PUBLIC LAW 114–327—DEC. 16, 2016 

ENSURING ACCESS TO PACIFIC FISHERIES 

ACT 


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130 STAT. 1974 PUBLIC LAW 114–327—DEC. 16, 2016 

Public Law 114–327 

114th Congress 

An Act 

To implement the Convention on the Conservation and Management of High Seas 

Fisheries Resources in the North Pacific Ocean, to implement the Convention 

on the Conservation and Management of High Seas Fishery Resources in the 

South Pacific Ocean, and for other purposes. 

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 

Subtitle A—North Pacific Fisheries 

Convention Implementation 

SEC. 101. DEFINITIONS. 

In this subtitle: 

(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.— 

16 USC 7701. 

16 USC 7701 

note. 

Ensuring Access 

to Pacific 

Fisheries Act. 

Dec. 16, 2016 

[H.R. 6452] 


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(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; 


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(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 five 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), 

Consultation. 

16 USC 7702. 


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the Secretary of State, in consultation with the Secretary, may 

designate from time to time and for periods of time considered 

appropriate an alternate Commissioner to the Commission. An 

alternate Commissioner may exercise all powers and duties of a 

Commissioner in the absence of a Commissioner appointed under 

subsection (a), and shall serve the remainder of the term of the 

absent Commissioner for which designated. 

(c) ADMINISTRATIVE MATTERS.— 

(1) EMPLOYMENT STATUS.—An individual serving as a 

Commissioner, or an alternative Commissioner, other than an 

officer or employee of the United States Government, shall 

not be considered a Federal employee, except for the purposes 

of injury compensation or tort claims liability as provided in 

chapter 81 of title 5, United States Code, and chapter 171 

of title 28, United States Code. 

(2) COMPENSATION.—An individual serving as a Commissioner or an alternate Commissioner, although an officer of 

the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. 

(3) TRAVEL EXPENSES.— 

(A) IN GENERAL.—The Secretary of State shall pay 

the necessary travel expenses of a Commissioner or an 

alternate Commissioner in accordance with the Federal 

Travel Regulations and sections 5701, 5702, 5704 through 

5708, and 5731 of title 5, United States Code. 

(B) REIMBURSEMENT.—The Secretary may reimburse 

the Secretary of State for amounts expended by the Secretary of State under this paragraph. 

(d) ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT OF PERMANENT ADVISORY COMMITTEE.— 

(A) MEMBERSHIP.—There is established an advisory 

committee which shall be composed of 11 members 

appointed by the Secretary as follows: 

(i) A member engaging in commercial fishing 

activities in the management area of the North Pacific 

Fishery Management Council. 

(ii) A member engaging in commercial fishing 

activities in the management area of the Pacific 

Fishery Management Council. 

(iii) A member engaging in commercial fishing 

activities in the management area of the Western 

Pacific Fishery Management Council. 

(iv) Three members from the indigenous population 

of the North Pacific, including an Alaska Native, 

Native Hawaiian, or a native-born inhabitant of any 

State of the United States in the Pacific, and an individual from a Pacific Coast tribe. 

(v) A member that is a marine fisheries scientist 

that is a resident of a State the adjacent exclusive 

economic zone for which is bounded by the Convention 

Area. 

(vi) A member nominated by the Governor of the 

State of Alaska. 

(vii) A member nominated by the Governor of the 

State of Hawaii. 


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(viii) A member nominated by the Governor of 

the State of Washington. 

(ix) A member nominated by the Governor of the 

State of California. 

(B) TERMS AND PRIVILEGES.—Each member of the 

Advisory Committee shall serve for a term of 2 years and 

shall be eligible for reappointment for not more than 3 

consecutive terms. The Commissioners shall notify the 

Advisory Committee in advance of each meeting of the 

Commissioners. The Advisory Committee shall attend each 

meeting and shall examine and be heard on all proposed 

programs, investigations, reports, recommendations, and 

regulations of the Commissioners. 

(C) PROCEDURES.— (i) IN GENERAL.—The Advisory Committee shall 

determine its organization and prescribe its practices 

and procedures for carrying out its functions under 

this subtitle, the North Pacific Fisheries Convention, 

and the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et seq.). 

