I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Ensuring Access to 

5 Pacific Fisheries Act’’. 


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1 TITLE I—NORTH PACIFIC FISH2 ERIES CONVENTION IMPLE3 MENTATION 

4 SEC. 101. DEFINITIONS. 

5 In this title: 

6 (1) ADVISORY COMMITTEE.—The term ‘‘Advi7 sory Committee’’ means the advisory committee es8 tablished under section 102(d). 

9 (2) COMMISSION.—The term ‘‘Commission’’ 

10 means the North Pacific Fisheries Commission es11 tablished in accordance with the North Pacific Fish12 eries Convention. 

13 (3) COMMISSIONER.—The term ‘‘Commis14 sioner’’ means a United States Commissioner ap15 pointed under section 102(a). 

16 (4) CONVENTION AREA.—The term ‘‘Conven17 tion Area’’ means the area to which the Convention 

18 on the Conservation and Management of High Seas 

19 Fisheries Resources in the North Pacific Ocean ap20 plies under Article 4 of such Convention. 

21 (5) COUNCIL.—The term ‘‘Council’’ means the 

22 North Pacific Fishery Management Council, the Pa23 cific Fishery Management Council, or the Western 

24 Pacific Fishery Management Council established 

25 under section 302 of the Magnuson-Stevens Fishery 


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1 Conservation and Management Act (16 U.S.C. 

2 1852), as the context requires. 

3 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

4 ‘‘exclusive economic zone’’ means— 

5 (A) with respect to the United States, the 

6 zone established by Presidential Proclamation 

7 Numbered 5030 of March 10, 1983 (16 U.S.C. 

8 1453 note); and 

9 (B) with respect to a foreign country, a 

10 designated zone similar to the zone referred to 

11 in subparagraph (A) for that country. 

12 (7) FISHERIES RESOURCES.— 

13 (A) IN GENERAL.—Except as provided in 

14 subparagraph (B), the term ‘‘fisheries re15 sources’’ means all fish, mollusks, crustaceans, 

16 and other marine species caught by a fishing 

17 vessel within the Convention Area. 

18 (B) EXCLUSIONS.—The term ‘‘fisheries re19 sources’’ does not include— 

20 (i) sedentary species insofar as they 

21 are subject to the sovereign rights of coast22 al nations consistent with Article 77, para23 graph 4 of the 1982 Convention and indi24 cator species of vulnerable marine eco25 systems as listed in, or adopted pursuant 


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1 to, Article 13, paragraph 5 of the North 

2 Pacific Fisheries Convention; 

3 (ii) catadromous species; 

4 (iii) marine mammals, marine reptiles, 

5 or seabirds; or 

6 (iv) other marine species already cov7 ered by preexisting international fisheries 

8 management instruments within the area 

9 of competence of such instruments. 

10 (8) FISHING ACTIVITIES.— 

11 (A) IN GENERAL.—The term ‘‘fishing ac12 tivities’’ means— 

13 (i) the actual or attempted searching 

14 for, catching, taking, or harvesting of fish15 eries resources; 

16 (ii) engaging in any activity that can 

17 reasonably be expected to result in the lo18 cating, catching, taking, or harvesting of 

19 fisheries resources for any purpose; 

20 (iii) the processing of fisheries re21 sources at sea; 

22 (iv) the transshipment of fisheries re23 sources at sea or in port; or 

24 (v) any operation at sea in direct sup25 port of, or in preparation for, any activity 


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1 described in clauses (i) through (iv), in2 cluding transshipment. 

3 (B) EXCLUSIONS.—The term ‘‘fishing ac4 tivities’’ does not include any operation related 

5 to an emergency involving the health or safety 

6 of a crew member or the safety of a fishing ves7 sel. 

8 (9) FISHING VESSEL.—The term ‘‘fishing ves9 sel’’ means any vessel used or intended for use for 

10 the purpose of engaging in fishing activities, includ11 ing a processing vessel, a support ship, a carrier ves12 sel, or any other vessel directly engaged in such fish13 ing activities. 

14 (10) HIGH SEAS.—The term ‘‘high seas’’ does 

15 not include an area that is within the exclusive eco16 nomic zone of the United States or of any other 

17 country. 

18 (11) NORTH PACIFIC FISHERIES CONVEN19 TION.—The term ‘‘North Pacific Fisheries Conven20 tion’’ means the Convention on the Conservation and 

21 Management of the High Seas Fisheries Resources 

22 in the North Pacific Ocean (including any annexes, 

23 amendments, or protocols that are in force, or have 

24 come into force) for the United States, which was 

25 adopted at Tokyo on February 24, 2012. 


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1 (12) PERSON.—The term ‘‘person’’ means— 

2 (A) any individual, whether or not a citizen 

3 or national of the United States; 

4 (B) any corporation, partnership, associa5 tion, or other entity, whether or not organized 

6 or existing under the laws of any State; or 

7 (C) any Federal, State, local, tribal, or for8 eign government or any entity of such govern9 ment. 

10 (13) SECRETARY.—Except as otherwise specifi11 cally provided, the term ‘‘Secretary’’ means the Sec12 retary of Commerce. 

13 (14) STATE.—The term ‘‘State’’ means each of 

14 the several States of the United States, the District 

15 of Columbia, the Commonwealth of the Northern 

16 Mariana Islands, American Samoa, Guam, and any 

17 other commonwealth, territory, or possession of the 

18 United States. 

19 (15) STRADDLING STOCK.—The term ‘‘strad20 dling stock’’ means a stock of fisheries resources 

21 that migrates between, or occurs in, the economic 

22 exclusion zone of one or more parties to the Conven23 tion and the Convention Area. 

24 (16) TRANSSHIPMENT.—The term ‘‘trans25 shipment’’ means the unloading of any fisheries reVerDate Sep 11 2014 23:51 Feb 16, 2016 Jkt 059200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.IH H4576

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1 sources taken in the Convention Area from one fish2 ing vessel to another fishing vessel either at sea or 

3 in port. 

4 (17) 1982 CONVENTION.—The term ‘‘1982 

5 Convention’’ means the United Nations Convention 

6 on the Law of the Sea of 10 December 1982. 

7 SEC. 102. UNITED STATES PARTICIPATION IN THE NORTH 

8 PACIFIC FISHERIES CONVENTION. 

9 (a) UNITED STATES COMMISSIONERS.— 

10 (1) NUMBER OF COMMISSIONERS.—The United 

11 States shall be represented on the Commission by 5 

12 United States Commissioners. 

13 (2) SELECTION OF COMMISSIONERS.—The 

14 Commissioners shall be as follows: 

15 (A) APPOINTMENT BY THE PRESIDENT.— 

16 (i) IN GENERAL.—Two of the Com17 missioners shall be appointed by the Presi18 dent and shall be an officer or employee 

19 of— 

20 (I) the Department of Commerce; 

21 (II) the Department of State; or 

22 (III) the Coast Guard. 

