H.R. 8791-TO AMEND THE NORTHWEST ATLANTIC FISHERIES ACT OF 1950, THE NORTH PACIFIC FISHERIES ACT OF 1954, AND FOR OTHER PURPOSES THURSDAY, JUNE 10, 1971 HOUSE OF REPRESENTATIVES, SUBCOMMITTEE ON INTERNATIONAL ORGANIZATIONS AND MOVEMENTS OF THE COMMITTEE ON FOREIGN AFFAIRS, Washington, D.C. The subcommittee met at 2:20 p.m. in room 2255, Rayburn House Office Building, Hon. Donald M. Fraser (chairman of the subcommittee) presiding. Mr. FRASER. The meeting of the subcommittee will come to order. Today's hearing is being held in order to take testimony on H.R. 8791, which would amend the Northwest Atlantic Fisheries Act of 1950 and the North Pacific Fisheries Act of 1954. The purpose of these amendments is to bring the existing legislation in line with recent amendments to the International Convention for the Northwest Atlantic Fisheries. The legislation before us was proposed by the Department of State in Executive Communication No. 634 on April 26, 1971. The proposal was referred to the Committee on Foreign Affairs and assigned to this subcommittee for consideration. I introduced the legislation on June 1, 1971. A companion bill, S. 1822, has been introduced in the other body by Senator Magnuson and referred to the Senate Committee on Commerce where no action has been scheduled. At this point, without objection, the texts of the executive communication, the bill H.R. 8791 and the Convention amendments, will be entered into the record. (The documents referred to follow, together with the text of the two protocols to the International Convention for the Northwest Atlantic Fisheries, which are mentioned in the executive communication :) Hon. CARL ALBERT, Washington, D.C. DEPARTMENT OF STATE, Washington, D.C., April 26, 1971. DEAR MR. SPEAKER: There is enclosed a draft of a proposed bill "To amend the Northwest Atlantic Fisheries Act of 1950 as amended, the North Pacific Fisheries Act of 1954 as amended, and for other purposes". It is requested that this bill be referred to the appropriate committee for consideration; it's enactment is recommended. Two Protocols to the International Convention for the Northwest Atlantic Fisheries entered into force on December 19, 1969. The United States has ratified these Protocols. One provides for a new method for entry into force of regulations proposed by the International Commission for the Northwest Atlantic Fisheries, established by the Convention; the other grants authority to the Commission to propose regulations for international measures of control (enforcement) to ensure uniform application of the fisheries conservation regulations through joint action. These Protocols require amendments to the Northwest Atlantic Fisheries Act, which is the implementing legislation for the Convention. The proposed changes in the North Pacific Fisheries Act are consequent to the changes in the aforementioned Act. The bill also proposes measures to facilitate United States representation to the Commission and to similar international fisheries commissions. The Protocol on entry into force of regulations was initiated by the United States, and is designed to expedite the procedure for adoption of regulations proposed by the Commission. Under the previous procedure, each government participating in the Panel for the Convention subarea to which a proposal applied had to take affirmative action to signify its approval thereof before a proposal could enter into force. There have been long delays in the entry into force of some Commission proposals, apparently in large measures because of inertia in taking the required action, particularly on the part of countries whose fishermen are little affected one way or the other by the proposal in question. Under the new procedure a government is deemed to have approved a proposal unless it objects within a specified period. Adequate safeguards are included to protect the rights and interests of the contracting governments and their fishermen. The aims of the Convention will be achieved more fully through this more expeditious system of bringing necessary conservation proposals into force. The procedure will also apply to proposals relating to joint enforcement which may be made under the other Protocol. The Northwest Atlantic Fisheries Act requires both the Secretary of State and the Secretary of Commerce to take positive action to accept a proposal on the part of the United States. The proposed amendment would require the Secretary of State to take appropriate action, with the concurrence of the Secretary of Commerce with regard to such proposals. The United States has never rejected a proposal, and, in fact, among the fifteen member governments, only three proposals have been subject to objection. The United States would have six months in which to act. The Secretary of Commerce would be required to inform the Secretary of State within five months as to what action he considers appropriate with regard to such proposals and the Secretary of the Department in which the Coast Guard is operating would be required to similarly inform the Secretary of State with regard to proposals relating to national and international measures of control. The Protocol also provides for extended periods of objection if one party rejects the proposal during the six month period. The Secretaries would have a similar objection to inform the Secretary of State within these periods concerning appropriate action in sufficient time to allow the Secretary of State to file an objection within the time allowed by the Protocol. With regard to the latter provision of the Protocol, it may be that