(ii) PUBLIC AVAILABILITY OF PROCEDURES.—The 

Advisory Committee shall publish and make available 

to the public a statement of its organization, practices, 

and procedures. 

(iii) QUORUM.—A majority of the members of the 

Advisory Committee shall constitute a quorum to conduct business. 

(iv) PUBLIC MEETINGS.—Meetings of the Advisory 

Committee, except when in executive session, shall 

be open to the public. Prior notice of each non-executive 

meeting shall be made public in a timely fashion. The 

Advisory Committee shall not be subject to the Federal 

Advisory Committee Act (5 U.S.C. App.). 

(v) COST SAVINGS.—In order to reduce the cost 

of Advisory Committee meetings, the Advisory Committee shall, to the extent practicable, utilize teleconferences and webinars for that purpose. 

(D) PROVISION OF INFORMATION.—The Secretary and 

the Secretary of State shall furnish the Advisory Committee 

with relevant information concerning fisheries resources 

and international fishery agreements. 

(2) ADMINISTRATIVE MATTERS.— 

(A) SUPPORT SERVICES.—The Secretary shall provide 

to the Advisory Committee in a timely manner such 

administrative and technical support services as are necessary to function effectively. 

(B) COMPENSATION; STATUS.—An individual appointed 

to serve as a member of the Advisory Committee— 

(i) shall serve without pay; and 

(ii) shall not be considered a Federal employee, 

except for the purposes of injury compensation or tort 

claims liability as provided in chapter 81 of title 5, 

United States Code, and chapter 171 of title 28, United 

States Code. 

(C) TRAVEL EXPENSES.— (i) IN GENERAL.—The Secretary of State may pay 

the necessary travel expenses of members of the 

Notifications. 

Publication. 

Determination. 

Notification. 


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Advisory Committee in carrying out the duties of the 

Advisory Committee in accordance with the Federal 

Travel Regulations and sections 5701, 5702, 5704 

through 5708, and 5731 of title 5, United States Code. 

(ii) REIMBURSEMENT.—The Secretary may 

reimburse the Secretary of State for amounts expended 

by the Secretary of State under this subparagraph. 

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 subtitle. 

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 subtitle, 

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 subtitle. 

(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 subtitle; 

(2) fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary 

to implement the North Pacific Fisheries Convention; 

Applicability. 

Consultation. 

16 USC 7704. 

Consultation. 

16 USC 7703. 


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(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 MagnusonStevens 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 subtitle. 

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

ensure the consistency, to the extent practicable, of fishery management programs administered under this subtitle, the MagnusonStevens 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 subtitle 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— 

16 USC 7705. 

Deadlines. 


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(1) shall administer and enforce this subtitle and any regulations issued under this subtitle; 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 subtitle. 

(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 subtitle 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 subtitle. Any person 

that violates this subtitle 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 subtitle. 

(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 subtitle, 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 subtitle, 

and information submitted under any requirement of this subtitle 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— 


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(A) to a Federal employee who is responsible for administering, implementing, or enforcing this subtitle; 

(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 subtitle. 

(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 subtitle. 

(B) EXCEPTION.—The Secretary may release or make 

public information submitted under this subtitle 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 subtitle. 

SEC. 106. PROHIBITED ACTS. 

It is unlawful for any person— 

(1) to violate this subtitle or any regulation or permit 

issued under this subtitle; 

(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 subtitle; 

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

this subtitle 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 subtitle 

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 subtitle or any regulation, permit, or the 

North Pacific Fisheries Convention; 

(5) to resist a lawful arrest for any act prohibited by this 

subtitle or any regulation promulgated or permit issued under 

this subtitle; 

(6) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fisheries 

16 USC 7706. 

Regulations. 

Procedures. 


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resources taken or retained in violation of this subtitle 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 subtitle; 

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

harass, bribe, or interfere with any observer on a vessel under 

this subtitle, or any data collector employed by or under contract to any person to carry out responsibilities under this 

subtitle; 

(10) to engage in fishing activities in violation of any regulation adopted pursuant to this subtitle; 

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

statistical records, or other reports required by regulations 

adopted pursuant to this subtitle 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 subtitle, 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 subtitle; 

(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 subtitle. 

