Government of Panama, 
within three months of the enactment of this section, the 
dissatisfaction of the Government of the United States concerning 
inadequate compliance by Panama with the enforcement provisions of 
Annex V of the International Convention for the Prevention of Pollution 
from ships (MARPOL 73/78), and the Secretary of State and the Secretary 
of Transportation, in consultation with the Commandant of the Coast 
Guard, shall further provide no later than March 15, 1993, a written 
report to the Congress describing and assessing (1) the actions taken 
by the Government of Panama since August 1, 1992, to investigate and, 
where appropriate, penalize Panamanian flag ships which have been 
reported by other nations to have violated the provisions of Annex V of 
MARPOL 73/78, (2) any efforts taken by the Government of Panama to 
ensure improved compliance with the provisions of Annex V of MARPOL 73/
78 on the part of Panamanian flag ships, and (3) the actions by the 
Government of the United States in the implementation of its new 
enforcement policy for Annex V of MARPOL 73/78, including penalty 
actions taken against foreign flag vessels by the coast Guard for 
violations by those vessels occurring within the exclusive economic 
zone of the United States.''.
    \24\ Sec. 2107(a) of Public Law 100-220 (101 Stat. 1464) struck out 
``herein'' and inserted in lieu thereof ``in this Act'', and struck out 
``MARPOL Protocol shall be applicable'' and inserted in lieu thereof 
``Convention apply''.
    \25\ Sec. 201(c) of Public Law 104-227 (110 Stat. 3042) inserted 
``, Annex IV to the Antarctic Protocol,''.
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    (b)(1) \26\ The Secretary shall prescribe any necessary or 
desired regulations to carry out the provisions of the MARPOL 
Protocol, Annex IV to the Antarctic Protocol,\25\ or this Act.
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    \26\ Sec. 2107 of Public Law 100-220 (101 Stat. 1464) inserted 
``(1)'' after ``(b)'', and added a new subpara. (2).
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    (2) \26\ The Secretary of the department in which the Coast 
Guard is operating shall--
          (A) \27\ prescribe regulations which--
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    \27\ Sec. 201(c)(3) of Public Law 104-227 (110 Stat. 3042) struck 
out ``within 1 year after the effective date of this paragraph,'' at 
the beginning of subpara. (A).
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                  (i) require certain ships described in 
                section 3(a)(1) to maintain refuse record books 
                and shipboard management plans, and to display 
                placards which notify the crew and passengers 
                of the requirements of Annex V to the 
                Convention and of Annex IV to the Antarctic 
                Protocol; \25\ and
                  (ii) specify the ships described in section 
                3(a)(1) to which the regulations apply;
          (B) seek an international agreement or international 
        agreements which apply requirements equivalent to those 
        described in subparagraph (A)(i) to all vessel subject 
        to Annex V to the Convention; and
          (C) within 2 years after the effective date of this 
        paragraph, report to the Congress--
                  (i) regarding activities of the Secretary 
                under subparagraph (B); and
                  (ii) if the Secretary has not obtained 
                agreements pursuant to subparagraph (B) 
                regarding the desirability of applying the 
                requirements described in subparagraph (A)(i) 
                to all vessels described in section 3(a) which 
                call at United States ports.
    (c) The Secretary may utilize by agreement, with or without 
reimbursement, personnel, facilities, or equipment of other 
Federal departments and agencies in administering the MARPOL 
Protocol, this Act, or the regulations thereunder.
    Sec. 5.\28\ (a) The Secretary shall designate those persons 
authorized to issue on behalf of the United States the 
certificates required by the MARPOL Protocol. A certificate 
required by the MARPOL Protocol shall not be issued to a ship 
which is registered in or of the nationality of a country which 
is not a party to the MARPOL Protocol.
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    \28\ 33 U.S.C. 1904.
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    (b) A certificate issued by a country which is a party to 
the MARPOL Protocol has the same validity as a certificate 
issued by the Secretary under the authority of the MARPOL 
Protocol.
    (c) A ship required by the MARPOL Protocol to have a 
certificate--
          (1) shall carry a valid certificate onboard in the 
        manner prescribed by the authority issuing the 
        certificate; and
          (2) is subject to inspection while in a port or 
        terminal under the jurisdiction of the United States.
    (d) An inspection conducted under subsection (c)(2) of this 
section is limited to verifying whether or not a valid 
certificate is onboard, unless clear grounds exist which 
reasonably indicate that the condition of the ship or its 
equipment does not substantially agree with the particulars of 
its certificate. This section shall not limit the authority of 
any official or employee of the United States under any other 
treaty, law, or regulation to board and inspect a ship or its 
equipment.
    (e) In addition to the penalties prescribed in section 9 of 
the Act, a ship required by the MARPOL Protocol to have a 
certificate--
          (1) which does not have a valid certificate onboard; 
        or
          (2) whose condition or whose equipment's condition 
        does not substantially agree with the particulars of 
        the certificate onboard;
shall be detained by order of the Secretary at the port or 
terminal where the violation is discovered until, in the 
opinion of the Secretary, the ship can proceed to sea without 
presenting an unreasonable threat of harm to the marine 
environment. The detention order may authorize the ship to 
proceed to the nearest appropriate available shipyard rather 
than remaining at the place where the violation was discovered.
    (f) If a ship is under a detention order under this 
section, the Secretary of the Treasury, upon the request of the 
Secretary, may refuse or revoke--
          (1) the clearance required by section 4197 of the 
        Revised Statutes of the United States, as amended (46 
        U.S.C. 91); or
          (2) a permit to proceed under section 4367 of the 
        Revised Statutes of the United States (46 U.S.C. 313) 
        or section 442 of the Tariff Act of 1930, as amended 
        (19 U.S.C. 1443).
    (g) A person whose ship is subject to a detention order 
under this section may petition the Secretary, in the manner 
prescribed by regulation, to review the detention order. Upon 
receipt of a petition under this subsection, the Secretary 
shall affirm, modify, or withdraw the detention order within 
the time prescribed by regulation.
    (h) A ship unreasonably detained or delayed by the 
Secretary acting under the authority of this Act is entitled to 
compensation for any loss or damage suffered thereby.
    Sec. 6.\29\ (a)(1) \30\ The Secretary, after consultation 
with the Administrator of the Environmental Protection Agency, 
shall establish regulations setting criteria for determining 
the adequacy of a port's or terminal's reception facilities for 
mixtures containing oil or noxious liquid substances \30\ and 
shall establish procedures whereby a person in charge of a port 
or terminal may request the Secretary to certify that the 
port's or terminal's facilities for receiving the residues and 
mixtures containing oil or noxious liquid substance from 
seagoing ships are adequate.
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    \29\ 33 U.S.C. 1905
    \30\ Sec. 2103 of Public Law 100-220 (101 Stat. 1461) inserted 
``(1)'' after ``(a)'' and struck out ``reception facilities of a port 
or terminal'' and inserted in lieu thereof ``a port's or terminal's 
reception facilities for mixtures containing oil or noxious liquid 
substances''.
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    (2) \31\ The Secretary, after consulting with appropriate 
Federal agencies, shall establish regulations setting criteria 
for determining the adequacy of reception facilities for 
garbage at a port or terminal, and stating such additional 
measures and requirements as are appropriate to ensure such 
adequacy. Persons in charge of ports and terminals shall 
provide reception facilities, or ensure that such facilities 
are available, for receiving garbage in accordance with those 
regulations.
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    \31\ Sec. 2103(a) of Public Law 100-220 (101 Stat. 1461) added 
para. 2.
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    (b) In determining the adequacy of reception facilities 
required by the MARPOL Protocol or the Antarctic Protocol \32\ 
at a port or terminal, and in establishing regulations under 
subsection (a) of this section,\33\ the Secretary may consider, 
among other things, the number and types of ships or \33\ 
seagoing ships using the port or terminal, including their 
principal trades.
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    \32\ Sec. 201(d)(1) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
    \33\ Sec. 2103(b) of Public Law 100-220 (101 Stat. 1462) inserted 
``and in establishing regulations under subsection (a) of this 
section,'' and inserted ``ships or''.
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    (c)(1) \34\ If reception facilities of a port or terminal 
meet the requirements of Annex I and Annex II \35\ to the 
Convention and the regulations prescribed under subsection 
(a)(1), the Secretary shall, after consultation with the 
Administrator of the Environmental Protection Agency, issue a 
certificate to that effect to the applicant.
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    \34\ Sec. 2103(c) of Public Law 100-220 (101 Stat. 1462) amended 
and restated subsec. (c), which previously read as follows:
    ``(c) If, upon inspection, reception facilities of a port or 
terminal are adequate to meet the requirements of the MARPOL Protocol 
and the regulations established hereunder, the Secretary shall, after 
consultation with the Administrator of the Environmental Protection 
Agency, issue a certificate to that effect to the applicant. A 
certificate issued under this subsection--
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  ``(1) is valid until suspended or revoked by the Secretary for cause or 
because of changed conditions; and

  ``(2) shall be available for inspection upon the request of the master, 
other person in charge, or agent of a seagoing ship using or intending to 
use the port or terminal.

``The suspension or revocation of a certificate issued under this 
subsection may be appealed to the Secretary and acted on by him in the 
manner prescribed by regulation.''.
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    \35\ Sec. 201(1) of Public Law 101-224 (103 Stat. 1910) struck out 
``Annex V'' and inserted in lieu thereof ``Annex I and Annex II''.
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    (2) \36\ (A) Subject to subparagraph (B), if reception 
facilities of a port or terminal meet the requirements of Annex 
V to the Convention and the regulations prescribed under 
subsection (a)(2), the Secretary may, after consultation with 
appropriate Federal agencies, issue a certificate to that 
effect to the person in charge of the port or terminal.
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    \36\ Sec. 801(a) of Public Law 104-324 (110 Stat. 3943) struck out 
``(2) If''; inserted in lieu thereof ``(2)(A) Subject to subparagraph 
(B), if''; and added subparas. (B) and (C).
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    (B) \36\ The Secretary may not issue a certificate 
attesting to the adequacy of reception facilities under this 
paragraph unless, prior to the issuance of the certificate, the 
Secretary conducts an inspection of the reception facilities of 
the port or terminal that is the subject of the certificate.
    (C) \36\ The Secretary may, with respect to certificates 
issued under this paragraph prior to the date of enactment of 
the Coast Guard Authorization Act of 1996, prescribe by 
regulation differing periods of validity for such certificates.
    (3) A certificate issued under this subsection--
          (A) \37\ is valid for the 5-year period beginning on 
        the date of issuance of the certificate, except that 
        if--
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    \37\ Sec. 801(a)(3) of Public Law 104-324 (110 Stat. 3944) amended 
and restated subpara. (A).
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                  (i) the charge for operation of the port or 
                terminal is transferred to a person or entity 
                other than the person or entity that is the 
                operator on the date of issuance of the 
                certificate--
                          (I) the certificate shall expire on 
                        the date that is 30 days after the date 
                        of the transfer; and
                          (II) the new operator shall be 
                        required to submit an application for a 
                        certificate before a certificate may be 
                        issued for the port or terminal; or
                  (ii) the certificate is suspended or revoked 
                by the Secretary, the certificate shall cease 
                to be valid; and
          (B) shall be available for inspection upon the 
        request of the master, other person in charge, or agent 
        of a ship using or intending to use the port or 
        terminal.
    (4) The suspension or revocation of a certificate issued 
under this subsection may be appealed to the Secretary and 
acted on by the Secretary in the manner prescribed by 
regulation.
    (d) \38\ (1) The Secretary shall maintain a list of ports 
or terminals with respect to which a certificate issued under 
this section--
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    \38\ Sec. 801(a)(4) of Public Law 104-324 (110 Stat. 3944) amended 
and restated subsec. (d).
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          (A) is in effect; or
          (B) has been revoked or suspended.
    (2) The Secretary shall make the list referred to in 
paragraph (1) available to the general public.
    (e)(1) \39\ Except in the case of force majeure, the 
Secretary shall deny entry to a seagoing ship required by the 
Convention or the Antarctic Protocol \40\ to retain onboard 
while at sea, residues and mixtures containing oil or noxious 
liquid substances, if--
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    \39\ Sec. 2103(d) of Public Law 100-220 (101 Stat. 1462) inserted 
``(1)'' after ``(e)''; redesignated paras. (1) and (2) as subparas. (A) 
and (B); struck out ``the MARPOL Protocol'' and inserted in lieu 
thereof ``Annexes I and II of the Convention''; and added a new 
subpara. (2).
    \40\ Sec. 201(d)(2) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
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          (A) \39\ the port or terminal is one required by 
        Annexes I and II of the Convention \39\ or Article 9 of 
        Annex IV to the Antarctic Protocol \41\ or regulations 
        hereunder to have adequate reception facilities; and
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    \41\ Sec. 201(d)(3) of Public Law 104-227 (110 Stat. 3043) inserted 
``or Article 9 of Annex IV to the Antarctic Protocol''.
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          (B) \39\ the port or terminal does not hold a valid 
        certificate issued by the Secretary under this section.
    (2) \39\ The Secretary may deny the entry of a ship to a 
port or terminal required by regulations issued under this 
section to provide adequate reception facilities for garbage if 
the port or terminal is not in compliance with those 
regulations.
    (f)(1) \42\ The Secretary is authorized to conduct surveys 
of existing reception facilities in the United States to 
determine measures needed to comply with MARPOL Protocol or the 
Antarctic Protocol.\43\
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    \42\ Sec. 801(b) of Public Law 104-324 (110 Stat. 3944) added para. 
designation ``(1)'' and added a new para. (2), with subpara. 
designation ``(A)'', though there is no subpara. (B).
    \43\ Sec. 201(d)(4) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
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    (2) \42\ (A) Not later than 18 months after the date of 
enactment of the Coast Guard Authorization Act of 1996, the 
Secretary shall promulgate regulations that require the 
operator of each port or terminal that is subject to any 
requirement of the MARPOL Protocol relating to reception 
facilities to post a placard in a location that can easily be 
seen by port and terminal users. The placard shall state, at a 
minimum, that a user of a reception facilities of the port or 
terminal should report to the Secretary any inadequacy of the 
reception facility.
    Sec. 7.\44\ (a) The master, person in charge, owner, 
charterer, manager, or operator of a ship involved in an 
incident shall report the incident in the manner prescribed by 
Article 8 of the Convention in accordance with regulations 
promulgated by the Secretary for that purpose.
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    \44\ 33 U.S.C. 1906. Sec. 39 of Public Law 102-241 (105 Stat. 2225) 
amended and restated sec. 7.
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    (b) The master or person in charge of--
          (1) a ship of United States registry or nationality, 
        or operated under the authority of the United States, 
        wherever located;
          (2) another ship while in the navigable waters of the 
        United States; or
          (3) a sea port or oil handling facility subject to 
        the jurisdiction of the United States, shall report a 
        discharge, probable discharge, or presence of oil in 
        the manner prescribed by Article 4 of the International 
        Convention on Oil Pollution Preparedness, Response and 
        Cooperation, 1990 (adopted at London, November 30, 
        1990), in accordance with regulations promulgated by 
        the Secretary for that purpose.
    Sec. 8.\45\ (a) It is unlawful to act in violation of the 
MARPOL Protocol, Annex IV to the Antarctic Protocol,\46\ this 
Act, or the regulations issued thereunder. The Secretary shall 
cooperate with other parties to the MARPOL Protocol or to the 
Antarctic Protocol \47\ in the detection of violations and in 
enforcement of the MARPOL Protocol and Annex IV to the 
Antarctic Protocol.\48\ The Secretary shall use all appropriate 
and practical measures of detection and environmental 
monitoring, and shall establish adequate procedures for 
reporting violations and accumulating evidence.
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    \45\ 33 U.S.C. 1907.
    \46\ Sec. 201(e)(1) of Public Law 104-227 (110 Stat. 3043) inserted 
``Annex IV to the Antarctic Protocol,''.
    \47\ Sec. 201(e)(2)(A) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or to the Antarctic Protocol''.
    \48\ Sec. 201(e)(2)(B) of Public Law 104-227 (110 Stat. 3043) 
inserted ``and Annex IV to the Antarctic Protocol''.
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    (b) Upon receipt of evidence that a violation has occurred, 
the Secretary shall cause the matter to be investigated. In any 
investigation under this section the Secretary may issue 
subpenas to require the attendance of any witness and the 
production of documents and other evidence. In case of refusal 
to obey a subpena issued to any person, the Secretary may 
request the Attorney General to invoke the aid of the 
appropriate district court of the United States to compel 
compliance. Upon completion of the investigation, the Secretary 
shall take the action required by the MARPOL Protocol or the 
Antarctic Protocol \49\ and whatever further action he 
considers appropriate under the circumstances. If the initial 
evidence was provided by a party to the MARPOL Protocol or the 
Antarctic Protocol,\49\ the Secretary, acting through the 
Secretary of State, shall inform that party of the action taken 
or proposed.
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    \49\ Sec. 201(e)(3) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
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    (c)(1) \50\ This subsection applies to inspection relating 
to possible violations of Annex I or Annex II to the 
Convention, of Article 3 or Article 4 of Annex IV to the 
Antarctic Protocol,\51\ or of this Act \52\ by any seagoing 
ship referred to in section 3(a)(2) of this Act.
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    \50\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) amended 
subsec. (c) by adding a new para. (1); redesignating the former first 
paragraph of subsec. (c) as para. (2), and redesignating the former 
paras. (1) and (2) as (A) and (B), respectively.
    \51\ Sec. 201(e)(4) of Public Law 104-227 (110 Stat. 3043) inserted 
``, of Article 3 or Article 4 of Annex IV to the Antarctic Protocol,''.
    \52\ Sec. 201(2) of Public Law 101-225 (103 Stat. 1910) inserted 
``or of this Act''.
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    (2) \50\ While at a port or terminal subject to the 
jurisdiction of the United States, a ship to which the MARPOL 
Protocol or the Antarctic Protocol \53\ applies may be 
inspected by the Secretary--
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    \53\ Sec. 201(e)(5) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol'' after ``which the MARPOL Protocol''.
---------------------------------------------------------------------------
          (A) \50\ to verify whether or not the ship has 
        discharged a harmful substance in violation of the 
        MARPOL Protocol, Annex IV to the Antarctic 
        Protocol,\54\ or this Act; or
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    \54\ Sec. 201(e)(6) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Annex IV to the Antarctic Protocol,''.
---------------------------------------------------------------------------
          (B) \50\ to comply with a request from a party to the 
        MARPOL Protocol or the Antarctic Protocol \55\ for an 
        investigation as to whether the ship may have 
        discharged a harmful substance anywhere in violation of 
        the MARPOL Protocol or Annex IV to the Antarctic 
        Protocol.\56\ An investigation may be undertaken under 
        this clause only when the requesting party has 
        furnished sufficient evidence to allow the Secretary 
        reasonably to believe that a discharge has occurred.
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    \55\ Sec. 201(e)(7)(A) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or the Antarctic Protocol''.
    \56\ Sec. 201(e)(7)(B) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or Annex IV to the Antarctic Protocol''.
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If an inspection under this subsection indicates that a 
violation has occurred, the investigating officer shall forward 
a report to the Secretary for appropriate action. The \57\ 
Secretary shall undertake to notify the master of the ship 
concerned and, acting in coordination with the Secretary of 
State, shall take any additional action required by Article 6 
of the Convention.
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    \57\ Sec. 2104(a) of Public Law 100-220 (101 Stat. 1462) struck out 
``If a report made under this subsection involves a ship, other than 
one of United States registry or nationality or one operated under the 
authority of the United States, the'' and inserted in lieu thereof 
``The''.
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    (d)(1) \58\ The Secretary may inspect a ship referred to in 
section 3(a)(3) of this Act to verify whether the ship has 
disposed of garbage in violation of Annex V to the Convention, 
Article 5 of Annex IV to the Antarctic Protocol,\59\ or this 
Act.
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    \58\ Sec. 2104(b) of Public Law 100-220 (101 Stat. 1463) 
redesignated former subsec. ``(d)'' as subsec. ``(f)'' and added new 
subsecs. ``(d)'' and ``(e)''.
    \59\ Sec. 201(e)(8) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Article 5 of Annex IV to the Antarctic Protocol,''.
---------------------------------------------------------------------------
    (2) If an inspection under this subsection indicates that a 
violation has occurred, the Secretary may undertake enforcement 
action under section 9 of this Act.
    (e)(1) \58\ The Secretary may inspect at any time a ship of 
United States registry or nationality or operating under the 
authority of the United States to which the MARPOL Protocol or 
the Antarctic Protocol \60\ applies to verify whether the ship 
has discharged a harmful substance or disposed of garbage in 
violation of those Protocols \61\ or this Act.
---------------------------------------------------------------------------
    \60\ Sec. 201(e)(9)(A) of Public Law 104-227 (110 Stat. 3043) 
inserted ``or the Antarctic Protocol''.
    \61\ Sec. 201(e)(9)(B) of Public Law 104-227 (110 Stat. 3043) 
struck out ``that Protocol'' and inserted in lieu thereof ``those 
Protocols''.
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    (2) If an inspection under this subsection indicates that a 
violation of the MARPOL Protocol, of Annex IV to the Antarctic 
Protocol,\62\ or of this Act \63\ has occurred, the Secretary 
may undertake enforcement action under section 9 of this Act.
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    \62\ Sec. 201(e)(10) of Public Law 104-227 (110 Stat. 3043) 
inserted ``, of Annex IV to the Antarctic Protocol,''.
    \63\ Sec. 201(3) of Public Law 101-225 (103 Stat. 1910) inserted 
``or of this Act''.
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    (f) \58\ Remedies and requirements of this Act supplement 
and neither amend nor repeal any other provisions of law, 
except as expressly provided in this Act. Nothing in this Act 
shall limit, deny, amend, modify, or repeal any other remedy 
available to the United States or any other person, except as 
expressly provided in this Act.
    Sec. 9.\64\ (a) A person who knowingly violates the MARPOL 
Protocol,, Annex IV to the Antarctic Protocol,\65\ this Act, or 
the regulations issued thereunder commits a class D felony.\66\ 
In the discretion of the Court, an amount equal to not more 
than \1/2\ of such fine may be paid to the person giving 
information leading to conviction.\67\
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    \64\ 33 U.S.C. 1908.
    \65\ Sec. 201(f) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Annex IV to the Antarctic Protocol,'' (resulting in a double 
comma).
    \66\ Sec. 4302(n) of the Oil Pollution Act of 1990 (Public Law 101-
380; 104 Stat. 539) struck out ``shall, for each violation, be fined 
not more than $50,000 or be imprisoned for not more than 5 years, or 
both.'' and inserted in lieu thereof ``commits a class D felony.''.
    \67\ Sec. 2105(a)(1) of Public Law 100-220 (101 Stat. 1463) added 
this sentence.
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    (b) A person who is found by the Secretary, after notice 
and an opportunity for a hearing, to have--
          (1) violated the MARPOL Protocol,, Annex IV to the 
        Antarctic Protocol,\65\ this Act, or the regulations 
        issued thereunder shall be liable to the United States 
        for a civil penalty, not to exceed $25,000 for each 
        violation; or
          (2) make a false, fictitious, or fraudulent statement 
        or representation in any matter in which a statement or 
        representation is required to be made to the Secretary 
        under the MARPOL Protocol,, Annex IV to the Antarctic 
        Protocol,\65\ this Act, or the regulations thereunder, 
        shall be liable to the United States for a civil 
        penalty, not to exceed $5,000 for each statement or 
        representation.
Each day of a continuing violation shall constitute a separate 
violation. The amount of the civil penalty shall be assessed by 
the Secretary, or his designee, by written notice. In 
determining the amount of the penalty, the Secretary shall take 
into account the nature, circumstances, extent, and gravity of 
the prohibited acts committed and, with respect to the 
violator, the degree of culpability, any history of prior 
offenses, ability to pay, and other matters as justice may 
require. An amount equal to not more than \1/2\ of such 
penalties may be paid by the Secretary to the person giving 
information leading to the assessment of such penalties.\68\
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    \68\ Sec. 2105(a)(2) of Public Law 100-220 (101 Stat. 1463) added 
this sentence.
---------------------------------------------------------------------------
    (c) The Secretary may compromise, modify, or remit, with or 
without conditions, any civil penalty which is subject to 
assessment or which has been assessed under this section. If 
any person fails to pay an assessment of a civil penalty after 
it has become final, the Secretary may refer the matter to the 
Attorney General of the United States for collection in any 
appropriate district court of the United States.
    (d) A ship operated in violation of the MARPOL Protocol,, 
Annex IV to the Antarctic Protocol,\65\ this Act, or the 
regulations thereunder is liable in rem for any fine imposed 
under subsection (a) or civil penalty assessed pursuant to 
subsection (b), and may be proceeded against in the United 
States district court of any district in which the ship may be 
found.
    (e) If any ship subject to the MARPOL Protocol, Annex IV to 
the Antarctic Protocol,\69\ or this Act, its owner, operator, 
or person in charge is liable for a fine or civil penalty under 
this section, or if reasonable cause exists to believe that the 
ship, its owner, operator, or person in charge may be subject 
to a fine or civil penalty under this section, the Secretary of 
the Treasury, upon the request of the Secretary, shall refuse 
or revoke--
---------------------------------------------------------------------------
    \69\ Sec. 201(f)(5) of Public Law 104-227 (110 Stat. 3043) inserted 
``, Annex IV to the Antarctic Protocol,'' after ``MARPOL Protocol''.
---------------------------------------------------------------------------
          (1) the clearance required by section 4197 of the 
        Revised Statutes of the United States as amended (46 
        U.S.C. 91); or
          (2) a permit to proceed under section 4367 of the 
        Revised Statutes of the United States (46 U.S.C. 313) 
        or section 443 of the Tariff Act 1930, as amended (19 
        U.S.C. 1443).
Clearance or a permit to proceed may be granted upon the filing 
of a bond or other surety satisfactory to the Secretary.
    (f) Notwithstanding subsection (a), (b), or (d) of this 
section, if the violation is by a ship registered in or of the 
nationality of a country party to the MARPOL Protocol or the 
Antarctic Protocol,\70\ or one operated under the authority of 
a country party to the MARPOL Protocol or the Antarctic 
Protocol,\70\ the Secretary, acting in coordination with the 
Secretary of State, may refer the matter to the government of 
the country of the ships of the ship's registry or nationality, 
or under whose authority the ship is operating \71\ for 
appropriate action, rather than taking the actions required or 
authorized by this section.
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    \70\ Sec. 201(f)(6) of Public Law 104-227 (110 Stat. 3043) inserted 
``or the Antarctic Protocol''.
    \71\ Sec. 2105(b) of Public Law 100-220 (101 Stat. 1463) struck out 
``to that country'' and inserted in lieu thereof ``to the government of 
the country of the ships of the ship's registry or nationality, or 
under whose authority the ship is operating''.
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    Sec. 10.\72\ (a) A proposed amendment to the MARPOL 
Protocol received by the United States from the Secretary-
General of the International Maritime Organization \73\ 
pursuant to Article VI of the MARPOL Protocol, may be accepted 
on behalf of the United States by the President following the 
advice and consent of the Senate, except as provided for in 
subsection (b) of this section.
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    \72\ 33 U.S.C. 1909.
    \73\ Sec. 2106 of Public Law 100-220 (101 Stat. 1463) struck out 
``Inter-Governmental Maritime Consultative Organization'' and inserted 
in lieu thereof ``International Maritime Organization''.
---------------------------------------------------------------------------
    (b) A proposed amendment to Annex I, II, or V to the 
Convention, appendices to those Annexes, or Protocol I of the 
Convention,\74\ received by the United States from the 
Secretary-General of the International Maritime Organization 
\73\ pursuant to Article VI of the MARPOL Protocol, may be the 
subject of appropriate action on behalf of the United States by 
the Secretary of State following consultation with the 
Secretary, who shall inform the Secretary of State as to what 
action he considers appropriate at least 30 days prior to the 
expiration of the period specified in Article VI of the MARPOL 
Protocol during which objection may be made to any amendment 
received.
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    \74\ Sec. 2106(2) of Public Law 100-220 (101 Stat. 1463) struck out 
``Annex I or II, appendices to the Annexes, or Protocol I of the MARPOL 
Protocol,'' and inserted in lieu thereof ``Annex I, II, or V to the 
Convention, appendices to those Annexes, or Protocol I of the 
Convention,''.
---------------------------------------------------------------------------
    (c) Following consultation with the Secretary, the 
Secretary of State may make a declaration that the United 
States does not accept an amendment proposed pursuant to 
Article VI of the MARPOL Protocol.
    Sec. 11.\75\ (a) Except as provided in subsection (b) of 
this section, any person having an interest which is, or can 
be, adversely affected, may bring an action on his own behalf--
---------------------------------------------------------------------------
    \75\ 33 U.S.C. 1910.
---------------------------------------------------------------------------
          (1) against any person alleged to be in violation of 
        the provisions of this Act, or regulations issued 
        hereunder;
          (2) against the Secretary where there is alleged a 
        failure of the Secretary to perform any act or duty 
        under this Act which is not discretionary with the 
        Secretary;
          (3) against the Secretary of the Treasury where there 
        is alleged a failure of the Secretary of the Treasury 
        to take action under section 9(e) of this Act.
    (b) No action may be commenced under subsection (a) of this 
section--
          (1) prior to 60 days after the plaintiff has given 
        notice, in writing and under oath, to the alleged 
        violator, the Secretary concerned, and the Attorney 
        General; or
          (2) if the Secretary has commenced enforcement or 
        penalty action with respect to the alleged violation 
        and is conducting such procedures diligently.
    (c) Any suit brought under this section shall be brought--
          (1) in a case concerning an onshore facility or port, 
        in the United States district court for the judicial 
        district where the onshore facility or port is located;
          (2) in a case concerning an offshore facility or 
        offshore structure under the jurisdiction of the United 
        States, in the United States district court for the 
        judicial district nearest the offshore facility or 
        offshore structure;
          (3) in a case concerning a ship, in the United States 
        district court for any judicial district wherein the 
        ship or its owner or operator may be found; or
          (4) in any case, in the District Court for the 
        District of Columbia.
    (d) The court, in issuing any final order in any action 
brought pursuant to this section, may award costs of litigation 
(including reasonable attorney and expert witness fees) to any 
party including the Federal Government.
    (e) In any action brought under this section, if the 
Secretary or Attorney General are not parties of record, the 
United States, through the Attorney General, shall have the 
right to intervene.
    Sec. 12. On the effective date of this Act--
          (a) the Oil Pollution Act, 1961, as amended (75 Stat. 
        402; 33 U.S.C. 1001 et seq.) is repealed. Any criminal 
        or civil penalty proceeding under that Act for a 
        violation which occurred prior to the effective date of 
        this Act may be initiated or continued to conclusion as 
        though that Act had not been repealed; and
          (b) the Oil Pollution Act Amendments of 1973 (87 
        Stat. 428, Public Law 93-119) are repealed.
    Sec. 13.\76\ * * *
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    \76\ Sec. 13 amended sec. 4417a of the Revised Statutes of the 
United States (46 U.S.C. 391a), and sec. 311(b)(3) of the Federal Water 
Pollution Control Act.
---------------------------------------------------------------------------
    Sec. 14.\77\ (a) Except as provided in subsection (b) of 
this section, this Act is effective upon the date of enactment, 
or on the date the MARPOL Protocol becomes effective as to the 
United States, whichever is later.\78\
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    \77\ 33 U.S.C. 1901 note.
    \78\ This Act became effective, except as provided in Sec. 14(b), 
on October 2, 1983, at which time the MARPOL Protocol became effective 
as to the United States.
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    (b) The Secretary and the heads of Federal departments 
shall have the authority to issue regulations, standards, and 
certifications under sections 3(c), 3(d), 4(b), 5(a), 6(a), 
6(c), and 6(f) effective on the date of enactment of this Act. 
Section 13(a)(2) is effective upon the date of enactment of 
this Act.
    (c) Any rights or liabilities existing on the effective 
date of this Act shall not be affected by this enactment. Any 
regulations or procedures promulgated or effected pursuant to 
the Oil Pollution Act, 1961, as amended, remain in effect until 
modified or superseded by regulations promulgated under the 
authority of the MARPOL Protocol or this Act.
    Sec. 15.\79\ Nothing in this Act shall be construed as 
limiting, diminishing, or otherwise restricting any of the 
authority of the Secretary under the Port and Tanker Safety Act 
of 1978 (Public Law 95-474).
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    \79\ 33 U.S.C. 1911.
---------------------------------------------------------------------------
    Sec. 16.\80\ * * *
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    \80\ Sec. 16 amended sec. 4 of the Act of 1950 (16 U.S.C. 742c(c)).
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    Sec. 17.\81\ Any action taken under this Act shall be taken 
in accordance with international law.
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    \81\ 33 U.S.C. 1912. Sec. 2108 of Public Law 100-220 (101 Stat. 
1464) added sec. 17.
                     c. Deepwater Port Act of 1974

Partial text of Public Law 93-627 [H.R. 10701], 88 Stat. 2126, approved 
 January 3, 1975; as amended by Public Law 98-419 [Deepwater Port Act 
  Amendments of 1984; S. 1546], 98 Stat. 1607, approved September 25, 
1984; Public Law 104-66 [Federal Reports Elimination and Sunset Act of 
 1995; S. 790], 109 Stat. 707, approved December 21, 1995; Public Law 
 104-324 [Deepwater Port Modernization Act; S. 1004], 110 Stat. 3901, 
approved October 19, 1996; Public Law 107-295 [Maritime Transportation 
 Security Act of 2002; S. 1214], 116 Stat. 2064, approved November 25, 
 2002; and Public Law 109-58 [Energy Policy Act of 2005; H.R. 6], 119 
                   Stat. 544, approved August 8, 2005

AN ACT To regulate commerce, promote efficiency in transportation, and 
 protect the environment, by establishing procedures for the location, 
  construction, and operation of deepwater ports off the coast of the 
                 United States, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Deepwater Port Act of 1974''.

                         declaration of policy

    Sec. 2.\1\ (a) It is declared to be the purposes of the 
Congress in this Act to--
---------------------------------------------------------------------------
    \1\ 33 U.S.C. 1501.
---------------------------------------------------------------------------
          (1) authorize and regulate the location, ownership, 
        construction, and operation of deepwater ports in 
        waters beyond the territorial limits of the United 
        States;
          (2) provide for the protection of the marine and 
        coastal environment to prevent or minimize any adverse 
        impact which might occur as a consequence of the 
        development of such ports;
          (3) protect the interests of the United States and 
        those of adjacent coastal States in the location, 
        construction, and operation of deepwater ports; \2\
---------------------------------------------------------------------------
    \2\ Sec. 502(b) of the Deepwater Port Modernization Act (title V of 
Public Law 104-324; 110 Stat. 3925) struck out ``and'' at the end of 
para. (3); replaced the period at the end of para. (4) with a 
semicolon; and added new paras. (5) and (6).
---------------------------------------------------------------------------
          (4) protect the rights and responsibilities of States 
        and communities to regulate growth, determine land use, 
        and otherwise protect the environment in accordance 
        with law; \2\
          (5) \2\ promote the construction and operation of 
        deepwater ports as a safe and effective means of 
        importing oil or natural gas \3\ into the United States 
        and transporting oil or natural gas \3\ from the outer 
        continental shelf while minimizing tanker traffic and 
        the risks attendant thereto; and
---------------------------------------------------------------------------
    \3\ Sec. 106(a)(1) of Public Law 107-295 (116 Stat. 2086) inserted 
``or natural gas''.
---------------------------------------------------------------------------
          (6) \2\ promote oil or natural gas \3\ production on 
        the outer continental shelf by affording an economic 
        and safe means of transportation of outer continental 
        shelf oil or natural gas \3\ to the United States 
        mainland.
    (b) The Congress declares that nothing in this Act shall be 
construed to affect the legal status of the high seas, the 
superjacent airspace, or the seabed and subsoil, including the 
Continental Shelf.

                              definitions

    Sec. 3.\4\ As used in this Act, unless the context 
otherwise requires, the term--
---------------------------------------------------------------------------
    \4\ 33 U.S.C. 1502.
---------------------------------------------------------------------------
          (1) ``adjacent coastal State'' means any coastal 
        State which (A) would be directly connected by pipeline 
        to a deepwater port, as proposed in an application; (B) 
        would be located within 15 miles of any such proposed 
        deepwater port; or (C) is designated by the Secretary 
        in accordance with section 9(a)(2) of this Act;
          (2) ``affiliate'' means any entity owned or 
        controlled by, any person who owns or controls, or any 
        entity which is under common ownership or control with 
        an applicant, licensee, or any person required to be 
        disclosed pursuant to section 5(c)(2) (A) or (B);
          (3) \5\ ``application'' means an application 
        submitted under this Act for a license for the 
        ownership, construction, and operation of a deepwater 
        port;
---------------------------------------------------------------------------
    \5\ Sec. 2(a) of Public Law 98-419 (98 Stat. 1607) amended and 
restated para. (3), originally enacted as para. (4). Sec. 503(a) of the 
Deepwater Port Modernization Act (title V of Public Law 104-324; 110 
Stat. 3926) struck out para. (3) and redesignated remaining paras. as 
(3) through (18). Former para. (3) read as follows:
    ``(3) `antitrust laws' includes the Act of July 2, 1890, as 
amended, the Act of October 15, 1914, as amended, the Federal Trade 
Commission Act (15 U.S.C. 41 et seq.), and sections 73 and 74 of the 
Act of August 27, 1894, as amended;''.
---------------------------------------------------------------------------
          (4) \5\ ``citizen of the United States'' means any 
        person who is a United States citizen by law, birth, or 
        naturalization, any State, any agency of a State or a 
        group of States, or any corporation, partnership, or 
        association organized under the laws of any State which 
        has as its president or other executive officer and as 
        its chairman of the board of directors, or holder of a 
        similar office, a person who is a United States citizen 
        by law, birth or naturalization and which has no more 
        of its directors who are not United States citizens by 
        law, birth or naturalization than constitute a minority 
        of the number required for a quorum necessary to 
        conduct the business of the board;
          (5) \5\ ``coastal environment'' means the navigable 
        waters (including the lands therein and thereunder and 
        the adjacent shorelines including waters therein and 
        thereunder). The term includes transitional and 
        intertidal areas, bays, lagoons, salt marshes, 
        estuaries, and beaches; the fish, wildfish and other 
        living resources thereof; and the recreational and 
        scenic values of such lands, waters and resources;
          (6) \5\ ``coastal State'' means any State of the 
        United States in or bordering on the Atlantic, Pacific, 
        or Arctic Oceans, or the Gulf of Mexico;
          (7) \5\ ``construction'' means the supervising, 
        inspection, actual building, and all other activities 
        incidental to the building, repairing, or expanding of 
        a deepwater port or any of its components, including, 
        but not limited to, pile driving and bulkheading, and 
        alterations, modifications, or additions to the 
        deepwater port;
          (8) \5\ ``control'' means the power, directly or 
        indirectly, to determine the policy, business 
        practices, or decisionmaking process of another person, 
        whether by stock or other ownership interest, by 
        representation on a board of directors or similar body, 
        by contract or other agreement with stockholders or 
        others, or otherwise;
          (9) \5\, \6\ ``deepwater port''--
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    \6\ Sec. 106(b) of Public Law 107-295 (116 Stat. 2086) amended and 
restated para. (9); redesignated paras. (13) through (18) as paras. 
(14) through (19); and added a new para. (13).
    Previously, sec. 503(b) of the Deepwater Port Modernization Act 
(title V of Public Law 104-324; 110 Stat. 3926) amended para. (9).
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                  (A) means any fixed or floating manmade 
                structure other than a vessel, or any group of 
                such structures, that are located beyond State 
                seaward boundaries and that are used or 
                intended for use as a port or terminal for the 
                transportation, storage, or further handling of 
                oil or natural gas for transportation to any 
                State, except as otherwise provided in section 
                23, and for other uses not inconsistent with 
                the purposes of this Act, including 
                transportation of oil or natural gas from the 
                United States outer continental shelf;
                  (B) includes all components and equipment, 
                including pipelines, pumping stations, service 
                platforms, buoys, mooring lines, and similar 
                facilities to the extent they are located 
                seaward of the high water mark;
                  (C) in the case of a structure used or 
                intended for such use with respect to natural 
                gas, includes all components and equipment, 
                including pipelines, pumping or compressor 
                stations, service platforms, buoys, mooring 
                lines, and similar facilities that are proposed 
                or approved for construction and operation as 
                part of a deepwater port, to the extent that 
                they are located seaward of the high water mark 
                and do not include interconnecting facilities; 
                and
                  (D) shall be considered a `new source' for 
                purposes of the Clean Air Act (42 U.S.C. 7401 
                et seq.), and the Federal Water Pollution 
                Control Act (33 U.S.C. 1251 et seq.);
          (10) \5\ ``Governor'' means the Governor of a State 
        or the person designated by State law to exercise the 
        powers granted to the Governor pursuant to this Act;
          (11) \5\ ``licensee'' means a citizen of the United 
        States holding a valid license for the ownership, 
        construction, and operation of a deepwater port that 
        was issued, transferred, or renewed pursuant to this 
        Act;
          (12) \5\ ``marine environment'' includes the coastal 
        environment, waters of the contiguous zone, and waters 
        of the high seas; the fish, wildlife, and other living 
        resources of such waters; and the recreational and 
        scenic values of such waters and resources;
          (13) \6\ ``natural gas'' means either natural gas 
        unmixed, or any mixture of natural or artificial gas, 
        including compressed or liquefied natural gas, natural 
        gas liquids, liquified petroleum gas and condensate 
        recovered from natural gas; \7\
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    \7\ Sec. 321(b) of Public Law 109-58 (119 Stat. 694) inserted ``, 
natural gas liquids, liquified petroleum gas and condensate recovered 
from natural gas''.
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          (14) \5\, \6\ ``oil'' means petroleum, 
        crude oil, and any substance refined from petroleum or 
        crude oil;
          (15) \5\, \6\ ``person'' includes an 
        individual, a public or private corporation, a 
        partnership or other association, or a government 
        entity;
          (16) \5\, \6\ ``safety zone'' means the 
        safety zone established around a deepwater port as 
        determined by the Secretary in accordance with section 
        10(d) of this Act;
          (17) \5\, \6\ ``Secretary'' means the 
        Secretary of Transportation;
          (18) \5\, \6\ ``State'' includes each of 
        the States of the United States, the District of 
        Columbia, the Commonwealth of Puerto Rico, and the 
        Territories and possessions of the United States; and
          (19) \5\, \6\ ``vessel'' means every 
        description of watercraft or other artificial 
        contrivance used as a means of transportation on or 
        through the water.
          * * * * * * *

        marine environmental protection and navigational safety

    Sec. 10.\8\ (a) Subject to recognized principles of 
international law and the provision of adequate opportunities 
for public involvement,\9\ the Secretary shall prescribe and 
enforce procedures, either by regulation (for basic standards 
and conditions) or by the licensee's operations manual, with 
respect to \10\ rules governing vessel movement, loading and 
unloading procedures, designation and marking of anchorage 
areas, maintenance, law enforcement, and the equipment, 
training, and maintenance required (A) to prevent pollution of 
the marine environment, (B) to clean up any pollutants which 
may be discharged, and (C) to otherwise prevent or minimize any 
adverse impact from the construction and operation of such 
deepwater port.
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    \8\ 33 U.S.C. 1509.
    \9\ Sec. 508(1) of the Deepwater Port Modernization Act (title V of 
Public Law 104-324; 110 Stat. 3927) inserted ``and the provision of 
adequate opportunities for public involvement''.
    \10\ Sec. 508(2) of the Deepwater Port Modernization Act (title V 
of Public Law 104-324; 110 Stat. 3927) struck out ``shall prescribe by 
regulation and enforce procedures with respect to any deepwater port, 
including, but not limited to,'' and inserted in lieu thereof ``shall 
prescribe and enforce procedures, either by regulation (for basic 
standards and conditions) or by the licensee's operations manual, with 
respect to''.
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    (b) The Secretary shall issue and enforce regulations with 
respect to lights and other warning devices, safety equipment, 
and other matters relating to the promotion of safety of life 
and property in any deepwater port and the waters adjacent 
thereto.
    (c) The Secretary shall mark, for the protection of 
navigation, any component of a deepwater port whenever the 
licensee fails to mark such component in accordance with the 
applicable regulations. The licensee shall pay the cost of such 
marking.
    (d)(1) Subject to recognized principles of international 
law and after consultation with the Secretary of the Interior, 
the Secretary of Commerce, the Secretary of State, and the 
Secretary of Defense, the Secretary shall designate a zone of 
appropriate size around and including any deepwater port for 
the purpose of navigational safety. In such zone, no 
installations, structures, or uses will be permitted that are 
incompatible with the operation of the deepwater port. The 
Secretary shall by regulation define permitted activities 
within such zone. The Secretary shall, not later than 30 days 
after publication of notice pursuant to section 5(c) of this 
Act, designate such safety zone with respect to any proposed 
deepwater port.
    (2) In addition to any other regulations, the Secretary is 
authorized, in accordance with this subsection, to establish a 
safety zone to be effective during the period of construction 
of a deepwater port and to issue rules and regulations relating 
thereto.

