39–115 

113TH CONGRESS EXEC. REPT. " ! SENATE 2d Session 113–3 

CONVENTION ON THE CONSERVATION AND MANAGEMENT OF HIGH SEAS FISHERIES RESOURCES IN THE 

NORTH PACIFIC OCEAN (TREATY DOC. 113–2) 

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. 113–2] 

The Committee on Foreign Relations, to which was referred the 

Convention on the Conservation and Management of High Seas 

Fisheries Resources in the North Pacific Ocean (Treaty Doc. 113– 

2) (the ‘‘Convention’’), done at Tokyo, Japan on February 24, 2012, 

and signed by the United States on May 2, 2012, 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 ............................................................................. 5 

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

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

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

I. PURPOSE

The Convention will establish the North Pacific Fisheries Commission, which will adopt and implement conservation and management measures for unregulated fish stocks in the high seas of 

the North Pacific Ocean, as well as a robust monitoring, control 

and surveillance system. The Scientific Committee, a subsidiary of 

the Commission, will also establish standards to determine whether bottom fishing activities are likely to produce significant adverse 

effects on vulnerable marine ecosystems or species in the Convention Area. 


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II. BACKGROUND

Beginning in 2004, the United Nations General Assembly and 

other organizations called upon States to address gaps in international fisheries management. In 2006, Japan commenced a dialogue with interested nations concerning management of the Northwest Pacific Ocean. At the suggestion of the United States, participating nations agreed in October 2008 to pursue the development 

of a regional fisheries management organization which would cover 

both the Northwest and the Northeast Pacific Ocean. Of the ten negotiation sessions on the subject, the United States chaired the 

final three sessions. Negotiations on the proposed Convention on 

the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean were concluded in Tokyo on 

February 24, 2012, and the United States signed the Convention 

on May 2, 2012. 

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 113–2. A 

summary of the key provisions of the Convention is set forth below. 

Article 1 of the Convention defines a number of terms. The Article defines ‘‘fisheries resources’’ as all fish, mollusks, crustaceans 

and other marine species caught by fishing vessels, and excludes 

certain species, as well as marine mammals, reptiles, seabirds, and 

species already covered by pre-existing international fisheries management instruments. The Article also defines ‘‘fishing activities’’ 

as catching, taking or harvesting fisheries resources, engaging in 

any activity that could lead to taking or harvesting, and processing 

or transshipping these resources. 

Article 2 lays out the Convention’s objective, which is to ensure 

the long-term conservation and sustainable use of fishery resources, as well as to safeguard the marine ecosystem in the applicable area. 

Article 3 requires Parties and the Commission 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, assessing the impacts of fishing activities, protecting biodiversity in the marine environment, 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 4 establishes the area of application of the Convention 

across the Pacific Ocean, but notes that nothing in the Convention 

constitutes recognition of the legal status of the waters and zones 

claimed by Contracting Parties. 

Article 5 establishes the North Pacific Fisheries Commission, 

which will include as members each Contracting Party. 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 


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years in succession. The representatives elected to these positions 

cannot be from the same Party. 

Article 6 establishes a Scientific Committee and a Technical and 

Compliance Committee as subsidiary bodies to the Commission, 

and grants the Commission the ability to establish by consensus 

other subsidiary bodies as appropriate. 

Article 7 lays out the functions to be exercised by the Commission, which include the adoption of conservation and management 

measures for fisheries resources, making certain that levels of total 

allowable catch are in accordance with the advice and recommendations of the Scientific Committee, the adoption of conservation and 

management measures for vulnerable marine ecosystems, and establishing terms and conditions for any new fisheries in the Convention Area. The Commission must also adopt measures ensuring 

effective compliance and enforcement of the Convention through 

monitoring, control and surveillance. The Article also states that 

the Commission shall perform such other functions and activities 

necessary to promote the objectives of the Convention. 

Article 8 provides that, for decisions that do not require consensus, decisions on procedural matters shall be taken by a majority of the members casting votes, and decisions on matters of substance require a three-fourths majority. If there is a dispute over 

whether a matter is substantial, it shall be treated as such. 

Article 9 states that a Commission decision becomes binding 90 

days after the date of transmittal in the Chairperson’s notification 

of adoption. Members of the Commission can object only on the 

grounds, which must be specified, that the decision is inconsistent 

with the provisions of the Convention, the 1982 Convention or 1995 

Agreement, or that the decision unjustifiably discriminates against 

the objecting member. An objecting member must propose an alternative measure and notify the Commission at least 2 weeks in advance of the decision becoming binding, in which case the decision 

will then not be binding on that member. If the Commission determines the objection lacks merit, the objecting member may avail 

itself of the Convention’s dispute resolution mechanisms. 

Articles 10 and 11 establish the functions and responsibilities of 

the two named subsidiary committees. The Scientific Committee 

must provide the Commission with a research plan, must assess 

the status of fish stocks and the impact of fishing on fisheries resources, and must establish standards to determine whether bottom fishing activities are likely to produce significant adverse effects on vulnerable marine ecosystems or species. The Technical 

and Compliance Committee must monitor and review the implementation of the Commission’s conservation and management 

measures, as well as the Commission’s cooperative measures for 

monitoring, control, surveillance, and enforcement. 

