39–115 

113TH CONGRESS EXEC. REPT. " ! SENATE 2d Session 113–4 

AMENDMENT TO THE CONVENTION ON FUTURE MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC 

FISHERIES (TREATY DOC. 113–3) 

MARCH 13, 2014.—Ordered to be printed 

Mr. MENENDEZ, from the Committee on Foreign Relations, 

submitted the following 

R E P O R T 

[To accompany Treaty Doc. 113–3] 

The Committee on Foreign Relations, to which was referred the 

Amendment to the Convention on Future Multilateral Cooperation 

in the Northwest Atlantic Fisheries (Treaty Doc. 113–3) (the ‘‘Convention’’), which was adopted in Lisbon, Portugal on September 28, 

2007, by the Twenty-Ninth Annual Meeting of the North Atlantic 

Fisheries Organization (NAFO) and signed by the United States on 

that date, having considered the same, reports favorably thereon 

with one declaration, as indicated in the resolution of advice and 

consent, and recommends that the Senate give its advice and consent to ratification thereof. 

CONTENTS 

Page 

I. Purpose ........................................................................................................... 1 

II. Background .................................................................................................... 2 

III. Summary of Key Provisions of the Convention ........................................... 2 

IV. Implementing Legislation ............................................................................. 4 

V. Committee Action .......................................................................................... 5 

VI. Committee Recommendation and Comments .............................................. 5 

VII. Text of Resolution of Advice and Consent to Ratification .......................... 6 

I. PURPOSE

The Amendment brings the Convention in line with current 

international fisheries governance with articles outlining definitions and general principles, specifying the basic duties of Contracting Parties, flag State Parties, addressing cooperation and relations with non-Contracting Parties, imposing discipline on the objection process, and establishing a dispute settlement procedure. 

The Amendment also creates a more equitable budget contribution 


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scheme which is expected to reduce payments by the United States 

to the Organization by at least one-third. 

II. BACKGROUND

The Convention on Future Multilateral Cooperation in the 

Northwest Atlantic Fisheries came into force on 1 January 1979, 

and replaced the 1949 International Convention for the Northwest 

Atlantic Fisheries. The 1979 Convention established NAFO, which 

in 2005 launched a modernization effort to bring itself in line with 

present-day fisheries management concepts. The United States 

supported this modernization drive because of concerns over the 

budget formula, Convention Area catch allocations, and the decision-making process. On 28 September 2007, after a 2-year process, 

NAFO adopted the Amendment, with the United States signing on 

that date. 

III. SUMMARY OF KEY PROVISIONS OF THE CONVENTION

A detailed article-by-article discussion of the Convention may be 

found in the Letter of Submittal from the Secretary of State to the 

President, which is reprinted in full in Treaty Document 113-3. A 

summary of the key provisions of the amended Convention is set 

forth below. 

Article I is a new article which defines a number of terms, including ‘‘fisheries resources,’’ which include fish, mollusks and crustaceans, but not sedentary species under the jurisdiction of coastal 

states, or highly migratory species. ‘‘Fishing activities’’ is defined as 

the catching or taking of fisheries resources, engaging in any activity that could lead to taking or catching, and any operation at seas 

in support of, or in preparation for these activities. 

Article II is a new article which states that the Convention’s objective is to ensure the long-term conservation and sustainable use 

of the fishery resources in the Convention Area and to safeguard 

the marine ecosystems in which these resources are found. 

Article III requires Parties to work individually or collectively to 

promote the general principles of the Convention, which include ensuring the long-term sustainability of fisheries resources, making 

decisions based on the best scientific and technical information, 

taking due account and minimizing the impacts of fishing activities 

on other species and marine ecosystems, protecting marine biodiversity, preventing overfishing, sharing data on fishing activities 

between Parties, ensuring compliance with conservation and management measures, and reducing pollution and waste from fishing 

vessels. 

