IB 

Union Calendar No. 557 

114TH CONGRESS 

2D SESSION H. R. 4576 

[Report No. 114–718] 

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 

SEPTEMBER 6, 2016 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 12, 2016] 


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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. 


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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 Pa5 cific Fisheries Act’’. 

6 TITLE I—NORTH PACIFIC FISH7 ERIES CONVENTION IMPLE8 MENTATION 

9 SEC. 101. DEFINITIONS. 

10 In this title: 

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

12 means the North Pacific Fisheries Commission estab13 lished in accordance with the North Pacific Fisheries 

14 Convention. 

15 (2) COMMISSIONER.—The term ‘‘Commissioner’’ 

16 means a United States Commissioner appointed 

17 under section 102(a). 

18 (3) CONVENTION AREA.—The term ‘‘Convention 

19 Area’’ means the area to which the Convention on the 

20 Conservation and Management of High Seas Fisheries 

21 Resources in the North Pacific Ocean applies under 

22 Article 4 of such Convention. 

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

24 North Pacific Fishery Management Council, the Pa25 cific Fishery Management Council, or the Western 


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1 Pacific Fishery Management Council established 

2 under section 302 of the Magnuson-Stevens Fishery 

3 Conservation and Management Act (16 U.S.C. 1852), 

4 as the context requires. 

5 (5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex6 clusive economic zone’’ means— 

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

8 zone established by Presidential Proclamation 

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

10 1453 note); and 

11 (B) with respect to a foreign country, a des12 ignated zone similar to the zone referred to in 

13 subparagraph (A) for that country, consistent 

14 with international law. 

15 (6) FISHERIES RESOURCES.— 

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

17 subparagraph (B), the term ‘‘fisheries resources’’ 

18 means all fish, mollusks, crustaceans, and other 

19 marine species caught by a fishing vessel within 

20 the Convention Area, as well as any products 

21 thereof. 

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

24 (i) sedentary species insofar as they 

25 are subject to the sovereign rights of coastal 


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1 nations consistent with Article 77, para2 graph 4 of the 1982 Convention and indi3 cator species of vulnerable marine eco4 systems as listed in, or adopted pursuant to, 

5 Article 13, paragraph 5 of the North Pacific 

6 Fisheries Convention; 

7 (ii) catadromous species; 

8 (iii) marine mammals, marine rep9 tiles, or seabirds; or 

10 (iv) other marine species already cov11 ered by preexisting international fisheries 

12 management instruments within the area of 

13 competence of such instruments. 

14 (7) FISHING ACTIVITIES.— 

15 (A) IN GENERAL.—The term ‘‘fishing activi16 ties’’ means— 

17 (i) the actual or attempted searching 

18 for, catching, taking, or harvesting of fish19 eries resources; 

20 (ii) engaging in any activity that can 

21 reasonably be expected to result in the locat22 ing, catching, taking, or harvesting of fish23 eries resources for any purpose; 

24 (iii) the processing of fisheries re25 sources at sea; 


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1 (iv) the transshipment of fisheries re2 sources at sea or in port; or 

3 (v) any operation at sea in direct sup4 port of, or in preparation for, any activity 

5 described in clauses (i) through (iv), includ6 ing transshipment. 

7 (B) EXCLUSIONS.—The term ‘‘fishing ac8 tivities’’ does not include any operation related 

9 to an emergency involving the health or safety of 

10 a crew member or the safety of a fishing vessel. 

11 (8) FISHING VESSEL.—The term ‘‘fishing vessel’’ 

12 means any vessel used or intended for use for the pur13 pose of engaging in fishing activities, including a 

14 processing vessel, a support ship, a carrier vessel, or 

15 any other vessel directly engaged in such fishing ac16 tivities. 

17 (9) HIGH SEAS.—The term ‘‘high seas’’ does not 

18 include an area that is within the exclusive economic 

19 zone of the United States or of any other country. 

20 (10) NORTH PACIFIC FISHERIES CONVENTION.— 

21 The term ‘‘North Pacific Fisheries Convention’’ means 

22 the Convention on the Conservation and Management 

23 of the High Seas Fisheries Resources in the North Pa24 cific Ocean (including any annexes, amendments, or 

25 protocols that are in force, or have come into force) 


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1 for the United States, which was adopted at Tokyo on 

2 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 or 

8 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 of 

17 Columbia, the Commonwealth of the Northern Mar18 iana Islands, American Samoa, Guam, and any other 

19 commonwealth, territory, or possession of the United 

20 States. 

21 (14) STRADDLING STOCK.—The term ‘‘straddling 

22 stock’’ means a stock of fisheries resources that mi23 grates between, or occurs in, the economic exclusion 

24 zone of one or more parties to the Convention and the 

25 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 fishing 

4 vessel to another fishing vessel either at sea or in port. 

5 (16) 1982 CONVENTION.—The term ‘‘1982 Con6 vention’’ means the United Nations Convention on the 

7 Law of the Sea of 10 December 1982. 

8 SEC. 102. UNITED STATES PARTICIPATION IN THE NORTH 

9 PACIFIC FISHERIES CONVENTION. 

10 (a) UNITED STATES COMMISSIONERS.— 

11 (1) NUMBER OF COMMISSIONERS.—The United 

12 States shall be represented on the Commission by 5 

13 United States Commissioners. 

14 (2) SELECTION OF COMMISSIONERS.—The Com15 missioners shall be as follows: 

16 (A) APPOINTMENT BY THE PRESIDENT.— 

17 (i) IN GENERAL.—Two of the Commis18 sioners shall be appointed by the President 

19 and shall be an officer or employee 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 resources 

3 in the North Pacific Ocean. 

4 (B) NORTH PACIFIC FISHERY MANAGEMENT

5 COUNCIL.—One Commissioner shall be the chair6 man of the North Pacific Fishery Management 

7 Council or a designee of such chairman. 

8 (C) PACIFIC FISHERY MANAGEMENT COUN9 CIL.—One Commissioner shall be the chairman 

10 of the Pacific Fishery Management Council or a 

11 designee of such chairperson. 

12 (D) WESTERN PACIFIC FISHERY MANAGE13 MENT COUNCIL.—One Commissioner shall be the 

14 chairman of the Western Pacific Fishery Man15 agement Council or a designee of such chair16 person. 