                        international agreements

    Sec. 11.\11\ The Secretary of State, in consultation with 
the Secretary, shall seek effective international action and 
cooperation in support of the policy and purposes of this Act 
and may formulate, present, or support specific proposals in 
the United Nations and other competent international 
organizations for the development of appropriate international 
rules and regulations relative to the construction, ownership, 
and operation of deepwater ports, with particular regard for 
measures that assure protection of such facilities as well as 
the promotion of navigational safety in the vicinity thereof.
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    \11\ 33 U.S.C. 1510.
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          * * * * * * *

                       relationship to other laws

    Sec. 19.\12\ (a)(1) The Constitution, laws, and treaties of 
the United States shall apply to a deepwater port licensed 
under this Act and to activities connected, associated, or 
potentially interfering with the use or operation of any such 
port, in the same manner as if such port were an area of 
exclusive Federal jurisdiction located within a State. Nothing 
in this Act shall be construed to relieve, exempt, or immunize 
any person from any other requirement imposed by Federal law, 
regulation, or treaty. Deepwater ports licensed under this Act 
do not possess the status of islands and have no territorial 
seas of their own.
---------------------------------------------------------------------------
    \12\ 33 U.S.C. 1518.
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    (2) Except as otherwise provided by this Act, nothing in 
this Act shall in any way alter the responsibilities and 
authorities of a State or the United States within the 
territorial seas of the United States.
    (3) \13\ The Secretary of State shall notify the government 
of each foreign state having vessels registered under its 
authority or flying its flag which may call at or otherwise 
utilize a deepwater port but which do not currently have an 
agreement in effect as provided in subsection (c)(2)(A)(i) of 
this section that the United States intends to exercise 
jurisdiction over vessels calling at or otherwise utilizing a 
deepwater port and the persons on board such vessels. The 
Secretary of State shall notify the government of each such 
state that, absent its objection, its vessels will be subject 
to the jurisdiction of the United States whenever they--
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    \13\ Sec. 5(a) of Public Law 98-419 (98 Stat. 1609) added para. 
(3), and sec. 5(c) of that Act provided, in part, that ``[T]he 
Secretary of State shall make the first series of notification referred 
to in section 19(a)(3) of the Deepwater Port Act of 1974, as added by 
subsection (a) of this section, prior to the thirtieth day following 
the date of enactment of this Act'' [enacted September 25, 1984].
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          (A) are calling at or otherwise utilizing a deepwater 
        port; and
          (B) are within the safety zone of such a deepwater 
        port and are engaged in activities connected, 
        associated, or potentially interfering with the use and 
        operation of the deepwater port.
The Secretary of State shall promptly inform licensees of 
deepwater ports of all objections received from government of 
foreign states in response to notifications made under this 
paragraph.
    (b) The law of the nearest adjacent coastal State, now in 
effect or hereafter adopted, amended, or repealed, is declared 
to be the law of the United States, and shall apply to any 
deepwater port licensed pursuant to this Act, to the extent 
applicable and not inconsistent with any provision or 
regulation under this Act or other Federal laws and regulations 
now in effect or hereafter adopted, amended, or repealed. All 
such applicable laws shall be administered and enforced by the 
appropriate officers and courts of the United States. For 
purposes of this subsection, the nearest adjacent coastal State 
shall be that State whose seaward boundaries, if extended 
beyond 3 miles, would encompass the site of the deepwater port.
    (c) \14\ (1) The jurisdiction of the United States shall 
apply to vessels of the United States and persons on board such 
vessels. The jurisdiction of the United States shall also apply 
to vessels, and person on board such vessels, registered in or 
flying the flags of foreign states, whenever such vessels are--
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    \14\ Sec. 5(b) of Public Law 98-419 (98 Stat. 1609) amended and 
restated subsec. (c), effective ninety days after the enactment of that 
Act (enacted September 25, 1984). Subsec. (c) formerly read as follows:
    ``(c) Except in a situation involving force majeure, a license of a 
deepwater port shall not permit a vessel, registered in or flying the 
flag of a foreign state, to call at, or otherwise utilize a deepwater 
port licensed under this Act unless (1) the foreign state involved, by 
specific agreement with the United States, has agreed to recognize the 
jurisdiction of the United States over the vessel and its personnel, in 
accordance with the provisions of this Act, while the vessel is located 
within the safety zone, and (2) the vessel owner or operator has 
designated an agent in the United States for receipt of service of 
process in the event of any claim or legal proceeding resulting from 
activities of the vessel or its personnel while located within such a 
safety zone.''.
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          (A) calling at or otherwise utilizing a deepwater 
        port; and
          (B) are within the safety zone of such a deepwater 
        port, and are engaged in activities connected, 
        associated, or potentially interfering with the use and 
        operations of the deepwater port.
The jurisdiction of the United States under this paragraph 
shall not, however, apply to vessels registered in or flying 
the flag of any foreign state that has objected to the 
application of such jurisdiction.
    (2) Except in a situation involving force majeure, a 
licensee shall not permit a vessel registered in or flying the 
flag of a foreign state to call at or otherwise utilize a 
deepwater port licensed under this Act unless--
          (A)(i) the foreign state involved, by specific 
        agreement with the United States, has agreed to 
        recognize the jurisdiction of the United States over 
        the vessels registered in or flying the flag of that 
        state and persons on board such vessels in accordance 
        with the provisions of paragraph (1) of this 
        subsection, while the vessel is located within the 
        safety zone, or
          (ii) the foreign states has not objected to the 
        application of the jurisdiction of the United States to 
        any vessel, or persons on board such vessel, while the 
        vessel is located within the safety zone; and
          (B) the vessel owner or operator has designated an 
        agent in the United States for receipt of service of 
        process in the event of any claim or legal proceeding 
        resulting from activities of the vessel or its 
        personnel while located within such a safety zone.
    (3) For purposes of paragraph (2)(A)(ii) of this 
subsection, a licensee shall not be obliged to prohibit a call 
at or use of a deepwater port by a vessel registered in or 
flying the flag of an objecting state unless the licensee has 
been informed by the Secretary of State as required by 
subsection (a)(3) of this section.
    (d) The customs laws administered by the Secretary of the 
Treasury shall not apply to any deepwater port licensed under 
this Act, but all foreign articles to be used in the 
construction of any such deepwater port, including any 
component thereof, shall first be made subject to all 
applicable duties and taxes which would be imposed upon or by 
reason of their importation if they were imported for 
consumption in the United States. Duties and taxes shall be 
paid thereon in accordance this laws applicable to merchandise 
imported into the customs territory of the United States.
    (e) The United States district courts shall have original 
jurisdiction of cases and controversies arising out of or in 
connection with the construction and operation of deepwater 
ports, and proceedings with respect to any such case or 
controversy may be instituted in the judicial district in which 
any defendant resides or may be found, or in the judicial 
district of the adjacent coastal State nearest the place where 
the cause of action arose.
    (f) Section 4(a)(2) of the Act of August 7, 1953 (67 Stat. 
462) is amended by deleting the words ``as of the effective 
date of this Act'' in the first sentence thereof and inserting 
in lieu thereof the words ``, now in effect or hereafter 
adopted, amended, or repealed''.
    Sec. 20.\15\ * * * [Repealed--1995]
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    \15\ Formerly at 33 U.S.C. 1519. Sec. 1121(a) of the Federal 
Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 109 
Stat. 707) repealed sec. 20, which had required that the Secretary of 
Commerce report to Congress annually on the administration of various 
deepwater port activities.
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          * * * * * * *

                  negotiations with canada and mexico

    Sec. 22.\16\ The President of the United States is 
authorized and requested to enter into negotiations with the 
Governments of Canada and Mexico to determine:
---------------------------------------------------------------------------
    \16\ 33 U.S.C. 1521.
---------------------------------------------------------------------------
          (1) the need for intergovernmental understandings, 
        agreements, or treaties to protect the interests of the 
        people of Canada, Mexico, and the United States and of 
        any party or parties involved with the construction or 
        operation of deepwater ports; and
          (2) the desirability of undertaking joint studies and 
        investigations designed to insure protection of the 
        environment and to eliminate any legal and regulatory 
        uncertainty, to assure that the interests of the people 
        of Canada, Mexico, and the United States are adequately 
        met.
The President shall report to the Congress the actions taken, 
the progress achieved, the areas of disagreements, and the 
matters about which more information is needed, together with 
his recommendations for further action.
          * * * * * * *
                  d. Intervention on the High Seas Act

Public Law 93-248 [S. 1070], 88 Stat. 8, approved February 5, 1974; as 
amended by Public Law 95-302 [S. 2380], 92 Stat. 344, approved June 26, 
 1978; Public Law 97-164 [Federal Courts Improvement Act of 1982; H.R. 
 4482], 96 Stat. 25 at 49, approved April 2, 1982; Public Law 101-380 
[Oil Pollution Act of 1990; H.R. 1465], 104 Stat. 484, approved August 
18, 1990; and Public Law 102-572 [Court of Federal Claims Technical and 
Procedural Improvements Act of 1992; S. 1569], 106 Stat. 4516, approved 
                            October 29, 1992

     AN ACT To implement the International Convention Relating to 
  Intervention on the High Seas in Cases of Oil Pollution Casualties, 
                                1969.\1\

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Intervention on the High Seas Act''.
---------------------------------------------------------------------------
    \1\ See boxnote, page 2.
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    Sec. 2.\2\ As used in this Act--
---------------------------------------------------------------------------
    \2\ 33 U.S.C. 1471. Sec. 1(1) of Public Law 95-302 (92 Stat. 344) 
amended and restated sec. 2. As provided in sec. 2 of Public Law 95-
302, this amendment did not become effective until March 30, 1983, when 
the Protocol referred to in para. (6) became effective for the United 
States.
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          (1) ``a substance other than convention oil'' means 
        those oils, noxious substances, liquefied gases, and 
        radioactive substances--
                  (A) enumerated in the protocol, or
                  (B) otherwise determined to be hazardous 
                under section 4(a);
          (2) ``convention'' means the International Convention 
        Relating to Intervention on the High Seas in Cases of 
        Oil Pollution Casualties, 1969, including annexes 
        thereto;
          (3) ``convention oil'' means crude oil, fuel oil, 
        diesel oil, and lubricating oil;
          (4) ``Secretary'' means the Secretary of the 
        department in which the Coast Guard is operating;
          (5) ``ship'' means--
                  (A) a seagoing vessel of any type whatsoever, 
                and
                  (B) any floating craft, except an 
                installation or device engaged in the 
                exploration and exploitation of the resources 
                of the seabed and the ocean floor and the 
                subsoil thereof;
          (6) ``protocol'' means the Protocol Relating to 
        Intervention on the High Seas in Cases of Marine 
        Pollution by Substances Other Than Oil, 1973, including 
        annexes thereto; and
          (7) ``United States'' means the States, the District 
        of Columbia, the Commonwealth of Puerto Rico, the Canal 
        Zone, Guam, American Samoa, the United States Virgin 
        Islands, the Trust Territory of the Pacific Islands, 
        the Commonwealth of the Northern Marianas, and any 
        other commonwealth, territory, or possession of the 
        United States.
    Sec. 3.\3\ Whenever a ship collision, standing, or other 
incident of navigation or other occurrence on board a ship or 
external to it resulting in material damage or imminent threat 
of material damage to the ship or her cargo creates, as 
determined by the Secretary, a grave and imminent danger to the 
coastline or related interests of the United States from 
pollution or threat of pollution of the sea by convention oil 
or of the sea or atmosphere by a substance other than 
convention oil \4\ which may reasonably be expected to result 
in major harmful consequences, the Secretary may, except as 
provided for in section 10, without liability for any damage to 
the owners or operators of the ship, to her cargo or crew, or 
to underwriters or other parties interested therein, take 
measures on the high seas, in accordance with the provisions of 
the convention, the protocol \5\ and this Act, to prevent, 
mitigate, or eliminate the danger.
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    \3\ 33 U.S.C. 1472.
    \4\ Sec. 1(2)(A) of Public Law 95-302 (92 Stat. 344) struck out 
``oil'' and inserted in lieu thereof ``convention oil or of the sea or 
atmosphere by a substance other than convention oil''. As provided in 
sec. 2 of Public Law 95-302, this amendment did not become effective 
until March 30, 1983, when the Protocol referred to in sec. 2(6) of 
this Act became effective for the United States.
    \5\ Sec. 1(2)(B) of Public Law 95-302 (92 Stat. 344) struck out 
``Convention'' and inserted in lieu thereof ``convention, the 
protocol''. As provided in sec. 2 of Public Law 95-302, this amendment 
did not become effective until March 30, 1983, when the Protocol 
referred to in sec. 2(6) of this Act became effective for the United 
States.
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    Sec. 4.\6\ (a) \7\ The Secretary, after consultation with 
the Administrator of the Environmental Protection Agency and 
the Secretary of Commerce, shall determine when a substance 
other than those enumerated in the protocol is liable to create 
a hazard to human health, to harm living resources, to damage 
amenities, or to interfere with other legitimate uses of the 
sea.
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    \6\ 33 U.S.C. 1473.
    \7\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) designated the 
existing text of sec. 4 as subsec. (b) and added a new subsec. (a). As 
provided in sec. 2 of Public Law 95-302, this amendment did not become 
effective until March 30, 1983, when the Protocol referred to in sec. 
2(6) of this Act became effective for the United States.
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    (b) \7\ In determining whether there is grave and imminent 
danger or major harmful consequences to the coastline or 
related interests of the United States, the Secretary shall 
consider the interests of the United States, directly 
threatened or affected including but not limited to, human 
health,\8\ fish, shellfish, and other living marine resources, 
wildlife, coastal zone, and estuarine activities, and public 
and private shorelines and beaches.
---------------------------------------------------------------------------
    \8\ Sec. 1(3) of Public Law 95-302 (92 Stat. 344) inserted ``human 
health,''. As provided in sec. 2 of Public Law 95-302, this amendment 
did not become effective until March 30, 1983, when the Protocol 
referred to in sec. 2(6) of this Act became effective for the United 
States.
---------------------------------------------------------------------------
    Sec. 5.\9\ Upon a determination under section 3 of this Act 
of a grave and imminent danger to the coastline or related 
interests of the United States, the Secretary may--
---------------------------------------------------------------------------
    \9\ 33 U.S.C. 1474.
---------------------------------------------------------------------------
          (1) coordinate and direct all public and private 
        efforts directed at the removal or elimination of the 
        threatened pollution damage;
          (2) directly or indirectly undertake the whole or any 
        part of any salvage or other action he could require or 
        direct under subsection (1) of this section; and
          (3) remove, and, if necessary, destroy the ship and 
        cargo which is the source of the danger.
    Sec. 6.\10\ Before taking any measure under section 5 of 
this Act, the Secretary shall--
---------------------------------------------------------------------------
    \10\ 33 U.S.C. 1475.
---------------------------------------------------------------------------
          (1) consult, through the Secretary of State, with 
        other countries affected by the marine casualty, and 
        particularly with the flag countries of any ship 
        involved;
          (2) notify without delay the Administrator of the 
        Environmental Protection Agency and any other persons, 
        known to the Secretary, or of whom he later becomes 
        aware, who have interests which can reasonably be 
        expected to be affected by any proposed measures; and
          (3) consider any views submitted in response to the 
        consultation or notification required by subsections 
        (1) and (2) of this section.
    Sec. 7.\11\ In cases of extreme urgency requiring measures 
to be taken immediately, the Secretary may take those measures 
rendered necessary by the urgency of the situation without the 
prior consultation or notification as required by section 6 of 
this Act or without the continuation of consultations already 
begun.
---------------------------------------------------------------------------
    \11\ 33 U.S.C. 1476.
---------------------------------------------------------------------------
    Sec. 8.\12\ (a) Measures directed or conducted under this 
Act shall be proportionate to the damage, actual or threatened, 
to the coastline or related interests of the United States and 
may not go beyond what is reasonably necessary to prevent, 
mitigate, or eliminate that damage.
---------------------------------------------------------------------------
    \12\ 33 U.S.C. 1477.
---------------------------------------------------------------------------
    (b) In considering whether measures are proportionate to 
the damage the Secretary shall, among other things consider--
          (1) the extent and probability of imminent damage if 
        those measures are not taken;
          (2) the likelihood of effectiveness of those 
        measures; and
          (3) the extent of the damage which may be caused by 
        those measures.
    Sec. 9.\13\ In the direction and conduct of measures under 
this Act the Secretary shall use his best endeavors to--
---------------------------------------------------------------------------
    \13\ 33 U.S.C. 1478.
---------------------------------------------------------------------------
          (1) assure the avoidance of risk to human life;
          (2) render all possible aid to distressed persons, 
        including facilitating repatriation of ships' crews; 
        and
          (3) not unnecessarily interfere with rights and 
        interests of others, including the flag state of any 
        ship involved, other foreign states threatened by 
        damage, and persons otherwise concerned.
    Sec. 10.\14\ (a) The United States shall be obliged to pay 
compensation to the extent of the damage caused by measures 
which exceed those reasonably necessary to achieve the end 
mentioned in section 3.
---------------------------------------------------------------------------
    \14\ 33 U.S.C. 1479.
---------------------------------------------------------------------------
    (b) Actions against the United States seeking compensation 
for any excessive measures may be brought in the United States 
Court of Federal Claims,\15\ in any district court of the 
United States, and in those courts enumerated in section 460 of 
title 28, United States Code. For purposes of this Act, 
American Samoa shall be included within the judicial district 
of the District Court of the United States for the District of 
Hawaii, and the Trust Territory of the Pacific Islands shall be 
included within the judicial districts of both the District 
Court of the United States for the District of Hawaii and the 
District Court of Guam.
---------------------------------------------------------------------------
    \15\ Sec. 902(b)(1) of Public Law 102-572 (106 Stat. 4516) provided 
that any reference in any Federal law or any document to the ``United 
States Claims Court'' shall be deemed to refer to the ``United States 
Court of Federal Claims''. Previously, sec. 161(6) of the Federal 
Courts Improvement Act (Public Law 97-164; 96 Stat. 49) struck out 
``United States Court of Claims'' and inserted in lieu thereof ``United 
States Claims Court''.
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    (c) \16\ With respect to intervention for a substance 
identified pursuant to section 4(a), the United States has the 
burden of establishing that, under the circumstances present at 
the time of the intervention, the substance could reasonably 
pose a grave and imminent danger analogous to that posed by a 
substance enumerated in the protocol.
---------------------------------------------------------------------------
    \16\ Sec. 1(4) of Public Law 95-302 (92 Stat. 345) added subsec. 
(c). As provided in sec. 2 of Public Law 95-302, this amendment did not 
become effective until March 30, 1983, when the protocol referred to in 
sec. 2(6) of this Act became effective for the United States.
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    Sec. 11.\17\ The Secretary of State shall notify without 
delay foreign states concerned, the Secretary-General of the 
Inter-Governmental Maritime Consultative organization, and 
persons affected by measures taken under this Act.
---------------------------------------------------------------------------
    \17\ 33 U.S.C. 1480.
---------------------------------------------------------------------------
    Sec. 12.\18\ (a) A person commits a class A misdemeanor if 
that person--\19\
---------------------------------------------------------------------------
    \18\ 33 U.S.C. 1481.
    \19\ Sec. 4302(l)(1) of the Oil Pollution Act of 1990 (Public Law 
101-380; 104 Stat. 539) struck out ``Any person who'' and inserted in 
lieu thereof ``A person commits a class A misdemeanor if that person''.
---------------------------------------------------------------------------
          (1) willfully violates a provision of this Act or a 
        regulation issued thereunder; or
          (2) willfully refuses or fails to comply with any 
        lawful order or direction given pursuant to this Act; 
        or
          (3) willfully obstructs any person who is acting in 
        compliance with an order or direction under this 
        Act.\20\
---------------------------------------------------------------------------
    \20\ Sec. 4302(l)(2) of the Oil Pollution Act of 1990 (Public Law 
101-380; 104 Stat. 539) struck out ``, shall be fined not more than 
$10,000 or imprisoned not more than one year, or both'' in para. (3).
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    (b) In a criminal proceeding for an offense under paragraph 
(1) or (2) of subsection (a) of this section it shall be a 
defense for the accused to prove that he used all due diligence 
to comply with any order or direction or that he had reasonable 
cause to believe that compliance would have resulted in serious 
risk to human life.
    Sec. 13.\21\ (a) The Secretary, in consultation with the 
Secretary of State and the Administrator of the Environmental 
Protection Agency, may nominate individuals to the list of 
experts provided for in article III of the Convention and 
article II of the protocol and may propose amendments to the 
list of substances other than convention oil in accordance with 
article III of the protocol.\22\
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    \21\ 33 U.S.C. 1482.
    \22\ Sec. 1(5)(A) of Public Law 95-302 (92 Stat. 345) added the 
words to this point beginning with ``and article II of the protocol * * 
* ''. As provided in sec. 2 of Public Law 95-302, this amendment did 
not become effective until March 30, 1983, when the protocol referred 
to in sec. 2(6) of this Act became effective for the United States.
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    (b) The Secretary of State, in consultation with the 
Secretary, shall designate or nominate, as appropriate and 
necessary, the negotiators, conciliators, or arbitrators 
provided for by the convention and the protocol.\23\
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    \23\ Sec. 1(5) of Public Law 95-302 (92 Stat. 345) struck out 
``annexes thereto'' and inserted in lieu thereof ``protocol'' in 
subsec. (b) and added a new subsec. (c). As provided in sec. 2 of 
Public Law 95-302, this amendment did not become effective until March 
30, 1983, when the protocol referred to in sec. 2(6) of this Act became 
effective for the United States.
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    (c) \23\ The President may accept amendments to the list of 
substances other than convention oil in accordance with article 
III of the protocol.
    Sec. 14.\24\ No measures may be taken under authority of 
this Act against any warship or other ship owned or operated by 
a country and used, for the time being, only on Government 
noncommercial service.
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    \24\ 33 U.S.C. 1483.
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    Sec. 15.\25\ This Act shall be interpreted and administered 
in a manner consistent with the convention, the protocol,\26\ 
and other international law. Except as specifically provided, 
nothing in this Act may be interpreted to prejudice any 
otherwise applicable right, duty, privilege, or immunity or 
deprive any country or person of any remedy otherwise 
applicable.
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    \25\ 33 U.S.C. 1484.
    \26\ Sec. 2(6) of Public Law 95-302 (92 Stat. 345) inserted ``, the 
protocol,''. As provided in sec. 2 of Public Law 95-302, this amendment 
did not become effective until March 30, 1983, when the protocol 
referred to in sec. 2(6) of this Act became effective for the United 
States.
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    Sec. 16.\27\ The Secretary may issue reasonable rules and 
regulations which he considers appropriate and necessary for 
the effective implementation of this Act.
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    \27\ 33 U.S.C. 1485.
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    Sec. 17.\28\ The Oil Spill Liability Trust Fund shall be 
available to the Secretary for actions taken under sections 5 
and 7 of this Act.
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    \28\ 33 U.S.C. 1486. Sec. 2001 of the Oil Pollution Act of 1990 
(Public Law 101-380; 104 Stat. 506) amended and restated sec. 17. It 
formerly read as follows:
    ``The revolving fund established under section 311(k) of the 
Federal Water Pollution Control Act shall be available to the Secretary 
for Federal actions and activities under section 5 of this Act.''.
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    Sec. 18.\29\ This Act shall be effective upon the date of 
enactment, or upon the date the convention becomes effective as 
to the United States, whichever is later.
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    \29\ 33 U.S.C. 1487.
                        e. Coral Reef Protection

  Executive Order 13089, June 11, 1998, 63 F.R. 32701, 16 U.S.C. 6401 
                                  note

    By the authority vested in me as President by the 
Constitution and the laws of the United States of America and 
in furtherance of the purposes of the Clean Water Act of 1977, 
as amended (33 U.S.C. 1251, et seq.), Coastal Zone Management 
Act (16 U.S.C. 1451, et seq.), Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801, et seq.), 
National Environmental Policy Act of 1969, as amended (42 
U.S.C. 4321, et seq.), National Marine Sanctuaries Act, (16 
U.S.C. 1431, et seq.), National Park Service Organic Act (16 
U.S.C. 1, et seq.), National Wildlife Refuge System 
Administration Act (16 U.S.C. 668dd-ee), and other pertinent 
statutes, to preserve and protect the biodiversity, health, 
heritage, and social and economic value of U.S. coral reef 
ecosystems and the marine environment, it is hereby ordered as 
follows:
    Section 1. Definitions. (a) ``U.S. coral reef ecosystems'' 
means those species, habitats, and other natural resources 
associated with coral reefs in all maritime areas and zones 
subject to the jurisdiction or control of the United States 
(e.g., Federal, State, territorial, or commonwealth waters), 
including reef systems in the south Atlantic, Caribbean, Gulf 
of Mexico, and Pacific Ocean.
    (b) ``U.S. Coral Reef Initiative'' is an existing 
partnership between Federal agencies and State, territorial, 
commonwealth, and local governments, nongovernmental 
organizations, and commercial interests to design and implement 
additional management, education, monitoring, research, and 
restoration efforts to conserve coral reef ecosystems for the 
use and enjoyment of future generations. The existing U.S. 
Islands Coral Reef Initiative strategy covers approximately 95 
percent of U.S. coral reef ecosystems and is a key element of 
the overall U.S. Coral Reef Initiative.
    (c) ``International Coral Reef Initiative'' is an existing 
partnership, founded by the United States in 1994, of 
governments, intergovernmental organizations, multilateral 
development banks, nongovernmental organizations, scientists, 
and the private sector whose purpose is to mobilize governments 
and other interested parties whose coordinated, vigorous, and 
effective actions are required to address the threats to the 
world's coral reefs.
    Sec. 2. Policy. (a) All Federal agencies whose actions may 
affect U.S. coral reef ecosystems shall: (a) identify their 
actions that may affect U.S. coral reef ecosystems; (b) utilize 
their programs and authorities to protect and enhance the 
conditions of such ecosystems; and (c) to the extent permitted 
by law, ensure that any actions they authorize, fund, or carry 
out will not degrade the conditions of such ecosystems.
    (b) Exceptions to this section may be allowed under terms 
prescribed by the heads of Federal agencies:
          (1) during time of war or national emergency;
          (2) when necessary for reasons of national security, 
        as determined by the President;
          (3) during emergencies posing an unacceptable threat 
        to human health or safety or to the marine environment 
        and admitting of no other feasible solution; or
          (4) in any case that constitutes a danger to human 
        life or a real threat to vessels, aircraft, platforms, 
        or other man-made structures at sea, such as cases of 
        force majeure caused by stress of weather or other act 
        of God.
    Sec. 3. Federal Agency Responsibilities. In furtherance of 
section 2 of this order, Federal agencies whose actions affect 
U.S. coral reef ecosystems, shall, subject to the availability 
of appropriations, provide for implementation of measures 
needed to research, monitor, manage, and restore affected 
ecosystems, including, but not limited to, measures reducing 
impacts from pollution, sedimentation, and fishing. To the 
extent not inconsistent with statutory responsibilities and 
procedures, these measures shall be developed in cooperation 
with the U.S. Coral Reef Task Force and fishery management 
councils and in consultation with affected States, territorial, 
commonwealth, tribal, and local government agencies, 
nongovernmental organizations, the scientific community, and 
commercial interests.
    Sec. 4. U.S. Coral Reef Task Force. The Secretary of the 
Interior and the Secretary of Commerce, through the 
Administrator of the National Oceanic and Atmospheric 
Administration, shall co-chair a U.S. Coral Reef Task Force 
(``Task Force''), whose members shall include, but not be 
limited to, the Administrator of the Environmental Protection 
Agency, the Attorney General, the Secretary of the Interior, 
the Secretary of Agriculture, the Secretary of Commerce, the 
Secretary of Defense, the Secretary of State, the Secretary of 
Transportation, the Director of the National Science 
Foundation, the Administrator of the Agency for International 
Development, and the Administrator of the National Aeronautics 
and Space Administration. The Task Force shall oversee 
implementation of the policy and Federal agency 
responsibilities set forth in this order, and shall guide and 
support activities under the U.S. Coral Reef Initiative 
(``CRI''). All Federal agencies whose actions may affect U.S. 
coral reef ecosystems shall review their participation in the 
CRI and the strategies developed under it, including strategies 
and plans of State, territorial, commonwealth, and local 
governments, and, to the extent feasible, shall enhance Federal 
participation and support of such strategies and plans. The 
Task Force shall work in cooperation with State, territorial, 
commonwealth, and local government agencies, nongovernmental 
organizations, the scientific community, and commercial 
interests.
    Sec. 5. Duties of the U.S. Coral Reef Task Force. (a) Coral 
Reef Mapping and Monitoring. The Task Force, in cooperation 
with State, territory, commonwealth, and local government 
partners, shall coordinate a comprehensive program to map and 
monitor U.S. coral reefs. Such programs shall include, but not 
be limited to, territories and commonwealths, special marine 
protected areas such as National Marine Sanctuaries, National 
Estuarine Research Reserves, National Parks, National Wildlife 
Refuges, and other entities having significant coral reef 
resources. To the extent feasible, remote sensing capabilities 
shall be developed and applied to this program and local 
communities should be engaged in the design and conduct of 
programs.
    (b) Research. The Task Force shall develop and implement, 
with the scientific community, research aimed at identifying 
the major causes and consequences of degradation of coral reef 
ecosystems. This research shall include fundamental scientific 
research to provide a sound framework for the restoration and 
conservation of coral reef ecosystems worldwide. To the extent 
feasible, existing and planned environmental monitoring and 
mapping programs should be linked with scientific research 
activities. This Executive order shall not interfere with the 
normal conduct of scientific studies on coral reef ecosystems.
    (c) Conservation, Mitigation, and Restoration. The Task 
Force, in cooperation with State, territorial, commonwealth, 
and local government agencies, nongovernmental organizations, 
the scientific community and commercial interests, shall 
develop, recommend, and seek or secure implementation of 
measures necessary to reduce and mitigate coral reef ecosystem 
degradation and to restore damaged coral reefs. These measures 
shall include solutions to problems such as land-based sources 
of water pollution, sedimentation, detrimental alteration of 
salinity or temperature, over-fishing, over-use, collection of 
coral reef species, and direct destruction caused by activities 
such as recreational and commercial vessel traffic and treasure 
salvage. In developing these measures, the Task Force shall 
review existing legislation to determine whether additional 
legislation is necessary to complement the policy objectives of 
this order and shall recommend such legislation if appropriate. 
The Task Force shall further evaluate existing navigational 
aids, including charts, maps, day markers, and beacons to 
determine if the designation of the location of specific coral 
reefs should be enhanced through the use, revision, or 
improvement of such aids.
    (d) International Cooperation. The Secretary of State and 
the Administrator of the Agency for International Development, 
in cooperation with other members of the Coral Reef Task Force 
and drawing upon their expertise, shall assess the U.S. role in 
international trade and protection of coral reef species and 
implement appropriate strategies and actions to promote 
conservation and sustainable use of coral reef resources 
worldwide. Such actions shall include expanded collaboration 
with other International Coral Reef Initiative (``ICRI'') 
partners, especially governments, to implement the ICRI through 
its Framework for Action and the Global Coral Reef Monitoring 
Network at regional, national, and local levels.
    Sec. 6. This order does not create any right or benefit, 
substantive or procedural, enforceable in law or equity by a 
party against the United States, its agencies, its officers, or 
any person.
                          3. Tuna Conventions

              a. Tuna Conventions Act of 1950, as amended

Public Law 81-764 [S. 2633], 64 Stat. 777, approved September 7, 1950; 
   as amended by Public Law 87-814 [S. 2568], 76 Stat. 923, approved 
October 15, 1962; Public Law 92-471 [H.R. 9501], 86 Stat. 784, approved 
October 9, 1972; Public Law 102-523 [International Dolphin Conservation 
  Act of 1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992; 
Public Law 105-42 [International Dolphin Conservation Program Act; H.R. 
408], 111 Stat. 1122, approved August 15, 1997; and Public Law 106-562 
        [H.R. 1653], 114 Stat. 2794, approved December 23, 2000

  AN ACT To give effect to the Convention for the Establishment of an 
  International Commission for the Scientific Investigation of Tuna, 
  signed at Mexico City, January 25, 1949,\1\ by the United States of 
   America and the United Mexican States, and the Convention for the 
Establishment of an Inter-American Tropical Tuna Commission, signed at 
 Washington, May 31, 1949,\2\ by the United States of America and the 
            Republic of Costa Rica, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Tuna Conventions Act of 1950''.
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    \1\ Terminated February 5, 1965.
    \2\ 1 UST 230; TIAS 2040; 80 UNTS 3.
---------------------------------------------------------------------------
    Sec. 2.\3\ As used in this chapter, the term--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 951.
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          (a) ``convention'' includes (1) the Convention for 
        the Establishment of an International Commission for 
        the Scientific Investigation of Tuna, signed at Mexico 
        City, January 25, 1949, by the United States of America 
        and the United Mexican States, (2) the Convention for 
        the Establishment of an Inter-American Tropical Tuna 
        Commission, signed at Washington, May 31, 1949, by the 
        United States of America and the Republic of Costa 
        Rica, or both such conventions, as the context 
        requires;
          (b) ``commission'' includes (1) the International 
        Commission for the Scientific Investigation of Tuna, 
        (2) the Inter-American Tropical Tuna Commission 
        provided for by the conventions referred to in 
        subsection (a) of this section, or both such 
        commissions, as the context requires;
          (c) ``United States Commissioners'' means the members 
        of the commissions referred to in subsection (b) of 
        this section representing the United States of America 
        and appointed pursuant to the terms of the pertinent 
        convention and section 3 of this Act;
          (d) ``person'' means every individual, partnership, 
        corporation, and association subject to the 
        jurisdiction of the United States and
          (e) \4\ ``United States'' shall include all areas 
        under the sovereignty of the United States, the Trust 
        Territory of the Pacific Islands, and the Canal Zone.
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    \4\ Public Law 87-814 struck out a definition of ``enforcement 
agency'' and inserted in lieu thereof a definition of ``United 
States''.
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    Sec. 3.\5\ The United States shall be represented on the 
two commissions by a total of not more than four United States 
Commissioners, who shall be appointed by the President, serve 
as such during his pleasure, and receive no compensation for 
their services as such Commissioners. Individuals serving as 
such Commissioners shall not be considered to be Federal 
employees while performing such service, except for purposes of 
injury compensation or tort claims liability as provided in 
chapter 81 of title 5, United States Code, and chapter 171 of 
title 28, United States Code.\6\ Of such Commissioners--
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    \5\ 16 U.S.C. 952.
    \6\ Sec. 302 of Public Law 106-562 (114 Stat. 2806) added this 
sentence.
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          (a) not more than one shall be a person residing 
        elsewhere than in a State whose vessels maintain a 
        substantial fishery in the areas of the conventions;
          (b) at least one of the Commissioners who are such 
        legal residents shall be a person chosen from the 
        public at large, and who is not a salaried employee of 
        a State or of the Federal Government; \7\
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    \7\ Sec. 3(a)(1) of the International Dolphin Conservation Act of 
1992 (Public Law 102-523; 106 Stat. 3433), struck out ``and'' at the 
end of subsec. (b); struck out a period at the end of subsec. (c), and 
inserted in lieu thereof ``; and''; and added subsec. (d).
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          (c) \8\ at least one shall be either the 
        Administrator, or an appropriate officer, of the 
        National Marine Fisheries Service; and \7\
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    \8\ Sec. 7(a) of Public Law 105-42 (111 Stat. 1137) amended and 
restated subsec. (c). It previously read as follows:
    ``(c) at least one shall be an officer of the United States Fish 
and Wildlife Service; and''.
    In a transfer of functions pursuant to Reorganization Plan No. 4 of 
1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Department of Commerce'' has been substituted in lieu of ``United 
States Fish and Wildlife Service'' in the United States Code.
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          (d) \7\ at least one shall be chosen from a 
        nongovernmental conservation organization.

SEC. 4.\9\ GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                    SUBCOMMITTEE.

    (a) Appointments; Public Participation; Compensation.--The 
Secretary, in consultation with the United States 
Commissioners, shall--
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    \9\ 16 U.S.C. 953. Sec. 7(b) of Public Law 105-42 (111 Stat. 1137) 
amended and restated sec. 4. It previously read as follows:
    ``Sec. 4. The United States Commissioners shall (a) appoint an 
advisory committee which shall be composed of not less than five nor 
more than fifteen persons who shall be selected from the various groups 
participating in the fisheries included under the conventions, and from 
nongovernmental conservation organizations, and (b) shall fix the terms 
of office of the members of such committee, who shall receive no 
compensation for their services as such members. The advisory committee 
shall be invited to attend all nonexecutive meetings of the United 
States sections and shall be given full opportunity to examine and to 
be heard on all proposed programs of investigation, reports, 
recommendations, and regulations of the commissions. The advisory 
committee may attend all meetings of the international commissions to 
which they are invited by such commissions.''.
    Previously, Sec. 3(a)(2) of the International Dolphin Conservation 
Act of 1992 (Public Law 102-523; 106 Stat. 3433) had amended sec. 4.
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          (1) appoint a General Advisory Committee which shall 
        be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the 
        conventions, and from nongovernmental conservation 
        organizations;
          (2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from 
        the public and private sectors, including 
        nongovernmental conservation organizations;
          (3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide 
        for the confidentiality of confidential business data; 
        and
          (4) fix the terms of office of the members of the 
        General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for 
        their services as such members.
    (b) Functions.--
          (1) General advisory committee.--The General Advisory 
        Committee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States 
        sections and shall be given full opportunity to examine 
        and to be heard on all proposed programs of 
        investigations, reports, recommendations, and 
        regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such 
        commissions.
          (2) Scientific advisory subcommittee.--
                  (A) Advice.--The Scientific Advisory 
                Subcommittee shall advise the General Advisory 
                Committee and the Commissioners on matters 
                including--
                          (i) the conservation of ecosystems;
                          (ii) the sustainable uses of living 
                        marine resources related to the tuna 
                        fishery in the eastern Pacific Ocean; 
                        and
                          (iii) the long-term conservation and 
                        management of stocks of living marine 
                        resources in the eastern tropical 
                        Pacific Ocean.
                  (B) Other functions and assistance.--The 
                Scientific Advisory Subcommittee shall, as 
                requested by the General Advisory Committee, 
                the United States Commissioners, or the 
                Secretary, perform functions and provide 
                assistance required by formal agreements 
                entered into by the United States for this 
                fishery, including the International Dolphin 
                Conservation Program. These functions may 
                include--
                          (i) the review of data from the 
                        Program, including data received from 
                        the Inter-American Tropical Tuna 
                        Commission;
                          (ii) recommendations on research 
                        needs, including ecosystems, fishing 
                        practices, and gear technology 
                        research, including the development and 
                        use of selective, environmentally safe 
                        and cost-effective fishing gear, and on 
                        the coordination and facilitation of 
                        such research;
                          (iii) recommendations concerning 
                        scientific reviews and assessments 
                        required under the Program and 
                        engaging, as appropriate, in such 
                        reviews and assessments;
                          (iv) consulting with other experts as 
                        needed; and
                          (v) recommending measures to assure 
                        the regular and timely full exchange of 
                        data among the parties to the Program 
                        and each nation's National Scientific 
                        Advisory Committee (or its equivalent).
          (3) Attendance at meetings.--The Scientific Advisory 
        Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States 
        sections and the General Advisory Subcommittee and 
        shall be given full opportunity to examine and to be 
        heard on all proposed programs of scientific 
        investigation, scientific reports, and scientific 
        recommendations of the commission. Representatives of 
        the Scientific Advisory Subcommittee may attend 
        meetings of the Inter-American Tropical Tuna Commission 
        in accordance with the rules of such Commission.
    Sec. 5.\10\ * * * [Repealed--1972]
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    \10\ Formerly at 16 U.S.C. 954. Repealed by Public Law 92-471 (86 
Stat. 784).
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    Sec. 6.\11\ (a) The Secretary of State is authorized to 
approve or disapprove, on behalf of the United States 
Government, bylaws, and rules, or amendments thereof, adopted 
by each commission and submitted for approval of the United 
States Government in accordance with the provisions of the 
conventions, and, with the concurrence of the Secretary of the 
Interior,\12\ to approve or disapprove the general annual 
programs of the commissions. The Secretary of State is further 
authorized to receive, on behalf of the United States 
Government, reports, requests, recommendations, and other 
communications of the commissions, and to take appropriate 
action thereon either directly or by reference to the 
appropriate authority.
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    \11\ 16 U.S.C. 955.
    \12\ In a transfer of functions pursuant to Reorganization Plan No. 
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Secretary of Commerce'' was substituted in lieu of ``Secretary of the 
Interior'' in the U.S. Code. In this Act, Public Law 87-814 (76 Stat. 
923) struck out ``head of the enforcement agency'' and inserted in lieu 
thereof ``Secretary of the Interior''.
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    (b) Regulations recommended by each commission pursuant to 
the convention requiring the submission to the commission of 
records of operations by boat captains or other persons who 
participate in the fisheries covered by the convention, upon 
the concurrent approval of the Secretary of State and the 
Secretary of the Interior,\12\ shall be promulgated by the 
latter and upon publication in the Federal Register, shall be 
applicable to all vessels and persons subject to the 
jurisdiction of the United States.
    (c) \13\ Regulations required to carry out recommendations 
of the commission made pursuant to paragraph 5 of article II of 
the Convention for the Establishment of an Inter-American 
Tropical Tuna Commission shall be promulgated as hereinafter 
provided by the Secretary of the Interior \14\ upon approval of 
such recommendations by the Secretary of State and the 
Secretary of the Interior.\14\ The Secretary of the Interior 
\14\ shall cause to be published in the Federal Register a 
general notice of proposed rulemaking and shall afford 
interested persons an opportunity to participate in the 
rulemaking through (1) submission of written data, views, or 
arguments, and (2) oral presentation at a public hearing. Such 
regulations shall be published in the Federal Register and 
shall be accompanied by a statement of the considerations 
involved in the issuance of the regulations. After publication 
in the Federal Register such regulations shall be applicable to 
all vessels and persons subject to the jurisdiction of the 
United States on such date as the Secretary of the Interior 
\14\ shall prescribe, but in no event prior to an agreed date 
for the application by all countries whose vessels engage in 
fishing for species covered by the convention in the regulatory 
area on a meaningful scale, in terms of effect upon the success 
of the conservation program, of effective measures for the 
implementation of the commission's recommendations applicable 
to all vessels and persons subject to their respective 
jurisdictions. The Secretary of the Interior \14\ shall suspend 
at any time the application of any such regulations when, after 
consultation with the Secretary of State and the United States 
Commissioners, he determines that foreign fishing operations in 
the regulatory area are such as to constitute a serious threat 
to the achievement of the objectives of the commission's 
recommendations. The regulations thus promulgated may include 
the selection for regulation of one or more of the species 
covered by the convention; the division of the convention 
waters into areas; the establishment of one or more open or 
closed seasons as to each area; the limitation of the size of 
the fish and quantity of the catch which may be taken from each 
area within any season during which fishing is allowed; the 
limitation or prohibition of the incidental catch of a 
regulated species which may be retained, taken, possessed, or 
landed by vessels or persons fishing for other species of fish; 
the requiring of such clearance certificates for vessels as may 
be necessary to carry out the purposes of the convention and 
this Act; and such other measures incidental thereto as the 
Secretary of the Interior \14\ may deem necessary to implement 
the recommendations of the commission: Provided, That upon the 
promulgation of any such regulations the Secretary of the 
Interior \14\ shall promulgate additional regulations, with the 
concurrence of the Secretary of State, which shall become 
effective simultaneously with the application of the 
regulations hereinbefore referred to (1) to prohibit the entry 
into the United States from any country when the vessels of 
such country are being used in the conduct of fishing 
operations in the regulatory area in such manner or in such 
circumstances as would tend to diminish the effectiveness of 
the conversation recommendations of the commission, of fish in 
any form of those species which are subject to regulation 
pursuant to a recommendation of the commission and which were 
taken from the regulatory area; and (2) to prohibit entry into 
the United States, from any country, of fish in any form of 
those species which are subject to regulation pursuant to a 
recommendation of the commission and which were taken from the 
regulatory area by vessels other than those of such country in 
such manner or in such circumstances as would tend to diminish 
the effectiveness of the conservation recommendations of the 
commission. In the case of repeated and flagrant fishing 
operations in the regulatory area by the vessels of any country 
which seriously threaten the achievement of the objectives of 
the commission's recommendations, the Secretary of the 
Interior,\14\ with the concurrence of the Secretary of State, 
may, in his discretion, also prohibit the entry from such 
country of such other species of tuna, in any form, as may be 
under investigation by the commission and which were taken in 
the regulatory area. The aforesaid prohibitions shall continue 
until the Secretary of the Interior \14\ is satisfied that the 
condition warranting the prohibition no longer exists, except 
that all fish in any form of the species under regulation which 
were previously prohibited from entry shall continue to be 
prohibited from entry.
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    \13\ Public Law 87-814 (76 Stat. 923) added subsec. (c).
    \14\ In a transfer of functions pursuant to Reorganization Plan No. 
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Secretary of Commerce'' was substituted in lieu of ``Secretary of the 
Interior'' in the U.S. Code.
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    Sec. 7.\15\ Any person authorized to carry out enforcement 
activities under this Act and any person authorized by the 
commission shall have power without warrant or other process, 
to inspect, at any reasonable time, catch returns, statistical 
records, or other reports as are required by regulations 
adopted pursuant to this Act to be made, kept, or furnished.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 956. Public Law 87-814 (76 Stat. 923) substituted 
provisions respecting inspection of returns, records, or other reports 
for provisions authorizing a fine not exceeding $1,000 and proceeds for 
injunction against fishing for or possession of the kind of fish 
covered by the convention for failure to make, keep, furnish, or 
refusal to permit inspection of returns, records, or reports or for 
furnishing a false return, record, or report.
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    Sec. 8.\16\ (a) It shall be unlawful for any master or 
other person in charge of a fishing vessel of the United States 
to engage in fishing in violation of any regulation adopted 
pursuant to section 6 of this Act or for any person knowingly 
to ship, transport, purchase, sell, offer for sale, import, 
export, or have in custody, possession, or control any fish 
taken or retained in violation of such regulations.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 957. Public Law 87-814 (76 Stat. 923) substituted 
provisions respecting violations, fines, and forfeitures and 
applications of related laws for respecting enforcement of the Act.
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    (b) It shall be unlawful for the master or any person in 
charge of any fishing vessel of the United States or any person 
on board such vessel to fail to make, keep, or furnish any 
catch returns, statistical records, or other reports as are 
required by regulations adopted pursuant to this Act to be 
made, kept, or furnished; or to fail to stop upon being hailed 
by a duly authorized official of the United States; or to 
refuse to permit the duly authorized officials of the United 
States or authorized officials of the commissions to board such 
vessels or inspect its catch, equipment, books, documents, 
records, or other articles or question the persons on board in 
accordance with the provisions of this Act, or the convention, 
as the case may be.
    (c) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to section 4 of 
this Act, from any country, any fish in any form of those 
species subject to regulation pursuant to a recommendation of 
the commission, or any tuna in any form not under regulation 
but under investigation by the commission, during the period 
such fish have been denied entry in accordance with the 
provisions of section 4 of this Act. In the case of any fish as 
described in this subsection offered for entry in the United 
States, the Secretary of the Interior \14\ shall require proof 
satisfactory to him that such fish is not ineligible for such 
entry under the terms of section 6 of this Act.
    (d) Any person violating any provisions of subsection (a) 
of this section shall be fined not more than $25,000, and for a 
subsequent violation of any provisions of said subsection (a) 
shall be fined not more than $50,000.
    (e) Any person violating any provision of subsection (b) of 
this section shall be fined not more than $1,000, and for a 
subsequent violation of any provision of subsection (b) shall 
be fined not more than $5,000.
    (f) Any person violating any provision of subsection (c) of 
this section shall be fined not more than $100,000.
    (g) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.
    (h) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
Act, insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act.
    Sec. 9.\17\ (a) In order to provide coordination between 
the general annual programs of the commissions and programs of 
other agencies, relating to the exploration, development, and 
conservation of fishery resources, the Secretary of State may 
recommend to the United States Commissioners that they consider 
the relationship of the commissions' programs to those of such 
agencies and when necessary arrange, with the concurrence of 
such agencies for mutual cooperation between the commissions 
and such agencies for carrying out their respective programs.
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    \17\ 16 U.S.C. 958.
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    (b) All agencies of the Federal Government are authorized 
on request of the commissions to cooperate in the conduct of 
scientific and other programs, or to furnish facilities and 
personnel for the purpose of assisting the commissions in the 
performance of their duties.
    (c) The commissions are authorized and empowered to supply 
facilities and personnel to existing non-Federal agencies to 
expedite research work which in the judgment of the commissions 
is contributing or will contribute directly to the purposes of 
the conventions.
    Sec. 10.\18\ (a) The judges of the United States district 
courts and United States Commissioners \19\ may, within their 
respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued pursuant thereto.
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    \18\ 16 U.S.C. 959. Sec. 5 of Public Law 87-814 (76 Stat. 925) 
amended and restated sec. 10.
    \19\ Now referred to as ``magistrates'' per the Federal Magistrates 
Act (Public Law 90-578; 82 Stat. 1107).
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    (b) Enforcement of the provisions of this Act and the 
regulations issued pursuant thereto shall be the joint 
responsibility of the United States Coast Guard, the United 
States Department of the Interior,\20\ and the United States 
Bureau of Customs. In addition, the Secretary of the Interior 
\14\ may designate officers and employees of the States of the 
United States, of the Commonwealth of Puerto Rico, and of 
American Samoa to carry out enforcement activities hereunder. 
When so designated, such officers and employees are authorized 
to function as Federal law enforcement agents for those 
purposes.
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    \20\ In a transfer of functions pursuant to Reorganization Plan No. 
4 of 1970 (35 F.R. 15627; 84 Stat. 2090), effective October 3, 1970, 
``Department of Commerce'' was substituted in lieu of ``Department of 
the Interior'' in the U.S. Code.
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    (c) Any person authorized to carry out enforcement 
activities hereunder shall have the power to execute any 
warrant or process issued by any officer or court of competent 
jurisdiction for the enforcement of this Act.
    (d) Such person so authorized shall have the power--
          (1) with or without a warrant or other process, to 
        arrest any persons subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued 
        thereunder;
          (2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of such search he 
        has reasonable cause to believe that such vessel or any 
        person on board is engaging in operations in violation 
        of the provisions of this Act or the regulations issued 
        thereunder, then to arrest such person.
    (e) Such person so authorized may seize, whenever and 
wherever lawfully found, all fish taken or retained in 
violation of the provisions of this Act or the regulations 
issued pursuant thereto. Any fish so seized may be disposed of 
pursuant to the order of a court of competent jurisdiction, 
pursuant to the provisions of subsection (f) of this section 
or, if perishable, in a manner prescribed by regulations of the 
Secretary of the Interior.\14\
    (f) Notwithstanding the provisions of section 2464 of title 
28 of the United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any fish seized if the process has been 
levied, on receiving from the claimant of the fish a bond or 
stipulation for the value of the property with sufficient 
surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court. In the discretion of the accused, and 
subject to the direction of the court, the fish may be sold for 
not less than its reasonable market value and the proceeds of 
such sale placed in the registry of the court pending judgment 
in the case.
    Sec. 11.\21\ None of the prohibitions contained in this Act 
or in the laws and regulations of the States shall prevent the 
commissions from conducting or authorizing the conduct of 
fishing operations and biological experiments at any time for 
the purpose of scientific investigations as authorized by the 
conventions, or shall prevent the commissions from discharging 
any of its or their functions or duties prescribed by the 
conventions.
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    \21\ 16 U.S.C. 960.
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    Sec. 12.\22\ There is hereby authorized to be appropriated 
from time to time, out of any moneys in the Treasury not 
otherwise appropriated, such sums as may be necessary to carry 
out the provisions of each convention and of this Act, 
including--
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    \22\ 16 U.S.C. 961.
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    (a) contributions to each commission for the United States 
share of any joint expenses of the commission and the expenses 
of the United States Commissioners and their staff, including 
personal services in the District of Columbia and elsewhere;
    (b) travel expenses without regard to the Standardized 
Government Travel Regulations, as amended, the Travel Expense 
Act of 1949, or section 10 of the Act of March 3, 1933 (U.S.C., 
title 5, sec. 73b);
    (c) printing and binding without regard to section 11 of 
the Act of March 1, 1919 (U.S.C., title 44, sec. 111), or 
section 3709 of the Revised Statutes (U.S.C., title 41, sec. 
5);
    (d) stenographic and other services by contract, if deemed 
necessary, without regard to section 3709 of the Revised 
Statutes (U.S.C., title 41, sec. 5); and
    (e) purchase, hire, operation, maintenance, and repair of 
aircraft, motor vehicles (including passenger-carrying 
vehicles), boats and research vessels.
    Sec. 13. If any provision of this Act or the application of 
such provision to any circumstances or persons shall be held 
invalid, the validity of the remainder of the Act and the 
applicability of such provision to other circumstances or 
persons shall not be affected thereby.
    Sec. 14. This Act shall take effect with respect to each of 
the conventions upon the entry into force of that convention 
unless such entry into force shall be prior to the date of 
approval of this Act in which case this Act shall take effect 
immediately.

