U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–316 

Calendar No. 623 

NORTHWEST ATLANTIC FISHERIES 

CONVENTION AMENDMENTS ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2485 

DECEMBER 12, 2014.—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED THIRTEENTH CONGRESS

SECOND SESSION

JOHN D. ROCKEFELLER IV, West Virginia, Chairman 

BARBARA BOXER, California JOHN THUNE, South Dakota 

BILL NELSON, Florida ROGER F. WICKER, Mississippi 

MARIA CANTWELL, Washington ROY BLUNT, Missouri 

MARK PRYOR, Arkansas MARCO RUBIO, Florida 

CLAIRE MCCASKILL, Missouri KELLY AYOTTE, New Hampshire 

AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada 

MARK BEGICH, Alaska DANIEL COATS, Indiana 

RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina 

BRIAN SCHATZ, Hawaii TED CRUZ, Texas 

ED MARKEY, Massachusetts DEB FISCHER, Nebraska 

CORY BOOKER, New Jersey RON JOHNSON, Wisconsin 

JOHN WALSH, Montana 

ELLEN DONESKI, Staff Director 

JOHN WILLIAMS, General Counsel 

DAVID SCHWIETERT, Republican Staff Director 

NICK ROSSI, Republican Deputy Staff Director 

REBECCA SEIDEL, Republican General Counsel 


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Calendar No. 623 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–316 

NORTHWEST ATLANTIC FISHERIES CONVENTION 

AMENDMENTS ACT 

DECEMBER 12, 2014.—Ordered to be printed 

Mr. ROCKEFELLER, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2485] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2485), to implement the Amendment 

to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, as adopted at Lisbon on September 28, 

2007, having considered the same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 2485 is to implement the Amendment to the 

Convention on Future Multilateral Cooperation in the Northwest 

Atlantic Fisheries (Convention), as adopted at Lisbon on September 

28, 2007. 

BACKGROUND AND NEEDS

International Fisheries Management 

Many fish stocks around the world have become depleted in the 

last several decades as a result of fleet overcapacity, overfishing, 

and ineffective fisheries law enforcement regimes. Coastal fishing 

nations are responsible for managing the stocks that fall within 

their domestic waters, which extend 200 miles from their coastline, 

also known as their Exclusive Economic Zone (EEZ). Unfortunately, many of these coastal nations do not manage for stock sustainability, enforce their regulations effectively, or coordinate management of shared stocks with other fishing nations. 


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Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA; 16 U.S.C. 1801 et seq.), the U.S. Government exercises jurisdiction over the management of commercial fisheries 

within the U.S. EEZ. The MSA authorizes the Secretary of Commerce (Secretary), through the National Marine Fisheries Service 

(NMFS) within the National Oceanic and Atmospheric Administration (NOAA), to be responsible for the management of living marine resources. The MSA authorizes eight Regional Fishery Management Councils to develop management plans, subject to the Secretary’s approval, that follow the MSA’s requirements for rebuilding overfished stocks and setting harvest levels according to 

science-based catch limits. 

Sustainable fisheries management on the high seas or that which 

occurs under the jurisdiction of multiple nations can be difficult 

due to the vast areas of ocean that must be monitored, limited enforcement resources, and high volumes of operating fishing vessels. 

The coordinated management of shared stocks harvested beyond 

200 miles is accomplished by nations participating in Regional 

Fisheries Management Organizations (RFMOs), international commissions established by multilateral agreements to guide and coordinate the fisheries management activities of multiple nations 

that target common stocks in specific regions. Each nation that 

chooses to participate in RFMOs retains its sovereignty, yet is expected to develop domestic fisheries laws and regulations consistent with each agreement. The United States follows this practice and seeks to implement legislation and regulations to meet its 

commitments under RFMOs and international fisheries agreements. Short of such an agreement or implementing legislation, 

U.S. fisheries managers seek discussions with foreign counterparts 

to address concerns on interjurisdictional stock management. 

All U.S. international fishery enforcement activities are coordinated closely between NMFS, the State Department, and the Coast 

Guard. NMFS and the Coast Guard also provide input for the State 

Department’s negotiations of fishery treaties and agreements, in 

addition to reviewing foreign fishing vessel permit applications. 

