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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4576 Introduced in House (IH)]

<DOC>

114th CONGRESS
  2d Session
                                H. R. 4576

To implement the Convention on the Conservation and Management of High 
 Seas Fisheries Resources in the North Pacific Ocean, to implement the 
  Convention on the Conservation and Management of High Seas Fishery 
     Resources in the South Pacific Ocean, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           February 12, 2016

  Mrs. Radewagen (for herself and Mr. Young of Alaska) introduced the 
    following bill; which was referred to the Committee on Natural 
                               Resources

_______________________________________________________________________

                                 A BILL

 
To implement the Convention on the Conservation and Management of High 
 Seas Fisheries Resources in the North Pacific Ocean, to implement the 
  Convention on the Conservation and Management of High Seas Fishery 
     Resources in the South Pacific Ocean, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Ensuring Access to Pacific Fisheries 
Act''.

       TITLE I--NORTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION

SEC. 101. DEFINITIONS.

    In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee established under section 102(d).
            (2) Commission.--The term ``Commission'' means the North 
        Pacific Fisheries Commission established in accordance with the 
        North Pacific Fisheries Convention.
            (3) Commissioner.--The term ``Commissioner'' means a United 
        States Commissioner appointed under section 102(a).
            (4) Convention area.--The term ``Convention Area'' means 
        the area to which the Convention on the Conservation and 
        Management of High Seas Fisheries Resources in the North 
        Pacific Ocean applies under Article 4 of such Convention.
            (5) Council.--The term ``Council'' means the North Pacific 
        Fishery Management Council, the Pacific Fishery Management 
        Council, or the Western Pacific Fishery Management Council 
        established under section 302 of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1852), as the 
        context requires.
            (6) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means--
                    (A) with respect to the United States, the zone 
                established by Presidential Proclamation Numbered 5030 
                of March 10, 1983 (16 U.S.C. 1453 note); and
                    (B) with respect to a foreign country, a designated 
                zone similar to the zone referred to in subparagraph 
                (A) for that country.
            (7) Fisheries resources.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the term ``fisheries resources'' means all fish, 
                mollusks, crustaceans, and other marine species caught 
                by a fishing vessel within the Convention Area.
                    (B) Exclusions.--The term ``fisheries resources'' 
                does not include--
                            (i) sedentary species insofar as they are 
                        subject to the sovereign rights of coastal 
                        nations consistent with Article 77, paragraph 4 
                        of the 1982 Convention and indicator species of 
                        vulnerable marine ecosystems as listed in, or 
                        adopted pursuant to, Article 13, paragraph 5 of 
                        the North Pacific Fisheries Convention;
                            (ii) catadromous species;
                            (iii) marine mammals, marine reptiles, or 
                        seabirds; or
                            (iv) other marine species already covered 
                        by preexisting international fisheries 
                        management instruments within the area of 
                        competence of such instruments.
            (8) Fishing activities.--
                    (A) In general.--The term ``fishing activities'' 
                means--
                            (i) the actual or attempted searching for, 
                        catching, taking, or harvesting of fisheries 
                        resources;
                            (ii) engaging in any activity that can 
                        reasonably be expected to result in the 
                        locating, catching, taking, or harvesting of 
                        fisheries resources for any purpose;
                            (iii) the processing of fisheries resources 
                        at sea;
                            (iv) the transshipment of fisheries 
                        resources at sea or in port; or
                            (v) any operation at sea in direct support 
                        of, or in preparation for, any activity 
                        described in clauses (i) through (iv), 
                        including transshipment.
                    (B) Exclusions.--The term ``fishing activities'' 
                does not include any operation related to an emergency 
                involving the health or safety of a crew member or the 
                safety of a fishing vessel.
            (9) Fishing vessel.--The term ``fishing vessel'' means any 
        vessel used or intended for use for the purpose of engaging in 
        fishing activities, including a processing vessel, a support 
        ship, a carrier vessel, or any other vessel directly engaged in 
        such fishing activities.
            (10) High seas.--The term ``high seas'' does not include an 
        area that is within the exclusive economic zone of the United 
        States or of any other country.
            (11) North pacific fisheries convention.--The term ``North 
        Pacific Fisheries Convention'' means the Convention on the 
        Conservation and Management of the High Seas Fisheries 
        Resources in the North Pacific Ocean (including any annexes, 
        amendments, or protocols that are in force, or have come into 
        force) for the United States, which was adopted at Tokyo on 
        February 24, 2012.
            (12) Person.--The term ``person'' means--
                    (A) any individual, whether or not a citizen or 
                national of the United States;
                    (B) any corporation, partnership, association, or 
                other entity, whether or not organized or existing 
                under the laws of any State; or
                    (C) any Federal, State, local, tribal, or foreign 
                government or any entity of such government.
            (13) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Commerce.
            (14) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, and any other commonwealth, territory, or possession of 
        the United States.
            (15) Straddling stock.--The term ``straddling stock'' means 
        a stock of fisheries resources that migrates between, or occurs 
        in, the economic exclusion zone of one or more parties to the 
        Convention and the Convention Area.
            (16) Transshipment.--The term ``transshipment'' means the 
        unloading of any fisheries resources taken in the Convention 
        Area from one fishing vessel to another fishing vessel either 
        at sea or in port.
            (17) 1982 convention.--The term ``1982 Convention'' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.