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

18 vacancy in a position as a Commissioner appointed under 

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

20 the Secretary, may designate from time to time and for pe21 riods of time considered appropriate an alternate Commis22 sioner to the Commission. An alternate Commissioner may 

23 exercise all powers and duties of a Commissioner in the ab24 sence of a Commissioner appointed under subsection (a), 


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1 and shall serve the remainder of the term of the absent Com2 missioner 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 United 

7 States Government, shall not be considered a Federal 

8 employee, except for the purposes of injury compensa9 tion or tort claims liability as provided in chapter 81 

10 of title 5, United States Code, and chapter 171 of title 

11 28, United States Code. 

12 (2) COMPENSATION.—An individual serving as a 

13 Commissioner or an alternate Commissioner, al14 though an officer of the United States while so serv15 ing, shall receive no compensation for the individual’s 

16 services as such Commissioner or alternate Commis17 sioner. 

18 (3) TRAVEL EXPENSES.— 

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

20 shall pay the necessary travel expenses of a Com21 missioner or an alternate Commissioner in ac22 cordance with the Federal Travel Regulations 

23 and sections 5701, 5702, 5704 through 5708, and 

24 5731 of title 5, United States Code. 


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1 (B) REIMBURSEMENT.—The Secretary may 

2 reimburse the Secretary of State for amounts ex3 pended by the Secretary of State under this 

4 paragraph. 

5 SEC. 103. AUTHORITY AND RESPONSIBILITY OF THE SEC6 RETARY OF STATE. 

7 The Secretary of State may— 

8 (1) receive and transmit, on behalf of the United 

9 States, reports, requests, recommendations, proposals, 

10 decisions, and other communications of and to the 

11 Commission; 

12 (2) in consultation with the Secretary, act upon, 

13 or refer to another appropriate authority, any com14 munication received pursuant to paragraph (1); 

15 (3) with the concurrence of the Secretary, and in 

16 accordance with the Convention, object to the deci17 sions of the Commission; and 

18 (4) request and utilize on a reimbursed or non19 reimbursed basis the assistance, services, personnel, 

20 equipment, and facilities of other Federal depart21 ments and agencies, foreign governments or agencies, 

22 or international intergovernmental organizations, in 

23 the conduct of scientific research and other programs 

24 under this title. 


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

2 (a) PROMULGATION OF REGULATIONS.— 

3 (1) AUTHORITY.—The Secretary, in consultation 

4 with the Secretary of State and, with respect to en5 forcement measures, the Secretary of the department 

6 in which the Coast Guard is operating, may promul7 gate such regulations as may be necessary to carry 

8 out the United States international obligations under 

9 the North Pacific Fisheries Convention and this title, 

10 including recommendations and decisions adopted by 

11 the Commission. 

12 (2) REGULATIONS OF STRADDLING STOCKS.—In 

13 the implementation of a measure adopted by the Com14 mission that would govern a straddling stock under 

15 the authority of a Council, any regulation promul16 gated by the Secretary to implement such measure 

17 within the exclusive economic zone shall be approved 

18 by such Council. 

19 (b) RULE OF CONSTRUCTION.—Regulations promul20 gated under subsection (a) shall be applicable only to a per21 son or a fishing vessel that is or has engaged in fishing 

22 activities, or fisheries resources covered by the North Pacific 

23 Fisheries Convention under this title. 

24 (c) ADDITIONAL AUTHORITY.—The Secretary may 

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

26 nonreimbursed basis the assistance, services, personnel, 


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1 equipment, and facilities of other Federal departments and 

2 agencies in— 

3 (1) scientific, research, and other programs 

4 under this title; 

5 (2) fishing operations and biological experiments 

6 for purposes of scientific investigation or other pur7 poses necessary to implement the North Pacific Fish8 eries Convention; 

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

10 such information as may be necessary to implement 

11 the North Pacific Fisheries Convention, subject to sec12 tions 552 and 552a of title 5, United States Code, 

13 and section 402(b) of the Magnuson-Stevens Fishery 

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

15 1881a(b)); 

16 (4) the issuance of permits to owners and opera17 tors of United States vessels to engage in fishing ac18 tivities in the Convention Area seaward of the exclu19 sive economic zone of the United States, under such 

20 terms and conditions as the Secretary may prescribe, 

21 including the period of time that a permit is valid; 

22 and 

23 (5) if recommended by the United States Com24 missioners, the assessment and collection of fees, not 

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


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1 resources harvested by vessels of the United States in 

2 fisheries conducted in the Convention Area, to recover 

3 the actual costs to the United States to carry out the 

4 functions of the Secretary under this title. 

5 (d) CONSISTENCY WITH OTHER LAWS.—The Secretary 

6 shall ensure the consistency, to the extent practicable, of 

7 fishery management programs administered under this 

8 title, the Magnuson-Stevens Fishery Conservation and Man9 agement Act (16 U.S.C. 1801 et seq.), the Tuna Conventions 

10 Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna 

11 Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public 

12 Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific 

13 albacore tuna), the Western and Central Pacific Fisheries 

14 Convention Implementation Act (16 U.S.C. 6901 et seq.), 

15 the National Oceanic and Atmospheric Administration Au16 thorization Act of 1992 (Public Law 102–567) and the 

17 amendments made by that Act, and Public Law 100–629 

18 (102 Stat. 3286). 

19 (e) JUDICIAL REVIEW OF REGULATIONS.— 

20 (1) IN GENERAL.—Regulations promulgated by 

21 the Secretary under this title shall be subject to judi22 cial review to the extent authorized by, and in accord23 ance with, chapter 7 of title 5, United States Code, 

24 if a petition for such review is filed not later than 30 


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1 days after the date on which the regulations are pro2 mulgated. 

3 (2) RESPONSES.—Notwithstanding any other 

4 provision of law, the Secretary shall file a response to 

5 any petition filed in accordance with paragraph (1), 

6 not later than 30 days after the date the Secretary is 

7 served with that petition, except that the appropriate 

8 court may extend the period for filing such a response 

9 upon a showing by the Secretary of good cause for 

10 that extension. 