The Coast Guard conducts international fisheries enforcement patrols and investigations as part of its 11 statutory missions in close 

coordination with the State Department, as required by Presidential Directive 27. Additionally, NMFS and the Coast Guard cooperate closely with individual U.S. States and territories, and coordinate MSA enforcement in and adjacent to State and territorial 

waters. 

Northwest Atlantic Fisheries Organization 

The Northwest Atlantic Fisheries Organization (NAFO) is an 

RFMO with a mandate to provide scientific advice and management of fisheries in the northwestern part of the Atlantic Ocean. 

Established in 1979 following the Convention coming into force, 

NAFO facilitates the long-term and sustainable use of most high 

seas fisheries in the Northwest Atlantic. These include 19 commercial stocks, though the international fishery mostly targets groundfish, including cod, Greenland halibut, redfish, and skates, as well 

as shrimp. A fishing moratorium is in place for five species (Atlantic cod, American plaice, Witch flounder, Capelin, and shrimp), as 

their abundance is at levels too low to support fishing, due to decVerDate Sep 11 2014 20:58 Jan 05, 2015 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR316.XXX SR316

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1Fishing in the NAFO Area (http://www.nafo.int/fisheries/frames/fishery.html). 

ades (perhaps centuries) of overfishing. In 2011, 56 vessels from 13 

flag states fished under NAFO.1 NAFO’s Convention Area includes 

the waters of the U.S. EEZ from Cape Hatteras to Maine, although 

NAFO management measures apply primarily to the high seas portion of the Convention Area, which is shown in the following Figure 

1: 

The United States joined NAFO in 1995, and has since been an 

active participant, assuming leadership positions and working to 

advance key principles of sustainable fisheries management. In recent years, the United States has sought a series of reforms at 

NAFO to improve the body’s conservation and management outcomes, as well as to better support U.S. interests. Ensuring equitable catch allocation and budgetary obligations have been primary 

concerns for the United States. For example, under the Convention, 


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part of the NAFO budget is divided equally among all parties, 

while the rest is split according to parties’ catches of certain species 

in the Convention Area, including within coastal nations’ EEZs. As 

a result, coastal nations such as the United States are required to 

pay a disproportionately high share of NAFO’s budget relative to 

other parties. This imbalance has occurred in the context of limited 

U.S. participation in the high seas fisheries managed under NAFO. 

Although many NAFO stocks remain at levels too low to support 

fishing, others have recently demonstrated signs of rebuilding 

under NAFO management, and after working for many years to secure viable allocations, the United States was able to begin fisheries for some of these NAFO-managed high seas stocks in 2013. 

Amendment to the NAFO Convention 

Following international calls for RFMOs to strengthen their effectiveness, NAFO launched a reform process in 2005 intended to 

improve the way it adopts conservation and management measures, strengthen compliance and enforcement provisions, and revise 

its underlying Convention. The United States was a leading voice 

in this effort, advocating to bring NAFO more in line with the principles of modern fisheries management and to address longstanding concerns about catch allocations and fair participation. 

The negotiations culminated on September 28, 2007, with the adoption of the Amendment to the Convention on Future Multilateral 

Cooperation in the Northwest Atlantic Fisheries (Amendment). The 

reforms contained in the Amendment are comprehensive, touching 

on every element of the Convention. 

Key elements of the amended Convention include provisions that 

embrace long-term conservation and sustainable use of fishery resources based on the best science available, reflecting a modernized 

approach to fisheries management. Additionally, the amended Convention will simplify NAFO’s governance structure to consist of a 

Commission, a Scientific Council, and a Secretariat. This new 

structure will combine the current General Council and Fisheries 

Commission into a single Commission and reorganize a number of 

the sub-bodies. These changes and other procedural modifications 

are intended to streamline NAFO considerably and result in increased efficiency, more effective conservation and management, 

and reduced operating costs. The amended Convention will also 

provide additional transparency to the decision-making process, establish a dispute settlement procedure between parties, improve 

the guidance language for allocating catches, and make the basis 

for calculating parties’ budget contributions more equitable. Ensuring equitable budget contributions has long been a priority for the 

United States, which it advocated for to better correspond with the 

benefits parties receive. The amended Convention will not change 

the basic formula, but rather would amend the list of stocks used 

to calculate parties’ respective catches to include only species under 

NAFO management or for which NAFO provides scientific advice, 

removing those fished exclusively in waters under a coastal nation’s jurisdiction. This change is expected to reduce U.S. dues by 

almost one-third. 

