[Senate Report 114-120]
[From the U.S. Government Publishing Office]


                                                      Calendar No. 200
114th Congress    }                                     {       Report
                                 SENATE
 1st Session      }                                     {      114-120
_______________________________________________________________________

              


         NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 1251

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


                August 28, 2015.--Ordered to be printed
                                   ______

                         U.S. GOVERNMENT PUBLISHING OFFICE 

49-010                         WASHINGTON : 2015 


                
                
                
                
       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
                 
                 
                 
                 
                 
                 
                 
                 
                 
                 
                                                      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.
    Under the Magnuson-Stevens Fishery Conservation and 
Management Act\1\ (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.
---------------------------------------------------------------------------
    \1\16 U.S.C. 1801 et seq.
---------------------------------------------------------------------------
    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.
---------------------------------------------------------------------------
    \2\The 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)
---------------------------------------------------------------------------

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 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.\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:
---------------------------------------------------------------------------
    \3\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. 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 
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 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.
---------------------------------------------------------------------------
    \4\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. 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 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 
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.
    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.

                      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 appointed 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 [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] 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.--[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 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 [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] 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 [Magnuson 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 [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] Magnuson-
        Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1860).
          (2) Disposal of [fish] fishery resources.--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] 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 [two] 
        2 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 title:
          (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 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.
          (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]