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

<DOC>

                                                 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]

_______________________________________________________________________

                                 A BILL

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

 

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

SECTION 1. SHORT TITLE.

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

       TITLE I--NORTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION

SEC. 101. DEFINITIONS.

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

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

    (a) United States Commissioners.--
            (1) Number of commissioners.--The United States shall be 
        represented on the Commission by 5 United States Commissioners.
            (2) Selection of commissioners.--The Commissioners shall be 
        as follows:
                    (A) Appointment by the president.--
                            (i) In general.--Two of the Commissioners 
                        shall be appointed by the President and shall 
                        be an officer or employee of--
                                    (I) the Department of Commerce;
                                    (II) the Department of State; or
                                    (III) the Coast Guard.
                            (ii) Selection criteria.--In making each 
                        appointment under clause (i), the President 
                        shall select a Commissioner from among 
                        individuals who are knowledgeable or 
                        experienced concerning fisheries resources in 
                        the North Pacific Ocean.
                    (B) North pacific fishery management council.--One 
                Commissioner shall be the chairman of the North Pacific 
                Fishery Management Council or a designee of such 
                chairman.
                    (C) Pacific fishery management council.--One 
                Commissioner shall be the chairman of the Pacific 
                Fishery Management Council or a designee of such 
                chairperson.
                    (D) Western pacific fishery management council.--
                One Commissioner shall be the chairman of the Western 
                Pacific Fishery Management Council or a designee of 
                such chairperson.
    (b) Alternate Commissioners.--In the event of a vacancy in a 
position as a Commissioner appointed under subsection (a), the 
Secretary of State, in consultation with the Secretary, may designate 
from time to time and for periods of time considered appropriate an 
alternate Commissioner to the Commission. An alternate Commissioner may 
exercise all powers and duties of a Commissioner in the absence of a 
Commissioner appointed under subsection (a), and shall serve the 
remainder of the term of the absent Commissioner for which designated.
    (c) Administrative Matters.--
            (1) Employment status.--An individual serving as a 
        Commissioner, or an alternative Commissioner, other than an 
        officer or employee of the United States Government, shall not 
        be considered a Federal employee, except for the purposes of 
        injury compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 171 of 
        title 28, United States Code.
            (2) Compensation.--An individual serving as a Commissioner 
        or an alternate Commissioner, although an officer of the United 
        States while so serving, shall receive no compensation for the 
        individual's services as such Commissioner or alternate 
        Commissioner.
            (3) Travel expenses.--
                    (A) In general.--The Secretary of State shall pay 
                the necessary travel expenses of a Commissioner or an 
                alternate Commissioner in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 5704 
                through 5708, and 5731 of title 5, United States Code.
                    (B) Reimbursement.--The Secretary may reimburse the 
                Secretary of State for amounts expended by the 
                Secretary of State under this paragraph.

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

    The Secretary of State may--
            (1) receive and transmit, on behalf of the United States, 
        reports, requests, recommendations, proposals, decisions, and 
        other communications of and to the Commission;
            (2) in consultation with the Secretary, act upon, or refer 
        to another appropriate authority, any communication received 
        pursuant to paragraph (1);
            (3) with the concurrence of the Secretary, and in 
        accordance with the Convention, object to the decisions of the 
        Commission; and
            (4) request and utilize on a reimbursed or non-reimbursed 
        basis the assistance, services, personnel, equipment, and 
        facilities of other Federal departments and agencies, foreign 
        governments or agencies, or international intergovernmental 
        organizations, in the conduct of scientific research and other 
        programs under this title.

SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE.

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

SEC. 105. ENFORCEMENT.