23 (ii) SELECTION CRITERIA.—In making 

24 each appointment under clause (i), the 

25 President shall select a Commissioner from 


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1 among individuals who are knowledgeable 

2 or experienced concerning fisheries re3 sources in the North Pacific Ocean. 

4 (B) NORTH PACIFIC FISHERY MANAGE5 MENT COUNCIL.—One Commissioner shall be 

6 the chairman of the North Pacific Fishery Man7 agement Council or a designee of such chair8 man. 

9 (C) PACIFIC FISHERY MANAGEMENT COUN10 CIL.—One Commissioner shall be the chairman 

11 of the Pacific Fishery Management Council or 

12 a designee of such chairperson. 

13 (D) WESTERN PACIFIC FISHERY MANAGE14 MENT COUNCIL.—One Commissioner shall be 

15 the chairman of the Western Pacific Fishery 

16 Management Council or a designee of such 

17 chairperson. 

18 (b) ALTERNATE COMMISSIONERS.—In the event of a 

19 vacancy in a position as a Commissioner appointed under 

20 subsection (a), the Secretary of State, in consultation with 

21 the Secretary, may designate from time to time and for 

22 periods of time considered appropriate an alternate Com23 missioner to the Commission. An alternate Commissioner 

24 may exercise all powers and duties of a Commissioner in 

25 the absence of a Commissioner appointed under subsection 


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1 (a), and shall serve the remainder of the term of the ab2 sent Commissioner for which designated. 

3 (c) ADMINISTRATIVE MATTERS.— 

4 (1) EMPLOYMENT STATUS.—An individual serv5 ing as a Commissioner, or an alternative Commis6 sioner, other than an officer or employee of the 

7 United States Government, shall not be considered 

8 a Federal employee, except for the purposes of in9 jury compensation or tort claims liability as provided 

10 in chapter 81 of title 5, United States Code, and 

11 chapter 171 of title 28, United States Code. 

12 (2) COMPENSATION.—An individual serving as 

13 a Commissioner or an alternate Commissioner, al14 though an officer of the United States while so serv15 ing, shall receive no compensation for the individ16 ual’s services as such Commissioner or alternate 

17 Commissioner. 

18 (3) TRAVEL EXPENSES.— 

19 (A) IN GENERAL.—The Secretary of State 

20 shall pay the necessary travel expenses of a 

21 Commissioner or an alternate Commissioner in 

22 accordance with the Federal Travel Regulations 

23 and sections 5701, 5702, 5704 through 5708, 

24 and 5731 of title 5, United States Code. 


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1 (B) REIMBURSEMENT.—The Secretary 

2 may reimburse the Secretary of State for 

3 amounts expended by the Secretary of State 

4 under this paragraph. 

5 (d) ADVISORY COMMITTEE.— 

6 (1) ESTABLISHMENT OF PERMANENT ADVISORY

7 COMMITTEE.— 

8 (A) MEMBERSHIP.—There is established 

9 an advisory committee which shall be composed 

10 of 11 members appointed by the Secretary, in11 cluding— 

12 (i) a member engaging in commercial 

13 fishing activities in the management area 

14 of the North Pacific Fishery Management 

15 Council; 

16 (ii) a member engaging in commercial 

17 fishing activities in the management area 

18 of the Pacific Fishery Management Coun19 cil; 

20 (iii) a member engaging in commercial 

21 fishing activities in the management area 

22 of the Western Pacific Fishery Manage23 ment Council; 

24 (iv) 3 members from the indigenous 

25 population of the North Pacific including 


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1 an Alaska Native, a Native Hawaiian, or a 

2 native-born inhabitant of any State of the 

3 United States in the Pacific, and an indi4 vidual from a Pacific Coast tribe; 

5 (v) a member that is a marine fish6 eries scientist that is a resident of a State 

7 the adjacent exclusive economic zone for 

8 which is bounded by the Convention Area; 

9 (vi) a member nominated by the Gov10 ernor of the State of Alaska; 

11 (vii) a member nominated by the Gov12 ernor of the State of Hawaii; and 

13 (viii) a member nominated by the 

14 Governor of the State of Washington. 

15 (B) TERMS AND PRIVILEGES.—Each mem16 ber of the Advisory Committee shall serve for a 

17 term of 2 years and shall be eligible for re18 appointment, except an individual may not be 

19 appointed to more than 3 terms. The Commis20 sioners shall notify the Advisory Committee in 

21 advance of each meeting of the Commissioners. 

22 The Advisory Committee shall attend each such 

23 meeting and shall examine and be heard on all 

24 proposed programs, investigations, reports, and 

25 recommendations of the Commissioners. 


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1 (C) PROCEDURES.— 

2 (i) IN GENERAL.—The Advisory Com3 mittee shall determine its organization and 

4 prescribe its practices and procedures for 

5 carrying out its functions under this title, 

6 the North Pacific Fisheries Convention, 

7 and the Magnuson-Stevens Fishery Con8 servation and Management Act (16 U.S.C. 

9 1801 et seq.). 

10 (ii) PUBLIC AVAILABILITY OF PROCE11 DURES.—The Advisory Committee shall 

12 publish and make available to the public a 

13 statement of its organization, practices, 

14 and procedures. 

15 (iii) QUORUM.—A majority of the 

16 members of the Advisory Committee shall 

17 constitute a quorum to conduct business. 

18 (iv) PUBLIC MEETINGS.—Meetings of 

19 the Advisory Committee, except when in 

20 executive session, shall be open to the pub21 lic. Prior notice of each nonexecutive meet22 ing shall be made public in a timely fash23 ion. The Advisory Committee shall not be 

24 subject to the Federal Advisory Committee 

25 Act (5 U.S.C. App.). 


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1 (D) PROVISION OF INFORMATION.—The 

2 Secretary and the Secretary of State shall fur3 nish the Advisory Committee with relevant in4 formation concerning fisheries resources and 

5 international fishery agreements. 

6 (2) ADMINISTRATIVE MATTERS.— 

7 (A) SUPPORT SERVICES.—The Secretary 

8 shall provide to the Advisory Committee in a 

9 timely manner such administrative and tech10 nical support services as are necessary to func11 tion effectively. 

12 (B) COMPENSATION; STATUS.—An indi13 vidual appointed to serve as a member of the 

14 Advisory Committee— 

15 (i) shall serve without pay; and 

16 (ii) shall not be considered a Federal 

17 employee, except for the purposes of injury 

18 compensation or tort claims liability as 

19 provided in chapter 81 of title 5, United 

20 States Code, and chapter 171 of title 28, 

21 United States Code. 

22 (C) TRAVEL EXPENSES.— 

23 (i) IN GENERAL.—The Secretary of 

24 State shall pay the necessary travel ex25 penses of members of the Advisory ComVerDate Sep 11 2014 23:51 Feb 16, 2016 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.IH H4576

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1 mittee in carrying out the duties of the Ad2 visory Committee in accordance with the 

3 Federal Travel Regulations and sections 

4 5701, 5702, 5704 through 5708, and 5731 

5 of title 5, United States Code. 