SEC. 102. UNITED STATES PARTICIPATION IN THE NORTH PACIFIC FISHERIES 
              CONVENTION.

    (a) United States Commissioners.--
            (1) Number of commissioners.--The United States shall be 
        represented on the Commission by 5 United States Commissioners.
            (2) Selection of commissioners.--The Commissioners shall be 
        as follows:
                    (A) Appointment by the president.--
                            (i) In general.--Two of the Commissioners 
                        shall be appointed by the President and shall 
                        be an officer or employee of--
                                    (I) the Department of Commerce;
                                    (II) the Department of State; or
                                    (III) the Coast Guard.
                            (ii) Selection criteria.--In making each 
                        appointment under clause (i), the President 
                        shall select a Commissioner from among 
                        individuals who are knowledgeable or 
                        experienced concerning fisheries resources in 
                        the North Pacific Ocean.
                    (B) North pacific fishery management council.--One 
                Commissioner shall be the chairman of the North Pacific 
                Fishery Management Council or a designee of such 
                chairman.
                    (C) Pacific fishery management council.--One 
                Commissioner shall be the chairman of the Pacific 
                Fishery Management Council or a designee of such 
                chairperson.
                    (D) Western pacific fishery management council.--
                One Commissioner shall be the chairman of the Western 
                Pacific Fishery Management Council or a designee of 
                such chairperson.
    (b) Alternate Commissioners.--In the event of a vacancy in a 
position as a Commissioner appointed under subsection (a), the 
Secretary of State, in consultation with the Secretary, may designate 
from time to time and for periods of time considered appropriate an 
alternate Commissioner to the Commission. An alternate Commissioner may 
exercise all powers and duties of a Commissioner in the absence of a 
Commissioner appointed under subsection (a), and shall serve the 
remainder of the term of the absent Commissioner for which designated.
    (c) Administrative Matters.--
            (1) Employment status.--An individual serving as a 
        Commissioner, or an alternative Commissioner, other than an 
        officer or employee of the United States Government, shall not 
        be considered a Federal employee, except for the purposes of 
        injury compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 171 of 
        title 28, United States Code.
            (2) Compensation.--An individual serving as a Commissioner 
        or an alternate Commissioner, although an officer of the United 
        States while so serving, shall receive no compensation for the 
        individual's services as such Commissioner or alternate 
        Commissioner.
            (3) Travel expenses.--
                    (A) In general.--The Secretary of State shall pay 
                the necessary travel expenses of a Commissioner or an 
                alternate Commissioner in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 5704 
                through 5708, and 5731 of title 5, United States Code.
                    (B) Reimbursement.--The Secretary may reimburse the 
                Secretary of State for amounts expended by the 
                Secretary of State under this paragraph.
    (d) Advisory Committee.--
            (1) Establishment of permanent advisory committee.--
                    (A) Membership.--There is established an advisory 
                committee which shall be composed of 11 members 
                appointed by the Secretary, including--
                            (i) a member engaging in commercial fishing 
                        activities in the management area of the North 
                        Pacific Fishery Management Council;
                            (ii) a member engaging in commercial 
                        fishing activities in the management area of 
                        the Pacific Fishery Management Council;
                            (iii) a member engaging in commercial 
                        fishing activities in the management area of 
                        the Western Pacific Fishery Management Council;
                            (iv) 3 members from the indigenous 
                        population of the North Pacific including an 
                        Alaska Native, a Native Hawaiian, or a native-
                        born inhabitant of any State of the United 
                        States in the Pacific, and an individual from a 
                        Pacific Coast tribe;
                            (v) a member that is a marine fisheries 
                        scientist that is a resident of a State the 
                        adjacent exclusive economic zone for which is 
                        bounded by the Convention Area;
                            (vi) a member nominated by the Governor of 
                        the State of Alaska;
                            (vii) a member nominated by the Governor of 
                        the State of Hawaii; and
                            (viii) a member nominated by the Governor 
                        of the State of Washington.
                    (B) Terms and privileges.--Each member of the 
                Advisory Committee shall serve for a term of 2 years 
                and shall be eligible for reappointment, except an 
                individual may not be appointed to more than 3 terms. 
                The Commissioners shall notify the Advisory Committee 
                in advance of each meeting of the Commissioners. The 
                Advisory Committee shall attend each such meeting and 
                shall examine and be heard on all proposed programs, 
                investigations, reports, and recommendations of the 
                Commissioners.
                    (C) Procedures.--
                            (i) In general.--The Advisory Committee 
                        shall determine its organization and prescribe 
                        its practices and procedures for carrying out 
                        its functions under this title, the North 
                        Pacific Fisheries Convention, and the Magnuson-
                        Stevens Fishery Conservation and Management Act 
                        (16 U.S.C. 1801 et seq.).
                            (ii) Public availability of procedures.--
                        The Advisory Committee shall publish and make 
                        available to the public a statement of its 
                        organization, practices, and procedures.
                            (iii) Quorum.--A majority of the members of 
                        the Advisory Committee shall constitute a 
                        quorum to conduct business.
                            (iv) Public meetings.--Meetings of the 
                        Advisory Committee, except when in executive 
                        session, shall be open to the public. Prior 
                        notice of each nonexecutive meeting shall be 
                        made public in a timely fashion. The Advisory 
                        Committee shall not be subject to the Federal 
                        Advisory Committee Act (5 U.S.C. App.).
                    (D) Provision of information.--The Secretary and 
                the Secretary of State shall furnish the Advisory 
                Committee with relevant information concerning 
                fisheries resources and international fishery 
                agreements.
            (2) Administrative matters.--
                    (A) Support services.--The Secretary shall provide 
                to the Advisory Committee in a timely manner such 
                administrative and technical support services as are 
                necessary to function effectively.
                    (B) Compensation; status.--An individual appointed 
                to serve as a member of the Advisory Committee--
                            (i) shall serve without pay; and
                            (ii) shall not be considered a Federal 
                        employee, except for the purposes of injury 
                        compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.
                    (C) Travel expenses.--
                            (i) In general.--The Secretary of State 
                        shall pay the necessary travel expenses of 
                        members of the Advisory Committee in carrying 
                        out the duties of the Advisory Committee in 
                        accordance with the Federal Travel Regulations 
                        and sections 5701, 5702, 5704 through 5708, and 
                        5731 of title 5, United States Code.
                            (ii) Reimbursement.--The Secretary may 
                        reimburse the Secretary of State for amounts 
                        expended by the Secretary of State under this 
                        subparagraph.
    (e) United States Participation.--In instances in which the United 
States is participating in any meeting of the parties to the North 
Pacific Fisheries Convention, the United States shall be represented by 
the Commissioners and the Advisory Committee.