(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. 

16 USC 7707. 


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(c) SANCTIONED FISHING OPERATIONS AND BIOLOGICAL EXPERI- MENTS.—Nothing in this subtitle, 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 subtitle 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. 

SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 

There is authorized to be appropriated out of funds made 

available to the Secretary and the Secretary of State $300,000 

for each of fiscal years 2017 through 2021 to carry out this subtitle 

and to pay the United States contribution to the Commission under 

Article 12 of the North Pacific Fisheries Convention. 

Subtitle B—Miscellaneous 

SEC. 121. FUNDING FOR TRAVEL EXPENSES. 

(a) NORTH PACIFIC BERING SEA FISHERIES ADVISORY BODY.— 

Section 5 of the Act entitled ‘‘An Act to approve the governing 

international fishery agreement between the United States and 

the Union of Soviet Socialist Republics, and for other purposes’’, 

approved November 7, 1988 (Public Law 100–629; 16 U.S.C. 1823 

note), is amended by adding at the end the following: 

‘‘(e) TRAVEL EXPENSES.— 

‘‘(1) IN GENERAL.—The Secretary of State may pay the 

necessary travel expenses of the members of the advisory body 

established pursuant to this section in carrying out their service 

as such members in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 

of title 5, United States Code. 

‘‘(2) REIMBURSEMENT.—The Secretary of Commerce may 

reimburse the Secretary of State for amounts expended by 

the Secretary of State under this subsection.’’. 

(b) NORTH PACIFIC ANADROMOUS FISH COMMISSION.— 

16 USC 7710. 

16 USC 7709. 

16 USC 7708. 


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(1) UNITED STATES COMMISSIONERS.—Section 804 of the 

North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003) 

is amended by adding at the end the following: 

‘‘(e) TRAVEL EXPENSES.— ‘‘(1) IN GENERAL.—The Secretary may pay the necessary 

travel expenses of the United States Commissioners and Alternate United States Commissioners in carrying out the duties 

of the Commission in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 

of title 5, United States Code. 

‘‘(2) REIMBURSEMENT.—The Secretary of Commerce may 

reimburse the Secretary for amounts expended by the Secretary 

under this subparagraph.’’. 

(2) ADVISORY PANEL.—Section 805 of the North Pacific 

Anadromous Stocks Act of 1992 (16 U.S.C. 5004) is amended 

by striking subsection (e) and inserting the following: 

‘‘(e) COMPENSATION.—The members of the Advisory Panel shall 

receive no compensation for their service as such members. 

‘‘(f) TRAVEL EXPENSES.— 

‘‘(1) IN GENERAL.—The Secretary may pay the necessary 

travel expenses of the members of the Advisory Panel in carrying out their service as such members in accordance with 

the Federal Travel Regulations and sections 5701, 5702, 5704 

through 5708, and 5731 of title 5, United States Code. 

‘‘(2) REIMBURSEMENT.—The Secretary of Commerce may 

reimburse the Secretary for amounts expended by the Secretary 

under this subparagraph.’’. 

SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT OF 1998. 

Section 10 of the National Sea Grant College Program 

Reauthorization Act of 1998 (15 U.S.C. 1541) is amended by striking 

‘‘the United States Coast Guard’’ each place it appears and inserting 

‘‘another Federal agency’’. 

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. 

16 USC 7801. 


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(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 


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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 1 of the Commissioners 

shall be— 

(A) serving at the pleasure of the President, an officer 

or employee of— 

(i) the Department of Commerce; 

(ii) the Department of State; or 

(iii) the Coast Guard; and 

(B) the chairperson or designee of the Council. 

(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in 

consultation with the Secretary, may designate from time to time 

and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise 

all powers and duties of a Commissioner in the absence of a 

Commissioner appointed under subsection (a). 

(c) ADMINISTRATIVE MATTERS.— 

(1) EMPLOYMENT STATUS.—An individual serving as a 

Commissioner, or as an alternate Commissioner, other than 

an officer or employee of the United States Government, shall 

not be considered a Federal employee, except for the purposes 

of injury compensation or tort claims liability as provided in 

chapter 81 of title 5, United States Code, and chapter 171 

of title 28, United States Code. 

