S. 2485 — Introduced in Senate

II 113th CONGRESS 2d Session S. 2485 IN THE SENATE OF THE UNITED STATES June 17, 2014 Mr. Markey introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To implement the Amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, as adopted at Lisbon on September 28, 2007. 1. Short title; references to the Northwest Atlantic Fisheries Convention Act of 1995 (a) Short title This Act may be cited as the Northwest Atlantic Fisheries Convention Amendments Act. (b) References to the Northwest Atlantic Fisheries Convention Act of 1995 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 (16 U.S.C. 5601 et seq.). 2. Representation of the United States under Convention Section 202 (16 U.S.C. 5601) is amended— (1) in subsection (a)(1), by striking General Council and the Fisheries; (2) in subsection (b)(1), by striking at a meeting of the General Council or the Fisheries Commission; (3) in subsection (b)(2), by striking , at any meeting of the General Council or the Fisheries Commission for which the alternate Commission is designated; (4) in subsection (d)(1), by striking at a meeting of the Scientific Council; and (5) in subsection (d)(2), by striking , at any meeting of the Scientific Council for which the Alternative Representative is designated. 3. Requests for scientific advice Section 203 (16 U.S.C. 5602) is amended— (1) in subsection (a)— (A) by striking The Representatives may and inserting A Representative may; (B) by striking described in subsection (b)(1) or (2) and inserting described in paragraph (1) or (2) of subsection (b); and (C) by striking the Representatives have and inserting the Representative has; (2) by striking VII(1) each place it appears and inserting VII(10)(b); and (3) in subsection (b)(2), by striking VIII(2) and inserting VII(11). 4. Authorities of Secretary of State with respect to Convention Section 204 (16 U.S.C. 5603) is amended by striking Fisheries Commission each place it appears and inserting Commission consistent with the procedures detailed in Articles XIV and XV of the Convention. 5. Interagency cooperation Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows: (a) Authorities of the 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. . 6. Prohibited acts and penalties Section 207 (16 U.S.C. 5606) is amended by striking fish wherever it appears and inserting fishery resources. 7. Consultative committee Section 208 (16 U.S.C. 5607) is amended by striking General Council or the Fisheries wherever it appears. 8. Definitions Section 210 (16 U.S.C. 5609) is amended to read as follows— 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 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. . 9. Authorization of appropriations Section 211 (16 U.S.C. 5610) is amended— (1) by striking XVI and inserting IX; and (2) by striking through fiscal year 2012. 10. Quota allocation practice Section 213 (16 U.S.C. 5612) is repealed.