the United States would find a proposal acceptable but would not wish to be bound by it if another party objected to it and relieved itself of any obligation to give effect to the proposal. Under the Protocol a proposal becomes effective for all governments, except those which have presented objections, at the end of the objection period, unless a majority of the governments concerned have objected in which case all governments are relieved of any obligation to give effect to the proposal. In the latter circumstance, any of the governments may agree among themselves to give effect to the proposal, which is also provided for in the legislation.. Since a very significant proportion of the fisheries in the Convention area are conducted in waters off the coasts of the United States, it is in our interest to secure prompt acceptance of necessary conservation proposals. In the past, numerous proposals which were necessary or desirable from the standpoint of United States interests were unduly delayed by inaction on the part of one or more of the other parties to the Convention. Thus the changes in the Convention are very much in our interests; we believe that the proposed changes in the legislation is a reasonable method of implementing them on behalf of the United States. The Protocol on measures of control expressly permits the Commission to make proposals related to national or international measures of control to ensure the application of the Convention and the conservation regulations adopted thereunder. At present, each contracting government is required to enforce the terms of the Convention and the regulations adopted thereunder with respect to its own nationals. The Protocol permits a supplemental system of international inspection or enforcement to be adopted under the terms of regulations proposed by the Commission and approved by member governments. This will permit more efficient and uniform enforcement of Commission regulations designed to conserve the stocks of fish in the Convention area in the Northwest Atlantic, a significant part of which lies off the coasts of the United States. Before proposing the Protocol to governments, the Commission discussed the question of enforcement at some length, and decided that enforcement of the Commission's regulations would be more uniform and efficient if some form of international inspection or enforcement system were adopted. Consideration was given to amending the Convention to specify the form of international inspection or enforcement, as is done for example in the International North Pacific Fisheries Convention. It was concluded, however, that some flexibility would be preferable. Thus the Protocol authorizes the Commission to adopt such proposals without specifying their nature. Proposals will not enter into force until approved by the Contracting Parties under the procedure discussed above. Accordingly, it is not possible to be specific in the amendments to the Northwest Atlantic Fisheries Act concerning the international enforcement activities which may be undertaken by the United States with respect to foreign fishing vessels in the Convention area or by other parties with respect to American fishing vessels in the Convention area, as it is for example in the case of the North Pacific Fisheries Act where international enforcement procedures are spelled out in the Convention. Rather, it will be necessary to implement enforcement proposals which enter into force for the United States by regulation. International enforcement has been discussed extensively with the concerned segments of the fishing industry in the Northwest Atlantic, and we have found them to be strong advocates of such a program. In view of the magnitude of the foreign fishing activities in the area, they consider it to be essential that American enforcement authorities have an opportunity to ensure that foreign fishermen adhere to the same strict standards that we require of the American fishermen. They realize full well that this can only be undertaken on a reciprocal basis. The proposed amendments would empower the Secretary of the Department in which the Coast Guard is operating and the Secretary of Commerce, with the concurrence of the Secretary of State, to joinly issue the necessary regulations to implement the enforcement proposals which enter into force with respect to the United States and to cooperate with officials of other parties to the Convention in implementing such proposals. Proposed section 7(d) would give a legislative basis for foreign enforcement officers taking action with respect to American vessels pursuant to such proposals, within certain limitations which are specified in the section. Other limitations also might be specified in the Secretary's regulations and, of course, the proposals negotiated in the Commission with the participation of the United States, including industry advisors, might also contain limitations on such activities. Proposed section 7(e) would give a legislative basis for American enforcement officers to take action with respect to foreign vessels pursuant to such proposals. The Northwest Atlantic Fisheries Act permits the Secretary of Commerce to designate officers of the States of the United States to enforce its provisions. International enforcement authority, however, would be limited to officers of the National Oceanic and Atmospheric Administration and the Coast Guard, since it is understood that other parties to the Convention believe that such activities will only be undertaken by National officers. Such officers may be directed to appear in