Article VI establishes that each Contracting Party shall be a 

member of the Commission. The Commission’s leadership will consist of a Chairperson and a vice-Chairperson from among the Contracting Party representatives. The representatives elected to these 

positions cannot be from the same Party, and serve for a period of 

2 years. Though they are eligible for reelection, they cannot serve 

in their position for more than 4 years in succession. The representatives elected to these positions cannot be from the same 

Party. A new provision charges the Commission to collaborate with 

the Scientific Counsel in assessing the impacts of fishing on the 

Convention Area’s marine ecosystem. Another new provision perVerDate Mar 15 2010 03:19 Mar 14, 2014 Jkt 039115 PO 00000 Frm 00002 Fmt 6659 Sfmt 6602 E:\HR\OC\ER004.XXX ER004

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mits the Commission to adopt measures regarding areas under the 

national jurisdiction of a Contracting Party, so long as the Party 

has requested and agrees to the measure. The Commission is also 

permitted to adopt procedures that enable actions against any 

State or fishing entity whose flag vessels undermine the effectiveness of measures adopted by the Commission. 

Article VII combines previous articles concerning the scientific 

functions of NAFO, and provides that each Contracting Party shall 

be a member of the Scientific Council, which elects a Chairperson 

and a Vice-Chairperson for terms of 2 years. The Council must provide a forum for consultation and cooperation between Parties, 

compile and maintain statistics and records, publish and disseminate reports on fishing activities and ecosystems within the Convention Areas, and provide scientific advice to the Commission. 

Article IX states that the Commission shall establish the amount 

due from each Contracting Party for the annual budget based on 

a calculation that includes 30% of the budget being divided equally 

among Contracting Parties, 10% divided among the coastal States 

in proportion to their nominal catches in the Convention Area, and 

60% divided among all contracting parties in proportion to their 

nominal catches in the Convention Area. A Contracting Party that 

fails to fully pay its contributions for 2 consecutive years will not 

be able to cast votes or raise objections until it has paid in full, unless the Commission resolves differently. 

Article X is a new article setting forth Contracting Party duties, 

which include implementing and ensuring the effectiveness of the 

Convention and any management measures or other obligations 

binding on it, co-operating with other Parties in furthering the 

Convention’s objectives, collecting and exchanging scientific data 

and knowledge pertaining to living resources and their ecosystems, 

cooperating with other Contracting Parties to ensure that its nationals and fishing vessels owned by its nationals comply with the 

provisions of the Convention, as well conservation and management measures adopted by the Commission, and immediately investigating and taking action in response to any serious infringement of the Convention, or any conservation and management 

measures adopted by the Commission. 

Article XI is a new article requiring Contracting Parties to make 

certain that fishing vessels entitled to fly its flag comply with the 

provisions of the Convention and with the conservation and management measures adopted by the Commission, and not engage in 

unauthorized fishing activities, or activities that undermine the effectiveness of conservation and management measures. Each Party 

must not authorize fishing vessels to fly its flag unless it can effectively exercise its oversight of such vessels pursuant to the Convention. Parties must also maintain a record of such fishing vessels, 

exchange such information with other Parties, and immediately investigate and promptly report on any action it has taken in response to alleged infringement by a vessel entitled to fly its flag. 

Article XII is a new article stating that each port State Contracting Party must implement the measures concerning inspections in port that are adopted by the Commission. 

Article XIII alters the general rule for Commission decision-making from a majority to a consensus. If consensus cannot be 

achieved, decisions must be made by a two-thirds quorum with a 


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vote of two-thirds of the Contracting Parties present and casting 

votes. 

Article XIV amends the procedure by which Commission decisions are implemented. A Commission decision now becomes binding 60 days after the date of transmittal in the Executive Secretary’s notification of adoption. Members of the Commission may 

object within this time frame, but must include an explanation and 

alternative measures. If the Party does not submit the matter to 

ad hoc panel proceedings, the Commission determines by a majority vote whether to submit the matter to an ad hoc panel. If the 

vote fails, any Contracting Party may request a Commission meeting to review the measure. If the matter goes to an ad hoc panel, 

the Commission must consider the panel’s recommendations no 

later than thirty days following the termination of panel proceedings. 

Article XV is a new article requiring parties to cooperate and 

avoid disputes (the new procedures are described in Annex II to the 

Convention). Should such cooperation fail, Parties may resolve 

their disputes through negotiation, inquiry, mediation, conciliation, 

arbitration, judicial settlement, ad hoc panel proceedings, or 

through other peaceful means. If the dispute implicates the interpretation or application of Commission measures and enforcement 

related to conservation and management of fishery resources, the 

Contracting Parties may submit the dispute to non-binding ad hoc 

panel proceedings. 

