II 

114TH CONGRESS 

2D SESSION H. R. 4576 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 13, 2016 

Received 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

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

3 Pacific Fisheries Act’’. 

4 TITLE I—NORTH PACIFIC FISH5 ERIES CONVENTION IMPLE6 MENTATION 

7 SEC. 101. DEFINITIONS. 

8 In this title: 

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

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

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

16 (3) 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 (4) 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 (5) 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, con12 sistent with international law. 

13 (6) FISHERIES RESOURCES.— 

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

15 subparagraph (B), the term ‘‘fisheries re16 sources’’ means all fish, mollusks, crustaceans, 

17 and other marine species caught by a fishing 

18 vessel within the Convention Area, as well as 

19 any products thereof. 

20 (B) EXCLUSIONS.—The term ‘‘fisheries re21 sources’’ does not include— 

22 (i) sedentary species insofar as they 

23 are subject to the sovereign rights of coast24 al nations consistent with Article 77, para25 graph 4 of the 1982 Convention and indiVerDate Sep 11 2014 23:17 Sep 15, 2016 Jkt 059200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.RDS H4576

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1 cator species of vulnerable marine eco2 systems as listed in, or adopted pursuant 

3 to, Article 13, paragraph 5 of the North 

4 Pacific Fisheries Convention; 

5 (ii) catadromous species; 

6 (iii) marine mammals, marine reptiles, 

7 or seabirds; or 

8 (iv) other marine species already cov9 ered by preexisting international fisheries 

10 management instruments within the area 

11 of competence of such instruments. 

12 (7) FISHING ACTIVITIES.— 

13 (A) IN GENERAL.—The term ‘‘fishing ac14 tivities’’ means— 

15 (i) the actual or attempted searching 

16 for, catching, taking, or harvesting of fish17 eries resources; 

18 (ii) engaging in any activity that can 

19 reasonably be expected to result in the lo20 cating, catching, taking, or harvesting of 

21 fisheries resources for any purpose; 

22 (iii) the processing of fisheries re23 sources at sea; 

24 (iv) the transshipment of fisheries re25 sources at sea or in port; or 


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1 (v) any operation at sea in direct sup2 port of, or in preparation for, any activity 

3 described in clauses (i) through (iv), in4 cluding transshipment. 

5 (B) EXCLUSIONS.—The term ‘‘fishing ac6 tivities’’ does not include any operation related 

7 to an emergency involving the health or safety 

8 of a crew member or the safety of a fishing ves9 sel. 

10 (8) FISHING VESSEL.—The term ‘‘fishing ves11 sel’’ means any vessel used or intended for use for 

12 the purpose of engaging in fishing activities, includ13 ing a processing vessel, a support ship, a carrier ves14 sel, or any other vessel directly engaged in such fish15 ing activities. 

16 (9) HIGH SEAS.—The term ‘‘high seas’’ does 

17 not include an area that is within the exclusive eco18 nomic zone of the United States or of any other 

19 country. 

20 (10) NORTH PACIFIC FISHERIES CONVEN21 TION.—The term ‘‘North Pacific Fisheries Conven22 tion’’ means the Convention on the Conservation and 

23 Management of the High Seas Fisheries Resources 

24 in the North Pacific Ocean (including any annexes, 

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


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

2 adopted at Tokyo on February 24, 2012. 

3 (11) PERSON.—The term ‘‘person’’ means— 

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

5 or national of the United States; 

6 (B) any corporation, partnership, associa7 tion, or other entity, whether or not organized 

8 or existing under the laws of any State; or 

9 (C) any Federal, State, local, tribal, or for10 eign government or any entity of such govern11 ment. 

12 (12) SECRETARY.—Except as otherwise specifi13 cally provided, the term ‘‘Secretary’’ means the Sec14 retary of Commerce. 

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

16 the several States of the United States, the District 

17 of Columbia, the Commonwealth of the Northern 

18 Mariana Islands, American Samoa, Guam, and any 

19 other commonwealth, territory, or possession of the 

20 United States. 

21 (14) STRADDLING STOCK.—The term ‘‘strad22 dling stock’’ means a stock of fisheries resources 

23 that migrates between, or occurs in, the economic 

24 exclusion zone of one or more parties to the Conven25 tion and the Convention Area. 


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1 (15) TRANSSHIPMENT.—The term ‘‘trans2 shipment’’ means the unloading of any fisheries re3 sources taken in the Convention Area from one fish4 ing vessel to another fishing vessel either at sea or 

5 in port. 

6 (16) 1982 CONVENTION.—The term ‘‘1982 

7 Convention’’ means the United Nations Convention 

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

9 SEC. 102. UNITED STATES PARTICIPATION IN THE NORTH 

10 PACIFIC FISHERIES CONVENTION. 

11 (a) UNITED STATES COMMISSIONERS.— 

12 (1) NUMBER OF COMMISSIONERS.—The United 

13 States shall be represented on the Commission by 

14 five United States Commissioners. 

15 (2) SELECTION OF COMMISSIONERS.—The 

16 Commissioners shall be as follows: 

17 (A) APPOINTMENT BY THE PRESIDENT.— 

18 (i) IN GENERAL.—Two of the Com19 missioners shall be appointed by the Presi20 dent and shall be an officer or employee 

21 of— 

22 (I) the Department of Commerce; 

23 (II) the Department of State; or 

24 (III) the Coast Guard. 


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1 (ii) SELECTION CRITERIA.—In making 

2 each appointment under clause (i), the 

3 President shall select a Commissioner from 

4 among individuals who are knowledgeable 

5 or experienced concerning fisheries re6 sources in the North Pacific Ocean. 

7 (B) NORTH PACIFIC FISHERY MANAGE8 MENT COUNCIL.—One Commissioner shall be 

9 the chairman of the North Pacific Fishery Man10 agement Council or a designee of such chair11 man. 

12 (C) PACIFIC FISHERY MANAGEMENT COUN13 CIL.—One Commissioner shall be the chairman 

14 of the Pacific Fishery Management Council or 

15 a designee of such chairperson. 

16 (D) WESTERN PACIFIC FISHERY MANAGE17 MENT COUNCIL.—One Commissioner shall be 

18 the chairman of the Western Pacific Fishery 

19 Management Council or a designee of such 

20 chairperson. 