The Amendment will enter into force 120 days after 9 contracting 

parties ratify it. Since its adoption, five parties —Canada, Cuba, 

the European Union, Norway, and the Russian Federation— have 


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2Senate Executive Report 113–4: Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, adopted on September 28, 2007, at the twentyninth Annual Meeting of the North Atlantic Fisheries Organization (NAFO) (http://www.gpo.gov/ 

fdsys/pkg/CRPT-113erpt4/pdf/CRPT-113erpt4.pdf). 

ratified it. The United States signed the Convention on September 

28, 2007, and the U.S. Senate provided its advice and consent in 

favor of ratification on April 3, 2014. When the U.S. Senate Committee on Foreign Relations reported the Convention favorably on 

March 13, 2014, with the resolution of advice and consent to ratification, it clarified that the Convention is not self-executing, meaning that ratification requires implementing legislation to conform 

U.S. domestic law to the requirements of the Convention.2 The 

United States will need to complete its implementation of the Convention in order to participate fully in the reformed NAFO should 

the amended Convention enter into force. 

SUMMARY OF PROVISIONS

S. 2485, the Northwest Atlantic Fisheries Convention Amendments Act, would make changes to domestic law necessary to implement the Convention by amending the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.). The bill includes mostly administrative changes that would reflect the 

amended Convention’s restructuring of NAFO, allowing for U.S. 

participation in its modernized governing bodies and more robust 

scientific activities. S. 2485 would authorize to be appropriated 

$500,000 for each fiscal year to carry out the Act and to pay for 

the United States’ contributions to NAFO. 

LEGISLATIVE HISTORY

S. 2485 was introduced by Senator Markey on June 17, 2014, 

and referred to the Committee on Commerce, Science, and Transportation. On September 17, 2014, the Committee met in open Executive Session and, by a voice vote, ordered S. 2485 to be reported 

without amendment. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 2485—Northwest Atlantic Fisheries Convention Amendments Act 

S. 2485 would amend current law to implement an amendment 

to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries (Convention), which governs the Northwest 

Atlantic Fisheries Organization (NAPO). The bill also would authorize the appropriation of $500,000 a year to carry out the Convention. Based on information provided by the National Oceanic 

and Atmospheric Administration, the U.S. Coast Guard, and the 

Department of State, CBO estimates that implementing S. 2485 

would cost $2.5 million over the 2015–2019 period, assuming appropriation of the authorized amounts. Because enacting the bill 

would not affect direct spending or revenues, pay-as-you-go procedures do not apply. 


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The amendment to the Convention that would be implemented 

under the bill would detail NAFO’s objectives and outline general 

management principles for the Northwest Atlantic Ocean. The 

amendment also would combine two governing bodies created 

under the Convention into a single management entity. In addition, the amendment would describe the reporting requirements, 

inspections, and compliance and enforcement duties of all parties 

to the Convention. Finally, the amendment would rewrite provisions for making and implementing decisions and for the settlement of disputes under the Convention. 

CBO has not reviewed S. 2485 for intergovernmental or privatesector mandates. Section 4 of the Unfunded Mandates Reform Act 

excludes from the application of that act any legislative provisions 

that are necessary for the ratification or implementation of international treaty obligations. CBO has determined that the bill falls 

within that exclusion because it would implement the Amendment 

to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries. 

The CBO staff contacts for this estimate are Jeff LaFave (for federal costs), Jon Sperl (for intergovernment mandates), and Amy 

Petz (for private-sector mandates). The estimate was approved by 

Theresa Gullo, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 2485 as reported does not create any new programs or impose 

any new regulatory requirements, and therefore would not subject 

any individuals or businesses to new regulations. 

