Northwest Atlantic Fisheries Convention Amendments Act

Summary: .  Northwest Atlantic Fisheries Convention Amendments Act  (Sec. 2) This bill permanently reauthorizes and amends the Northwest Atlantic Fisheries Convention Act of 1995, which provides for: (1) the implementation of the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, done in Ottawa on October 24, 1978 (1978 Convention); and (2) the management and conservation of fish in the convention area (specified waters in the Northwest Atlantic Ocean). The Convention on Cooperation in the Northwest Atlantic Fisheries, which was adopted in Lisbon on September 28, 2007, is implemented as well. The 2007 Convention amends the 1978 Convention. (Sec. 8) The bill applies to all fish, mollusks, and crustaceans within the convention area, excluding: (1) sedentary species over which coastal states may exercise sovereign rights consistent with the United Nations Convention on the Law of the Sea of 10 December 1982 (1982 Convention), and (2) anadromous and catadromous stocks and highly migratory species managed under other international treaties and listed in the 1982 Convention. The bill also applies to vessels engaged in fishing activities, including fish harvesting vessels, fish processing vessels, vessels engaged in transshipment of fishery resources, and vessels engaged in experimental or exploratory fishing activities.  (Sec. 10) The bill repeals provisions requiring the National Oceanic and Atmospheric Administration to establish and report on a new quota allocation practice. 

SECTION 1. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC FISHERIES 
              CONVENTION ACT OF 1995.

    (a) Short Title.--This Act may be cited as the ``Northwest Atlantic 
Fisheries Convention Amendments Act''.
    (b) References to the Northwest Atlantic Fisheries Convention Act 
of 1995.--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 Northwest 
Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.).

SEC. 2. REPRESENTATION OF THE UNITED STATES UNDER CONVENTION.

    Section 202 (16 U.S.C. 5601) is amended--
            (1) in subsection (a)(1), by striking ``General Council and 
        the Fisheries'';
            (2) in subsection (b)(1), by striking ``at a meeting of the 
        General Council or the Fisheries Commission'';
            (3) in subsection (b)(2), by striking ``, at any meeting of 
        the General Council or the Fisheries Commission for which the 
        Alternate Commissioner is designated'';
            (4) in subsection (d)(1), by striking ``at a meeting of the 
        Scientific Council'';
            (5) in subsection (d)(2), by striking ``, at any meeting of 
        the Scientific Council for which the Alternative Representative 
        is designated''; and
            (6) in subsection (f)(1)(A), by striking ``Magnuson Act'' 
        and inserting ``Magnuson-Stevens Fishery Conservation and 
        Management Act''.

SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE.

    Section 203 (16 U.S.C. 5602) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Representatives may'' and 
                inserting ``A Representative may'';
                    (B) by striking ``described in subsection (b)(1) or 
                (2)'' and inserting ``described in paragraph (1) or (2) 
                of subsection (b)''; and
                    (C) by striking ``the Representatives have'' and 
                inserting ``the Representative has'';
            (2) by striking ``VII(1)'' each place it appears and 
        inserting ``VII(10)(b)''; and
            (3) in subsection (b)(2), by striking ``VIII(2)'' and 
        inserting ``VII(11)''.

SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.

    Section 204 (16 U.S.C. 5603) is amended by striking ``Fisheries 
Commission'' each place it appears and inserting ``Commission 
consistent with the procedures detailed in Articles XIV and XV of the 
Convention''.

SEC. 5. INTERAGENCY COOPERATION.

    Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows:
    ``(a) Authorities of the Secretary.--In carrying out the provisions 
of the Convention and this title, the Secretary may arrange for 
cooperation with--
            ``(1) any department, agency, or instrumentality of the 
        United States;
            ``(2) a State;
            ``(3) a Council; or
            ``(4) a private institution or an organization.''.

SEC. 6. PROHIBITED ACTS AND PENALTIES.

    Section 207 (16 U.S.C. 5606) is amended--
            (1) by striking ``Magnuson Act'' each place it appears and 
        inserting ``Magnuson-Stevens Fishery Conservation and 
        Management Act''; and
            (2) by striking ``fish'' each place it appears and 
        inserting ``fishery resources''.

SEC. 7. CONSULTATIVE COMMITTEE.

    Section 208 (16 U.S.C. 5607) is amended--
            (1) in subsection (b)(2), by striking ``two'' and inserting 
        ``2''; and
            (2) in subsection (c), by striking ``General Council or the 
        Fisheries'' each place it appears.