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

22 vacancy in a position as a Commissioner appointed under 

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

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

25 periods of time considered appropriate an alternate ComVerDate Sep 11 2014 23:17 Sep 15, 2016 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.RDS H4576

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1 missioner to the Commission. An alternate Commissioner 

2 may exercise all powers and duties of a Commissioner in 

3 the absence of a Commissioner appointed under subsection 

4 (a), and shall serve the remainder of the term of the ab5 sent Commissioner for which designated. 

6 (c) ADMINISTRATIVE MATTERS.— 

7 (1) EMPLOYMENT STATUS.—An individual serv8 ing as a Commissioner, or an alternative 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 SEC. 103. AUTHORITY AND RESPONSIBILITY OF THE SEC8 RETARY OF STATE. 

9 The Secretary of State may— 

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

11 United States, reports, requests, recommendations, 

12 proposals, decisions, and other communications of 

13 and to the Commission; 

14 (2) in consultation with the Secretary, act 

15 upon, or refer to another appropriate authority, any 

16 communication received pursuant to paragraph (1); 

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

18 in accordance with the Convention, object to the de19 cisions of the Commission; and 

20 (4) request and utilize on a reimbursed or non21 reimbursed basis the assistance, services, personnel, 

22 equipment, and facilities of other Federal depart23 ments and agencies, foreign governments or agen24 cies, or international intergovernmental organizaVerDate Sep 11 2014 23:17 Sep 15, 2016 Jkt 059200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.RDS H4576

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1 tions, in the conduct of scientific research and other 

2 programs under this title. 

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

4 (a) PROMULGATION OF REGULATIONS.— 

5 (1) AUTHORITY.—The Secretary, in consulta6 tion with the Secretary of State and, with respect to 

7 enforcement measures, the Secretary of the depart8 ment in which the Coast Guard is operating, may 

9 promulgate such regulations as may be necessary to 

10 carry out the United States international obligations 

11 under the North Pacific Fisheries Convention and 

12 this title, including recommendations and decisions 

13 adopted by the Commission. 

14 (2) REGULATIONS OF STRADDLING STOCKS.— 

15 In the implementation of a measure adopted by the 

16 Commission that would govern a straddling stock 

17 under the authority of a Council, any regulation pro18 mulgated by the Secretary to implement such meas19 ure within the exclusive economic zone shall be ap20 proved by such Council. 

21 (b) RULE OF CONSTRUCTION.—Regulations promul22 gated under subsection (a) shall be applicable only to a 

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

24 activities, or fisheries resources covered by the North Pa25 cific Fisheries Convention under this title. 


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1 (c) ADDITIONAL AUTHORITY.—The Secretary may 

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

3 nonreimbursed basis the assistance, services, personnel, 

4 equipment, and facilities of other Federal departments 

5 and agencies in— 

6 (1) scientific, research, and other programs 

7 under this title; 

8 (2) fishing operations and biological experi9 ments for purposes of scientific investigation or 

10 other purposes necessary to implement the North 

11 Pacific Fisheries Convention; 

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

13 such information as may be necessary to implement 

14 the North Pacific Fisheries Convention, subject to 

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

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

17 Fishery Conservation and Management Act (16 

18 U.S.C. 1881a(b)); 

19 (4) the issuance of permits to owners and oper20 ators of United States vessels to engage in fishing 

21 activities in the Convention Area seaward of the ex22 clusive economic zone of the United States, under 

23 such terms and conditions as the Secretary may pre24 scribe, including the period of time that a permit is 

25 valid; and 


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1 (5) if recommended by the United States Com2 missioners, the assessment and collection of fees, not 

3 to exceed 3 percent of the ex-vessel value of fisheries 

4 resources harvested by vessels of the United States 

5 in fisheries conducted in the Convention Area, to re6 cover the actual costs to the United States to carry 

7 out the functions of the Secretary under this title. 

8 (d) CONSISTENCY WITH OTHER LAWS.—The Sec9 retary shall ensure the consistency, to the extent prac10 ticable, of fishery management programs administered 

11 under this title, the Magnuson-Stevens Fishery Conserva12 tion and Management Act (16 U.S.C. 1801 et seq.), the 

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

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

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

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

17 Central Pacific Fisheries Convention Implementation Act 

18 (16 U.S.C. 6901 et seq.), the National Oceanic and At19 mospheric Administration Authorization Act of 1992 

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

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

22 (e) JUDICIAL REVIEW OF REGULATIONS.— 

23 (1) IN GENERAL.—Regulations promulgated by 

24 the Secretary under this title shall be subject to ju25 dicial review to the extent authorized by, and in acVerDate Sep 11 2014 23:17 Sep 15, 2016 Jkt 059200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.RDS H4576

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1 cordance with, chapter 7 of title 5, United States 

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

3 than 30 days after the date on which the regulations 

4 are promulgated. 

5 (2) RESPONSES.—Notwithstanding any other 

6 provision of law, the Secretary shall file a response 

7 to any petition filed in accordance with paragraph 

8 (1), not later than 30 days after the date the Sec9 retary is served with that petition, except that the 

10 appropriate court may extend the period for filing 

11 such a response upon a showing by the Secretary of 

12 good cause for that extension. 

13 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

14 response of the Secretary under paragraph (2) shall 

15 include a copy of the administrative record for the 

16 regulations that are the subject of the petition. 

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

18 the person who files a petition under this subsection, 

19 the appropriate court shall assign the matter for 

20 hearing at the earliest possible date. 

21 SEC. 105. ENFORCEMENT. 

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

23 of the department in which the Coast Guard is oper24 ating— 


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1 (1) shall administer and enforce this title and 

2 any regulations issued under this title; 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.—The Secretary and the 

9 Secretary of the department in which the Coast Guard is 

10 operating shall prevent any person from violating this title 

11 with respect to fishing activities or the conservation of 

12 fisheries resources in the Convention Area in the same 

13 manner, by the same means, and with the same jurisdic14 tion, powers, and duties as though sections 308 through 

15 311 of the Magnuson-Stevens Fishery Conservation and 

16 Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) 

17 were incorporated into and made a part of this title. Any 

18 person that violates this title is subject to the penalties 

19 and entitled to the privileges and immunities provided in 

20 the Magnuson-Stevens Fishery Conservation and Manage21 ment Act (16 U.S.C. 1801 et seq.) in the same manner, 

22 by the same means, and with the same jurisdiction, power, 

23 and duties as though sections 308 through 311 of that 

24 Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incor25 porated into and made a part of this title. 