6 (ii) REIMBURSEMENT.—The Secretary 

7 may reimburse the Secretary of State for 

8 amounts expended by the Secretary of 

9 State under this subparagraph. 

10 (e) UNITED STATES PARTICIPATION.—In instances 

11 in which the United States is participating in any meeting 

12 of the parties to the North Pacific Fisheries Convention, 

13 the United States shall be represented by the Commis14 sioners and the Advisory Committee. 

15 SEC. 103. AUTHORITY AND RESPONSIBILITY OF THE SEC16 RETARY OF STATE. 

17 The Secretary of State may— 

18 (1) receive and transmit, on behalf of the 

19 United States, reports, requests, recommendations, 

20 proposals, decisions, and other communications of 

21 and to the Commission; 

22 (2) in consultation with the Secretary, approve, 

23 disapprove, object to, or withdraw objections to by24 laws and rules, or amendments thereof, adopted by 

25 the Commission; 


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1 (3) with the concurrence of the Secretary, ap2 prove or disapprove the general annual program of 

3 the Commission with respect to conservation and 

4 management measures and other measures proposed 

5 or adopted in accordance with the North Pacific 

6 Fisheries Convention; and 

7 (4) act upon, or refer to other appropriate au8 thority, any communication under paragraph (1). 

9 SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE. 

10 (a) PROMULGATION OF REGULATIONS.— 

11 (1) AUTHORITY.—The Secretary, in consulta12 tion with the Secretary of State and, with respect to 

13 enforcement measures, the Secretary of the depart14 ment in which the Coast Guard is operating, may 

15 promulgate such regulations as may be necessary to 

16 carry out the United States international obligations 

17 under the North Pacific Fisheries Convention and 

18 this title, including recommendations and decisions 

19 adopted by the Commission. 

20 (2) REGULATIONS OF STRADDLING STOCKS.— 

21 In the implementation of a measure adopted by the 

22 Commission that would govern a straddling stock 

23 under the authority of a Council, any regulation pro24 mulgated by the Secretary to implement such meas25 ure shall be approved by such Council. 


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1 (b) RULE OF CONSTRUCTION.—Regulations promul2 gated under subsection (a) shall be applicable only to a 

3 person or a fishing vessel that is or has engaged in fishing 

4 activities, or fisheries resources covered by the North Pa5 cific Fisheries Convention under this title. 

6 (c) ADDITIONAL AUTHORITY.—The Secretary may 

7 conduct, and may request and utilize on a reimbursed or 

8 nonreimbursed basis the assistance, services, personnel, 

9 equipment, and facilities of other Federal departments 

10 and agencies in— 

11 (1) scientific, research, and other programs 

12 under this title; 

13 (2) fishing operations and biological experi14 ments for purposes of scientific investigation or 

15 other purposes necessary to implement the North 

16 Pacific Fisheries Convention; 

17 (3) the collection, utilization, and disclosure of 

18 such information as may be necessary to implement 

19 the North Pacific Fisheries Convention, subject to 

20 sections 552 and 552a of title 5, United States 

21 Code, and section 402(b) of the Magnuson-Stevens 

22 Fishery Conservation and Management Act (16 

23 U.S.C. 1881a(b)); and 

24 (4) the issuance of permits to owners and oper25 ators of United States vessels to engage in fishing 


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1 activities in the Convention Area seaward of the ex2 clusive economic zone of the United States, under 

3 such terms and conditions as the Secretary may pre4 scribe, including the period of time that a permit is 

5 valid. 

6 (d) CONSISTENCY WITH OTHER LAWS.—The Sec7 retary shall ensure the consistency, to the extent prac8 ticable, of fishery management programs administered 

9 under this title, the Magnuson-Stevens Fishery Conserva10 tion and Management Act (16 U.S.C. 1801 et seq.), the 

11 Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), 

12 the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 

13 seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 

14 note) (relating to Pacific albacore tuna), the Western and 

15 Central Pacific Fisheries Convention Implementation Act 

16 (16 U.S.C. 6901 et seq.), the National Oceanic and At17 mospheric Administration Authorization Act of 1992 

18 (Public Law 102–567) and the amendments made by that 

19 Act, and Public Law 100–629 (102 Stat. 3286). 

20 (e) JUDICIAL REVIEW OF REGULATIONS.— 

21 (1) IN GENERAL.—Regulations promulgated by 

22 the Secretary under this title shall be subject to ju23 dicial review to the extent authorized by, and in ac24 cordance with, chapter 7 of title 5, United States 

25 Code, if a petition for such review is filed not later 


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1 than 30 days after the date on which the regulations 

2 are promulgated. 

3 (2) RESPONSES.—Notwithstanding any other 

4 provision of law, the Secretary shall file a response 

5 to any petition filed in accordance with paragraph 

6 (1), not later than 30 days after the date the Sec7 retary is served with that petition, except that the 

8 appropriate court may extend the period for filing 

9 such a response upon a showing by the Secretary of 

10 good cause for that extension. 

11 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

12 response of the Secretary under paragraph (2) shall 

13 include a copy of the administrative record for the 

14 regulations that are the subject of the petition. 

15 (4) EXPEDITED HEARINGS.—Upon a motion by 

16 the person who files a petition under this subsection, 

17 the appropriate court shall assign the matter for 

18 hearing at the earliest possible date. 

19 SEC. 105. ENFORCEMENT. 

20 (a) IN GENERAL.—The Secretary and the Secretary 

21 of the department in which the Coast Guard is oper22 ating— 

23 (1) shall administer and enforce this title and 

24 any regulations issued under this title, except to the 

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1 vens Fishery Conservation and Management Act (16 

2 U.S.C. 1801 et seq.); and 

3 (2) may request and utilize on a reimbursed or 

4 nonreimbursed basis the assistance, services, per5 sonnel, equipment, and facilities of other Federal de6 partments and agencies in the administration and 

7 enforcement of this title. 

8 (b) SECRETARIAL ACTIONS.—Except as provided 

9 under subsection (c), the Secretary and the Secretary of 

10 the department in which the Coast Guard is operating 

11 shall prevent any person from violating this title with re12 spect to fishing activities or the conservation of fisheries 

13 resources in the Convention Area in the same manner, by 

14 the same means, and with the same jurisdiction, powers, 

15 and duties as though sections 308 through 311 of the 

16 Magnuson-Stevens Fishery Conservation and Manage17 ment Act (16 U.S.C. 1858, 1859, 1860, and 1861) were 

18 incorporated into and made a part of this title. Any person 

19 that violates this title is subject to the penalties and enti20 tled to the privileges and immunities provided in the Mag21 nuson-Stevens Fishery Conservation and Management Act 

22 (16 U.S.C. 1801 et seq.) in the same manner, by the same 

23 means, and with the same jurisdiction, power, and duties 

24 as though sections 308 through 311 of that Act (16 


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1 U.S.C. 1858, 1859, 1860, and 1861) were incorporated 

2 into and made a part of this title. 