SEC. 15.\23\ REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC 
                    OCEAN.

    The Secretary of State, in consultation with the Secretary 
of Commerce and acting through the United States Commissioners, 
shall seek, in cooperation with other nations whose vessel fish 
for tuna in the eastern tropical Pacific Ocean, to establish 
standards and measures for a bycatch reduction program for 
vessels fishing for yellowfin tuna in the eastern tropical 
Pacific Ocean. The bycatch reduction program shall include 
measures--
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    \23\ 16 U.S.C. 962. Sec. 7(c) of Public Law 105-42 (111 Stat. 1138) 
added sec. 15.
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          (1) to require, to the maximum extent practicable, 
        that sea turtles and other threatened species and 
        endangered species are released alive;
          (2) to reduce, to the maximum extent practicable, the 
        harvest of nontarget species;
          (3) to reduce, to the maximum extent practicable, the 
        mortality of nontarget species; and
          (4) to reduce, to the maximum extent practicable, the 
        mortality of juveniles of the target species.
                    b. Pacific Albacore Tuna Treaty

Partial text of Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved 
                             April 13, 2004

     AN ACT To provide for the conveyance to the Utrok Atoll local 
    government of a decommissioned National Oceanic and Atmospheric 
              Administration ship, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

                 TITLE IV--PACIFIC ALBACORE TUNA TREATY

SEC. 401.\1\ IMPLEMENTATION.

    (a) In General.--Notwithstanding anything to the contrary 
in section 201, 204, or 307(2) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1821, 1824, and 
1857(2)), foreign fishing may be conducted pursuant to the 
Treaty between the Government of the United States of America 
and the Government of Canada on Pacific Coast Albacore Tuna 
Vessels and Port Privileges, signed at Washington May 26, 1981, 
including its Annexes and any amendments thereto.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1821 note.
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    (b) Regulations.--The Secretary of Commerce, with the 
concurrence of the Secretary of State, may
          (1) promulgate regulations necessary to discharge the 
        obligations of the United States under the Treaty and 
        itsAnnexes; and
          (2) provide for the application of any such 
        regulation to any person or vessel subject to the 
        jurisdiction of the United States, wherever that person 
        or vessel may be located.
    (c) Enforcement.--
          (1) In general.--The Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) shall be enforced as if subsection (a) were a 
        provision of that Act. Any reference in the Magnuson-
        Stevens Fishery Conservationand Management Act (16 
        U.S.C. 1801 et seq.) to ``this Act'' or to any 
        provision of that Act, shall be considered to be a 
        reference to that Act as it would be in effect if 
        subsection (a) were a provision of that Act.
          (2) Regulations.--The regulations promulgated under 
        subsection (b), shall be enforced as if--
                  (A) subsection (a) were a provision of the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.); and
                  (B) the regulations were promulgated under 
                that Act.
          * * * * * * *
                   c. South Pacific Tuna Act of 1988

Public Law 100-330 [S. 1989], 102 Stat. 591, approved June 7, 1988; as 
amended by Public Law 100-350 [H.R. 4621], 102 Stat. 660, approved June 
27, 1988; Public Law 102-523 [International Dolphin Conservation Act of 
1992; H.R. 5419], 106 Stat. 3425, approved October 26, 1992; Public Law 
   104-43 [Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved 
   November 3, 1995; Public Law 104-208 [Department of Commerce and 
Related Agencies Appropriations Act; title II of sec. 101(a) of title I 
 of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 
 30, 1996; and Public Law 108-219 [H.R. 2584], 118 Stat. 615, approved 
                             April 13, 2004

AN ACT To implement the Treaty on Fisheries Between the Governments of 
 Certain Pacific Island States and the Government of the United States 
                              of America.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``South Pacific Tuna Act of 1988''.

SEC. 2.\1\ DEFINITIONS.

    As used in this Act--
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    \1\ 16 U.S.C. 973.
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          (1) The term ``Administrator'' means the individual 
        or organization designated by the Pacific Island 
        Parties to act on their behalf under the Treaty and 
        notified to the United States Government.
          (2) The term ``Authorized Officer'' means any officer 
        who is authorized by the Secretary, or the Secretary of 
        the department in which the Coast Guard is operating, 
        or the head of any Federal or State agency which has 
        entered into an enforcement agreement with the 
        Secretary under section 10(a) of this Act.
          (3) The term ``Authorized Party Officer'' means any 
        officer authorized by a Pacific Island Party to enforce 
        the provisions of the Treaty.
          (4) The term ``applicable national law'' means any 
        provision of law of a Pacific Island Party which is 
        described in paragraph 1(a) of Annex I of the Treaty.
          (5) The term ``Closed Area'' means any of the closed 
        areas identified in Schedule 2 of Annex I of the 
        Treaty.
          (6) The term ``fishing'' means--
                  (A) searching for, catching, taking, or 
                harvesting fish;
                  (B) attempting to search for, catch, take, or 
                harvest fish;
                  (C) engaging in any other activity which can 
                reasonably be expected to result in the 
                locating, catching, taking, or harvesting of 
                fish;
                  (D) placing, searching for, or recovering 
                fish aggregating devices or associated 
                electronic equipment such as radio beacons;
                  (E) any operations at sea directly in support 
                of, or in preparation for, any activity 
                described in this paragraph; or
                  (F) aircraft use, relating to the activities 
                described in this paragraph except for flights 
                in emergencies involving the health or safety 
                of crew members or the safety of a vessel.
          (7) The term ``fishing vessel'' or ``vessel'' means 
        any boat, ship, or other craft which is used for, 
        equipped to be used for, or of a type normally used for 
        commercial fishing, and which is documented under the 
        laws of the United States.
          (8) The term ``Licensing Area'' means all waters in 
        the Treaty Area except for--
                  (A) those waters subject to the jurisdiction 
                of the United States in accordance with 
                international law;
                  (B) those waters within Closed Areas; and
                  (C) those waters within Limited Areas closed 
                to fishing.
          (9) The term ``licensing period'' means the period of 
        validity of licenses issued in accordance with the 
        Treaty.
          (10) The term ``Limited Area'' means any area so 
        identified in Schedule 3 of Annex I of the Treaty.
          (11) The term ``operator'' means any person who is in 
        charge of, directs or controls a vessel, including the 
        owner, charterer, and master.
          (12) The term ``Pacific Island Party'' means a 
        Pacific Island nation which is a party to the Treaty.
          (13) The term ``Party'' means a nation which is a 
        party to the Treaty.
          (14) 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.
          (15) The term ``Secretary'' means the Secretary of 
        Commerce, or the designee of the Secretary of Commerce.
          (16) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealths of 
        Puerto Rico and the Northern Mariana Islands, American 
        Samoa, the Virgin Islands, Guam, and any other 
        Commonwealth, territory, or possession of the United 
        States.
          (17) The term ``Treaty'' means the Treaty on 
        Fisheries Between the Governments of Certain Pacific 
        Island States and the Government of the United States 
        of America, signed in Port Moresby, Papua New Guinea, 
        April 2, 1987, and its Annexes, Schedules, and 
        implementing agreements.
          (18) The term ``Treaty Area'' means the area so 
        described in paragraph 1(k) of Article 1 of the Treaty.

SEC. 3.\2\ APPLICATION TO OTHER LAWS.

    The seizure by a Pacific Island Party of a vessel of the 
United States shall not be determined to be a seizure described 
in section 205(a)(4)(C) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) \3\ 
or section 2 of the Fishermen's Protective Act of 1967 (22 
U.S.C. 1972) if the seizure is found by the Secretary of State 
to be in accordance with the provisions of the Treaty.
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    \2\ 16 U.S.C. 973a.
    \3\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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SEC. 4.\4\ REGULATIONS.

    The Secretary of Commerce, with the concurrence of the 
Secretary of State and after consultation with the Secretary of 
the department in which the Coast Guard is operating, shall 
issue regulations as may be necessary to carry out the purposes 
and objectives of the Treaty and this Act. These regulations 
shall be made applicable as necessary to all persons and 
vessels subject to the jurisdiction of the United States, 
wherever located.
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    \4\ 16 U.S.C. 973b.
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SEC. 5.\5\ PROHIBITED ACTS.

    (a) Except as provided in section 6 of this Act, it is 
unlawful for any person subject to the jurisdiction of the 
United States--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 973c.
---------------------------------------------------------------------------
          (1) to violate any provision of this Act or any 
        regulation or order issued pursuant to this Act;
          (2) to use a vessel for fishing in violation of an 
        applicable national law;
          (3) who has entered into a fishing arrangement under 
        paragraph 3 of Article 3 of the Treaty, to violate the 
        terms and conditions of such fishing arrangement if the 
        Secretary of State has decided under section 18 of this 
        Act that Article 4 and paragraph 6 of Article 5 of the 
        Treaty shall apply to the arrangement;
          (4) to use a vessel for fishing in any Limited Area 
        in violation of any requirement in Schedule 3 of Annex 
        I of the Treaty;
          (5) to use a vessel for fishing in any Closed Area;
          (6) to falsify any information required to be 
        reported, notified, communicated, or recorded pursuant 
        to a requirement of this Act, or to fail to submit any 
        required information, or to fail to report to the 
        Secretary immediately any change in circumstances which 
        has the effect of rendering any such information false, 
        incomplete, or misleading;
          (7) to intentionally destroy evidence which could be 
        used to determine if a violation of this Act or the 
        Treaty has occurred;
          (8) to refuse to permit any Authorized Officer or 
        Authorized Party Officer to board a fishing vessel for 
        purposes of conducting a search or inspection in 
        connection with the enforcement of this Act or the 
        Treaty;
          (9) to refuse to comply with the instructions of an 
        Authorized Officer or Authorized Party Officer relating 
        to fishing activities under the Treaty;
          (10) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with--
                  (A) any Authorized Officer or Authorized 
                Party Officer in the conduct of a search or 
                inspection in connection with the enforcement 
                of this Act or the Treaty; or
                  (B) an observer in the conduct of observer 
                duties under the Treaty;
          (11) to resist a lawful arrest for any act prohibited 
        by this section;
          (12) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section; or
          (13) 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 Act or any regulation, permit, or the Treaty, 
        with the knowledge that the fish were so taken or 
        retained.
    (b) Except as provided in section 6 of this Act, it is 
unlawful for any person subject to the jurisdiction of the 
United States when in the Licensing Area--
          (1) to use a vessel to fish unless validly licensed 
        as required by the Administrator;
          (2) to use a vessel for directed fishing for southern 
        bluefin tuna or for fishing for any kinds of fish other 
        than tunas, except that fish may be caught as an 
        incidental by-catch;
          (3) to use a vessel for fishing by any method other 
        than the purse-seine method;
          (4) to use any vessel to engage in fishing after the 
        revocation of its license, or during the period of 
        suspension of an applicable license;
          (5) to operate a vessel in such a way as to disrupt 
        or in any other way adversely affect the activities of 
        traditional and locally based fishermen and fishing 
        vessels;
          (6) to use a vessel to fish in a manner inconsistent 
        with an order issued by the Secretary under section 11 
        of this Act; or
          (7) except for circumstances involving force majeure 
        and other emergencies involving the health or safety of 
        crew members or the safety of the vessel, to use an 
        aircraft in association with the fishing activities of 
        a vessel unless it is identified in the license 
        application for the vessel, or any amendment thereto.

SEC. 6.\6\ EXCEPTIONS.

    (a) The prohibitions of section 5 of this Act and the 
licensing requirements of section 9 of this Act shall not apply 
to fishing for albacore tuna by vessels using the trolling 
method or to fishing by vessels using the longline method in 
the high seas areas of the Treaty area.\7\
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    \6\ 16 U.S.C. 973d.
    \7\ Sec. 402 of Public Law 108-219 (118 Stat. 617) struck out 
``outside of the 200 nautical mile fisheries zones of the Pacific 
Island Parties.'' and inserted in lieu thereof ``or to fishing by 
vessels using the longline method in the high seas areas of the Treaty 
area.''
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    (b) The prohibitions of section 5 (a)(4), (a)(5), and 
(b)(3) of this Act shall not apply to fishing under the terms 
and conditions of an arrangement which has been reached under 
paragraph 3 of Article 3 of the Treaty and which, pursuant to a 
decision by the Secretary of State under section 18 of this 
Act, is covered by Article 4 and paragraph 6 of Article 5 of 
the Treaty.

SEC. 7.\8\ CRIMINAL OFFENSES.

    (a) A person is guilty of a criminal offense if he or she 
commits any act prohibited by section 5(a) (8), (10), (11), or 
(12) of this Act.
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    \8\ 16 U.S.C. 973e.
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    (b) Any offense described in subsection (a) of this section 
is punishable by a fine of not more than $50,000, or 
imprisonment for not more than 6 months, or both; except that 
if in the commission of any such offense the person uses a 
dangerous weapon, engages in conduct that causes bodily injury 
to any Authorized Officer, Authorized Party Officer, or 
observer under the Treaty in the conduct of their duties, or 
places any such Authorized Officer, Authorized Party Officer, 
or observer in fear of imminent bodily injury, the offense is 
punishable by a fine of not more than $100,000 or imprisonment 
for not more than 10 years, or both.
    (c) The district courts of the United States shall have 
jurisdiction over any offense described in this section.

SEC. 8.\9\ CIVIL PENALTIES.

    (a) Any person who is found by the Secretary, after notice 
and an opportunity for a hearing in accordance with section 554 
of title 5, United States Code, to have committed an act 
prohibited by section 5 of this Act, shall be liable to the 
United States Code for a civil penalty. Before issuing a notice 
of violation, the Secretary shall consult with the Secretary of 
State. The amount of the civil penalty shall be determined in 
accordance with considerations set forth in the Treaty and 
shall take into account the nature, circumstances, extent, and 
gravity of the prohibited acts committed, and with respect to 
the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and such other matters as justice may 
require. Except for those acts prohibited by section 5(a) (4), 
(5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2), 
(3), and (7) of this Act, the amount of the civil penalty shall 
not exceed $250,000 for each violation. Upon written notice, 
the Secretary of State shall have the right to participate in 
any proceeding initiated to assess a civil penalty for 
violation of this Act.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 973f.
---------------------------------------------------------------------------
    (b) Any person against whom a civil penalty is assessed 
under subsection (a) of this section may obtain review thereof 
in the United States district court for the appropriate 
district by filing a complaint in such court within 30 days 
from the date of the order and by simultaneously serving a copy 
of the complaint by certified mail on the Secretary, the 
Attorney General of the United States, and the appropriate 
United States Attorney. The Secretary shall promptly file in 
the court a certified copy of the record upon which the 
violation was found or the penalty imposed. The findings and 
order of the Secretary shall be set aside or modified by the 
court if they are not found to be supported by substantial 
evidence, as provided in section 706(2) of title 5, United 
States Code.
    (c) Except as provided in subsection (g) of this section, 
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 Secretary shall refer the matter to the 
Attorney General of the United States, who shall recover the 
amount assessed in any appropriate district court of the United 
States.
    (d) Except as provided in subsection (g) of this section, a 
fishing vessel (including its fishing gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act prohibited by section 5 of this Act shall be liable in rem 
for any civil penalty assessed for the violation under section 
8 of this Act and may be proceeded against in any district 
court of the United States having jurisdiction thereof. The 
penalty shall constitute a maritime lien on the vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
    (e) The Secretary, after consultation with the Secretary of 
State, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section.
    (f) 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 a 
person pursuant to this subsection, the district court of the 
United States for any district in which the person is found, 
resides, or transacts business, upon application by the United 
States and after notice to the person, shall have jurisdiction 
to issue an order requiring the 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 the order of the court may be punished by the court as a 
contempt thereof.
    (g) If a vessel used in a violation of section 5(a) (1), 
(2), (3), (4), (5), (6), (7), (8), (9), or (13) or section 5(b) 
of this Act for which a civil penalty has been assessed--
          (1) had a valid license under the Treasury at the 
        time of the violation, and
          (2) within 60 days after the penalty assessment has 
        become final, leaves and remains outside of the 
        Licensing Area, all Limited Areas closed to fishing, 
        and all Closed Areas until the final penalty has been 
        paid,
there shall be no referral to the Attorney General under 
subsection (c) of this section or in rem action under 
subsection (d) of this section in connection with such civil 
penalty.

SEC. 9.\10\ LICENSES.

    (a) Licenses to fish in the Licensing Area, to be issued by 
the Administrator in accordance with the Treaty, may be 
requested from the Secretary by operators of vessels, under 
procedures established by the Secretary. The license 
application shall designate an agent for the service of legal 
process to be located in Port Moresby, Papua New Guinea. The 
applicant shall ensure that the designated agent for service of 
process, acting on behalf of the license holder, will receive 
and respond to any legal process issued in accordance with the 
Treaty and will, within 21 days after notification, travel if 
necessary for this purpose to any Pacific Island Party at no 
expense to that Party.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 973g.
---------------------------------------------------------------------------
    (b) Except as provided in subsections (e), (f), and (g) of 
this section, the Secretary shall forward a vessel license 
application to the Secretary of State for transmittal to the 
Administrator whenever such application is in accordance with 
application procedures established by the Secretary, includes a 
complete application form as required by Annex II of the 
Treaty, and is accompanied by the required license fee.
    (c)(1) In the initial year of implementation, fees for the 
first 40 vessel licenses shall be at least $50,000 each, for 
any 10 vessel licenses in addition to the first 40 shall be 
$60,000 each, and for vessel licenses in addition to the first 
50 shall be in accordance with Annex II of the Treaty.
    (2) After such initial year, fees for vessel licenses shall 
be paid in accordance with fee schedules established under 
Annex II of the Treaty and published by the Secretary.
    (d) Licenses shall be valid for the licensing period 
specified by the Administrator.
    (e) The Secretary may establish a system of allocating 
licenses in the event more applications are received than there 
are licenses available.
    (f) For the initial year of implementation, license fees 
totaling at least $1,750,000 must be received by the Secretary 
before any license applications will be forwarded to the 
Secretary of State for transmittal to the Administrator.
    (g) The Secretary, in consultation with the Secretary of 
State, may determine that a license application should not be 
forwarded to the Administrator for one of the following 
reasons:
          (1) where the application is not in accordance with 
        the Treaty or the procedures established by the 
        Secretary;
          (2) where the owner or charterer is the subject of 
        proceedings under the bankruptcy laws of the United 
        States, unless reasonable financial assurances have 
        been provided to the Secretary;
          (3) where the owner or charterer has not established 
        to the satisfaction of the Secretary that the fishing 
        vessel is fully insured against all risks and 
        liabilities normally provided in maritime liability 
        insurance;
          (4) where the owner or charterer has not paid any 
        penalty which has become final, assessed by the 
        Secretary in accordance with this Act.
    (h) \11\ Notwithstanding the requirements of--
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    \11\ Sec. 801 of Public Law 104-43 (109 Stat. 395) added subsec. 
(h).
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          (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. 10.\12\ ENFORCEMENT.

    (a) The provisions of this Act shall be enforced by the 
Secretary in cooperation with the Secretary of State. The 
Secretary, after consultation with the Secretary of State, may 
by agreement, on a reimbursable basis or otherwise, utilize the 
personnel, services, equipment (including aircraft and 
vessels), and facilities of any other Federal agency and of any 
State agency in the performance of these duties.
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    \12\ 16 U.S.C. 973h.
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    (b)(1) The Secretary shall, at the request of a Pacific 
Island Party made to the Secretary of State, fully investigate 
any alleged infringement of the Treaty involving a vessel of 
the United States, and report as soon as practicable, and in 
any case within 2 months, to that Party through the Secretary 
of State on any action taken or proposed by the Secretary in 
regard to the alleged infringement.
    (2) Upon commencement of an investigation under paragraph 
(1) of this subsection, the Secretary shall notify the operator 
of any vessel concerned regarding--
          (A) the nature of the investigation;
          (B) the right of the operator to submit comments, 
        information, or evidence bearing on the investigation 
        and to receive, upon the operator's timely written 
        request to the Secretary, an opportunity to present 
        such comments, information, or evidence orally to the 
        Secretary or the Secretary's representative within 30 
        days after receipt of such notification.
    (c)(1) Prior to instituting any legal proceedings under 
this Act for any action which involves an alleged infringement 
of the Treaty in waters within the jurisdiction of a Pacific 
Island Party, the Secretary, through the Secretary of State, 
shall notify the Pacific Island Party in accordance with 
paragraph 8 of Article 4 of the Treaty that the proceedings 
will be instituted. Such notice shall include a statement of 
the facts believed to show an infringement of the Treaty and 
the nature of the proposed proceedings, including any proposed 
charges and any proposed penalties. The Secretary shall not 
institute such proceedings if the Pacific Island Party objects 
within 30 days after the effective date of the notice under 
Article 10 of the Treaty.
    (2) The Pacific Island Party exercising jurisdiction over 
the waters involved in such a legal proceeding shall be 
promptly notified by the Secretary, through the Secretary of 
State, concerning the outcome of the proceeding.
    (d)(1) Any Authorized Officer may--
          (A) with or without a warrant or other process--
                  (i) arrest any person, if he has reasonable 
                cause to believe that the person has committed 
                any act subject to prosecution under section 7 
                of this Act;
                  (ii) board, and search or inspect, any 
                fishing vessel which is subject to the 
                provisions of this Act; or
                  (iii) seize samples of fish or items for 
                evidence (other than the vessel or its fishing 
                gear or equipment) related to any violation of 
                any provision of this Act;
                  (iv) order a vessel into the most convenient 
                port of the United States for investigation 
                when an investigation has been requested by a 
                Pacific Island Party in accordance with the 
                Treaty and when such an order is necessary to 
                gather information for such an investigation;
          (B) execute any warrant or other process issued by 
        any court of competent jurisdiction;
          (C) exercise any other lawful authority; and
          (D) investigate alleged violations of the Treaty to 
        the same extent authorized to investigate alleged 
        violations of this Act.
    (2) To the extent possible, Authorized Officers shall 
exercise their powers under paragraph (1)(A) (ii), (iii), and 
(iv) of this subsection so as not to interfere unduly with the 
lawful operation of the vessel.
    (3) Nothing in this Act shall be construed to limit the 
enforcement of this or other applicable Federal laws under 
section 89 of title 14, United States Code.
    (e) The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under the provisions of this Act.

SEC. 11.\13\ FINDINGS BY THE SECRETARY.

    (a) Following any investigation conducted in accordance 
with section 10(b) of this Act, the Secretary, with the 
concurrence of the Secretary of State, and upon the request of 
the Pacific Island Party concerned, may order a fishing vessel 
which has not submitted to the jurisdiction of that Pacific 
Island Party to leave immediately the Licensing Area, all 
Limited Areas, and all Closed Areas upon making a finding--
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 973i.
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          (1) that the fishing vessel--
                  (A) while fishing in the Licensing Area did 
                not have a license under the Treaty to fish in 
                the Licensing Area, and that under paragraph 2 
                of Article 3 of the Treaty, such fishing is not 
                authorized to be conducted in the Licensing 
                Area without a license;
                  (B) was involved in any incident in which an 
                Authorized Officer, Authorized Party Officer, 
                or observer was allegedly assaulted with 
                resultant bodily harm, physically threatened, 
                forcefully resisted, refused boarding, or 
                subjected to physical intimidation or physical 
                interference in the performance of duties as 
                authorized by this Act or the Treaty;
                  (C) has not made full payment within 60 days 
                of any amount due as a result of a final 
                judgment or other final determination deriving 
                from a violation in waters within the Treaty 
                Area of a Pacific Island Party; or
                  (D) was not represented by an agent for 
                service of process in accordance with the 
                Treaty; or
          (2) that there is probable cause to believe that the 
        fishing vessel--
                  (A) was used in violation of section 5 
                (a)(4), (a)(5), (b)(2), or (b)(3) of this Act;
                  (B) used an aircraft in violation of section 
                5(b)(7); or
                  (C) was involved in an incident in which 
                section 5(a)(7) was violated.
    (b) Upon being advised by the Secretary of State that 
proper notification to Parties has been made under paragraph 7 
of Article 5 of the Treaty that a Pacific Island Party is 
investigating an alleged infringement of the Treaty by a vessel 
in waters under the jurisdiction of such Pacific Island Party, 
the Secretary shall order the vessel to leave such waters until 
the Secretary of State notifies the Secretary that such order 
is no longer necessary.
    (c) The Secretary shall rescind any order issued on the 
basis of a finding under subsection (a)(1) (C) or (D) of this 
section as soon as the Secretary determines that the facts 
underlying the finding do not apply.
    (d) No order issued in accordance with this section is 
subject to judicial review.
    (e) Upon a request by the Secretary, the Attorney General 
shall commence a civil action for appropriate relief, including 
permanent or temporary injunction, to enforce any order issued 
by the Secretary under this section.

SEC. 12.\14\ REPORTING.

    (a) Holders of licenses shall comply with the reporting 
requirements of part 4 of Annex I to the Treaty.
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    \14\ 16 U.S.C. 973j.
---------------------------------------------------------------------------
    (b) Information provided by license holders in Schedules 5 
and 6 of Annex I of the Treaty shall be provided to the 
Secretary for transmittal to the Administrator and to an entity 
designated by the license holder. Such information thereafter 
shall not be released and shall be maintained as confidential 
by the Secretary, including information requested under the 
Freedom of Information Act, unless disclosure is required under 
court order or unless the information is essential for an 
enforcement action under section 5, 10(b), 10(c), or 11 of this 
Act, or any other proper law enforcement action.

SEC. 13.\15\ CLOSED AREA STOWAGE REQUIREMENTS.

    At all times while a vessel is in a Closed Area, the 
fishing gear of the vessel shall be stowed in such a manner as 
not to be readily available for fishing. In particular, the 
boom shall be lowered as far as possible so that the vessel 
cannot be used for fishing, but so that the skiff is accessible 
for use in emergency situations; the helicopter, if any, shall 
be tied down; and launches shall be secured.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 973k.
---------------------------------------------------------------------------

SEC. 14.\16\ OBSERVERS.

    (a) The operator and each member of the crew of a vessel 
shall allow and assist any individual identified as an observer 
under the Treaty by the Pacific Island Parties--
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 973l.
---------------------------------------------------------------------------
          (1) to board the vessel for scientific, compliance, 
        monitoring and other functions at the point and time 
        notified by the Pacific Island Parties to the 
        Secretary;
          (2) without interfering unduly with the lawful 
        operation of the vessel, to have full access to and use 
        of facilities and equipment on board the vessel which 
        the observer may determine are necessary to carry out 
        observer duties; have full access to the bridge, fish 
        on board, and areas which may be used to hold, process, 
        weigh, and store fish; remove samples; have full access 
        to the vessel's records, including its log and 
        documentation for the purpose of inspection and 
        copying; and gather any other information relating to 
        fisheries in the Licensing Area;
          (3) to disembark at the point and time notified by 
        the Pacific Island Parties to the Secretary; and
          (4) to carry out observer duties safely.
    (b) The operator shall provide any such observer, while on 
board the vessel, at no expense to the Pacific Island Parties, 
with food, accommodation, and medical facilities of such 
reasonable standard as may be acceptable to the Pacific Island 
Party whose representative is serving as the observer.
    (c) The operator of any vessel from which any fish taken in 
the Licensing Area is unloaded shall allow, or arrange for, and 
assist any individual so authorized by the Pacific Island 
Parties to have full access to any place where such fish is 
unloaded, to remove samples, and to gather any other 
information relating to fisheries in the Licensing Area.

SEC. 15.\17\ TECHNICAL ASSISTANCE.

    The United States tuna industry shall provide $250,000 
annually in technical assistance, including provision of 
assistance by technicians, in response to requests coordinated 
through the Administrator. The Secretary of State shall 
designate an entity to coordinate the provision of such 
technical assistance as provided by the United States tuna 
industry and to provide an annual report to the Secretary of 
State regarding the provision of such technical assistance.
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 973m.
---------------------------------------------------------------------------

SEC. 16.\18\ ARBITRATION.

    In the event of a dispute requiring the establishment of an 
arbitral tribunal under Article 6 of the Treaty, the Secretary 
of State, in consultation with the Secretary, shall appoint the 
arbitrator to be appointed by the United States under paragraph 
3 of that Article, and shall represent the United States in 
reaching agreement under such paragraph with each Pacific 
Island Party involved concerning the appointment of the 
presiding arbitrator of the tribunal.
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 973n.
---------------------------------------------------------------------------

SEC. 17.\19\ DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER 
                    MONEYS.

    To the extent required by Article 4 of the Treaty, an 
amount equivalent to the total value of any fine, penalty, or 
other amount collected as a result of any action, judicial or 
otherwise, taken pursuant to sections 7 and 8 of this Act shall 
be paid by the United States through the Secretary of State to 
the Administrator as soon as reasonably possible following the 
date that such amount is collected.
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 973o.
---------------------------------------------------------------------------

SEC. 18.\20\ ADDITIONAL AGREEMENTS.

    Within 30 days after the Secretary of State's receipt of 
notice from a Pacific Island Party that it has concluded an 
arrangement pursuant to paragraph 3 of Article 3 of the Treaty, 
the Secretary of State shall consult with the Secretary 
concerning whether the procedures of Article 4 and paragraph 6 
of Article 5 of the Treaty should be made applicable to such 
arrangement. At the conclusion of the consultations the Pacific 
Island Party and all other persons agreeing to the arrangement 
shall be notified by the Secretary of State of the resulting 
decision.
---------------------------------------------------------------------------
    \20\ 16 U.S.C. 973p.
---------------------------------------------------------------------------

SEC. 19.\21\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

    The Secretary of State is authorized to receive on behalf 
of the United States reports, requests, and other 
communications from the Administrator and to act thereon 
directly or by reference to the appropriate authorities. The 
Secretary of State, after consultations with the Secretary, may 
accept or reject, on behalf of the United States, changes or 
amendments to Annex I of the Treaty and its Schedules and Annex 
II to the Treaty and its Schedules.
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 973q.
---------------------------------------------------------------------------

SEC. 20.\22\ AUTHORIZATION OF APPROPRIATIONS.

    (a) There are authorized to be appropriated for fiscal 
years 1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 
2001, and 2002 \23\ such sums as may be necessary for carrying 
out the purposes and provisions of the Treaty and this Act 
including--
---------------------------------------------------------------------------
    \22\ 16 U.S.C. 973r.
    \23\ Sec. 3(b) of Public Law 102-523 (106 Stat. 3433) struck out 
``1988, 1989, 1990, 1991, and 1992'' each place it appeared in sec. 20, 
and inserted in lieu thereof ``1992, 1993, 1994, 1995, 1996, 1997, 
1998, 1999, 2000, 2001, and 2002''.
---------------------------------------------------------------------------
          (1) for fiscal years 1992, 1993, 1994, 1995, 1996, 
        1997, 1998, 1999, 2000, 2001, and 2002,\23\ an amount 
        not to exceed $350,000 annually to the Department of 
        Commerce for administrative expenses; and
          (2) for fiscal years 1988, 1989, 1990, 1991, and 
        1992, an amount not to exceed $50,000 annually to the 
        Department of State for administrative expenses.
    (b) Funds appropriated for the purposes of the Treaty may 
be used notwithstanding any of the provisions of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any 
appropriations Act that imposes restrictions on the maintenance 
or use of cash transfer assistance, which are inconsistent with 
the provisions of the Treaty.

SEC. 21.\24\ EFFECTIVE DATE.

    (a) Except as provided in subsection (b) of this section, 
this Act shall be effective on the date on which the Treaty 
enters into force for the United States.
---------------------------------------------------------------------------
    \24\ 16 U.S.C. 973 note.
---------------------------------------------------------------------------
    (b)(1) The authority to promulgate regulations pursuant to 
this Act shall be effective on the date of enactment of this 
Act.
    (2) Any regulation promulgated pursuant to this Act shall 
not be effective before the date on which the Treaty enters 
into force for the United States.
          d. Eastern Pacific Ocean Tuna Licensing Act of 1984

Public Law 98-445 [H.R. 5147], 98 Stat. 1715, approved October 4, 1984; 
 as amended by Public Law 104-208 [Department of Commerce and Related 
  Agencies Appropriations Act; title II of sec. 101(a) of title I of 
Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 
                                  1996

 AN ACT To implement the Eastern Pacific Ocean Tuna Fishing Agreement, 
            signed in San Jose, Costa Rica, March 15, 1983.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Eastern Pacific Tuna Licensing Act of 
1984''.

SEC. 2.\1\ DEFINITIONS.

    As used in this Act--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 972.
---------------------------------------------------------------------------
          (1) The term ``Agreement'' means the Eastern Pacific 
        Ocean Tuna Fishing Agreement, signed in San Jose, Costa 
        Rica, March 15, 1983.
          (2) The term ``Agreement Area'' means the area within 
        a perimeter determined as follows: From the point on 
        the mainland where the parallel of 40 degrees north 
        latitude intersects the coast westward along the 
        parallel of 40 degrees north latitude to 40 degrees 
        north latitude by 125 degrees west longitude to 20 
        degrees north latitude by 125 degrees west longitude, 
        thence southerly along the meridian of 125 degrees west 
        longitude to 20 degrees north latitude by 125 degrees 
        west longitude, thence easterly along the parallel of 
        20 degrees north latitude to 20 degrees latitude by 120 
        degrees west longitude, thence southerly along the 
        meridian of 120 degrees west longitude to 5 degrees 
        north latitude by 120 degrees west longitude, thence 
        easterly along the parallel of 5 degrees north latitude 
        to 5 degrees north latitude by 110 degrees west 
        longitude, thence southerly along the meridian of 110 
        degrees west longitude to 10 degrees south latitude by 
        110 degrees west longitude, thence easterly along the 
        parallel of 10 degrees south latitude to 10 degrees 
        south latitude by 90 degrees west longitude, thence 
        southerly along the meridian of 90 degrees west 
        longitude to 30 degrees south latitude by 90 degrees 
        west longitude, thence easterly along the parallel of 
        30 degrees south latitude to the point on the mainland 
        where the parallel intersects the coast; but the 
        Agreement Area does not include the zones within twelve 
        nautical miles of the baseline from which the breadth 
        of territorial sea is measured and the zones within two 
        hundred nautical miles of the baselines of Coastal 
        States not signatories to the Agreement, measured from 
        the same baseline.
          (3) The term ``designated species of tuna'' means 
        yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); 
        bigeye tuna, Thunnus obesus (Lowe, 1839); albacore 
        tuna, Thunnus alalunga (Bonnaterre, 1788); northern 
        bluefin tuna, Thunnus thynnus (Linnaeus, 1758): 
        southern bluefin tuna, Thunnus maccoyil (Castelnau, 
        1872); skipjack tuna, Katsuwonus pelamis (Linnaeus 
        1578); black skipjack, Euthynnus Lineatus (Kishinouye 
        1920); kawakawa, Euthynnus affinis (Cantor, 1849); 
        bullet tuna, Auxis rochei (Risso, 1810), frigate tuna, 
        Ausix (Lacepede, 1800); eastern Pacific bonito, Sarda 
        chiliensis (Cuvier in Cuvier and Valenciennes, 1831); 
        and Indo-Pacific bonito, Sarda orientalis (Temminck and 
        Schlegel, 1844).
          (4) The term ``Council'' means the body consisting of 
        the representatives from each Contracting Party to the 
        Agreement which is a Coastal State of the eastern 
        Pacific Ocean or a member of the Inter-American 
        Tropical Tuna Commission at the time of entry into 
        force of the Agreement.

SEC. 3.\2\ UNITED STATES REPRESENTATION ON THE COUNCIL.

    (a) The Secretary of State--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 972a.
---------------------------------------------------------------------------
          (1) shall appoint a United States representative to 
        the Council; and
          (2) may appoint not more than three alternate United 
        States representatives to the Council.
    (b) An individual is not eligible for appointment as, or to 
serve as, the United States representative under subsection 
(a)(1) unless the individual is an officer or employee of the 
United States Government.
    (c) An individual is not entitled to compensation for 
serving as the United States representative or an alternate 
United States representative.
    (d) While away from home or a regular place of business in 
the performance of service as the United States representative 
or an alternate United States representative, an individual is 
entitled to travel expenses, including per diem in lieu of 
subsistence, in the same manner as individuals employed 
intermittently in Government service are allowed expenses under 
section 5703(b) of title 5 of the United States Code.

SEC. 4.\3\ SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

    The Secretary of State shall receive, on behalf of the 
United States Government, reports, requests, recommendations 
and other communications of the Council, and, in consultation 
with the Secretary of Commerce, shall act directly thereon or 
by reference to the appropriate authorities.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 972b.
---------------------------------------------------------------------------

SEC. 5.\4\ APPLICATION TO OTHER LAWS.

    (a) Notwithstanding section 4 of the Fishermen's Protective 
Act of 1967 (22 U.S.C. 1874), such Act applies with respect to 
a seizure by a Contracting Party to the Agreement of a vessel 
of the United States within the Agreement Area for violation of 
the Agreement if the Secretary of State determines that the 
violation is not of such seriousness as to diminish the 
effectiveness of the Agreement.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 972c.
---------------------------------------------------------------------------
    (b) The seizure by a Contracting Party to the Agreement of 
a vessel of the United States shall not be considered to be a 
seizure described in section 205(a)(4)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1825(a)(4)(C)) \5\ if the seizure is consistent with the 
Agreement.
---------------------------------------------------------------------------
    \5\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

SEC. 6.\6\ DISPOSITION OF FEES.

    All fees accruing to the United States under Article III Of 
the Agreement shall be deposited into the Treasury of the 
United States.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 972d.
---------------------------------------------------------------------------

SEC. 7.\7\ REGULATIONS.

    The Secretary of Commerce, in cooperation with the 
Secretary of State of the department in which the Coast Guard 
is operating, shall issue such regulations as may be necessary 
to carry out the purposes and objectives of the Agreement and 
this Act. Regulations may be made applicable as necessary to 
all persons and vessels subject to the jurisdiction of the 
United States, wherever located. Regulations concerning the 
conservation of a designated species of tuna may be issued only 
to implement conservation recommendations made by the Council 
under Article 3(D) of the Agreement.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 972e.
---------------------------------------------------------------------------

SEC. 8.\8\ PROHIBITED ACTS.