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1 (c) JURISDICTION OF THE COURTS.— 

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

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

4 shall have jurisdiction over any case or controversy 

5 arising under this title, and any such court may at 

6 any time— 

7 (A) enter restraining orders or prohibi8 tions; 

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

10 other process; 

11 (C) prescribe and accept satisfactory bonds 

12 or other security; and 

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

14 interest of justice. 

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

16 the case of Hawaii or any possession of the United 

17 States in the Pacific Ocean, the appropriate court is 

18 the United States District Court for the District of 

19 Hawaii, except that— 

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

21 the appropriate court is the United States Dis22 trict Court for the District of Guam; and 

23 (B) in the case of the Northern Mariana 

24 Islands, the appropriate court is the United 


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1 States District Court for the District of the 

2 Northern Mariana Islands. 

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

4 separate offense and the offense is deemed to have 

5 been committed not only in the district where the 

6 violation first occurred, but also in any other district 

7 authorized by law. Any offense not committed in any 

8 district is subject to the venue provisions of section 

9 3238 of title 18, United States Code. 

10 (d) CONFIDENTIALITY.— 

11 (1) IN GENERAL.—Any information submitted 

12 to the Secretary in compliance with any requirement 

13 under this title, and information submitted under 

14 any requirement of this title that may be necessary 

15 to implement the Convention, including information 

16 submitted before the date of the enactment of this 

17 Act, shall be confidential and may not be disclosed, 

18 except— 

19 (A) to a Federal employee who is respon20 sible for administering, implementing, or en21 forcing this title; 

22 (B) to the Commission, in accordance with 

23 requirements in the North Pacific Fisheries 

24 Convention and decisions of the Commission, 

25 and, insofar as possible, in accordance with an 


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1 agreement with the Commission that prevents 

2 public disclosure of the identity or business of 

3 any person; 

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

5 commission employees pursuant to an agree6 ment with the Secretary that prevents public 

7 disclosure of the identity or business of any per8 son; 

9 (D) when required by court order; or 

10 (E) when the Secretary has obtained writ11 ten authorization from the person submitting 

12 such information to release such information to 

13 another person for a reason not otherwise pro14 vided for in this paragraph, and such release 

15 does not violate other requirements of this title. 

16 (2) USE OF INFORMATION.— 

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

18 subparagraph (B), the Secretary shall promul19 gate regulations regarding the procedures the 

20 Secretary considers necessary to preserve the 

21 confidentiality of information submitted under 

22 this title. 

23 (B) EXCEPTION.—The Secretary may re24 lease or make public information submitted 

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1 gregate or summary form that does not directly 

2 or indirectly disclose the identity or business of 

3 any person. 

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

5 subsection shall be interpreted or construed to pre6 vent the use for conservation and management pur7 poses by the Secretary of any information submitted 

8 under this title. 

9 SEC. 106. PROHIBITED ACTS. 

10 It is unlawful for any person— 

11 (1) to violate this title or any regulation or per12 mit issued under this title; 

13 (2) to use any fishing vessel to engage in fish14 ing activities without, or after the revocation or dur15 ing the period of suspension of, an applicable permit 

16 issued pursuant to this title; 

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

18 enforce this title to board a fishing vessel subject to 

19 such person’s control for the purposes of conducting 

20 any search, investigation, or inspection in connection 

21 with the enforcement of this title or any regulation, 

22 permit, or the North Pacific Fisheries Convention; 

23 (4) to assault, resist, oppose, impede, intimi24 date, or interfere with any such authorized officer in 

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1 tion in connection with the enforcement of this title 

2 or any regulation, permit, or the North Pacific Fish3 eries Convention; 

4 (5) to resist a lawful arrest for any act prohib5 ited by this title or any regulation promulgated or 

6 permit issued under this title; 

7 (6) to ship, transport, offer for sale, sell, pur8 chase, import, export, or have custody, control, or 

9 possession of, any fisheries resources taken or re10 tained in violation of this title or any regulation or 

11 permit referred to in paragraph (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 submit to the Secretary false information 

17 (including false information regarding the capacity 

18 and extent to which a United States fish processor, 

19 on an annual basis, will process a portion of the op20 timum yield of a fishery that will be harvested by 

21 fishing vessels of the United States), regarding any 

22 matter that the Secretary is considering in the 

23 course of carrying out this title; 

24 (9) to assault, resist, oppose, impede, intimi25 date, sexually harass, bribe, or interfere with any obVerDate Sep 11 2014 23:17 Sep 15, 2016 Jkt 059200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.RDS H4576

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1 server on a vessel under this title, or any data col2 lector employed by or under contract to any person 

3 to carry out responsibilities under this title; 

4 (10) to engage in fishing activities in violation 

5 of any regulation adopted pursuant to this title; 

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

7 returns, statistical records, or other reports required 

8 by regulations adopted pursuant to this title to be 

9 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 adopted pursuant to this title, any fisheries re15 sources in any form of those species subject to regu16 lation pursuant to a recommendation, resolution, or 

17 decision of the Commission, or any fisheries re18 sources in any form not under regulation but under 

19 investigation by the Commission, during the period 

20 such fisheries resources have been denied entry in 

21 accordance with this title; 

22 (14) to make or submit any false record, ac23 count, or label for, or any false identification of, any 

24 fisheries resources that have been, or are intended to 

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


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1 sale, purchased, or received in interstate or foreign 

2 commerce; or 

3 (15) to refuse to authorize and accept boarding 

4 by a duly authorized inspector pursuant to proce5 dures adopted by the Commission for the boarding 

6 and inspection of fishing vessels in the Convention 

7 Area. 

8 SEC. 107. COOPERATION IN CARRYING OUT CONVENTION. 

9 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI10 TUTIONS AND ORGANIZATIONS.—The Secretary may co11 operate with any Federal agency, any public or private in12 stitution or organization within the United States or 

13 abroad, and, through the Secretary of State, a duly au14 thorized official of the government of any party to the 

15 North Pacific Fisheries Convention, in carrying out re16 sponsibilities under this title. 

17 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

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

19 request of the Secretary, cooperate in the conduct of sci20 entific and other programs and furnish facilities and per21 sonnel for the purpose of assisting the Commission in car22 rying out its duties under the North Pacific Fisheries Con23 vention. 