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

SEC. 106. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate this title or any regulation or permit 
        issued under this title;
            (2) to use any fishing vessel to engage in fishing 
        activities without, or after the revocation or during the 
        period of suspension of, an applicable permit issued pursuant 
        to this title;
            (3) to refuse to permit any officer authorized to enforce 
        this title to board a fishing vessel subject to such person's 
        control for the purposes of conducting any search, 
        investigation, or inspection in connection with the enforcement 
        of this title or any regulation, permit, or the North Pacific 
        Fisheries Convention;
            (4) to assault, resist, oppose, impede, intimidate, or 
        interfere with any such authorized officer in the conduct of 
        any search, investigation, or inspection in connection with the 
        enforcement of this title or any regulation, permit, or the 
        North Pacific Fisheries Convention;
            (5) to resist a lawful arrest for any act prohibited by 
        this title or any regulation promulgated or permit issued under 
        this title;
            (6) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fisheries resources taken or retained in violation of this 
        title or any regulation or permit referred to in paragraph (1) 
        or (2);
            (7) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section;
            (8) to submit to the Secretary false information (including 
        false information regarding the capacity and extent to which a 
        United States fish processor, on an annual basis, will process 
        a portion of the optimum yield of a fishery that will be 
        harvested by fishing vessels of the United States), regarding 
        any matter that the Secretary is considering in the course of 
        carrying out this title;
            (9) to assault, resist, oppose, impede, intimidate, 
        sexually harass, bribe, or interfere with any observer on a 
        vessel under this title, or any data collector employed by or 
        under contract to any person to carry out responsibilities 
        under this title;
            (10) to engage in fishing activities in violation of any 
        regulation adopted pursuant to this title;
            (11) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports required by regulations 
        adopted pursuant to this title to be made, kept, or furnished;
            (12) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States;
            (13) to import, in violation of any regulation adopted 
        pursuant to this title, any fisheries resources in any form of 
        those species subject to regulation pursuant to a 
        recommendation, resolution, or decision of the Commission, or 
        any fisheries resources in any form not under regulation but 
        under investigation by the Commission, during the period such 
        fisheries resources have been denied entry in accordance with 
        this title;
            (14) to make or submit any false record, account, or label 
        for, or any false identification of, any fisheries resources 
        that have been, or are intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce; or
            (15) to refuse to authorize and accept boarding by a duly 
        authorized inspector pursuant to procedures adopted by the 
        Commission for the boarding and inspection of fishing vessels 
        in the Convention Area.

SEC. 107. COOPERATION IN CARRYING OUT CONVENTION.

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

SEC. 108. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by the Commonwealth of the Northern Mariana 
Islands, American Samoa, and Guam to the extent allowed under United 
States law.

SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of countries fishing under 
the management authority of the North Pacific Fisheries Convention that 
do not carry vessel monitoring systems capable of communicating with 
United States enforcement authorities shall, prior to or as soon as 
reasonably possible after, entering and transiting the exclusive 
economic zone bounded by the Convention Area, ensure that all fishing 
gear on board the vessel is stowed below deck or otherwise removed from 
the place it is normally used for fishing activities and placed where 
it is not readily available for fishing activities.

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

SEC. 201. DEFINITIONS.

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

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

    (a) Appointment.--
            (1) In general.--The United States shall be represented on 
        the Commission by not more than 3 Commissioners. In making each 
        appointment, the President shall select a Commissioner from 
        among individuals who are knowledgeable or experienced 
        concerning fishery resources in the South Pacific Ocean.
            (2) Representation.--At least one of the Commissioners 
        shall be--
                    (A) serving at the pleasure of the President, an 
                officer or employee of--
                            (i) the Department of Commerce;
                            (ii) the Department of State; or
                            (iii) the Coast Guard; and
                    (B) the chairperson or designee of the Council.
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time considered appropriate an alternate Commissioner to 
the Commission. An alternate Commissioner may exercise all powers and 
duties of a Commissioner in the absence of a Commissioner appointed 
under subsection (a).
    (c) Administrative Matters.--
            (1) Employment status.--An individual serving as a 
        Commissioner, or as an alternate Commissioner, other than an 
        officer or employee of the United States Government, shall not 
        be considered a Federal employee, except for the purposes of 
        injury compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 171 of 
        title 28, United States Code.
            (2) Compensation.--An individual serving as a Commissioner 
        or an alternate Commissioner, although an officer of the United 
        States while so serving, shall receive no compensation for the 
        individual's services as such Commissioner or alternate 
        Commissioner.
            (3) Travel expenses.--
                    (A) In general.--The Secretary of State shall pay 
                the necessary travel expenses of a Commissioner or an 
                alternate Commissioner in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 5704 
                through 5708, and 5731 of title 5, United States Code.
                    (B) Reimbursement.--The Secretary may reimburse the 
                Secretary of State for amounts expended by the 
                Secretary of State under this paragraph.