3 (c) JURISDICTION OF THE COURTS.— 

4 (1) IN GENERAL.—Subject to paragraphs (2) 

5 and (3), the district courts of the United States 

6 shall have exclusive jurisdiction over any case or 

7 controversy arising under this title, and any such 

8 court may at any time— 

9 (A) enter restraining orders or prohibi10 tions; 

11 (B) issue warrants, process in rem, or 

12 other process; 

13 (C) prescribe and accept satisfactory bonds 

14 or other security; and 

15 (D) take such other actions as are in the 

16 interest of justice. 

17 (2) HAWAII AND PACIFIC INSULAR AREAS.—In 

18 the case of Hawaii or any possession of the United 

19 States in the Pacific Ocean, the appropriate court is 

20 the United States District Court for the District of 

21 Hawaii, except that— 

22 (A) in the case of Guam and Wake Island, 

23 the appropriate court is the United States Dis24 trict Court for the District of Guam; and 


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1 (B) in the case of the Northern Mariana 

2 Islands, the appropriate court is the United 

3 States District Court for the District of the 

4 Northern Mariana Islands. 

5 (3) CONSTRUCTION.—Each violation shall be a 

6 separate offense and the offense is deemed to have 

7 been committed not only in the district where the 

8 violation first occurred, but also in any other district 

9 authorized by law. Any offense not committed in any 

10 district is subject to the venue provisions of section 

11 3238 of title 18, United States Code. 

12 (d) CONFIDENTIALITY.— 

13 (1) IN GENERAL.—Any information submitted 

14 to the Secretary in compliance with any requirement 

15 under this title shall be confidential and may not be 

16 disclosed, except— 

17 (A) to a Federal employee who is respon18 sible for administering, implementing, or en19 forcing this title; 

20 (B) to the Commission, in accordance with 

21 requirements in the North Pacific Fisheries 

22 Convention and decisions of the Commission, 

23 and, insofar as possible, in accordance with an 

24 agreement with the Commission that prevents 


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1 public disclosure of the identity or business of 

2 any person; 

3 (C) to State, Council, or marine fisheries 

4 commission employees pursuant to an agree5 ment with the Secretary that prevents public 

6 disclosure of the identity or business of any per7 son; 

8 (D) when required by court order; or 

9 (E) when the Secretary has obtained writ10 ten authorization from the person submitting 

11 such information to release such information to 

12 another person for a reason not otherwise pro13 vided for in this paragraph, and such release 

14 does not violate other requirements of this title. 

15 (2) USE OF INFORMATION.— 

16 (A) IN GENERAL.—Except as provided in 

17 subparagraph (B), the Secretary shall promul18 gate regulations regarding the procedures the 

19 Secretary considers necessary to preserve the 

20 confidentiality of information submitted under 

21 this title. 

22 (B) EXCEPTION.—The Secretary may re23 lease or make public information submitted 

24 under this title if the information is in any ag25 gregate or summary form that does not directly 


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1 or indirectly disclose the identity or business of 

2 any person. 

3 (3) RULE OF CONSTRUCTION.—Nothing in this 

4 subsection shall be interpreted or construed to pre5 vent the use for conservation and management pur6 poses by the Secretary of any information submitted 

7 under this title. 

8 SEC. 106. PROHIBITED ACTS. 

9 It is unlawful for any person— 

10 (1) to violate this title or any regulation or per11 mit issued under this title; 

12 (2) to use any fishing vessel to engage in fish13 ing activities without, or after the revocation or dur14 ing the period of suspension of, an applicable permit 

15 issued pursuant to this title; 

16 (3) to refuse to permit any officer authorized to 

17 enforce this title to board a fishing vessel subject to 

18 such person’s control for the purposes of conducting 

19 any search, investigation, or inspection in connection 

20 with the enforcement of this title or any regulation, 

21 permit, or the North Pacific Fisheries Convention; 

22 (4) to assault, resist, oppose, impede, intimi23 date, or interfere with any such authorized officer in 

24 the conduct of any search, investigation, or inspec25 tion in connection with the enforcement of this title 


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1 or any regulation, permit, or the North Pacific Fish2 eries Convention; 

3 (5) to resist a lawful arrest for any act prohib4 ited by this title or any regulation promulgated or 

5 permit issued under this title; 

6 (6) to knowingly and willfully ship, transport, 

7 offer for sale, sell, purchase, import, export, or have 

8 custody, control, or possession of, any fisheries re9 sources taken or retained in violation of this title or 

10 any regulation or permit referred to in paragraph 

11 (1) or (2); 

12 (7) to interfere with, delay, or prevent, by any 

13 means, the apprehension or arrest of another person, 

14 knowing that such other person has committed any 

15 act prohibited by this section; 

16 (8) to knowingly and willfully submit to the 

17 Secretary false information (including false informa18 tion regarding the capacity and extent to which a 

19 United States fish processor, on an annual basis, 

20 will process a portion of the optimum yield of a fish21 ery that will be harvested by fishing vessels of the 

22 United States), regarding any matter that the Sec23 retary is considering in the course of carrying out 

24 this title; 


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1 (9) to assault, resist, oppose, impede, intimi2 date, sexually harass, bribe, or interfere with any ob3 server on a vessel under this title, or any data col4 lector employed by or under contract to any person 

5 to carry out responsibilities under this title; 

6 (10) to engage in fishing activities in violation 

7 of any regulation adopted pursuant to this title; 

8 (11) to knowingly and willfully ship, transport, 

9 purchase, sell, offer for sale, import, export, or have 

10 in their custody, possession, or control any fisheries 

11 resources taken or retained in violation of such regu12 lations; 

13 (12) to fail to make, keep, or furnish any catch 

14 returns, statistical records, or other reports required 

15 by regulations adopted pursuant to this title to be 

16 made, kept, or furnished; 

17 (13) to fail to stop a vessel upon being hailed 

18 and instructed to stop by a duly authorized official 

19 of the United States; 

20 (14) to import, in violation of any regulation 

21 adopted pursuant to this title, any fisheries re22 sources in any form of those species subject to regu23 lation pursuant to a recommendation, resolution, or 

24 decision of the Commission, or any fisheries re25 sources in any form not under regulation but under 


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1 investigation by the Commission, during the period 

2 such fisheries resources have been denied entry in 

3 accordance with this title; 

4 (15) to make or submit any false record, ac5 count, or label for, or any false identification of, any 

6 fisheries resources that have been, or are intended to 

7 be imported, exported, transported, sold, offered for 

8 sale, purchased, or received in interstate or foreign 

9 commerce; or 

10 (16) to refuse to authorize and accept boarding 

11 by a duly authorized inspector pursuant to proce12 dures adopted by the Commission for the boarding 

13 and inspection of fishing vessels in the Convention 

14 Area. 

15 SEC. 107. COOPERATION IN CARRYING OUT CONVENTION. 

16 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI17 TUTIONS AND ORGANIZATIONS.—The Secretary may co18 operate with any Federal agency, any public or private in19 stitution or organization within the United States or 

20 abroad, and, through the Secretary of State, a duly au21 thorized official of the government of any party to the 

22 North Pacific Fisheries Convention, in carrying out re23 sponsibilities under this title. 

24 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

25 AND PERSONNEL.—Each Federal agency may, upon the 


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1 request of the Secretary, cooperate in the conduct of sci2 entific and other programs and furnish facilities and per3 sonnel for the purpose of assisting the Commission in car4 rying out its duties under the North Pacific Fisheries Con5 vention. 

