[Congressional Record Volume 141, Number 57 (Tuesday, March 28, 1995)]
[House]
[Pages H3826-H3828]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

  Mr. SAXTON. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 622) to implement the Convention on Future Multilateral 
Cooperation in the Northwest Atlantic Fisheries, as amended.
  The Clerk read as follows:
                                H.R. 622

       Be it enacted by the Senate and House of Representatives 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 Secretary 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 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 
     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 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 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.
     [[Page H3827]]   (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 at 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 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 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 8 
     of this Act.
       (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. 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 Described.--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 resources 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 Convention.

     SEC. 4. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
                   CONVENTION.

       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 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] Act, 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.
       (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. 6. RULEMAKING.

       The Secretary shall promulgate regulations as may be 
     necessary to carry out the purposes and objectives of the 
     Convention and this [title] Act. 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] Act 
     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] Act, any 
     regulation issued under this [title] Act, 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 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 punishable 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 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 fish seized pursuant to this 
     [title] Act 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] Act 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 interests of 
     justice.

     SEC. 8. CONSULTATIVE COMMITTEE.

       (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 General Council or the 
     Fisheries Commission;
       (2) any other meetings to which they are invited by the 
     General 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.

     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 section 202(e); 
     or
       (3) a member of the consultative committee established 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 described in 
     subsection (a)(1) and of not more than six experts and 
     advisers authorized under section 2(e) with respect to their 
     actual performance of their official duties pursuant to this 
     [title] Act, 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 subsection (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.
     [[Page H3828]] SEC. 10. DEFINITIONS.

       In this [title] Act the following definitions apply:
       (1) Authorized enforcement officer.--The term ``authorized 
     enforcement officer'' means a person authorized to enforce 
     this [title] Act, any regulation issued under this [title] 
     Act, or any measure that is legally binding on the United 
     States under the Convention.
       (2) Commissioner.--The term ``Commissioner'' 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 Cooperation in the 
     Northwest Atlantic Fisheries, done at Ottawa on October 24, 
     1978.
       (4) Fisheries commission.--The term ``Fisheries 
     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 Organization 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, partnership, association, or other 
     entity (whether or not organized or existing under the laws 
     of any State).
       (9) Representative.--The term ``Representative'' means a 
     United States Representative to the Northwest Atlantic 
     Fisheries Scientific Council appointed under section 2(c).
       (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.
       (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] Act, 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
Jersey [Mr. Saxton] will be recognized for 20 minutes, and the 
gentleman from Massachusetts [Mr. Studds] will be recognized for 20 
minutes.
  The Chair recognizes the gentleman from New Jersey [Mr. Saxton].
  (Mr. SAXTON asked and was given permission to revise and extend his 
remarks.)
  Mr. SAXTON. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in support of H.R. 622, noncontroversial 
legislation pending before us today.
  H.R. 622 is the implementation of the Convention on Future 
Multilateral Cooperation in the Northwest Atlantic Fisheries. This bill 
was introduced by the ranking minority member of the Fisheries, 
Wildlife and Oceans Subcommittee, Mr. Studds.
  H.R. 622 would authorize U.S. participation in the North Atlantic 
Fisheries Organization--also known as NAFO.
  The NAFO is an international body established by convention in 1978 
to oversee certain fisheries existing beyond the 200-mile territorial 
seas of the United States, Canada, and Greenland in the northwest 
Atlantic. The United States participated in the negotiations and signed 
the original convention. While the other body consented to membership 
to NAFO in 1983, Congress never enacted implementing legislation to 
allow full participation in the organization. And while U.S. fishermen 
must abide by the NAFO treaty, these same fishermen are unable to 
formally participate in the process that results in the treaty. This 
legislation would allow just that.
  Once again, this is a noncontroversial bill and I ask for your 
support.
  Mr. Speaker, I reserve the balance of my time.
                              {time}  1500

  Mr. STUDDS. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, I rise in strong support of H.R. 622, legislation to 
implement the Convention on Future Multilateral Cooperation in the 
Northwest Atlantic Fisheries.
  Two weeks ago, I stood in this spot describing for Members the 
drastic decline of commercial fisheries worldwide, and the need for all 
coastal nations to participate in international agreements and 
organizations that provide for the responsible conversation and 
management of high seas resources. Demonstrating the U.S. commitment to 
such an effort, the legislation we passed that day encouraged the 
development of a multilateral management agreement for pollock stocks 
in the north Pacific.
  Similarly, the bill we are considering today, H.R. 622, would 
authorize U.S. participation in NAFO, an international body established 
by convention in 1978 to manage certain valuable high seas fisheries in 
the northwest Atlantic. Seventeen nations are party to this convention. 
While the U.S. participated in the negotiation for NAFO, signed the 
original convention, and the Senate consented to membership in 1983, 
Congress has never enacted implementing legislation to allow full 
participation in the organization.
  In the past, U.S. fishermen have had little interest in fishing in 
the NAFO regulatory area, so membership was not crucial. Recently, 
however, U.S. fishing vessels have begun harvesting fish in the NAFO 
area. Complicating this situation, is the fact that the United States 
is about to implement a high seas fisheries treaty adopted at the 
United Nations in November 1993. That treaty would prohibit our vessels 
from fishing in the NAFO area unless we are party to the NAFO 
convention. As a result, joining NAFO is not only the responsible thing 
to do, it is essential if our fishermen are to have any hope of access 
to the area in the future.
  By requiring the United States to work cooperatively in an area of 
the ocean where fisheries important to our own fishermen exist, H.R. 
622 is the second bill we will pass in 2 weeks that signals U.S. 
dedication to multilateral management of high seas resources, it is 
good for the fish and the fishermen, and I urge Members to support it.
  Mr. Speaker, I have no further requests for time, and I yield back 
the balance of my time.
  Mr. YOUNG of Alaska. Mr. Speaker, my colleague from Massachusetts, 
Mr. Studds, has introduced H.R. 622, a bill to implement the Convention 
on Future Multilateral Cooperation in Northwest Atlantic Fisheries. 
This legislation will allow the United States to become a member of the 
Northwest Atlantic Fisheries Organization [NAFO].
  Currently, the United States is not an active member in NAFO, even 
though we were involved in the negotiations which created this 
organization in 1978. Since this organization is active in recommending 
how resources that are harvested by U.S. fishermen are being managed 
and conserved, I support H.R. 622. This legislation will give the 
administration a more active role in NAFO's management and conservation 
recommendations, while giving U.S. fishermen greater access to the 
organization's research.
  Mr. SAXTON. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from New jersey [Mr. Saxton] that the House suspend the rules 
and pass the bill, H.R. 622, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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