SEC. 103. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.

    The Secretary of State may--
            (1) receive and transmit, on behalf of the United States, 
        reports, requests, recommendations, proposals, decisions, and 
        other communications of and to the Commission;
            (2) in consultation with the Secretary, approve, 
        disapprove, object to, or withdraw objections to bylaws and 
        rules, or amendments thereof, adopted by the Commission;
            (3) with the concurrence of the Secretary, approve or 
        disapprove the general annual program of the Commission with 
        respect to conservation and management measures and other 
        measures proposed or adopted in accordance with the North 
        Pacific Fisheries Convention; and
            (4) act upon, or refer to other appropriate authority, any 
        communication under paragraph (1).

SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE.

    (a) Promulgation of Regulations.--
            (1) Authority.--The Secretary, in consultation with the 
        Secretary of State and, with respect to enforcement measures, 
        the Secretary of the department in which the Coast Guard is 
        operating, may promulgate such regulations as may be necessary 
        to carry out the United States international obligations under 
        the North Pacific Fisheries Convention and this title, 
        including recommendations and decisions adopted by the 
        Commission.
            (2) Regulations of straddling stocks.--In the 
        implementation of a measure adopted by the Commission that 
        would govern a straddling stock under the authority of a 
        Council, any regulation promulgated by the Secretary to 
        implement such measure shall be approved by such Council.
    (b) Rule of Construction.--Regulations promulgated under subsection 
(a) shall be applicable only to a person or a fishing vessel that is or 
has engaged in fishing activities, or fisheries resources covered by 
the North Pacific Fisheries Convention under this title.
    (c) Additional Authority.--The Secretary may conduct, and may 
request and utilize on a reimbursed or nonreimbursed basis the 
assistance, services, personnel, equipment, and facilities of other 
Federal departments and agencies in--
            (1) scientific, research, and other programs under this 
        title;
            (2) fishing operations and biological experiments for 
        purposes of scientific investigation or other purposes 
        necessary to implement the North Pacific Fisheries Convention;
            (3) the collection, utilization, and disclosure of such 
        information as may be necessary to implement the North Pacific 
        Fisheries Convention, subject to sections 552 and 552a of title 
        5, United States Code, and section 402(b) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881a(b)); and
            (4) the issuance of permits to owners and operators of 
        United States vessels to engage in fishing activities in the 
        Convention Area seaward of the exclusive economic zone of the 
        United States, under such terms and conditions as the Secretary 
        may prescribe, including the period of time that a permit is 
        valid.
    (d) Consistency With Other Laws.--The Secretary shall ensure the 
consistency, to the extent practicable, of fishery management programs 
administered under this title, the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna 
Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna 
Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law 108-219 
(16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the Western 
and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 
6901 et seq.), the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (Public Law 102-567) and the amendments made 
by that Act, and Public Law 100-629 (102 Stat. 3286).
    (e) Judicial Review of Regulations.--
            (1) In general.--Regulations promulgated by the Secretary 
        under this title shall be subject to judicial review to the 
        extent authorized by, and in accordance with, chapter 7 of 
        title 5, United States Code, if a petition for such review is 
        filed not later than 30 days after the date on which the 
        regulations are promulgated.
            (2) Responses.--Notwithstanding any other provision of law, 
        the Secretary shall file a response to any petition filed in 
        accordance with paragraph (1), not later than 30 days after the 
        date the Secretary is served with that petition, except that 
        the appropriate court may extend the period for filing such a 
        response upon a showing by the Secretary of good cause for that 
        extension.
            (3) Copies of administrative record.--A response of the 
        Secretary under paragraph (2) shall include a copy of the 
        administrative record for the regulations that are the subject 
        of the petition.
            (4) Expedited hearings.--Upon a motion by the person who 
        files a petition under this subsection, the appropriate court 
        shall assign the matter for hearing at the earliest possible 
        date.