foreign courts to assist in their proceedings if necessary when they have encountered a violation in the course of their international enforcement activities, according to proposed section 7(f). Proposed section 9(c) would make it unlawful to prevent any duly authorized international inspector from boarding a vessel and making his inspection, or to interfere with his activities, conducted pursuant to an enforcement proposal effective for the United States. This is based on a provision of the North Pacific Fisheries Act. Proposed section 10(b) would provide penalties for violating this provision. Such a provision is essential to ensure that individual fishermen do not frustrate international enforcement procedures which are accepted by the United States, although we do not anticipate difficulties in this regard. Section 12 of the North Pacific Fisheries Act incorporates in haec verba sections 7(a) and (b), 9, 10, and 11 of the Northwest Atlantic Fisheries Act. Some of these sections would be amended in accordance with the above proposals. It is deemed desirable not to amend the Northwest Atlantic Fisheries Act with exceptions for the North Pacific Fisheries Act incorporated therein, but to insert the pertinent provisions in the North Pacific Fisheries Act itself, including those provisions of the Northwest Atlantic Fisheries Act applicable to it which are not being amended in order that the North Pacific Fisheries Act may stand alone with appropriate provisions for regulating its fisheries. The changes proposed do not amend the substance of the provisions of the Northwest Atlantic Fisheries Act which are incorporated in the North Pacific Fisheries Act in any way although a few minor modifications of language are proposed to accommodate the changes in the language of the latter Act and to ciarify the provisions relating to violation of court orders. Some renumbering of sections is proposed in order that the provisions may be incorporated in the most appropriate places. Title III of the proposed legislation also suggests procedures for facilitating United States representation on the various international fisheries commissions. United States Commissioners are appointed by the President in accordance with implementing legislation, including the two Acts cited above. At times United States Commissioners may not be present at commission meetings for various reasons, including vacancies, illness, and other obligations during the periods involved. This is especialy true with respect to meetings of committees of the various commissions, which may require technical representation. Other parties to these Conventions are generally represented at all meetings by commissioners, however, because they have a greater tendency to appoint technical commissioners and because they usually do not require presidential level action on appointments. Thus they may designate a commissioner for a single meeting. The proposed legislation would allow the Secretary of State to designate Alternate Commissioners to attend meetings at which he finds the United States would not be represented by the full number of Commissioners to which it is entitled. Such designations would be for the meeting in question only, and would be solely for the purpose of ensuring that the United States has appropriate representation at such meetings without having to seek approval of the President concerning a temporary situation. The President's authority to make permanent appointments of Commissioners would be unimpaired, of course. This authority would extend to all present international fisheries commissions except one, and to any similar bodies which may be established in the future. The one exception is the International Pacific Salmon Fisheries Commission, since the convention which established it provides that Commissioners must be appointed by the President. No other such convention contains such a limitation, and it is believed that the proposed legislation will permit the United States to carry out its obligations under these conventions in a more efficient and satisfactory manner. The 1970 Annual Meeting of the Commission proposed international measures of control in accordance with the Protocol. The measures will take effect on July 1, 1971, having been accepted by all contracting governments. Accordingly, it would be advantageous to the United States if the proposed legislation were enacted prior to that time in order that the United States might best carry out is obligations under the Convention. The Office of Management and Budget advises that there is no objection to the presentation of this draft bill from the standpoint of the Administration's program. Sincerely, DAVID M. ABSHIRE, Assistant Secretary for Congressional Relations. 92D CONGRESS H. R. 8791 IN THE HOUSE OF REPRESENTATIVES JUNE 1, 1971 Mr. FRASER introduced the following bill; which was referred to the Committee on Foreign Affairs A BILL To amend the Northwest Atlantic Fisheries Act of 1950, the North Pacific Fisheries Act of 1954, and for other purposes. 1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, TITLE I-AMENDMENT OF THE NORTHWEST 3 4 5 ATLANTIC FISHERIES ACT OF 1950 SEC. 101. Subsection (a) of section 2 of the Northwest 6 Atlantic Fisheries Act of 1950 is amended by striking out 7 "and amendments including the 1961 declaration of under8 standing and the 1963 protocol, as well as the convention 9 signed at Washington under date of February 8, 1949" and 10 insert in lieu thereof "and any amendments thereto which 11 have entered or may enter into force for the United States I 63-516 071-2 |