6 (c) SANCTIONED FISHING OPERATIONS AND BIO7 LOGICAL EXPERIMENTS.—Nothing in this title, or in the 

8 laws of any State, prevents the Secretary or the Commis9 sion from— 

10 (1) conducting or authorizing the conduct of 

11 fishing operations and biological experiments at any 

12 time for purposes of scientific investigation; or 

13 (2) discharging any other duties prescribed by 

14 the North Pacific Fisheries Convention. 

15 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

16 in this title shall be construed to diminish or to increase 

17 the jurisdiction of any State in the territorial sea of the 

18 United States. 

19 SEC. 108. TERRITORIAL PARTICIPATION. 

20 The Secretary of State shall ensure participation in 

21 the Commission and its subsidiary bodies by the Common22 wealth of the Northern Mariana Islands, American 

23 Samoa, and Guam to the same extent provided to the ter24 ritories of other nations. 


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1 SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

2 Masters of commercial fishing vessels of countries 

3 fishing under the management authority of the North Pa4 cific Fisheries Convention that do not carry vessel moni5 toring systems capable of communicating with United 

6 States enforcement authorities shall, prior to or as soon 

7 as reasonably possible after, entering and transiting the 

8 exclusive economic zone bounded by the Convention 

9 Area— 

10 (1) notify the Coast Guard of the name, flag 

11 state, location, route, and destination of the vessel 

12 and of the circumstances under which it will enter 

13 United States waters; 

14 (2) ensure that all fishing gear on board the 

15 vessel is stowed below deck or otherwise removed 

16 from the place it is normally used for fishing activi17 ties and placed where it is not readily available for 

18 fishing activities; and 

19 (3) if requested by an enforcement officer, pro20 ceed to a specified location so that a vessel inspec21 tion can be conducted. 


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1 TITLE II—IMPLEMENTATION OF 

2 THE CONVENTION ON THE 

3 CONSERVATION AND MAN4 AGEMENT OF HIGH SEAS 

5 FISHERY RESOURCES IN THE 

6 SOUTH PACIFIC OCEAN 

7 SEC. 201. DEFINITIONS. 

8 In this title: 

9 (1) ADVISORY COMMITTEE.—The term ‘‘Advi10 sory Committee’’ means the advisory committee es11 tablished under section 202(d). 

12 (2) 1982 CONVENTION.—The term ‘‘1982 Con13 vention’’ means the United Nations Convention on 

14 the Law of the Sea of 10 December 1982. 

15 (3) COMMISSION.—The term ‘‘Commission’’ 

16 means the Commission of the South Pacific Regional 

17 Fisheries Management Organization established in 

18 accordance with the South Pacific Fishery Resources 

19 Convention. 

20 (4) CONVENTION AREA.—The term ‘‘Conven21 tion Area’’ means the area to which the Convention 

22 on the Conservation and Management of High Seas 

23 Fisheries Resources in the South Pacific Ocean ap24 plies under Article 5 of such Convention. 


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1 (5) COUNCIL.—The term ‘‘Council’’ means the 

2 Western Pacific Regional Fishery Management 

3 Council. 

4 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

5 ‘‘exclusive economic zone’’ means— 

6 (A) with respect to the United States, the 

7 zone established by Presidential Proclamation 

8 Numbered 5030 of March 10, 1983 (16 U.S.C. 

9 1453 note); and 

10 (B) with respect to a foreign country, a 

11 designated zone similar to the zone referred to 

12 in subparagraph (A) for that country. 

13 (7) FISHERIES RESOURCES.—The term ‘‘fish14 eries resources’’ means all fish within the Conven15 tion Area, including mollusks, crustaceans, and 

16 other living marine resources as may be decided by 

17 the Commission, but excluding— 

18 (A) sedentary species insofar as they are 

19 subject to the national jurisdiction of coastal 

20 States pursuant to Article 77 paragraph 4 of 

21 the 1982 Convention; 

22 (B) highly migratory species listed in 

23 Annex I of the 1982 Convention; 

24 (C) anadromous and catadromous species; 

25 and 


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1 (D) marine mammals, marine reptiles and 

2 sea birds. 

3 (8) FISHING.—The term ‘‘fishing’’— 

4 (A) except as provided in subparagraph 

5 (B), means— 

6 (i) the actual or attempted searching 

7 for, catching, taking, or harvesting of fish8 ery resources; 

9 (ii) engaging in any activity that can 

10 reasonably be expected to result in the lo11 cating, catching, taking or harvesting of 

12 fisheries resources for any purpose; 

13 (iii) transshipment and any operation 

14 at sea, in support of, or in preparation for, 

15 any activity described in this subpara16 graph; and 

17 (iv) the use of any vessel, vehicle, air18 craft, or hovercraft in relation to any activ19 ity described in this subparagraph; and 

20 (B) does not include any operation related 

21 to emergencies involving the health and safety 

22 of crew members or the safety of a fishing ves23 sel. 

24 (9) FISHING VESSEL.—The term ‘‘fishing ves25 sel’’ means any vessel used or intended to be used 


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1 for fishing, including any support ship, carrier ves2 sel, or any other vessel directly engaged in fishing 

3 operations. 

4 (10) PERSON.—The term ‘‘person’’ means any 

5 individual (whether or not a citizen or national of 

6 the United States); any corporation, partnership, as7 sociation, or other entity (whether or not organized 

8 or existing under the laws of any State); and any 

9 Federal, State, local, or foreign government or any 

10 entity of any such government. 

11 (11) SECRETARY.—The term ‘‘Secretary’’ 

12 means the Secretary of Commerce. 