24 (c) SANCTIONED FISHING OPERATIONS AND BIO25 LOGICAL EXPERIMENTS.—Nothing in this title, or in the 


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1 laws of any State, prevents the Secretary or the Commis2 sion from— 

3 (1) conducting or authorizing the conduct of 

4 fishing operations and biological experiments at any 

5 time for purposes of scientific investigation; or 

6 (2) discharging any other duties prescribed by 

7 the North Pacific Fisheries Convention. 

8 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

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

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

11 United States. 

12 SEC. 108. TERRITORIAL PARTICIPATION. 

13 The Secretary of State shall ensure participation in 

14 the Commission and its subsidiary bodies by the Common15 wealth of the Northern Mariana Islands, American 

16 Samoa, and Guam to the extent allowed under United 

17 States law. 

18 SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

19 Masters of commercial fishing vessels of countries 

20 fishing under the management authority of the North Pa21 cific Fisheries Convention that do not carry vessel moni22 toring systems capable of communicating with United 

23 States enforcement authorities shall, prior to or as soon 

24 as reasonably possible after, entering and transiting the 

25 exclusive economic zone bounded by the Convention Area, 


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1 ensure that all fishing gear on board the vessel is stowed 

2 below deck or otherwise removed from the place it is nor3 mally used for fishing activities and placed where it is not 

4 readily available for fishing activities. 

5 TITLE II—IMPLEMENTATION OF 

6 THE CONVENTION ON THE 

7 CONSERVATION AND MAN8 AGEMENT OF HIGH SEAS 

9 FISHERY RESOURCES IN THE 

10 SOUTH PACIFIC OCEAN 

11 SEC. 201. DEFINITIONS. 

12 In this title: 

13 (1) 1982 CONVENTION.—The term ‘‘1982 Con14 vention’’ means the United Nations Convention on 

15 the Law of the Sea of 10 December 1982. 

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

17 means the Commission of the South Pacific Regional 

18 Fisheries Management Organization established in 

19 accordance with the South Pacific Fishery Resources 

20 Convention. 

21 (3) CONVENTION AREA.—The term ‘‘Conven22 tion Area’’ means the area to which the Convention 

23 on the Conservation and Management of High Seas 

24 Fishery Resources in the South Pacific Ocean ap25 plies under Article 5 of such Convention. 


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

2 Western Pacific Regional Fishery Management 

3 Council. 

4 (5) 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, con13 sistent with international law. 

14 (6) FISHERY RESOURCES.—The term ‘‘fishery 

15 resources’’ means all fish, mollusks, crustaceans, 

16 and other marine species, and any products thereof, 

17 caught by a fishing vessel within the Convention 

18 Area, but excluding— 

19 (A) sedentary species insofar as they are 

20 subject to the national jurisdiction of coastal 

21 States pursuant to Article 77 paragraph 4 of 

22 the 1982 Convention; 

23 (B) highly migratory species listed in 

24 Annex I of the 1982 Convention; 


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1 (C) anadromous and catadromous species; 

2 and 

3 (D) marine mammals, marine reptiles and 

4 sea birds. 

5 (7) FISHING.—The term ‘‘fishing’’— 

6 (A) except as provided in subparagraph 

7 (B), means— 

8 (i) the actual or attempted searching 

9 for, catching, taking, or harvesting of fish10 ery resources; 

11 (ii) engaging in any activity that can 

12 reasonably be expected to result in the lo13 cating, catching, taking or harvesting of 

14 fishery resources for any purpose; 

15 (iii) transshipment and any operation 

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

17 any activity described in this subpara18 graph; and 

19 (iv) the use of any vessel, vehicle, air20 craft, or hovercraft in relation to any activ21 ity described in this subparagraph; and 

22 (B) does not include any operation related 

23 to emergencies involving the health and safety 

24 of crew members or the safety of a fishing ves25 sel. 


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1 (8) FISHING VESSEL.—The term ‘‘fishing ves2 sel’’ means any vessel used or intended to be used 

3 for fishing, including any fish processing vessel sup4 port ship, carrier vessel, or any other vessel directly 

5 engaged in fishing operations. 

6 (9) PERSON.—The term ‘‘person’’ means any 

7 individual (whether or not a citizen or national of 

8 the United States); any corporation, partnership, as9 sociation, or other entity (whether or not organized 

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

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

12 entity of any such government. 

13 (10) SECRETARY.—The term ‘‘Secretary’’ 

14 means the Secretary of Commerce. 

15 (11) SOUTH PACIFIC FISHERY RESOURCES CON16 VENTION.—The term ‘‘South Pacific Fishery Re17 sources Convention’’ means the Convention on the 

18 Conservation and Management of the High Seas 

19 Fishery Resources in the South Pacific Ocean (in20 cluding any annexes, amendments, or protocols that 

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

22 States), which was adopted at Auckland, New Zea23 land, on November 14, 2009, by the International 

24 Consultations on the Proposed South Pacific Re25 gional Fisheries Management Organization. 


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1 (12) STATE.—The term ‘‘State’’ means each of 

2 the several States of the United States, the District 

3 of Columbia, the Commonwealth of the Northern 

4 Mariana Islands, American Samoa, Guam, and any 

5 other commonwealth, territory, or possession of the 

6 United States. 

7 SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED 

8 STATES COMMISSIONERS. 

9 (a) APPOINTMENT.— 

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

11 represented on the Commission by not more than 

12 three Commissioners. In making each appointment, 

13 the President shall select a Commissioner from 

14 among individuals who are knowledgeable or experi15 enced concerning fishery resources in the South Pa16 cific Ocean. 

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

18 Commissioners shall be— 

19 (A) serving at the pleasure of the Presi20 dent, an officer or employee of— 

21 (i) the Department of Commerce; 

22 (ii) the Department of State; or 

23 (iii) the Coast Guard; and 

24 (B) the chairperson or designee of the 

25 Council. 


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1 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

2 State, in consultation with the Secretary, may designate 

3 from time to time and for periods of time considered ap4 propriate an alternate Commissioner to the Commission. 

5 An alternate Commissioner may exercise all powers and 

6 duties of a Commissioner in the absence of a Commis7 sioner appointed under subsection (a). 

