59–006 

114TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 114–718 

ENSURING ACCESS TO PACIFIC FISHERIES ACT 

SEPTEMBER 6, 2016.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

[To accompany H.R. 4576] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 4576) to implement the Convention on the Conservation 

and Management of High Seas Fisheries Resources in the North 

Pacific Ocean, to implement the Convention on the Conservation 

and Management of High Seas Fishery Resources in the South Pacific Ocean, and for other purposes, having considered the same, report favorably thereon with an amendment and recommend that 

the bill as amended do pass. 

The amendment is as follows: 

Strike all after the enacting clause and insert the following: 

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 

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Fishery Management Council established under section 302 of the MagnusonStevens 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. 

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(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. 

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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— 

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(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. 

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(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— 

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(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 

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(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— 

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(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 MagnusonStevens 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 secmstockstill on DSK3G9T082PROD with HEARINGS

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tions 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 scimstockstill on DSK3G9T082PROD with HEARINGS

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entific 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 

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‘‘(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’’; 

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(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 demstockstill on DSK3G9T082PROD with HEARINGS

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rived 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. 

PURPOSE OF THE BILL

The purpose of H.R. 4576 is to implement the Convention on the 

Conservation and Management of High Seas Fisheries Resources in 

the North Pacific Ocean, and to implement the Convention on the 

Conservation and Management of High Seas Fishery Resources in 

the South Pacific Ocean. 

BACKGROUND AND NEED FOR LEGISLATION

H.R. 4576, as amended, implements U.S. participation in three 

international fishery management agreements: the Convention on 

the Conservation and Management of High Seas Fisheries Resources in the North Pacific Ocean; the Convention on the Conservation and Management of High Seas Fishery Resources in the 

South Pacific Ocean; and the Convention on Future Multilateral 

Cooperation in the Northwest Atlantic Fisheries. 

The bill also amends the Western and Central Pacific Fisheries 

Convention Implementation Act (Public Law 109–479, 16 U.S.C. 

6901 et seq.) to help ensure that U.S. Commissioners to the Western and Central Pacific Fisheries Convention advocate positions 

that minimize disadvantages to U.S. fishermen in relation to other 

foreign entities party to that Convention. 

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The coordinated management of shared fishery stocks in international waters (201 or more miles from U.S. shore) is accomplished by nations participating in Regional Fisheries Management 

Organizations (RFMOs). According to the U.S. State Department, 

these international commissions guide and coordinate the fisheries 

management activities of multiple nations in a specific region. 

There are a number of RFMOs that the U.S. is party to, with the 

five major RFMOs being the Commission for the Conservation of 

Southern Bluefin Tuna, the Inter-American Tropical Tuna Commission, the International Commission for the Conservation of Atlantic 

Tuna, the Indian Ocean Tuna Commission, and the Western and 

Central Pacific Fisheries Commission. 

According to the United Nations Food and Agriculture Organization, an RFMO—comprised of designees from each participating 

country and territory—fosters cooperative management of these 

shared resources. Cooperation under such a convention allows the 

U.S. to address fisheries resources not covered under preexisting 

fisheries management instruments and helps to prevent destructive 

fishing practices by other participating nations that may hurt domestic fisheries. H.R. 4576 authorizes the U.S. to participate and 

enforce regulations set by three RMFOs. 

In 2006, delegations from the U.S., Japan, South Korea, and 

Russia met to begin negotiations on an agreement to address deep 

sea fishing practices occurring outside areas of national jurisdiction. The Convention, adopted in February 2012, established the 

North Pacific Fisheries Commission (NPFC). Through the NPFC, 

participating nations will cooperate to facilitate fisheries management. According to the NPFC, the Commission officially entered 

into force in July 2015 and is comprised of Canada, China, Japan, 

South Korea, Russia, Taiwan, and the U.S. The Convention also establishes a Scientific Committee and a Technical Compliance Committee to aid the NPFC in its decision making. These ‘‘subsidiary 

bodies’’ shall provide a report on the work of the NPFC after each 

meeting and advise and recommend actions as appropriate. 

In 2006, delegations from Australia, Chile, and New Zealand 

began negotiations on an agreement to address fishing practices occurring outside areas of national jurisdiction. The United States, 

Belize, China, Denmark, Ecuador, the European Union, South 

Korea, Russia, Peru, several Pacific Island States, and Taiwan soon 

joined the negotiations. These negotiations resulted in a series of 

international meetings that ultimately led to the South Pacific 

Fisheries Convention, which was formally adopted by the negotiating parties on November 14, 2009. The Convention established 

the South Pacific Regional Fisheries Management Organization 

(SPRFMO). As spelled out in the Convention, a number of committees are established under the purview of the SPRFMO that are 

tasked with helping carry out the objectives set forth by the Convention: a Scientific Committee; a Compliance and Technical Committee; an Eastern Sub-regional Management Committee; a Western Sub-regional Management Committee; and a Finance and Administration Committee. 

On April 22, 2013, the Obama Administration transmitted both 

the North and South Pacific Conventions to the U.S. Senate for 

ratification. Following the Senate’s ratification on April 3, 2014, the 

Administration determined that both agreements were not self-exemstockstill on DSK3G9T082PROD with HEARINGS

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1http://naturalresources.house.gov/calendar/eventsingle.aspx?EventID=399969 

cuting, and that legislation was necessary to implement both conventions. H.R. 4576 implements both Conventions with a few 

changes proposed by some domestic regional fishery management 

councils. These changes to the Administration’s proposal are necessary to ensure the councils’ participation in the North and South 

Pacific Commissions while also assuring that any regulations 

adopted by the Commissions cannot supersede those of domestic 

federal fisheries managers. H.R. 4576 also ensures participation in 

these Commissions by the applicable U.S. Territories. 