13 (12) SOUTH PACIFIC FISHERY RESOURCES CON14 VENTION.—The term ‘‘South Pacific Fishery Re15 sources Convention’’ means the Convention on the 

16 Conservation and Management of the High Seas 

17 Fishery Resources in the South Pacific Ocean (in18 cluding any annexes, amendments, or protocols that 

19 are in force, or have come into force, for the United 

20 States), which was adopted at Auckland, New Zea21 land, on November 14, 2009, by the International 

22 Consultations on the Proposed South Pacific Re23 gional Fisheries Management Organization. 

24 (13) STATE.—The term ‘‘State’’ means each of 

25 the several States of the United States, the District 


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1 of Columbia, the Commonwealth of the Northern 

2 Mariana Islands, American Samoa, Guam, and any 

3 other commonwealth, territory, or possession of the 

4 United States. 

5 SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED 

6 STATES COMMISSIONERS. 

7 (a) APPOINTMENT.— 

8 (1) IN GENERAL.—The United States shall be 

9 represented on the Commission by not more than 3 

10 Commissioners. In making each appointment, the 

11 President shall select a Commissioner from among 

12 individuals who are knowledgeable or experienced 

13 concerning fishery resources in the South Pacific 

14 Ocean. 

15 (2) REPRESENTATION.—At least one of the 

16 Commissioners shall be— 

17 (A) serving at the pleasure of the Presi18 dent, an officer or employee of— 

19 (i) the Department of Commerce; 

20 (ii) the Department of State; or 

21 (iii) the Coast Guard; and 

22 (B) the chairperson or designee of the 

23 Council. 

24 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

25 State, in consultation with the Secretary, may designate 


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1 from time to time and for periods of time considered ap2 propriate an alternate Commissioner to the Commission. 

3 An alternate Commissioner may exercise all powers and 

4 duties of a Commissioner in the absence of a Commis5 sioner appointed under subsection (a). 

6 (c) ADMINISTRATIVE MATTERS.— 

7 (1) EMPLOYMENT STATUS.—An individual serv8 ing as a Commissioner, or as an alternate Commis9 sioner, other than an officer or employee of the 

10 United States Government, shall not be considered 

11 a Federal employee, except for the purposes of in12 jury compensation or tort claims liability as provided 

13 in chapter 81 of title 5, United States Code, and 

14 chapter 171 of title 28, United States Code. 

15 (2) COMPENSATION.—An individual serving as 

16 a Commissioner or an alternate Commissioner, al17 though an officer of the United States while so serv18 ing, shall receive no compensation for the individ19 ual’s services as such Commissioner or alternate 

20 Commissioner. 

21 (3) TRAVEL EXPENSES.— 

22 (A) IN GENERAL.—The Secretary of State 

23 shall pay the necessary travel expenses of a 

24 Commissioner or an alternate Commissioner in 

25 accordance with the Federal Travel Regulations 


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1 and sections 5701, 5702, 5704 through 5708, 

2 and 5731 of title 5, United States Code. 

3 (B) REIMBURSEMENT.—The Secretary 

4 may reimburse the Secretary of State for 

5 amounts expended by the Secretary of State 

6 under this paragraph. 

7 (d) ADVISORY COMMITTEE.— 

8 (1) ESTABLISHMENT OF PERMANENT ADVISORY

9 COMMITTEE.— 

10 (A) MEMBERSHIP.—There is established 

11 an advisory committee that shall be composed 

12 of 6 members appointed by the Secretary, in13 cluding— 

14 (i) a member engaging in commercial 

15 fishing in the management area of the 

16 Council; 

17 (ii) 2 members from the indigenous 

18 population of the Pacific, including a Na19 tive American Samoan; 

20 (iii) a member that is a marine fish21 eries scientist and a member of the Coun22 cil’s Scientific and Statistical Committee; 

23 (iv) a member nominated by the Gov24 ernor of the State of Hawaii; and 


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1 (v) a member designated by the Coun2 cil. 

3 (B) TERMS AND PRIVILEGES.—Each mem4 ber of the Advisory Committee shall serve for a 

5 term of 2 years and shall be eligible for re6 appointment, except an individual may not be 

7 appointed to more than 3 terms. The Commis8 sioners shall notify the Advisory Committee in 

9 advance of each meeting of the Commissioners. 

10 The Advisory Committee shall attend each 

11 meeting and shall examine and be heard on all 

12 proposed programs, investigations, reports, and 

13 recommendations of the Commissioners. 

14 (C) PROCEDURES.—The Advisory Com15 mittee shall determine its organization and pre16 scribe its practices and procedures for carrying 

17 out its functions under this title, the South Pa18 cific Fisheries Convention, and the Magnuson19 Stevens Fishery Conservation and Management 

20 Act (16 U.S.C. 1801 et seq.). The Advisory 

21 Committee shall publish and make available to 

22 the public a statement of its organization, prac23 tices, and procedures. A majority of the mem24 bers of the Advisory Committee shall constitute 

25 a quorum to conduct business. Meetings of the 


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1 Advisory Committee, except when in executive 

2 session, shall be open to the public. Prior notice 

3 of each nonexecutive meeting shall be made 

4 public in a timely fashion. The Advisory Com5 mittee shall not be subject to the Federal Advi6 sory Committee Act (5 U.S.C. App.). 

7 (D) PROVISION OF INFORMATION.—The 

8 Secretary and the Secretary of State shall fur9 nish the Advisory Committee with relevant in10 formation concerning fishery resources and 

11 international fishery agreements. 

12 (2) ADMINISTRATIVE MATTERS.— 

13 (A) SUPPORT SERVICES.—The Secretary 

14 shall provide to the Advisory Committee in a 

15 timely manner such administrative and tech16 nical support services as are necessary to func17 tion effectively. 

18 (B) COMPENSATION; STATUS; EX19 PENSES.—An individual appointed to serve as a 

20 member of the Advisory Committee— 

21 (i) shall serve without pay; and 

22 (ii) shall not be considered a Federal 

23 employee, except for the purposes of injury 

24 compensation or tort claims liability as 

25 provided in chapter 81 of title 5, United 


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1 States Code, and chapter 171 of title 28, 

2 United States Code. 

3 SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SEC4 RETARY OF STATE. 

5 The Secretary of State may— 

6 (1) receive and transmit, on behalf of the 

7 United States, reports, requests, recommendations, 

8 proposals, decisions, and other communications of 

9 and to the Commission; 

10 (2) in consultation with the Secretary, act 

11 upon, or refer to other appropriate authority, any 

12 communication pursuant to paragraph (1); and 

13 (3) with the concurrence of the Secretary, and 

14 in accordance with the South Pacific Fishery Re15 sources Convention, object to decisions of the Com16 mission. 

17 SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULE18 MAKING AUTHORITY. 

19 (a) RESPONSIBILITIES.—The Secretary may— 

20 (1) administer this title and any regulations 

21 issued under this title, except to the extent otherwise 

22 provided for in this title; and 

23 (2) issue permits to vessels subject to the juris24 diction of the United States, and to owners and op25 erators of such vessels, to fish in the Convention 


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1 Area, under such terms and conditions as the Sec2 retary may prescribe. 