SEC. 105. ENFORCEMENT.

    (a) In General.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating--
            (1) shall administer and enforce this title and any 
        regulations issued under this title, except to the extent 
        otherwise provided for in the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.); and
            (2) may request and utilize on a reimbursed or 
        nonreimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments and 
        agencies in the administration and enforcement of this title.
    (b) Secretarial Actions.--Except as provided under subsection (c), 
the Secretary and the Secretary of the department in which the Coast 
Guard is operating shall prevent any person from violating this title 
with respect to fishing activities or the conservation of fisheries 
resources in the Convention Area in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though sections 
308 through 311 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated 
into and made a part of this title. Any person that violates this title 
is subject to the penalties and entitled to the privileges and 
immunities provided in the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) in the same manner, by the same 
means, and with the same jurisdiction, power, and duties as though 
sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 1860, and 
1861) were incorporated into and made a part of this title.
    (c) Jurisdiction of the Courts.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        district courts of the United States shall have exclusive 
        jurisdiction over any case or controversy arising under this 
        title, and any such court may at any time--
                    (A) enter restraining orders or prohibitions;
                    (B) issue warrants, process in rem, or other 
                process;
                    (C) prescribe and accept satisfactory bonds or 
                other security; and
                    (D) take such other actions as are in the interest 
                of justice.
            (2) Hawaii and pacific insular areas.--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--
                    (A) in the case of Guam and Wake Island, the 
                appropriate court is the United States District Court 
                for the District of Guam; and
                    (B) in the case of the Northern Mariana Islands, 
                the appropriate court is the United States District 
                Court for the District of the Northern Mariana Islands.
            (3) Construction.--Each violation shall be a separate 
        offense and the offense is deemed to have been committed not 
        only in the district where the violation first occurred, but 
        also in any other district authorized by law. Any offense not 
        committed in any district is subject to the venue provisions of 
        section 3238 of title 18, United States Code.
    (d) Confidentiality.--
            (1) In general.--Any information submitted to the Secretary 
        in compliance with any requirement under this title shall be 
        confidential and may not be disclosed, except--
                    (A) to a Federal employee who is responsible for 
                administering, implementing, or enforcing this title;
                    (B) to the Commission, in accordance with 
                requirements in the North Pacific Fisheries Convention 
                and decisions of the Commission, and, insofar as 
                possible, in accordance with an agreement with the 
                Commission that prevents public disclosure of the 
                identity or business of any person;
                    (C) to State, Council, or marine fisheries 
                commission employees pursuant to an agreement with the 
                Secretary that prevents public disclosure of the 
                identity or business of any person;
                    (D) when required by court order; or
                    (E) 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 in this 
                paragraph, and such release does not violate other 
                requirements of this title.
            (2) Use of information.--
                    (A) In general.--Except as provided in subparagraph 
                (B), the Secretary shall promulgate regulations 
                regarding the procedures the Secretary considers 
                necessary to preserve the confidentiality of 
                information submitted under this title.
                    (B) Exception.--The Secretary may release or make 
                public information submitted under this title if the 
                information is in any aggregate or summary form that 
                does not directly or indirectly disclose the identity 
                or business of any person.
            (3) Rule of construction.--Nothing in this subsection shall 
        be interpreted or construed to prevent the use for conservation 
        and management purposes by the Secretary of any information 
        submitted under this title.

SEC. 106. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate this title or any regulation or permit 
        issued under this title;
            (2) to use any fishing vessel to engage in fishing 
        activities without, or after the revocation or during the 
        period of suspension of, an applicable permit issued pursuant 
        to this title;
            (3) to refuse to permit any officer authorized to enforce 
        this title 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 title or any regulation, permit, or the North Pacific 
        Fisheries Convention;
            (4) to 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 title or any regulation, permit, or the 
        North Pacific Fisheries Convention;
            (5) to resist a lawful arrest for any act prohibited by 
        this title or any regulation promulgated or permit issued under 
        this title;
            (6) to 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 title or any regulation or permit referred to 
        in paragraph (1) or (2);
            (7) to 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) to 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 title;
            (9) to assault, resist, oppose, impede, intimidate, 
        sexually harass, bribe, or interfere with any observer on a 
        vessel under this title, or any data collector employed by or 
        under contract to any person to carry out responsibilities 
        under this title;
            (10) to engage in fishing activities in violation of any 
        regulation adopted pursuant to this title;
            (11) to knowingly and willfully ship, transport, purchase, 
        sell, offer for sale, import, export, or have in their custody, 
        possession, or control any fisheries resources taken or 
        retained in violation of such regulations;
            (12) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports required by regulations 
        adopted pursuant to this title to be made, kept, or furnished;
            (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States;
            (14) to import, in violation of any regulation adopted 
        pursuant to this title, 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 
        this title;
            (15) to make or submit any false record, account, or label 
        for, or any false identification of, any fisheries resources 
        that have been, or are intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce; or
            (16) to refuse to authorize and accept boarding by a duly 
        authorized inspector pursuant to procedures adopted by the 
        Commission for the boarding and inspection of fishing vessels 
        in the Convention Area.

