U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT 

2015

114–120 

Calendar No. 200 

NORTHWEST ATLANTIC FISHERIES 

CONVENTION AMENDMENTS ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1251 

congress.#13 

AUGUST 28, 2015.—Ordered to be printed 


emcdonald on DSK67QTVN1PROD with HEARING
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


emcdonald on DSK67QTVN1PROD with HEARING
Calendar No. 200 

114TH CONGRESS REPORT " ! SENATE 1st Session 114–120 

NORTHWEST ATLANTIC FISHERIES CONVENTION 

AMENDMENTS ACT 

AUGUST 28, 2015.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1251] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1251) to implement the Amendment 

to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, as adopted at Lisbon, Portugal 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. 1251 is to implement the Amendment to the 

Convention on Future Multilateral Cooperation in the Northwest 

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

September 28, 2007. 

BACKGROUND AND NEEDS

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 fishing nations do not manage for 

stock sustainability, enforce their regulations effectively, or coordinate management of shared stocks with other fishing nations. 


emcdonald on DSK67QTVN1PROD with HEARING
2 

1 16 U.S.C. 1801 et seq. 

2The Carter Administration, Presidential Decision Directive 27 (PDD-27): Procedures for 

Dealing with Non-military Incidents. Jan. 19, 1978. (http://www.jimmycarterlibrary.gov/documents/pddirectives/pd27.pdf) 

Under the Magnuson-Stevens Fishery Conservation and Management Act1 (MSA, first enacted in 1976), the Federal Government 

execises 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 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), which are 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 the NMFS, the State Department, and the 

U.S. Coast Guard (USCG). The NMFS and the USCG also provide 

input for the State Department’s negotiations of fishery treaties 

and agreements, in addition to reviewing foreign fishing vessel permit applications. The USCG 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 27.2 Additionally, the NMFS and the 

USCG 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 fish stocks include 

19 commercial stocks, though the international fishery mostly tarVerDate Sep 11 2014 05:11 Aug 29, 2015 Jkt 049010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR120.XXX SR120

emcdonald on DSK67QTVN1PROD with HEARING
3 

3Fishing in the NAFO Area (http://www.nafo.int/fisheries/frames/fishery.html) 

gets 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 decades (perhaps centuries) of overfishing. In 2011, 56 vessels from 13 flag states fished under NAFO.3 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 


emcdonald on DSK67QTVN1PROD with HEARINGs1251.eps
4 

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, 

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. 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 also will 

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 naVerDate Sep 11 2014 05:11 Aug 29, 2015 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR120.XXX SR120

emcdonald on DSK67QTVN1PROD with HEARING
5 

4Senate 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). 

tion’s jurisdiction. This change is expected to reduce U.S. dues by 

almost one-third. 

The Amendment will enter into force 120 days after the 9 contracting parties ratify it. Since its adoption, Canada, Cuba, the European Union, Norway, and the Russian Federation have ratified 

it. The United States signed the Convention on September 28, 

2007. However, the Convention is not self-executing, meaning that 

ratification requires implementing legislation to conform U.S. domestic law to the requirements of the Convention.4 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. 1251, 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. 1251 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. 1251 was introduced by Senator Markey on May 7, 2015. On 

May 20, 2015, the Committee met in open Executive Session and, 

by a voice vote, ordered S. 1251 to be reported favorably without 

amendment. A nearly identical bill, S. 2485 passed out of Committee last Congress. 

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. 1251—Northwest Atlantic Fisheries Convention Amendments Act 

S. 1251 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 (NAFO). 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. 1251 

would cost $2.5 million over the 2016–2020 period, assuming availability of appropriated amounts. Because enacting the bill would 


emcdonald on DSK67QTVN1PROD with HEARING
6 

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

not apply. 

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 settling disputes under the Convention. 

CBO has not reviewed S. 1251 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. 

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

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

Theresa Gullo, 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. 1251 as reported would 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 this legislation would not be expected to have any 

inflationary or adverse impact on the Nation’s economy. Failure to 

enact S. 1251 into law may jeopardize the benefits of a streamlined 

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

PRIVACY

The bill would not impact the personal privacy of individuals. 

PAPERWORK

This bill would have no impact on 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. 


emcdonald on DSK67QTVN1PROD with HEARING
7 

SECTION-BY-SECTION ANALYSIS

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

Convention Act of 1995. 

This section would designate the short title of this bill as the 

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

would provide that whenever an amendment to, or repeal of, a section or other provision is expressed in this Act, the reference shall 

be considered to be made to a section or other provision of the 

Northwest Atlantic Fisheries Convention Act of 1995 (Convention 

Act; 16 U.S.C. 5601 et seq.). 

Section 2. Representation of the United States under Convention. 

This section would amend section 202 of the Convention Act (16 

U.S.C. 5601) by striking several references to the ‘‘General Council’’ 

and the ‘‘Scientific Council.’’ 

Section 3. Requests for scientific advice. 

This section would amend section 203 of the Convention Act (16 

U.S.C. 5602) to allow a single representative, rather than requiring 

all representatives, to request advice from the Scientific Council. 