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

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

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

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

SEC. 205. ENFORCEMENT.

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

SEC. 206. PROHIBITED ACTS.

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

SEC. 207. COOPERATION IN CARRYING OUT THE CONVENTION.

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

SEC. 208. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by American Samoa, Guam, and the Commonwealth 
of the Northern Mariana Islands to the extent allowed under United 
States law.

SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of countries fishing under 
the management authority of the South Pacific Fisheries Convention that 
do not carry vessel monitoring systems capable of communicating with 
United States enforcement authorities shall, before or as soon as 
reasonably possible after, entering and transiting the exclusive 
economic zone bounded by the Convention Area, ensure that all fishing 
gear on board the vessel is stowed below deck or otherwise removed from 
the place it is normally used for fishing activities and placed where 
it is not readily available for fishing activities.

      TITLE III--WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION

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

    (a) In General.--The Western and Central Pacific Fisheries 
Convention Implementation Act is amended--
            (1) in section 503 (16 U.S.C. 6902)--
                    (A) in subsection (a), by inserting ``and 
                commercial fishing'' after ``fish stocks''; and
                    (B) in subsection (d)(1), by adding at the end the 
                following:
                    ``(E) Agenda recommendations.--No later than 30 
                days before each annual meeting of the Commission, the 
                Advisory Committee shall transmit to the United States 
                Commissioners recommendations relating to the agenda of 
                the annual meeting. The recommendations must be agreed 
                to by a majority of the Advisory Committee members. The 
                United States Commissioners shall consider such 
                recommendations, along with additional views 
                transmitted by Advisory Committee members, in the 
                formulation of the United States position for the 
                Commission meeting and during the negotiations at that 
                meeting.''; and
            (2) by redesignating section 511 (16 U.S.C. 6910) as 
        section 512, and inserting after section 510 the following:

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

    ``The Secretary, in consultation with the Secretary of State, in 
the course of negotiations, shall seek to--
            ``(1) minimize any disadvantage to United States fishermen 
        in relation to other members of the Commission;
            ``(2) maximize the opportunities for fishing vessels of the 
        United States to harvest fish stocks on the high seas in the 
        Convention area, recognizing that such harvests may be 
        restricted if the Commission, based on the best available 
        scientific information provided by the Scientific Committee, 
        determines it is necessary to achieve the conservation 
        objective set forth in Article 2 of the Convention;
            ``(3) prevent any requirement for the transfer to other 
        nations or foreign entities of the fishing capacity, fishing 
        capacity rights, or fishing vessels of the United States or its 
        territories, unless any such requirement is voluntary and 
        market-based; and
            ``(4) ensure that conservation and management measures take 
        into consideration traditional fishing patterns of fishing 
        vessels of the United States and the operating requirements of 
        the fisheries covered by the Western and Central Pacific 
        Convention.''.
    (b) Conforming Amendment.--Section 1(b) of the Magnuson-Stevens 
Fishery Conservation and Management Reauthorization Act of 2006 is 
amended in the table of contents by striking the item relating to 
section 511 (121 Stat. 3576) and inserting the following:

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

         TITLE IV--ILLEGAL, UNREGULATED, AND UNREPORTED FISHING

SEC. 401. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM 
              PROTECTION ACT.

    (a) Application of Act.--Section 606(b) of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826g(b)) is amended by 
striking ``and'' at the end of paragraph (7), striking the period at 
the end of paragraph (8) and inserting ``; and'' , and by adding at the 
end the following:
            ``(9) the Ensuring Access to Pacific Fisheries Act.''.
    (b) Biennial Reports.--Section 607 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826h) is amended by 
inserting ``on June 1 of that year'' after ``every 2 years 
thereafter,''.
    (c) Identification of Vessels.--Section 609(a) of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is 
amended by striking ``fishing vessels of that nation are engaged, or 
have'' and inserting ``any fishing vessel of that nation is engaged, or 
has''.
    (d) Identification of Nations.--Section 610(a)(2)(A) of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is 
amended by striking ``calendar year'' and inserting ``3 years''.