    (a) It is unlawful for any person subject to the 
jurisdiction of the United States--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 972f.
---------------------------------------------------------------------------
          (1) to engage in fishing for a designated species of 
        tuna within the Agreement Area unless issued a license 
        under the Agreement authorizing such fishing;
          (2) to engage in fishing for a designated species of 
        tuna within the Agreement area in contravention of 
        regulations promulgated by the Secretary of the 
        Commerce under the Agreement:
          (3) knowingly to ship, transport, purchase, sell, 
        offer for sale, export, or have in custody, possession, 
        or control any designated species of tuna taken or 
        retained in violation of regulations issued under 
        section 7;
          (4) to fail to make, keep, or furnish any catch 
        return, statistical record, or other report required by 
        regulations issued under section 7;
          (5) being a person in charge of a vessel of the 
        United States, to fail to stop upon being hailed by an 
        authorized official of the United States, or to refuse 
        to permit officials of the United States to board the 
        vessel or inspect its catch, equipment, books, 
        documents, records, or other articles, or to question 
        individuals on board; or
          (6) to import from any country, in violation of any 
        regulation issued under section 7, any designated 
        species of tuna.
    (b) Any person who is convicted of violating--
          (1) subsection (a)(1), (a)(2), (a)(3) shall be fined 
        or assessed a civil penalty not more than $25,000, and 
        for a subsequent violation shall be fined or assessed a 
        civil penalty not more than $50,000;
          (2) subsection (a)(4) or (a)(5) shall be fined or 
        assessed a civil penalty not more than $5,000, and for 
        a subsequent violation shall be fined or assessed a 
        civil penalty not more than $5,000; or
          (3) subsection (a)(6) shall be fined or assessed a 
        civil penalty not more than $100,000.
    (c) All designated species of tuna taken or retained in 
violation of subsection (a) (1), (2), (3), or (6), or the 
monetary value thereof, is subject to forfeiture.
    (d) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under this Act, insofar as 
such provisions of law are applicable and not inconsistent with 
the provisions of this Act.

SEC. 9.\9\ ENFORCEMENT.

    (a) The judges of the United States district courts and 
United States magistrates may, within their respective 
jurisdictions, upon proper oath or affirmation showing probable 
cause, issue such warrants or other process as may be required 
for enforcement of this Act and the regulations issued under 
section 7.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 972g.
---------------------------------------------------------------------------
    (b) The enforcement of this Act and the regulations issued 
under section 7 shall be the joint responsibility of the 
department in which the Coast Guard is operating, the 
Department of Commerce, and the United States Customs Service. 
In addition, the Secretary of Commerce may designate officers 
and employees of the States of the United States, of the 
Commonwealth of Puerto Rico, and of American Samoa to carry out 
enforcement activities under this section. When so designated, 
such officers and employees may function as Federal law 
enforcement agents for these purposes.
    (c) An individual authorized to carry out enforcement 
activities under this section has power to execute any warrant 
or process issued by any officer or court of competent 
jurisdiction for the enforcement of this Act.
    (d) An individual so authorized to carry out enforcement 
activities under this section has power--
          (1) with or without a warrant or other process, to 
        arrest any person subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued under 
        section 7;
          (2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of the search he has 
        reasonable cause to believe that such vessel or any 
        individual on board is engaging in operations in 
        violation of this Act or any regulation issued 
        thereunder to arrest such person.
    (e) An individual authorized to enforce this Act may seize, 
whenever or wherever lawfully found, all species of designated 
tuna taken or retained in violation of this Act or the 
regulations issued under section 7. Any species so seized may 
be disposed of pursuant to the order of a court of competent 
jurisdiction, under subsection (f) of this section or, if 
perishable, in a manner prescribed by regulations of the 
Secretary of Commerce.
    (f) Notwithstanding the provisions of section 2464 of title 
28, United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any species of designated tuna seized if 
the process has been levied, on receiving from the claimant of 
the species a bond or stipulation for the value of the property 
with sufficient surety to be approved by a judge of the 
district court having jurisdiction of the offense, conditioned 
to deliver the species seized, if condemned, without impairment 
in value or, in the discretion of the court, to pay the 
equivalent value in money or otherwise to answer the decree of 
the court in such case. Such bond or stipulation shall be 
returned to the court and judgment thereon against both the 
principal and sureties may be recovered in event of any breach 
of the conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the species may be sold for not less than its reasonable 
market value and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.

SEC. 10.\10\ AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated for fiscal years 
after fiscal year 1984 such sums as may be necessary to carry 
out this Act.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 972h.
 e. Atlantic Tunas Convention Act of 1975, Appropriation Authorization

 Partial text of Public Law 96-339 [S. 2549], 94 Stat. 1069, approved 
 September 4, 1980; as amended by Public Law 104-43 [Fisheries Act of 
 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; Public Law 
  104-208 [Department of Commerce and Related Agencies Appropriations 
  Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R. 
3610], 110 Stat. 3009, approved September 30, 1996; and Public Law 105-
      384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998

  AN ACT To authorize appropriations for fiscal years 1981, 1982, and 
   1983 for the Atlantic Tunas Convention Act of 1975, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1. AMENDMENTS TO ATLANTIC TUNAS CONVENTION ACT OF 1975.

          * * * * * * *

SEC. 2.\1\ OBSERVER PROGRAM REGARDING CERTAIN FOREIGN FISHING.

    (a) Definitions.--As used in this section--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1827.
---------------------------------------------------------------------------
          (1) The term ``Act of 1976'' means the Magnuson-
        Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.).\2\
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (2) The term ``billfish'' means any species of 
        marlin, spearfish, sailfish or swordfish.
          (3) The term ``Secretary'' means the Secretary of 
        Commerce.
    (b) Observer Program.--The Secretary shall establish a 
program under which a United States observer will be stationed 
aboard each foreign fishing vessel while that vessel--
          (1) is in waters that are within--
                  (A) the fishery conservation zone \3\ 
                established under section 101 of the Act of 
                1976, and
---------------------------------------------------------------------------
    \3\ Sec. 101(c)(2) of Public Law 99-659 (100 Stat. 3707) amended 
generally sec. 101 of the Magnuson-Stevens Fishery Conservation and 
Management Act, which established the fishery conservation zone. Sec. 
101, amended, relates to United States sovereign rights to fish and 
fishery management authority within the ``exclusive economic zone''.
---------------------------------------------------------------------------
                  (B) the Convention area as defined in Article 
                I of the International Convention for the 
                Conservation of Atlantic Tunas; and
          (2) is taking or attempting to take any species of 
        fish if such taking or attempting to take may result in 
        the incidental taking of billfish.
The Secretary may acquire observers for such program through 
contract with qualified private persons.
    (c) Functions of Observers.--United States observers, while 
aboard foreign fishing vessels as required under subsection 
(b), shall carry out such scientific and other functions as the 
Secretary deems necessary or appropriate to carry out this 
section.
    (d) Fish.--There is imposed for each year after 1980 on the 
owner or operator or each foreign fishing vessel that, in the 
judgment of the Secretary, will engage in fishing in waters 
described in subsection (b)(1) during that year which may 
result in the incidental taking of billfish a fee in an amount 
sufficient to cover all of the costs of providing an observer 
aboard that vessel under the program established under 
subsection (a). The fees imposed under this subsection for any 
year shall be paid to the Secretary before that year begins. 
All fees collected by the Secretary under this subsection shall 
be deposited in the Fund established by subsection (e).
    (e) Fund.--There is established in the Treasury of the 
United States the Foreign Fishing Observer Fund. The Fund shall 
be available to the Secretary as a revolving fund for the 
purpose of carrying out this section.\4\ The Fund shall consist 
of the fees deposited into it as required under subsection (d). 
All payments made by the Secretary to carry out this section 
shall be paid from the Fund, only to the extent and in the 
amounts provided for in advance in appropriation Acts. Sums in 
the Fund which are not currently needed for the purposes of 
this section shall be kept on deposit or invested in 
obligations of, or guaranteed by, the United States.
---------------------------------------------------------------------------
    \4\ The Department of Commerce Appropriations Act, 2003 (title II 
of Division B Public Law 108-7; 117 Stat. 76), provided:
---------------------------------------------------------------------------

``foreign fishing observer fund
---------------------------------------------------------------------------

    ``For expenses necessary to carry out the provisions of the 
Atlantic Tunas Convention Act of 1975, as amended (Public Law 96-339), 
the Magnuson-Stevens Fishery Conservation and Management Act of 1976, 
as amended (Public Law 100-627) , the American Fisheries Promotion Act 
(Public Law 96-561) and the International Dolphin Conservation Program 
Act (Public Law 105-42), to be derived from the fees imposed under the 
foreign fishery observer program authorized by these Acts, not to 
exceed $1,000, to remain available until expended.''.
---------------------------------------------------------------------------
    (f) Prohibited Acts.--(1) It is unlawful for any person who 
is the owner or operator of a foreign fishing vessel to which 
this section applies--
          (A) to violate any regulation issued under subsection 
        (g);
          (B) to refuse to pay the fee imposed under subsection 
        (d) after being requested to do so by the Secretary; or
          (C) to refuse to permit an individual who is 
        authorized to act as an observer under this section 
        with respect to that vessel to board the vessel for 
        purposes of carrying out observer functions.
    (2) Section 308 of the Act of 1976 (relating to civil 
penalties) applies to any act that is unlawful under paragraph 
(1), and for purposes of such application the commission of any 
such act shall be treated as an act the commission of which is 
unlawful under section 307 of the Act of 1976.
    (g) Regulations.--The Secretary shall issue such 
regulations as are necessary or appropriate to carry out this 
section.

SEC. 3.\5\ RESEARCH ON ATLANTIC HIGHLY MIGRATORY SPECIES.

    (a) \6\ Biennial Report on Bluefin Tuna.--The Secretary of 
Commerce shall prepare, for each biennial period commencing 
with the period covering calendar years 1981 and 1982, and 
submit to the Congress a report setting forth, with respect to 
such biennial period--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 971i. Sec. 302(b)(1) of the Atlantic Tunas Convention 
Authorization Act of 1995 (Public Law 104-43; 109 Stat. 382) amended 
and restated the section catchline, which formerly read: ``reports 
regarding bluefin tuna.''.
    \6\ Sec. 302(b)(3) of Public Law 104-43 (109 Stat. 382) inserted 
subsec. designation and subsec. heading.
---------------------------------------------------------------------------
          (1) the level of taking of bluefin tuna by United 
        States fishermen in the Convention area as defined in 
        Article I of the International Convention for the 
        Conservation of Atlantic Tunas;
          (2) the status of bluefin tuna stocks within such 
        Convention area and the trends in their population 
        level; and
          (3) related information resulting from the 
        implementation of the observer program under section 2 
        of this Act.
The report required under this section shall be submitted to 
the Congress within sixty days after the close of the biennial 
period covered by the report.\7\
---------------------------------------------------------------------------
    \7\ Sec. 302(b)(2) of Public Law 104-43 (109 Stat. 382) struck out 
a sentence at this point that read: ``There are authorized to be 
appropriated such sums as may be necessary to carry out this 
section.''.
---------------------------------------------------------------------------
    (b) \8\ Highly Migratory Species Research and Monitoring.--
---------------------------------------------------------------------------
    \8\ Sec. 302(b)(4) of Public Law 104-43 (109 Stat. 382) added 
subsec. (b).
---------------------------------------------------------------------------
          (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 of 1975 \9\ applies with 
                respect to effort and species composition of 
                catch and discards;
---------------------------------------------------------------------------
    \9\ Sec. 202(b)(2) of Public Law 105-384 (112 Stat. 3453) inserted 
``of 1975''.
---------------------------------------------------------------------------
                  (C) consult with relevant Federal and State 
                agencies, scientific and technical experts, 
                commercial and recreational fishermen, and 
                other interested persons, public and private, 
                and shall publish a proposed plan in the 
                Federal Register for the purpose of receiving 
                public comment on the plan; and
                  (D) through the Secretary of State, encourage 
                other member nations to adopt a similar 
                program.
          f. Atlantic Tunas Convention Act of 1975, as amended

Public Law 94-70 [H.R. 5522], 89 Stat. 385, approved August 5, 1975; as 
 amended by Public Law 94-265 [Fishery Conservation and Management Act 
   of 1976; H.R. 200], 90 Stat. 331 at 361, approved April 13, 1976; 
  Public Law 95-33 [H.R. 6205], 91 Stat. 173, approved May 26, 1977; 
Public Law 96-339 [S. 2549], 94 Stat. 1069, approved September 4, 1980; 
Public Law 98-44 [S. 625], 97 Stat. 216, approved July 12, 1983; Public 
Law 99-659 [S. 991], 100 Stat 3706, approved November 14, 1986; Public 
 Law 101-627 [Fishery Conservation Amendments of 1990; H.R. 2061], 104 
 Stat. 4436, approved November 28, 1990; Public Law 104-43 [Fisheries 
   Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; 
    Public Law 104-208 [Department of Commerce and Related Agencies 
 Appropriations Act; title II of sec. 101(a) of title I of Public Law 
   104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996; 
 Public Law 105-384 [H.R. 3461], 112 Stat. 3451, approved November 13, 
1998; Public Law 106-562 [H.R. 1653], 114 Stat. 2794, approved December 
23, 2000; and Public Law 107-372 [Hydrographic Services Improvement Act 
 Amendments of 2002; H.R. 4883], 116 Stat. 3078, approved December 19, 
                                  2002

     AN ACT To give effect to the International Convention for the 
   Conservation of Atlantic Tunas, signed at Rio de Janeiro May 14, 
 1966,\1\ by the United States of America and other countries, and for 
                            other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Atlantic Tunas Convention Act of 
1975''.
---------------------------------------------------------------------------
    \1\ 20 UST 2887; see boxnote page 3.
---------------------------------------------------------------------------

                              definitions

    Sec. 2.\2\ For the purpose of this Act--
          (1) The term ``Convention'' means the International 
        Convention for the Conservation of Atlantic Tunas, 
        signed at Rio de Janeiro May 14, 1966, including any 
        amendments or protocols which are or become effective 
        for the United States.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 971.
---------------------------------------------------------------------------
          (2) The term ``Commission'' means the International 
        Commission for the Conservation of Atlantic Tunas 
        provided for in article III of the Convention.
          (3) \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.
---------------------------------------------------------------------------
    \3\ Sec. 303(1) of Public Law 104-43 (109 Stat. 384) redesignated 
paras. (3) through (10) as paras. (4) through (11), respectively, and 
added a new para. (3).
---------------------------------------------------------------------------
          (4) \3\ The term ``Council'' means the Council 
        established within the International Commission for the 
        Conservation of Atlantic Tunas pursuant to article V of 
        the Convention.
          (5) \3\, \4\ The term ``exclusive economic 
        zone'' means an exclusive economic zone as defined in 
        section 3 of the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1802).\5\
---------------------------------------------------------------------------
    \4\ Sec. 303(2) of Public Law 104-43 (109 Stat. 384) struck out 
para. (5), as redesignated, and inserted a new para. (4) (resulting in 
two para. (4)). Subsequently, sec. 202(b)(1)(A) of Public Law 105-384 
(112 Stat. 3452) redesignated the second para. (4) as para. (5). Para. 
(5), as struck out by Public Law 104-43, formerly read as follows:
    ``(5) The term `fisheries zone' means the waters included within a 
zone contiguous to the territorial sea of the United States, of which 
the inner boundary is a line coterminous with the seaward boundary of 
each coastal State, and the outer boundary is a line drawn in such a 
manner that each point on it is two hundred nautical miles from the 
baseline from which the territorial sea is measured; or similar zones 
established by other parties to the Convention to the extent that such 
zones are recognized by the United States.''.
    Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out 
``fisheries zone'' throughout this Act, and inserted in lieu thereof 
``exclusive economic zone''.
    \5\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 2 
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
---------------------------------------------------------------------------
          (6) \3\ The term ``fishing'' means the catching, 
        taking, or fishing for, or the attempted catching, 
        taking, or fishing for any species of fish covered by 
        the Convention, or any activities in support thereof.
          (7) \3\ the term ``fishing vessel'' means any vessel 
        engaged in catching fish or processing or transporting 
        fish loaded on the high seas, or any vessel outfitted 
        for such activities.
          (8) \3\ The term ``Panel'' means any panel 
        established by the Commission pursuant to article VI of 
        the Convention.
          (9) \3\ The term ``person'' means every individual, 
        partnership, corporation, and association subject to 
        the jurisdiction of the United States.
          (10) \3\ The term ``Secretary'' means the Secretary 
        of Commerce.
          (11) \3\ The term ``State'' includes each of the 
        States of the United States, the District of Columbia, 
        the Commonwealth of Puerto Rico, and the territories 
        and possessions of the United States.

                             commissioners

    Sec. 3.\6\ (a)(1) \7\ The United States shall be 
represented by not more than three Commissioners who shall 
serve as delegates of the United States on the Commission, and 
who may serve on the Council and Panels of the Commission as 
provided for in the Convention. Such Commissioners shall be 
appointed by and serve at the pleasure of the President. Not 
more than one such Commissioner shall be a salaried employee of 
any State or political subdivision thereof, or the Federal 
Government. Individuals serving as such Commissioners shall not 
be considered to be Federal employees while performing such 
service, except for purposes of injury compensation or tort 
claims liability as provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, United States 
Code.\8\ The Commissioners shall be entitled to select a 
Chairman and to adopt such rules of procedure as they find 
necessary.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 971a.
    \7\ Sec. 201(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4459) inserted para. designation (1), 
and added new paras. (2) and (3).
    Sec. 201(b) and sec. 202 of that Act also provided the following:
    ``(b) Application to Current Commissioners.--(1) Paragraph (2) of 
section 3(a) of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971a(a)), as added by this section, shall not apply to reappointment of 
an individual as a United States Commissioner of the International 
Commission for the Conservation of Atlantic Tunas (hereinafter in this 
title referred to as a `Commissioner') if that individual is serving in 
that position on the date of enactment of this Act.
    ``(2) An individual serving a term as a Commissioner on the date of 
enactment of this Act shall not, by reason of that term of service, be 
ineligible under paragraph (3)(B) of section 3(a) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971a(a)), as added by this section, 
for reappointment as a Commissioner.
---------------------------------------------------------------------------

``termination of current terms and completion of pending appointments
---------------------------------------------------------------------------

    ``Sec. 202. The term as Commissioner of each individual serving in 
that position on the date of enactment of this Act shall terminate 
March 1, 1991. Not later than that date, the President shall complete 
appointment (or reappointment) of individuals to serve as Commissioners 
on and after that date.''.
    \8\ Sec. 303 of Public Law 106-562 (114 Stat. 2806) added this 
sentence.
---------------------------------------------------------------------------
    (2) \7\ Of the Commissioners appointed under paragraph (1) 
who are not governmental employees--
          (A) one shall be appointed from among individuals 
        with knowledge and experience regarding commercial 
        fishing in the Atlantic Ocean, Gulf of Mexico, or 
        Caribbean Sea; and
          (B) one shall be appointed from among individuals 
        with knowledge and experience regarding recreational 
        fishing in the Atlantic Ocean, Gulf of Mexico, or 
        Caribbean Sea.
    (3) \7\ (A) The term of a Commissioner shall be three 
years.
    (B) An individual appointed in accordance with paragraph 
(2) shall not be eligible to serve more than two consecutive 
terms as a Commissioner.
    (b) The Secretary of State, in consultation with the 
Secretary, may designate from time to time and for periods of 
time deemed appropriate Alternate United States Commissioners 
to the Commission. Any Alternate United States Commissioner may 
exercise at any meeting of the Commission, Council, any Panel, 
or the advisory committee established pursuant to section 4 of 
this Act, all powers and duties of a United States Commissioner 
in the absence of any Commissioner appointed pursuant to 
subsection (a) of this section for whatever reason. The number 
of such Alternate United States Commissioners that may be 
designated for any such meeting shall be limited to the number 
of United States Commissioners appointed pursuant to subsection 
(a) of this section who will not be present at such meeting.
    (c) The United States Commissioners or Alternate 
Commissioners, although officers of the United States while so 
serving, shall receive no compensation for their services as 
such Commissioners or Alternate Commissioners.
    (d) \9\ (1) The Secretary of States shall pay the necessary 
travel expenses of United States Commissioners, Alternate 
United States Commissioners, and authorized advisors in 
accordance with the Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 of title 5, United 
States Code.
---------------------------------------------------------------------------
    \9\ Sec. 203 of the Fishery Conservation Amendments of 1990 (Public 
Law 101-627; 104 Stat. 4459) added subsec. (d).
---------------------------------------------------------------------------
    (2) The Secretary may reimburse the Secretary of State for 
amounts expended by the Secretary of State under this 
subsection.

                           advisory committee

    Sec. 4.\10\ (a) \11\ There is established an advisory 
committee which shall be composed of--
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 971b.
    \11\ Sec. 304 of Public Law 104-43 (109 Stat. 384) added subsec. 
designation ``(a)'' and added subsec. (b).
---------------------------------------------------------------------------
          (1) not less than five nor more than twenty 
        individuals appointed by the United States 
        Commissioners who shall select such individuals from 
        the various groups concerned with the fisheries covered 
        by the Convention; and
          (2) the chairmen (or their designees) of the New 
        England, Mid-Atlantic, South Atlantic, Caribbean, and 
        Gulf Fishery Management Councils established under 
        section 302(a) of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 
        1852(a)).\12\
---------------------------------------------------------------------------
    \12\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 4 
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
---------------------------------------------------------------------------
Each member of the advisory committee appointed under paragraph 
(1) shall serve for a term of two years and shall be eligible 
for reappointment.\13\ Members of the advisory committee may 
attend all public meetings of the Commission, Council, or any 
Panel and any other meetings to which they are invited by the 
Commission, Council, or any Panel. The advisory committee shall 
be invited to attend all nonexecutive meetings of the United 
States Commissioners and at such meetings shall be given 
opportunity to examine and to be heard on all proposed programs 
of investigation, reports, recommendations, and regulations of 
the Commission. Members of the advisory committee shall receive 
no compensation for their services as such members. The 
Secretary and the Secretary of State may pay the necessary 
travel expenses of members of the advisory committee in 
accordance with the Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 of title 5, United 
States Code.\14\
---------------------------------------------------------------------------
    \13\ Sec. 1(1)(C) of Public Law 96-339 (94 Stat. 1069) amended and 
restated sec. 4 to this point. This amendment added to the membership 
of the advisory committee the chairmen of the various Fishery 
Management Councils.
    \14\ Sec. 204 of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4460) amended and restated this 
sentence.
---------------------------------------------------------------------------
    (b) \11\ (1) A majority of the members of the advisory 
committee shall constitute a quorum, but one or more such 
members designated by the advisory committee may hold meetings 
to provide for public participation and to discuss measures 
relating to the United States implementation of Commission 
recommendations.
    (2) The advisory committee shall elect a Chairman for a 2-
year term from among its members.
    (3) The advisory committee shall meet at appropriate times 
and places at least twice a year, at the call of the Chairman 
or upon the request of the majority of its voting members, the 
United States Commissioners, the Secretary, or the Secretary of 
State. Meetings of the advisory committee, except when in 
executive session, shall be open to the public, and prior 
notice of meetings shall be made public in a timely fashion.
    (4)(A) The Secretary shall provide to the advisory 
committee in a timely manner such administrative and technical 
support services as are necessary for the effective functioning 
of the committee.
    (B) The Secretary and the Secretary of State shall furnish 
the advisory committee with relevant information concerning 
fisheries and international fishery agreements.
    (5) The advisory committee shall determine its 
organization, and prescribe its practices and procedures for 
carrying out its functions under this Act, the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et 
seq.),\12\ and the Convention. The advisory committee shall 
publish and make available to the public a statement of its 
organization, practices, and procedures.
    (6) The advisory committee shall, to the maximum extent 
practicable, consist of an equitable balance among the various 
groups concerned with the fisheries covered by the Convention 
and shall not be subject to the Federal Advisory Committee Act 
(5 U.S.C. App.).

                         species working groups

    Sec. 4A.\15\ The United States Commissioners may establish 
species working groups for the purpose of providing advice and 
recommendations to the Commissioners and the advisory committee 
on matters relating to the conservation and management of any 
highly migratory species covered by the Convention. Any species 
working group shall consist of no more than seven members of 
the advisory committee and no more than four scientific or 
technical personnel, as considered necessary by the 
Commissioner.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 971b-1. Sec. 205 of the Fishery Conservation 
Amendments of 1990 (Public Law 101-627; 104 Stat. 4460) added sec. 4A.
---------------------------------------------------------------------------

            secretary of state to act for the united states

    Sec. 5.\16\ (a) The Secretary of State is authorized to 
receive on behalf of the United States, reports, requests, and 
other communications of the Commission, and to act thereon 
directly or by reference to the appropriate authorities. The 
Secretary of State, with the concurrence of the Secretary and, 
for matters relating to enforcement, the Secretary of the 
department in which the Coast Guard is operating, is authorized 
to take appropriate action on behalf of the United States with 
regard to recommendations received from the Commission pursuant 
to article VIII of the Convention. The Secretary and, when 
appropriate, the Secretary of the department in which the Coast 
Guard is operating, shall inform the Secretary of State as to 
what action he considers appropriate within five months of the 
date of the notification of the recommendation from the 
Commission, and again within forty-five days of the additional 
sixty-day period provided by the Convention if any objection is 
presented by another contracting party to the Convention, or 
within thirty days of the date of the notification of an 
objection made within the additional sixty-day period, 
whichever date shall be the later. After any notification from 
the Commission that an objection of the United States is to be 
considered as having no effect, the Secretary shall inform the 
Secretary of State as to what action he considers appropriate 
within forty-five days of the sixty-day period provided by the 
Convention for reaffirming objections. The Secretary of State 
shall take steps under the Convention to insure that a 
recommendation pursuant to article VIII of the Convention does 
not become effective for the United States prior to its 
becoming effective for all contracting parties conducting 
fisheries affected by such recommendation on a meaningful scale 
in terms of their effect upon the success of the conservation 
program, unless he determines, with the concurrence of the 
Secretary, and, for matters relating to enforcement, the 
Secretary of the department in which the Coast Guard is 
operating, that the purposes of the Convention would be served 
by allowing a recommendation to take effect for the United 
States at some earlier time.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 971c.
---------------------------------------------------------------------------
    (b) The Secretary of State, in consultation with the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating, is authorized to enter into 
agreements with any contracting party, pursuant to paragraph 3 
of article IX of the Convention, relating to cooperative 
enforcement of the provisions of the Convention, 
recommendations in force for the United States and such party 
or parties under the Convention, and regulations adopted by the 
United States and such contracting party or parties pursuant to 
recommendations of the Commission. Such agreements may 
authorize personnel of the United States to enforce measures 
under the Convention and under regulations of another party 
with respect to persons under that party's jurisdiction, and 
may authorize personnel of another party to enforce measures 
under the Convention and under United States regulations with 
respect to persons subject to the jurisdiction of the United 
States. Enforcement under such an agreement may not take place 
within the territorial seas or exclusive economic zone \17\ of 
the United States. Such agreements shall not subject persons or 
vessels under the jurisdiction of the United States to 
prosecution or assessment of penalties by any court or tribunal 
of a foreign country.
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    \17\ Sec. 303(3) of Public Law 104-43 (109 Stat. 384) struck out 
``fisheries zone'' throughout this Act, and inserted in lieu thereof 
``exclusive economic zone''.
    Subsequently, sec. 202(b)(1)(B) of Public Law 105-384 (112 Stat. 
3452) provided an identical amendment to subsec. (b) by striking out 
``fisheries zone'' and inserting in lieu thereof ``exclusive economic 
zone''.
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                             administration

    Sec. 6.\18\ (a) The Secretary is authorized and directed to 
administer and enforce all of the provisions of the Convention, 
this Act, and regulations issued pursuant thereto, except to 
the extent otherwise provided for in this Act. In carrying out 
such functions the Secretary is authorized and directed to 
adopt such regulations as may be necessary to carry out the 
purposes and objectives of the Convention and this Act, and 
with the concurrence of the Secretary of State, he may 
cooperate with the duly authorized officials of the government 
of any party to the Convention. In addition, the secretary may 
utilize, with the concurrence of the Secretary of the 
department in which the Coast Guard is operating insofar as 
such utilization involves enforcement at sea, with or without 
reimbursement and by agreement with any other Federal 
department or agency, or with any agency of any State, the 
personnel, services, and facilities of that agency for 
enforcement purposes with respect to any vessel in the 
exclusive economic zone,\18\ or wherever found, with respect to 
any vessel documented under the laws of the United States, and 
any vessel numbered or otherwise licensed under the laws of any 
State. When so utilized, such personnel of the States of the 
United States are authorized to function as Federal law 
enforcement agents for these purposes, but they shall not be 
held and considered as employees of the United States for the 
purposes of any laws administered by the Director of the Civil 
Service Commission.\19\
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    \18\ 16 U.S.C. 971d. Sec. 634 of H.R. 5548, as enacted by sec. 
1(a)(2) of Public Law 106-553 (114 Stat. 2762), provided the following:
    ``Sec. 634. None of the funds provided in this or any previous Act, 
or hereinafter made available to the Department of Commerce shall be 
available to issue or renew, for any fishing vessel, any general or 
harpoon category fishing permit for Atlantic bluefin tuna that would 
allow the vessel--
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  ``(1) to use an aircraft to locate, or otherwise assist in fishing for, 
catching, or possessing Atlantic bluefin tuna; or

  ``(2) to fish for, catch, or possessing Atlantic bluefin tuna located by 
the use of an aircraft.''.
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    \19\ In a transfer of functions pursuant to Reorganization Plan No. 
2 of 1978 (43 F.R. 36037; 92 Stat. 3783), effective January 1, 1979, as 
provided in Executive Order 12107 (44 F.R. 1055; December 28, 1978), 
``Director of the Office of Personnel Management'' has been substituted 
for ``Civil Service Commission'' in the U.S. Code.
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    (b) Enforcement activities at sea under the provisions of 
this Act for fishing vessels subject to the jurisdiction of the 
United States shall be primarily the responsibility of the 
Secretary of the department in which the Coast Guard is 
operating, in cooperation with the Secretary and the United 
States Customs Service. The Secretary after consultation with 
the Secretary of the department in which the Coast Guard is 
operating, shall adopt such regulations as may be necessary to 
provide for procedures and methods of enforcement pursuant to 
article IX of the Convention.
    (c) \20\ (1)(A) \21\ Upon favorable action by the Secretary 
of State under section 5(a) of this act on any recommendation 
of the Commission made pursuant to article VIII of the 
Convention, the Secretary shall promulgate, pursuant to this 
subsection, such regulations as may be necessary and 
appropriate to carry out such recommendation.
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    \20\ Sec. 305(1) of Public Law 104-43 (109 Stat. 385) amended sec. 
6(c) by inserting ``and other measures'' in the caption. Sec. 6(c) of 
this Act, however, does not have subsection captions, and so this 
amendment cannot be executed. In the U.S. Code at 16 U.S.C. 971d(c), 
the subsection caption is amended to read ``Regulations and other 
measures to carry out Commission recommendations''.
    \21\ Sec. 206(a) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4461) added subpara. designation (A), 
and added new subparas. (B) and (C).
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    (B) \21\ Not later than June 30, 1991, the Secretary shall 
promulgate any additional regulations necessary to ensure that 
the United States is in full compliance with all 
recommendations made by the Commission that have been accepted 
by the United States and with other agreements under the 
Convention between the United States and any nation which is a 
party to the Convention.
    (C) \21\ Regulations promulgated under this paragraph 
shall, to the extent practicable, be consistent with fishery 
management plans prepared and implemented under the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.).\22\
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    \22\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' each place it appeared in sec. 6 
and inserted in lieu thereof ``Magnuson-Stevens Fishery''.
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    (2) To promulgate regulations referred to in paragraph (1) 
of this subsection, the Secretary shall publish in the Federal 
Register a general notice of proposed rulemaking and shall 
afford interested persons an opportunity to participate in the 
rulemaking through (A) submission of written data, views, or 
arguments, and (B) oral presentation at a public hearing. Such 
regulations shall be published in the Federal Register and 
shall be accompanied by a statement of the considerations 
involved in the issuance of the regulations, and by a 
statement, based on inquiries and investigations, assessing the 
nature and effectiveness of the measures for the implementation 
of the Commission's recommendations which are being or will be 
carried out by countries whose vessels engage in fishing the 
species subject to such recommendations within the waters to 
which the Convention applies. After publication in the Federal 
Register, such regulations shall be applicable to all vessels 
and persons subject to the jurisdiction of the United States on 
such date as the Secretary shall prescribe. The Secretary shall 
suspend at any time the application of any such regulation 
when, after consultation with the Secretary of State and the 
United States Commissioners, he determines that fishing 
operations in the Convention area of a contracting party for 
whom the regulations are effective are such as to constitute a 
serious threat to the achievement of the Commission's 
recommendations.
    (3) The regulations required to be promulgated under 
paragraph (1) of this subsection may--
          (A) select for regulation one or more of the species 
        covered by the Convention;
          (B) divide the Convention waters into areas;
          (C) establish one or more open or closed seasons as 
        to each such area;
          (D) limit the size of the fish and quantity of the 
        catch which may be taken from each area within any 
        season during which fishing is allowed;
          (E) limit or prohibit the incidental catch of a 
        regulated species which may be retained, taken, 
        possessed, or landed by vessels of persons fishing for 
        other species of fish;
          (F) require records of operations to be kept by any 
        master or other person in charge of any fishing vessel;
          (G) require such clearance certificates for vessels 
        as may be necessary to carry out the purposes of the 
        Convention and this Act;
          (H) require proof satisfactory to the Secretary that 
        any fish subject to regulation pursuant to a 
        recommendation of the Commission offered for entry into 
        the United States has not been taken or retained 
        contrary to the recommendations of the Commission made 
        pursuant to article VIII of the Convention which have 
        been adopted as regulations pursuant to this section; 
        \23\
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    \23\ Sec. 206(b) of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4461) struck out ``; and'' and inserted 
in lieu thereof a semicolon at the end of subpara. (H); struck out 
subpara. (I) and inserted a new subpara. (I); and added new subparas. 
(J) and (K).
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          (I) \23\ require any commercial or recreational 
        fisherman to obtain a permit from the Secretary and 
        report the quantity of the catch of a regulated 
        species;
          (J) \23\ require that observers be carried aboard 
        fishing vessels for the purpose of providing 
        statistically reliable scientific data; and
          (K) \23\ impose such other requirements and provide 
        for such other measures as the Secretary may determine 
        necessary to implement any recommendation of the 
        Convention or to obtain scientific data necessary to 
        accomplish the purpose of the Convention;
except that no regulation promulgated under this section may 
have the effect of increasing or decreasing any allocation or 
quota of fish or fishing mortality level \24\ to the United 
States agreed to pursuant to a recommendation of the 
Commission.
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    \24\ Sec. 305(2) of Public Law 104-43 (109 Stat. 385) inserted ``or 
fishing mortality level''.
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    (4) Upon the promulgation of regulations provided for in 
paragraph (3) of this subsection, the Secretary shall 
promulgate, with the concurrence of the Secretary of State and 
pursuant to the procedures prescribed in paragraph (2) of this 
subsection, additional regulations which shall become effective 
simultaneously with the application of the regulations provided 
for in paragraph (3) of this subsection, which prohibit--
          (A) the entry into the United States of fish in any 
        form of those species which are subject to regulation 
        pursuant to a recommendation of the Commission and 
        which were taken from the Convention area in such 
        manner or in such circumstances as would tend to 
        diminish the effectiveness of the conservation 
        recommendations of the Commission; and
          (B) the entry into the United States, from any 
        country when the vessels of such country are being used 
        in the conduct of fishing operations in the Convention 
        area in such manner or in such circumstances as would 
        tend to diminish the effectiveness of the conservation 
        recommendations of the Commission, of fish in any form 
        of those species which are subject to regulation 
        pursuant to a recommendation of the Commission and 
        which were taken from the Convention area.
    (5) In the case of repeated and flagrant fishing operations 
in the Convention area by the vessels of any country which 
seriously threaten the achievement of the objectives of the 
Commission's recommendations, the Secretary, with the 
concurrence of the Secretary of State, may by regulations 
promulgated pursuant to paragraph (2) of this subsection 
prohibit the entry in any form from such country of other 
species covered by the Convention as may be under investigation 
by the Commission and which were taken in the Convention area. 
Any such prohibition shall continue until the Secretary is 
satisfied that the condition warranting the prohibition no 
longer exists, except that all fish in any form of the species 
under regulation which were previously prohibited from entry 
shall continue to be prohibited from entry.
          (6) \25\ Identification and notification.--
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    \25\ Sec. 305(3) of Public Law 104-43 (109 Stat. 385) added new 
paras. (6) and (7).
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                  (A) Not later than July 1, 1996, and annually 
                thereafter, the Secretary, in consultation with 
                the Secretary of State, the Commissioners, and 
                the advisory committee, shall--
                          (i) identify those nations whose 
                        fishing vessels are fishing, or have 
                        fished during the preceding calendar 
                        year, within the convention area in a 
                        manner or under circumstances that 
                        diminish the effectiveness of a 
                        conservation recommendation;
                          (ii) notify the President and the 
                        nation so identified, including an 
                        explanation of the reasons therefor; 
                        and
                          (iii) publish a list of those Nations 
                        identified under clause (i).\26\
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    \26\ Sec. 202(b)(1)(C) of Public Law 105-384 (112 Stat. 3452) stuck 
out ``subparagraph (A)'', and inserted in lieu thereof ``clause (i)'', 
and designated the final sentence of subpara. (A) as subpara. (B).
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                  (B) \26\ 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) \25\ 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.
    (d) \27\ (1) It is the sense of the Congress that the 
Secretary, in consultation with the Secretary of State, should 
seek support for a recommendation by the Commission to ban 
large-scale driftnet fishing (as that term is defined in 
section 3(16) of the Magnuson-Stevens Fishery Conservation and 
Management Act) \22\ in the Convention area.
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    \27\ Sec. 207 of the Fishery Conservation Amendments of 1990 
(Public Law 101-627; 104 Stat. 4461) amended and restated subsec. (d).
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    (2) The Secretary, in consultation with the Secretary of 
State, shall request the Commission to adopt recommendations 
necessary for the conservation and management of Atlantic 
swordfish. In making the request, the Secretary shall seek the 
establishment of an international minimum harvest size and a 
reduction in harvest levels to the extent necessary to conserve 
the stock. Until the Commission adopts all the conservation and 
management measures requested by the Secretary, the Secretary, 
within 3 months after each annual meeting of the Commission, 
shall notify Congress as to the nature and results of his 
request. These notifications shall identify those nations not 
acting to conserve and manage Atlantic swordfish, and recommend 
measures which could be taken to achieve effective 
international conservation and management of the stock.

     violations; fines and forfeitures; application of related laws

    Sec. 7.\28\ (a) It shall be unlawful--
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    \28\ 16 U.S.C. 971e.
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          (1) for any person in charge of a fishing vessel or 
        any fishing vessel subject to the jurisdiction of the 
        United States to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act; 
        or
          (2) for any person subject to the jurisdiction of the 
        United States to ship, transport, purchase, sell, offer 
        for sale, import, export, or have in custody, 
        possession, or control any fish which he knows, or 
        should have known, were taken or retained contrary to 
        the recommendations of the Commission made pursuant to 
        article VIII of the Convention and adopted as 
        regulations pursuant to section 6 of this Act, without 
        regard to the citizenship of the person or vessel which 
        took the fish.
    (b) It shall be unlawful for the master or any person in 
charge of any fishing vessel subject to the jurisdiction of the 
United States to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports as are required 
by regulations adopted pursuant to this Act to be made, kept, 
or furnished by such master or person.
    (c) It shall be unlawful for the master or any person in 
charge of any fishing vessel subject to the jurisdiction of the 
United States to refuse to permit any person authorized to 
enforce the provisions of this Act and any regulations adopted 
pursuant thereto, to board such vessel and inspect its catch, 
equipment, books, documents, records, or other articles or 
question the persons onboard in accordance with the provisions 
of this Act, or the Convention, as the case may be, or to 
obstruct such officials in the execution of such duties.
    (d) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to section 6 (c) 
or (d) of this Act, from any country, any fish in any form of 
those species subject to regulation pursuant to a 
recommendation of the Commission, or any fish in any form not 
under regulation but under investigation by the Commission, 
during the period such fish have been denied entry in 
accordance with the provisions of section 6 (c) or (d) of this 
Act. In the case of any fish as described in this subsection 
offered for entry in the United States, the Secretary shall 
require proof satisfactory to him that such fish is not 
ineligible for such entry under the terms of section 6 (c) or 
(d) of this Act.
    (e) \29\ The civil penalty and permit sanctions of section 
308 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1858) \30\ are hereby made applicable to 
violations of this section as if they were violations of 
section 307 of that Act.
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    \29\ Sec. 306 of Public Law 104-43 (109 Stat. 385) amended and 
restated subsec. (e).
    \30\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 202(b)(1)(F) of Public Law 105-384 (112 Stat. 
3453) struck out ``Magnuson Fishery'' and inserted in lieu thereof 
``Magnuson-Stevens Fishery''.
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    (f) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.
    (g) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
Act, insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act.

                              enforcement

    Sec. 8.\31\ (a) Any person authorized in accordance with 
the provisions of this Act to enforce a provision of this Act 
and the regulations issued thereunder may--
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    \31\ 16 U.S.C. 971f.
---------------------------------------------------------------------------
          (1) with or without a warrant, board any vessel 
        subject to the jurisdiction of the United States and 
        inspect such vessel and its catch, if as a result of 
        such inspection, he has reasonable cause to believe 
        that such vessel or any person on board is engaging in 
        operations in violation of this Act or any regulations 
        issued thereunder, he may, with or without a warrant or 
        other process, arrest such person;
          (2) arrest, with or without a warrant, any person who 
        violates the provisions of this Act or any regulation 
        issued thereunder in his presence or view;
          (3) execute any warrant or other process issued by an 
        officer or court of competent jurisdiction; and
          (4) seize, whenever and wherever lawfully found, all 
        fish taken or retained by a vessel subject to the 
        jurisdiction of the United States in violation of the 
        provisions of this Act or any regulations issued 
        pursuant thereto. Any fish so seized may be disposed of 
        pursuant to an order of a court of competent 
        jurisdiction, or, if perishable, in a manner prescribed 
        by regulation of the Secretary.
    (b) To the extent authorized under the convention or by 
agreements between the United States and any contracting party 
concluded pursuant to section 5(b) of this Act for 
international enforcement, the duly authorized officials of 
such party shall have the authority to carry out the 
enforcement activities specified in section 8(a) of this Act 
with respect to persons or vessels subject to the jurisdiction 
of the United States, and the officials of the United States 
authorized pursuant to this section shall have the authority to 
carry out the enforcement activities specified in section 8(a) 
of this Act with respect to persons or vessels subject to the 
jurisdiction of such party, except that where any agreement 
provides for arrest or seizure of persons or vessels under 
United States jurisdiction it shall also provide that the 
person or vessel arrested or seized shall be promptly handed 
over to a United States enforcement officer or another 
authorized United States official.
    (c) Notwithstanding the provisions of section 2464 of title 
28, United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshall or other officer shall stay the execution of such 
process, or discharge any fish seized if the process has been 
levied, on receiving from the claimant of the fish a bond or 
stipulation for the value of the property with sufficient 
surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court. In the discretion of the accused, and 
subject to the direction of the court, the fish may be sold for 
not less than its reasonable market value at the time of 
seizure and the proceeds of such sale placed in the registry of 
the court pending judgment in the case.

cooperation: commission's functions not restrained by this act or state 
                                  laws

    Sec. 9.\32\ (a) The United States Commissioners, through 
the Secretary of State and with the concurrence of the agency, 
institution, or organization concerned, may arrange for the 
cooperation of agencies of the United States Government, and of 
State and private institutions and organizations in carrying 
out the provisions of article IV of the Convention.
---------------------------------------------------------------------------
    \32\ 16 U.S.C. 971g.
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    (b) All agencies of the Federal Government are authorized, 
upon the request of the Commission, to cooperate in the conduct 
of scientific and other programs, and to furnish facilities and 
personnel for the purpose of assisting the Commission in 
carrying out its duties under the Convention.
    (c) None of the prohibitions deriving from this Act, or 
contained in the laws or regulations of any State, shall 
prevent the Commission from conducting or authorizing the 
conduct of fishing operations and biological experiments at any 
time for purposes of scientific investigation, or shall prevent 
the Commission from discharging any other duties prescribed by 
the Convention.
    (d)(1) Except as provided in paragraph (2) of this 
subsection, nothing in this Act shall be construed so as to 
diminish or to increase the jurisdiction of any State in the 
territorial sea of the United States.
    (2) In the event a State does not request a formal hearing 
and after notice by the Secretary, the regulations promulgated 
pursuant to this Act to implement recommendations of the 
Commission shall apply within the boundaries of any State 
bordering on any Convention area if the Secretary determines 
that any such State--
          (A) has not, within a reasonable period of time after 
        the promulgation of regulations pursuant to this Act, 
        enacted laws or promulgated regulations which implement 
        any such recommendation of the Commission within the 
        boundaries of such State; or
          (B) has enacted laws or promulgated regulations which 
        (i) are less restrictive than the regulations 
        promulgated pursuant to this Act, or (ii) are not 
        effectively enforced.
If a State requests the opportunity for an agency hearing on 
the record, the Secretary shall not apply regulations 
promulgated pursuant to this act within that State's boundaries 
unless the hearing record supports a determination under 
paragraph (A) or (B). Such regulations shall apply until the 
Secretary determines that the State is effectively enforcing 
within its boundaries measures which are not less restrictive 
than such regulations.
    (e) To insure that the purposes of subsection (d) are 
carried out, the Secretary shall undertake a continuing review 
of the laws and regulations of all States to which subsection 
(d) applies or may apply and the extent to which such laws and 
regulations are enforced.

                    authorization of appropriations

    Sec. 10.\33\ (a) In General.--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:
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    \33\ 16 U.S.C. 971h. Sec. 304 of the Fisheries Conservation Act of 
2002 (title III of Public Law 107-372; 116 Stat. 3096) amended and 
restated sec. 10. Previously, Public Law 95-33 (91 Stat. 173) extended 
the authorization through fiscal year 1980. Sec. 1(2) of Public Law 96-
339 (94 Stat. 1069) further extended the authorization of 
appropriations through fiscal year 1983. Sec. 101 of Public Law 98-44 
(97 Stat. 216) extended the authorization of appropriations through 
fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737) 
extended the authorization through fiscal year 1989. Sec. 208 of the 
Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 
4462) further amended and restated sec. 10, extending the authorization 
of appropriations through fiscal year 1993. Sec. 307 of the Atlantic 
Tunas Convention Authorization Act of 1995 (Public Law 104-43; 109 
Stat. 386) further amended and restated sec. 10, extending the 
authorization of appropriations through fiscal year 1998. Sec. 202(a) 
of Public Law 105-384 (112 Stat. 3452) further extended the 
authorization of appropriations through fiscal year 2001.
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          (1) For each of fiscal years 2003 and 2004, 
        $5,480,000.
          (2) For each of fiscal years 2005 and 2006, 
        $5,495,000.
    (b) Allocation.--Of amounts available under this section 
for each fiscal year--
          (1) $150,000 are authorized for the advisory 
        committee established under section 4 and the species 
        working groups established under section 4A; and
          (2) $4,240,000 are authorized for research activities 
        under this Act and the Act of September 4, 1980 (16 
        U.S.C. 971i).