Article 12 states that the Commission’s budget shall be divided 

among members of the Commission in accordance with a formula 

that will be adopted by consensus. Members of the Commission 

that fail to pay their contributions in full for 2 consecutive years 

are not entitled to participate in decision-making or to present objections to Commission decisions. 

Article 13 obligates Contracting Parties to ensure that vessels in 

the Convention Area entitled to fly the Party’s flag comply with the 

provisions of the Convention, as well as the measures adopted purVerDate Mar 15 2010 05:33 Mar 14, 2014 Jkt 039115 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\ER003.XXX ER003

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suant to the Convention, and to ensure that such vessels are only 

authorized to conduct fishing activities in the Convention Area 

when given approval by an appropriate State authority that can effectively exercise its responsibilities overseeing the vessels. 

Article 14 outlines the duty of Contracting Parties to give effect 

to the port State measures adopted by the Convention, to provide 

assistance to flag States when they request that the Contracting 

Party provide assistance in ensuring compliance with the provisions of the Convention, and to provide flag States with full documentation when a Contracting Party considers that a fishing vessel 

in its port has violated a provision of the Convention. However, the 

Article does not affect the exercise of sovereignty over ports by 

Contracting Parties. 

Article 15 applies the relevant duties of port and flag States to 

‘‘Fishing Entities’’ that have expressed a commitment to abide by 

the terms of this Convention. The term ‘‘fishing entities’’ is commonly used in international fisheries management agreements to 

refer to Taiwan as a non-State participant. There are no other entities understood to be ‘‘Fishing Entities’’ under this Convention. 

Article 16 requires the Commission to develop standards, rules 

and procedures for data collection, verification, and exchange thereof. The Article also requires the Commission to ensure that data 

concerning the number of fishing vessels in the Convention Area, 

the status and assessments of fisheries resources managed under 

the Convention, research programs and cooperative initiatives are 

made publically available. 

Article 17 requires members of the Commission to enforce the 

Convention’s provisions and the Commission’s decisions, investigate fully any allegations of violations, and to take appropriate 

actions in accordance with its laws and regulations when sufficient 

information is available to suggest an alleged violation by a fishing 

vessel flying the flag of the member State. When it has been established that a fishing vessel flying the flag of a member State has 

violated either the provisions of the Convention or the conservation 

and management measures adopted by the Commission, the member is required to order the vessel to cease operations and ensure 

that the vessel does not engage in fishing activities within the Convention Area until all outstanding sanctions imposed on the vessel 

are complied with. All investigations and judicial proceedings must 

be carried out expeditiously. 

Article 20 obligates members of the Commission to exchange information on the activities of vessels in the Convention Area flying 

the flags of non-Contracting Parties, to draw attention to activities 

taken by these vessels that affects the attainment of the Convention’s objectives, to take measures to deter the activities of these 

vessels when they undermine conservation and management measures adopted by the Commission, and to request that the non-Contracting Party cooperate fully with the Commission. 

Article 21 requires the Commission to cooperate with the FAO or 

other specialized agencies of the United Nations such as regional 

fisheries management organizations on matters of mutual interest, 

to take into account the conservation and management measures 

or recommendations adopted by these organizations, and to make 

suitable arrangements for consultation, cooperation and collaboration with these organizations. 


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Article 22 requires the Commission to organize regular reviews 

analyzing the effectiveness of its conservation and management 

measures, and compliance therewith, and to take into account any 

recommendations produced by the review. 

Article 24 contemplates the accession of others to the Convention 

who have received a consensus invitation from the Contracting 

Parties and are (1) other States or regional economic integration 

organizations (e.g., the European Union) whose vessels wish to conduct fishing activities for fisheries resources in the Convention 

Area, or (2) other coastal States of the Convention Area. 

Articles 26 and 27 state that no reservations or exceptions may 

be made to the Convention, but that States or regional economic 

integration organizations may still make declarations and statements, so long as they do not purport to exclude or modify the legal 

effect of the Convention’s provisions. 

Article 29 requires that any proposal to amend the Convention 

be sent in writing to the Chairperson of the Commission ninety 

days prior to the meeting at which it is to be considered, that 

amendments must be adopted by consensus, and that amendments 

take effect one hundred and twenty days after the Depositary receives the notification of approval of all Contracting Parties. 

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 

Convention 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 

Convention 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 believes that the proposed 

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 the Convention would provide effective 

management of and protect U.S. interests in a valuable fisheries 

area, would bolster the U.S. fishing industry and consumers by 

helping to provide a fair market, and will benefit U.S. conservation 


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organizations, who have an important 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. 

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 Convention on the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean, Done at Tokyo on February 24, 2012, and Signed by the United States on May 2, 2012 

(the ‘‘’Convention’’) (Treaty Doc. 113–2), 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 Convention is not self-executing. 

Æ 


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