[Senate Report 113-316]
[From the U.S. Government Publishing Office]
Calendar No. 623
113th Congress } { Report
SENATE
2d Session } { 113-316
_______________________________________________________________________
NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT
__________
R E P O R T
of the
COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
on
S. 2485
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
December 12, 2014.--Ordered to be printed
______
U.S. GOVERNMENT PRINTING OFFICE
49-010 WASHINGTON : 2014
SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
one hundred thirteenth congress
second session
JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California JOHN THUNE, South Dakota
BILL NELSON, Florida ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington ROY BLUNT, Missouri
MARK PRYOR, Arkansas MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota DEAN HELLER, Nevada
MARK BEGICH, Alaska DANIEL COATS, Indiana
RICHARD BLUMENTHAL, Connecticut TIM SCOTT, South Carolina
BRIAN SCHATZ, Hawaii TED CRUZ, Texas
ED MARKEY, Massachusetts DEB FISCHER, Nebraska
CORY BOOKER, New Jersey RON JOHNSON, Wisconsin
JOHN WALSH, Montana
Ellen Doneski, Staff Director
John Williams, General Counsel
David Schwietert, Republican Staff Director
Nick Rossi, Republican Deputy Staff Director
Rebecca Seidel, Republican General Counsel
Calendar No. 623
113th Congress } { Report
SENATE
2d Session } { 113-316
======================================================================
NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT
_______
December 12, 2014.--Ordered to be printed
_______
Mr. Rockefeller, from the Committee on Commerce, Science, and
Transportation, submitted the following
R E P O R T
[To accompany S. 2485]
The Committee on Commerce, Science, and Transportation, to
which was referred the bill (S. 2485), to implement the
Amendment to the Convention on Future Multilateral Cooperation
in the Northwest Atlantic Fisheries, as adopted at Lisbon 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. 2485 is to implement the Amendment to the
Convention on Future Multilateral Cooperation in the Northwest
Atlantic Fisheries (Convention), as adopted at Lisbon on
September 28, 2007.
Background and Needs
International Fisheries Management
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 nations do not
manage for stock sustainability, enforce their regulations
effectively, or coordinate management of shared stocks with
other fishing nations.
Under the Magnuson-Stevens Fishery Conservation and
Management Act (MSA; 16 U.S.C. 1801 et seq.), the U.S.
Government exercises 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
which 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), 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 NMFS, the State Department, and the
Coast Guard. NMFS and the Coast Guard also provide input for
the State Department's negotiations of fishery treaties and
agreements, in addition to reviewing foreign fishing vessel
permit applications. The Coast Guard 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.
Additionally, NMFS and the Coast Guard 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 include 19
commercial stocks, though the international fishery mostly
targets 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.\1\ 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:
---------------------------------------------------------------------------
\1\Fishing in the NAFO Area (http://www.nafo.int/fisheries/frames/
fishery.html).
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
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 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, and
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 will also
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
nation's jurisdiction. This change is expected to reduce U.S.
dues by almost one-third.
The Amendment will enter into force 120 days after 9
contracting parties ratify it. Since its adoption, five parties
--Canada, Cuba, the European Union, Norway, and the Russian
Federation-- have ratified it. The United States signed the
Convention on September 28, 2007, and the U.S. Senate provided
its advice and consent in favor of ratification on April 3,
2014. When the U.S. Senate Committee on Foreign Relations
reported the Convention favorably on March 13, 2014, with the
resolution of advice and consent to ratification, it clarified
that the Convention is not self-executing, meaning that
ratification requires implementing legislation to conform U.S.
domestic law to the requirements of the Convention.\2\ 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.
---------------------------------------------------------------------------
\2\Senate Executive Report 113-4: Amendment to the Convention on
Future Multilateral Cooperation in the Northwest Atlantic Fisheries,
adopted on September 28, 2007, at the twenty-ninth Annual Meeting of
the North Atlantic Fisheries Organization (NAFO) (http://www.gpo.gov/
fdsys/pkg/CRPT-113erpt4/pdf/CRPT-113erpt4.pdf).
---------------------------------------------------------------------------
Summary of Provisions
S. 2485, 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. 2485 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. 2485 was introduced by Senator Markey on June 17, 2014,
and referred to the Committee on Commerce, Science, and
Transportation. On September 17, 2014, the Committee met in
open Executive Session and, by a voice vote, ordered S. 2485 to
be reported without amendment.
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. 2485--Northwest Atlantic Fisheries Convention Amendments Act
S. 2485 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 (NAPO). 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. 2485 would cost $2.5 million over the 2015-2019
period, assuming appropriation of the authorized amounts.
Because enacting the bill would 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 the settlement of disputes under the Convention.
CBO has not reviewed S. 2485 for intergovernmental or
private-sector 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 because it
would implement the Amendment to the Convention on Future
Multilateral Cooperation in the Northwest Atlantic Fisheries.
The CBO staff contacts for this estimate are Jeff LaFave
(for federal costs), Jon Sperl (for intergovernment mandates),
and Amy Petz (for private-sector mandates). The estimate was
approved by Theresa Gullo, Deputy 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. 2485 as reported does 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 S. 2485 is not expected to have any
inflationary or adverse impact on the Nation's economy. Failure
to enact S. 2485 into law may jeopardize the benefits of a
streamlined NAFO and additional opportunities for U.S.
fishermen to participate in NAFO fisheries.
privacy
S. 2485 would not impact the personal privacy of
individuals.
paperwork
S. 2485 would have no impact in 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.
Section-by-Section Analysis
Section 1. Short title; references to the Northwest Atlantic Fisheries
Convention Act of 1995.