                             annual report

    Sec. 11.\34\ 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--
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    \34\ Sec. 308 of Public Law 104-43 (109 Stat. 386) added this 
second sec. 11, and a new sec. 12. Subsequently, sec. 202(b)(1)(E) of 
Public Law 105-384 (112 Stat. 3453) amended the style of the heading 
and designation for secs. 11 and 12 so as to conform to the style of 
the headings and designations of the other sections in the Act. Sec. 
202(b)(1)(D) of Public Law 105-384 (112 Stat. 3452) further 
redesignated the first sec. 11 as sec. 13.
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          (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.

                             savings clause

    Sec. 12.\34\ Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any Nation under 
Article VIII(3) of the Convention.

                              separability

    Sec. 13.\35\ If any provision of this Act or the 
application of such provision to any circumstance or persons 
shall be held invalid, the validity of the remainder of the Act 
and the applicability of such provision to other circumstances 
or persons shall not be affected thereby.
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    \35\ 16 U.S.C. 971 note. Sec. 202(b)(1)(D) of Public Law 105-384 
(112 Stat. 3452) redesignated the first sec. 11 as sec. 13.
                        4. Fisheries Act of 1995

 Partial text of Public Law 104-43 [H.R. 716], 109 Stat. 366, approved 
   November 3, 1995; as amended by Public Law 104-208 [Department of 
  Commerce and Related Agencies Appropriations Act; title II of sec. 
 101(a) of title I of Public Law 104-208; H.R. 3610], 110 Stat. 3009, 
approved September 30, 1996; Public Law 104-297 [Sustainable Fisheries 
Act; S. 39], 110 Stat. 3559, approved October 11, 1996; Public Law 105-
384 [H.R. 3461], 112 Stat. 3451, approved November 13, 1998; Public Law 
 106-562 [H.R. 1653], 114 Stat. 2794, approved December 23, 2000; and 
Public Law 107-372 [Hydrographic Services Improvement Act Amendments of 
      2002; H.R. 4883], 116 Stat. 3077, approved December 19, 2002

            AN ACT To amend the Fishermen's Protective Act.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``Fisheries Act of 1995''.
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    \1\ 16 U.S.C. 5501 note.
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SEC. 2. TABLE OF CONTENTS. * * *

                 TITLE I--HIGH SEAS FISHING COMPLIANCE

 SEC. 101.\1\ SHORT TITLE.

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

SEC. 102.\2\ PURPOSE.

    It is the purpose of this Act--
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    \2\ 16 U.S.C. 5501.
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          (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.\3\ DEFINITIONS.

    As used in this Act--
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    \3\ 16 U.S.C. 5502.
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          (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 or subject to the 
        jurisdiction of the United States \4\ used or intended 
        for use--
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    \4\ Sec. 305 of Public Law 106-562 (114 Stat. 2807) inserted ``or 
subject to the jurisdiction of the United States''.
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                  (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.\5\ 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.
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    \5\ 16 U.S.C. 5503.
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    (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-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1855); \6\ and
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    \6\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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          (2) The permit holder shall report such information 
        as the Secretary by regulation requires, including area 
        of fishing operations and catch statistics. The 
        Secretary shall promulgate regulations concerning 
        conditions under which information submitted under this 
        paragraph may be released.
    (e) Fees.--
          (1) The Secretary shall by regulation establish the 
        level of fees to be charged for permits issued under 
        this section. The amount of any fee charged for a 
        permit issued under this section shall not exceed the 
        administrative costs incurred in issuing such permits. 
        The permitting fee may be in addition to any fee 
        required under any regional permitting regime 
        applicable to high seas fishing vessels.
          (2) The fees authorized by paragraph (1) shall be 
        collected and credited to the Operations, Research and 
        Facilities account of the National Oceanic and 
        Atmospheric Administration. Fees collected under this 
        subsection shall be available for the necessary 
        expenses of the National Oceanic and Atmospheric 
        Administration in implementing this Act, and shall 
        remain available until expended.
    (f) Duration.--A permit issued under this section is valid 
for 5 years. A permit issued under this section is void in the 
event the vessel is no longer eligible for United States 
documentation, such documentation is revoked or denied, or the 
vessel is deleted from such documentation.

SEC. 105.\7\ 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).
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    \7\ 16 U.S.C. 5504.
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    (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-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.).\6\
    (e) Notice of International Conservation and Management 
Measures.--The Secretary, in consultation with the Secretary of 
State, shall publish in the Federal Register, from time to 
time, a notice listing international conservation and 
management measures recognized by the United States.

SEC. 106.\8\ UNLAWFUL ACTIVITIES.

    It is unlawful for any person subject to the jurisdiction 
of the United States--
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    \8\ 16 U.S.C. 5505.
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          (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.\9\ 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.
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    \9\ 16 U.S.C. 5506.
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    (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. 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.\10\ 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.
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    \10\ 16 U.S.C. 5507.
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          (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.\11\ 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.
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    \11\ 16 U.S.C. 5508.
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    (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.\12\ 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.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 5509.
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    (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.\13\ EFFECTIVE DATE.

    This title shall take effect 120 days after the date of 
enactment of this Act.
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    \13\ 16 U.S.C. 5501 note.
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     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
            COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

SEC. 201.\14\ SHORT TITLE.

    This title may be cited as the ``Northwest Atlantic 
Fisheries Convention Act of 1995''.
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    \14\ 16 U.S.C. 5601 note.
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SEC. 202.\15\ 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--
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 5601.
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                  (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-Stevens Act (16 
                U.S.C. 1852); \16\ and
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    \16\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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                  (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.\17\ 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--
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 5602.
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          (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.\18\ AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
                    CONVENTION.

    The Secretary of State may, on behalf of the Government of 
the United States--
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 5603.
---------------------------------------------------------------------------
          (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.\19\ 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.
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 5604.
---------------------------------------------------------------------------
    (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.\20\ 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.
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    \20\ 16 U.S.C. 5605.
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SEC. 207.\21\ PROHIBITED ACTS AND PENALTIES.

    (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 5606.
---------------------------------------------------------------------------
          (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-Stevens Act (16 
U.S.C. 1858).\16\
    (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-Stevens Act (16 U.S.C. 1859(b)).\16\
    (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-Stevens Act (16 U.S.C. 
        1860).\16\
          (2) Disposal of fish.--Any fish seized pursuant to 
        this title may be disposed of pursuant to the order of 
        a court of competent jurisdiction or, if perishable, in 
        a manner prescribed by regulations issued by the 
        Secretary.
    (e) Enforcement.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
the provisions of this title and shall have the authority 
specified in section \22\ 311 (a), (b)(1), and (c) of the 
Magnuson-Stevens Act (16 U.S.C. 1861 (a), (b)(1), and (c)) \16\ 
for that purpose.
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    \22\ Sec. 201(b)(1) of Public Law 105-384 (112 Stat. 3451) struck 
out ``sections'' and inserted in lieu thereof ``section''.
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    (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.\23\ 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.
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    \23\ 16 U.S.C. 5607.
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    (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.\24\ 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--
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    \24\ 16 U.S.C. 5608.
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          (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 
171 \25\ of title 28, United States Code, respectively.
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    \25\ Sec. 201(b)(2) of Public Law 105-384 (112 Stat. 3451) struck 
out ``chapter 17'' and inserted in lieu thereof ``chapter 171''.
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SEC. 210.\26\ DEFINITIONS.

    In this title the following definitions apply:
---------------------------------------------------------------------------
    \26\ 16 U.S.C. 5609.
---------------------------------------------------------------------------
          (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-stevens act.--The term ``Magnuson-
        Stevens Act'' means the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).\27\
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    \27\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    Subsequently, sec. 201(b)(3) of Public Law 105-384 (112 Stat. 3451) 
effectively made the same amendment by striking out ``the Magnuson 
Fishery'' and inserting in lieu thereof ``the Magnuson-Stevens 
Fishery''.
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          (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.\28\ 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 fiscal year through fiscal 
year 2006.\29\
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    \28\ 16 U.S.C. 5610.
    \29\ Sec. 201(a) of Public Law 105-384 (112 Stat. 3451) struck out 
the authorization of appropriations for fiscal years 1995 through 1998 
and inserted in lieu thereof the authorization of appropriations 
through fiscal year 2001.
    Subsequently, sec. 305 of the Fisheries Conservation Act of 2002 
(title III of Public Law 107-372; 116 Stat. 3096) struck out ``2001'' 
and inserted in lieu thereof ``2006''.
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SEC. 212.\30\ ANNUAL REPORT.

    The Secretary shall annually report to the Congress on the 
activities of the Fisheries Commission, the General Council, 
the Scientific Council, and the consultative committee 
established under section 208.
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    \30\ 16 U.S.C. 5611. Sec. 201(c) of Public Law 105-384 (112 Stat. 
3452) added sec. 212.
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SEC. 213.\31\ QUOTA ALLOCATION PRACTICE.

    (a) In General.--The Secretary of Commerce, acting through 
the Secretary of State, shall promptly seek to establish a new 
practice for allocating quotas under the Convention that--
---------------------------------------------------------------------------
    \31\ 16 U.S.C. 5612. Sec. 201(d) of Public Law 105-384 (112 Stat. 
3452) added sec. 213.
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          (1) is predictable and transparent;
          (2) provides fishing opportunities for all members of 
        the Organization; and
          (3) is consistent with the Straddling Fish Stocks 
        Agreement.
    (b) Report.--The Secretary of Commerce shall include in 
annual reports under section 212--
          (1) a description of the results of negotiations held 
        pursuant to subsection (a);
          (2) an identification of barriers to achieving such a 
        new allocation practice; and
          (3) recommendations for any further legislation that 
        is necessary to achieve such a new practice.
    (c) Definition.--In this section the term ``Straddling Fish 
Stocks Agreement'' means the United Nations Agreement for the 
Implementation of the Provisions of the United Nations 
Convention on the Law of the Sea of 10 December 1982 Relating 
to the Conservation and Management of Straddling Fish Stocks 
and Highly Migratory Fish Stocks.

                TITLE III--ATLANTIC TUNAS CONVENTION ACT

SEC. 301.\32\ SHORT TITLE.

    This title may be cited as the ``Atlantic Tunas Convention 
Authorization Act of 1995''.
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    \32\ 16 U.S.C. 971 note.
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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) \33\ Research and Monitoring Program.--Section 3 of the 
Act of September 4, 1980 (16 U.S.C. 971i) is amended-- * * *
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    \33\ The Act of September 4, 1980--Atlantic Tunas Convention Act of 
1975, Appropriation Authorization--may be found at page 194.
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          * * * * * * * \34\
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    \34\ Secs. 303 through 308 of this Act amended the Atlantic Tunas 
Convention Act of 1975.
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SEC. 309. MANAGEMENT OF ATLANTIC YELLOWFIN TUNA.

    (a) Not later than 90 days after the date of the enactment 
of this Act, the Secretary of Commerce in accordance with this 
section shall publish a preliminary determination of the level 
of the United States recreational and commercial catch of 
Atlantic yellowfin tuna on an annual basis since 1980. The 
Secretary shall publish a preliminary determination in the 
Federal Register for comment for a period not to exceed 60 
days. The Secretary shall publish a final determination not 
later than 140 days from the date of the enactment of this 
section.
    (b) Not later than July 1, 1997,\35\ 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)).
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    \35\ Sec. 406 of the Sustainable Fisheries Act (Public Law 104-297; 
110 Stat. 3621) struck out ``July 1, 1996'' and inserted in lieu 
thereof `` July 1, 1997''.
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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.\36\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \36\ 22 U.S.C. 1980a note.
---------------------------------------------------------------------------
          (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) * * *
    (b) * * *
    (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).
---------------------------------------------------------------------------
    \37\ Sec. 403 amended sec. 7 of the Fishermen's Protective Act.
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SEC. 403.\37\ REAUTHORIZATION. * * *

SEC. 404. TECHNICAL CORRECTIONS.

    (a)(1) Section 15(a) of Public Law 103-238 is amended by 
striking ``April 1, 1994,'' and inserting ``May 1, 1994.''.
    (2) The amendment made by paragraph (1) shall be effective 
on and after April 30, 1994.
    (b) * * *

        TITLE V--FISHERIES ENFORCEMENT IN CENTRAL SEA OF OKHOTSK

SEC. 501.\38\ SHORT TITLE.

    This title may be cited as the ``Sea of Okhotsk Fisheries 
Enforcement Act of 1995''.
---------------------------------------------------------------------------
    \38\ 16 U.S.C. 1823 note.
    \39\ Sec. 502 amended the Central Bering Sea Fisheries Enforcement 
Act of 1992.
---------------------------------------------------------------------------

SEC. 502.\39\ FISHING PROHIBITION. * * *

                     TITLE VI--DRIFTNET MORATORIUM

SEC. 601.\40\ SHORT TITLE.

    This title may be cited as the ``High Seas Driftnet Fishing 
Moratorium Protection Act''.
---------------------------------------------------------------------------
    \40\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------

SEC. 602.\41\ FINDINGS.

    The Congress finds that--
---------------------------------------------------------------------------
    \41\ 16 U.S.C. 1826d note.
---------------------------------------------------------------------------
          (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.\42\ 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.
---------------------------------------------------------------------------
    \42\ 16 U.S.C. 1826d.
---------------------------------------------------------------------------

SEC. 604.\43\ 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.
---------------------------------------------------------------------------
    \43\ 16 U.S.C. 1826e.
---------------------------------------------------------------------------

SEC. 605.\44\ 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.
---------------------------------------------------------------------------
    \44\ 16 U.S.C. 1826f.
---------------------------------------------------------------------------

SEC. 606.\45\ 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.
---------------------------------------------------------------------------
    \45\ 16 U.S.C. 1826g.
---------------------------------------------------------------------------

                   TITLE VII--YUKON RIVER SALMON ACT

SEC. 701.\46\ SHORT TITLE.

    This title may be cited as the ``Yukon River Salmon Act of 
1995''.
---------------------------------------------------------------------------
    \46\ 16 U.S.C. 5701 note.
---------------------------------------------------------------------------

SEC. 702.\47\ PURPOSES.

    It is the purpose of this title--
---------------------------------------------------------------------------
    \47\ 16 U.S.C. 5701.
---------------------------------------------------------------------------
          (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.\48\ DEFINITIONS.

    As used in this title--
---------------------------------------------------------------------------
    \48\ 16 U.S.C. 5702.
---------------------------------------------------------------------------
          (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.\49\ PANEL.

    (a) Representation.--The United States shall be represented 
on the Panel by six individuals, of whom--
---------------------------------------------------------------------------
    \49\ 16 U.S.C. 5703.
---------------------------------------------------------------------------
          (1) one shall be an official of the United States 
        Government with expertise in salmon conservation and 
        management;
          (2) one shall be an official of the State of Alaska 
        with expertise in salmon conservation and management; 
        and
          (3) four shall be knowledgeable and experienced with 
        regard to the salmon fisheries on the Yukon River.
    (b) Appointments.--Panel members shall be appointed as 
follows:
          (1) The Panel member described in subsection (a)(1) 
        shall be appointed by the Secretary of State.
          (2) The Panel member described in subsection (a)(2) 
        shall be appointed by the Governor of Alaska.
          (3) The Panel members described in subsection (a)(3) 
        shall be appointed by the Secretary of State from a 
        list of at least 3 individuals nominated for each 
        position by the Governor of Alaska. The Governor of 
        Alaska may consider suggestions for nominations 
        provided by organizations with expertise in Yukon River 
        salmon fisheries. The Governor of Alaska may make 
        appropriate nominations to allow for, and the Secretary 
        of State shall appoint, at least one member 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.\50\ ADVISORY COMMITTEE.

    (a) Appointments.--The Governor of Alaska may appoint an 
Advisory Committee of not less than eight, but not more than 
twelve, individuals who are knowledgeable and experienced with 
regard to the salmon fisheries on the Yukon River. At least 2 
of the Advisory Committee members shall be Alaska Natives. 
Members of the Advisory Committee may attend all meetings of 
the United States section of the Panel, and shall be given the 
opportunity to examine and be heard on any matter under 
consideration by the United States section of the Panel.
---------------------------------------------------------------------------
    \50\ 16 U.S.C. 5704.
---------------------------------------------------------------------------
    (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.\51\ 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.
---------------------------------------------------------------------------
    \51\ 16 U.S.C. 5705.
---------------------------------------------------------------------------

SEC. 707.\52\ AUTHORITY AND RESPONSIBILITY.

    (a) Responsible Management Entity.--The State of Alaska 
Department of Fish and Game shall be the responsible management 
entity for the United States for the purposes of the Agreement.
---------------------------------------------------------------------------
    \52\ 16 U.S.C. 5706.
---------------------------------------------------------------------------
    (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.\53\ 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.
---------------------------------------------------------------------------
    \53\ 16 U.S.C. 5707.
---------------------------------------------------------------------------

SEC. 709.\54\ 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.
---------------------------------------------------------------------------
    \54\ 16 U.S.C. 5708.
---------------------------------------------------------------------------
    (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.\55\ 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--
---------------------------------------------------------------------------
    \55\ 16 U.S.C. 5709.
---------------------------------------------------------------------------
          (1) necessary travel expenses of Panel members, 
        alternate Panel members, United States members of the 
        Joint Technical Committee, and members of the Advisory 
        Committee in accordance with Federal Travel Regulations 
        and sections 5701, 5702, 5704 through 5708, and 5731 of 
        title 5, United States Code;
          (2) the United States share of the joint expenses of 
        the Panel and the Joint Technical Committee: Provided, 
        That Panel members and alternate Panel members shall 
        not, with respect to commitments concerning the United 
        States share of the joint expenses, be subject to 
        section 262(b) of title 22, United States Code, insofar 
        as it limits the authority of United States 
        representatives to international organizations with 
        respect to such commitments;
          (3) not more than $3,000,000 for each fiscal year to 
        the Department of the Interior and to the Department of 
        Commerce for survey, restoration, and enhancement 
        activities related to Yukon River salmon; and
          (4) $400,000 in each of fiscal years 1996, 1997, 
        1998, and 1999 to be contributed to the Yukon River 
        Restoration and Enhancement Fund and used in accordance 
        with the Agreement.

                       TITLE VIII--MISCELLANEOUS

SEC. 801. SOUTH PACIFIC TUNA AMENDMENT.

    Section 9 of the South Pacific Tuna Act of 1988 (16 U.S.C. 
973g) is amended by adding at the end thereof the following: * 
* *

SEC. 802.\56\ FOREIGN FISHING FOR ATLANTIC HERRING AND ATLANTIC 
                    MACKEREL.

    Notwithstanding any other provision of law--
---------------------------------------------------------------------------
    \56\ 16 U.S.C. 1821 note.
---------------------------------------------------------------------------
          (1) no allocation may be made to any foreign nation 
        or vessel under section 201 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.) \57\ in any fishery for which there is not a 
        fishery management plan implemented in accordance with 
        that Act; and
---------------------------------------------------------------------------
    \57\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (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.
                              5. Dolphins

             a. International Dolphin Conservation Program

 Title III of Public Law 92-522 [Marine Mammal Protection Act of 1972; 
 H.R. 10420], 86 Stat. 1027, approved October 21, 1972; as amended by 
  Public Law 102-523 [International Dolphin Conservation Act of 1992; 
 H.R. 5419], 106 Stat. 3425, approved October 26, 1992; and Public Law 
105-42 [International Dolphin Conservation Program Act; H.R. 408], 111 
                  Stat. 1122, approved August 15, 1997

    AN ACT To protect marine mammals, to establish a Marine Mammal 
                  Commission, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act, with the following table of contents, may be cited as the 
``Marine Mammal Protection Act of 1972''.
---------------------------------------------------------------------------
    \1\ Sec. 2(a) of the International Dolphin Conservation Act of 1992 
(Public Law 102-523; 106 Stat. 3425) added title III. Sec. 6(a) of 
Public Law 105-42 (111 Stat. 1129) amended the heading of title III, 
which previously read as follows: ``GLOBAL MORATORIUM TO PROHIBIT 
CERTAIN TUNA HARVESTING PRACTICES''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(a) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under sec. 304(a) of the 
Marine Mammal Protection Act of 1972 and the study has commenced; and 
certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          * * * * * * *

       TITLE III--INTERNATIONAL DOLPHIN CONSERVATION PROGRAM \1\

SEC. 301.\2\ FINDINGS AND POLICY.

    (a) Findings.--The Congress finds the following:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1411.
---------------------------------------------------------------------------
          (1) The yellowfin tuna fishery of the eastern 
        tropical Pacific Ocean has resulted in the deaths of 
        millions of dolphins.
          (2) Significant awareness and increased concern for 
        the health and safety of dolphin populations has 
        encouraged a change in fishing methods worldwide.
          (3) United States tuna fishing vessels have led the 
        world in the development of fishing methods to reduce 
        dolphin mortalities in the eastern tropical Pacific 
        Ocean and United States tuna processing companies have 
        voluntarily promoted the marketing of tuna that is 
        dolphin safe.
          (4) \3\ Nations harvesting yellowfin tuna in the 
        eastern tropical Pacific Ocean have demonstrated their 
        willingness to participate in appropriate multilateral 
        agreements to reduce dolphin mortality progressively to 
        a level approaching zero through the setting of annual 
        limits, with the goal of eliminating dolphin mortality 
        in that fishery. Recognition of the International 
        Dolphin Conservation Program will assure that the 
        existing trend of reduced dolphin mortality continues; 
        that individual stocks of dolphins are adequately 
        protected; and that the goal of eliminating all dolphin 
        mortality continues to be a priority.
---------------------------------------------------------------------------
    \3\ Sec. 6(b)(1) of Public Law 105-42 (111 Stat. 1129) amended and 
restated para. (4), which previously read as following:
    ``(4) Nations harvesting yellowfin tuna in the eastern tropical 
Pacific Ocean have indicated their willingness to participate in 
appropriate multilateral agreements to reduce, and eventually 
eliminate, dolphin mortality in that fishery.''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(b)(1) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
    (b) Policy.--It is the policy of the United States to--
          (1) eliminate the marine mammal mortality resulting 
        from the intentional encirclement of dolphins and other 
        marine mammals in tuna purse seine fisheries;
          (2) \4\ support the International Dolphin 
        Conservation Program and efforts within the Program to 
        reduce, with the goal of eliminating, the mortality 
        referred to in paragraph (1);
---------------------------------------------------------------------------
    \4\ Sec. 6(b)(2) of Public Law 105-42 (111 Stat. 1129) struck out 
paras. (2) and (3) and inserted in lieu thereof new paras. (2) and (3). 
Paras. (2) and (3) previously read as follows:
    ``(2) secure appropriate multilateral agreements to reduce, and 
eventually eliminate, the mortality referred to in paragraph (1);
    ``(3) ensure that the market of the United States does not act as 
an incentive to the harvest of tuna caught in association with dolphins 
or with driftnets;''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(b)(2) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (3) \4\ ensure that the market of the United States 
        does not act as an incentive to the harvest of tuna 
        caught with driftnets or caught by purse seine vessels 
        in the eastern tropical Pacific Ocean not operating in 
        compliance with the International Dolphin Conservation 
        Program;
          (4) secure appropriate multilateral agreements to 
        ensure that United States tuna fishing vessels shall 
        have continued access to productive tuna fishing 
        grounds in the South Pacific Ocean and elsewhere; and
          (5) encourage observer coverage on purse seine 
        vessels fishing for tuna outside of the eastern 
        tropical Pacific Ocean in a fishery in which the 
        Secretary has determined that a regular and significant 
        association occurs between marine mammals and tuna, and 
        in which tuna is harvested through the use of purse 
        seine nets deployed on or to encircle marine mammals.

SEC. 302.\5\ INTERNATIONAL DOLPHIN CONSERVATION PROGRAM.

    The Secretary of State, in consultation with the Secretary, 
shall seek to secure a binding international agreement to 
establish an International Dolphin Conservation Program that 
requires--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 1412. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 302 and inserted in lieu thereof a new sec. 302.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (1) that the total annual dolphin mortality in the 
        purse seine fishery for yellowfin tuna in the eastern 
        tropical Pacific Ocean shall not exceed 5,000 animals 
        with a commitment and objective to progressively reduce 
        dolphin mortality to a level approaching zero through 
        the setting of annual limits;
          (2) the establishment of a per-stock per-year dolphin 
        mortality limit, to be in effect through calendar year 
        2000, at a level between 0.2 percent and 0.1 percent of 
        the minimum population estimate, as calculated, 
        revised, or approved by the Secretary;
          (3) the establishment of a per-stock per-year dolphin 
        mortality limit, beginning with the calendar year 2001, 
        at a level less than or equal to 0.1 percent of the 
        minimum population estimate as calculated, revised, or 
        approved by the Secretary;
          (4) that if a dolphin mortality limit is exceeded 
        under--
                  (A) paragraph (1), all sets on dolphins shall 
                cease for the applicable fishing year; and
                  (B) paragraph (2) or (3), all sets on the 
                stocks covered under paragraph (2) or (3) and 
                any mixed schools that contain any of those 
                stocks shall cease for the applicable fishing 
                year;
          (5) a scientific review and assessment to be 
        conducted in calendar year 1998 to--
                  (A) assess progress in meeting the objectives 
                set for calendar year 2000 under paragraph (2); 
                and
                  (B) as appropriate, consider recommendations 
                for meeting these objectives;
          (6) a scientific review and assessment to be 
        conducted in calendar year 2000--
                  (A) to review the stocks covered under 
                paragraph (3); and
                  (B) as appropriate to consider 
                recommendations to further the objectives set 
                under that paragraph;
          (7) the establishment of a per vessel maximum annual 
        dolphin mortality limit consistent with the established 
        per-year mortality limits, as determined under 
        paragraphs (1) through (3); and
          (8) the provision of a system of incentives to vessel 
        captains to continue to reduce dolphin mortality, with 
        the goal of eliminating dolphin mortality.

SEC. 303.\6\ REGULATORY AUTHORITY OF THE SECRETARY.

    (a) Regulations.--
          (1) The Secretary shall issue regulations, and revise 
        those regulations as may be appropriate, to implement 
        the International Dolphin Conservation Program.
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 1413. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 303 and inserted in lieu thereof a new sec. 303.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (2)(A) The Secretary shall issue regulations to 
        authorize and govern the taking of marine mammals in 
        the eastern tropical Pacific Ocean, including any 
        species of marine mammal designated as depleted under 
        this Act but not listed as endangered or threatened 
        under the Endangered Species Act (16 U.S.C. 1531 et 
        seq.), by vessels of the United States participating in 
        the International Dolphin Conservation Program.
          (B) Regulations issued under this section shall 
        include provisions--
                  (i) requiring observers on each vessel;
                  (ii) requiring use of the backdown procedure 
                or other procedures equally or more effective 
                in avoiding mortality of, or serious injury to, 
                marine mammals in fishing operations;
                  (iii) prohibiting intentional sets on stocks 
                and schools in accordance with the 
                International Dolphin Conservation Program;
                  (iv) requiring the use of special equipment, 
                including dolphin safety panels in nets, 
                monitoring devices as identified by the 
                International Dolphin Conservation Program to 
                detect unsafe fishing conditions that may cause 
                high incidental dolphin mortality before nets 
                are deployed by a tuna vessel, operable rafts, 
                speedboats with towing bridles, floodlights in 
                operable condition, and diving masks and 
                snorkels;
                  (v) ensuring that the backdown procedure 
                during sets of purse seine net on marine 
                mammals is completed and rolling of the net to 
                sack up has begun no later than 30 minutes 
                before sundown;
                  (vi) banning the use of explosive devices in 
                all purse seine operations;
                  (vii) establishing per vessel maximum annual 
                dolphin mortality limits, total dolphin 
                mortality limits and per-stock per-year 
                mortality limits in accordance with the 
                International Dolphin Conservation Program;
                  (viii) preventing the making of intentional 
                sets on dolphins after reaching either the 
                vessel maximum annual dolphin mortality limits, 
                total dolphin mortality limits, or per-stock 
                per-year mortality limits;
                  (ix) preventing the fishing on dolphins by a 
                vessel without an assigned vessel dolphin 
                mortality limit;
                  (x) allowing for the authorization and 
                conduct of experimental fishing operations, 
                under such terms and conditions as the 
                Secretary may prescribe, for the purpose of 
                testing proposed improvements in fishing 
                techniques and equipment that may reduce or 
                eliminate dolphin mortality or serious injury 
                do not require the encirclement of dolphins in 
                the course of commercial yellowfin tuna 
                fishing;
                  (xi) authorizing fishing within the area 
                covered by the International Dolphin 
                Conservation Program by vessels of the United 
                States without the use of special equipment or 
                nets if the vessel takes an observer and does 
                not intentionally deploy nets on, or encircle, 
                dolphins, under such terms and conditions as 
                the Secretary may prescribe; and
                  (xii) containing such other restrictions and 
                requirements as the Secretary determines are 
                necessary to implement the International 
                Dolphin Conservation Program with respect to 
                vessels of the United States.
          (C) Adjustments to requirements.--The Secretary may 
        make such adjustments as may be appropriate to 
        requirements of subparagraph (B) that pertain to 
        fishing gear, vessel equipment, and fishing practices 
        to the extent the adjustments are consistent with the 
        International Dolphin Conservation Program.
    (b) Consultation.--In developing any regulation under this 
section, the Secretary shall consult with the Secretary of 
State, the Marine Mammal Commission, and the United States 
Commissioners to the Inter-American Tropical Tuna Commission 
appointed under section 3 of the Tuna Conventions Act of 1950 
(16 U.S.C. 952).
    (c) Emergency Regulations.--
          (1) If the Secretary determines, on the basis of the 
        best scientific information available (including 
        research conducted under section 304 and information 
        obtained under the International Dolphin Conservation 
        Program) that the incidental mortality and serious 
        injury of marine mammals authorized under this title is 
        having, or is likely to have, a significant adverse 
        impact on a marine mammal stock or species, the 
        Secretary shall--
                  (A) notify the Inter-American Tropical Tuna 
                Commission of his or her determination, along 
                with recommendations to the Commission as to 
                actions necessary to reduce incidental 
                mortality and serious injury and mitigate such 
                adverse impact; and
                  (B) prescribe emergency regulations to reduce 
                incidental mortality and serious injury and 
                mitigate such adverse impact.
          (2) Before taking action under subparagraph (A) or 
        (B) of paragraph (1), the Secretary shall consult with 
        the Secretary of State, the Marine Mammal Commission, 
        and the United States Commissioners to the Inter-
        American Tropical Tuna Commission.
          (3) Emergency regulations prescribed under this 
        subsection--
                  (A) shall be published in the Federal 
                Register, together with an explanation thereof;
                  (B) shall remain in effect for the duration 
                of the applicable fishing year; and
                  (C) may be terminated by the Secretary at an 
                earlier date by publication in the Federal 
                Register of a notice of termination if the 
                Secretary determines that the reasons for the 
                emergency action no longer exist.
          (4) If the Secretary finds that the incidental 
        mortality and serious injury of marine mammals in the 
        yellowfin tuna fishery in the eastern tropical Pacific 
        Ocean is continuing to have a significant adverse 
        impact on a stock or species, the Secretary may extend 
        the emergency regulations for such additional periods 
        as may be necessary.
          (5) Within 120 days after the Secretary notifies the 
        United States Commissioners to the Inter-American 
        Tropical Tuna Commission of the Secretary's 
        determination under paragraph (1)(A), the United States 
        Commissioners shall call for a special meeting of the 
        Commission to address the actions necessary to reduce 
        incidental mortality and serious injury and mitigate 
        the adverse impact which resulted in the determination. 
        The Commissioners shall report the results of the 
        special meeting in writing to the Secretary and to the 
        Secretary of State. In their report, the Commissioners 
        shall--
                  (A) include a description of the actions 
                taken by the harvesting nations or under the 
                International Dolphin Conservation Program to 
                reduce the incidental mortality and serious 
                injury and measures to mitigate the adverse 
                impact on the marine mammal species or stock;
                  (B) indicate whether, in their judgment, the 
                actions taken address the problem adequately; 
                and
                  (C) if they indicate that the actions taken 
                do not address the problem adequately, include 
                recommendations of such additional action to be 
                taken as may be necessary.

SEC. 304.\7\ RESEARCH.

    (a) Required Research.--
          (1) In general.--The Secretary shall, in consultation 
        with the Marine Mammal Commission and the Inter-
        American Tropical Tuna Commission, conduct a study of 
        the effect of intentional encirclement (including 
        chase) on dolphins and dolphin stocks incidentally 
        taken in the course of purse seine fishing for 
        yellowfin tuna in the eastern tropical Pacific Ocean. 
        The study, which shall commence on October 1, 1997, 
        shall consist of abundance surveys as described in 
        paragraph (2) and stress studies as described in 
        paragraph (3), and shall address the question of 
        whether such encirclement is having a significant 
        adverse impact on any depleted dolphin stock in the 
        eastern tropical Pacific Ocean.
---------------------------------------------------------------------------
    \7\ 16 U.S.C. 1414a. Sec. 6(c) of Public Law 105-42 (111 Stat. 
1130) struck out sec. 304 and inserted in lieu thereof a new sec. 304.
---------------------------------------------------------------------------
          (2) Population abundance surveys.--The abundance 
        surveys under this subsection shall survey the 
        abundance of such depleted stocks and shall be 
        conducted during each of the calendar years 1998, 1999, 
        and 2000.
          (3) Stress studies.--The stress studies under this 
        subsection shall include--
                  (A) a review of relevant stress-related 
                research and a 3-year series of necropsy 
                samples from dolphins obtained by commercial 
                vessels;
                  (B) a 1-year review of relevant historical 
                demographic and biological data related to 
                dolphins and dolphin stocks referred to in 
                paragraph (1); and
                  (C) an experiment involving the repeated 
                chasing and capturing of dolphins by means of 
                intentional encirclement.
          (4) Report.--No later than 90 days after publishing 
        the finding under subsection (g)(2) of the Dolphin 
        Protection Consumer Information Act, the Secretary 
        shall complete and submit a report containing the 
        results of the research described in this subsection to 
        the United States Senate Committee on Commerce, 
        Science, and Transportation and the United States House 
        of Representatives Committees on Resources and on 
        Commerce, and to the Inter-American Tropical Tuna 
        Commission.
    (b) Other Research.--
          (1) In general.--In addition to conducting the 
        research described in subsection (a), the Secretary 
        shall, in consultation with the Marine Mammal 
        Commission and in cooperation with the nations 
        participating in the International Dolphin Conservation 
        Program and the Inter-American Tropical Tuna 
        Commission, undertake or support appropriate scientific 
        research to further the goals of the International 
        Dolphin Conservation Program.
          (2) Specific areas of research.--Research carried out 
        under paragraph (1) may include--
                  (A) projects to devise cost-effective fishing 
                methods and gear so as to reduce, with the goal 
                of eliminating, the incidental mortality and 
                serious injury of marine mammals in connection 
                with commercial purse seine fishing in the 
                eastern tropical Pacific Ocean;
                  (B) projects to develop cost-effective 
                methods of fishing for mature yellowfin tuna 
                without setting nets on dolphins or other 
                marine mammals;
                  (C) projects to carry out stock assessments 
                for those marine mammal species and marine 
                mammal stocks taken in the purse seine fishery 
                for yellowfin tuna in the eastern tropical 
                Pacific Ocean, including species or stocks not 
                within waters under the jurisdiction of the 
                United States; and
                  (D) projects to determine the extent to which 
                the incidental take of nontarget species, 
                including juvenile tuna, occurs in the course 
                of purse seine fishing for yellowfin tuna in 
                the eastern tropical Pacific Ocean, the 
                geographic location of the incidental take, and 
                the impact of that incidental take on tuna 
                stocks and nontarget species.
    (c) Authorization of Appropriations.--
          (1) There are authorized to be appropriated to the 
        Secretary the following amounts, to be used by the 
        Secretary to carry out the research described in 
        subsection (a):
                  (A) $4,000,000 for fiscal year 1998.
                  (B) $3,000,000 for fiscal year 1999.
                  (C) $4,000,000 for fiscal year 2000.
                  (D) $1,000,000 for fiscal year 2001.
          (2) In addition to the amount authorized to be 
        appropriated under paragraph (1), there are authorized 
        to be appropriated to the Secretary for carrying out 
        this section $3,000,000 for each of the fiscal years 
        1998, 1999, 2000, and 2001.

SEC. 305.\8\ REPORTS BY THE SECRETARY.

    Notwithstanding section 103(f), the Secretary shall submit 
annual reports to the Congress which include--
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 1415. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 305 and inserted in lieu thereof a new sec. 305.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (1) results of research conducted pursuant to section 
        304;
          (2) a description of the status and trends of stocks 
        of tuna;
          (3) a description of the efforts to assess, avoid, 
        reduce, and minimize the bycatch of juvenile yellowfin 
        tuna and bycatch of nontarget species;
          (4) a description of the activities of the 
        International Dolphin Conservation Program and of the 
        efforts of the United States in support of the 
        Program's goals and objectives, including the 
        protection of dolphin stocks in the eastern tropical 
        Pacific Ocean, and an assessment of the effectiveness 
        of the Program;
          (5) actions taken by the Secretary under section 
        101(a)(2)(B) and section 101(d);
          (6) copies of any relevant resolutions and decisions 
        of the Inter-American Tropical Tuna Commission, and any 
        regulations promulgated by the Secretary under this 
        title; and
          (7) any other information deemed relevant by the 
        Secretary.

SEC. 306.\9\ PERMITS.

    (a) In General.--
          (1) Consistent with the regulations issued pursuant 
        to section 303, the Secretary shall issue a permit to a 
        vessel of the United States authorizing participation 
        in the International Dolphin Conservation Program and 
        may require a permit for the person actually in charge 
        of and controlling the fishing operation of the vessel. 
        The Secretary shall prescribe such procedures as are 
        necessary to carry out this subsection, including 
        requiring the submission of--
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 1416. Sec. 6(c) of Public Law 105-42 (111 Stat. 1130) 
struck out sec. 306 and inserted in lieu thereof a new sec. 306.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(c) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
                  (A) the name and official number or other 
                identification of each fishing vessel for which 
                a permit is sought, together with the name and 
                address of the owner thereof; and
                  (B) the tonnage, hold capacity, speed, 
                processing equipment, and type and quantity of 
                gear, including an inventory of special 
                equipment required under section 303, with 
                respect to each vessel.
          (2) The Secretary is authorized to charge a fee for 
        granting an authorization and issuing a permit under 
        this section. The level of fees charged under this 
        paragraph may not exceed the administrative cost 
        incurred in granting an authorization and issuing a 
        permit. Fees collected under this paragraph shall be 
        available to the Under Secretary of Commerce for Oceans 
        and Atmosphere for expenses incurred in granting 
        authorizations and issuing permits under this section.
          (3) After the effective date of the International 
        Dolphin Conservation Program Act, no vessel of the 
        United States shall operate in the yellowfin tuna 
        fishery in the eastern tropical Pacific Ocean without a 
        valid permit issued under this section.
    (b) Permit Sanctions.--
          (1) In any case in which--
                  (A) a vessel for which a permit has been 
                issued under this section has been used in the 
                commission of an act prohibited under section 
                307;
                  (B) the owner or operator of any such vessel 
                or any other person who has applied for or been 
                issued a permit under this section has acted in 
                violation of section 307; or
                  (C) any civil penalty or criminal fine 
                imposed on a vessel, owner or operator of a 
                vessel, or other person who has applied for or 
                been issued a permit under this section has not 
                been paid or is overdue, the Secretary may--
                          (i) revoke any permit with respect to 
                        such vessel, 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 or 
                        restrictions on any permit issued to, 
                        or applied for by, any such vessel or 
                        person under this section.
          (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 other such matters as justice requires.
          (3) Transfer of ownership of a 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 transfer.
          (4) In the case of any permit that is suspended for 
        the failure to pay 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 section 
        unless there has been a 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 title or otherwise.

SEC. 307.\10\ PROHIBITIONS.

    (a) In General.--It is unlawful--
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 1417.
---------------------------------------------------------------------------
          (1) \11\ for any person to sell, purchase, offer for 
        sale, transport, or ship, in the United States, any 
        tuna or tuna product unless the tuna or tuna product is 
        either dolphin safe or has been harvested in compliance 
        with the international Dolphin Conservation Program by 
        a country that is a member of the Inter-American 
        Tropical Tuna Commission or has initiated and within 6 
        months thereafter completed all steps required of 
        applicant nations in accordance with Article V, 
        paragraph 3 of the Convention establishing the Inter-
        American Tropical Tuna Commission, to become a member 
        of that organization;
---------------------------------------------------------------------------
    \11\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and 
restated para. (1), which previously read as follows:
    ``(1) for any person, after June 1, 1994, to sell, purchase, offer 
for sale, transport, or ship, in the United States, any tuna or tuna 
product that is not dolphin safe;''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (2) \12\ except as provided for in subsection 101(d), 
        for any person or vessel subject to the jurisdiction of 
        the United States intentionally to set a purse seine 
        net on or to encircle any marine mammal in the course 
        of tuna fishing operations in the eastern tropical 
        Pacific Ocean except in accordance with this title and 
        regulations issued pursuant to this title; and
---------------------------------------------------------------------------
    \12\ Sec. 6(d)(1) of Public Law 105-42 (111 Stat. 1136) amended and 
restated para. (2), which previously read as follows:
    ``(2) for any person or vessel that is subject to the jurisdiction 
of the United States, intentionally to set a purse seine net on or to 
encircle any marine mammal during any tuna fishing operation after 
February 28, 1994, except--
---------------------------------------------------------------------------

  ``(A) as necessary for scientific research approved by the Inter-American 
Tropical Tuna Commission;

  ``(B) in accordance with a recommendation that is approved under section 
302(c)(2); or

  ``(C) as authorized by the general permit issued to the American Tunaboat 
Association on December 1, 1980 (including any additional restrictions 
applicable under section 306(a)), notwithstanding any agreement under 
section 302 with a country that is not a major purse seine tuna fishing 
country (as that term is defined in section 306(c));''.
---------------------------------------------------------------------------

    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d)(1) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (3) \13\ for any person to import any yellowfin tuna 
        or yellowfin tuna product or any other fish or fish 
        product in violation of a ban on importation imposed 
        under section 101(a)(2);
---------------------------------------------------------------------------
    \13\ Sec. 6(d) of Public Law 105-42 (111 Stat. 1136) amended and 
restated para. (3), which previously read as follows:
    ``(3) for any person to import any yellowfin tuna or yellowfin tuna 
product or any other fish or fish product in violation of a ban on 
importation imposed under section 305(b) (1) or (2);''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
---------------------------------------------------------------------------
          (4) for any person to violate any regulation 
        promulgated under this title;
          (5) for any person to refuse to permit any duly 
        authorized officer to board a vessel subject to that 
        person's control for purposes of conducting any search 
        or inspection in connection with the enforcement of 
        this title; and
          (6) for any person to assault, resist, oppose, 
        impede, intimidate, or interfere with any such 
        authorized officer in the conduct of any search or 
        inspection described in paragraph (5).
    (b) Penalties.--
          (1) Civil penalty.--A person that knowingly and 
        willfully violates subsection (a) (1), (2), (3), (4), 
        or (5) shall be subject to a civil penalty under 
        section 105(a).
          (2) Criminal penalty.--A person that knowingly and 
        willfully violates subsection (a)(5) or \14\ (a)(6) 
        shall be subject to a criminal penalty under section 
        105(b).
---------------------------------------------------------------------------
    \14\ Sec. 6(d)(2) of Public Law 105-42 (111 Stat. 1136) inserted 
``(a)(5) or''.
---------------------------------------------------------------------------
    (c) \15\ Civil Forfeitures.--Any vessel (including its 
fishing gear, appurtenances, stores, and cargo) used, and any 
fish (or its fair market value) taken or retained, in any 
manner, in connection with or as a result of the commission of 
any act prohibited by this section shall be subject to 
forfeiture to the United States in the manner provided in 
section 310 of the Magnuson-Stevens Fishery Conservation and 
Management Act.\16\
---------------------------------------------------------------------------
    \15\ Sec. 6(d)(3) of Public Law 105-42 (111 Stat. 1137) struck out 
subsec. (d) which previously appeared after subsec. (c).
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(d)(3) would become effective upon 
certification by the Secretary of Commerce that sufficient funding is 
available to complete the first year of the study required under 
section 304(a) of the Marine Mammal Protection Act of 1972 and the 
study has commenced; and certification by the Secretary of State to 
Congress that a binding resolution of the Inter-American Tropical Tuna 
Commission or other legally binding instrument establishing the 
International Dolphin Conservation Program has been adopted and is in 
force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
    \16\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------

SEC. 308.\17\ * * * [REPEALED--1997]

      
---------------------------------------------------------------------------
    \17\ Sec. 6(e) of Public Law 105-42 (111 Stat. 1137) repealed sec. 
308 which had provided for the authorization of appropriations for 1993 
through 1998.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 6(e) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under section 304(a) of 
the Marine Mammal Protection Act of 1972 and the study has commenced; 
and certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998; the Secretary of State made the certification 
on March 3, 1999.
           b. International Dolphin Conservation Program Act

Partial text of Public Law 105-42 [H.R. 408], 111 Stat. 1122, approved 
                            August 15, 1977

AN ACT To amend the Marine Mammal Protection Act of 1972 to support the 
  International Dolphin Conservation Program in the eastern tropical 
                 Pacific Ocean, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE; REFERENCES.

    (a) Short Title.--This Act may be cited as the 
``International Dolphin Conservation Program Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1361 note. For the most part, this Act amends the 
Marine Mammal Protection Act of 1972 (Public Law 92-522) and the 
Dolphin Protection Consumer Information Act (Public Law 101-627).
---------------------------------------------------------------------------
    (b) References to Marine Mammal Protection Act.--Except as 
otherwise expressly provided, whenever in this Act an amendment 
or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the 
Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.).

SEC. 2.\1\ PURPOSES AND FINDINGS.

    (a) Purposes.--The purposes of this Act are--
          (1) to give effect to the Declaration of Panama, 
        signed October 4, 1995, by the Governments of Belize, 
        Colombia, Costa Rica, Ecuador, France, Honduras, 
        Mexico, Panama, Spain, the United States of America, 
        Vanuatu, and Venezuela, including the establishment of 
        the International Dolphin Conservation Program, 
        relating to the protection of dolphins and other 
        species, and the conservation and management of tuna in 
        the eastern tropical Pacific Ocean;
          (2) to recognize that nations fishing for tuna in the 
        eastern tropical Pacific Ocean have achieved 
        significant reductions in dolphin mortality associated 
        with that fishery; and
          (3) to eliminate the ban on imports of tuna from 
        those nations that are in compliance with the 
        International Dolphin Conservation Program.
    (b) Findings.--The Congress finds that--
          (1) the nations that fish for tuna in the eastern 
        tropical Pacific Ocean have achieved significant 
        reductions in dolphin mortality associated with the 
        purse seine fishery from hundreds of thousands annually 
        to fewer than 5,000 annually;
          (2) the provisions of the Marine Mammal Protection 
        Act of 1972 that impose a ban on imports from nations 
        that fish for tuna in the eastern tropical Pacific 
        Ocean have served as an incentive to reduce dolphin 
        mortalities;
          (3) tuna canners and processors of the United States 
        have led the canning and processing industry in 
        promoting a dolphin-safe tuna market; and
          (4) 12 signatory nations to the Declaration of 
        Panama, including the United States, agreed under that 
        Declaration to require that the total annual dolphin 
        mortality in the purse seine fishery for yellowfin tuna 
        in the eastern tropical Pacific Ocean not exceed 5,000 
        animals, with the objective of progressively reducing 
        dolphin mortality to a level approaching zero through 
        the setting of annual limits and with the goal of 
        eliminating dolphin mortality.
          * * * * * * *
           c. International Dolphin Conservation Act of 1992

 Public Law 102-523 [H.R. 5419], 106 Stat. 3425, approved October 26, 
                                  1992

 AN ACT To amend the Marine Mammal Protection Act of 1972 to authorize 
   the Secretary of State to enter into international agreements to 
 establish a global moratorium to prohibit harvesting of tuna through 
  the use of purse seine nets deployed on or to encircle dolphins or 
             other marine mammals, and for other purposes.


          Note.--This Public Law consisted entirely of 
        amendments to other laws. Sec. 2 added a new Title III 
        to the Marine Mammal Protection Act of 1972 (Public Law 
        92-522; 16 U.S.C. 1361 et seq.), relating to a global 
        moratorium to prohibit certain tuna harvesting 
        practices. Sec. 3 amended the Tunas Conventions Act of 
        1950 and the South Pacific Tuna Act of 1988.


             d. Dolphin Protection Consumer Information Act

  Title IX of Public Law 101-627 [Fishery Conservation Amendments of 
1990; H.R. 2061] 104 Stat. 4436 at 4465, approved November 28, 1990; as 
   amended by Public Law 104-208 [Department of Commerce and Related 
  Agencies Appropriations Act; title II of sec. 101(a) of title I of 
Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 
1996; and Public Law 105-42 [International Dolphin Conservation Program 
        Act; H.R. 408], 111 Stat. 1122, approved August 15, 1997

 AN ACT To authorize appropriations to carry out the Magnuson-Stevens 
 Fishery Conservation and Management Act \1\ through fiscal year 1993, 
                        and for other purposes.

          * * * * * * *

           TITLE IX--DOLPHIN PROTECTION CONSUMER INFORMATION

                           dolphin protection

    Sec. 901.\2\ (a) Short Title.--This section may be cited as 
the ``Dolphin Protection Consumer Information Act''.
---------------------------------------------------------------------------
    \1\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
    \2\ 16 U.S.C. 1385.
---------------------------------------------------------------------------
    (b) Findings.--The Congress finds that--
          (1) dolphins and other marine mammals are frequently 
        killed in the course of tuna fishing operations in the 
        eastern tropical Pacific Ocean and high seas driftnet 
        fishing in other parts of the world;
          (2) it is the policy of the United States to support 
        a worldwide ban on high seas driftnet fishing, in part 
        because of the harmful effects that such driftnets have 
        on marine mammals, including dolphins; and
          (3) consumers would like to know if the tuna they 
        purchase is falsely labeled as the effect of harvesting 
        of the tuna on dolphins.
    (c) Definitions.--For purposes of this section--
          (1) the terms ``driftnet'' and ``driftnet fishing'' 
        have the meanings given those terms in section 4003 of 
        the Driftnet Impact Monitoring, Assessment, and Control 
        Act of 1987 (16 U.S.C. 1822 note);
          (2) the term ``eastern tropical Pacific Ocean'' means 
        the area of the Pacific Ocean bounded by 40 degrees 
        north latitude, 40 degrees south latitude, 160 degrees 
        west longitude, and the western coastlines of North, 
        Central, and South America;
          (3) the term ``label'' means a display of written, 
        printed, or graphic matter on or affixed to the 
        immediate container of any article;
          (4) the term ``Secretary'' means the Secretary of 
        Commerce; and
          (5) the term ``tuna product'' means a food item which 
        contains tuna and which has been processed for retail 
        sale, except perishable sandwiches, salads, or other 
        products with a shelf life of less than 3 days.
    (d) \3\ Labeling Standard.--
          (1) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) for any producer, 
        importer, exporter, distributor, or seller of any tuna 
        product that is exported from or offered for sale in 
        the United States to include on the label of that 
        product the term `dolphin safe' or any other term or 
        symbol that falsely claims or suggests that the tuna 
        contained in the product were harvested using a method 
        of fishing that is not harmful to dolphins if the 
        product contains tuna harvested--
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    \3\ Sec. 5(a) of Public Law 105-42 (111 Stat. 1125) amended and 
restated subsec. (d).
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 5(a) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under sec. 304(a) of the 
Marine Mammal Protection Act of 1972 and the study has commenced; and 
certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998, and the Secretary of State made the 
certification on March 3, 1999.
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                  (A) on the high seas by a vessel engaged in 
                driftnet fishing;
                  (B) outside the eastern tropical Pacific 
                Ocean by a vessel using purse seine nets--
                          (i) in a fishery in which the 
                        Secretary has determined that a regular 
                        and significant association occurs 
                        between dolphins and tuna (similar to 
                        the association between dolphins and 
                        tuna in the eastern tropical Pacific 
                        Ocean), unless such product is 
                        accompanied by a written statement, 
                        executed by the captain of the vessel 
                        and an observer participating in a 
                        national or international program 
                        acceptable to the Secretary, certifying 
                        that no purse seine net was 
                        intentionally deployed on or used to 
                        encircle dolphins during the particular 
                        voyage on which the tuna were caught 
                        and no dolphins were killed or 
                        seriously injured in the sets in which 
                        the tuna were caught; or
                          (ii) in any other fishery (other than 
                        a fishery described in subparagraph 
                        (D)) unless the product is accompanied 
                        by a written statement executed by the 
                        captain of the vessel certifying that 
                        no purse seine net was intentionally 
                        deployed on or used to encircle 
                        dolphins during the particular voyage 
                        on which the tuna was harvested;
                  (C) in the eastern tropical Pacific Ocean by 
                a vessel using a purse seine net unless the 
                tuna meet the requirements for being considered 
                dolphin safe under paragraph (2); or
                  (D) by a vessel in a fishery other than one 
                described in subparagraph (A), (B), or (C) that 
                is identified by the Secretary as having a 
                regular and significant mortality or serious 
                injury of dolphins, unless such product is 
                accompanied by a written statement executed by 
                the captain of the vessel and an observer 
                participating in a national or international 
                program acceptable to the Secretary that no 
                dolphins were killed or seriously injured in 
                the sets or other gear deployments in which the 
                tuna were caught, provided that the Secretary 
                determines that such an observer statement is 
                necessary.
          (2) For purposes of paragraph (1)(C), a tuna product 
        that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets is 
        dolphin safe if--
                  (A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is 
                not capable of deploying its purse seine nets 
                on or to encircle dolphins; or
                  (B)(i) the product is accompanied by a 
                written statement executed by the captain 
                providing the certification required under 
                subsection (h);
                  (ii) the product is accompanied by a written 
                statement executed by--
                          (I) the Secretary or the Secretary's 
                        designee;
                          (II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                          (III) an authorized representative of 
                        a participating nation whose national 
                        program meets the requirements of the 
                        International Dolphin Conservation 
                        Program,
                which states that there was an observer 
                approved by the International Dolphin 
                Conservation Program on board the vessel during 
                the entire trip and that such observer provided 
                the certification required under subsection 
                (h); and
                  (iii) the statements referred to in clauses 
                (i) and (ii) are endorsed in writing by each 
                exporter, importer, and processor of the 
                product; and
                  (C) the written statements and endorsements 
                referred to in subparagraph (B) comply with 
                regulations promulgated by the Secretary which 
                provide for the verification of tuna products 
                as dolphin safe.
          (3)(A) The Secretary of Commerce shall develop an 
        official mark that may be used to label tuna products 
        as dolphin safe in accordance with this Act.
          (B) A tuna product that bears the dolphin safe mark 
        developed under subparagraph (A) shall not bear any 
        other label or mark that refers to dolphins, porpoises, 
        or marine mammals.
          (C) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) to label a tuna 
        product with any label or mark that refers to dolphins, 
        porpoises, or marine mammals other than the mark 
        developed under subparagraph (A) unless--
                  (i) no dolphins were killed or seriously 
                injured in the sets or other gear deployments 
                in which the tuna were caught;
                  (ii) the label is supported by a tracking and 
                verification program which is comparable in 
                effectiveness to the program established under 
                subsection (f); and
                  (iii) the label complies with all applicable 
                labeling, marketing, and advertising laws and 
                regulations of the Federal Trade Commission, 
                including any guidelines for environmental 
                labeling.
          (D) If the Secretary determines that the use of a 
        label referred to in subparagraph (C) is substantially 
        undermining the conservation goals of the International 
        Dolphin Conservation Program, the Secretary shall 
        report that determination to the United States Senate 
        Committee on Commerce, Science, and Transportation and 
        the United States House of Representatives Committees 
        on Resources and on Commerce, along with 
        recommendations to correct such problems.
          (E) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) willingly and 
        knowingly to use a label referred to in subparagraph 
        (C) in a campaign or effort to mislead or deceive 
        consumers about the level of protection afforded 
        dolphins under the International Dolphin Conservation 
        Program.
    (e) Enforcement.--Any person who knowingly and willfully 
makes a statement or endorsement described in subsection 
(d)(2)(B) that is false is liable for a civil penalty of not to 
exceed $100,000 assessed in an action brought in any 
appropriate district court of the United States on behalf of 
the Secretary.
    (f) \4\ Regulations.--The Secretary, in consultation with 
the Secretary of the Treasury, shall issue regulations to 
implement this Act, including regulations to establish a 
domestic tracking and verification program that provides for 
the effective tracking of tuna labeled under subsection (d). In 
the development of these regulations, the Secretary shall 
establish appropriate procedures for ensuring the 
confidentiality of proprietary information the submission of 
which is voluntary or mandatory. The regulations shall address 
each of the following items:
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    \4\ Sec. 5(b) of Public Law 105-42 (111 Stat. 1127) amended and 
restated subsec. (f), which previously read as follows:
    ``(f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement this 
section not later than 6 months after the date of the enactment of this 
Act, including regulations establishing procedures and requirements for 
ensuring that tuna products are labeled in accordance with subsection 
(d).''.
    Sec. 8 of Public Law 105-42 (111 Stat. 1139) provided that the 
amendment made by sec. 5(b) would become effective upon certification 
by the Secretary of Commerce that sufficient funding is available to 
complete the first year of the study required under sec. 304(a) of the 
Marine Mammal Protection Act of 1972 and the study has commenced; and 
certification by the Secretary of State to Congress that a binding 
resolution of the Inter-American Tropical Tuna Commission or other 
legally binding instrument establishing the International Dolphin 
Conservation Program has been adopted and is in force.
    The Secretary of Commerce made the certification referred to in 
sec. 8 on July 27, 1998, and the Secretary of State made the 
certification on March 3, 1999.
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          (1) The use of weight calculation for purposes of 
        tracking tuna caught, landed, processed, and exported.
          (2) Additional measures to enhance current observer 
        coverage, including the establishment of criteria for 
        training, and for improving monitoring and reporting 
        capabilities and procedures.
          (3) The designation of well location, procedures for 
        sealing holds, procedures for monitoring and certifying 
        both above and below deck, or through equally effective 
        methods, the tracking and verification of tuna labeled 
        under subsection (d).
          (4) The reporting, receipt, and database storage of 
        radio and facsimile transmittals from fishing vessels 
        containing information related to the tracking and 
        verification of tuna, and the definition of set.
          (5) The shore-based verification and tracking 
        throughout the fishing, transshipment, and canning 
        process by means of Inter-American Tropical Tuna 
        Commission trip records or otherwise.
          (6) The use of periodic audits and spot checks for 
        caught, landed, and processed tuna products labeled in 
        accordance with subsection (d).
          (7) The provision of timely access to data required 
        under this subsection by the Secretary from harvesting 
        nations to undertake the actions required in paragraph 
        (6) of this paragraph.
The Secretary may make such adjustments as may be appropriate 
to the regulations promulgated under this subsection to 
implement an international tracking and verification program 
that meets or exceeds the minimum requirements established by 
the Secretary under this subsection.
    (g) \5\ Secretarial Findings.--(1) Between March 1, 1999, 
and March 31, 1999, the Secretary shall, on the basis of the 
research conducted before March 1, 1999, under section 304(a) 
of the Marine Mammal Protection Act of 1972, information 
obtained under the International Dolphin Conservation Program, 
and any other relevant information, make an initial finding 
regarding whether the intentional deployment on or encirclement 
of dolphins with purse seine nets is having a significant 
adverse impact on any depleted dolphin stock in the eastern 
tropical Pacific Ocean. The initial finding shall be published 
immediately in the Federal Register and shall become effective 
upon a subsequent date determined by the Secretary.
---------------------------------------------------------------------------
    \5\ Sec. 5(c) of Public Law 105-42 (111 Stat. 1128) struck out 
subsecs. (g), (h), and (i), and inserted in lieu thereof new subsecs. 
(g) and (h). Subsec. (g) amended sec. 101(a)(2) of the Marine Mammal 
Protection Act of 1972. Subsecs. (h) and (i) previously read as 
follows:
    ``(h) Negotiations.--The Secretary of State shall immediately seek, 
through negotiations and discussions with appropriate foreign 
governments, to reduce and, as soon as possible, eliminate the practice 
of harvesting tuna through the use of purse seine nets intentionally 
deployed to encircle dolphins.
    ``(i) Effective Date.--Subsections (d) and (e) shall take effect 6 
months after the date of the enactment of this Act.''.
---------------------------------------------------------------------------
    (2) Between July 1, 2001, and December 31, 2002, the 
Secretary shall, on the basis of the completed study conducted 
under section 304(a) of the Marine Mammal Protection Act of 
1972, information obtained under the International Dolphin 
Conservation Program, and any other relevant information, make 
a finding regarding whether the intentional deployment on or 
encirclement of dolphins with purse seine nets is having a 
significant adverse impact on any depleted dolphin stock in the 
eastern tropical Pacific Ocean. The finding shall be published 
immediately in the Federal Register and shall become effective 
upon a subsequent date determined by the Secretary.
    (h) \5\ Certification by Captain and Observer.--
          (1) Unless otherwise required by paragraph (2), the 
        certification by the captain under subsection 
        (d)(2)(B)(i) and the certification provided by the 
        observer as specified in subsection (d)(2)(B)(ii) shall 
        be that no dolphins were killed or seriously injured 
        during the sets in which the tuna were caught.
          (2) The certification by the captain under subsection 
        (d)(2)(B)(i) and the certification provided by the 
        observer as specified under subsection (d)(2)(B)(ii) 
        shall be that no tuna were caught on the trip in which 
        such tuna were harvested using a purse seine net 
        intentionally deployed on or to encircle dolphins, and 
        that no dolphins were killed or seriously injured 
        during the sets in which the tuna were caught, if the 
        tuna were caught on a trip commencing--
                  (A) before the effective date of the initial 
                finding by the Secretary under subsection 
                (g)(1);
                  (B) after the effective date of such initial 
                finding and before the effective date of the 
                finding of the Secretary under subsection 
                (g)(2), where the initial finding is that the 
                intentional deployment on or encirclement of 
                dolphins is having a significant adverse impact 
                on any depleted dolphin stock; or
                  (C) after the effective date of the finding 
                under subsection (g)(2), where such finding is 
                that the intentional deployment on or 
                encirclement of dolphins is having a 
                significant adverse impact on any such depleted 
                stock.
             6. North Pacific Anadromous Stocks Act of 1992

 Partial text of Public Law 102-567 [National Oceanic and Atmospheric 
Administration Authorization Act of 1992, H.R. 2130], 106 Stat. 4270 at 
   4309, approved October 29, 1992; as amended by Public Law 104-43 
[Fisheries Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 
  1995; and Public Law 106-562 [H.R. 1653], 114 Stat. 2784, approved 
                           December 23, 2005

    AN ACT To authorize appropriations for the National Oceanic and 
          Atmospheric Administration, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

         TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

SEC. 801.\1\ SHORT TITLE.

    This title may be cited as the ``North Pacific Anadromous 
Stocks Act of 1992''.
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    \1\ 16 U.S.C. 5001 note. See also the North Pacific Anadromous 
Stocks Convention Act of 1992 (title VIII of Public Law 102-587; 106 
Stat. 5098).
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SEC. 802.\2\ PURPOSE.

    It is the purpose of this title to implement the Convention 
for the Conservation of Anadromous Stocks in the North Pacific 
Ocean, signed in Moscow, February 11, 1992.
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 5001.
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SEC. 803.\3\ DEFINITIONS.

    As used in this title, the term--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 5002.
---------------------------------------------------------------------------
          (1) ``Anadromous stocks'' means stocks of species 
        listed in the Annex to the Convention that migrate into 
        the Convention area.
          (2) ``Anadromous fish'' means fish of the species 
        listed in the Annex to the Convention that migrate into 
        the Convention area.
          (3) ``Authorized officer'' means a law enforcement 
        official authorized to enforce this title under section 
        809(a).
          (4) ``Commission'' means the North Pacific Anadromous 
        Fish Commission provided for by article VIII of the 
        Convention.
          (5) ``Convention'' means the Convention for the 
        Conservation of Anadromous Stocks of the North Pacific 
        Ocean, signed in Moscow, February 11, 1992.
          (6) ``Convention area'' means the waters of the North 
        Pacific Ocean and its adjacent seas, north of 33 
        degrees North Latitude, beyond 200 nautical miles from 
        the baselines from which the breadth of the territorial 
        sea is measured.
          (7) ``Directed fishing'' means fishing targeted at a 
        particular species or stock of fish.
          (8) ``Ecologically related species'' means living 
        marine species which are associated with anadromous 
        stocks found in the Convention area, including, but not 
        restricted to, both predators and prey of anadromous 
        fish.
          (9) ``Enforcement officer'' means a law enforcement 
        official authorized by any Party to enforce this title.
          (10) ``Exclusive economic zone'' means the zone 
        established by Proclamation Numbered 5030, dated March 
        10, 1983. For purposes of applying this title, the 
        inner boundary of that zone is a line coterminous with 
        the seaward boundary of each of the coastal States.
          (11) ``Fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life 
        other than marine mammals and birds.
          (12) ``Fishing'' means--
                  (A) the catching, taking, or harvesting of 
                fish, or any other activity that can reasonably 
                be expected to result in the catching, taking, 
                or harvesting of fish; or
                  (B) any operation at sea in preparation for 
                or in direct support of any activity described 
                in subparagraph (A).
          (13) ``Fishing vessel'' means--
                  (A) any vessel engaged in catching fish 
                within the Convention area or in processing or 
                transporting fish loaded in the Convention 
                area;
                  (B) any vessel outfitted to engage in any 
                activity described in subparagraph (A);
                  (C) \4\ any vessel supporting a vessel 
                described in subparagraph (A) or (B).
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    \4\ Sec. 404(b) of Public Law 104-43 (109 Stat. 391) amended and 
restated subpara. (C).
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          (14) ``Incidental taking'' means catching, taking, or 
        harvesting a species or stock of fish while conducting 
        directed fishing for another species or stock of fish.
          (15) ``Party'' means Canada, Japan, the Russian 
        Federation, the United States, and any other nation 
        that may accede to the Convention.
          (16) ``Secretary'' means the Secretary of State.
          (17) ``United States Section'' means the United 
        States Commissioners of the Commission.

SEC. 804.\5\ UNITED STATES COMMISSIONERS.

    (a) Commissioners.--The United States shall be represented 
on the Commission by not more than three United States 
Commissioners to be appointed by and serve at the pleasure of 
the President. Each United States Commissioner shall be 
appointed for a term of office not to exceed 4 years, but is 
eligible for reappointment. Individuals serving as such 
Commissioners shall not be considered to be Federal employees 
while performing such service, except for purposes of injury 
compensation or tort claims liability as provided in chapter 81 
of title 5, United States Code, and chapter 171 of title 28, 
United States Code.\6\ Of the Commissioners--
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    \5\ 16 U.S.C. 5003.
    \6\ Sec. 304(b) of Public Law 106-562 (114 Stat. 2807) inserted 
this sentence.
---------------------------------------------------------------------------
          (1) one shall be an official of the United States 
        Government;
          (2) one shall be a resident of the State of Alaska; 
        and
          (3) one shall be a resident of the State of 
        Washington.
An individual is not eligible for appointment under paragraph 
(2) or (3) as a Commissioner unless the individual is 
knowledgeable or experienced concerning the anadromous stocks 
and ecologically related species of the North Pacific Ocean.
    (b) \7\ Alternate Commissioners.--The Secretary, in 
consultation with the Secretary of Commerce, may designate from 
time to time Alternate United States Commissioners to the 
Commission. An Alternate United States Commissioner may 
exercise all designated powers and duties of a United States 
Commissioner in the absence of a duly designated Commissioner 
for whatever reason. The number of such Alternate United States 
Commissioners that may be designated for any such meeting shall 
be limited to the number of authorized United States 
Commissioners that will not be present.
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    \7\ The functions vested in the Secretary of State by secs. 804(b), 
805(a)(4), 806, 807(a), 807(b), and 813 of this Act were delegated to 
the Assistant Secretary of State for Oceans and International 
Environmental and Scientific Affairs (Department of State Public Notice 
1743 of December 11, 1992; 57 F.R. 61468).
---------------------------------------------------------------------------
    (c) United States Section.--The United States Section, in 
consultation with the Advisory Panel established in section 
805, shall identify and recommend to the Commission research 
needs and priorities for anadromous stocks and ecologically 
related species subject to the Convention, and oversee the 
United States research programs involving such fisheries, 
stocks, and species.
    (d) Compensation.--United States Commissioners and 
Alternate United States Commissioners shall receive no 
compensation for their services as Commissioners and Alternate 
Commissioners.

SEC. 805.\8\ ADVISORY PANEL.

    (a) Establishment of Panel.--An Advisory Panel to the 
United States Section is established. The Advisory Panel shall 
be composed of the following:
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 5004.
---------------------------------------------------------------------------
          (1) The Commissioner of the Alaska Department of Fish 
        and Game.
          (2) The Director of the Washington Department of 
        Fisheries.
          (3) One representative of the Pacific States Marine 
        Fisheries Commission, designated by the Executive 
        Director of that commission.
          (4) \7\ Eleven members (six of whom shall be 
        residents of the State of Alaska and five of whom shall 
        be residents of the State of Washington), appointed by 
        the Secretary, in consultation with the Secretary of 
        Commerce, from among a slate of 12 persons nominated by 
        the Governor of Alaska and a slate of 10 persons 
        nominated by the Governor of Washington.
    (b) Qualifications.--Persons appointed to the Advisory 
Panel shall be individuals who are knowledgeable or experienced 
concerning anadromous stocks and ecologically related species. 
In submitting a slate of nominees pursuant to subsection 
(a)(4), the Governors of Alaska and Washington shall seek to 
represent the broad range of parties interested in anadromous 
stocks and ecologically related species, and at a minimum shall 
include on each slate at least one representative of commercial 
salmon fishing interests and of environmental interests 
concerned with protection of living marine resources.
    (c) Limitation on Service.--Any person appointed to the 
Advisory Panel pursuant to subsection (a)(4) shall serve for a 
term not to exceed 4 years, and may not serve more than two 
consecutive terms.
    (d) Functions.--The Advisory Panel shall be invited to all 
nonexecutive meetings of the United States Section and at such 
meetings shall be granted the opportunity to examine and to be 
heard on all proposed programs of study and investigation, 
reports, and recommendations of the United States Section.
    (e) Compensation and Expenses.--The members of the Advisory 
Panel shall receive no compensation or travel expenses for 
their services as such members.

SEC. 806.\7\, \9\ COMMISSION RECOMMENDATIONS.

    The Secretary,\6\ with the concurrence of the Secretary of 
Commerce, may accept or reject, on behalf of the United States, 
recommendations made by the Commission in accordance with 
article IX of the Convention.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 5005.
---------------------------------------------------------------------------

SEC. 807.\10\ ADMINISTRATION AND ENFORCEMENT OF CONVENTION.

    (a) \7\ Responsibilities.--The Secretary of Commerce shall 
be responsible for administering provisions of the Convention, 
this title, and regulations issued under this title. The 
Secretary, in consultation with the Secretary of Commerce and 
the Secretary of Transportation, shall be responsible for 
coordinating the participation of the United States in the 
Commission.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 5006.
---------------------------------------------------------------------------
    (b) \7\ Consultation and Cooperation.--In carrying out such 
functions, the Secretary of Commerce--
          (1) shall, in consultation with the Secretary of 
        Transportation and the United States Section, issue 
        such regulations as may be necessary to carry out the 
        purposes and objectives of the Convention and this 
        title; and
          (2) may, with the concurrence of the Secretary, 
        cooperate with the authorized officials of the 
        government of any Party.

SEC. 808.\11\ COOPERATION WITH OTHER AGENCIES.

    (a) In General.--Any agency of the Federal Government is 
authorized, upon request of the Commission, to cooperate in the 
conduct of scientific and other programs, and to furnish, on a 
reimbursable basis, facilities and personnel for the purpose of 
assisting the Commission in carrying out its duties under the 
Convention. Such agency may accept reimbursement from the 
Commission.
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 5007.
---------------------------------------------------------------------------
    (b) Functions of Secretary of Commerce.--In carrying out 
the provisions of the Convention and this title, the Secretary 
of Commerce may arrange for cooperation with agencies of the 
United States, the States, private institutions and 
organizations, and agencies of the government of any Party, to 
conduct scientific and other programs, and may execute such 
memoranda as may be necessary to reflect such agreements.

SEC. 809.\12\ ENFORCEMENT PROVISIONS.

    (a) Duties of Secretaries of Commerce and Transportation.--
This title shall be enforced by the Secretary of Commerce and 
the Secretary of Transportation. 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, including 
all elements of the Department of Defense, and 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 the 
preceding sentence may (if the agreement so provides), 
authorize officers to enforce the provisions of the Convention, 
this title, and regulations issued under this title. Any such 
agreement or contract entered into pursuant to this section 
shall be effective only to such extent or in such amounts as 
are provided in advance in appropriations Acts.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 5008.
---------------------------------------------------------------------------
    (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.
    (c) Powers of Enforcement Officers.--Authorized officers 
may, shoreward of the outer boundary of the exclusive economic 
zone, or during hot pursuit from the zone--
          (1) with or without a warrant or other process--
                  (A) arrest any person, if the officer has 
                reasonable cause to believe that such person 
                has committed an act prohibited by section 810;
                  (B) board, and search or inspect, any fishing 
                vessel subject to the provisions of the 
                Convention and this title;
                  (C) seize any 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 the Convention, 
                this title, or regulations issued under this 
                title;
                  (D) seize any fish (wherever found) taken or 
                retained in violation of any provision referred 
                to in subparagraph (C);
                  (E) seize any other evidence related to any 
                violation of any provision referred to in 
                subparagraph (C);
          (2) execute any warrant or other process issued by 
        any court of competent jurisdiction; and
          (3) exercise any other lawful authority.
    (d) Additional Powers.--(1) An authorized officer may in 
the Convention area--
          (A) board a vessel of any Party that reasonably can 
        be believed to be engaged in directed fishing for, 
        incidental taking of, or processing of anadromous fish, 
        and, without warrant or process, inspect equipment, 
        logs, documents, catch, and other articles, and 
        question persons, on board the vessel, for the purpose 
        of carrying out the provisions of the Convention, this 
        title, or any regulation issued under this title; and
          (B) If any such vessel or person on board is actually 
        engaged in operations in violation of any such 
        provision, or there is reasonable ground to believe any 
        person or vessel was obviously so engaged before the 
        boarding of such vessel by the authorized officer, 
        arrest or seize such person or vessel and further 
        investigate the circumstance if necessary.
If an authorized officer, after boarding and investigation, has 
reasonable cause to believe that any such fishing vessel or 
person engaged in operations in violation of any provision 
referred to in subparagraph (A), the officer shall deliver the 
vessel or person as promptly as practicable to the enforcement 
officers of the appropriate Party, in accordance with the 
provisions of the Convention.
    (2) When requested by the appropriate authorities of a 
Party, an authorized officer may be directed to attend as a 
witness, and to produce such available records and files or 
duly certified copies thereof as may be necessary, for the 
prosecution by that Party of any violation of the provisions of 
the Convention or any law of that Party relating to the 
enforcement thereof.

SEC. 810.\13\ UNLAWFUL ACTIVITIES.

    It is unlawful for any person or fishing vessel subject to 
the jurisdiction of the United States--
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 5009.
---------------------------------------------------------------------------
          (1) to fish for any anadromous fish in the Convention 
        area;
          (2) to retain on board any anadromous fish taken 
        incidentally in a fishery directed at nonanadromous 
        fish in the Convention area;
          (3) to fail to return immediately to the sea any 
        anadromous fish taken incidentally in a fishery 
        directed at nonanadromous fish in the Convention area;
          (4) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any anadromous fish taken or retained in 
        violation of the Convention, this title, or any 
        regulation issued under this title;
          (5) to refuse to permit any enforcement officer to 
        board a fishing vessel subject to such person's control 
        for purposes of conducting any search or inspection in 
        connection with the enforcement of the Convention, this 
        title, or any regulation issued under this title;
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any enforcement officer 
        in the conduct of any search or inspection described in 
        paragraph (5);
          (7) to resist a lawful arrest or detection 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; or
          (9) to violate any provision of the Convention, this 
        title, or any regulation issued under this title.

SEC. 811.\14\ PENALTIES.

    (a) Civil Penalties.--(1) Any person who is found by the 
Secretary of Commerce, 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 810 
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 of Commerce, or the Secretary's 
designee, by written notice. In determining the amount of such 
penalty, the Secretary of Commerce 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, ability to pay, 
and such other matters as justice may require.
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 5010.
---------------------------------------------------------------------------
    (2) Any person against whom a civil penalty is assessed 
under paragraph (1) may obtain review thereof in the 
appropriate court of the United States by filing a complaint in 
such court within 30 days from the date of such order and by 
simultaneously serving a copy of such complaint by certified 
mail on the Secretary of Commerce, the Attorney General, and 
the appropriate United States Attorney. The Secretary of 
Commerce shall promptly file in such court a certified copy of 
the record upon which such violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States 
Code. The findings and order of the Secretary of Commerce 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.
    (3) 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 of Commerce, 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.
    (4) A fishing vessel (including its fishing gear, 
furniture, appurtenances, stores, and cargo) used in the 
commission of an act prohibited by section 810 shall be liable 
in rem for any civil penalty assessed for such violation under 
paragraph (1) 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.
    (5) The Secretary of Commerce 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.
    (6) For the purposes of conducting any hearing under this 
section, the Secretary of Commerce 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 paragraph, 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 
of Commerce or to appear and produce documents before the 
Secretary of Commerce, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt 
thereof.
    (b) Offenses.--(1) A person is guilty of an offense if the 
person commits any act prohibited by section 810 (5), (6), (7), 
or (8).
    (2) Any offense described in paragraph (1) is a class A 
misdemeanor punishable by a fine under title 18, United States 
code, or imprisonment for not more than 6 months, 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 enforcement 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.
    (c) Forfeiture.--(1) Any fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) 
used, and any fish (or a 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 810 shall be 
subject to forfeiture to the United States. All or part of such 
vessel may, and all such fish shall, be forfeited to the United 
States pursuant to a civil proceeding under this section.
    (2) 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 paragraph (1) and any action provided for under paragraph 
(4).
    (3) 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--
          (A) the seizure, forfeiture, and condemnation of 
        property for violation of the customs law;
          (B) the disposition of such property or the proceeds 
        from the sale thereof; and
          (C) 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.
    (4)(A) Any officer authorized to serve any process in rem 
that is issued by a court having jurisdiction under section 
809(b) shall--
          (i) stay the execution of such process; or
          (ii) discharge any fish 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.
    (B) Any fish seized pursuant to this title may be sold, 
subject to the approval and direction 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.
    (5) For purposes of this section, it shall be a rebuttable 
presumption that all fish found on board a fishing vessel and 
which is seized in connection with an act prohibited by section 
810 were taken or retained in violation of the Convention and 
this title.

SEC. 812.\15\ FUNDING REQUIREMENTS.

    (a) Authorization.--There are authorized to be appropriated 
from time to time such sums as may be necessary for carrying 
out the purposes and provisions of the Convention and this 
title, including--
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 5011.
---------------------------------------------------------------------------
          (1) necessary travel expenses of the United States 
        Commissioners or Alternate Commissioners; and
          (2) the United States' share of the joint expenses of 
        the Commission.
    (b) Research.--Such funds as shall be made available to the 
Secretary of Commerce for research and related activities shall 
be expended to carry out the program of the Commission in 
accordance with the recommendations of the United States 
Section and to carry out other research and observer programs 
pursuant to the Convention.

SEC. 813.\7\, \16\ DISPOSITION OF PROPERTY.

    The Secretary shall dispose of any United States property 
held by the International North Pacific Fisheries Commission on 
the date of its termination in a manner that would further the 
purposes of this title.
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    \16\ 16 U.S.C. 5012.
---------------------------------------------------------------------------

SEC. 814.\17\ REPEAL OF THE NORTH PACIFIC FISHERIES ACT OF 1954.

    The Act of August 12, 1954 (16 U.S.C. 1021-1035) is 
repealed.
---------------------------------------------------------------------------
    \17\ The North Pacific Fisheries Act of 1954 (Public Law 83-579; 16 
U.S.C. 1021-1035) gave effect to the International Convention for the 
High Seas Fisheries of the North Pacific Ocean, signed at Tokyo, May 9, 
1952.
                          7. Driftnet Fishing

            a. High Seas Driftnet Fisheries Enforcement Act

    Partial text of Public Law 102-582 [H.R. 2152], 106 Stat. 4900, 
 approved November 2, 1992; as amended by Public Law 104-43 [Fisheries 
 Act of 1995; H.R. 716], 109 Stat. 366, approved November 3, 1995; and 
    Public Law 104-208 [Department of Commerce and Related Agencies 
 Appropriations Act; title II of sec. 101(a) of title I of Public Law 
    104-208; H.R. 3610], 110 Stat. 3009, approved September 30, 1996

AN ACT To enhance the effectiveness of the United Nations international 
                 driftnet fishery conservation program.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``High Seas Driftnet Fisheries 
Enforcement Act''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1801 note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND POLICY.

    (a) Findings.--Congress makes the following findings:
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 1826a note.
---------------------------------------------------------------------------
          (1) Large-scale driftnet fishing on the high seas is 
        highly destructive to the living marine resources and 
        ocean ecosystems of the world's oceans, including 
        anadromous fish and other living marine resources of 
        the United States.
          (2) The cumulative effects of large-scale driftnet 
        fishing pose a significant threat to the marine 
        ecosystem, and slow-reproducing species like marine 
        mammals, sharks, and seabirds may require many years to 
        recover.
          (3) Members of the international community have 
        reviewed the best available scientific data on the 
        impacts of large-scale pelagic driftnet fishing, and 
        have failed to conclude that this practice has no 
        significant adverse impacts which threaten the 
        conservation and sustainable management of living 
        marine resources.
          (4) The United Nations, via General Assembly 
        Resolutions numbered 44-225, 45-197, and most recently 
        46-215 (adopted on December 20, 1991), has called for a 
        worldwide moratorium on all high seas driftnet fishing 
        by December 31, 1992, in all the world's oceans, 
        including enclosed seas and semi-enclosed seas.
          (5) The United Nations has commended the unilateral, 
        regional, and international efforts undertaken by 
        members of the international community and 
        international organizations to implement and support 
        the objectives of the General Assembly resolutions.
          (6) Operative paragraph (4) of United Nations General 
        Assembly Resolution numbered 46-215 specifically 
        ``encourages all members of the international community 
        to take measures individually and collectively to 
        prevent large-scale pelagic driftnet fishing operations 
        on the high seas of the world's oceans and seas''.
          (7) The United States, in section 307(1)(M) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1857(1)(M)),\3\ has specifically 
        prohibited the practice of large-scale driftnet fishing 
        by United States nationals and vessels both within the 
        exclusive economic zone of the United States and beyond 
        the exclusive economic zone of any nation.
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    \3\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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          (8) The Senate, through Senate Resolution 396 of the 
        One Hundredth Congress (approved on March 18, 1988), 
        has called for a moratorium on fishing in the Central 
        Bering Sea and the United States has taken concrete 
        steps to implement such moratorium through 
        international negotiations.
          (9) Despite the continued evidence of a decline in 
        the fishery resources of the Bering Sea and the 
        multiyear cooperative negotiations undertaken by the 
        United States, the Russian Federation, Japan, and other 
        concerned fishing nations, some nations refuse to agree 
        to measures to reduce or eliminate unregulated fishing 
        practices in the waters of the Bering Sea beyond the 
        exclusive economic zones of the United States and the 
        Russian Federation.
          (10) In order to ensure that the global moratorium on 
        large-scale driftnet fishing called for in United 
        Nations General Assembly Resolution numbered 46-215 
        takes effect by December 31, 1992, and that unregulated 
        fishing practices in the waters of the Central Bering 
        Sea are reduced or eliminated, the United States should 
        take the actions described in this Act and encourage 
        other nations to take similar action.
    (b) Policy.--It is the stated policy of the United States 
to--
          (1) implement United Nations General Assembly 
        Resolution numbered 46-215, approved unanimously on 
        December 20, 1991, which calls for an immediate 
        cessation to further expansion of large-scale driftnet 
        fishing, a 50 percent reduction in existing large-scale 
        driftnet fishing effort by June 30, 1992, and a global 
        moratorium on the use of large-scale driftnets beyond 
        the exclusive economic zone of any nation by December 
        31, 1992;
          (2) bring about a moratorium on fishing in the 
        Central Bering Sea, or an international conservation 
        and management agreement to which the United States and 
        the Russian Federation are parties that regulates 
        fishing in the Central Bering Sea; and
          (3) secure a permanent ban on the use of destructive 
        fishing practices, and in particular large-scale 
        driftnets, by persons or vessels fishing beyond the 
        exclusive economic zone of any nation.

            TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING

SEC. 101.\4\ DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS 
                    LARGE-SCALE DRIFTNET FISHING.

    (a) Denial of Port Privileges.--
          (1) Publication of list.--Not later than 30 days 
        after the date of enactment of this Act and 
        periodically thereafter, the Secretary of Commerce, in 
        consultation with the Secretary of State, shall publish 
        a list of nations whose nationals or vessels conduct 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 1826a.
---------------------------------------------------------------------------
          (2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with recognized 
        principles of international law--
                  (A) withhold or revoke the clearance required 
                by section 4197 of the Revised Statutes of the 
                United States (46 App. U.S.C. 91) for any 
                large-scale driftnet fishing vessel that is 
                documented under the laws of the United States 
                or of a nation included on a list published 
                under paragraph (1); and
                  (B) deny entry of that vessel to any place in 
                the United States and to the navigable waters 
                of the United States.
          (3) Notification of nation.--Before the publication 
        of a list of nations under paragraph (1), the Secretary 
        of State shall notify each nation included on that list 
        regarding--
                  (A) the effect of that publication on port 
                privileges of vessels of that nation under 
                paragraph (1); and
                  (B) any sanctions or requirements, under this 
                Act or any other law, that may be imposed on 
                that nation if nationals or vessels of that 
                nation continue to conduct large-scale driftnet 
                fishing beyond the exclusive economic zone of 
                any nation after December 31, 1992.
    (b) Sanctions.--
          (1) Identifications.--
                  (A) Initial identifications.--Not later than 
                January 10, 1993, the Secretary of Commerce 
                shall--
                          (i) identify each nation whose 
                        nationals or vessels are conducting 
                        large-scale driftnet fishing beyond the 
                        exclusive economic zone of any nation; 
                        and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
                  (B) Additional identifications.--At any time 
                after January 10, 1993, whenever the Secretary 
                of Commerce has reason to believe that the 
                nationals or vessels of any nation are 
                conducting large-scale driftnet fishing beyond 
                the exclusive economic zone of any nation, the 
                Secretary of Commerce shall--
                          (i) identify that nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
          (2) Consultations.--Not later than 30 days after a 
        nation is identified under paragraph (1)(B), the 
        President shall enter into consultations with the 
        government of that nation for the purpose of obtaining 
        an agreement that will effect the immediate termination 
        of large-scale driftnet fishing by the nationals or 
        vessels of that nation beyond the exclusive economic 
        zone of any nation.
          (3) Prohibition on imports of fish and fish products 
        and sport fishing equipment.--
                  (A) Prohibition.--The President--
                          (i) upon receipt of notification of 
                        the identification of a nation under 
                        paragraph (1)(A); or
                          (ii) if the consultations with the 
                        government of a nation under paragraph 
                        (2) are not satisfactorily concluded 
                        within ninety days, shall direct the 
                        Secretary of the Treasury to prohibit 
                        the importation into the United States 
                        of fish and fish products and sport 
                        fishing equipment (as that term is 
                        defined in section 4162 of the Internal 
                        Revenue Code of 1986 (26 U.S.C. 4162)) 
                        from that nation.
                  (B) Implementation of prohibition.--With 
                respect to an import prohibition directed under 
                subparagraph (A), the Secretary of the Treasury 
                shall implement such prohibition not later than 
                the date that is forty-five days after the date 
                on which the Secretary has received the 
                direction from the President.
                  (C) Public notice of prohibition.--Before the 
                effective date of any import prohibition under 
                this paragraph, the Secretary of the Treasury 
                shall provide public notice of the impending 
                prohibition.
          (4) Additional economic sanctions.--
                  (A) Determination of effectiveness of 
                sanctions.--Not later than six months after the 
                date the Secretary of Commerce identifies a 
                nation under paragraph (1), the Secretary shall 
                determine whether--
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation to terminate large-scale 
                        driftnet fishing conducted by its 
                        nationals and vessels beyond the 
                        exclusive economic zone of any nation; 
                        or
                          (ii) that nation has retaliated 
                        against the United States as a result 
                        of that prohibition.
                  (B) Certification.--The Secretary of Commerce 
                shall certify to the President each affirmative 
                determination under subparagraph (A) with 
                respect to a nation.
                  (C) Effect of certification.--Certification 
                by the Secretary of Commerce under subparagraph 
                (B) is deemed to be a certification under 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)), as amended by this 
                Act.

SEC. 102.\5\ DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.

    Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that such nation has terminated large-scale driftnet 
fishing by its nationals and vessels beyond the exclusive 
economic zone of any nation.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 1826b.
---------------------------------------------------------------------------

SEC. 103. REQUIREMENTS UNDER MARINE MAMMAL PROTECTION ACT OF 1972.

    Section 101(a)(2) of the Marine Mammal Protection Act of 
1972 (16 U.S.C. 1371(a)(2)) is amended--
          (1) in subparagraph (E)(i) by striking ``July 1, 
        1992'' and inserting in lieu thereof ``January 1, 
        1993''; and
          (2) in the last sentence by inserting ``, except 
        that, until January 1, 1994, the term `driftnet' does 
        not include the use in the northeast Atlantic Ocean of 
        gillnets with a total length not to exceed five 
        kilometers if the use is in accordance with regulations 
        adopted by the European Community pursuant to the 
        October 28, 1991, decision by the Council of Fisheries 
        Ministers of the Community'' immediately after ``(16 
        U.S.C. 1822 note)''.

SEC. 104.\6\ DEFINITIONS.

    In this title, the following definitions apply:
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 1826c.
---------------------------------------------------------------------------
          (1) Fish and fish products.--The term ``fish and fish 
        products'' means any aquatic species (including marine 
        mammals and plants) and all products thereof exported 
        from a nation, whether or not taken by fishing vessels 
        of that nation or packed, processed, or otherwise 
        prepared for export in that nation or within the 
        jurisdiction thereof.
          (2) Large-scale driftnet fishing.--
                  (A) In general.--Except as provided in 
                subparagraph (B), the term ``large-scale 
                driftnet fishing'' means a method of fishing in 
                which a gillnet composed of a panel or panels 
                of webbing, or a series of such gillnets, with 
                a total length of two and one-half kilometers 
                or more is placed in the water and allowed to 
                drift with the currents and winds for the 
                purpose of entangling fish in the webbing.
                  (B) Exception.--Until January 1, 1994, the 
                term ``large-scale driftnet fishing'' does not 
                include the use in the northeast Atlantic Ocean 
                of gillnets with a total length not to exceed 
                five kilometers if the use is in accordance 
                with regulations adopted by the European 
                Community pursuant to the October 28, 1991, 
                decision by the Council of Fisheries Ministers 
                of the Community.
          (3) Large-scale driftnet fishing vessel.--The term 
        ``large-scale driftnet fishing vessel'' means any 
        vessel which is--
                  (A) used for, equipped to be used for, or of 
                a type which is normally used for large-scale 
                driftnet fishing; or
                  (B) used for aiding or assisting one or more 
                vessels at sea in the performance of large-
                scale driftnet fishing, including preparation, 
                supply, storage, refrigeration, transportation, 
                or processing.

               TITLE II--FISHERIES CONSERVATION PROGRAMS

SEC. 201.\7\ IMPORT RESTRICTIONS UNDER FISHERMEN'S PROTECTIVE ACT OF 
                    1967. * * *
---------------------------------------------------------------------------

    \7\ Sec. 201 amended sec. 8 of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1978).
---------------------------------------------------------------------------

SEC. 202.\8\ ENFORCEMENT.

    (a) In General.--Not later than six months after the date 
of the enactment of this Act, the Secretary of the department 
in which the Coast Guard is operating, the Secretary of 
Commerce, and the Secretary of Defense shall enter into an 
agreement under section 311(a) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861(a)) \9\ in 
order to make more effective the enforcement of domestic laws 
and international agreements that conserve and manage the 
living marine resources of the United States.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 1861 note.
    \9\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
    (b) Terms.--The agreement entered into under subsection (a) 
shall include--
          (1) procedures for identifying and providing the 
        location of vessels that are in violation of domestic 
        laws or international agreements to conserve and manage 
        the living marine resources of the United States;
          (2) requirements for the use of the surveillance 
        capabilities of the Department of Defense; and
          (3) procedures for communicating vessel locations to 
        the Secretary of Commerce and the Coast Guard.

SEC. 203. TRADE NEGOTIATIONS AND THE ENVIRONMENT.

    It is the sense of the Congress that the President, in 
carrying out multilateral, bilateral, and regional trade 
negotiations, should seek to--
          (1) address environmental issues related to the 
        negotiations;
          (2) modify articles of the General Agreement on 
        Tariffs and Trade (referred to in this section as 
        ``GATT'') to take into consideration the national 
        environmental laws of the GATT Contracting Parties and 
        international environmental treaties;
          (3) secure a working party on trade and the 
        environment within GATT as soon as possible;
          (4) take an active role in developing trade policies 
        that make GATT more responsive to national and 
        international environmental concerns;
          (5) include Federal agencies with environmental 
        expertise during the negotiations to determine the 
        impact of the proposed trade agreements on national 
        environmental law; and
          (6) periodically consult with interested parties 
        concerning the progress of the negotiations.

         TITLE III--FISHERIES ENFORCEMENT IN CENTRAL BERING SEA

SEC. 301.\10\ SHORT TITLE.

    This title may be cited as the ``Central Bering Sea 
Fisheries Enforcement Act of 1992''.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 1823 note.
---------------------------------------------------------------------------

SEC. 302.\10\ PROHIBITION APPLICABLE TO UNITED STATES VESSELS AND 
                    NATIONALS.

    (a) Prohibition.--Vessels and nationals of the United 
States are prohibited from conducting fishing operations in the 
Central Bering Sea and the Central Sea of Okhotsk,\11\ except 
where such fishing operations are conducted in accordance with 
an international fishery agreement to which the United States 
and the Russian Federation are parties.
---------------------------------------------------------------------------
    \11\ Sec. 502(a) of the Sea of Okhotsk Fisheries Enforcement Act of 
1995 (title V of the Fisheries Act of 1995; Public Law 104-43; 109 
Stat. 391) inserted ``and the Central Sea of Okhotsk''.
---------------------------------------------------------------------------
    (b) Civil Penalties and Permit Sanctions.--A violation of 
this section shall be subject to civil penalties and permit 
sanctions under section 308 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858).\9\

SEC. 303.\10\ PORT PRIVILEGES DENIAL FOR FISHING IN CENTRAL BERING SEA.

    (a) Denial of Port Privileges.--The Secretary of the 
Treasury shall, after December 31, 1992, in accordance with 
recognized principles of international law--
          (1) withhold or revoke the clearance required by 
        section 4197 of the Revised Statutes of the United 
        States (46 App. U.S.C. 91) for any fishing vessel 
        documented under the laws of a nation that is included 
        on a list published under subsection (b); and
          (2) deny entry of such fishing vessel to any place in 
        the United States and to the navigable waters of the 
        United States.
    (b) Publication of List.--Not later than forty-five days 
after the date of enactment of this Act, the Secretary of 
Commerce, in consultation with the Secretary of State and the 
Secretary of the department in which the Coast Guard is 
operating, shall publish in the Federal Register a list of 
nations whose nationals or vessels conduct fishing operations 
in the Central Bering Sea, except where such fishing operations 
are in accordance with an international fishery agreement to 
which the United States and the Russian Federation are parties. 
The Secretary shall publish as an addendum to the list the name 
of each vessel documented under the laws of each listed nation 
which conducts fishing operations in the Central Bering Sea. A 
revised list shall be published whenever the list is no longer 
accurate, except that a nation may not be removed from the list 
unless--
          (1) the nationals and vessels of that nation have not 
        conducted fishing operations in the Central Bering Sea 
        for the previous ninety days and the nation has 
        committed, through a bilateral agreement with the 
        United States or in any other manner acceptable to the 
        Secretary of Commerce, not to permit its nationals or 
        vessels to resume such fishing operations; or
          (2) the nationals and vessels of that nation are 
        conducting fishing operations in the Central Bering Sea 
        that are in accordance with an international fishery 
        agreement to which the United States and the Russian 
        Federation are parties.
    (c) Notification of Nation.--Before the publication of a 
list of nations under subsection (b), the Secretary of State 
shall notify each nation included on that list and explain the 
requirement to deny the port privileges of fishing vessels of 
that nation under subsection (a) as a result of such 
publication.

SEC. 304.\10\ DURATION OF PORT PRIVILEGES DENIAL.

    Any denial of port privileges under section 303 with 
respect to any fishing vessel of a nation shall remain in 
effect until such nation is no longer listed under section 
303(b).

SEC. 305.\10\ RESTRICTION ON FISHING IN UNITED STATES EXCLUSIVE 
                    ECONOMIC ZONE.

    (a) Regulations.--Within one hundred and eighty days after 
the date of enactment of this Act, after notice and public 
comment, the Secretary of Commerce shall issue regulations, 
under the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) \9\ and any other applicable law, 
to prohibit--
          (1) any permitted fishing vessel from catching, 
        taking, or harvesting fish in a fishery under the 
        geographical authority of the North Pacific Fishery 
        Management Council if such vessel is owned or 
        controlled by any person that also owns or controls a 
        fishing vessel that is listed on the addendum under 
        section 303(b);
          (2) any processing facility from receiving any fish 
        caught, taken, or harvested in a fishery under the 
        geographical authority of the North Pacific Fishery 
        Management Council if such facility is owned or 
        controlled by any person that also owns or controls a 
        fishing vessel that is listed on the addendum under 
        section 303(b); and
          (3) any permitted fishing vessel from delivering fish 
        caught, taken, or harvested in a fishery under the 
        geographic authority of the North Pacific Fishery 
        Management Council to a processing facility that is 
        owned or controlled by any person that also owns or 
        controls a fishing vessel that is listed on the 
        addendum under section 303(b).
    (b) Requirement for Submission of Documents.--The Secretary 
of Commerce shall require under any regulations issued under 
subsection (a) the submission of any affidavits, financial 
statements, corporate agreements, and other documents that the 
Secretary of Commerce determines, after notice and public 
comment, are necessary to ensure that all vessels and 
processing facilities are in compliance with this section.
    (c) Appeals; Duration of Prohibitions.--The regulations 
issued under subsection (a) shall--
          (1) establish procedures for a person to appeal a 
        decision to impose a prohibition under subsection (a) 
        on a vessel or processing facility owned or controlled 
        by that person; and
          (2) specify procedures for the removal of any 
        prohibition imposed on a vessel or processing facility 
        under subsection (a)--
                  (A) upon publication of a revised list under 
                section 303(b), and a revised addendum which 
                does not include a fishing vessel owned or 
                controlled by the person who also owns or 
                controls the vessel or facility to which the 
                prohibition applies; or
                  (B) on the date that is ninety days after 
                such person terminates ownership and control in 
                fishing vessels that are listed on the addendum 
                under section 303(b).

SEC. 306.\10\ DEFINITIONS.

    In this title, the following definitions apply:
          (1) Central bering sea.--The term ``Central Bering 
        Sea'' means the central Bering Sea area which is more 
        than two hundred nautical miles seaward of the 
        baselines from which the breadth of the territorial 
        seas of the United States and the Russian Federation 
        are measured.
          (2) \12\ 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.
---------------------------------------------------------------------------
    \12\ Sec. 502(b) of Public Law 104-43 (109 Stat. 391) redesignated 
paras. (2) through (6) as paras. (3) through (7), respectively, and 
added a new para. (2).
---------------------------------------------------------------------------
          (3) \12\ Fishing vessel.--The term ``fishing vessel'' 
        means any vessel which is used for--
                  (A) catching, taking, or harvesting fish; or
                  (B) aiding or assisting one or more vessels 
                at sea in the performance of fishing 
                operations, including preparation, supply, 
                storage, refrigeration, transportation, or 
                processing.
          (4) \12\ Owns or controls.--When used in reference to 
        a vessel or processing facility--
                  (A) the term ``owns'' means holding legal 
                title to the vessel or processing facility; and
                  (B) the term ``controls'' includes an 
                absolute right to direct the business of the 
                person owning the vessel or processing 
                facility, to limit the actions of or replace 
                the chief executive officer (by whatever 
                title), a majority of the board of directors, 
                or any general partner (as applicable) of such 
                person, to direct the transfer or operations of 
                the vessel or processing facility, or otherwise 
                to exercise authority over the business of such 
                person, but the term does not include the right 
                simply to participate in those activities of 
                such person or the right to receive a financial 
                return, such as interest or the equivalent of 
                interest, on a loan or other financing 
                obligation.
          (5) \12\ Permitted fishing vessel.--The term 
        ``permitted fishing vessel'' means any fishing vessel 
        that is subject to a permit issued by the Secretary of 
        Commerce under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.).\9\
          (6) \12\ Person.--The term ``person'' means any 
        individual (whether or not a citizen of the United 
        States), any corporation, partnership, association, 
        cooperative, or other entity (whether or not organized 
        under the laws of any State), and any State, local, or 
        foreign government, or any entity of such government or 
        the Federal Government.
          (7) \12\ Processing facility.--The term ``processing 
        facility'' means any fish processing establishment or 
        fish processing vessel that receives unprocessed fish.

SEC. 307.\10\ TERMINATION.

    This title shall cease to have force and effect after the 
date that is seven years after the date of enactment of this 
Act, except that any proceeding with respect to violations of 
section 302 occurring prior to such termination date shall be 
conducted as if that section were still in effect.

                   TITLE IV--MISCELLANEOUS PROVISIONS

SEC. 401. INTERMEDIARY NATIONS INVOLVED IN EXPORT OF CERTAIN TUNA 
                    PRODUCTS.

    (a) Intermediary Nation Defined.--Section 3 of the Marine 
Mammal Protection Act of 1972 (16 U.S.C. 1362) is amended by 
redesignating paragraphs (5) through (14) as paragraphs (6) 
through (15), respectively, and by inserting immediately after 
paragraph (4) the following new paragraph:
          ``(5) The term `intermediary nation' means a nation 
        that exports yellowfin tuna or yellowfin tuna products 
        to the United States and that imports yellowfin tuna or 
        yellowfin tuna products that are subject to a direct 
        ban on importation into the United States pursuant to 
        section 101(a)(2)(B).''.
    (b) Embargo on Imports From Intermediary Nations.--Section 
101(a)(2)(C) of the Marine Mammal Protection Act of 1972 (16 
U.S.C. 1371(a)(2)(C)) is amended to read as follows:
          ``(C) shall require the government of any 
        intermediary nation to certify and provide reasonable 
        proof to the Secretary that it has not imported, within 
        the preceding six months, any yellowfin tuna or 
        yellowfin tuna products that are subject to a direct 
        ban on importation to the United States under 
        subparagraph (B);''.

SEC. 402. AUTHORITY TO EXTEND REEMPLOYMENT RIGHTS.

    For purposes of employee rights and entitlements conferred 
by or pursuant to subchapter IV of chapter 35 of title 5, 
United States Code, the Secretary of State may, notwithstanding 
any other law or regulation, extend the reemployment rights of 
an employee of the United States who, as of January 1, 1992, 
was serving with the Intergovernmental Panel on Climate Change. 
Such extension may be made for two years, and may be further 
extended for one year, if the Secretary of State determines 
that such service is in the national interest and is necessary 
to facilitate the activities of the Intergovernmental Panel on 
Climate Change or any successor organization.
          * * * * * * *
         b. Driftnet Impact Monitoring, Assessment, and Control

 Title IV of Public Law 100-220 [United States-Japan Fishery Agreement 
Approval Act of 1987; H.R. 3674], 100 Stat. 1458, approved December 29, 
  1987; as amended by Public Law 104-208 [Department of Commerce and 
Related Agencies Appropriations Act; title II of sec. 101(a) of title I 
 of Public Law 104-208; H.R. 3610], 110 Stat. 3009, approved September 
                                30, 1996

AN ACT To provide congressional approval of the Governing International 
 Fishery Agreements between the United States and Japan; to implement 
   the provisions of Annex V to the International Convention for the 
 Prevention of Pollution from Ships, 1973; to reauthorize the National 
 Sea Grant College Program Act; to improve efforts to monitor, assess, 
  and reduce the adverse impacts of driftnets; and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
          * * * * * * *

     TITLE IV--DRIFTNET IMPACT MONITORING, ASSESSMENT, AND CONTROL

SEC. 4001.\1\ SHORT TITLE.

    This title may be cited as the ``Driftnet Impact 
Monitoring, Assessment, and Control Act of 1987.''
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1822 note. See also sec. 206 of the Magnuson-Stevens 
Fishery Conservation and Management Act, as amended.
---------------------------------------------------------------------------

SEC. 4002. FINDINGS

    The Congress finds that--
          (1) the use of long plastic driftnets is a fishing 
        technique that may result in the entanglement and death 
        of enormous numbers of target and nontarget marine 
        resources in the waters of the North Pacific Ocean, 
        including the Bering Sea;
          (2) there is a pressing need for detailed and 
        reliable information on the number of marine resources 
        that become entangled and die in actively fished 
        driftnets and in driftnets that are lost, abandoned, or 
        discarded; and
          (3) increased efforts are necessary to monitor, 
        assess, and reduce the adverse impacts of driftnets.

SEC. 4003. DEFINITIONS.

    As used in this title--
          (1) Driftnet.--The term ``driftnet'' means a gillnet 
        composed of a panel of plastic webbing one and one-half 
        miles or more in length.
          (2) Driftnet fishing.--The term ``driftnet fishing'' 
        means a fish-harvesting method in which a driftnet is 
        placed in water and allowed to drift with the currents 
        and winds for the purpose of entangling fish in the 
        webbing.
          (3) Exclusive economic zone of the united states.--
        The term ``exclusive economic zone of the United 
        States'' means the zone defined in section 3(6) of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1802(b)).\2\
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
---------------------------------------------------------------------------
          (4) Marine resources.--The term ``marine resources'' 
        includes fish, shellfish, marine mammals, seabirds, and 
        other forms of marine life or waterfowl.
          (5) Marine resources of the united states.--The term 
        ``marine resources of the United States'' means--
                  (A) marine resources found in, or which breed 
                within, areas subject to the jurisdiction of 
                the United States, including the exclusive 
                economic zone of the United States; and
                  (B) species of fish, wherever found, that 
                spawn in the fresh or estuarine waters of the 
                United States.
          (6) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.

SEC. 4004. MONITORING AGREEMENTS

    (a) Negotiations.--The Secretary, through the Secretary of 
State and in consultation with the Secretary of the Interior, 
shall immediately initiate, negotiations with each foreign 
government that conducts, or authorizes its nationals to 
conduct, driftnet fishing that results in the taking of marine 
resources of the United States in waters of the North Pacific 
Ocean outside of the exclusive economic zone and territorial 
sea of any nation, for the purpose of entering into agreements 
for statistically reliable cooperative monitoring and 
assessment of the numbers of marine resources of the United 
States killed and retrieved, discarded, or lost by the foreign 
government's driftnet fishing vessels. Such agreements shall 
provide for--
          (1) the use of a sufficient number of vessels from 
        which scientists of the United States and the foreign 
        governments may observe and gather reliable 
        information; and
          (2) appropriate methods of sharing equally the costs 
        associated with such activities.
    (b) Report.--The Secretary, in consultation with the 
Secretary of State, shall provide to the Congress not later 
than 1 year after the date of enactment of this Act a full 
report on the results of negotiations under this section.

SEC. 4005. IMPACT REPORT.

    (a) In General.--The Secretary shall provide to the 
Congress within 1 year after the date of the enactment of this 
Act, and at such other times thereafter as the Secretary 
considers appropriate, a report identifying the nature, extent, 
and effects of driftnet fishing in waters of the North Pacific 
Ocean on marine resources of the United States. The report 
shall include the best available information on--
          (1) the number and flag state of vessels involved;
          (2) the areas fished;
          (3) the length, width, and mesh size of driftnets 
        used;
          (4) the number of marine resources of the United 
        States killed by such fishing;
          (5) the effect of seabird mortality, as determined by 
        the Secretary of the Interior, on seabird populations; 
        and
          (6) any other information the Secretary considers 
        appropriate.
    (b) Information From Foreign Governments.--The Secretary, 
through the Secretary of State, shall--
          (1) request relevant foreign governments to provide 
        the information described in subsection (a), and
          (2) include in a report under this section the 
        information so provided and an evaluation of the 
        adequacy and reliability of such information.

SEC. 4006. ENFORCEMENT AGREEMENTS.

    (a) Negotiations.--The Secretary shall immediately 
initiate, through the Secretary of State and in consultation 
with the Secretary of the Department in which the Coast Guard 
is operating negotiations with each foreign government that 
conducts, or authorizes its nationals to conduct, driftnet 
fishing that results in the taking of marine resources of the 
United States in waters of the North Pacific Ocean outside of 
the exclusive economic zone and territorial sea of any nation, 
for the purpose of entering into agreements for effective 
enforcement of laws, regulations, and agreements applicable to 
the location, season, and other aspects of the operations of 
the foreign government's driftnet fishing vessels. Such 
agreements shall include measures for--
          (1) the effective monitoring and detection of 
        violations;
          (2) the collection and presentation of such evidence 
        of violations as may be necessary for the successful 
        prosecution of such violations by the responsible 
        authorities;
          (3) reporting to the United States of penalties 
        imposed by the foreign governments for violations; and
          (4) appropriate methods for sharing equally the costs 
        associated with such activities.
    (b) Certification For Purposes Of Fishermen's Protective 
Act of 1967.--If the Secretary, in consultation with the 
Secretary of State, determines that a foreign government has 
failed, within 18 months after the date of the enactment of 
this Act, to enter into and implement an agreement under 
subsection (a) or section 4004(a) that is adequate, the 
Secretary shall certify such fact to the President, which 
certification shall be deemed to be a certification for the 
purposes of section 8(a) of the Fishermen's Protective Act of 
1967 (22 U.S.C. 1978(a)).

SEC. 4007. EVALUATIONS AND RECOMMENDATIONS.

    (a) Marking, Registry, and Identification System.--The 
Secretary shall evaluate, in consultation with officials of 
other Federal agencies and such other persons as may be 
appropriate, the feasibility of and develop recommendations for 
the establishment of a driftnet marking, registry, and 
identification system to provide a reliable method for the 
determination of the origin by vessel, of lost, discarded, or 
abandoned driftnets and fragments of driftnets. In conducting 
such evaluation, the Secretary shall consider the adequacy of 
existing driftnet identification systems of foreign nations and 
the extent to which these systems achieve the objectives of 
this title.
    (b) Alternative Driftnet Materials.--The Secretary, in 
consultation with such other persons as may be appropriate, 
shall evaluate the feasibility of, and develop appropriate 
recommendations for, the use of alternative materials in 
driftnets for the purpose of increasing the rate of 
decomposition of driftnets that are discarded or lost at sea.
    (c) Driftnet Bounty System.--The Secretary, in consultation 
with such other persons as may be appropriate, shall evaluate 
the feasibility of and develop appropriate recommendations for 
the implementation of a driftnet bounty system to pay persons 
who retrieve from the exclusive economic zone and deposit with 
the Secretary lost, abandoned, and discarded driftnet and other 
plastic fishing material.
    (d) Driftnet Fishing Vessel Tracking System.--The 
Secretary, in consultation with such other persons as may be 
appropriate, shall evaluate the feasibility of, and develop 
appropriate recommendations for, the establishment of a 
cooperative driftnet fishing vessel tracking system to 
facilitate efforts to monitor the location of driftnet fishing 
vessels.
    (e) Report.--The Secretary shall transmit to the Congress 
not later than 18 months after the date of the enactment of 
this Act a report setting forth--
          (1) the evaluations and recommendations developed 
        under subsections (a), (b), (c), and (d);
          (2) the most effective and appropriate means of 
        implementing such recommendations;
          (3) any need for further research and development 
        efforts and the estimated cost and time required for 
        completion of such efforts; and
          (4) any need for legislation to provide authority to 
        carry out such recommendations.

SEC. 4008. CONSTRUCTION WITH OTHER LAWS.

     This title shall not serve or be construed to expand or 
diminish the sovereign rights of the United States, as stated 
by Presidential Proclamation Numbered 5030, dated March 10, 
1983, and reflected in existing law on the date of the 
enactment of this Act.

SEC. 4009. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Department 
of Commerce and the Department of State, such sums as may be 
necessary to carry out the purposes of this title.
 8. Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 
                                  \1\

Partial text of Public Law 101-646 [H.R. 5390] 104 Stat. 4761, approved 
  November 29, 1990; as amended by Public Law 104-332 [H.R. 4283] 110 
                 Stat. 4091, approved October 26, 1996

AN ACT To prevent and control infestations of the coastal inland waters 
   of the United States by the zebra mussel and other nonindigenous 
aquatic nuisance species, to reauthorize the National Sea Grant College 
                    Program, and for other purposes.

            TITLE I--AQUATIC NUISANCE PREVENTION AND CONTROL

                     Subtitle A--General Provisions

SECTION 1001.\2\ SHORT TITLE.

    This title may be cited as the ``Nonindigenous Aquatic 
Nuisance Prevention and Control Act of 1990''.
---------------------------------------------------------------------------
    \1\ This Act was originally enrolled and printed in its entirety in 
quotation marks. Sec. 2(h) of the National Invasive Species Act of 1996 
(Public Law 104-332; 110 Stat. 4091) struck out the quotation marks in 
titles I, II, and IV.
    \2\ 16 U.S.C. 4701 note.
---------------------------------------------------------------------------
          * * * * * * *

     Subtitle C--Prevention and Control of Aquatic Nuisance Species

          * * * * * * *

SEC. 1206.\3\ INTERNATIONAL COOPERATION.

    (a) Advice.--The Task Force \4\ shall provide timely advice 
to the Secretary of State concerning aquatic nuisance species 
that infest waters shared with other countries.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 4726.
    \4\ The Aquatic Nuisance Species Task Force, as established by sec. 
1201 of this Act, is directed largely to matters within the United 
States. See 16 U.S.C. 4721.
---------------------------------------------------------------------------
    (b) Negotiations.--The Secretary of State, in consultation 
with the Task Force, is encouraged to initiate negotiations 
with the governments of foreign countries concerning the 
planning and implementation of prevention, monitoring, 
research, education, and control programs related to aquatic 
nuisance species infesting shared water resources.
          * * * * * * *

             Subtitle E--Cooperative Environmental Analyses

SEC. 1401.\5\ ENVIRONMENTAL IMPACT ANALYSES.

    The Secretary of State, in consultation with the Council on 
Environmental Quality, is encouraged to enter into negotiations 
with the governments of Canada and Mexico to provide for 
reciprocal environmental impact analyses of major Federal 
actions which have significant transboundary effects on the 
quality of the human environment in the United States, Canada, 
and Mexico.
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 4751.
---------------------------------------------------------------------------
          * * * * * * *
9. Negotiation of International Agreements for the Conservation of Sea 
                                Turtles

 Partial text of Public Law 101-162 [Departments of Commerce, Justice, 
  and State, the Judiciary, and Related Agencies Appropriations Act, 
  1990; H.R. 2991], 103 Stat. 988 at 1037, approved November 21, 1989

AN ACT Making appropriations for the Departments of Commerce, Justice, 
  and State, the Judiciary, and related agencies for the fiscal year 
           ending September 30, 1990, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That the 
following sums are appropriated, out of any money in the 
Treasury not otherwise appropriated, for the Departments of 
Commerce, Justice, and State, the Judiciary, and related 
agencies for the fiscal year ending September 30, 1990, and for 
other purposes, namely:
          * * * * * * *

                      TITLE VI--GENERAL PROVISIONS

          * * * * * * *
  Sec. 609.\1\ (a) The Secretary of State, in consultation with 
the Secretary of Commerce, shall, with respect to those species 
of sea turtles the conservation of which is the subject of 
regulations promulgated by the Secretary of Commerce on June 
29, 1987--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 1537 note.
---------------------------------------------------------------------------
          (1) initiate negotiations as soon as possible for the 
        development of bilateral or multilateral agreements 
        with other nations for the protection and conservation 
        of such species of sea turtles;
          (2) initiate negotiations as soon as possible with 
        all foreign governments which are engaged in, or which 
        have persons or companies engaged in, commercial 
        fishing operations which, as determined by the 
        Secretary of Commerce, may affect adversely such 
        species of sea turtles, for the purpose of entering 
        into bilateral and multilateral treaties with such 
        countries to protect such species of sea turtles;
          (3) encourage such other agreements to promote the 
        purposes of this section with other nations for the 
        protection of specific ocean and land regions which are 
        of special significance to the health and stability of 
        such species of sea turtles;
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of such species of sea turtles to which 
        the United States is a party in order to make such 
        treaty consistent with the purposes and policies of 
        this section; and
          (5) provide to the Congress by not later than one 
        year after the date of enactment of this section--
                  (A) a list of each nation which conducts 
                commercial shrimp fishing operations within the 
                geographic range of distribution of such sea 
                turtles;
                  (B) a list of each nation which conducts 
                commercial shrimp fishing operations which may 
                affect adversely such species of sea turtles; 
                and
                  (C) a full report on--
                          (i) the results of his efforts under 
                        this section; and
                          (ii) the status of measures taken by 
                        each nation listed pursuant to 
                        paragraph (A) or (B) to protect and 
                        conserve such sea turtles.
  (b)(1) In General.--The importation of shrimp or products 
from shrimp which have been harvested with commercial fishing 
technology which may affect adversely such species of sea 
turtles shall be prohibited not later than May 1, 1991, except 
as provided in paragraph (2).
  (2) \2\ Certification Procedure.--The ban on importation of 
shrimp or products from shrimp pursuant to paragraph (1) shall 
not apply if the President shall determine and certify to the 
Congress not later than May 1, 1991, and annually thereafter 
that--
---------------------------------------------------------------------------
    \2\ Authority to issue this determination is delegated to the 
Department of State (Presidential memorandum of December 19, 1990; 56 
F.R. 357).
    In Public Notice 5077, effective April 28, 2005 (70 F.R. 25156), 
the State Department certified that 13 nations have adopted programs to 
reduce the incidental capture of sea turtles in their shrimp fisheries 
comparable to the program in effect in the United States. The 
Department also certified that the fishing environments in 24 other 
countries and one economy, Hong Kong, do not pose a threat of the 
incidental taking of sea turtles protected under sec. 609. Shrimp 
imports from any nation not certified were prohibited effective May 1, 
2005, pursuant to sec. 609.
    See also Office of the U.S. Trade Representative, ``WTO Dispute 
Settlement Proceeding Regarding Section 609 of Public Law 101-162,'' 
Docket No. WTO/D-12, 62 F.R. 13934.
    See also 50 CFR Parts 217 and 227.
---------------------------------------------------------------------------
          (A) the government of the harvesting nation has 
        provided documentary evidence of the adoption of a 
        regulatory program governing the incidental taking of 
        such sea turtles in the course of such harvesting that 
        is comparable to that of the United States; and
          (B) the average rate of that incidental taking by the 
        vessels of the harvesting nation is comparable to the 
        average rate of incidental taking of sea turtles by 
        United States vessels in the course of such harvesting; 
        or
          (C) the particular fishing environment of the 
        harvesting nation does not pose a threat of the 
        incidental taking of such sea turtles in the course of 
        such harvesting.
          * * * * * * *
                               10. Whales

             a. Wildlife Sanctuary for Humpback Whales \1\

Public Law 99-630 [H.J. Res. 67], 100 Stat. 3514, approved November 7, 
                                  1986

 JOINT RESOLUTION Calling for a wildlife sanctuary for humpback whales 
                          in the West Indies.

    Resolved by the Senate and House of Representatives of the 
United States of America in Congress assembled, That the 
President shall, in concert with the International Whaling 
Commission, seek a treaty or other appropriate international 
agreement establishing a wildlife sanctuary for humpback whales 
in the West Indies, in the area encompassing the Turks Islands, 
Mouchoir Passage, Silver Bank Passage, Navidad Bank, and such 
additional areas in the West Indies as may be necessary to 
ensure the protection of the breeding grounds of the humpback 
whales.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 916 note.
                 b. Whaling Convention Act of 1949 \1\

   Public Law 81-676 [S. 2080], 64 Stat. 421, approved August 9, 1950

AN ACT To authorize the regulation of whaling and to give effect to the 
   International Convention for the Regulation of Whaling signed at 
 Washington under date of December 2, 1946,\2\ by the United States of 
     America and certain other governments, and for other purposes.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,
---------------------------------------------------------------------------
    \1\ See also sec. 405 of the Department of State Authorization Act, 
Fiscal Years 1980 and 1981 (Public Law 96-60; 93 Stat. 403), which 
urged the International Whaling Commission to agree to a moratorium on 
the commercial killing of whales. The section also called upon specific 
countries to comply voluntarily with a moratorium. For complete text, 
see Legislation on Foreign Relations Through 2005, vol. II-A.
    \2\ 62 Stat. 1716: TIAS 1849: 4 Bevans 248; 161 UNTS 62.
---------------------------------------------------------------------------
    Section 1.\3\ That this Act may be cited as the ``Whaling 
Convention Act of 1949''.
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 916 note.
---------------------------------------------------------------------------
    Sec. 2.\4\ When used in this Act--
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 916.
---------------------------------------------------------------------------
    (a) Convention: The word ``Convention'' means the 
International Convention for the Regulation of Whaling signed 
at Washington under the date of December 2, 1946, by the United 
States of America and certain other governments.
    (b) Commission: The word ``Commission'' means the 
International Whaling Commission established by article III of 
the convention.
    (c) United States Commissioner: The words ``United States 
Commissioner'' mean the member of the International Whaling 
Commission representing the United States of America appointed 
pursuant to article III of the convention and section 3 of this 
Act.
    (d) Person: The word ``person'' denotes every individual, 
partnership, corporation, and association subject to the 
jurisdiction of the United States.
    (e) Vessel: The word ``vessel'' denotes every kind, type, 
or description of water craft or contrivance subject to the 
jurisdiction of the United States used, or capable of being 
used, as a means of transportation.
    (f) Factory ship: The words ``factory ship'' mean a vessel 
in which or on which whales are treated or processed, whether 
wholly or in part.
    (g) Land station: The words ``land station'' mean a factory 
on the land at which whales are treated or processed, whether 
wholly or in part.
    (h) Whale catcher: The words ``whale catcher'' mean a 
vessel used for the purposes of hunting, killing, taking, 
towing, holding onto, or scouting for whales.
    (i) Whale products: The words ``whale products'' mean any 
unprocessed part of a whale and blubber, meat, bones, whale 
oil, sperm oil, spermaceti, meal, and baleen.
    (j) Whaling: The word ``whaling'' means the scouting for, 
hunting, killing, taking, towing, holding onto, and flensing of 
whales, and the possession, treatment, or processing of whales 
or of whale products.
    (k) Regulations of the Commission: The words ``regulations 
of the Commission'' mean the whaling regulations in the 
schedule annexed to and constituting a part of the convention 
in their original forms or as modified, revised, or amended by 
the Commission from time to time, in pursuance of article V of 
the convention.
    (l) Regulations of the Secretary of Commerce: \5\ The words 
``regulations of the Secretary of Commerce'' means such 
regulations as may be issued by the Secretary of Commerce, from 
time to time, in accordance with sections 11 and 12 of this 
Act.
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    \5\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 
2090) struck out ``Secretary of the Interior'' and inserted in lieu 
thereof ``Secretary of Commerce''.
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    Sec. 3.\6\ (a) The United States Commissioner shall be 
appointed by the President, on the concurrent recommendations 
of the Secretary of State and the Secretary of Commerce, and 
shall serve at the pleasure of the President.
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    \6\ 16 U.S.C. 916a.
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    (b) The President may appoint a Deputy United States 
Commissioner, on the concurrent recommendations of the 
Secretary of State and the Secretary of Commerce. The Deputy 
United States Commissioner shall serve at the pleasure of the 
President and shall be the principal technical adviser to the 
United States Commissioner, and shall be empowered to perform 
the duties of the Commissioner in case of the death, 
resignation, absence, or illness of the Commissioner.
    (c) The United States Commissioner and Deputy Commissioner, 
although officers of the United States Government, shall 
receive no compensation for their services.
    Sec. 4.\7\ The Secretary of State is authorized, with the 
concurrence of the Secretary of Commerce, to present or 
withdraw any objections on behalf of the United States 
Government to such regulations or amendments of the schedule to 
the convention as are adopted by the Commission and submitted 
to the United States Government in accordance with article V of 
the convention. The Secretary of State is further authorized to 
receive on behalf of the United States Government reports, 
requests, recommendations, and other communications of the 
Commission, and to act thereon either directly or by reference 
to the appropriate authority.
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    \7\ 16 U.S.C. 916b.
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    Sec. 5.\8\ (a) It shall be unlawful for any person subject 
to the jurisdiction of the United States (1) to engage in 
whaling in violation of the convention or of any regulation of 
the Commission, or of this Act, or of any regulation of the 
Secretary of Commerce; (2) to ship, transport, purchase, sell, 
offer for sale, import, export, or have in possession any whale 
or whale products taken or processed in violation of the 
convention, or of any regulation of the Commission, or of this 
Act, or of any regulation of the Secretary of Commerce; (3) to 
fail to make, keep, submit, or furnish any record or report 
required of him by the convention, or by any regulation of the 
Commission, or by any regulation of the Secretary of Commerce, 
or to refuse to permit any officer authorized to enforce the 
convention, the regulations of the Commission, this Act, and 
the regulations of the Secretary of Commerce, to inspect such 
record or report at any reasonable time.
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    \8\ 16 U.S.C. 916c. Sec. 403 of Public Law 107-372 (116 Stat. 3102) 
provided:
    ``Notwithstanding any provision of law, the use of a vessel to tow 
a whale taken in a traditional subsistence whale hunt permitted by 
Federal law and conducted in waters off the coast of Alaska is 
authorized, if such towing is performed upon a request for emergency 
assistance made by a subsistence whale hunting organization formally 
recognized by an agency of the United States Government, or made by a 
member of such an organization, to prevent the loss of a whale.''.
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    (b) It shall be unlawful for any person or vessel subject 
to the jurisdiction of the United States to do any act 
prohibited or to fail to do any act required by the convention, 
or by this Act, or by any regulation adopted by the Commission, 
or by any regulation of the Secretary of Commerce.
    Sec. 6.\9\ (a) No person shall engage in whaling without 
first having obtained an appropriate license or scientific 
permit. Such licenses shall be issued by the Secretary of 
Commerce or such officer or the Department of the Interior as 
may be designated by him: Provided, That the Secretary, in his 
discretion and by appropriate regulation, may waive the payment 
of any license fee or the requirement that a license first be 
obtained, in connection with the salvage of any ``Dauhval'' or 
unclaimed dead whale found floating or stranded.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 916d.
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    (b) The following licenses and fees shall be required for 
each calendar year or any fraction thereof and shall be 
nontransferable except under such conditions as may be 
prescribed by the Secretary:
          (1) Land-station license for primary processing of 
        whales, $250.
          (2) Land-station license for secondary processing of 
        parts of whales delivered to it by a land station 
        licensed as a primary processor, $100.
          (3) Factory-ship license for primary processing of 
        whales delivered by whaler catchers, $250.
          (4) License for any vessel used exclusively for 
        transporting whale products from a factory ship to a 
        port during the whaling season, $100.
          (5) Whale-catcher license, $100.
    (c) All moneys derived from the issuance of whaling 
licenses shall be covered into the Treasury of the United 
States, and no license fee shall be refunded by reason of the 
failure of any person to whom a license has been issued to 
utilize the facility in whaling for which such license was 
issued.
    (d) Any person, in making application for a license to 
operate a whale catcher, must furnish evidence or affidavit 
satisfactory to the Secretary of Commerce that, in addition to 
conforming to other applicable laws and regulations, (1) the 
whale catcher is adequately equipped and competently manned to 
engage in whaling in accordance with the provisions of the 
convention, the regulations of the Commission, and the 
regulations of the Secretary of Commerce; (2) gunners and crews 
will be compensated on some basis that does not depend 
primarily on the number of whales taken; and (3) no bonuses or 
other partial remuneration with relation to the number of 
whales taken shall be paid to gunners and crews in respect of 
the taking of any whales, the taking of which is prohibited.
    (e) Any person, in making application for a license to 
operate a land station or a factory ship must furnish evidence 
or affidavits to the satisfaction of the Secretary of Commerce 
that, in addition to conforming to other applicable laws and 
regulations, such land station or factory ship is adequately 
equipped to comply with provisions of the convention, of the 
regulations of the Commission, and of the regulations of the 
Secretary of Commerce with respect to the processing of whales 
or the manufacture of whale products.
    Sec. 7.\10\ Any person who fails to make, keep, or furnish 
any catch return, statistical record, or any report that may be 
required by the convention or by any regulation of the 
Commission, or by this Act, or by a regulation of the Secretary 
of Commerce, or any person who furnishes a false return, 
record, or report, upon conviction, shall be subject to such 
fine as may be imposed by the court not to exceed $500, and 
shall in addition be prohibited from whaling, processing, or 
possessing whales, and whale products from the date of 
conviction until such time as any delinquent return, record, or 
report shall have been submitted or any false return, record, 
or report shall have been replaced by a duly certified correct 
and true return, record, or report to the satisfaction of the 
court. The penalties imposed by section 8 of this Act shall not 
be invoked for failure to comply with requirements respecting 
returns, records, and reports.
---------------------------------------------------------------------------
    \10\ 16 U.S.C. 916e.
---------------------------------------------------------------------------
    Sec. 8.\11\ Except as to violations defined in clause 3 of 
subsection (a) of section (5) of this Act, any person violating 
any provision of the convention, or of any regulation of the 
Commission, or of this Act, or of any regulation of the 
Secretary of Commerce upon conviction, shall be fined not more 
than $10,000 or be imprisoned not more than one year, or both. 
In addition the court may prohibit such person from whaling for 
such period of time as it may determine, and may order 
forfeited, in whole or in part, the whales taken by such person 
in whaling during the season, or the whale products derived 
therefrom or the monetary value thereof. Such forfeited whales 
or whale products shall be disposed of in accordance with the 
direction of the court.
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    \11\ 16 U.S.C. 916f.
---------------------------------------------------------------------------
    Sec. 9.\12\ (a) Any duly authorized enforcement officer or 
employee of the Department of Commerce; \13\ any Coast Guard 
officer; any United States marshal or deputy United States 
marshal; any customs officer; and any other person authorized 
to enforce the provisions of the convention, the regulations of 
the Commission, this Act, and the regulations of the Secretary 
of Commerce, shall have power, without warrant or other process 
but subject to the provisions of the convention, to arrest any 
person subject to the jurisdiction of the United States 
committing in his presence or view a violation of the 
convention or of this Act, or of the regulations of the 
Commission, or of the regulations of the Secretary of Commerce 
and to take such person immediately for examination before a 
justice or judge or any other official designated in section 
3041 of title 18 of the United States Code; and shall have 
power, without warrant or other process, to search any vessel 
subject to the jurisdiction of the United States or land 
station when he has reasonable cause to believe that such 
vessel or land station is engaged in whaling in violation of 
the provisions of the convention or this Act, or the 
regulations of the Commission, or the regulations of the 
Secretary of Commerce. Any person authorized to enforce the 
provisions of the convention, this Act, the regulations of the 
Commission, or the regulations of the Secretary of Commerce 
shall have power to execute any warrant or process issued by an 
officer or court of competent jurisdiction for the enforcement 
of this Act, and shall have power with a search warrant to 
search any vessel, person, or place at any time. The judges of 
the United States district courts and the United States 
magistrates \14\ may, within their respective jurisdictions, 
upon proper oath or affirmation showing probable cause, issue 
warrants in all such cases. Subject to the provisions of the 
convention, any person authorized to enforce the convention, 
this Act, the regulations of the Commission, and the 
regulations of the Secretary of Commerce may seize, whenever 
and wherever lawfully found, all whales or whale products 
taken, processed, or possessed contrary to the provisions of 
the convention, of this Act, of the regulations of the 
Commission, or of the regulations of the Secretary of Commerce.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 916g.
    \13\ Reorganization Plan No. 4 of 1970 (35 F.R. 15627; 84 Stat. 
2090) struck out ``United States Fish and Wildlife Service of the 
Department of the Interior'' and inserted in lieu thereof ``Department 
of Commerce'',
    \14\ Sec. 402 of Public Law 90-578 (82 Stat. 1118; October 17, 
1968) struck out ``United States commissioners'' and inserted in lieu 
thereof ``United States magistrates''. Sec. 402 further provided that, 
within each district, references in previously enacted statutes and 
previously promulgated rules and regulations to United States 
commissioners are to be deemed, within such district, references to 
United States magistrates duly appointed under sec. 631 of Title 28 as 
soon as the first United States magistrate assumes office within that 
district or on October 17, 1971, whichever is earlier. See Applicable 
Law note under sec. 631 of Title 28: Judiciary and Judicial Procedure.
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    Any property so seized shall not be disposed of except 
pursuant to the order of a court of competent jurisdiction or 
the provisions of subsection (b) of this section, or, if 
perishable, in the manner prescribed by regulations of the 
Secretary of Commerce.
    (b) notwithstanding the provisions of section 2464 of title 
28 of the United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any property seized if the process has 
been levied, on receiving from the claimant of the property a 
bond or stipulation for double the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction, conditioned to deliver the property 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court.
    Sec. 10.\15\ (a) In order to avoid duplication in 
scientific and other programs, the Secretary of State, with the 
concurrence of the agency, institution, or organization 
concerned, may direct the United States Commissioner to arrange 
for the cooperation of agencies of the United States 
Government, and of State and private institutions and 
organizations in carrying out the provisions of article IV of 
the convention.
---------------------------------------------------------------------------
    \15\ 16 U.S.C. 916h.
---------------------------------------------------------------------------
    (b) All agencies of the Federal Government are authorized, 
on request of the Commission, to cooperate in the conduct of 
scientific and other programs, or to furnish facilities and 
personnel for the purpose of assisting the Commission in the 
performance of its duties as prescribed by the convention.
    Sec. 11.\16\ Nothing contained in this Act shall prevent 
the taking of whales and the conducting of biological 
experiments at any time for purposes of scientific 
investigation in accordance with scientific permits and 
regulations issued by the Secretary of Commerce or shall 
prevent the Commission from discharging its duties as 
prescribed by the convention.
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 916i.
---------------------------------------------------------------------------
    Sec. 12.\17\ (a) The Secretary of Commerce is authorized 
and directed to administer and enforce all of the provisions of 
this Act and regulations issued pursuant thereto and all of the 
provisions of the convention and of the regulations of the 
Commission, except to the extent otherwise provided for in this 
Act, in the convention, or in the regulations of the 
Commission. In carrying out such functions he is authorized to 
adopt such regulations as may be necessary to carry out the 
purposes and objectives of the convention, the regulations of 
the Commission, this Act, and with the concurrence of the 
Secretary of State, to cooperate with the duly authorized 
officials of the government of any party to the convention.
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 916j.
---------------------------------------------------------------------------
    (b) Enforcement activities under the provisions of this Act 
relating  to  vessels  engaged  in  whaling  and  subject  to  
the  jurisdiction of the United States primarily shall be the 
responsibility of the Secretary of the Treasury in cooperation 
with the Secretary of Commerce.
    (c) The Secretary of Commerce may authorize officers and 
employees of the coastal States of the United States to enforce 
the provisions of the convention, or of the regulations of the 
Commission, or of this Act, or of the regulations of the 
Secretary of Commerce. When so authorized such officers and 
employees may function as Federal law-enforcement officers for 
the purposes of this Act.
    Sec. 13.\18\ Regulations of the Commission approved and 
effective in accordance with section 4 of this Act and article 
V of the convention shall be submitted for appropriate action 
or publication in the Federal Register by the Secretary of 
Commerce and shall become effective with respect to all persons 
and vessels subject to the jurisdiction of the United States in 
accordance with the terms of such regulations and the 
provisions of article V of the convention.
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 916k.
---------------------------------------------------------------------------
    Sec. 14.\19\ There is hereby authorized to be appropriated 
from time to time, out of any moneys in the Treasury not 
otherwise appropriated, such sums as may be necessary to carry 
out the provisions of the convention and of this Act, including 
(1) contributions to the Commission for the United States share 
of any joint expenses of the Commission agreed by the United 
States and any of the other contracting governments, and (2) 
the expenses of the United States Commissioner and his staff, 
including (a) personal services in the District of Columbia and 
elsewhere, without regard to the civil service laws and the 
Classification Act of 1923, as amended; \20\ (b) travel 
expenses without regard to the Travel Expense Act of 1949 \21\ 
and section 73b of Title 5; \22\ (c) transportation of things, 
communication services; (d) rent of offices; (e) printing and 
binding without regard to section 111 of Title 44 \23\ and 
section 5 of Title 41; (f) stenographic and other services by 
contract, if deemed necessary, without regard to section 5 of 
Title 41; (g) supplies and materials; (h) equipment; (i) 
purchase, hire, operation, maintenance, and repair of aircraft, 
motor vehicles (including passenger-carrying vehicles), boats, 
and research vessels.
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    \19\ 16 U.S.C. 916l.
    \20\ Sec. 1202 of the Classification Act of 1949 (63 Stat. 972) 
repealed the Classification Act of 1923. Sec. 1106 of such Act provided 
that wherever reference was made to the Classification Act of 1923 it 
should be deemed a reference to the Classification Act of 1949. The 
Classification Act of 1949 is now covered by ch. 51 and subch. III of 
ch. 53 of title 5, Government Organization and Employees.
    \21\ The Travel Expense Act of 1949 is now covered by sec. 5701 et 
seq. of title 5.
    \22\ Sec. 73b of title 5 is now covered by sec. 5731 of title 5.
    \23\ Sec. 111 of title 44 is now covered by sec. 501 of title 44: 
Public Printing and Documents.
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    Sec. 15. If any provision of this Act or the application of 
such provision to any circumstances or persons shall be held 
invalid, the validity of the remainder of the Act and the 
applicability of such provision to other circumstances or 
persons shall not be affected thereby.
    Sec. 16. The Whaling Treaty Act of May 1, 1936 (49 Stat. 
1246; 16 U.S.C. 901-915), is hereby repealed and the Secretary 
of Commerce is authorized to refund any part of a license fee 
paid under said Act that is in excess of the license fee 
required under this Act.
            11. R.M.S. Titanic Maritime Memorial Act of 1986

 Public Law 99-513 [S. 2048], 100 Stat. 2082, approved October 21, 1986

AN ACT To encourage international efforts to designate the shipwreck of 
the R.M.S. Titanic as an international maritime memorial and to provide 
  for reasonable research, exploration, and, if appropriate, salvage 
               activities with respect to the shipwreck.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled,

SECTION 1.\1\ SHORT TITLE.