(2) COMPENSATION.—An individual serving as a Commissioner or an alternate Commissioner, although an officer of 

the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner. 

(3) TRAVEL EXPENSES.— 

(A) IN GENERAL.—The Secretary of State shall pay 

the necessary travel expenses of a Commissioner or an 

alternate Commissioner in accordance with the Federal 

Travel Regulations and sections 5701, 5702, 5704 through 

5708, and 5731 of title 5, United States Code. 

(B) REIMBURSEMENT.—The Secretary may reimburse 

the Secretary of State for amounts expended by the Secretary of State under this paragraph. 

(d) ADVISORY COMMITTEE.— 

(1) ESTABLISHMENT OF PERMANENT ADVISORY COMMITTEE.— 

Consultation. 

President. 

16 USC 7802. 


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(A) MEMBERSHIP.—There is established an advisory 

committee which shall be composed of 7 members appointed 

by the Secretary as follows: 

(i) A member engaging in commercial fishing in 

the management area of the Council. 

(ii) Two members from the indigenous population 

of the Pacific, including a Native Hawaiian and a 

native-born inhabitant of any State in the Pacific. 

(iii) A member that is a marine fisheries scientist 

and a member of the Council’s Scientific and Statistical 

Committee. 

(iv) A member representing a non-governmental 

organization active in fishery issues in the Pacific. 

(v) A member nominated by the Governor of the 

State of Hawaii. 

(vi) A member designated by the Council. 

(B) TERMS AND PRIVILEGES.—Each member of the 

Advisory Committee shall serve for a term of 2 years and 

shall be eligible for reappointment for not more than 3 

consecutive terms. The Commissioners shall notify the 

Advisory Committee in advance of each meeting of the 

Commissioners. The Advisory Committee may attend each 

meeting and may examine and be heard on all proposed 

programs, investigations, reports, recommendations, and 

regulations of the Commissioners. 

(C) PROCEDURES.— 

(i) IN GENERAL.—The Advisory Committee shall 

determine its organization and prescribe its practices 

and procedures for carrying out its functions under 

this title, the South Pacific Fisheries Convention, and 

the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et seq.). 

(ii) PUBLIC AVAILABILITY OF PROCEDURES.—The 

Advisory Committee shall publish and make available 

to the public a statement of its organization, practices, 

and procedures. 

(iii) QUORUM.—A majority of the members of the 

Advisory Committee shall constitute a quorum to conduct business. 

(iv) PUBLIC MEETINGS.—Meetings of the Advisory 

Committee, except when in executive session, shall 

be open to the public. Prior notice of each non-executive 

meeting shall be made public in a timely fashion. The 

Advisory Committee shall not be subject to the Federal 

Advisory Committee Act (5 U.S.C. App.). 

(v) COST SAVINGS.—In order to reduce the cost 

of Advisory Committee meetings, the Advisory Committee shall, to the extent practicable, utilize teleconferences and webinars for that purpose. 

(D) PROVISION OF INFORMATION.—The Secretary and 

the Secretary of State shall furnish the Advisory Committee 

with relevant information concerning fishery resources and 

international fishery agreements. 

(2) ADMINISTRATIVE MATTERS.— 

(A) SUPPORT SERVICES.—The Secretary shall provide 

to the Advisory Committee in a timely manner such 

Notifications. 

Publication. 

Determination. 

Notification. 


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administrative and technical support services as are necessary to function effectively. 

(B) COMPENSATION; STATUS; EXPENSES.—An individual 

appointed to serve as a member of the Advisory Committee— 

(i) shall serve without pay; and 

(ii) shall not be considered a Federal employee, 

except for the purposes of injury compensation or tort 

claims liability as provided in chapter 81 of title 5, 

United States Code, and chapter 171 of title 28, United 

States Code. 

SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 

STATE. 

