IB
Union Calendar No. 21
104TH CONGRESS
1ST SESSION
H. R. 622
[Report No. 104–41]
To implement the Convention on Future Multilateral Cooperation in the
Northwest Atlantic Fisheries.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 20, 1995
Mr. STUDDS (for himself and Mr. YOUNG of Alaska) introduced the following
bill; which was referred to the Committee on Resources
FEBRUARY 21, 1995
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To implement the Convention on Future Multilateral
Cooperation in the Northwest Atlantic Fisheries.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Northwest Atlantic
Fisheries Convention Act of 1995’’.
SEC. 2. REPRESENTATION OF UNITED STATES UNDER
CONVENTION.
(a) COMMISSIONERS.—
(1) APPOINTMENTS, GENERALLY.—The Sec-
retary shall appoint not more than 3 individuals to
serve as the representatives of the United States on
the General Council and the Fisheries Commission,
who shall each—
(A) be known as a ‘‘United States Com-
missioner 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 offi-
cial of the Government; and
(iii) 1, other than the individual ap-
pointed under clause (ii), is a voting mem-
ber of the New England Fishery Manage-
ment Council.
(B) The Secretary may not appoint as a
Commissioner an individual unless the individ-
ual is knowledgeable and experienced concern-
ing the fishery resources to which the Conven-
tion 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 Com-
missioner at 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, 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 ap-
point 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 in-
dividual as a Representative unless the individ-
ual is knowledgeable and experienced concern-
ing the scientific issues dealt with by the Sci-
entific Council.
(B) The Secretary shall appoint as a Rep-
resentative at least 1 individual who is an offi-
cial of the Government.
(3) TERM.—An individual appointed as a Rep-
resentative—
(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 Sec-
retary.
(d) ALTERNATE REPRESENTATIVES.—
(1) APPOINTMENT.—The Secretary may, for
any anticipated absence of a duly appointed Rep-
resentative at a meeting of the Scientific Council,
designate an individual to serve as an Alternate Rep-
resentative.
(2) FUNCTIONS.—An Alternate Representative
may exercise all powers and perform all duties of the
Representative for whom the Alternate Representa-
tive is designated, 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 func-
tions under the Convention, Commissioners, Alter-
nate Commissioners, Representatives, and Alternate
Representatives shall—
(A) coordinate with the appropriate Re-
gional Fishery Management Councils estab-
lished by section 302 of the Magnuson Act (16
U.S.C. 1852); and
(B) consult with the committee established
under section 8 of this Act.
(2) RELATIONSHIP TO OTHER LAW.—The Fed-
eral Advisory Committee Act (5 U.S.C. App.) shall
not apply to coordination and consultations under
this subsection.
SEC. 3. REQUESTS FOR SCIENTIFIC ADVICE.
(a) RESTRICTION.—The Representatives may not
make a request or specification described in subsection (b)
(1) or (2), respectively, unless the Representatives have
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 DE-
SCRIBED.—The requests and specifications referred to in
subsection (a) are, respectively—
(1) any request, under Article VII(1) 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 re-
sources in waters under the jurisdiction of the
United States within the Convention Area; and
(2) any specification, under Article VIII(2) of
the Convention, of the terms of reference for the
consideration of a question referred to the Scientific
Council pursuant to Article VII(1) of the Conven-
tion.
SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RE-
SPECT TO CONVENTION.
The Secretary of State may, on behalf of the Govern-
ment of the United States—
(1) receive and transmit reports, requests, rec-
ommendations, proposals, and other communications
of and to the Organization and its subsidiary or-
gans;
(2) object, or withdraw an objection, to the pro-
posal of the Fisheries Commission;
(3) give or withdraw notice of intent not to be
bound by a measure of the Fisheries Commission;
(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. 5. INTERAGENCY COOPERATION.
(a) AUTHORITIES OF SECRETARY.—In carrying out
the provisions of the Convention and this title, the Sec-
retary 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.
(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 Organiza-
tion for providing such services, facilities, and per-
sonnel.
SEC. 6. RULEMAKING.
The Secretary shall promulgate regulations as may
be necessary to carry out the purposes and objectives of
the Convention and this title. Any such regulation may
be made applicable, as necessary, to all persons and all
vessels subject to the jurisdiction of the United States,
wherever located.
SEC. 7. PROHIBITED ACTS AND PENALTIES.