SEC. 107. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with any Federal agency, 
any public 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 North Pacific 
Fisheries Convention, in carrying out responsibilities under this 
title.
    (b) Scientific and Other Programs; Facilities and Personnel.--Each 
Federal agency may, upon the request of the Secretary, cooperate in the 
conduct of scientific and other programs and furnish facilities and 
personnel for the purpose of assisting the Commission in carrying out 
its duties under the North Pacific Fisheries Convention.
    (c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this title, or in the laws of any State, prevents the 
Secretary or the Commission from--
            (1) conducting or authorizing the conduct of fishing 
        operations and biological experiments at any time for purposes 
        of scientific investigation; or
            (2) discharging any other duties prescribed by the North 
        Pacific Fisheries Convention.
    (d) State Jurisdiction Not Affected.--Nothing in this title shall 
be construed to diminish or to increase the jurisdiction of any State 
in the territorial sea of the United States.

SEC. 108. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by the Commonwealth of the Northern Mariana 
Islands, American Samoa, and Guam to the same extent provided to the 
territories of other nations.

SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of countries fishing under 
the management authority of the North Pacific Fisheries Convention that 
do not carry vessel monitoring systems capable of communicating with 
United States enforcement authorities shall, prior to or as soon as 
reasonably possible after, entering and transiting the exclusive 
economic zone bounded by the Convention Area--
            (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 United States waters;
            (2) ensure that all fishing gear on board the vessel is 
        stowed below deck or otherwise removed from the place it is 
        normally used for fishing activities and placed where it is not 
        readily available for fishing activities; and
            (3) if requested by an enforcement officer, proceed to a 
        specified location so that a vessel inspection can be 
        conducted.

  TITLE II--IMPLEMENTATION OF THE CONVENTION ON THE CONSERVATION AND 
  MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC OCEAN

SEC. 201. DEFINITIONS.

    In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee established under section 202(d).
            (2) 1982 convention.--The term ``1982 Convention'' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.
            (3) Commission.--The term ``Commission'' means the 
        Commission of the South Pacific Regional Fisheries Management 
        Organization established in accordance with the South Pacific 
        Fishery Resources Convention.
            (4) Convention area.--The term ``Convention Area'' means 
        the area to which the Convention on the Conservation and 
        Management of High Seas Fisheries Resources in the South 
        Pacific Ocean applies under Article 5 of such Convention.
            (5) Council.--The term ``Council'' means the Western 
        Pacific Regional Fishery Management Council.
            (6) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means--
                    (A) with respect to the United States, the zone 
                established by Presidential Proclamation Numbered 5030 
                of March 10, 1983 (16 U.S.C. 1453 note); and
                    (B) with respect to a foreign country, a designated 
                zone similar to the zone referred to in subparagraph 
                (A) for that country.
            (7) Fisheries resources.--The term ``fisheries resources'' 
        means all fish within the Convention Area, including mollusks, 
        crustaceans, and other living marine resources as may be 
        decided by the Commission, but excluding--
                    (A) sedentary species insofar as they are subject 
                to the national jurisdiction of coastal States pursuant 
                to Article 77 paragraph 4 of the 1982 Convention;
                    (B) highly migratory species listed in Annex I of 
                the 1982 Convention;
                    (C) anadromous and catadromous species; and
                    (D) marine mammals, marine reptiles and sea birds.
            (8) Fishing.--The term ``fishing''--
                    (A) except as provided in subparagraph (B), means--
                            (i) the actual or attempted searching for, 
                        catching, taking, or harvesting of fishery 
                        resources;
                            (ii) engaging in any activity that can 
                        reasonably be expected to result in the 
                        locating, catching, taking or harvesting of 
                        fisheries resources for any purpose;
                            (iii) transshipment and any operation at 
                        sea, in support of, or in preparation for, any 
                        activity described in this subparagraph; and
                            (iv) the use of any vessel, vehicle, 
                        aircraft, or hovercraft in relation to any 
                        activity described in this subparagraph; and
                    (B) does not include any operation related to 
                emergencies involving the health and safety of crew 
                members or the safety of a fishing vessel.
            (9) Fishing vessel.--The term ``fishing vessel'' means any 
        vessel used or intended to be used for fishing, including any 
        support ship, carrier vessel, or any other vessel directly 
        engaged in fishing operations.
            (10) Person.--The term ``person'' means any individual 
        (whether or not a citizen or national of the United States); 
        any corporation, partnership, association, or other entity 
        (whether or not organized or existing under the laws of any 
        State); and any Federal, State, local, or foreign government or 
        any entity of any such government.
            (11) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (12) South pacific fishery resources convention.--The term 
        ``South Pacific Fishery Resources Convention'' means the 
        Convention on the Conservation and Management of the High Seas 
        Fishery Resources in the South Pacific Ocean (including any 
        annexes, amendments, or protocols that are in force, or have 
        come into force, for the United States), which was adopted at 
        Auckland, New Zealand, on November 14, 2009, by the 
        International Consultations on the Proposed South Pacific 
        Regional Fisheries Management Organization.
            (13) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, the 
        Commonwealth of the Northern Mariana Islands, American Samoa, 
        Guam, and any other commonwealth, territory, or possession of 
        the United States.

SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED STATES COMMISSIONERS.

    (a) Appointment.--
            (1) In general.--The United States shall be represented on 
        the Commission by not more than 3 Commissioners. In making each 
        appointment, the President shall select a Commissioner from 
        among individuals who are knowledgeable or experienced 
        concerning fishery resources in the South Pacific Ocean.
            (2) Representation.--At least one of the Commissioners 
        shall be--
                    (A) serving at the pleasure of the President, an 
                officer or employee of--
                            (i) the Department of Commerce;
                            (ii) the Department of State; or
                            (iii) the Coast Guard; and
                    (B) the chairperson or designee of the Council.
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time considered appropriate an alternate Commissioner to 
the Commission. An alternate Commissioner may exercise all powers and 
duties of a Commissioner in the absence of a Commissioner appointed 
under subsection (a).
    (c) Administrative Matters.--
            (1) Employment status.--An individual serving as a 
        Commissioner, or as an alternate Commissioner, other than an 
        officer or employee of the United States Government, shall not 
        be considered a Federal employee, except for the purposes of 
        injury compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 171 of 
        title 28, United States Code.
            (2) Compensation.--An individual serving as a Commissioner 
        or an alternate Commissioner, although an officer of the United 
        States while so serving, shall receive no compensation for the 
        individual's services as such Commissioner or alternate 
        Commissioner.
            (3) Travel expenses.--
                    (A) In general.--The Secretary of State shall pay 
                the necessary travel expenses of a Commissioner or an 
                alternate Commissioner in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 5704 
                through 5708, and 5731 of title 5, United States Code.
                    (B) Reimbursement.--The Secretary may reimburse the 
                Secretary of State for amounts expended by the 
                Secretary of State under this paragraph.
    (d) Advisory Committee.--
            (1) Establishment of permanent advisory committee.--
                    (A) Membership.--There is established an advisory 
                committee that shall be composed of 6 members appointed 
                by the Secretary, including--
                            (i) a member engaging in commercial fishing 
                        in the management area of the Council;
                            (ii) 2 members from the indigenous 
                        population of the Pacific, including a Native 
                        American Samoan;
                            (iii) a member that is a marine fisheries 
                        scientist and a member of the Council's 
                        Scientific and Statistical Committee;
                            (iv) a member nominated by the Governor of 
                        the State of Hawaii; and
                            (v) a member designated by the Council.
                    (B) Terms and privileges.--Each member of the 
                Advisory Committee shall serve for a term of 2 years 
                and shall be eligible for reappointment, except an 
                individual may not be appointed to more than 3 terms. 
                The Commissioners shall notify the Advisory Committee 
                in advance of each meeting of the Commissioners. The 
                Advisory Committee shall attend each meeting and shall 
                examine and be heard on all proposed programs, 
                investigations, reports, and recommendations of the 
                Commissioners.
                    (C) Procedures.--The Advisory Committee shall 
                determine its organization and prescribe its practices 
                and procedures for carrying out its functions under 
                this title, the South Pacific Fisheries Convention, and 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.). The Advisory 
                Committee shall publish and make available to the 
                public a statement of its organization, practices, and 
                procedures. A majority of the members of the Advisory 
                Committee shall constitute a quorum to conduct 
                business. Meetings of the Advisory Committee, except 
                when in executive session, shall be open to the public. 
                Prior notice of each nonexecutive meeting shall be made 
                public in a timely fashion. The Advisory Committee 
                shall not be subject to the Federal Advisory Committee 
                Act (5 U.S.C. App.).
                    (D) Provision of information.--The Secretary and 
                the Secretary of State shall furnish the Advisory 
                Committee with relevant information concerning fishery 
                resources and international fishery agreements.
            (2) Administrative matters.--
                    (A) Support services.--The Secretary shall provide 
                to the Advisory Committee in a timely manner such 
                administrative and technical support services as are 
                necessary to function effectively.
                    (B) Compensation; status; expenses.--An individual 
                appointed to serve as a member of the Advisory 
                Committee--
                            (i) shall serve without pay; and
                            (ii) shall not be considered a Federal 
                        employee, except for the purposes of injury 
                        compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.

SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.

    The Secretary of State may--
            (1) receive and transmit, on behalf of the United States, 
        reports, requests, recommendations, proposals, decisions, and 
        other communications of and to the Commission;
            (2) in consultation with the Secretary, act upon, or refer 
        to other appropriate authority, any communication pursuant to 
        paragraph (1); and
            (3) with the concurrence of the Secretary, and in 
        accordance with the South Pacific Fishery Resources Convention, 
        object to decisions of the Commission.

SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULEMAKING AUTHORITY.