8 (c) ADMINISTRATIVE MATTERS.— 

9 (1) EMPLOYMENT STATUS.—An individual serv10 ing as a Commissioner, or as an alternate Commis11 sioner, other than an officer or employee of the 

12 United States Government, shall not be considered 

13 a Federal employee, except for the purposes of in14 jury compensation or tort claims liability as provided 

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

16 chapter 171 of title 28, United States Code. 

17 (2) COMPENSATION.—An individual serving as 

18 a Commissioner or an alternate Commissioner, al19 though an officer of the United States while so serv20 ing, shall receive no compensation for the individ21 ual’s services as such Commissioner or alternate 

22 Commissioner. 

23 (3) TRAVEL EXPENSES.— 

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

25 shall pay the necessary travel expenses of a 


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1 Commissioner or an alternate Commissioner in 

2 accordance with the Federal Travel Regulations 

3 and sections 5701, 5702, 5704 through 5708, 

4 and 5731 of title 5, United States Code. 

5 (B) REIMBURSEMENT.—The Secretary 

6 may reimburse the Secretary of State for 

7 amounts expended by the Secretary of State 

8 under this paragraph. 

9 SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SEC10 RETARY OF STATE. 

11 The Secretary of State may— 

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

13 United States, reports, requests, recommendations, 

14 proposals, decisions, and other communications of 

15 and to the Commission; 

16 (2) in consultation with the Secretary, act 

17 upon, or refer to other appropriate authority, any 

18 communication pursuant to paragraph (1); and 

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

20 in accordance with the South Pacific Fishery Re21 sources Convention, object to decisions of the Com22 mission. 

23 SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULE24 MAKING AUTHORITY. 

25 (a) RESPONSIBILITIES.—The Secretary may— 


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1 (1) administer this title and any regulations 

2 issued under this title, except to the extent otherwise 

3 provided for in this title; 

4 (2) issue permits to vessels subject to the juris5 diction of the United States, and to owners and op6 erators of such vessels, to fish in the Convention 

7 Area, under such terms and conditions as the Sec8 retary may prescribe; and 

9 (3) if recommended by the United States Com10 missioners, assess and collect fees, not to exceed 3 

11 percent of the ex-vessel value of fisheries resources 

12 harvested by vessels of the United States in fisheries 

13 conducted in the Convention Area, to recover the ac14 tual costs to the United States to carry out the func15 tions of the Secretary under this title. 

16 (b) PROMULGATION OF REGULATIONS.— 

17 (1) IN GENERAL.—The Secretary, in consulta18 tion with the Secretary of State and the Secretary 

19 of the department in which the Coast Guard is oper20 ating, may promulgate such regulations as may be 

21 necessary and appropriate to carry out the inter22 national obligations of the United States under the 

23 South Pacific Fishery Resources Convention and 

24 this title, including decisions adopted by the Com25 mission. 


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1 (2) APPLICABILITY.—Regulations promulgated 

2 under this subsection shall be applicable only to a 

3 person or fishing vessel that is or has engaged in 

4 fishing, and fishery resources covered by the Con5 vention on the Conservation and Management of 

6 High Seas Fishery Resources in the South Pacific 

7 Ocean under this title. 

8 (c) CONSISTENCY WITH OTHER LAWS.—The Sec9 retary shall ensure the consistency, to the extent prac10 ticable, of fishery management programs administered 

11 under this title, the Magnuson-Stevens Fishery Conserva12 tion and Management Act (16 U.S.C. 1801 et seq.), the 

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

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

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

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

17 Central Pacific Fisheries Convention Implementation Act 

18 (16 U.S.C. 6901 et seq.), the National Oceanic and At19 mospheric Administration Authorization Act of 1992 

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

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

22 (d) JUDICIAL REVIEW OF REGULATIONS.— 

23 (1) IN GENERAL.—Regulations promulgated by 

24 the Secretary under this title shall be subject to ju25 dicial review to the extent authorized by, and in acVerDate Sep 11 2014 23:17 Sep 15, 2016 Jkt 059200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.RDS H4576

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1 cordance with, chapter 7 of title 5, United States 

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

3 than 30 days after the date on which the regulations 

4 are promulgated or the action is published in the 

5 Federal Register, as applicable. 

6 (2) RESPONSES.—Notwithstanding any other 

7 provision of law, the Secretary shall file a response 

8 to any petition filed in accordance with paragraph 

9 (1) not later than 30 days after the date the Sec10 retary is served with that petition, except that the 

11 appropriate court may extend the period for filing 

12 such a response upon a showing by the Secretary of 

13 good cause for that extension. 

14 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

15 response of the Secretary under paragraph (2) shall 

16 include a copy of the administrative record for the 

17 regulations that are the subject of the petition. 

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

19 the person who files a petition under this subsection, 

20 the appropriate court shall assign the matter for 

21 hearing at the earliest possible date. 

22 SEC. 205. ENFORCEMENT. 

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

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

25 Secretary and the Secretary of the department in which 


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

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

3 into an agreement with either such Secretary under this 

4 section may (if the agreement so provides), authorize offi5 cers to enforce this title or any regulation promulgated 

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

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

8 the same jurisdiction, powers, and duties as though sec9 tion 311 of the Magnuson-Stevens Fishery Conservation 

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

11 into and made a part of this title. 

12 (b) ADMINISTRATION AND ENFORCEMENT.—The 

13 Secretary shall prevent any person from violating this title 

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

15 same jurisdiction, powers, and duties as though sections 

16 308 through 311 of the Magnuson-Stevens Fishery Con17 servation and Management Act (16 U.S.C. 1858 through 

18 1861) were incorporated into and made a part of this title. 

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

20 penalties, and entitled to the privileges and immunities, 

21 provided in the Magnuson-Stevens Fishery Conservation 

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

23 manner and by the same means as though sections 308 

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

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


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1 (c) DISTRICT COURT JURISDICTION.—The district 

2 courts of the United States shall have jurisdiction over any 

3 actions arising under this section. Notwithstanding sub4 section (b), for the purpose of this section, for Hawaii or 

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

6 the appropriate court is the United States District Court 

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

8 and Wake Island, the appropriate court is the United 

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

10 that in the case of the Northern Mariana Islands, the ap11 propriate court is the United States District Court for the 

12 District of the Northern Mariana Islands. Each violation 

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

14 have been committed not only in the district where the 

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

16 authorized by law. Any offenses not committed in any dis17 trict are subject to the venue provisions of section 3238 

18 of title 18, United States Code. 