(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 enforce-
ment 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 en-
forcement 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 enforce-
ment officer in the conduct of any search or inspec-
tion described in paragraph (2);
(4) to resist a lawful arrest for any act prohib-
ited by this section;
(5) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or
possession of, any fish 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 punish-
able under section 309(b) of the Magnuson Act (16 U.S.C.
1859(b)).
(d) CIVIL FORFEITURE.—
(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 fish (or the fair mar-
ket 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 fish seized pursu-
ant to this title may be disposed of pursuant to the
order of a court of competent jurisdiction or, if per-
ishable, in a manner prescribed by regulations issued
by the Secretary.
(e) ENFORCEMENT.—The Secretary and the Sec-
retary of the department in which the Coast Guard is op-
erating shall enforce the provisions of this title and shall
have the authority specified in sections 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 inter-
ests of justice.
SEC. 8. CONSULTATIVE COMMITTEE.
(a) ESTABLISHMENT.—The Secretary of State and
the Secretary, shall jointly establish a consultative com-
mittee to advise the Secretaries on issues related to the
Convention.
(b) MEMBERSHIP.—(1) The membership of the Com-
mittee 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 General Council
or the Fisheries Commission;
(2) any other meetings to which they are in-
vited by the General Council or the Fisheries Com-
mission; 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.
SEC. 9. ADMINISTRATIVE MATTERS.
(a) PROHIBITION
ON COMPENSATION.—A person
shall not receive any compensation from the Government
by reason of any service of the person as—
(1) a Commissioner, Alternate Commissioner,
Representative, or Alternative Representative;
(2) an expert or adviser authorized under sec-
tion 202(e); or
(3) a member of the consultative committee es-
tablished by section 8.
(b) TRAVEL
AND EXPENSES.—The Secretary of
State shall, subject to the availability of appropriations,
pay all necessary travel and other expenses of persons de-
scribed in subsection (a)(1) and of not more than six ex-
perts and advisers authorized under section 2(e) with re-
spect to their actual performance of their official duties
pursuant to this title, in accordance with the Federal
Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code.
(c) STATUS AS FEDERAL EMPLOYEES.—A person
shall not be considered to be a Federal employee by reason
of any service of the person in a capacity described in sub-
section (a), except for purposes of injury compensation
and tort claims liability under chapter 81 of title 5, United
States Code, and chapter 17 of title 28, United States
Code, respectively.
SEC. 10. DEFINITIONS.
In this title the following definitions apply:
(1) AUTHORIZED
ENFORCEMENT
OFFICER.—
The term ‘‘authorized enforcement officer’’ means a
person authorized to enforce this title, any regula-
tion issued under this title, or any measure that is
legally binding on the United States under the Con-
vention.
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means a United States Commissioner to the
Northwest Atlantic Fisheries Organization appointed
under section 2(a).
(3) CONVENTION.—The term ‘‘Convention’’
means the Convention on Future Multilateral Co-
operation in the Northwest Atlantic Fisheries, done
at Ottawa on October 24, 1978.
(4) FISHERIES COMMISSION.—The term ‘‘Fish-
eries Commission’’ means the Fisheries Commission
provided for by Articles II, XI, XII, XIII, and XIV
of the Convention.
(5) GENERAL
COUNCIL.—The term ‘‘General
Council’’ means the General Council provided for by
Article II, III, IV, and V of the Convention.
(6) MAGNUSON
ACT.—The term ‘‘Magnuson
Act’’ means the Magnuson Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(7) ORGANIZATION.—The term ‘‘Organization’’
means the Northwest Atlantic Fisheries Organiza-
tion provided for by Article II of the Convention.
(8) PERSON.—The term ‘‘person’’ means any
individual (whether or not a citizen or national of
the United States), and any corporation, partner-
ship, association, or other entity (whether or not or-
ganized or existing under the laws of any State).
(9) REPRESENTATIVE.—The term ‘‘Representa-
tive’’ means a United States Representative to the
Northwest Atlantic Fisheries Scientific Council ap-
pointed under section 2(c).
(10) SCIENTIFIC
COUNCIL.—The term ‘‘Sci-
entific Council’’ means the Scientific Council pro-
vided for by Articles II, VI, VII, VIII, IX, and X of
the Convention.
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’
means the Secretary of Commerce.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
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
XVI of the Convention, $500,000 for each of the fiscal
years 1995, 1996, 1997, and 1998.