    (a) Responsibilities.--The Secretary may--
            (1) administer this title and any regulations issued under 
        this title, except to the extent otherwise provided for in this 
        title; and
            (2) issue permits to vessels subject to the jurisdiction of 
        the United States, and to owners and operators of such vessels, 
        to fish in the Convention Area, under such terms and conditions 
        as the Secretary may prescribe.
    (b) Promulgation of Regulations.--
            (1) In general.--The Secretary, in consultation with the 
        Secretary of State and the Secretary of the department in which 
        the Coast Guard is operating, may promulgate such regulations 
        as may be necessary and appropriate to carry out the 
        international obligations of the United States under the South 
        Pacific Fishery Resources Convention and this title, including 
        decisions adopted by the Commission.
            (2) Applicability.--Regulations promulgated under this 
        subsection shall be applicable only to a person or fishing 
        vessel that is or has engaged in fishing, and fisheries 
        resources covered by the Convention on the Conservation and 
        Management of High Seas Fisheries Resources in the South 
        Pacific Ocean under this title.
    (c) Consistency With Other Laws.--The Secretary shall ensure the 
consistency, to the extent practicable, of fishery management programs 
administered under this title, the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna 
Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna 
Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law 108-219 
(16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the Western 
and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 
6901 et seq.), the National Oceanic and Atmospheric Administration 
Authorization Act of 1992 (Public Law 102-567) and the amendments made 
by that Act, and Public Law 100-629 (102 Stat. 3286).
    (d) Judicial Review of Regulations.--
            (1) In general.--Regulations promulgated by the Secretary 
        under this title shall be subject to judicial review to the 
        extent authorized by, and in accordance with, chapter 7 of 
        title 5, United States Code, if a petition for such review is 
        filed not later than 30 days after the date on which the 
        regulations are promulgated or the action is published in the 
        Federal Register, as applicable.
            (2) Responses.--Notwithstanding any other provision of law, 
        the Secretary shall file a response to any petition filed in 
        accordance with paragraph (1) not later than 30 days after the 
        date the Secretary is served with that petition, except that 
        the appropriate court may extend the period for filing such a 
        response upon a showing by the Secretary of good cause for that 
        extension.
            (3) Copies of administrative record.--A response of the 
        Secretary under paragraph (2) shall include a copy of the 
        administrative record for the regulations that are the subject 
        of the petition.
            (4) Expedited hearings.--Upon a motion by the person who 
        files a petition under this subsection, the appropriate court 
        shall assign the matter for hearing at the earliest possible 
        date.

SEC. 205. ENFORCEMENT.

    (a) Responsibility.--This title, and any regulations or permits 
issued under this title, shall be enforced by the Secretary and the 
Secretary of the department in which the Coast Guard is operating. Such 
Secretaries shall, and the head of any Federal or State agency that has 
entered into an agreement with either such Secretary under this section 
may (if the agreement so provides), authorize officers to enforce this 
title or any regulation promulgated under this title. Any officer so 
authorized may enforce this title in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties as though 
section 311 of the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1861) were incorporated into and made a part of this 
title.
    (b) Administration and Enforcement.--The Secretary shall prevent 
any person from violating this title in the same manner, by the same 
means, and with the same jurisdiction, powers, and duties as though 
sections 308 through 311 of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1858 through 1861) were incorporated into 
and made a part of this title. Any person that violates this title 
shall be subject to the penalties, and entitled to the privileges and 
immunities, provided in the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) in the same manner and by the 
same means as though sections 308 through 311 of that Act (16 U.S.C. 
1858 through 1861) were incorporated into and made a part of this 
title.
    (c) District Court Jurisdiction.--The district courts of the United 
States shall have jurisdiction over any actions arising under this 
section. Notwithstanding subsection (b), for the purpose of this 
section, for 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 Island, the appropriate court is the United States District Court 
for the District of Guam, and except that in the case of the Northern 
Mariana Islands, the appropriate court is the United States District 
Court for the District of the Northern Mariana Islands. Each violation 
shall be a separate offense and the offense is deemed to have been 
committed not only in the district where the violation first occurred, 
but also in any other district as authorized by law. Any offenses not 
committed in any district are subject to the venue provisions of 
section 3238 of title 18, United States Code.

SEC. 206. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate any provision of this title or of any 
        regulation promulgated or permit issued under this title;
            (2) to use any fishing vessel to engage in fishing without 
        a valid permit or after the revocation, or during the period of 
        suspension, of an applicable permit pursuant to this title;
            (3) to refuse to permit any officer authorized to enforce 
        this title to board a fishing vessel subject to such person's 
        control for the purposes of conducting any investigation or 
        inspection in connection with the enforcement of this title;
            (4) to 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 title or any regulation promulgated or 
        permit issued under this title;
            (5) to resist a lawful arrest for any act prohibited by 
        this title or any regulation promulgated or permit issued under 
        this title;
            (6) to knowingly and willfully ship, transport, offer for 
        sale, sell, purchase, import, export, or have custody, control, 
        or possession of, any fishery resources taken or retained in 
        violation of this title or any regulation or permit referred to 
        in paragraph (1) or (2);
            (7) to 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 title;
            (8) to knowingly and willfully submit to the Secretary 
        false information, regarding any matter that the Secretary is 
        considering in the course of carrying out this title;
            (9) to assault, resist, oppose, impede, intimidate, 
        sexually harass, bribe, or interfere with any observer on a 
        vessel pursuant to the requirements of this title, or any data 
        collector employed by the National Oceanic and Atmospheric 
        Administration or under contract to any person to carry out 
        responsibilities under this title;
            (10) to knowingly and willfully ship, transport, purchase, 
        sell, offer for sale, import, export, or have in their custody, 
        possession, or control any fishery resources taken or retained 
        in violation such regulations;
            (11) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports as are required by 
        regulations adopted pursuant to this title to be made, kept, or 
        furnished;
            (12) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States;
            (13) to import, in violation of any regulation promulgated 
        under this title, any fishery resources in any form of those 
        species subject to regulation pursuant to a decision of the 
        Commission;
            (14) to make or submit any false record, account, or label 
        for, or any false identification of, any fisheries resources 
        that have been or are intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce; or
            (15) to refuse to authorize and accept boarding by a duly 
        authorized inspector pursuant to procedures adopted by the 
        Commission for the boarding and inspection of fishing vessels 
        in the Convention Area.