19 SEC. 206. PROHIBITED ACTS. 

20 It is unlawful for any person— 

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

22 any regulation promulgated or permit issued under 

23 this title; 

24 (2) to use any fishing vessel to engage in fish25 ing without a valid permit or after the revocation, or 


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1 during the period of suspension, of an applicable 

2 permit pursuant to this title; 

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

4 enforce this title to board a fishing vessel subject to 

5 such person’s control for the purposes of conducting 

6 any investigation or inspection in connection with 

7 the enforcement of this title; 

8 (4) to assault, resist, oppose, impede, intimi9 date, or interfere with any such authorized officer in 

10 the conduct of any search, investigation, or inspec11 tion in connection with the enforcement of this title 

12 or any regulation promulgated or permit issued 

13 under this title; 

14 (5) to resist a lawful arrest for any act prohib15 ited by this title or any regulation promulgated or 

16 permit issued under this title; 

17 (6) to ship, transport, offer for sale, sell, pur18 chase, import, export, or have custody, control, or 

19 possession of, any fishery resources taken or re20 tained in violation of this title or any regulation or 

21 permit referred to in paragraph (1) or (2); 

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

23 means, the apprehension or arrest of another person, 

24 knowing that such other person has committed any 

25 act prohibited by this title; 


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1 (8) to submit to the Secretary false informa2 tion, regarding any matter that the Secretary is con3 sidering in the course of carrying out this title; 

4 (9) to assault, resist, oppose, impede, intimi5 date, sexually harass, bribe, or interfere with any ob6 server on a vessel pursuant to the requirements of 

7 this title, or any data collector employed by the Na8 tional Oceanic and Atmospheric Administration or 

9 under contract to any person to carry out respon10 sibilities under this title; 

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

12 returns, statistical records, or other reports as are 

13 required by regulations adopted pursuant to this 

14 title to be made, kept, or furnished; 

15 (11) to fail to stop a vessel upon being hailed 

16 and instructed to stop by a duly authorized official 

17 of the United States; 

18 (12) to import, in violation of any regulation 

19 promulgated under this title, any fishery resources 

20 in any form of those species subject to regulation 

21 pursuant to a decision of the Commission; 

22 (13) to make or submit any false record, ac23 count, or label for, or any false identification of, any 

24 fishery resources that have been or are intended to 

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


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1 sale, purchased, or received in interstate or foreign 

2 commerce; or 

3 (14) to refuse to authorize and accept boarding 

4 by a duly authorized inspector pursuant to proce5 dures adopted by the Commission for the boarding 

6 and inspection of fishing vessels in the Convention 

7 Area. 

8 SEC. 207. COOPERATION IN CARRYING OUT THE CONVEN9 TION. 

10 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI11 TUTIONS AND ORGANIZATIONS.—The Secretary may co12 operate with agencies of the United States Government, 

13 any public or private institutions or organizations within 

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

15 of State, the duly authorized officials of the government 

16 of any party to the South Pacific Fishery Resources Con17 vention, in carrying out responsibilities under this title. 

18 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

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

20 request of the Secretary, cooperate in the conduct of sci21 entific and other programs and to furnish facilities and 

22 personnel for the purpose of assisting the Commission in 

23 carrying out its duties under the South Pacific Fishery 

24 Resources Convention. 


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1 (c) SANCTIONED FISHING OPERATIONS AND BIO2 LOGICAL EXPERIMENTS.—Nothing in this title, or in the 

3 laws or regulations of any State, prevents the Secretary 

4 or the Commission from— 

5 (1) conducting or authorizing the conduct of 

6 fishing operations and biological experiments at any 

7 time for purposes of scientific investigation; or 

8 (2) discharging any other duties prescribed by 

9 the South Pacific Fishery Resources Convention. 

10 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

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

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

13 United States. 

14 SEC. 208. TERRITORIAL PARTICIPATION. 

15 The Secretary of State shall ensure participation in 

16 the Commission and its subsidiary bodies by American 

17 Samoa, Guam, and the Commonwealth of the Northern 

18 Mariana Islands to the extent allowed under United States 

19 law. 

20 SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

21 Masters of commercial fishing vessels of countries 

22 fishing under the management authority of the South Pa23 cific Fisheries Convention that do not carry vessel moni24 toring systems capable of communicating with United 

25 States enforcement authorities shall, before or as soon as 


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1 reasonably possible after, entering and transiting the ex2 clusive economic zone bounded by the Convention Area, 

3 ensure that all fishing gear on board the vessel is stowed 

4 below deck or otherwise removed from the place it is nor5 mally used for fishing activities and placed where it is not 

6 readily available for fishing activities. 

7 TITLE III—WESTERN AND CEN8 TRAL PACIFIC FISHERIES 

9 COMMISSION 

10 SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL 

11 MEETINGS OF WESTERN AND CENTRAL PA12 CIFIC FISHERIES COMMISSION. 

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

14 Fisheries Convention Implementation Act is amended— 

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

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

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

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

19 end the following: 

20 ‘‘(E) AGENDA RECOMMENDATIONS.—No 

21 later than 30 days before each annual meeting 

22 of the Commission, the Advisory Committee 

23 shall transmit to the United States Commis24 sioners recommendations relating to the agenda 

25 of the annual meeting. The recommendations 


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1 must be agreed to by a majority of the Advisory 

2 Committee members. The United States Com3 missioners shall consider such recommenda4 tions, along with additional views transmitted 

5 by Advisory Committee members, in the formu6 lation of the United States position for the 

7 Commission meeting and during the negotia8 tions at that meeting.’’; and 

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

10 6910) as section 512, and inserting after section 

11 510 the following: 

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

13 AND ENFORCEMENT OBJECTIVES. 

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

15 State, in the course of negotiations, shall seek to— 

16 ‘‘(1) minimize any disadvantage to United 

17 States fishermen in relation to other members of the 

18 Commission; 

19 ‘‘(2) maximize the opportunities for fishing ves20 sels of the United States to harvest fish stocks on 

21 the high seas in the Convention area, recognizing 

22 that such harvests may be restricted if the Commis23 sion, based on the best available scientific informa24 tion provided by the Scientific Committee, deterVerDate Sep 11 2014 23:17 Sep 15, 2016 Jkt 059200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4576.RDS H4576