11 (3) COPIES OF ADMINISTRATIVE RECORD.—A re12 sponse of the Secretary under paragraph (2) shall in13 clude a copy of the administrative record for the regu14 lations 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 hear18 ing at the earliest possible date. 

19 SEC. 105. ENFORCEMENT. 

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

21 the department in which the Coast Guard is operating— 

22 (1) shall administer and enforce this title and 

23 any regulations issued under this title; and 

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

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1 sonnel, equipment, and facilities of other Federal de2 partments and agencies in the administration and 

3 enforcement of this title. 

4 (b) SECRETARIAL ACTIONS.—The Secretary and the 

5 Secretary of the department in which the Coast Guard is 

6 operating shall prevent any person from violating this title 

7 with respect to fishing activities or the conservation of fish8 eries resources in the Convention Area in the same manner, 

9 by the same means, and with the same jurisdiction, powers, 

10 and duties as though sections 308 through 311 of the Mag11 nuson-Stevens Fishery Conservation and Management Act 

12 (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated 

13 into and made a part of this title. Any person that violates 

14 this title is subject to the penalties and entitled to the privi15 leges and immunities provided in the Magnuson-Stevens 

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

17 1801 et seq.) in the same manner, by the same means, and 

18 with the same jurisdiction, power, and duties as though sec19 tions 308 through 311 of that Act (16 U.S.C. 1858, 1859, 

20 1860, and 1861) were incorporated into and made a part 

21 of this title. 

22 (c) JURISDICTION OF THE COURTS.— 

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

24 (3), the district courts of the United States shall have 

25 jurisdiction over any case or controversy arising 


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1 under this title, and any such court may at any 

2 time— 

3 (A) enter restraining orders or prohibitions; 

4 (B) issue warrants, process in rem, or other 

5 process; 

6 (C) prescribe and accept satisfactory bonds 

7 or other security; and 

8 (D) take such other actions as are in the in9 terest of justice. 

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

11 the case of Hawaii or any possession of the United 

12 States in the Pacific Ocean, the appropriate court is 

13 the United States District Court for the District of 

14 Hawaii, except that— 

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

16 the appropriate court is the United States Dis17 trict Court for the District of Guam; and 

18 (B) in the case of the Northern Mariana Is19 lands, the appropriate court is the United States 

20 District Court for the District of the Northern 

21 Mariana Islands. 

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

23 separate offense and the offense is deemed to have been 

24 committed not only in the district where the violation 

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1 ized by law. Any offense not committed in any dis2 trict is subject to the venue provisions of section 3238 

3 of title 18, United States Code. 

4 (d) CONFIDENTIALITY.— 

5 (1) IN GENERAL.—Any information submitted to 

6 the Secretary in compliance with any requirement 

7 under this title, and information submitted under 

8 any requirement of this title that may be necessary 

9 to implement the Convention, including information 

10 submitted before the date of the enactment of this Act, 

11 shall be confidential and may not be disclosed, ex12 cept— 

13 (A) to a Federal employee who is respon14 sible for administering, implementing, or enforc15 ing this title; 

16 (B) to the Commission, in accordance with 

17 requirements in the North Pacific Fisheries Con18 vention and decisions of the Commission, and, 

19 insofar as possible, in accordance with an agree20 ment with the Commission that prevents public 

21 disclosure of the identity or business of any per22 son; 

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

24 commission employees pursuant to an agreement 


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1 with the Secretary that prevents public disclo2 sure of the identity or business of any person; 

3 (D) when required by court order; or 

4 (E) when the Secretary has obtained writ5 ten authorization from the person submitting 

6 such information to release such information to 

7 another person for a reason not otherwise pro8 vided for in this paragraph, and such release 

9 does not violate other requirements of this title. 

10 (2) USE OF INFORMATION.— 

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

12 subparagraph (B), the Secretary shall promul13 gate regulations regarding the procedures the 

14 Secretary considers necessary to preserve the con15 fidentiality of information submitted under this 

16 title. 

17 (B) EXCEPTION.—The Secretary may re18 lease or make public information submitted 

19 under this title if the information is in any ag20 gregate or summary form that does not directly 

21 or indirectly disclose the identity or business of 

22 any person. 

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

24 subsection shall be interpreted or construed to prevent 

25 the use for conservation and management purposes by 


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1 the Secretary of any information submitted under 

2 this title. 

3 SEC. 106. PROHIBITED ACTS. 

4 It is unlawful for any person— 

5 (1) to violate this title or any regulation or per6 mit issued under this title; 

7 (2) to use any fishing vessel to engage in fishing 

8 activities without, or after the revocation or during 

9 the period of suspension of, an applicable permit 

10 issued pursuant to this title; 

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

12 enforce this title to board a fishing vessel subject to 

13 such person’s control for the purposes of conducting 

14 any search, investigation, or inspection in connection 

15 with the enforcement of this title or any regulation, 

16 permit, or the North Pacific Fisheries Convention; 

17 (4) to assault, resist, oppose, impede, intimidate, 

18 or interfere with any such authorized officer in the 

19 conduct of any search, investigation, or inspection in 

20 connection with the enforcement of this title or any 

21 regulation, permit, or the North Pacific Fisheries 

22 Convention; 

23 (5) to resist a lawful arrest for any act prohib24 ited by this title or any regulation promulgated or 

25 permit issued under this title; 


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1 (6) to ship, transport, offer for sale, sell, pur2 chase, import, export, or have custody, control, or pos3 session of, any fisheries resources taken or retained in 

4 violation of this title or any regulation or permit re5 ferred to in paragraph (1) or (2); 

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

7 means, the apprehension or arrest of another person, 

8 knowing that such other person has committed any 

9 act prohibited by this section; 

10 (8) to submit to the Secretary false information 

11 (including false information regarding the capacity 

12 and extent to which a United States fish processor, on 

13 an annual basis, will process a portion of the opti14 mum yield of a fishery that will be harvested by fish15 ing vessels of the United States), regarding any mat16 ter that the Secretary is considering in the course of 

17 carrying out this title; 

18 (9) to assault, resist, oppose, impede, intimidate, 

19 sexually harass, bribe, or interfere with any observer 

20 on a vessel under this title, or any data collector em21 ployed by or under contract to any person to carry 

22 out responsibilities under this title; 

23 (10) to engage in fishing activities in violation 

24 of any regulation adopted pursuant to this title; 


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

2 returns, statistical records, or other reports required 

3 by regulations adopted pursuant to this title to be 

4 made, kept, or furnished; 

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

6 and instructed to stop by a duly authorized official 

7 of the United States; 

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

9 adopted pursuant to this title, any fisheries resources 

10 in any form of those species subject to regulation pur11 suant to a recommendation, resolution, or decision of 

12 the Commission, or any fisheries resources in any 

13 form not under regulation but under investigation by 

14 the Commission, during the period such fisheries re15 sources have been denied entry in accordance with 

16 this title; 

17 (14) to make or submit any false record, account, 

18 or label for, or any false identification of, any fish19 eries resources that have been, or are intended to be 

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

21 purchased, or received in interstate or foreign com22 merce; 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. 107. COOPERATION IN CARRYING OUT CONVENTION. 