ECONOMIC IMPACT

Enactment of S. 2485 is not expected to have any inflationary or 

adverse impact on the Nation’s economy. Failure to enact S. 2485 

into law may jeopardize the benefits of a streamlined NAFO and 

additional opportunities for U.S. fishermen to participate in NAFO 

fisheries. 

PRIVACY

S. 2485 would not impact the personal privacy of individuals. 

PAPERWORK

S. 2485 would have no impact in paperwork requirements for individuals or businesses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 


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SECTION-BY-SECTION ANALYSIS

Section 1. Short title; references to the Northwest Atlantic Fisheries 

Convention Act of 1995. 

This section would provide that this Act may be cited as the 

‘‘Northwest Atlantic Fisheries Convention Amendments Act.’’ This 

section would establish that, 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 (NAFCA; 16 U.S.C. 5601 et seq.). 

Section 2. Representation of the United States under Convention. 

This section would amend section 202 of NAFCA (16 U.S.C. 

5601) to reflect changes to the NAFO structure in the amended 

Convention, ensuring effective and flexible U.S. representation at 

all appropriate NAFO meetings. 

Section 3. Requests for scientific advice. 

This section would amend section 203 of NAFCA (16 U.S.C. 

5602) to reflect changes to the relevant article numbering in the 

amended Convention. 

Section 4. Authorities of Secretary of State with respect to Convention. 

This section would section 204 of NAFCA (16 U.S.C. 5603) to reflect structural changes to NAFO under the amended Convention. 

The section would also provide greater specify by citing appropriate 

articles of the Convention. 

Section 5. Interagency cooperation. 

This section would amend section 205 of NAFCA (16 U.S.C. 

5604) to clarify that the Secretary may, in carrying out the provisions of the Convention and this Act, cooperate with: (1) any department agency or instrumentality of the United States; (2) a 

State; (3) the New England or Mid-Atlantic Fishery Management 

Councils; or (4) a private institution or organization. 

Section 6. Prohibited acts and penalties. 

This section would amend section 207 of NAFCA (16 U.S.C. 

5606) to better delineate the scope of fishery resources covered 

under this Act. 

Section 7. Consultative committee. 

This section would amend section 208 of NAFCA (16 U.S.C. 

5607) to reflect changes to the NAFO structure in the amended 

Convention. 

Section 8. Definitions. 

This section would amend section 210 of NAFCA (16 U.S.C. 

5609) to define or redefine the following terms: ‘‘1982 Convention;’’ 

‘‘Authorized enforcement officer;’’ ‘‘Commission;’’ ‘‘Commissioner;’’ 

‘‘Convention;’’ ‘‘Convention Area;’’ ‘‘Council;’’ ‘‘Fishery resources;’’ 

‘‘Fishing Activities;’’ ‘‘Fishing vessel;’’ ‘‘Organization;’’ ‘‘Person;’’ 


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‘‘Representative;’’ ‘‘Scientific Council;’’ ‘‘Secretary;’’ ‘‘State;’’ and 

‘‘Transshipment.’’ 

Section 9. Authorization of appropriations. 

This section would amend section 211 of NAFCA (16 U.S.C. 

5610) to reflect article renumbering in the amended Convention. It 

would also authorize to be appropriated $500,000 for each fiscal 

year to carry out this Act and to pay for the United States’ contributions to NAFO. 

Section 10. Quota allocation practice. 

This section would repeal section 213 of NAFCA (16 U.S.C. 

5612), which requires the Secretary to include in an annual report 

updates on U.S. efforts to change the NAFO allocation practice in 

order to acquire useable fishing privileges for U.S. fishermen. Because the United States has now secured fishing opportunities in 

the Convention Area, and the amended Convention now explicitly 

states that the interests of all coastal nations, including the United 

States, must be taken into account in any allocation process, this 

particular reporting requirement is no longer necessary. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, changes in existing law made by the bill, as 

reported, are shown as follows (existing law proposed to be omitted 

is enclosed in black brackets, new material is printed in italic, existing law in which no change is proposed is shown in roman): 

NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 

1995 

[16 U.S.C. 5601 et seq.] 

SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION. 