3 (b) PROMULGATION OF REGULATIONS.— 

4 (1) IN GENERAL.—The Secretary, in consulta5 tion with the Secretary of State and the Secretary 

6 of the department in which the Coast Guard is oper7 ating, may promulgate such regulations as may be 

8 necessary and appropriate to carry out the inter9 national obligations of the United States under the 

10 South Pacific Fishery Resources Convention and 

11 this title, including decisions adopted by the Com12 mission. 

13 (2) APPLICABILITY.—Regulations promulgated 

14 under this subsection shall be applicable only to a 

15 person or fishing vessel that is or has engaged in 

16 fishing, and fisheries resources covered by the Con17 vention on the Conservation and Management of 

18 High Seas Fisheries Resources in the South Pacific 

19 Ocean under this title. 

20 (c) CONSISTENCY WITH OTHER LAWS.—The Sec21 retary shall ensure the consistency, to the extent prac22 ticable, of fishery management programs administered 

23 under this title, the Magnuson-Stevens Fishery Conserva24 tion and Management Act (16 U.S.C. 1801 et seq.), the 

25 Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), 


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1 the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 

2 seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 

3 note) (relating to Pacific albacore tuna), the Western and 

4 Central Pacific Fisheries Convention Implementation Act 

5 (16 U.S.C. 6901 et seq.), the National Oceanic and At6 mospheric Administration Authorization Act of 1992 

7 (Public Law 102–567) and the amendments made by that 

8 Act, and Public Law 100–629 (102 Stat. 3286). 

9 (d) JUDICIAL REVIEW OF REGULATIONS.— 

10 (1) IN GENERAL.—Regulations promulgated by 

11 the Secretary under this title shall be subject to ju12 dicial review to the extent authorized by, and in ac13 cordance with, chapter 7 of title 5, United States 

14 Code, if a petition for such review is filed not later 

15 than 30 days after the date on which the regulations 

16 are promulgated or the action is published in the 

17 Federal Register, as applicable. 

18 (2) RESPONSES.—Notwithstanding any other 

19 provision of law, the Secretary shall file a response 

20 to any petition filed in accordance with paragraph 

21 (1) not later than 30 days after the date the Sec22 retary is served with that petition, except that the 

23 appropriate court may extend the period for filing 

24 such a response upon a showing by the Secretary of 

25 good cause for that extension. 


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1 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

2 response of the Secretary under paragraph (2) shall 

3 include a copy of the administrative record for the 

4 regulations that are the subject of the petition. 

5 (4) EXPEDITED HEARINGS.—Upon a motion by 

6 the person who files a petition under this subsection, 

7 the appropriate court shall assign the matter for 

8 hearing at the earliest possible date. 

9 SEC. 205. ENFORCEMENT. 

10 (a) RESPONSIBILITY.—This title, and any regulations 

11 or permits issued under this title, shall be enforced by the 

12 Secretary and the Secretary of the department in which 

13 the Coast Guard is operating. Such Secretaries shall, and 

14 the head of any Federal or State agency that has entered 

15 into an agreement with either such Secretary under this 

16 section may (if the agreement so provides), authorize offi17 cers to enforce this title or any regulation promulgated 

18 under this title. Any officer so authorized may enforce this 

19 title in the same manner, by the same means, and with 

20 the same jurisdiction, powers, and duties as though sec21 tion 311 of the Magnuson-Stevens Fishery Conservation 

22 and Management Act (16 U.S.C. 1861) were incorporated 

23 into and made a part of this title. 

24 (b) ADMINISTRATION AND ENFORCEMENT.—The 

25 Secretary shall prevent any person from violating this title 


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1 in the same manner, by the same means, and with the 

2 same jurisdiction, powers, and duties as though sections 

3 308 through 311 of the Magnuson-Stevens Fishery Con4 servation and Management Act (16 U.S.C. 1858 through 

5 1861) were incorporated into and made a part of this title. 

6 Any person that violates this title shall be subject to the 

7 penalties, and entitled to the privileges and immunities, 

8 provided in the Magnuson-Stevens Fishery Conservation 

9 and Management Act (16 U.S.C. 1801 et seq.) in the same 

10 manner and by the same means as though sections 308 

11 through 311 of that Act (16 U.S.C. 1858 through 1861) 

12 were incorporated into and made a part of this title. 

13 (c) DISTRICT COURT JURISDICTION.—The district 

14 courts of the United States shall have jurisdiction over any 

15 actions arising under this section. Notwithstanding sub16 section (b), for the purpose of this section, for Hawaii or 

17 any possession of the United States in the Pacific Ocean, 

18 the appropriate court is the United States District Court 

19 for the District of Hawaii, except that in the case of Guam 

20 and Wake Island, the appropriate court is the United 

21 States District Court for the District of Guam, and except 

22 that in the case of the Northern Mariana Islands, the ap23 propriate court is the United States District Court for the 

24 District of the Northern Mariana Islands. Each violation 

25 shall be a separate offense and the offense is deemed to 


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1 have been committed not only in the district where the 

2 violation first occurred, but also in any other district as 

3 authorized by law. Any offenses not committed in any dis4 trict are subject to the venue provisions of section 3238 

5 of title 18, United States Code. 

6 SEC. 206. PROHIBITED ACTS. 

7 It is unlawful for any person— 

8 (1) to violate any provision of this title or of 

9 any regulation promulgated or permit issued under 

10 this title; 

11 (2) to use any fishing vessel to engage in fish12 ing without a valid permit or after the revocation, or 

13 during the period of suspension, of an applicable 

14 permit pursuant to this title; 

15 (3) to refuse to permit any officer authorized to 

16 enforce this title to board a fishing vessel subject to 

17 such person’s control for the purposes of conducting 

18 any investigation or inspection in connection with 

19 the enforcement of this title; 

20 (4) to assault, resist, oppose, impede, intimi21 date, or interfere with any such authorized officer in 

22 the conduct of any search, investigation, or inspec23 tion in connection with the enforcement of this title 

24 or any regulation promulgated or permit issued 

25 under this title; 


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1 (5) to resist a lawful arrest for any act prohib2 ited by this title or any regulation promulgated or 

3 permit issued under this title; 

4 (6) to knowingly and willfully ship, transport, 

5 offer for sale, sell, purchase, import, export, or have 

6 custody, control, or possession of, any fishery re7 sources taken or retained in violation of this title or 

8 any regulation or permit referred to in paragraph 

9 (1) or (2); 

10 (7) to interfere with, delay, or prevent, by any 

11 means, the apprehension or arrest of another person, 

12 knowing that such other person has committed any 

13 act prohibited by this title; 

14 (8) to knowingly and willfully submit to the 

15 Secretary false information, regarding any matter 

16 that the Secretary is considering in the course of 

17 carrying out this title; 

18 (9) to assault, resist, oppose, impede, intimi19 date, sexually harass, bribe, or interfere with any ob20 server on a vessel pursuant to the requirements of 