4 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI5 TUTIONS AND ORGANIZATIONS.—The Secretary may co6 operate with any Federal agency, any public or private in7 stitution or organization within the United States or 

8 abroad, and, through the Secretary of State, a duly author9 ized official of the government of any party to the North 

10 Pacific Fisheries Convention, in carrying out responsibil11 ities under this title. 

12 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

13 AND PERSONNEL.—Each Federal agency may, upon the re14 quest of the Secretary, cooperate in the conduct of scientific 

15 and other programs and furnish facilities and personnel for 

16 the purpose of assisting the Commission in carrying out 

17 its duties under the North Pacific Fisheries Convention. 

18 (c) SANCTIONED FISHING OPERATIONS AND BIOLOGI19 CAL EXPERIMENTS.—Nothing in this title, or in the laws 

20 of any State, prevents the Secretary or the Commission 

21 from— 

22 (1) conducting or authorizing the conduct of fish23 ing operations and biological experiments at any time 

24 for purposes of scientific investigation; or 


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1 (2) discharging any other duties prescribed by 

2 the North Pacific Fisheries Convention. 

3 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

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

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

6 United States. 

7 SEC. 108. TERRITORIAL PARTICIPATION. 

8 The Secretary of State shall ensure participation in 

9 the Commission and its subsidiary bodies by the Common10 wealth of the Northern Mariana Islands, American Samoa, 

11 and Guam to the extent allowed under United States law. 

12 SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

13 Masters of commercial fishing vessels of countries fish14 ing under the management authority of the North Pacific 

15 Fisheries Convention that do not carry vessel monitoring 

16 systems capable of communicating with United States en17 forcement authorities shall, prior to or as soon as reason18 ably possible after, entering and transiting the exclusive 

19 economic zone bounded by the Convention Area, ensure that 

20 all fishing gear on board the vessel is stowed below deck 

21 or otherwise removed from the place it is normally used 

22 for fishing activities and placed where it is not readily 

23 available for fishing activities. 


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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) 1982 CONVENTION.—The term ‘‘1982 Conven10 tion’’ means the United Nations Convention on the 

11 Law of the Sea of 10 December 1982. 

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

13 means the Commission of the South Pacific Regional 

14 Fisheries Management Organization established in ac15 cordance with the South Pacific Fishery Resources 

16 Convention. 

17 (3) CONVENTION AREA.—The term ‘‘Convention 

18 Area’’ means the area to which the Convention on the 

19 Conservation and Management of High Seas Fishery 

20 Resources in the South Pacific Ocean applies under 

21 Article 5 of such Convention. 

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

23 Western Pacific Regional Fishery Management Coun24 cil. 


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1 (5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex2 clusive economic zone’’ means— 

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

4 zone established by Presidential Proclamation 

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

6 1453 note); and 

7 (B) with respect to a foreign country, a des8 ignated zone similar to the zone referred to in 

9 subparagraph (A) for that country, consistent 

10 with international law. 

11 (6) FISHERY RESOURCES.—The term ‘‘fishery re12 sources’’ means all fish, mollusks, crustaceans, and 

13 other marine species, and any products thereof, 

14 caught by a fishing vessel within the Convention 

15 Area, but excluding— 

16 (A) sedentary species insofar as they are 

17 subject to the national jurisdiction of coastal 

18 States pursuant to Article 77 paragraph 4 of the 

19 1982 Convention; 

20 (B) highly migratory species listed in 

21 Annex I of the 1982 Convention; 

22 (C) anadromous and catadromous species; 

23 and 

24 (D) marine mammals, marine reptiles and 

25 sea birds. 


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1 (7) FISHING.—The term ‘‘fishing’’— 

2 (A) except as provided in subparagraph 

3 (B), means— 

4 (i) the actual or attempted searching 

5 for, catching, taking, or harvesting of fish6 ery resources; 

7 (ii) engaging in any activity that can 

8 reasonably be expected to result in the locat9 ing, catching, taking or harvesting of fish10 ery resources for any purpose; 

11 (iii) transshipment and any operation 

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

13 any activity described in this subpara14 graph; and 

15 (iv) the use of any vessel, vehicle, air16 craft, or hovercraft in relation to any activ17 ity described in this subparagraph; and 

18 (B) does not include any operation related 

19 to emergencies involving the health and safety of 

20 crew members or the safety of a fishing vessel. 

21 (8) FISHING VESSEL.—The term ‘‘fishing vessel’’ 

22 means any vessel used or intended to be used for fish23 ing, including any fish processing vessel support ship, 

24 carrier vessel, or any other vessel directly engaged in 

25 fishing operations. 


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1 (9) PERSON.—The term ‘‘person’’ means any in2 dividual (whether or not a citizen or national of the 

3 United States); any corporation, partnership, associa4 tion, or other entity (whether or not organized or ex5 isting under the laws of any State); and any Federal, 

6 State, local, or foreign government or any entity of 

7 any such government. 

8 (10) SECRETARY.—The term ‘‘Secretary’’ means 

9 the Secretary of Commerce. 

10 (11) SOUTH PACIFIC FISHERY RESOURCES CON11 VENTION.—The term ‘‘South Pacific Fishery Re12 sources Convention’’ means the Convention on the 

13 Conservation and Management of the High Seas Fish14 ery Resources in the South Pacific Ocean (including 

15 any annexes, amendments, or protocols that are in 

16 force, or have come into force, for the United States), 

17 which was adopted at Auckland, New Zealand, on 

18 November 14, 2009, by the International Consulta19 tions on the Proposed South Pacific Regional Fish20 eries Management Organization. 