[16 U.S.C. 5601] 

(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 øGeneral Council and the Fisheries¿ 

Commission, who shall each— 

(A) be known as a ‘‘United States Commissioner to the 

Northwest Atlantic Fisheries Organization’’; and 

(B) serve at the pleasure of the Secretary. 

(2) REQUIREMENTS FOR APPOINTMENTS.— 

(A) The Secretary shall ensure that of the individuals 

serving as Commissioners— 

(i) at least 1 is appointed from among representatives of the commercial fishing industry; 

(ii) 1 (but no more than 1) is an official of the Government; and 

(iii) 1, other than the individual appointed under 

clause (ii), is a voting member of the New England 

Fishery Management Council. 

(B) The Secretary may not appoint as a Commissioner 

an individual unless the individual is knowledgeable and 


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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 øat 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 designatedø, 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 øat 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 designatedø, 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.— 


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(1) IN GENERAL.—In carrying out their functions under the 

Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall— 

(A) coordinate with the appropriate Regional Fishery 

Management Councils established by section 302 of the 

Magnuson Act (16 U.S.C. 1852); and 

(B) consult with the committee established under section 

208. 

(2) RELATIONSHIP TO OTHER LAW.—The Federal Advisory 

Committee Act (5 U.S.C. App.) shall not apply to coordination 

and consultations under this subsection. 

SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE. 

[16 U.S.C. 5602] 

(a) RESTRICTION.—øThe Representatives may¿ A Representative 

may not make a request or specification ødescribed in subsection 

(b) (1) or (2)¿ described in paragraph (1) or (2) of subsection (b), respectively, unless øthe Representatives have¿ the Representative 

has first— 

(1) consulted with the appropriate Regional Fishery Management Councils; and 

(2) received the consent of the Commissioners for that action. 

(b) REQUESTS AND TERMS OF REFERENCE DESCRIBED.—The requests and specifications referred to in subsection (a) are, respectively— 

(1) any request, under Article øVII(1)¿ VII(10)(b) 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 øVIII(2)¿ VII(11) of the 

Convention, of the terms of reference for the consideration of 

a question referred to the Scientific Council pursuant to Article 

øVII(1)¿ VII(10)(b) of the Convention. 

SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 

CONVENTION. 

[16 U.S.C. 5603] 

The Secretary of State may, on behalf of the Government of the 

United States— 

(1) receive and transmit reports, requests, recommendations, 

proposals, and other communications of and to the Organization and its subsidiary organs; 

(2) object, or withdraw an objection, to the proposal of the 

øFisheries Commission¿ Commission consistent with the procedures detailed in Articles XIV and XV of the Convention; 

(3) give or withdraw notice of intent not to be bound by a 

measure of the øFisheries Commission¿ Commission consistent 

with the procedures detailed in Articles XIV and XV of the Convention; 

(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). 


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SEC. 205. INTERAGENCY COOPERATION. 

[16 U.S.C. 5604] 

ø(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.¿ 

(a) AUTHORITIES OF SECRETARY.—In carrying out the provisions 

of the Convention and this Act, 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. 

(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. 207. PROHIBITED ACTS AND PENALTIES. 

[16 U.S.C. 5606] 

(a) PROHIBITION.—It is unlawful for any person or vessel that is 

subject to the jurisdiction of the United States— 

(1) to violate any regulation issued under this title or any 

measure that is legally binding on the United States under the 

Convention; 

(2) to refuse to permit any authorized enforcement officer to 

board a fishing vessel that is subject to the person’s control for 

purposes of conducting any search or inspection in connection 

with the enforcement of this title, any regulation issued under 

this title, or any measure that is legally binding on the United 

States under the Convention; 

(3) forcibly to assault, resist, oppose, impede, intimidate, or 

interfere with any authorized enforcement officer in the conduct of any search or inspection described in paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section; 

(5) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any øfish¿ 

fishery resources taken or retained in violation of this section; 

or 

(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other 

person has committed an act prohibited by this section. 

(b) CIVIL PENALTY.—Any person who commits any act that is unlawful under subsection (a) shall be liable to the United States for 

a civil penalty, or may be subject to a permit sanction, under section 308 of the Magnuson Act (16 U.S.C. 1858). 