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1 mines it is necessary to achieve the conservation ob2 jective set forth in Article 2 of the Convention; 

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

4 to other nations or foreign entities of the fishing ca5 pacity, fishing capacity rights, or fishing vessels of 

6 the United States or its territories, unless any such 

7 requirement is voluntary and market-based; and 

8 ‘‘(4) ensure that conservation and management 

9 measures take into consideration traditional fishing 

10 patterns of fishing vessels of the United States and 

11 the operating requirements of the fisheries covered 

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

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

14 Magnuson-Stevens Fishery Conservation and Manage15 ment Reauthorization Act of 2006 is amended in the table 

16 of contents by striking the item relating to section 511 

17 (121 Stat. 3576) and inserting the following: 

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

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

18 TITLE IV—ILLEGAL, UNREGU19 LATED, AND UNREPORTED 

20 FISHING 

21 SEC. 401. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

22 FISHING MORATORIUM PROTECTION ACT. 

23 (a) APPLICATION OF ACT.—Section 606(b) of the 

24 High Seas Driftnet Fishing Moratorium Protection Act 


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1 (16 U.S.C. 1826g(b)) is amended by striking ‘‘and’’ at 

2 the end of paragraph (7), striking the period at the end 

3 of paragraph (8) and inserting ‘‘; and’’, and by adding 

4 at the end the following: 

5 ‘‘(9) the Ensuring Access to Pacific Fisheries 

6 Act.’’. 

7 (b) BIENNIAL REPORTS.—Section 607 of the High 

8 Seas Driftnet Fishing Moratorium Protection Act (16 

9 U.S.C. 1826h) is amended by inserting ‘‘on June 1 of that 

10 year’’ after ‘‘every 2 years thereafter,’’. 

11 (c) IDENTIFICATION OF VESSELS.—Section 609(a) of 

12 the High Seas Driftnet Fishing Moratorium Protection 

13 Act (16 U.S.C. 1826j(a)) is amended by striking ‘‘fishing 

14 vessels of that nation are engaged, or have’’ and inserting 

15 ‘‘any fishing vessel of that nation is engaged, or has’’. 

16 (d) IDENTIFICATION OF NATIONS.—Section 

17 610(a)(2)(A) of the High Seas Driftnet Fishing Morato18 rium Protection Act (16 U.S.C. 1826k) is amended by 

19 striking ‘‘calendar year’’ and inserting ‘‘3 years’’. 


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1 TITLE V—NORTHWEST ATLAN2 TIC FISHERIES CONVENTION 

3 AMENDMENTS ACT 

4 SEC. 501. SHORT TITLE; REFERENCES TO THE NORTHWEST 

5 ATLANTIC FISHERIES CONVENTION ACT OF 

6 1995. 

7 (a) SHORT TITLE.—This title may be cited as the 

8 ‘‘Northwest Atlantic Fisheries Convention Amendments 

9 Act’’. 

10 (b) REFERENCES TO THE NORTHWEST ATLANTIC

11 FISHERIES CONVENTION ACT OF 1995.—Except as other12 wise expressly provided, whenever in this title an amend13 ment or repeal is expressed in terms of an amendment 

14 to, or repeal of, a section or other provision, the reference 

15 shall be considered to be made to a section or other provi16 sion of the Northwest Atlantic Fisheries Convention Act 

17 of 1995 (16 U.S.C. 5601 et seq.). 

18 SEC. 502. REPRESENTATION OF THE UNITED STATES 

19 UNDER CONVENTION. 

20 Section 202 (16 U.S.C. 5601) is amended— 

21 (1) in subsection (a)(1), by striking ‘‘General 

22 Council and the Fisheries’’; 

23 (2) in subsection (b)(1), by striking ‘‘at a meet24 ing of the General Council or the Fisheries Commis25 sion’’; 


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1 (3) in subsection (b)(2), by striking ‘‘, at any 

2 meeting of the General Council or the Fisheries 

3 Commission for which the Alternate Commissioner is 

4 designated’’; 

5 (4) in subsection (d)(1), by striking ‘‘at a meet6 ing of the Scientific Council’’; 

7 (5) in subsection (d)(2), by striking ‘‘, at any 

8 meeting of the Scientific Council for which the Alter9 nate Representative is designated’’; and 

10 (6) in subsection (f)(1)(A), by striking ‘‘Magnu11 son Act’’ and inserting ‘‘Magnuson-Stevens Fishery 

12 Conservation and Management Act’’. 

13 SEC. 503. REQUESTS FOR SCIENTIFIC ADVICE. 

14 Section 203 (16 U.S.C. 5602) is amended— 

15 (1) in subsection (a)— 

16 (A) by striking ‘‘The Representatives may’’ 

17 and inserting ‘‘A Representative may’’; 

18 (B) by striking ‘‘described in subsection 

19 (b)(1) or (2)’’ and inserting ‘‘described in para20 graph (1) or (2) of subsection (b)’’; and 

21 (C) by striking ‘‘the Representatives have’’ 

22 and inserting ‘‘the Representative has’’; 

23 (2) by striking ‘‘VII(1)’’ each place it appears 

24 and inserting ‘‘VII(10)(b)’’; and 


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1 (3) in subsection (b)(2), by striking ‘‘VIII(2)’’ 

2 and inserting ‘‘VII(11)’’. 

3 SEC. 504. AUTHORITIES OF SECRETARY OF STATE WITH RE4 SPECT TO CONVENTION. 

5 Section 204 (16 U.S.C. 5603) is amended by striking 

6 ‘‘Fisheries Commission’’ each place it appears and insert7 ing ‘‘Commission consistent with the procedures detailed 

8 in Articles XIV and XV of the Convention’’. 

9 SEC. 505. INTERAGENCY COOPERATION. 

10 Section 205(a) (16 U.S.C. 5604(a)) is amended to 

11 read as follows: 

12 ‘‘(a) AUTHORITIES OF THE SECRETARY.—In car13 rying out the provisions of the Convention and this title, 

14 the Secretary may arrange for cooperation with— 

15 ‘‘(1) any department, agency, or instrumen16 tality of the United States; 

17 ‘‘(2) a State; 

18 ‘‘(3) a Council; or 

19 ‘‘(4) a private institution or an organization.’’. 