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

22 the several States of the United States, the District of 

23 Columbia, the Commonwealth of the Northern Mar24 iana Islands, American Samoa, Guam, and any other 


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1 commonwealth, territory, or possession of the United 

2 States. 

3 SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED 

4 STATES COMMISSIONERS. 

5 (a) APPOINTMENT.— 

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

7 represented on the Commission by not more than 3 

8 Commissioners. In making each appointment, the 

9 President shall select a Commissioner from among in10 dividuals who are knowledgeable or experienced con11 cerning fishery resources in the South Pacific Ocean. 

12 (2) REPRESENTATION.—At least one of the Com13 missioners shall be— 

14 (A) serving at the pleasure of the President, 

15 an officer or employee of— 

16 (i) the Department of Commerce; 

17 (ii) the Department of State; or 

18 (iii) the Coast Guard; and 

19 (B) the chairperson or designee of the Coun20 cil. 

21 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

22 State, in consultation with the Secretary, may designate 

23 from time to time and for periods of time considered appro24 priate an alternate Commissioner to the Commission. An 

25 alternate Commissioner may exercise all powers and duties 


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1 of a Commissioner in the absence of a Commissioner ap2 pointed under subsection (a). 

3 (c) ADMINISTRATIVE MATTERS.— 

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

7 States Government, shall not be considered a Federal 

8 employee, except for the purposes of injury compensa9 tion or tort claims liability as provided in chapter 81 

10 of title 5, United States Code, and chapter 171 of title 

11 28, United States Code. 

12 (2) COMPENSATION.—An individual serving as a 

13 Commissioner or an alternate Commissioner, al14 though an officer of the United States while so serv15 ing, shall receive no compensation for the individual’s 

16 services as such Commissioner or alternate Commis17 sioner. 

18 (3) TRAVEL EXPENSES.— 

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

20 shall pay the necessary travel expenses of a Com21 missioner or an alternate Commissioner in ac22 cordance with the Federal Travel Regulations 

23 and sections 5701, 5702, 5704 through 5708, and 

24 5731 of title 5, United States Code. 


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1 (B) REIMBURSEMENT.—The Secretary may 

2 reimburse the Secretary of State for amounts ex3 pended by the Secretary of State under this 

4 paragraph. 

5 SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SEC6 RETARY OF STATE. 

7 The Secretary of State may— 

8 (1) receive and transmit, on behalf of the United 

9 States, reports, requests, recommendations, proposals, 

10 decisions, and other communications of and to the 

11 Commission; 

12 (2) in consultation with the Secretary, act upon, 

13 or refer to other appropriate authority, any commu14 nication pursuant to paragraph (1); and 

15 (3) with the concurrence of the Secretary, and in 

16 accordance with the South Pacific Fishery Resources 

17 Convention, object to decisions of the Commission. 

18 SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULE19 MAKING AUTHORITY. 

20 (a) RESPONSIBILITIES.—The Secretary may— 

21 (1) administer this title and any regulations 

22 issued under this title, except to the extent otherwise 

23 provided for in this title; 

24 (2) issue permits to vessels subject to the jurisdic25 tion of the United States, and to owners and operaVerDate Sep 11 2014 01:32 Sep 07, 2016 Jkt 059200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H4576.RH H4576

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1 tors of such vessels, to fish in the Convention Area, 

2 under such terms and conditions as the Secretary 

3 may prescribe; and 

4 (3) if recommended by the United States Com5 missioners, assess and collect fees, not to exceed 3 per6 cent of the ex-vessel value of fisheries resources har7 vested by vessels of the United States in fisheries con8 ducted in the Convention Area, to recover the actual 

9 costs to the United States to carry out the functions 

10 of the Secretary under this title. 

11 (b) PROMULGATION OF REGULATIONS.— 

12 (1) IN GENERAL.—The Secretary, in consultation 

13 with the Secretary of State and the Secretary of the 

14 department in which the Coast Guard is operating, 

15 may promulgate such regulations as may be necessary 

16 and appropriate to carry out the international obli17 gations of the United States under the South Pacific 

18 Fishery Resources Convention and this title, includ19 ing decisions adopted by the Commission. 

20 (2) APPLICABILITY.—Regulations promulgated 

21 under this subsection shall be applicable only to a 

22 person or fishing vessel that is or has engaged in fish23 ing, and fishery resources covered by the Convention 

24 on the Conservation and Management of High Seas 


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1 Fishery Resources in the South Pacific Ocean under 

2 this title. 

3 (c) CONSISTENCY WITH OTHER LAWS.—The Secretary 

4 shall ensure the consistency, to the extent practicable, of 

5 fishery management programs administered under this 

6 title, the Magnuson-Stevens Fishery Conservation and Man7 agement Act (16 U.S.C. 1801 et seq.), the Tuna Conventions 

8 Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna 

9 Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public 

10 Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific 

11 albacore tuna), the Western and Central Pacific Fisheries 

12 Convention Implementation Act (16 U.S.C. 6901 et seq.), 

13 the National Oceanic and Atmospheric Administration Au14 thorization Act of 1992 (Public Law 102–567) and the 

15 amendments made by that Act, and Public Law 100–629 

16 (102 Stat. 3286). 

17 (d) JUDICIAL REVIEW OF REGULATIONS.— 

18 (1) IN GENERAL.—Regulations promulgated by 

19 the Secretary under this title shall be subject to judi20 cial review to the extent authorized by, and in accord21 ance with, chapter 7 of title 5, United States Code, 

22 if a petition for such review is filed not later than 30 

23 days after the date on which the regulations are pro24 mulgated or the action is published in the Federal 

25 Register, as applicable. 


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1 (2) RESPONSES.—Notwithstanding any other 

2 provision of law, the Secretary shall file a response to 

3 any petition filed in accordance with paragraph (1) 

4 not later than 30 days after the date the Secretary is 

5 served with that petition, except that the appropriate 

6 court may extend the period for filing such a response 

7 upon a showing by the Secretary of good cause for 

8 that extension. 