    TITLE V--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

SEC. 501. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC FISHERIES 
              CONVENTION ACT OF 1995.

    (a) Short Title.--This title may be cited as the ``Northwest 
Atlantic Fisheries Convention Amendments Act''.
    (b) References to the Northwest Atlantic Fisheries Convention Act 
of 1995.--Except as otherwise expressly provided, whenever in this 
title an amendment or repeal is expressed in terms of an amendment to, 
or repeal of, a section or other provision, the reference shall be 
considered to be made to a section or other provision of the Northwest 
Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.).

SEC. 502. REPRESENTATION OF THE UNITED STATES UNDER CONVENTION.

    Section 202 (16 U.S.C. 5601) is amended--
            (1) in subsection (a)(1), by striking ``General Council and 
        the Fisheries'';
            (2) in subsection (b)(1), by striking ``at a meeting of the 
        General Council or the Fisheries Commission'';
            (3) in subsection (b)(2), by striking ``, at any meeting of 
        the General Council or the Fisheries Commission for which the 
        Alternate Commissioner is designated'';
            (4) in subsection (d)(1), by striking ``at a meeting of the 
        Scientific Council'';
            (5) in subsection (d)(2), by striking ``, at any meeting of 
        the Scientific Council for which the Alternate Representative 
        is designated''; and
            (6) in subsection (f)(1)(A), by striking ``Magnuson Act'' 
        and inserting ``Magnuson-Stevens Fishery Conservation and 
        Management Act''.

SEC. 503. REQUESTS FOR SCIENTIFIC ADVICE.

    Section 203 (16 U.S.C. 5602) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Representatives may'' and 
                inserting ``A Representative may'';
                    (B) by striking ``described in subsection (b)(1) or 
                (2)'' and inserting ``described in paragraph (1) or (2) 
                of subsection (b)''; and
                    (C) by striking ``the Representatives have'' and 
                inserting ``the Representative has'';
            (2) by striking ``VII(1)'' each place it appears and 
        inserting ``VII(10)(b)''; and
            (3) in subsection (b)(2), by striking ``VIII(2)'' and 
        inserting ``VII(11)''.

SEC. 504. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.

    Section 204 (16 U.S.C. 5603) is amended by striking ``Fisheries 
Commission'' each place it appears and inserting ``Commission 
consistent with the procedures detailed in Articles XIV and XV of the 
Convention''.

SEC. 505. INTERAGENCY COOPERATION.

    Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows:
    ``(a) Authorities of the Secretary.--In carrying out the provisions 
of the Convention and this title, the Secretary may arrange for 
cooperation with--
            ``(1) any department, agency, or instrumentality of the 
        United States;
            ``(2) a State;
            ``(3) a Council; or
            ``(4) a private institution or an organization.''.

SEC. 506. PROHIBITED ACTS AND PENALTIES.

    Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended by striking 
``fish'' and inserting ``fishery resources''.

SEC. 507. CONSULTATIVE COMMITTEE.

    Section 208 (16 U.S.C. 5607) is amended--
            (1) in subsection (b)(2), by striking ``two'' and inserting 
        ``2''; and
            (2) in subsection (c), by striking ``General Council or the 
        Fisheries'' each place it appears.

SEC. 508. DEFINITIONS.

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

``SEC. 210. DEFINITIONS.

