U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

49–010 

" ! SENATE 113TH CONGRESS

2d Session 

REPORT

2014

113–315 

Calendar No. 622 

SOUTH PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2484 

DECEMBER 12, 2014.—Ordered to be printed 


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(II) 

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 


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Calendar No. 622 

113TH CONGRESS REPORT " ! SENATE 2d Session 113–315 

SOUTH PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION 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. 2484] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2484) to implement the Convention 

on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean, as adopted at Auckland on November 14, 2009, and for other purposes, having considered the 

same, reports favorably thereon with an amendment (in the nature 

of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of S. 2484 is to implement the Convention on the 

Conservation and Management of the High Seas Fishery Resources 

in the South Pacific Ocean, as adopted at Auckland on November 

14, 2009, and for other purposes. 

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 exerVerDate Sep 11 2014 01:52 Jan 06, 2015 Jkt 049010 PO 00000 Frm 00003 Fmt 6659 Sfmt 6602 E:\HR\OC\SR315.XXX SR315

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1 Resolution 59/25, adopted by the General Assembly on 17 November 2004 (http://daccessdds-ny.un.org/doc/UNDOC/GEN/N04/477/70/PDF/N0447770.pdf?OpenElement). 

cises 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 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. In 

2004, the United Nations General Assembly unanimously adopted 

Resolution 59/25, which calls for nations to cooperate in the establishment of new RFMOs for areas and resources where no such relevant organization or arrangement exists.1 Since that time, a number of new RFMOs have been formed by international agreement. 

All U.S. international fishery enforcement activities are coordinated closely between the U.S. Coast Guard, 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. 

THE SOUTH PACIFIC FISHERIES CONVENTION

In response to growing international concern over the negative 

impact of certain high seas bottom fishing activities, delegations 

from Australia, Chile, and New Zealand met in 2005 to begin negotiations on an agreement to address deep sea fishing practices occurring outside areas of national jurisdiction on sea mounts, hydrothermal vents, deep sea and cold water coral communities, sponge 


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2Other RFMOs, such as the Western and Central Pacific Fisheries Commission and the InterAmerican Tropical Tuna Commission, already coordinate international management of Highly 

Migratory Species, such as tunas, in the North Pacific. 

fields, and other unique and endemic deep-sea marine ecosystems 

collectively referred to as vulnerable marine ecosystems. Soon 

thereafter, a number of other countries and entities, including the 

United States, Belize, China, Denmark (with respect to the Faroe 

Islands), Ecuador, the European Union, Korea, Russia, Peru, several Pacific Island States, and Taiwan (as the fishing entity of Chinese Taipei) joined the negotiations, the scope of which, with U.S. 

encouragement, grew to include not only bottom fisheries but pelagic fish stocks not otherwise subject to international management. These discussions culminated on November 14, 2009, with 

the adoption of the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific 

Ocean (Convention). The Convention established the South Pacific 

Fishery Commission (Commission), through which parties to the 

Convention cooperate to facilitate the long-term and sustainable 

use of fisheries that are not managed under pre-existing international fisheries management instruments2 in the area covered by 

the Convention (Convention Area), which includes areas of the high 

seas closest to the U.S. territory of American Samoa, and immediately adjacent to the U.S. EEZ off a number of U.S. Pacific possessions including Jarvis, Howland and Baker Islands, Kingman 

Reef and Palmyra Atoll, as shown in Figure 1 below. 

The United States played an active and significant role in the development of the Convention and the preparations for its entry into 

force, which occurred on August 24, 2012. The United States signed 

the Convention on January 31, 2011, and the U.S. Senate provided 

its advice and consent in favor of ratification on April 3, 2014. 


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3Senate Executive Report 113–1: Convention on the Conservation and Management of High 

Seas Fishery Resources in the South Pacific Ocean, done at Auckland, New Zealand, November 

14, 2009 (http://www.gpo.gov/fdsys/pkg/CRPT-113erpt2/pdf/CRPT-113erpt2.pdf). 

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.3 U.S. accession to the Convention is vital 

to ensuring that the United States has a strong voice in managing 

fishing activities outside the U.S. EEZ that could have a direct impact on resources within waters under U.S. jurisdiction. Although 

U.S. fishermen do not currently fish within the Convention’s area 

of application, U.S. accession will also ensure that U.S. fisherman 

will have a legitimate right to participate in fisheries within the 

Convention Area on an equitable basis now and in the future. 