9 (3) COPIES OF ADMINISTRATIVE RECORD.—A re10 sponse of the Secretary under paragraph (2) shall in11 clude a copy of the administrative record for the regu12 lations that are the subject of the petition. 

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

14 the person who files a petition under this subsection, 

15 the appropriate court shall assign the matter for hear16 ing at the earliest possible date. 

17 SEC. 205. ENFORCEMENT. 

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

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

20 Secretary and the Secretary of the department in which the 

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

22 head of any Federal or State agency that has entered into 

23 an agreement with either such Secretary under this section 

24 may (if the agreement so provides), authorize officers to en25 force this title or any regulation promulgated under this 


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1 title. Any officer so authorized may enforce this title in the 

2 same manner, by the same means, and with the same juris3 diction, powers, and duties as though section 311 of the 

4 Magnuson-Stevens Fishery Conservation and Management 

5 Act (16 U.S.C. 1861) were incorporated into and made a 

6 part of this title. 

7 (b) ADMINISTRATION AND ENFORCEMENT.—The Sec8 retary shall prevent any person from violating this title in 

9 the same manner, by the same means, and with the same 

10 jurisdiction, powers, and duties as though sections 308 

11 through 311 of the Magnuson-Stevens Fishery Conservation 

12 and Management Act (16 U.S.C. 1858 through 1861) were 

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

14 that violates this title shall be subject to the penalties, and 

15 entitled to the privileges and immunities, provided in the 

16 Magnuson-Stevens Fishery Conservation and Management 

17 Act (16 U.S.C. 1801 et seq.) in the same manner and by 

18 the same means as though sections 308 through 311 of that 

19 Act (16 U.S.C. 1858 through 1861) were incorporated into 

20 and made a part of this title. 

21 (c) DISTRICT COURT JURISDICTION.—The district 

22 courts of the United States shall have jurisdiction over any 

23 actions arising under this section. Notwithstanding sub24 section (b), for the purpose of this section, for Hawaii or 

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


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1 the appropriate court is the United States District Court 

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

3 and Wake Island, the appropriate court is the United States 

4 District Court for the District of Guam, and except that 

5 in the case of the Northern Mariana Islands, the appro6 priate court is the United States District Court for the Dis7 trict of the Northern Mariana Islands. Each violation shall 

8 be a separate offense and the offense is deemed to have been 

9 committed not only in the district where the violation first 

10 occurred, but also in any other district as authorized by 

11 law. Any offenses not committed in any district are subject 

12 to the venue provisions of section 3238 of title 18, United 

13 States Code. 

14 SEC. 206. PROHIBITED ACTS. 

15 It is unlawful for any person— 

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

17 regulation promulgated or permit issued under this 

18 title; 

19 (2) to use any fishing vessel to engage in fishing 

20 without a valid permit or after the revocation, or dur21 ing the period of suspension, of an applicable permit 

22 pursuant to this title; 

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

24 enforce this title to board a fishing vessel subject to 

25 such person’s control for the purposes of conducting 


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1 any investigation or inspection in connection with 

2 the enforcement of this title; 

3 (4) to assault, resist, oppose, impede, intimidate, 

4 or interfere with any such authorized officer in the 

5 conduct of any search, investigation, or inspection in 

6 connection with the enforcement of this title or any 

7 regulation promulgated or permit issued under this 

8 title; 

9 (5) to resist a lawful arrest for any act prohib10 ited by this title or any regulation promulgated or 

11 permit issued under this title; 

12 (6) to ship, transport, offer for sale, sell, pur13 chase, import, export, or have custody, control, or pos14 session of, any fishery resources taken or retained in 

15 violation of this title or any regulation or permit re16 ferred to in paragraph (1) or (2); 

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

18 means, the apprehension or arrest of another person, 

19 knowing that such other person has committed any 

20 act prohibited by this title; 

21 (8) to submit to the Secretary false information, 

22 regarding any matter that the Secretary is consid23 ering in the course of carrying out this title; 

24 (9) to assault, resist, oppose, impede, intimidate, 

25 sexually harass, bribe, or interfere with any observer 


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1 on a vessel pursuant to the requirements of this title, 

2 or any data collector employed by the National Oce3 anic and Atmospheric Administration or under con4 tract to any person to carry out responsibilities under 

5 this title; 

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

7 returns, statistical records, or other reports as are re8 quired by regulations adopted pursuant to this title 

9 to be made, kept, or furnished; 

10 (11) 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 (12) to import, in violation of any regulation 

14 promulgated under this title, any fishery resources in 

15 any form of those species subject to regulation pursu16 ant to a decision of the Commission; 

17 (13) to make or submit any false record, account, 

18 or label for, or any false identification of, any fishery 

19 resources that have been or are intended to be im20 ported, exported, transported, sold, offered for sale, 

21 purchased, or received in interstate or foreign com22 merce; or 

23 (14) 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, any 

8 public or private institutions or organizations within the 

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

10 State, the duly authorized officials of the government of any 

11 party to the South Pacific Fishery Resources Convention, 

12 in carrying out responsibilities under this title. 

13 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

14 AND PERSONNEL.—All Federal agencies may, upon the re15 quest of the Secretary, cooperate in the conduct of scientific 

16 and other programs and to furnish facilities and personnel 

17 for the purpose of assisting the Commission in carrying out 

18 its duties under the South Pacific Fishery Resources Con19 vention. 

20 (c) SANCTIONED FISHING OPERATIONS AND BIOLOGI21 CAL EXPERIMENTS.—Nothing in this title, or in the laws 

22 or regulations of any State, prevents the Secretary or the 

23 Commission from— 


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1 (1) conducting or authorizing the conduct of fish2 ing operations and biological experiments at any time 

3 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 extent allowed under United States 

15 law. 

16 SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

17 Masters of commercial fishing vessels of countries fish18 ing under the management authority of the South Pacific 

19 Fisheries Convention that do not carry vessel monitoring 

20 systems capable of communicating with United States en21 forcement authorities shall, before or as soon as reasonably 

22 possible after, entering and transiting the exclusive eco23 nomic zone bounded by the Convention Area, ensure that 

24 all fishing gear on board the vessel is stowed below deck 

25 or otherwise removed from the place it is normally used 


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1 for fishing activities and placed where it is not readily 

2 available for fishing activities. 