SEC. 8. DEFINITIONS.

    Section 210 (16 U.S.C. 5609) is amended to read as follows:

``SEC. 210. DEFINITIONS.

    ``In this title:
            ``(1) 1982 convention.--The term `1982 Convention' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.
            ``(2) 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.
            ``(3) Commission.--The term `Commission' means the body 
        provided for by Articles V, VI, XIII, XIV, and XV of the 
        Convention.
            ``(4) Commissioner.--The term `Commissioner' means a United 
        States Commissioner to the Northwest Atlantic Fisheries 
        Organization appointed under section 202.
            ``(5) Convention.--The term `Convention' means the 
        Convention on Future Multilateral Cooperation in the Northwest 
        Atlantic Fisheries, done at Ottawa on October 24, 1978, and as 
        amended on September 28, 2007.
            ``(6) Convention area.--The term `Convention Area' means 
        the waters of the Northwest Atlantic Ocean north of 3500' N 
        and west of a line extending due north from 3500' N and 4200' 
        W to 5900' N, thence due west to 4400' W, and thence due 
        north to the coast of Greenland, and the waters of the Gulf of 
        St. Lawrence, Davis Strait and Baffin Bay south of 7810' N.
            ``(7) Council.--The term `Council' means the New England 
        Fishery Management Council or the Mid-Atlantic Fishery 
        Management Council.
            ``(8) Fishery resources.--
                    ``(A) In general.--The term `fishery resources' 
                means all fish, mollusks, and crustaceans within the 
                Convention Area.
                    ``(B) Exclusions.--The term `fishery resources' 
                does not include--
                            ``(i) sedentary species over which coastal 
                        States may exercise sovereign rights consistent 
                        with Article 77 of the 1982 Convention; or
                            ``(ii) in so far as they are managed under 
                        other international treaties, anadromous and 
                        catadromous stocks and highly migratory species 
                        listed in Annex I of the 1982 Convention.
            ``(9) Fishing activities.--
                    ``(A) In general.--The term `fishing activities' 
                means harvesting or processing fishery resources, or 
                transhipping of fishery resources or products derived 
                from fishery resources, or any other activity in 
                preparation for, in support of, or related to the 
                harvesting of fishery resources.
                    ``(B) Inclusions.--The term `fishing activities' 
                includes--
                            ``(i) the actual or attempted searching for 
                        or catching or taking of fishery resources;
                            ``(ii) any activity that can reasonably be 
                        expected to result in locating, catching, 
                        taking, or harvesting of fishery resources for 
                        any purpose; and
                            ``(iii) any operation at sea in support of, 
                        or in preparation for, any activity described 
                        in this paragraph.
                    ``(C) Exclusions.--The term `fishing activities' 
                does not include any operation related to emergencies 
                involving the health and safety of crew members or the 
                safety of a vessel.
            ``(10) Fishing vessel.--
                    ``(A) In general.--The term `fishing vessel' means 
                a vessel that is or has been engaged in fishing 
                activities.
                    ``(B) Inclusions.--The term `fishing vessel' 
                includes a fish processing vessel or a vessel engaged 
                in transshipment or any other activity in preparation 
                for or related to fishing activities, or in 
                experimental or exploratory fishing activities.
            ``(11) Organization.--The term `Organization' means the 
        Northwest Atlantic Fisheries Organization provided for by 
        Article V of the Convention.
            ``(12) 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).
            ``(13) Representative.--The term `Representative' means a 
        United States Representative to the Northwest Atlantic 
        Fisheries Scientific Council appointed under section 202.
            ``(14) Scientific council.--The term `Scientific Council' 
        means the Scientific Council provided for by Articles V, VI, 
        and VII of the Convention.
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.
            ``(16) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        other commonwealth, territory, or possession of the United 
        States.
            ``(17) Transshipment.--The term `transshipment' means the 
        unloading of all or any of the fishery resources on board a 
        fishing vessel to another fishing vessel either at sea or in 
        port.''.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    Section 211 (16 U.S.C. 5610) is amended--
            (1) by striking ``XVI'' and inserting ``IX''; and
            (2) by striking ``through fiscal year 2012''.

SEC. 10. QUOTA ALLOCATION PRACTICE.

    Section 213 (16 U.S.C. 5612) is repealed.