21 this title, or any data collector employed by the Na22 tional Oceanic and Atmospheric Administration or 

23 under contract to any person to carry out respon24 sibilities under this title; 


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1 (10) to knowingly and willfully ship, transport, 

2 purchase, sell, offer for sale, import, export, or have 

3 in their custody, possession, or control any fishery 

4 resources taken or retained in violation such regula5 tions; 

6 (11) to fail to make, keep, or furnish any catch 

7 returns, statistical records, or other reports as are 

8 required by regulations adopted pursuant to this 

9 title to be made, kept, or furnished; 

10 (12) to fail to stop a vessel upon being hailed 

11 and instructed to stop by a duly authorized official 

12 of the United States; 

13 (13) to import, in violation of any regulation 

14 promulgated under this title, any fishery resources 

15 in any form of those species subject to regulation 

16 pursuant to a decision of the Commission; 

17 (14) to make or submit any false record, ac18 count, or label for, or any false identification of, any 

19 fisheries resources that have been or are intended to 

20 be imported, exported, transported, sold, offered for 

21 sale, purchased, or received in interstate or foreign 

22 commerce; or 

23 (15) to refuse to authorize and accept boarding 

24 by a duly authorized inspector pursuant to proce25 dures adopted by the Commission for the boarding 


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1 and inspection of fishing vessels in the Convention 

2 Area. 

3 SEC. 207. COOPERATION IN CARRYING OUT THE CONVEN4 TION. 

5 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI6 TUTIONS AND ORGANIZATIONS.—The Secretary may co7 operate with agencies of the United States Government, 

8 any public or private institutions or organizations within 

9 the United States or abroad, and, through the Secretary 

10 of State, the duly authorized officials of the government 

11 of any party to the South Pacific Fishery Resources Con12 vention, in carrying out responsibilities under this title. 

13 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

14 AND PERSONNEL.—All Federal agencies may, upon the 

15 request of the Secretary, cooperate in the conduct of sci16 entific and other programs and to furnish facilities and 

17 personnel for the purpose of assisting the Commission in 

18 carrying out its duties under the South Pacific Fishery 

19 Resources Convention. 

20 (c) SANCTIONED FISHING OPERATIONS AND BIO21 LOGICAL EXPERIMENTS.—Nothing in this title, or in the 

22 laws or regulations of any State, prevents the Secretary 

23 or the Commission from— 


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1 (1) conducting or authorizing the conduct of 

2 fishing operations and biological experiments at any 

3 time for purposes of scientific investigation; or 

4 (2) discharging any other duties prescribed by 

5 the South Pacific Fishery Resources Convention. 

6 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

7 in this title shall be construed to diminish or to increase 

8 the jurisdiction of any State in the territorial sea of the 

9 United States. 

10 SEC. 208. TERRITORIAL PARTICIPATION. 

11 The Secretary of State shall ensure participation in 

12 the Commission and its subsidiary bodies by American 

13 Samoa, Guam, and the Commonwealth of the Northern 

14 Mariana Islands to the same extent provided to the terri15 tories of other nations. 

16 SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

17 Masters of commercial fishing vessels of countries 

18 fishing under the management authority of the South Pa19 cific Fisheries Convention that do not carry vessel moni20 toring systems capable of communicating with United 

21 States enforcement authorities shall, before or as soon as 

22 reasonably possible after, entering and transiting the ex23 clusive economic zone bounded by the Convention Area— 

24 (1) notify the Coast Guard of the name, flag 

25 state, location, route, and destination of the vessel 


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1 and of the circumstances under which it will enter 

2 United States waters; 

3 (2) ensure that all fishing gear on board the 

4 vessel is stowed below deck or otherwise removed 

5 from the place it is normally used for fishing activi6 ties and placed where it is not readily available for 

7 fishing activities; and 

8 (3) if requested by an enforcement officer, pro9 ceed to a specified location so that a vessel inspec10 tion can be conducted. 

11 TITLE III—WESTERN AND CEN12 TRAL PACIFIC FISHERIES 

13 COMMISSION 

14 SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL 

15 MEETINGS OF WESTERN AND CENTRAL PA16 CIFIC FISHERIES COMMISSION. 

17 (a) IN GENERAL.—The Western and Central Pacific 

18 Fisheries Convention Implementation Act is amended— 

19 (1) in section 503 (16 U.S.C. 6902)— 

20 (A) in subsection (a), by inserting ‘‘and 

21 commercial fishing’’ after ‘‘fish stocks’’; and 

22 (B) in subsection (d)(1), by adding at the 

23 end the following: 

24 ‘‘(E) No later than 15 days before each 

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1 sory Committee shall transmit to the United 

2 States Commissioners recommendations relat3 ing to the agenda of the annual meeting. The 

4 recommendations must be agreed to by a ma5 jority of the Advisory Committee members. The 

6 United States Commissioners shall consider 

7 such recommendations in the formulation of the 

8 United States position for the Commission 

9 meeting and during the negotiations at that 

10 meeting.’’; and 

11 (2) by redesignating section 511 (16 U.S.C. 

12 6910) as section 512, and inserting after section 

13 510 the following: 

14 ‘‘SEC. 511. UNITED STATES CONSERVATION, MANAGEMENT, 

15 AND ENFORCEMENT OBJECTIVES. 

16 ‘‘The Secretary, in consultation with the Secretary of 

17 State, shall initiate and conduct negotiations pursuant to 

18 this Act for the purpose of securing agreements that— 

19 ‘‘(1) minimize any disadvantage to United 

20 States fishermen in relation to other members of the 

21 Commission; 

22 ‘‘(2) maximize the opportunities for fishing ves23 sels of the United States to harvest fish stocks on 

24 the high seas in the Convention area, recognizing 

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1 sion, based on an analysis by the Scientific Com2 mittee established by the Western and Central Pa3 cific Convention, determines that limiting the access 

4 of fishing vessels of the United States to the high 

5 seas is necessary for the conservation of fish stocks 

6 subject to the Convention; 

7 ‘‘(3) prevent any requirement for the transfer 

8 to other nations or foreign entities of the fishing ca9 pacity, fishing capacity rights, or fishing vessels of 

10 the United States or its territories; and 

11 ‘‘(4) ensure that conservation and management 

12 measures take into consideration traditional fishing 

13 patterns of fishing vessels of the United States and 

14 the operating requirements of the fisheries covered 

15 by the Western and Central Pacific Convention.’’. 

16 (b) CONFORMING AMENDMENT.—Section 1(b) of the 

17 Magnuson-Stevens Fishery Conservation and Manage18 ment Reauthorization Act of 2006 is amended in the table 

19 of contents by striking the item relating to section 511 

20 (121 Stat. 3576) and inserting the following: 

‘‘Sec. 511. United States conservation, management, and enforcement objectives. 

‘‘Sec. 512. Authorization of appropriations.’’. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS