apply and the extent to which such laws and regulations are enforced. AUTHORIZATION OF APPROPRIATIONS SEC. 10.33 There are authorized to be appropriated to carry out this Act, including use for payment of the United States share of the joint expenses of the Commission as provided in Article X of the Convention, the following sums: (1) For fiscal year 1995, $4,103,000, of which $50,000 are authorized in the aggregate for the advisory committee established under section 4 and the species working groups established under section 4A, and $2,890,000 are authorized for research activities under this Act and the Act of September 4, 1980 (16 U.S.C. 971i). (2) For fiscal year 1996, $5,453,000, of which $50,000 are authorized in the aggregate for such advisory committee and such working groups, and $4,240,000 are authorized for such research activities. (3) For fiscal year 1997, $5,465,000 of which $62,000 are authorized in the aggregate for such advisory committee and such working groups, and $4,240,000 are authorized for such research activities. (4) For fiscal year 1998, $5,465,000 of which $75,000 are authorized in the aggregate for such advisory committee and such working groups, and $4,240,000 are authorized for such research activities. SEPARABILITY SEC. 11.34 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. § 11.35 Annual report Not later than April 1, 1996, and annually thereafter, the Secretary shall prepare and transmit to the Committee on Resources of the House of Representatives and the Committee on Commerce, Science, and Transportation of the Senate a report, that— (1) details for the previous 10-year period the catches and exports to the United States of highly migratory species (including tunas, swordfish, marlin and sharks) from Nations fishing 33 16 U.S.C. 971h. Sec. 307 of the Atlantic Tunas Convention Authorization Act of 1995 (title III of the Fisheries Act of 1995; Public Law 104-43; 109 Stat. 386) amended and restated sec. 10, extending the authorization through fiscal year 1998. Previously, sec. 208 of the Fishery Conservation Amendments of 1990 (Public Law 101-627; 104 Stat. 4462) amended and restated sec. 10, extending the authorization of appropriations through fiscal years 1989 through 1993. 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 through fiscal year 1983. Sec. 101 of Public Law 98-44 (97 Stat. 216) extended the authorization through fiscal year 1986. Sec. 404 of Public Law 99-659 (100 Stat. 3737) extended the authorization through fiscal year 1989. 34 16 U.S.C. 971 note. 35 Sec. 308 of Public Law 104-43 (109 Stat. 386) added this second sec. 11, and a new sec. (4) The term "high seas fishing vessel" means any vessel of the United States used or intended for use (A) on the high seas; (B) for the purpose of the commercial exploitation of living marine resources; and (C) as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing oper ation. (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 docu mentation. (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 4. Fisheries Act of 1995 Partial text of Public Law 104-43 [H.R. 716], 109 Stat. 366, approved November 3, 1995; amended by 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 by Public Law 104-297 [Sustainable Fisheries Act; S. 39], 110 Stat. 3559, approved October 11, 1996 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". SEC. 2. TABLE OF CONTENTS. * * TITLE I-HIGH SEAS FISHING COMPLIANCE SEC. 101.2 SHORT TITLE. This title may be cited as the "High Seas Fishing Compliance Act of 1995". SEC. 102.3 PURPOSE. It is the purpose of this Act (1) to implement the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993; and (2) to establish a system of permitting, reporting, and regulation for vessels of the United States fishing on the high seas. SEC. 103.4 DEFINITIONS. As used in this Act (1) The term "Agreement" means the Agreement to Promote Compliance with International Conservation and Management Measures by Fishing Vessels on the High Seas, adopted by the Conference of the Food and Agriculture Organization of the United Nations on November 24, 1993. (2) The term "FAO" means the Food and Agriculture Organization of the United Nations. (3) The term "high seas" means the waters beyond the territorial sea or exclusive economic zone (or the equivalent) of any nation, to the extent that such territorial sea or exclusive economic zone (or the equivalent) is recognized by the United States. 116 U.S.C. 5501 note. 216 U.S.C. 5501 note. 316 U.S.C. 5501. 416 U.S.C. 5502. (4) The term "high seas fishing vessel" means any vessel of the United States used or intended for use (A) on the high seas; (B) for the purpose of the commercial exploitation of living marine resources; and (C) as a harvesting vessel, as a mother ship, or as any other support vessel directly engaged in a fishing oper ation. (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. (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 |