20 SEC. 506. PROHIBITED ACTS AND PENALTIES. 

21 Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended 

22 by striking ‘‘fish’’ and inserting ‘‘fishery resources’’. 

23 SEC. 507. CONSULTATIVE COMMITTEE. 

24 Section 208 (16 U.S.C. 5607) is amended— 


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1 (1) in subsection (b)(2), by striking ‘‘two’’ and 

2 inserting ‘‘2’’; and 

3 (2) in subsection (c), by striking ‘‘General 

4 Council or the Fisheries’’ each place it appears. 

5 SEC. 508. DEFINITIONS. 

6 Section 210 (16 U.S.C. 5609) is amended to read as 

7 follows: 

8 ‘‘SEC. 210. DEFINITIONS. 

9 ‘‘In this title: 

10 ‘‘(1) 1982 CONVENTION.—The term ‘1982 Con11 vention’ means the United Nations Convention on 

12 the Law of the Sea of 10 December 1982. 

13 ‘‘(2) AUTHORIZED ENFORCEMENT OFFICER.— 

14 The term ‘authorized enforcement officer’ means a 

15 person authorized to enforce this title, any regula16 tion issued under this title, or any measure that is 

17 legally binding on the United States under the Con18 vention. 

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

20 means the body provided for by Articles V, VI, XIII, 

21 XIV, and XV of the Convention. 

22 ‘‘(4) COMMISSIONER.—The term ‘Commis23 sioner’ means a United States Commissioner to the 

24 Northwest Atlantic Fisheries Organization appointed 

25 under section 202. 


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1 ‘‘(5) CONVENTION.—The term ‘Convention’ 

2 means the Convention on Future Multilateral Co3 operation in the Northwest Atlantic Fisheries, done 

4 at Ottawa on October 24, 1978, and as amended on 

5 September 28, 2007. 

6 ‘‘(6) CONVENTION AREA.—The term ‘Conven7 tion Area’ means the waters of the Northwest Atlan8 tic Ocean north of 35°00′ N and west of a line ex9 tending due north from 35°00′ N and 42°00′ W to 

10 59°00′ N, thence due west to 44°00′ W, and thence 

11 due north to the coast of Greenland, and the waters 

12 of the Gulf of St. Lawrence, Davis Strait and Baffin 

13 Bay south of 78°10′ N. 

14 ‘‘(7) COUNCIL.—The term ‘Council’ means the 

15 New England Fishery Management Council or the 

16 Mid-Atlantic Fishery Management Council. 

17 ‘‘(8) FISHERY RESOURCES.— 

18 ‘‘(A) IN GENERAL.—The term ‘fishery re19 sources’ means all fish, mollusks, and crusta20 ceans, including any products thereof, within 

21 the Convention Area. 

22 ‘‘(B) EXCLUSIONS.—The term ‘fishery re23 sources’ does not include— 

24 ‘‘(i) sedentary species over which 

25 coastal States may exercise sovereign 


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1 rights consistent with Article 77 of the 

2 1982 Convention; or 

3 ‘‘(ii) in so far as they are managed 

4 under other international treaties, anad5 romous and catadromous stocks and highly 

6 migratory species listed in Annex I of the 

7 1982 Convention. 

8 ‘‘(9) FISHING ACTIVITIES.— 

9 ‘‘(A) IN GENERAL.—The term ‘fishing ac10 tivities’ means harvesting or processing fishery 

11 resources, or transhipping of fishery resources 

12 or products derived from fishery resources, or 

13 any other activity in preparation for, in support 

14 of, or related to the harvesting of fishery re15 sources. 

16 ‘‘(B) INCLUSIONS.—The term ‘fishing ac17 tivities’ includes— 

18 ‘‘(i) the actual or attempted searching 

19 for or catching or taking of fishery re20 sources; 

21 ‘‘(ii) any activity that can reasonably 

22 be expected to result in locating, catching, 

23 taking, or harvesting of fishery resources 

24 for any purpose; and 


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1 ‘‘(iii) any operation at sea in support 

2 of, or in preparation for, any activity de3 scribed in this paragraph. 

4 ‘‘(C) EXCLUSIONS.—The term ‘fishing ac5 tivities’ does not include any operation related 

6 to emergencies involving the health and safety 

7 of crew members or the safety of a vessel. 

8 ‘‘(10) FISHING VESSEL.— 

9 ‘‘(A) IN GENERAL.—The term ‘fishing ves10 sel’ means a vessel that is or has been engaged 

11 in fishing activities. 

12 ‘‘(B) INCLUSIONS.—The term ‘fishing ves13 sel’ includes a fish processing vessel or a vessel 

14 engaged in transshipment or any other activity 

15 in preparation for or related to fishing activi16 ties, or in experimental or exploratory fishing 

17 activities. 

18 ‘‘(11) ORGANIZATION.—The term ‘Organiza19 tion’ means the Northwest Atlantic Fisheries Orga20 nization provided for by Article V of the Convention. 

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

22 individual (whether or not a citizen or national of 

23 the United States), and any corporation, partner24 ship, association, or other entity (whether or not or25 ganized or existing under the laws of any State). 


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1 ‘‘(13) REPRESENTATIVE.—The term ‘Rep2 resentative’ means a United States Representative to 

3 the Northwest Atlantic Fisheries Scientific Council 

4 appointed under section 202. 

5 ‘‘(14) SCIENTIFIC COUNCIL.—The term ‘Sci6 entific Council’ means the Scientific Council pro7 vided for by Articles V, VI, and VII of the Conven8 tion. 

9 ‘‘(15) SECRETARY.—The term ‘Secretary’ 

10 means the Secretary of Commerce. 

11 ‘‘(16) STATE.—The term ‘State’ means each of 

12 the several States of the United States, the District 

13 of Columbia, and any other commonwealth, terri14 tory, or possession of the United States. 

15 ‘‘(17) TRANSSHIPMENT.—The term ‘trans16 shipment’ means the unloading of all or any of the 

17 fishery resources on board a fishing vessel to an18 other fishing vessel either at sea or in port.’’. 

19 SEC. 509. QUOTA ALLOCATION PRACTICE. 

20 Section 213 (16 U.S.C. 5612) is repealed. 

Passed the House of Representatives September 12, 

2016. 

Attest: KAREN L. HAAS, 

Clerk. 


asabaliauskas on DSK3SPTVN1PROD with BILLS