3 TITLE III—WESTERN AND CEN4 TRAL PACIFIC FISHERIES 

5 COMMISSION 

6 SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL 

7 MEETINGS OF WESTERN AND CENTRAL PA8 CIFIC FISHERIES COMMISSION. 

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

10 Fisheries Convention Implementation Act is amended— 

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

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

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

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

15 end the following: 

16 ‘‘(E) AGENDA RECOMMENDATIONS.—No 

17 later than 30 days before each annual meeting of 

18 the Commission, the Advisory Committee shall 

19 transmit to the United States Commissioners 

20 recommendations relating to the agenda of the 

21 annual meeting. The recommendations must be 

22 agreed to by a majority of the Advisory Com23 mittee members. The United States Commis24 sioners shall consider such recommendations, 

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1 visory Committee members, in the formulation of 

2 the United States position for the Commission 

3 meeting and during the negotiations at that 

4 meeting.’’; and 

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

6 6910) as section 512, and inserting after section 510 

7 the following: 

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

9 AND ENFORCEMENT OBJECTIVES. 

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

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

12 ‘‘(1) minimize any disadvantage to United 

13 States fishermen in relation to other members of the 

14 Commission; 

15 ‘‘(2) maximize the opportunities for fishing ves16 sels of the United States to harvest fish stocks on the 

17 high seas in the Convention area, recognizing that 

18 such harvests may be restricted if the Commission, 

19 based on the best available scientific information pro20 vided by the Scientific Committee, determines it is 

21 necessary to achieve the conservation objective set 

22 forth in Article 2 of the Convention; 

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

24 other nations or foreign entities of the fishing capac25 ity, fishing capacity rights, or fishing vessels of the 


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1 United States or its territories, unless any such re2 quirement is voluntary and market-based; and 

3 ‘‘(4) ensure that conservation and management 

4 measures take into consideration traditional fishing 

5 patterns of fishing vessels of the United States and the 

6 operating requirements of the fisheries covered by the 

7 Western and Central Pacific Convention.’’. 

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

9 Magnuson-Stevens Fishery Conservation and Management 

10 Reauthorization Act of 2006 is amended in the table of con11 tents by striking the item relating to section 511 (121 Stat. 

12 3576) and inserting the following: 

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

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

13 TITLE IV—ILLEGAL, UNREGU14 LATED, AND UNREPORTED 

15 FISHING 

16 SEC. 401. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

17 FISHING MORATORIUM PROTECTION ACT. 

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

19 Seas Driftnet Fishing Moratorium Protection Act (16 

20 U.S.C. 1826g(b)) is amended by striking ‘‘and’’ at the end 

21 of paragraph (7), striking the period at the end of para22 graph (8) and inserting ‘‘; and’’ , and by adding at the 

23 end the following: 


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

2 Act.’’. 

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

4 Seas Driftnet Fishing Moratorium Protection Act (16 

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

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

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

8 the High Seas Driftnet Fishing Moratorium Protection Act 

9 (16 U.S.C. 1826j(a)) is amended by striking ‘‘fishing vessels 

10 of that nation are engaged, or have’’ and inserting ‘‘any 

11 fishing vessel of that nation is engaged, or has’’. 

12 (d) IDENTIFICATION OF NATIONS.—Section 

13 610(a)(2)(A) of the High Seas Driftnet Fishing Moratorium 

14 Protection Act (16 U.S.C. 1826k) is amended by striking 

15 ‘‘calendar year’’ and inserting ‘‘3 years’’. 

16 TITLE V—NORTHWEST ATLANTIC 

17 FISHERIES CONVENTION 

18 AMENDMENTS ACT 

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

20 ATLANTIC FISHERIES CONVENTION ACT OF 

21 1995. 

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

23 ‘‘Northwest Atlantic Fisheries Convention Amendments 

24 Act’’. 


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1 (b) REFERENCES TO THE NORTHWEST ATLANTIC

2 FISHERIES CONVENTION ACT OF 1995.—Except as other3 wise expressly provided, whenever in this title an amend4 ment or repeal is expressed in terms of an amendment to, 

5 or repeal of, a section or other provision, the reference shall 

6 be considered to be made to a section or other provision 

7 of the Northwest Atlantic Fisheries Convention Act of 1995 

8 (16 U.S.C. 5601 et seq.). 

9 SEC. 502. REPRESENTATION OF THE UNITED STATES 

10 UNDER CONVENTION. 

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

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

13 Council and the Fisheries’’; 

14 (2) in subsection (b)(1), by striking ‘‘at a meet15 ing of the General Council or the Fisheries Commis16 sion’’; 

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

18 meeting of the General Council or the Fisheries Com19 mission for which the Alternate Commissioner is des20 ignated’’; 

21 (4) in subsection (d)(1), by striking ‘‘at a meet22 ing of the Scientific Council’’; 

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

24 meeting of the Scientific Council for which the Alter25 nate Representative is designated’’; and 


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1 (6) in subsection (f)(1)(A), by striking ‘‘Magnu2 son Act’’ and inserting ‘‘Magnuson-Stevens Fishery 

3 Conservation and Management Act’’. 

4 SEC. 503. REQUESTS FOR SCIENTIFIC ADVICE. 

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

6 (1) in subsection (a)— 

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

8 and inserting ‘‘A Representative may’’; 

9 (B) by striking ‘‘described in subsection 

10 (b)(1) or (2)’’ and inserting ‘‘described in para11 graph (1) or (2) of subsection (b)’’; and 

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

13 and inserting ‘‘the Representative has’’; 

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

15 and inserting ‘‘VII(10)(b)’’; and 

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

17 and inserting ‘‘VII(11)’’. 

18 SEC. 504. AUTHORITIES OF SECRETARY OF STATE WITH RE19 SPECT TO CONVENTION. 

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

21 ‘‘Fisheries Commission’’ each place it appears and insert22 ing ‘‘Commission consistent with the procedures detailed in 

23 Articles XIV and XV of the Convention’’. 


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1 SEC. 505. INTERAGENCY COOPERATION. 