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

This section would amend section 204 of the Convention Act (16 

U.S.C. 5603) by replacing ‘‘Fisheries Commission’’ with ‘‘Commission consistent with the procedures detailed in Articles XIV and XV 

of the Convention.’’ 

Section 5. Interagency cooperation. 

This section would amend section 205(a) of the Convention Act 

(16 U.S.C. 5604(a)) to allow the Secretary to arrange for cooperation with any department, agency, or instrument of the United 

States; any State; the Council; or any private institution or an organization in carrying out the provisions of the Convention and 

this Act. 

Section 6. Prohibited acts and penalties. 

This section would amend section 207 of the Convention Act (16 

U.S.C. 5606) by striking ‘‘fish’’ wherever it appears and inserting 

‘‘fishery resources.’’ 

Section 7. Consultative committee. 

This section would amend section 208 of the Convention Act (16 

U.S.C. 5607) by striking ‘‘General Council or the Fisheries’’ wherever it appears. 

Section 8. Definitions. 

This section would amend section 210 of the Convention Act (16 

U.S.C. 5609) to define: ‘‘1982 Convention’’ as the United Nations 

Convention on the Law of the Sea of 10 December 1982; ‘‘Authorized Enforcement Officer’’ as a person authorized to enforce this 

Act; ‘‘Commission’’ as the body provided for by Articles V, VI, XIII, 

XIV, and XV of the Convention; ‘‘Commissioner’’ as a United States 

Commissioner to the Northwest Atlantic Fisheries Organization apVerDate Sep 11 2014 05:11 Aug 29, 2015 Jkt 049010 PO 00000 Frm 00009 Fmt 6659 Sfmt 6602 E:\HR\OC\SR120.XXX SR120

emcdonald on DSK67QTVN1PROD with HEARING
8 

pointed under section 202; ‘‘Convention’’ as the Convention on Cooperation in the Northwest Atlantic Fisheries; ‘‘Convention Area’’ 

as the waters of the Northwest Atlantic; ‘‘Council’’ as the New England Fishery Management Council or the Mid-Atlantic Fishery 

Management Council; ‘‘Fishery Resources’’ as all fish, mollusks, 

and crustaceans within the Convention Area, but not sedentary 

species in sovereign waters, species managed under other international treaties, anadromous and catadromous stocks and highly 

migratory species; ‘‘Fishing Activities’’ as harvesting, processing, or 

transshipping of fishery resources and activities in support of these 

actions, but excluding any operation related to emergencies involving the health and safety of crew member or the safety of a vessel; 

‘‘Fishing Vessel’’ as a vessel that has been engaged in fishing activities; ‘‘Organization’’ as the Northwest Atlantic Fisheries Organization provided for by Article V of the Convention; ‘‘Person’’ as any 

individual, corporation, partnership, association, or other entity; 

‘‘Representative’’ as a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 

202; ‘‘Scientific Council’’ as the Scientific Council provided for by 

Articles V, VI, and VII of the Convention; ‘‘Secretary’’ as the Secretary of Commerce; ‘‘State’’ as each of the several States of the 

United States, the District of Columbia, and any other commonwealth, territory, or possession of the United States; and ‘‘Transshipment’’ as the unloading of fishery resources on board a fishing 

vessel to another vessel either at sea or in port. 

Section 9. Authorization of appropriations. 

This section would amend section 211 of the Convention Act (16 

U.S.C. 5610) by striking ‘‘XVI’’ and inserting ‘‘IX’’ and striking 

‘‘through fiscal year 2012.’’ 

Section 10. Quota allocation practice. 

This section would repeal section 213 of the Convention Act (16 

U.S.C. 5612). 

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 


emcdonald on DSK67QTVN1PROD with HEARING
9 

(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 

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 designated ø, 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 


emcdonald on DSK67QTVN1PROD with HEARING
10 

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 designated ø, 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.— 

(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 

øMagnuson Act¿ Magnuson-Stevens Fishery Conservation 

and Management 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; 


emcdonald on DSK67QTVN1PROD with HEARING
11 

(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). 

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 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. 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 


emcdonald on DSK67QTVN1PROD with HEARING
12 

a civil penalty, or may be subject to a permit sanction, under section 308 of the øMagnuson Act¿ Magnuson-Stevens Fishery Conservation and Management 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 

øMagnuson Act¿ Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1859(b)). 

(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 øMagnuson Act¿ Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1860). 

(2) DISPOSAL OF øFISH¿ FISHERY RESOURCES.—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 øMagnuson Act¿ Magnuson-Stevens Fishery Conservation and Management 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 øtwo¿ 2 years and 

shall be eligible for reappointment. 

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

committee may attend— 


emcdonald on DSK67QTVN1PROD with HEARING
13 

(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. 

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 title: 

(1) 1982 CONVENTION.—The term ‘‘1982 Convention’’ means 

the United Nations Convention on the Law of the Sea of 10 December 1982. 


emcdonald on DSK67QTVN1PROD with HEARING
14 

(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. 


emcdonald on DSK67QTVN1PROD with HEARING
15 

(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. 

øSEC. 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 


emcdonald on DSK67QTVN1PROD with HEARING
16 

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 


emcdonald on DSK67QTVN1PROD with HEARING