    This Act may be cited as the ``R.M.S. Titanic Maritime 
Memorial Act of 1986''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 450rr note.
---------------------------------------------------------------------------

SEC. 2.\2\ FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 450rr.
---------------------------------------------------------------------------
          (1) the R.M.S. Titanic, the oceanliner which sank on 
        her maiden voyage after striking an iceberg on April 
        14, 1912, should be designated as an international 
        maritime memorial to the men, women, and children who 
        perished aboard her;
          (2) the recent discovery of the R.M.S. Titanic, lying 
        more than twelve thousand feet beneath the ocean 
        surface, demonstrates the practical applications of 
        ocean science and engineering;
          (3) the R.M.S. Titanic, well preserved in the cold, 
        oxygen-poor waters of the deep North Atlantic Ocean, is 
        of major national and international cultural and 
        historical significance, and merits appropriate 
        international protection; and
          (4) the R.M.S. Titanic represents a special 
        opportunity for deep ocean scientific research and 
        exploration.
    (b) Purpose.--The Congress declares that the purposes of 
this Act are--
          (1) to encourage international efforts to designate 
        the R.M.S. Titanic as an international maritime 
        memorial to those who lost their lives aboard here in 
        1912;
          (2) to direct the United States to enter into 
        negotiations with other interested nations to establish 
        an international agreement which will provide for the 
        designation of the R.M.S. Titanic as an international 
        maritime memorial, and protect the scientific, 
        cultural, and historical significance of the R.M.S. 
        Titanic;
          (3) to encourage, in those negotiations or in other 
        fora, the development and implementation of 
        international guidelines for conducting research on, 
        exploration of, and if appropriate, salvage of the 
        R.M.S. Titanic; and
          (4) to express the sense of the United States 
        Congress that, pending such international agreement or 
        guidelines, no person should physically alter, disturb, 
        or salvage the R.M.S. Titanic in any research or 
        exploratory activities which are conducted.

SEC. 3.\3\ DEFINITIONS.

    For the purposes of this Act, the term--
---------------------------------------------------------------------------
    \3\ 16 U.S.C. 450rr-1.
---------------------------------------------------------------------------
          (a) ``Administrator'' means the Administrator of the 
        National Oceanic and Atmospheric Administration (NOAA);
          (b) ``person'' means any individual (whether or not a 
        citizen or national of the United State), any 
        corporation, partnership, association, or other entity 
        (whether or not organized, or existing under the law of 
        any State), and any Federal, State, local, or foreign 
        government or any entity of any such government;
          (c) ``R.M.S. Titanic'' means the shipwrecked vessel 
        R.M.S. Titanic, her cargo or other contents, including 
        those items which are scattered on the ocean floor in 
        her vicinity; and
          (d) ``Secretary'' means the Secretary of State.

SEC. 4.\4\ COMMENDATION.

    The Congress of the United States highly commends the 
members of the joint international expedition which discovered 
the R.M.S. Titanic.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 450rr-2.
---------------------------------------------------------------------------

SEC. 5.\5\ INTERNATIONAL GUIDELINES.

    (a) The Administrator is directed to enter into 
consultation with the United Kingdom, France, Canada, and other 
interested nations to develop international guidelines for 
research on, exploration of, and if appropriate, salvage of the 
R.M.S. Titanic, which--
---------------------------------------------------------------------------
    \5\ 16 U.S.C. 450rr-3.
---------------------------------------------------------------------------
          (1) are consistent with its national and 
        international scientific, cultural, and historical 
        significance and the purposes of this Act; and
          (2) promote the safety of individuals involved in 
        such operations.
    (b) In carrying out subsection (a), the Administrator shall 
consult with the Secretary and shall promote full participation 
by other interested Federal agencies, academic and research 
institutions, and members of the public.

SEC. 6.\6\ INTERNATIONAL AGREEMENT.

    (a) The Secretary is directed to enter into negotiations 
with the United Kingdom, France, Canada, and other interested 
nations to develop an international agreement which provides 
for--
---------------------------------------------------------------------------
    \6\ 16 U.S.C. 450rr-4.
---------------------------------------------------------------------------
          (1) the designation of the R.M.S. Titanic as an 
        international maritime memorial; and
          (2) research on, exploration of, and if appropriate, 
        salvage of the R.M.S. Titanic consistent with the 
        international guidelines developed pursuant to section 
        5 and the purposes of this Act.
    (b) In carrying out the requirements of subsection (a), the 
Secretary shall consult with the Administrator, who shall 
provide research and technical assistance to the Secretary.
    (c) The Secretary and the Administrator shall report 
semiannually to the Committee on Merchant Marine and Fisheries 
and the Committee on Foreign Affairs in the House of 
Representatives \7\ and to the Committee on Foreign Relations 
and the Committee on Commerce, Science, and Transportation in 
the Senate on the progress of the negotiations and 
consultations.
---------------------------------------------------------------------------
    \7\ Sec. 1(a)(5) of Public Law 104-14 (109 Stat. 186) provided that 
references to the Committee on Foreign Affairs of the House of 
Representatives shall be treated as referring to the Committee on 
International Relations of the House of Representatives.
    Sec. 1(b)(3) of Public Law 104-14 (109 Stat. 187) provided that 
references to the Committee on Merchant Marine and Fisheries of the 
House of Representatives shall be treated as referring to--
---------------------------------------------------------------------------

  (A) the Committee on Agriculture, in the case of a provision of law 
relating to inspection of seafood or seafood products;

  (B) the Committee on National Security, in the case of a provision of law 
relating to interoceanic canals, the Merchant Marine Academy and State 
Maritime Academies, or national security aspects of merchant marine;

  (C) the Committee on Resources, in the case of a provision of law 
relating to fisheries, wildlife, international fishing agreements, marine 
affairs (including coastal zone management) except for measures relating to 
oil and other pollution of navigable waters, or oceanography;

  (D) the Committee on Science, in the case of a provision of law relating 
to marine research; and

  (E) the Committee on Transportation, in the case of a provision of law 
relating to a matter other than a matter described in any of subparagraphs 
(A) through (D).

    (d) Upon adoption of an international agreement as 
described in subsection (a), the Secretary shall provide 
notification of the agreement and recommendations for 
legislation to implement the agreement to the Committee on 
Merchant Marine and Fisheries and the Committee on Foreign 
Affairs in the House of Representatives \7\ and to the 
Committee on Foreign Relations and the Committee on Commerce, 
Science, and Transportation in the Senate.

SEC. 7.\8\ SENSE OF CONGRESS REGARDING CONDUCT OF FUTURE ACTIVITIES.

    It is the sense of Congress that research and limited 
exploration activities concerning the R.M.S. Titanic should 
continue for the purpose of enhancing public knowledge of its 
scientific, cultural, and historical significance: Provided, 
That, pending adoption of the international agreement described 
in section 6(a) or implementation of the international 
guidelines described in section 5, no person should conduct any 
such research or exploration activity which would physically 
alter, disturb, or salvage the R.M.S. Titanic.
---------------------------------------------------------------------------
    \8\ 16 U.S.C. 450rr-5.
---------------------------------------------------------------------------

SEC. 8.\9\ DISCLAIMER OF EXTRATERRITORIAL SOVEREIGNTY.

    By enactment of this Act, the United States does not assert 
sovereignty, or sovereign or exclusive rights or jurisdiction 
over,or the ownership of, any marine areas or the R.M.S. 
Titanic.
---------------------------------------------------------------------------
    \9\ 16 U.S.C. 450rr-6.
                               12. Salmon

                  a. Pacific Salmon Treaty Act of 1985

 Public Law 99-5 [H.R. 1093], 99 Stat. 7, approved March 15, 1985; as 
  amended by Public Law 102-251 [Flower Garden Banks National Marine 
Sanctuary; H.R. 3866], 106 Stat. 60, approved March 9, 1992; Public Law 
  104-208 [Department of Commerce and Related Agencies Appropriations 
  Act; title II of sec. 101(a) of title I of Public Law 104-208; H.R. 
3610], 110 Stat. 3009, approved September 30, 1996; Public Law 106-113 
  [Consolidated Appropriations Act, 2000; H.R. 3194], 113 Stat. 1501, 
   approved November 29, 1999; and Public Law 106-554 [Consolidated 
Appropriations Act, 2001; H.R. 4942], 114 Stat. 2762, approved December 
                                21, 2000

   AN ACT To give effect to the Treaty Between the Government of the 
   United States of America and the Government of Canada Concerning 
          Pacific Salmon, signed at Ottawa, January 28, 1985.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the Pacific Salmon Treaty Act of 1985''.

SEC. 2.\1\ DEFINITIONS.

    As used in this title, unless the context otherwise 
requires, the term--
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 3631.
---------------------------------------------------------------------------
          (a) ``Commission'' means the Pacific Salmon 
        Commission established by the Treaty;
          (b) ``enhancement'' means manmade improvements to 
        natural habitats, or the application of artificial fish 
        culture technology, that will lead to the increase of 
        salmon stocks;
          (c) ``Magnuson-Stevens Act'' means the Act entitled 
        ``the Magnuson-Stevens Fishery Conservation and 
        Management Act,'' as approved April 13, 1976, and as 
        later amended (16 U.S.C. section 1801 et seq.); \2\
---------------------------------------------------------------------------
    \2\ Sec. 211(b) of the Department of Commerce and Related Agencies 
Appropriations Act, 1997 (title II of sec. 101(a) of title I of Public 
Law 104-208; 101 Stat. 3009), provided that: ``Effective 15 days after 
the enactment of the Sustainable Fisheries Act [enacted October 11, 
1996], all references to the Magnuson Fishery Conservation and 
Management Act shall be redesignated as references to the Magnuson-
Stevens Fishery Conservation and Management Act.''.
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          (d) ``Panel'' means any of the Panels established by 
        the Treaty;
          (e) ``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);
          (f) ``salmon'' means any anadromous species of the 
        family Salmonidae and genus Oncorhynchus, commonly 
        known as Pacific salmon, including but not limited to:

                              Popular names           Scientific name
                          Chinook or King Salmon  Oncorhynchus
                                                   tshawytscha
                          Coho or Silver Salmon.  Oncorhynchus kisutch
                          Pink or Humpback        Oncorhynchus gorbuscha
                           Salmon.
                          Chum or Dog Salmon....  Oncorhynchus keta
                          Sockeye or Red Salmon.  Oncorhynchus nerka
        and shall also include Steelhead (Salmo gairdneri);
          (g) ``Secretary'' means the Secretary of Commerce;
          (h) \3\ ``Special areas'' means the areas referred to 
        as eastern special areas in Article 3(1) of the 
        Agreement between the United States of America and the 
        Union of Soviet Socialist Republics on the Maritime 
        Boundary, signed June 1, 1990; in particular, the term 
        refers to those areas east of the maritime boundary, as 
        defined in that Agreement, that lie within 200 nautical 
        miles of the baselines from which the breadth of the 
        territorial sea of Russia is measured but beyond 200 
        nautical miles of the baselines from which the breadth 
        of the territorial sea of the United States is 
        measured.
---------------------------------------------------------------------------
    \3\ Sec. 306(a) of Public Law 102-251 (106 Stat. 66) redesignated 
subsecs. (h) through (j) as subsecs. (i) through (k) and added a new 
subsec. (h).
---------------------------------------------------------------------------
          (i) \3\ ``Treaty'' means the Treaty between the 
        Government of the United States of America and the 
        Government of Canada Concerning Pacific Salmon, signed 
        at Ottawa, January 28, 1985;
          (j) \3\ ``treaty Indian tribe'' means any of the 
        federally recognized Indian tribes of the Columbia 
        River basin, Washington coast or Puget Sound areas 
        having reserved fishing rights to salmon stocks subject 
        to the Treaty under treaties with the United States 
        Government; and
          (k) \3\ ``United States Section'' means the four 
        United States Commissioners appointed by the President 
        pursuant to this title.

SEC. 3.\4\ UNITED STATES SECTION.

    (a) Commissioners.--The United States shall be represented 
on the Commission by four United States Commissioners who are 
knowledgeable or experienced concerning Pacific salmon, to be 
appointed by and serve at the pleasure of the President. Of 
these, one shall be an official of the United States Government 
who shall be a nonvoting member of the United States Section; 
one shall be a resident of the State of Alaska and shall be 
appointed from a list of at least six qualified individuals 
nominated by the Governor of that State; one shall be a 
resident of the States of Oregon, or Washington and shall be 
appointed from a list of at least six qualified individuals 
nominated by the Governors of those States; and one shall be 
appointed from a list of at least six qualified individuals 
nominated by the treaty Indian tribes of the States of Idaho, 
Oregon or Washington. Two of the initial appointments shall be 
for two-year terms; all other appointments shall be for four-
year terms. Each Commissioner is eligible for reappointment. 
Any individual appointed to fill a vacancy occurring prior to 
the expiration of any term of office shall be appointed for the 
remainder of that term. Unless otherwise agreed, the 
chairmanship of the United States Section shall rotate annually 
among all four members with the order of rotation determined by 
lot at the first meeting.
---------------------------------------------------------------------------
    \4\ 16 U.S.C. 3632.
---------------------------------------------------------------------------
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary and the Secretary of the 
Interior, shall designate an Alternate Commissioner for each 
Commissioner from the respective lists referred to in section 
3(a), and may designate an Alternate Commissioner for the 
Federal Commissioner. In the absence of a Commissioner, the 
Alternate Commissioner may exercise all functions of such 
Commissioner at any meeting of the Commission or of the United 
States Section. Alternate Commissioners are eligible for 
reappointment and may attend all meetings of the United States 
Section.
    (c) Southern Panel.--The United States shall be represented 
on the southern Panel by six Panel members, of whom--
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Oregon, 
        with salmon fishery management responsibility and 
        expertise;
          (3) one shall be an official of the State of 
        Washington, with salmon fishery management 
        responsibility and expertise;
          (4) two shall be appointed from a list submitted by 
        the treaty Indian tribes of individuals with salmon 
        fishery management responsibility and expertise; and
          (5) one shall be appointed from the commercial or 
        recreational sector who is knowledgeable and 
        experienced in the salmon fisheries for which the 
        southern Panel is responsible.
    (d) Northern Panel.--The United States shall be represented 
on the northern Panel by six Panel members, of whom--
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Alaska, 
        with salmon fishery management responsibility and 
        expertise; and
          (3) four shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the 
        northern Panel is responsible.
    (e) Fraser River Panel.--The United States shall be 
represented on the Fraser River Panel by four Panel members, of 
whom--
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of 
        Washington, with salmon fishery management 
        responsibility and expertise;
          (3) one shall be appointed from a list submitted by 
        the treaty Indian tribes of individuals with salmon 
        fishery management responsibility and expertise for the 
        fisheries for which the Fraser River Panel is 
        responsible; and
          (4) one shall be appointed from the commercial sector 
        of the salmon fishing industry concerned with fisheries 
        for which the Fraser River Panel is responsible.
    (f) \5\ The United States shall be represented on the 
Transboundary Panel by seven panel members, of whom--
---------------------------------------------------------------------------
    \5\ Sec. 144(c)(5) of H.R. 5666, as enacted into law by sec. 
1(a)(4) of Public Law 106-554 (114 Stat. 2762) redesignated subsecs. 
(f) through (h) as subsecs. (g) through (i), and added a new subsec. 
(f).
---------------------------------------------------------------------------
          (1) one shall be an official of the United States 
        Government, with salmon fishery management 
        responsibility and expertise;
          (2) one shall be an official of the State of Alaska, 
        with salmon fishery management responsibility and 
        expertise; and
          (3) five shall be individuals knowledgeable and 
        experienced in the salmon fisheries for which the 
        Transboundary Panel is responsible.
    (g) \5\ Panel Appointments.--Panel members described in 
subsections (c)(2), (c)(3), (d)(2), and (e)(2) shall be 
appointed by the Governor of the applicable State. Panel 
members described in subsections (c)(4) and (e)(3) shall be 
appointed by the Secretary of the Interior from lists of 
nominations provided by the appropriate treaty Indian tribes. 
All other Panel members shall be appointed by the Secretary: 
Provided, That at least one member of the northern Panel shall 
be a voting member of the North Pacific Fishery Management 
Council, at least one member of the southern Panel shall be a 
voting member of the Pacific Fishery Management Council; and 
the Panel members described in subsections (c)(5), (d)(3), and 
(e)(4) shall be appointed from lists of nominations provided by 
the Governors of the applicable States. For the northern, 
southern, and Fraser River panels, the appointing authorities 
\6\ listed above may also designate an alternate Panel member, 
meeting the same qualifications and having the same term of 
office, to serve in the absence of a Panel member appointed 
under this subsection. Panel members and alternate Panel 
members, other than the southern Panel member described in 
subsection (c)(5), shall serve four-year terms; except that the 
Secretary of State shall designate one-half of the initial 
appointments to each Panel as serving two-year terms. The 
southern Panel member described in subsection (c)(5) and the 
corresponding alternate shall each be appointed for one-year 
terms; the first such member shall be appointed from the 
commercial sector and an alternate shall be appointed from the 
recreational sector, with the alternate succeeding to the 
member position in the subsequent year; thereafter the member 
and alternate positions shall rotate between the commercial and 
recreational sectors on an annual basis. Any individual 
appointed to fill a vacancy occurring prior to the expiration 
of any term of office shall be appointed for the remainder of 
that term. Panel members and alternates shall be eligible for 
reappointment and may attend all meetings of the relevant 
United States Panel Section.
---------------------------------------------------------------------------
    \6\ Sec. 144(c)(5)C) of H.R. 5666, as enacted into law by sec. 
1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``The 
appointing authorities'' and inserted in lieu thereof ``For the 
northern, southern, and Fraser River panels, the appointing 
authorities''.
---------------------------------------------------------------------------
    (h) \5\ Voting Requirements.--(1) Except as provided in 
paragraph (2), the \7\ United States Section shall operate with 
the objective of attaining consensus decisions in the 
development and exercise of its single vote within the 
Commission. A decision of the United States Section shall be 
taken when there is no dissenting vote.
---------------------------------------------------------------------------
    \7\ Sec. 623(c)(1) of H.R. 3421, as enacted into law by sec. 
1000(a)(1) of Public Law 106-113 (113 Stat. 1501), struck out ``The'' 
and inserted in lieu thereof ``Except as provided in paragraph (2), 
the''.
---------------------------------------------------------------------------
    (2) \8\ A decision of the United States Section with 
respect to any salmon fishery regime covered by chapter 1 or 2 
(except paragraph 4 of chapter 2) of Annex IV to the Pacific 
Salmon Treaty of 1985 shall be taken upon the affirmative vote 
of the United States Commissioner appointed from the list 
submitted by the Governor of Alaska pursuant to subsection (a). 
A decision of the United States Section with respect to any 
salmon fishery regime covered by chapter 4, 5 (except paragraph 
2(b) of chapter 5), or 6 of the Pacific Salmon Treaty of 1985 
shall be taken upon the affirmative vote of both the United 
States Commissioner appointed from the list submitted by the 
Governors of Washington and Oregon pursuant to subsection (a) 
and the United States Commissioner appointed from the list 
submitted by the treaty Indian tribes of the State of Idaho, 
Oregon, or Washington pursuant to subsection (a). Before a 
decision of the United States Section is made under this 
paragraph, the voting Commissioner or Commissioners shall 
consult with the Commissioner who is an official of the United 
States Government under subsection (a) \9\
---------------------------------------------------------------------------
    \8\ Sec. 623(c)(2) of H.R. 3421, as enacted into law by sec. 
1000(a)(1) of Public Law 106-113 (113 Stat. 1501), redesignated paras. 
(2) through (7) as paras. (3) through (8), and added a new para. (2).
    \9\ So in original. A period probably should appear at this point.
---------------------------------------------------------------------------
    (3) \8\ All decisions and recommendations of the United 
States Section of the northern, southern, and transboundary 
\10\ Panels shall require the concurring vote of a majority of 
the United States Panel members present and voting, except that 
decisions and recommendations of the southern Panel shall 
require the concurring vote of the members designated in 
subsections (c)(2) and (c)(3) and one of those members 
designated in subsection (c)(4).
---------------------------------------------------------------------------
    \10\ Sec. 144(c)(5)(D) of H.R. 5666, as enacted into law by sec. 
1(a)(4) of Public Law 106-554 (114 Stat. 2762) struck out ``northern 
and southern'' and inserted in lieu thereof ``northern, southern, and 
transboundary''.
---------------------------------------------------------------------------
    (4) \8\ All decisions and recommendations of the United 
States Section of the Fraser River Panel shall require the 
concurring vote of all United States Panel members present and 
voting, except that orders referred to in article VI(6) of the 
Treaty may be agreed to on the basis of a majority, provided 
that the Panel members representing the State and Tribal 
fishery management authorities concur.
    (5) \8\ All decisions and recommendations of any joint 
Panel shall require the concurring votes of each Panel under 
the voting rules specified in paragraphs (2) and (3).
    (6) \8\ To assist in the resolution of disputes affecting 
decisions of the United States Section or of the United States 
Panel sections, a three-person Conciliation Board may be 
established. The members of the Conciliation Board shall be 
selected by the United States Section as follows; each non-
Federal Commissioner shall submit a list of no fewer than three 
qualified nominees; one person shall be selected from each list 
by consensus decision of the Federal Commissioner and the other 
two non-Federal Commissioners. The Conciliation Board shall 
operate under such bylaws as may be established by the United 
States Section.
    (7) \8\ In any matter where the Fraser River Panel is 
unable to act because the United States Fraser River Panel 
members have been unable to reach a decision in accordance with 
paragraph (3) of this subsection, and upon a determination by 
the Chairman of the subsection, and upon a determination by the 
Chairman of the United States Section that an action of the 
Panel is required, the United States Section shall act for the 
United States Panel members in the Fraser River Panel.
    (8) \8\ In any matter where the Secretary of State 
determines that the United States is in jeopardy of not 
fulfilling its international obligations under the Treaty, the 
Secretary of State shall so certify to the United States 
Section. Such certification shall include the reasons for such 
determination and shall specify the date by which a decision by 
the United States Section is desired. If the United States 
Section has not reached a decision by the date specified, the 
Secretary of State, after consultation with the Secretary and 
the Secretary of the Interior, shall report on the matter to 
the President.
    (i) \5\ Consultation.--In carrying out their functions 
under the Treaty, the Commissioners and Panel members may 
consult with such other interested parties as they consider 
appropriate. The Federal Advisory Committee Act (5 U.S.C. App. 
1 et seq.) shall not apply.

SEC. 4.\11\ AUTHORITY AND RESPONSIBILITY.

    (a) The Secretary of State is authorized to--
---------------------------------------------------------------------------
    \11\ 16 U.S.C. 3633.
---------------------------------------------------------------------------
          (1) receive and transmit, on behalf of the United 
        States, reports, requests, recommendations, proposals, 
        and other communications of and to the Commission and 
        Panels;
          (2) in consultation with the Secretary and the 
        Secretary of the Interior, approve, disapprove, object 
        to, or withdraw objections to fishery regimes, 
        including enhancement programs and Fraser River Panel 
        regulations proposed in accordance with the Treaty, on 
        the condition that the United States shall be obligated 
        to carry out such regimes or regulations only to the 
        extent that funds are made available for such purposes 
        in appropriation Acts; and
          (3) act upon, or refer to other appropriate 
        authority, any communication referred to in paragraph 
        (1) of this subsection other than a proposed fishery 
        regime or Fraser River Panel regulation.
    (b) Recommendations of the Commission on fishery regimes or 
Fraser River Panel regulations approved by the Secretary of 
State pursuant to subsection (a)(2) shall be forwarded 
immediately to the States of Alaska, Oregon, Washington, and 
Idaho and to the treaty Indian tribes, as appropriate. In the 
exercise of their general fishery management authority, the 
States and treaty Indian tribes may adopt corresponding laws, 
regulations, or orders within their respective jurisdictions.
    (c) In cooperation with the appropriate Regional Fishery 
Management Councils, States and treaty Indian tribes, the 
Secretary shall prepare, as appropriate, all statements, 
reports, and information required by the Treaty and submit such 
documents to the Secretary of State, who shall transmit them to 
the Commission.

SEC. 5.\12\ INTERAGENCY COOPERATION.

    (a) In carrying out the provisions of the treaty and this 
title, the Secretary, in consultation with the Secretary of the 
Interior, may arrange for cooperation with agencies of the 
United States, the States, treaty Indian tribes, private 
institutions and organizations, and may execute such memoranda 
as may be necessary to reflect such agreements.
---------------------------------------------------------------------------
    \12\ 16 U.S.C. 3634.
---------------------------------------------------------------------------
    (b) Agencies of the United States may cooperate in the 
conduct of scientific and other programs, and may furnish 
facilities and personnel, for the purposes of assisting the 
Commission and Panels in carrying out their responsibilities 
under the Treaty. Such agencies may accept reimbursement from 
the Commission for providing such services, facilities, and 
personnel.

SEC. 6.\13\ PREEMPTION.

    If any State or treaty Indian tribe has taken any action, 
or omitted to take any action, the results of which place the 
United States in jeopardy of not fulfilling its international 
obligations under the Treaty, or any fishery regime or Fraser 
River Panel regulation adopted thereunder, the Secretary shall 
inform the State or tribe of the manner in which the action or 
inaction places the United States in jeopardy of not fulfilling 
its international obligations under the Treaty, of any remedial 
action which would relieve this concern, and of the intention 
to promulgate Federal regulations if such remedial actions are 
not undertaken within fifteen days unless an earlier action is 
required to avoid violation of United States Treaty 
obligations. Should United States action be required to meet 
Treaty obligations to Canada in respect to treaty Indian 
fisheries conducted in terminal areas subject to the continuing 
jurisdiction of a United States district court, such action 
shall be taken within the framework of such court jurisdiction. 
Otherwise, regulations may be promulgated by the Secretary 
pursuant to section 7(a) of this title which shall supersede 
any State or treaty Indian tribal law, regulation or order 
determined by the Secretary to place the United States in 
jeopardy of not fulfilling its international obligations under 
the Treaty. Timely notice of all such determinations shall be 
disseminated by electronic media and shall be published in 
local newspapers in the major fishing ports affected and in the 
Federal Register. In order to enable the United States to 
fulfill its obligations under article IV(7) of the Treaty, the 
States of Alaska, Idaho, Oregon and Washington and the treaty 
Indian tribes shall advise the Secretary of all pertinent laws 
or regulations pertaining to the harvest of Pacific salmon, 
together, with such amendments thereto as may be adopted from 
time to time.
---------------------------------------------------------------------------
    \13\ 16 U.S.C. 3635.
---------------------------------------------------------------------------

SEC. 7.\14\ RULEMAKING.

    (a) The Secretary, in consultation with the Secretary of 
the Interior, the Secretary of the Department in which the 
Coast Guard is operating and the appropriate Regional Fishery 
Management Council, shall promulgate such regulations as may be 
necessary to carry out the United States international 
obligations under the Treaty and this title, pursuant to 
section 6, as well as conforming amendatory regulations 
applicable to the United States Exclusive Economic Zone and 
special areas.\15\ 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. Such 
regulations as are necessary and appropriate to carry out 
obligations of the United States under the Treaty involving a 
foreign affairs function, and as such shall not be subject to 
sections 4 through 8 of the Administrative Procedure Act (5 
U.S.C. 553-557), or the National Environmental Policy Act (42 
U.S.C. 4321 et seq.).
---------------------------------------------------------------------------
    \14\ 16 U.S.C. 3636.
    \15\ Sec. 306(b) of Public Law 102-251 (106 Stat. 66) inserted 
``and special areas''.
---------------------------------------------------------------------------
    (b) The Secretary, in cooperation with the Regional Fishery 
Management Councils, States, and treaty Indian tribes, may 
promulgate regulations applicable to nationals or vessels of 
the United States, or both, which are in addition to, and not 
in conflict with, fishery regimes and Fraser River Panel 
regulations adopted under the Treaty. Such regulations shall 
not discriminate between residents of different States.
    (c) Regulations promulgated by the Secretary under this 
title shall be subject to judicial review by the district 
courts of the United States to the extent authorized by, and in 
accordance with, chapter 7 of title 5, United States Code; 
except that section 705 of such title is not applicable, and 
the appropriate court shall only set aside any such regulation 
on a ground specified in section 706(2 (A), (B), (C) or (D) of 
such title. A civil action filed pursuant to this section shall 
be assigned for hearing at the earliest possible date, shall 
take precedence over other matters pending on the docket of the 
United States district court at that time, and shall be 
expedited in every way by such court and any appellate court.

SEC. 8.\16\ PROHIBITED ACTS AND PENALTIES.

    (a) It is unlawful for any person or vessel subject to the 
jurisdiction of the United States--
---------------------------------------------------------------------------
    \16\ 16 U.S.C. 3637.
---------------------------------------------------------------------------
          (1) to violate any provision of this title, or of any 
        regulation adopted hereunder, or of any Fraser River 
        Panel regulation approved by the United States under 
        the Treaty;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this title to broad a fishing 
        vessel subject to such person's control for purposes of 
        conducting any search or inspection in connection with 
        the enforcement of this title;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search or inspection 
        described in subparagraph (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 title; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section.
    (b) Any person who commits any act that is unlawful under 
subsection (a) of this section be liable to the United States 
for a civil penalty as provided by section 308 of the Magnuson-
Stevens Act (16 U.S.C. 1858).
    (c) Any person who commits an act that is unlawful under 
paragraph (2), (3), (4), or (6) of subsection (a) of this 
section shall be guilty of an offense punishable as provided by 
section 309(b) of the Magnuson-Stevens Act (16 U.S.C. 1859(b)).
    (d)(1) Any vessel (including its gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act which is prohibited under subsection (a) of this section, 
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 which is prohibited by subsection (a) 
of this section, shall be subject to forfeiture as provided by 
section 310 of the Magnuson-Stevens Act (16 U.S.C. 1860).
    (2) 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 regulation of the 
Secretary.
    (e) 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 provided by 
subsections 311 (a), (b)(1), and (c) of the Magnuson-Stevens 
Act (16 U.S.C. 1861 (a), (b)(1), and (c)).
    (f) 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 interest of 
        justice.

SEC. 9.\17\ GENERAL STANDARDS.

    All actions taken under section 3(g), 4, 6, and 7 shall--
---------------------------------------------------------------------------
    \17\ 16 U.S.C. 3638.
---------------------------------------------------------------------------
          (a) take into account the best scientific information 
        available;
          (b) result in measures necessary and appropriate for 
        the conservation, management, utilization and 
        development of the Pacific salmon resource, with due 
        consideration of social and economic concerns; and
          (c) be consistent with United States obligations 
        under the Treaty, domestic Indian treaties and other 
        applicable law.

SEC. 10.\18\ ADVISORY COMMITTEE.

    (a) The United States Section shall appoint an advisory 
committee of not less than twelve but not more than twenty 
members who are knowledgeable and experienced with respect to 
fisheries subject to the Treaty. One-half the membership of the 
committee shall be residents of the State of Alaska and one 
member shall be a resident of the State of Idaho. Each member 
shall serve a term of two years and shall be eligible for 
reappointment.
---------------------------------------------------------------------------
    \18\ 16 U.S.C. 3639.
---------------------------------------------------------------------------
    (b) Members of the advisory committee may attend all public 
meetings of the Commission and Panels and all nonexecutive 
sessions of the United States Section and United States Panel 
sections. At nonexecutive meetings of the United States Section 
and United States Panel sections, members of the advisory 
committee shall be given the opportunity to examine and to be 
heard on any nonadministrative matter under consideration.
    (c) The members of the advisory committee shall receive no 
compensation for their services as such members.
    (d) The Chairman of the United States Section shall call a 
meeting of the advisory committee at least one time each year.

SEC. 11.\19\ ADMINISTRATIVE MATTERS.

    (a) Commissioners and Alternate Commissioners who are not 
State or Federal employees shall receive compensation at the 
daily rate of GS-18 of the General Schedule when engaged in the 
actual performance of duties for the United States Section or 
for the Commission.
---------------------------------------------------------------------------
    \19\ 16 U.S.C. 3640.
---------------------------------------------------------------------------
    (b) Panel Members and Alternate Panel Members who are not 
State or Federal employees shall receive compensation at the 
daily rate of GS-16 of the General Schedule when engaged in the 
actual performance of duties for the United States Section or 
for the Commission.
    (c) Travel and other necessary expenses shall be paid for 
all United States Commissioners, Alternate Commissioners, Panel 
Members, Alternate Panel Members, members of the Joint 
Technical Committee, and members of the Advisory Committee when 
engaged in the actual performance of duties for the United 
States Section or for the Commission.
    (d) Except for officials of the United States Government, 
such individuals shall not be considered to be Federal 
employees while engaged in the actual performance of duties for 
the United States Section or for the Commission, 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. 12.\20\ AUTHORIZATION OF APPROPRIATIONS

    There  are authorized to be appropriated from time to time 
such sums as may be necessary for carrying out the purposes and 
provisions of the Treaty and this title including--
---------------------------------------------------------------------------
    \20\ 16 U.S.C. 3641.
---------------------------------------------------------------------------
          (a) necessary travel expenses of the Commissioners, 
        Panel members, alternate Commissioners, alternate Panel 
        members, United States members of joint technical 
        committees established under article IV of the Treaty, 
        and advisory committee members in accordance with the 
        Federal Travel Regulations and sections 5701, 5702, 
        5704 through 5708, and 5731 of title 5, United States 
        Code;
          (b) the United States share of the joint expenses of 
        the Commission. Provided, That the United States 
        Commissioners and Panel members and alternates shall 
        not, with respect to commitments concerning the United 
        States share of the joint expenses of the Organization, 
        be subject to section 262b of title 22, United States 
        Code, insofar as it limits the authority of United 
        States representatives to international organizations 
        with respect to such commitments;
          (c) amounts for research, enhancement, and other 
        activities necessary to carry out the purposes of the 
        Treaty and this title; and
          (d) such amounts as may be due to settle accounts 
        upon termination of the International Pacific Salmon 
        Fisheries Commission.

SEC. 13. REPEALER.

    The Sockeye Salmon or Pink Salmon Fishing Act of July 29, 
1947 (16 U.S.C. 776-776f), as amended by the Act of July 11, 
1957, sections 1-3, is repealed, effective December 31, 1985. 
The Secretary of State \21\ shall dispose of any United States 
property held by the International Pacific Salmon Fisheries 
Commission on the date of its termination in a manner which 
would further the purposes of this title.
---------------------------------------------------------------------------
    \21\ 16 U.S.C. 3642, beginning at ``The Secretary of State''.
---------------------------------------------------------------------------

SEC. 14.\22\ SAVINGS.

    This title shall not be interpreted or applied so as to 
affect or modify rights established in existing Indian treaties 
and other existing Federal laws, including the Order entered in 
Confederated Tribes and Bands of the Yakima Indian Nation v. 
Baldrige, Civil No. 80-342 (WD WASH.). This section shall not 
be interpreted or applied so as to affect or modify any rights 
or obligations of the United States pursuant to the Treaty.
---------------------------------------------------------------------------
    \22\ 16 U.S.C. 3643.
---------------------------------------------------------------------------

SEC. 15.\23\ RESTRICTION ON SPENDING AUTHORITY.

    New spending authority or authority to enter into contracts 
provided in this Act shall be effective only to such extent, or 
in such amounts, as are provided in advance in appropriation 
Acts.
---------------------------------------------------------------------------
    \23\ 16 U.S.C. 3644.
               b. Atlantic Salmon Convention Act of 1982

  Title III of Public Law 97-389 [H.R. 3942], 96 Stat. 1949 at 1951, 
approved December 29, 1982; as amended by Public Law 98-44 [S. 625], 97 
                   Stat. 216, approved July 12, 1983

 AN ACT To amend the Commercial Fisheries Research and Development Act 
                                of 1964.

    Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Fisheries Amendments of 1982''.
          * * * * * * *

                TITLE III--NORTH ATLANTIC SALMON TREATY

    Sec. 301.\1\ This title may be cited as the ``Atlantic 
Salmon Convention Act of 1982''.
---------------------------------------------------------------------------
    \1\ 16 U.S.C. 3601 note.
---------------------------------------------------------------------------
    Sec. 302.\2\ As used in this title, the term--
---------------------------------------------------------------------------
    \2\ 16 U.S.C. 3601.
---------------------------------------------------------------------------
          (1) ``Act of 1976'' means the Act entitled ``An Act 
        to provide for the conservation and management of the 
        fisheries, and for other purposes'', approved April 13, 
        1976 (16 U.S.C. 1801 et seq.);
          (2) ``Commission'' means any of the Commissions of 
        the Organization that are established by the 
        Convention;
          (3) ``Commissioner'' means a United States 
        Commissioner appointed under section 403 of this title;
          (4) ``Convention'' means the Convention for the 
        Conservation of Salmon in the North Atlantic Ocean, 
        signed at Reykjavik, Iceland, on March 2, 1982;
          (5) ``Council'' means the Council established by the 
        Convention;
          (6) ``fishing'' has the same meaning as such term has 
        in section 3(10) of the Act of 1976 (16 U.S.C. 
        1802(10));
          (7) ``Organization'' means the North Atlantic Salmon 
        Conservation Organization established under the 
        Convention;
          (8) ``person'' has the same meaning as such term has 
        in section 3(19) of the Act of 1976 (16 U.S.C. 
        1802(19)); and
          (9) ``salmon'' means all species of salmon which 
        migrate in or into the waters of the Atlantic Ocean 
        north of 36 degrees north latitude.
    Sec. 303.\3\ (a) The United States shall be represented on 
the Council and Commissions by three United States 
Commissioners to be appointed by the President to serve at his 
pleasure. Of such Commissioners, one shall be an official of 
the United States Government, and two shall be individuals (not 
officials of the United States Government) who are 
knowledgeable or experienced concerning the conservation and 
management of salmon of United States origin.
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    \3\ 16 U.S.C. 3602.
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    (b) The Secretary of State, in consultation with the 
Secretary of Commerce and the Secretary of the Interior, may 
designate alternate United States Commissioners. In the absence 
of a Commissioner appointed under subsection (a) of this 
section, an alternate Commissioner may exercise at any meeting 
of the Organization, the Council, or any Commission all 
functions of such Commissioner.
    (c) Individuals who serve as Commissioners and alternate 
Commissioners shall not receive any compensation for such 
service. Such individuals shall not \4\ be considered to be 
Federal employees while performing such service, except for 
purposes of injury compensation or tort claims liability as 
provided in chapter 81 of title 5, United States Code, and 
chapter 171 of title 28, United States Code.
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    \4\ Sec. 102(1) of Public Law 98-44 (97 Stat. 216) added the word 
``not''.
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    (d) In carrying out their functions under the Convention, 
the Commissioners may consult with the appropriate Regional 
Fishery Management Councils established by section 302 of the 
Act of 1976 (16 U.S.C. 1852), and may consult with such other 
interested parties as they consider appropriate. The Federal 
Advisory Committee Act (5 U.S.C. App. 1 et seq.) shall not 
apply to consultations described in this subsection.
    Sec. 304.\5\ (a) The Secretary of State may--
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    \5\ 16 U.S.C. 3603.
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          (1) receive, on behalf of the United States, reports, 
        requests, recommendations, proposals, and other 
        communications of the Organization and its subsidiary 
        organs;
          (2) with the concurrence of the Secretary of Commerce 
        and the Secretary of the Interior, approve, object to, 
        or withdraw objections to regulatory measures proposed 
        in accordance with the Convention; and
          (3) act upon, or refer to other appropriate 
        authority, any communication referred to in paragraph 
        (1) of this subsection other th