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

3 as follows: 

4 ‘‘(a) AUTHORITIES OF THE SECRETARY.—In carrying 

5 out the provisions of the Convention and this title, the Sec6 retary may arrange for cooperation with— 

7 ‘‘(1) any department, agency, or instrumentality 

8 of the United States; 

9 ‘‘(2) a State; 

10 ‘‘(3) a Council; or 

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

12 SEC. 506. PROHIBITED ACTS AND PENALTIES. 

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

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

15 SEC. 507. CONSULTATIVE COMMITTEE. 

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

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

18 inserting ‘‘2’’; and 

19 (2) in subsection (c), by striking ‘‘General Coun20 cil or the Fisheries’’ each place it appears. 

21 SEC. 508. DEFINITIONS. 

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

23 follows: 

24 ‘‘SEC. 210. DEFINITIONS. 

25 ‘‘In this title: 


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1 ‘‘(1) 1982 CONVENTION.—The term ‘1982 Con2 vention’ means the United Nations Convention on the 

3 Law of the Sea of 10 December 1982. 

4 ‘‘(2) AUTHORIZED ENFORCEMENT OFFICER.— 

5 The term ‘authorized enforcement officer’ means a 

6 person authorized to enforce this title, any regulation 

7 issued under this title, or any measure that is legally 

8 binding on the United States under the Convention. 

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

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

11 XIV, and XV of the Convention. 

12 ‘‘(4) COMMISSIONER.—The term ‘Commissioner’ 

13 means a United States Commissioner to the North14 west Atlantic Fisheries Organization appointed under 

15 section 202. 

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

17 means the Convention on Future Multilateral Co18 operation in the Northwest Atlantic Fisheries, done at 

19 Ottawa on October 24, 1978, and as amended on Sep20 tember 28, 2007. 

21 ‘‘(6) CONVENTION AREA.—The term ‘Convention 

22 Area’ means the waters of the Northwest Atlantic 

23 Ocean north of 35°00′ N and west of a line extending 

24 due north from 35°00′ N and 42°00′ W to 59°00′ N, 

25 thence due west to 44°00′ W, and thence due north to 


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1 the coast of Greenland, and the waters of the Gulf of 

2 St. Lawrence, Davis Strait and Baffin Bay south of 

3 78°10′ N. 

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

5 New England Fishery Management Council or the 

6 Mid-Atlantic Fishery Management Council. 

7 ‘‘(8) FISHERY RESOURCES.— 

8 ‘‘(A) IN GENERAL.—The term ‘fishery re9 sources’ means all fish, mollusks, and crusta10 ceans, including any products thereof, within the 

11 Convention Area. 

12 ‘‘(B) EXCLUSIONS.—The term ‘fishery re13 sources’ does not include— 

14 ‘‘(i) sedentary species over which coast15 al States may exercise sovereign rights con16 sistent with Article 77 of the 1982 Conven17 tion; or 

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

19 under other international treaties, anad20 romous and catadromous stocks and highly 

21 migratory species listed in Annex I of the 

22 1982 Convention. 

23 ‘‘(9) FISHING ACTIVITIES.— 

24 ‘‘(A) IN GENERAL.—The term ‘fishing ac25 tivities’ means harvesting or processing fishery 


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1 resources, or transhipping of fishery resources or 

2 products derived from fishery resources, or any 

3 other activity in preparation for, in support of, 

4 or related to the harvesting of fishery resources. 

5 ‘‘(B) INCLUSIONS.—The term ‘fishing ac6 tivities’ includes— 

7 ‘‘(i) the actual or attempted searching 

8 for or catching or taking of fishery re9 sources; 

10 ‘‘(ii) any activity that can reasonably 

11 be expected to result in locating, catching, 

12 taking, or harvesting of fishery resources for 

13 any purpose; and 

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

15 of, or in preparation for, any activity de16 scribed in this paragraph. 

17 ‘‘(C) EXCLUSIONS.—The term ‘fishing ac18 tivities’ does not include any operation related to 

19 emergencies involving the health and safety of 

20 crew members or the safety of a vessel. 

21 ‘‘(10) FISHING VESSEL.— 

22 ‘‘(A) IN GENERAL.—The term ‘fishing ves23 sel’ means a vessel that is or has been engaged 

24 in fishing activities. 


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1 ‘‘(B) INCLUSIONS.—The term ‘fishing vessel’ 

2 includes a fish processing vessel or a vessel en3 gaged in transshipment or any other activity in 

4 preparation for or related to fishing activities, or 

5 in experimental or exploratory fishing activities. 

6 ‘‘(11) ORGANIZATION.—The term ‘Organization’ 

7 means the Northwest Atlantic Fisheries Organization 

8 provided for by Article V of the Convention. 

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

10 individual (whether or not a citizen or national of the 

11 United States), and any corporation, partnership, as12 sociation, or other entity (whether or not organized or 

13 existing under the laws of any State). 

14 ‘‘(13) REPRESENTATIVE.—The term ‘Representa15 tive’ means a United States Representative to the 

16 Northwest Atlantic Fisheries Scientific Council ap17 pointed under section 202. 

18 ‘‘(14) SCIENTIFIC COUNCIL.—The term ‘Sci19 entific Council’ means the Scientific Council provided 

20 for by Articles V, VI, and VII of the Convention. 

21 ‘‘(15) SECRETARY.—The term ‘Secretary’ means 

22 the Secretary of Commerce. 

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

24 the several States of the United States, the District of 


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1 Columbia, and any other commonwealth, territory, or 

2 possession of the United States. 

3 ‘‘(17) TRANSSHIPMENT.—The term ‘trans4 shipment’ means the unloading of all or any of the 

5 fishery resources on board a fishing vessel to another 

6 fishing vessel either at sea or in port.’’. 

7 SEC. 509. QUOTA ALLOCATION PRACTICE. 

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


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Union Calendar No. 557 

114TH CONGRESS 

2D SESSION H. R. 4576 

[Report No. 114–718] 

A BILL 

To implement the Convention on the Conservation 

South Pacific Ocean, and for other purposes. ment of High Seas Fishery Resources in the the Convention on the Conservation and Managesources in the North Pacific Ocean, to implement and Management of High Seas Fisheries ReSEPTEMBER 6, 2016 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


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