    ``In this title:
            ``(1) 1982 convention.--The term `1982 Convention' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.
            ``(2) Authorized enforcement officer.--The term `authorized 
        enforcement officer' means a person authorized to enforce this 
        title, any regulation issued under this title, or any measure 
        that is legally binding on the United States under the 
        Convention.
            ``(3) Commission.--The term `Commission' means the body 
        provided for by Articles V, VI, XIII, XIV, and XV of the 
        Convention.
            ``(4) Commissioner.--The term `Commissioner' means a United 
        States Commissioner to the Northwest Atlantic Fisheries 
        Organization appointed under section 202.
            ``(5) Convention.--The term `Convention' means the 
        Convention on Future Multilateral Cooperation in the Northwest 
        Atlantic Fisheries, done at Ottawa on October 24, 1978, and as 
        amended on September 28, 2007.
            ``(6) Convention area.--The term `Convention Area' means 
        the waters of the Northwest Atlantic Ocean north of 3500' N 
        and west of a line extending due north from 3500' N and 4200' 
        W to 5900' N, thence due west to 4400' W, and thence due 
        north to the coast of Greenland, and the waters of the Gulf of 
        St. Lawrence, Davis Strait and Baffin Bay south of 7810' N.
            ``(7) Council.--The term `Council' means the New England 
        Fishery Management Council or the Mid-Atlantic Fishery 
        Management Council.
            ``(8) Fishery resources.--
                    ``(A) In general.--The term `fishery resources' 
                means all fish, mollusks, and crustaceans, including 
                any products thereof, within the Convention Area.
                    ``(B) Exclusions.--The term `fishery resources' 
                does not include--
                            ``(i) sedentary species over which coastal 
                        States may exercise sovereign rights consistent 
                        with Article 77 of the 1982 Convention; or
                            ``(ii) in so far as they are managed under 
                        other international treaties, anadromous and 
                        catadromous stocks and highly migratory species 
                        listed in Annex I of the 1982 Convention.
            ``(9) Fishing activities.--
                    ``(A) In general.--The term `fishing activities' 
                means harvesting or processing fishery resources, or 
                transhipping of fishery resources or products derived 
                from fishery resources, or any other activity in 
                preparation for, in support of, or related to the 
                harvesting of fishery resources.
                    ``(B) Inclusions.--The term `fishing activities' 
                includes--
                            ``(i) the actual or attempted searching for 
                        or catching or taking of fishery resources;
                            ``(ii) any activity that can reasonably be 
                        expected to result in locating, catching, 
                        taking, or harvesting of fishery resources for 
                        any purpose; and
                            ``(iii) any operation at sea in support of, 
                        or in preparation for, any activity described 
                        in this paragraph.
                    ``(C) Exclusions.--The term `fishing activities' 
                does not include any operation related to emergencies 
                involving the health and safety of crew members or the 
                safety of a vessel.
            ``(10) Fishing vessel.--
                    ``(A) In general.--The term `fishing vessel' means 
                a vessel that is or has been engaged in fishing 
                activities.
                    ``(B) Inclusions.--The term `fishing vessel' 
                includes a fish processing vessel or a vessel engaged 
                in transshipment or any other activity in preparation 
                for or related to fishing activities, or in 
                experimental or exploratory fishing activities.
            ``(11) Organization.--The term `Organization' means the 
        Northwest Atlantic Fisheries Organization provided for by 
        Article V of the Convention.
            ``(12) Person.--The term `person' means any individual 
        (whether or not a citizen or national of the United States), 
        and any corporation, partnership, association, or other entity 
        (whether or not organized or existing under the laws of any 
        State).
            ``(13) Representative.--The term `Representative' means a 
        United States Representative to the Northwest Atlantic 
        Fisheries Scientific Council appointed under section 202.
            ``(14) Scientific council.--The term `Scientific Council' 
        means the Scientific Council provided for by Articles V, VI, 
        and VII of the Convention.
            ``(15) Secretary.--The term `Secretary' means the Secretary 
        of Commerce.
            ``(16) State.--The term `State' means each of the several 
        States of the United States, the District of Columbia, and any 
        other commonwealth, territory, or possession of the United 
        States.
            ``(17) Transshipment.--The term `transshipment' means the 
        unloading of all or any of the fishery resources on board a 
        fishing vessel to another fishing vessel either at sea or in 
        port.''.

SEC. 509. QUOTA ALLOCATION PRACTICE.

    Section 213 (16 U.S.C. 5612) is repealed.
                                                 Union Calendar No. 557

114th CONGRESS

  2d Session

                               H. R. 4576

                          [Report No. 114-718]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           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
```