Currently, the Convention has 12 contracting parties, and its 

Commission has met twice in January 2013 and January 2014. At 

these meetings, the Commission adopted measures for the management of jack mackerel and bottom fishing. Because the United 

States has not yet formally deposited its instrument of ratification 

with the Commission, it participated in these meetings as an observer, arguably wielding significantly less influence on the Commission’s decisions than if the United States had been a full member. 

SUMMARY OF PROVISIONS

S. 2484, the South Pacific Fisheries Convention Implementation 

Act, would make changes to domestic law necessary to implement 

the Convention. The bill would provide the authority for the President to nominate not more than 3 Commissioners to represent U.S. 

interests at the Commission, as well as establish an advisory panel 

of experts and stakeholders that will inform the Commissioner’s decisions. The Secretary would have primary responsibility for promulgating regulations and developing procedures necessary to 

carry out the purposes and requirements of the Convention and the 

Act, with the Coast Guard and NOAA’s NMFS serving as primary 

enforcement authorities for the requirements of the Act and regulations promulgated thereunder. S. 2484 would further authorize the 

Secretary to conduct fishing operations and experiments for purposes of scientific investigation, issue fishing permits to U.S. vessels to fish in the Convention’s area of jurisdiction, and to request 

and use the services personnel, and equipment of other Federal 

agencies, foreign governments, intergovernmental or international 

organizations, or other agencies for the purposes of the Act. The 

bill would authorize to be appropriated such sums as may be necessary to carry out the Act and to pay the United States’ contribution to the Commission, a requirement for parties to the Convention. 

LEGISLATIVE HISTORY

S. 2484 was introduced by Senator Schatz on June 17, 2014, and 

referred to the Committee on Commerce, Science, and Transportation. On September 17, 2014, the Committee met in open ExecuVerDate Sep 11 2014 01:52 Jan 06, 2015 Jkt 049010 PO 00000 Frm 00006 Fmt 6659 Sfmt 6602 E:\HR\OC\SR315.XXX SR315

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tive Session and, by a voice vote, ordered S. 2484 to be reported 

favorably with an amendment in the nature of a substitute. 

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. 2484—South Pacific Fisheries Convention Implementation Act 

S. 2484 would implement the Convention on the Conservation 

and Management of High Seas Fishery Resources in the South Pacific Ocean (Convention). CBO estimates that implementing the 

legislation would cost less than $500,000 a year over the 2015– 

2019 period, assuming appropriation of the necessary amounts. Because enacting the legislation would not affect direct spending or 

revenues, pay-as-you-go procedures do not apply. 

Under the bill, all parties to the Convention would be required 

to apply specific conservation and management principles and approaches to promote the conservation and sustainable use of fisheries resources located in the South Pacific Ocean between South 

America and Australia. Based on information provided by the National Oceanic and Atmospheric Administration, the U.S. Coast 

Guard, and the Department of State, CBO estimates that carrying 

out the new Convention would cost less than $500,000 a year over 

the 2015–2019 period. Those funds would be used to cover costs for 

annual dues, staff time, travel, and programmatic activities. 

CBO has not reviewed S. 2484 for intergovernmental or privatesector 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 South Pacific 

Fisheries Convention. 

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, 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. 2484 as reported does not create any new programs or impose 

any new regulatory requirements, and therefore will not subject 

any individuals or businesses to new regulations. 

ECONOMIC IMPACT

Enactment of S. 2484 is not expected to have any inflationary or 

adverse impact on the Nation’s economy. 


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PRIVACY

S. 2484 will not impact the personal privacy of individuals. 

PAPERWORK

S. 2484 will 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. 

This section would provide that this Act may be cited as the 

‘‘South Pacific Fisheries Convention Implementation Act’’. 

Section 2. Definitions. 

This section would define the following terms: ‘‘Advisory Committee;’’ ‘‘Commission;’’ ‘‘Commissioner;’’ ‘‘Convention Area;’’ ‘‘Council;’’ ‘‘Exclusive Economic Zone;’’ ‘‘fishery resources;’’ ‘‘fishing;’’ ‘‘fishing vessel;’’ ‘‘panel;’’ ‘‘person;’’ ‘‘Secretary;’’ ‘‘South Pacific Fisheries 

Convention;’’ ‘‘State;’’ ‘‘straddling stock;’’ ‘‘transshipment;’’ and 

‘‘1982 Convention.’’ 