(c) CRIMINAL PENALTY.—Any person who commits an act that is 

unlawful under paragraph (2), (3), (4), or (6) of subsection (a) shall 

be guilty of an offense punishable under section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)). 


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(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 øfish¿ fishery 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 that is unlawful under subsection (a), 

shall be subject to seizure and forfeiture as provided in section 

310 of the Magnuson Act (16 U.S.C. 1860). 

(2) DISPOSAL OF FISH.—Any øfish¿ fishery resources 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 311(a), (b)(1), and (c) of the Magnuson Act (16 U.S.C. 1861(a), 

(b)(1), and (c)) for that purpose. 

(f) JURISDICTION OF COURTS.—The district courts of the United 

States shall have exclusive jurisdiction over any case or controversy arising under this section and may, at any time— 

(1) enter restraining orders or prohibitions; 

(2) issue warrants, process in rem, or other process; 

(3) prescribe and accept satisfactory bonds or other security; 

and 

(4) take such other actions as are in the interests of justice. 

SEC. 208. CONSULTATIVE COMMITTEE. 

[16 U.S.C. 5607] 

(a) ESTABLISHMENT.—The Secretary of State and the Secretary, 

shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention. 

(b) MEMBERSHIP.— 

(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery 

Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others 

knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. 

(2) TERMS AND REAPPOINTMENT.—Each member of the consultative committee shall serve for a term of two years and 

shall be eligible for reappointment. 

(c) DUTIES OF THE COMMITTEE.—Members of the consultative 

committee may attend— 

(1) all public meetings of the øGeneral Council or the Fisheries¿ Commission; 

(2) any other meetings to which they are invited by the 

øGeneral 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. 


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øSEC. 210. DEFINITIONS. 

[16 U.S.C. 5609] 

øIn this title the following definitions apply: 

ø(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. 

ø(2) COMMISSIONER.—The term ‘‘Commissioner’’ means a 

United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 202(a). 

ø(3) CONVENTION.—The term ‘‘Convention’’ means the Convention on Future Multilateral Cooperation in the Northwest 

Atlantic Fisheries, done at Ottawa on October 24, 1978. 

ø(4) FISHERIES COMMISSION.—The term ‘‘Fisheries Commission’’ means the Fisheries Commission provided for by Articles 

II, XI, XII, XIII, and XIV of the Convention. 

ø(5) GENERAL COUNCIL.—The term ‘‘General Council’’ means 

the General Council provided for by Article II, III, IV, and V 

of the Convention. 

ø(6) MAGNUSON ACT.—The term ‘‘Magnuson Act’’ means the 

Magnuson-Stevens Fishery Conservation and Management Act 

(16 U.S.C. 1801 et seq.). 

ø(7) ORGANIZATION.—The term ‘‘Organization’’ means the 

Northwest Atlantic Fisheries Organization provided for by Article II of the Convention. 

ø(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). 

ø(9) REPRESENTATIVE.—The term ‘‘Representative’’ means a 

United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 202(c). 

ø(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. 

ø(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce.¿ 

SEC. 210. DEFINITIONS. 

In this Act— 

(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 Act, any regulation issued under this Act, 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. 


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(5) CONVENTION.—The term ‘‘Convention’’ means the Convention on Cooperation in the Northwest Atlantic Fisheries, as 

adopted at Lisbon 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 


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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. 211. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 5610] 

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 øXVI¿ IX of the Convention, 

$500,000 for each fiscal year øthrough fiscal year 2012¿. 

øSEC. 213. QUOTA ALLOCATION PRACTICE. 

[16 U.S.C. 5612] 

ø(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— 

ø(1) is predictable and transparent; 

ø(2) provides fishing opportunities for all members of the Organization; and 

ø(3) is consistent with the Straddling Fish Stocks Agreement. 

ø(b) REPORT.—The Secretary of Commerce shall include in annual reports under section 212— 

ø(1) a description of the results of negotiations held pursuant 

to subsection (a); 

ø(2) an identification of barriers to achieving such a new allocation practice; and 

ø(3) recommendations for any further legislation that is necessary to achieve such a new practice. 

ø(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.¿ 

Æ 


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