The Secretary of State may— 

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

reports, requests, recommendations, proposals, decisions, and 

other communications of and to the Commission; 

(2) in consultation with the Secretary, act upon, or refer 

to other appropriate authority, any communication pursuant 

to paragraph (1); and 

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

with the South Pacific Fishery Resources Convention, object 

to decisions of the Commission. 

SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULEMAKING 

AUTHORITY. 

(a) RESPONSIBILITIES.—The Secretary may— 

(1) administer this title and any regulations issued under 

this title, except to the extent otherwise provided for in this 

title; 

(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 exvessel 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. 

Consultation. 

16 USC 7804. 

Consultation. 

16 USC 7803. 


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(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 and 

the Secretary of the department in which the Coast Guard is 

operating 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 

16 USC 7805. 

Deadlines. 


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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.— 

(1) IN GENERAL.—The district courts of the United States 

shall have jurisdiction over any actions arising under this section. 

(2) HAWAII AND PACIFIC INSULAR AREAS.—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— 

(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 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; 

16 USC 7806. 


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(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 PER- SONNEL.—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 EXPERI- MENTS.—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, 

16 USC 7808. 

16 USC 7807. 


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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. 

SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There is authorized to be appropriated out 

of funds made available to the Secretary and the Secretary of 

State $300,000 for each of fiscal years 2017 through 2021 to carry 

out this title and to pay the United States contribution to the 

Commission under Article 15 of the South Pacific Fisheries Convention. 

(b) INTERNATIONAL COOPERATION AND ASSISTANCE.— 

(1) IN GENERAL.—Subject to the limits of available appropriations and consistent with applicable law, the Secretary 

or the Secretary of State may provide appropriate assistance, 

including grants, to developing nations and international 

organizations of which such nations are members to assist 

those nations in meeting their obligations under the South 

Pacific Fisheries Convention. 

(2) TRANSFER OF FUNDS.—Subject to the limits of available 

appropriations and consistent with other applicable law, the 

Secretary and the Secretary of State are authorized to transfer 

funds to any foreign government and any international, nongovernmental, or international organization, including the 

Commission, for purposes of carrying out the international 

responsibilities under paragraph (1). 

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 

Deadline. 

16 USC 7810. 

16 USC 7809. 


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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— 

‘‘(1) to minimize any disadvantage to United States fishermen in relation to other members of the Commission; 

‘‘(2) to 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) to 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) to 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 MagnusonStevens 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— 

(1) in paragraph (7), by striking ‘‘and’’ at the end; 

(2) in paragraph (8), by striking the period at the end 

and inserting ‘‘; and’’; and 

(3) 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 

Determination. 

Consultation. 

Negotiations. 

16 USC 6909a. 


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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 

16 USC 5601 

note. 

Northwest 

Atlantic 

Fisheries 

Convention 

Amendments 

Act. 


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(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. 


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‘‘(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) insofar 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 


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(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. AUTHORIZATION OF APPROPRIATIONS. 

Section 211 (16 U.S.C. 5610) is amended— 

(1) by striking ‘‘including use for payment as the United 

States contribution to the Organization as provided in Article 

XVI of the Convention’’ and inserting ‘‘including to pay the 

United States contribution to the Organization as provided 

in Article IX of the Convention’’; and 

(2) by striking ‘‘2012’’ and inserting ‘‘2021’’. 

SEC. 510. QUOTA ALLOCATION PRACTICE. 

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

TITLE VI—MISCELLANEOUS 

SEC. 601. REPEAL OF NOAA OCEANS AND HUMAN HEALTH INITIATIVE 

REPORT. 

Section 904 of the Oceans and Human Health Act (33 U.S.C. 

3103) is amended— 

Repealed. 


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PUBLIC LAW 114–327—DEC. 16, 2016 130 STAT. 1999 

LEGISLATIVE HISTORY—H.R. 6452: 

CONGRESSIONAL RECORD, Vol. 162 (2016): 

Dec. 8, considered and passed House. 

Dec. 9, considered and passed Senate. 

DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 

Dec. 16, Presidential statement. 

Æ 

(1) in subsection (a), by striking ‘‘(a) IN GENERAL.—’’ and 

indenting appropriately; and 

(2) by striking subsection (b). 

Approved December 16, 2016 


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