Section 3. Appointment of United States commissioners. 

This section would authorize the President to nominate not more 

than 3 Commissioners to represent the United States on the Convention’s governing Commission. It would require that individuals 

appointed as Commissioners be knowledgeable or experienced concerning the fisheries resources in the South Pacific Ocean. 

Subsections (b) and (c) of this section would authorize the Secretary of State, in consultation with the Secretary of Commerce, to 

designate an alternate Commissioner when considered appropriate, 

and would specify certain details regarding Commissioners’ and alternate Commissioners’ employment status, compensation, and 

travel expenses. 

Subsection (d) of this section would authorize an Advisory Committee and would establish its composition, status, terms, and responsibilities. Subsection (e) of this section would provide for the 

development of a memorandum of understanding among the Secretary of Commerce, the Secretary of State, and the Western Pacific Regional Fishery Management Council, setting forth a clear 

understanding of the role of the Council in international fishery 

management discussions relating to stocks under Council jurisdiction, as well as with respect to development of domestic fishing regulations for such stocks that are consistent with international management actions. 

Section 4. Authority and responsibility of the Secretary of State. 

This section would authorize the Secretary of State, in consultation with the Secretary of Commerce, to approve or disapprove acts 


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of the Commission and act on them either directly or by referral 

to the appropriate authority. 

Section 5. Authority of the Secretary of Commerce. 

This section would authorize the Secretary of Commerce, in consultation with the Secretary of State and the Secretary of the department in which the Coast Guard is operating, to implement and 

enforce the provisions of this Act. Consistent with practice in other 

regions of the country, implementation of any discretionary provisions of the Convention relating to stocks under Council jurisdiction could be made, to the extent practicable and within necessary 

timelines, under procedures used in the MSA. Such regulations 

would be applicable only to a person, a fishing vessel, or fisheries 

resources covered by the Convention or this Act. This section also 

would provide for judicial review of any regulations promulgated 

under this Act. 

Section 6. Enforcement. 

This section would authorize the Secretary of Commerce and the 

Secretary of the department in which the Coast Guard is operating 

to administer and enforce this Act and any regulations issued 

under this Act, except to the extent otherwise provided for in the 

MSA. It would authorize the Secretary of Commerce and the Secretary of the department in which the Coast Guard is operating to 

request and utilize on a reimbursed or non-reimbursed basis the 

assistance, services, personal, equipment, and facilities of other 

Federal departments and agencies (e.g., the Department of State) 

in the administration and enforcement of this Act. 

Subsection (b) of this section would provide that all violations of 

the Act shall be prosecuted in the same manner, by the same 

means, and with the same powers provided to the Secretary of 

Commerce under the MSA. Any person that violates any provision 

of this Act would be subject to the penalties and entitled to the 

privileges and immunities provided in the MSA. 

Subsection (c) of this section would designate the district courts 

of the United States as having exclusive jurisdiction over any case 

or controversy arising under the provisions of this Act, notwithstanding section 311(d) of the MSA (16 U.S.C. 1861(d)). In the case 

of Hawaii or any possession of the United States in the Pacific 

Ocean, the appropriate court is the United States District Court for 

the District of Hawaii, except that in the case of Guam and Wake 

Islands, and in the case of the Northern Mariana Islands, the appropriate courts are the United States District Courts for the District of Guam and the Northern Mariana Islands, respectively. 

These provisions would address a long-standing problem in vessel 

forfeiture cases where seized vessels have had to be escorted longer 

distances than would otherwise be necessary due to the venue provisions in the MSA. 

Subsection (d) of this section would provide that any information 

submitted to the Secretary of Commerce as required under this Act 

shall be confidential and may not be disclosed, except: (1) to a Federal employee who is responsible for administering, implementing, 

and enforcing this Act; (2) to the Commission, in accordance with 

requirements in the Convention and decisions of the Commission, 

and, insofar as possible, in accordance with an agreement with the 


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Commission that prevents public disclosure of the identity or business of any person; (3) to State or Marine Fisheries Commission 

employees pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business or person; (4) 

when required by court order; or (5) when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason 

not otherwise provided for, and such release does not violate other 

requirements of this Act. This section would provide an exception 

to the aforementioned confidentiality and disclosure requirements 

should the information be released in any aggregate or summary 

form that does not directly or indirectly disclose the identity or 

business of any person. Any information submitted to the Secretary 

under this Act would be available for use for conservation and 

management purposes. 