SEC. 207. COOPERATION IN CARRYING OUT THE CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with agencies of the United 
States Government, any public or private institutions or organizations 
within the United States or abroad, and, through the Secretary of 
State, the duly authorized officials of the government of any party to 
the South Pacific Fishery Resources Convention, in carrying out 
responsibilities under this title.
    (b) Scientific and Other Programs; Facilities and Personnel.--All 
Federal agencies may, upon the request of the Secretary, cooperate in 
the conduct of scientific and other programs and to furnish facilities 
and personnel for the purpose of assisting the Commission in carrying 
out its duties under the South Pacific Fishery Resources Convention.
    (c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this title, or in the laws or regulations of any State, 
prevents the Secretary or the Commission from--
            (1) conducting or authorizing the conduct of fishing 
        operations and biological experiments at any time for purposes 
        of scientific investigation; or
            (2) discharging any other duties prescribed by the South 
        Pacific Fishery Resources Convention.
    (d) State Jurisdiction Not Affected.--Nothing in this title shall 
be construed to diminish or to increase the jurisdiction of any State 
in the territorial sea of the United States.

SEC. 208. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by American Samoa, Guam, and the Commonwealth 
of the Northern Mariana Islands to the same extent provided to the 
territories of other nations.

SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of countries fishing under 
the management authority of the South Pacific Fisheries Convention that 
do not carry vessel monitoring systems capable of communicating with 
United States enforcement authorities shall, before or as soon as 
reasonably possible after, entering and transiting the exclusive 
economic zone bounded by the Convention Area--
            (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 United States waters;
            (2) ensure that all fishing gear on board the vessel is 
        stowed below deck or otherwise removed from the place it is 
        normally used for fishing activities and placed where it is not 
        readily available for fishing activities; and
            (3) if requested by an enforcement officer, proceed to a 
        specified location so that a vessel inspection can be 
        conducted.

      TITLE III--WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION

SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL MEETINGS OF WESTERN AND 
              CENTRAL PACIFIC FISHERIES COMMISSION.

    (a) In General.--The Western and Central Pacific Fisheries 
Convention Implementation Act is amended--
            (1) in section 503 (16 U.S.C. 6902)--
                    (A) in subsection (a), by inserting ``and 
                commercial fishing'' after ``fish stocks''; and
                    (B) in subsection (d)(1), by adding at the end the 
                following:
                    ``(E) No later than 15 days before each annual 
                meeting of the Commission, the Advisory Committee shall 
                transmit to the United States Commissioners 
                recommendations relating to the agenda of the annual 
                meeting. The recommendations must be agreed to by a 
                majority of the Advisory Committee members. The United 
                States Commissioners shall consider such 
                recommendations in the formulation of the United States 
                position for the Commission meeting and during the 
                negotiations at that meeting.''; and
            (2) by redesignating section 511 (16 U.S.C. 6910) as 
        section 512, and inserting after section 510 the following:

``SEC. 511. UNITED STATES CONSERVATION, MANAGEMENT, AND ENFORCEMENT 
              OBJECTIVES.

    ``The Secretary, in consultation with the Secretary of State, shall 
initiate and conduct negotiations pursuant to this Act for the purpose 
of securing agreements that--
            ``(1) minimize any disadvantage to United States fishermen 
        in relation to other members of the Commission;
            ``(2) maximize the opportunities for fishing vessels of the 
        United States to harvest fish stocks on the high seas in the 
        Convention area, recognizing that such harvests may be 
        restricted if the Commission, based on an analysis by the 
        Scientific Committee established by the Western and Central 
        Pacific Convention, determines that limiting the access of 
        fishing vessels of the United States to the high seas is 
        necessary for the conservation of fish stocks subject to the 
        Convention;
            ``(3) prevent any requirement for the transfer to other 
        nations or foreign entities of the fishing capacity, fishing 
        capacity rights, or fishing vessels of the United States or its 
        territories; and
            ``(4) ensure that conservation and management measures take 
        into consideration traditional fishing patterns of fishing 
        vessels of the United States and the operating requirements of 
        the fisheries covered by the Western and Central Pacific 
        Convention.''.
    (b) Conforming Amendment.--Section 1(b) of the Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 2006 is 
amended in the table of contents by striking the item relating to 
section 511 (121 Stat. 3576) and inserting the following:

``Sec. 511. United States conservation, management, and enforcement 
                            objectives.
``Sec. 512. Authorization of appropriations.''.
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