Article XVI is a new article stating that when a vessel entitled 

to fly the flag of a non-Contracting Party engages in fishing activities in the Convention Area, the Commission is required to request 

that the flag state either become a Contracting Party to the Convention, or agree to apply the conservation and management measures adopted by the Commission. Contracting Parties must also exchange information on the fishing activities of non-Contracting Parties in the Convention Area, and to deter activities that undermine 

the effectiveness of the Commission’s conservation and management measures. 

Article XVII is a new article that requires the Organization to cooperate and develop working relationships on matters of mutual interest with the Food and Agriculture Organization of the United 

Nations, as well as with other specialized agencies of the United 

Nations and other relevant intergovernmental organizations. 

Article XX requires that Contracting Parties fulfill the obligations assumed under the Convention in good faith, and not exercise 

their rights in a manner that would constitute abuse of their 

rights. 

Article XXII combines previous articles concerning the adoption 

of possible amendments to the Convention. The article states that 

amendments to the Convention must be adopted by a three-fourths 

majority vote of the all Contracting Parties. The Amendments take 

effect 120 days after the Depository receives notification of approval from three-fourths of all contracting parties, unless a Party 

lodges an objection within 90 days. 


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IV. IMPLEMENTING LEGISLATION

Legislation will be needed to implement this Convention. The executive branch has indicated that it will soon provide proposed legislation to the appropriate congressional committees. 

V. COMMITTEE ACTION

The Committee on Foreign Relations held a public hearing on the 

Agreement on February 12, 2014, at which it heard testimony from 

David Balton, the Deputy Assistant Secretary for Oceans and Fisheries at the Department of State, as well as from Russell Smith, 

the Deputy Assistant Secretary for International Fisheries at the 

Department of Commerce, and Rear Admiral Frederick J. Kenney, 

Judge Advocate General and Counsel for the United States Coast 

Guard. The committee also heard testimony from a panel of private 

sector witnesses: Mark Gleason, Executive Director of the Alaska 

Bering Sea Crabbers; Mark P. Lagon, Global Politics and Security 

Chair of Georgetown University and Adjunct Senior Fellow for 

Human Rights at the Council on Foreign Relations; and Raymond 

Kane, Outreach Coordinator for the Cape Cod Commercial Fishermen’s Alliance. On March 11, 2014, the committee considered the 

Agreement and ordered it favorably reported by voice vote, with 

the recommendation that the Senate give its advice and consent to 

its ratification. 

VI. COMMITTEE RECOMMENDATION AND COMMENTS

The Committee on Foreign Relations joins the U.S. Department 

of State, the U.S. Department of Congress, and the U.S. Coast 

Guard in believing that the proposed amended Convention is in the 

interest of the United States, and urges the Senate to act promptly 

to give advice and consent to its ratification. The committee believes that implementation of the modernized Convention is of direct and important interest to United States fishing concerns, as 

well as U.S. conservation organizations and U.S. consumers, all of 

whom have a critical stake in the health of the oceans and the fisheries resources protected by the Convention. 

The Committee on Foreign Relations has included one declaration in the recommended resolution of advice and consent. The declaration states that the Convention is not self-executing. This statement means that the Convention will have domestic effect through 

implementing legislation and regulations thereunder. Prior to the 

110th Congress, the committee generally included such statements 

in the committee’s report, but in light of the Supreme Court decision in Medellin v. Texas, 128 S. Ct. 1346 (2008), the committee determined that a clear statement in the Resolution is warranted. A 

further discussion of the committee’s views on this matter can be 

found in Section VIII of Executive Report 110–12. 


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VII. TEXT OF RESOLUTION OF ADVICE AND CONSENT TO

RATIFICATION

Resolved (two-thirds of the Senators present concurring therein), 

SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION 

The Senate advises and consents to the ratification of the 

Amendment to the Convention on Future Multilateral Cooperation 

in the Northwest Atlantic Fisheries, Adopted at the Twenty-Ninth 

Annual Meeting of the North Atlantic Fisheries Organization 

(NAFO), in Lisbon, Portugal on September 28, 2007, (the ‘‘Amendment’’) (Treaty Doc. 113–3), subject to the declaration of section 2. 

SECTION 2. DECLARATION 

The advice and consent of the Senate under section 1 is subject 

to the following declaration: 

The Amendment is not self-executing. 

Æ 


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