Section 7. Prohibited acts. 

This section would make it unlawful for any person to: (1) violate 

any provision of this Act or any regulation or permit issued pursuant to this Act; (2) use any fishing vessel to engage in fishing activities after the revocation, or during the period of suspension, on 

an applicable permit issued pursuant to this Act; (3) refuse to permit any officer authorized to enforce the provisions of this Act to 

board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, 

or the Convention; (4) assault, resist, oppose, impede, intimidate, 

or interfere with any such authorized officer in the conduct of any 

search, investigation, or inspection in connection with the enforcement of this Act or any regulation, permit, or the Convention; (5) 

resist a lawful arrest for any act prohibited by this Act; (6) knowingly and willfully ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any fisheries 

resources taken or retained in violation of this Act or any related 

regulation, permit, or agreement; (7) interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, 

knowing that such other person has committed any act prohibited 

by this section; (8) knowingly and willfully submit to the Secretary 

false information (including false information regarding the capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery 

that will be harvested by fishing vessels of the United States), regarding any matter that the Secretary is considering in the course 

of carrying out this Act; (9) assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a 

vessel under this Act, or any data collector employed or under contract to any person to carry out responsibilities under this Act; (10) 

engage in fishing activities in violation of any regulation adopted 

pursuant to this Act; (11) knowingly and willfully ship, transport, 

purchase, sell, offer for sale, import, export, or have in custody, 

possession, or control any fisheries resources taken or retained in 

violation of such regulations; (12) fail to make, keep, or furnish any 

catch returns, statistical records, or other reports required by regulations adopted pursuant to this Act to be made, kept, or furnished; 

(13) fail to stop a vessel upon being hailed and instructed to stop 


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by a duly authorized official of the United States; (14) import, in 

violation of any regulation adopted pursuant to this Act, any fisheries resources in any form of those species subject to regulation 

pursuant to a recommendation, resolution, or decision of the Commission, or any fisheries resources in any form not under regulation but under investigation by the Commission, during the period 

such fisheries resources have been denied entry in accordance with 

the provisions of this Act; (15) make or submit any false record, account, or label for, or any false identification of, fisheries resources 

in or intended for interstate or foreign commerce; or (16) refuse to 

authorize and accept boarding by a duly authorized inspector of 

fishing vessels in the Convention Area. 

Section 8. Cooperation in carrying out Convention. 

This section would authorize the Secretary of Commerce to cooperate with any Federal, State, or private institution or organization within the United States or abroad, and, through the Secretary of State, a duly authorized official of the government of any 

party to the Convention, in carrying out responsibilities under this 

Act. Subsection (b) of this section would authorize any Federal 

agency, upon the request of the Secretary of Commerce, to cooperate in the conduct of scientific and other programs and to furnish 

facilities and personal for the purpose of carrying out this Act or 

obligations under the Convention. Subsection (c) of this section 

would clarify that nothing in this Act prevents the Secretary of 

Commerce or the Commission from conducting or authorizing fishing operation and biological experiences for the purpose of scientific 

investigation or discharging any other duties prescribed by the 

Convention. Subsection (d) of this section would provide that nothing in this Act shall be construed to diminish or increase the jurisdiction of any State in the territorial sea of the United States. 

Section 9. Territorial participation. 

This section would direct the Secretary of State to ensure participation by American Samoa, Guam, and the Commonwealth of the 

Northern Mariana Islands to the same extent provided to the territories of other nations. 

Section 10. Exclusive Economic Zone notification. 

This section would require foreign commercial fishing vessels 

fishing under the management authority of the Convention that do 

not carry vessel monitoring systems capable of communicating with 

U.S. enforcement authorities, prior to or as soon as reasonably possible after entering and transiting the U.S. EEZ bounding the Convention Area, to: (1) notify the Coast Guard of the name, flag state, 

location, route, and destination of the vessel and of the circumstances under which it will enter U.S. waters; (2) ensure that 

all fishing gear onboard the vessel is stowed below deck or otherwise removed from the place it is normally used for fishing and 

placed where it is not readily available for fishing; and (3) if requested by an enforcement officer, proceed to a specified location so 

that a vessel inspection can be conducted. 


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Section 11. Authorization of appropriations. 

This section would authorize to be appropriated to the Secretary 

of Commerce and the Secretary of State such sums as may be necessary to carry out this Act and to pay for the United States’ contribution to the Commission under Article 15 of the Convention. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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