This section would provide that this Act may be cited as
the ``Northwest Atlantic Fisheries Convention Amendments Act.''
This section would establish that, except as otherwise
expressly provided, whenever in this Act an amendment or repeal
is expressed in terms of an amendment to, or repeal of, a
section or other provision, the reference shall be considered
to be made to a section or other provision of the Northwest
Atlantic Fisheries Convention Act of 1995 (NAFCA; 16 U.S.C.
5601 et seq.).
Section 2. Representation of the United States under Convention.
This section would amend section 202 of NAFCA (16 U.S.C.
5601) to reflect changes to the NAFO structure in the amended
Convention, ensuring effective and flexible U.S. representation
at all appropriate NAFO meetings.
Section 3. Requests for scientific advice.
This section would amend section 203 of NAFCA (16 U.S.C.
5602) to reflect changes to the relevant article numbering in
the amended Convention.
Section 4. Authorities of Secretary of State with respect to
Convention.
This section would section 204 of NAFCA (16 U.S.C. 5603) to
reflect structural changes to NAFO under the amended
Convention. The section would also provide greater specify by
citing appropriate articles of the Convention.
Section 5. Interagency cooperation.
This section would amend section 205 of NAFCA (16 U.S.C.
5604) to clarify that the Secretary may, in carrying out the
provisions of the Convention and this Act, cooperate with: (1)
any department agency or instrumentality of the United States;
(2) a State; (3) the New England or Mid-Atlantic Fishery
Management Councils; or (4) a private institution or
organization.
Section 6. Prohibited acts and penalties.
This section would amend section 207 of NAFCA (16 U.S.C.
5606) to better delineate the scope of fishery resources
covered under this Act.
Section 7. Consultative committee.
This section would amend section 208 of NAFCA (16 U.S.C.
5607) to reflect changes to the NAFO structure in the amended
Convention.
Section 8. Definitions.
This section would amend section 210 of NAFCA (16 U.S.C.
5609) to define or redefine the following terms: ``1982
Convention;'' ``Authorized enforcement officer;''
``Commission;'' ``Commissioner;'' ``Convention;'' ``Convention
Area;'' ``Council;'' ``Fishery resources;'' ``Fishing
Activities;'' ``Fishing vessel;'' ``Organization;'' ``Person;''
``Representative;'' ``Scientific Council;'' ``Secretary;''
``State;'' and ``Transshipment.''
Section 9. Authorization of appropriations.
This section would amend section 211 of NAFCA (16 U.S.C.
5610) to reflect article renumbering in the amended Convention.
It would also authorize to be appropriated $500,000 for each
fiscal year to carry out this Act and to pay for the United
States' contributions to NAFO.
Section 10. Quota allocation practice.
This section would repeal section 213 of NAFCA (16 U.S.C.
5612), which requires the Secretary to include in an annual
report updates on U.S. efforts to change the NAFO allocation
practice in order to acquire useable fishing privileges for
U.S. fishermen. Because the United States has now secured
fishing opportunities in the Convention Area, and the amended
Convention now explicitly states that the interests of all
coastal nations, including the United States, must be taken
into account in any allocation process, this particular
reporting requirement is no longer necessary.
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 [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.
(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 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.--[The Representatives may] A Representative
may not make a request or specification [described in
subsection (b) (1) or (2)] described in paragraph (1) or (2) of
subsection (b), respectively, unless [the 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 [VII(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 [VIII(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 [VII(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;
(2) object, or withdraw an objection, to the proposal
of the [Fisheries 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 [Fisheries 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]
[(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 Secretary.--In carrying out the provisions
of the Convention and this Act, 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.
(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. 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 [fish] 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 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 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 [fish] 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 Magnuson Act (16 U.S.C.
1860).
(2) Disposal of fish.--Any [fish] 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 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. 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 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. 210. DEFINITIONS.
[16 U.S.C. 5609]
[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 regulation issued
under this title, 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 202(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-Stevens 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 202(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. 210. DEFINITIONS.
In this Act--
(1) 1982 convention.--The term ``1982 Convention''
means the United Nations Convention on the Law of the
Sea of 10 December 1982.
(2) Authorized enforcement officer.--The term
``authorized enforcement officer'' means a person
authorized to enforce this Act, any regulation issued
under this Act, 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 Cooperation in the Northwest Atlantic
Fisheries, as adopted at Lisbon on September 28, 2007.
(6) Convention area.--The term ``Convention Area''
means the waters of the Northwest Atlantic Ocean north
of 3500' N and west of a line extending due north from
3500' N and 4200' W to 5900' N, thence due west to
4400' 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 7810' 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.
(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.
SEC. 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 [XVI]
IX of the Convention, $500,000 for each fiscal year [through
fiscal year 2012].
[SEC. 213. QUOTA ALLOCATION PRACTICE.
[16 U.S.C. 5612]
[(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--
[(1) is predictable and transparent;
[(2) provides fishing opportunities for all members
of the Organization; and
[(3) is consistent with the Straddling Fish Stocks
Agreement.
[(b) Report.--The Secretary of Commerce shall include in
annual reports under section 212--
[(1) a description of the results of negotiations
held pursuant to subsection (a);
[(2) an identification of barriers to achieving such
a new allocation practice; and
[(3) recommendations for any further legislation that
is necessary to achieve such a new practice.
[(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.]
[all]