The bill also amends the Western and Central Pacific Fisheries 

Convention Implementation Act to help ensure access and equal 

treatment of United States boats fishing in the Convention waters. 

During the March 1, 2016, Subcommittee on Water, Power and 

Oceans hearing on H.R. 4576, regional fishery managers expressed 

serious concerns over the negotiation tactics and stances taken by 

the U.S. Commissioners of another RMFO, the Western and Central Pacific Fisheries Convention (WCPFC).1 Title III of H.R. 4576 

rectifies this by requiring that, in WCPFC negotiations, U.S. Commissioners advocate positions that minimize disadvantage to U.S. 

fishermen in relation to those of other participating nations while 

also requiring that the advisory committee to the U.S. Commissioners provide formal comments related to the formal agenda of a 

WCPFC meeting. Title III is important to American Samoa and 

other U.S. territories and U.S. tuna fishermen in the Pacific. 

The Northwest Atlantic Fisheries Organization (NAFO) is an 

RFMO with a mandate to provide scientific advice and management of fisheries in the northwestern part of the Atlantic Ocean. 

Established in 1979, NAFO facilitates the long-term and sustainable use of most high-seas fisheries in the Northwest Atlantic. According to the Convention, NAFO’s Convention area includes federal waters from Cape Hatteras, North Carolina, to Maine, although NAFO management measures apply primarily to the high 

seas portion of the Convention area. The United States joined 

NAFO in 1995. 

According to NAFO, the RFMO launched a reform process in 

2005 intended to improve the way it adopts conservation and management measures, strengthen compliance and enforcement provisions, and revise its underlying Convention. The United States was 

a leading voice in this effort, advocating to bring NAFO more in 

line with the principles of modern fisheries management and to address longstanding concerns about catch allocations and fair participation. The negotiations culminated on September 28, 2007, 

with the adoption of the Amendment to the Convention on Future 

Multilateral Cooperation in the Northwest Atlantic Fisheries. 

Ensuring equitable budget contributions has long been a priority 

for the United States, which it advocated for to better correspond 

with the benefits parties receive. The amended Convention will not 

change the basic formula, but rather would amend the list of stocks 

used to calculate parties’ respective catches to include only species 

under NAFO management or for which NAFO provides scientific 

advice, removing those fished exclusively in waters under a coastal 

nation’s jurisdiction. This change may reduce U.S. dues by almost 

one-third. 

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The Amendment will enter into force 120 days after the nine contracting parties ratify it. According to NAFO, Canada, Cuba, the 

European Union, Norway, and the Russian Federation have ratified the Amendment. The United States signed the Convention on 

September 28, 2007. However, the Convention is not self-executing, 

meaning that ratification requires implementing legislation to conform U.S. domestic law to the requirements of the Convention. 

Title V of the bill ratifies U.S. participation in the amended Convention. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title 

This section provides a short title for the bill, the Ensuring Access to Pacific Fisheries Act. 

TITLE I—NORTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION

Section 101. Definitions 

This section provides definitions for the title. 

Section 102. United States participation in the North Pacific Fisheries Convention 

This section defines the process by which the U.S. will be represented in the North Pacific Fisheries Commission. Under this 

section, the U.S. will be represented on the Commission by five 

Commissioners, two of which shall be appointed by the President. 

The President’s two appointments must be officers or employees of 

either the Department of Commerce, Department of State, or the 

Coast Guard and must be ‘‘knowledgeable or experienced’’ in North 

Pacific fishery resources. The remaining three U.S. Commissioners 

shall be the chairs or their designees from the North Pacific Fishery Management Council, the Pacific Fishery Management Council, 

and the Western Pacific Fishery Management Council. 

This section also specifies that no U.S. Commissioner shall receive compensation for time served. However, the Department of 

State is responsible for travel expenses incurred while participating 

in Commission meetings. These expenses shall be reimbursed by 

the Secretary of Commerce. 

Section 103. Authority and responsibility of the Secretary of State 

This section specifies the Secretary of State’s authority and responsibility under the North Pacific Fishery Convention. As this is 

an international convention, the Secretary of State is responsible 

for transmitting, on behalf of the U.S., all reports, requests, proposals, and decisions of the Commission. 

Section 104. Authority of the Secretary of Commerce 

This section specifies the Secretary of Commerce’s authority and 

responsibility under the North Pacific Fishery Convention while 

also setting multiple safeguards to help ensure U.S. fishermen are 

not adversely impacted by regulations issued by the Commission. 

The main responsibility of the Secretary of Commerce under the 

Convention is to promulgate fishery regulations as necessary to 

meet U.S. obligations under the Convention. To ensure that the 

Commission does not set regulations that would supersede domesmstockstill on DSK3G9T082PROD with HEARINGS

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tic federal fishery policy, any regulation issued by the Secretary 

that would govern a fish stock that migrates between the Convention area and the U.S. Exclusive Economic Zone would have to be 

approved by the applicable Fishery Management Council prior to 

taking effect. There are also additional safeguards in this section 

requiring the Secretary to remain consistent with other established 

fishery laws, such as the Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1801 et seq.), as well as setting 

up a formal judicial review process for any action taken by the Secretary in relation to the Commission. This section allows the Secretary to issue permits to U.S. vessels to fish in the defined Convention area. 

Section 105. Enforcement 

This section creates a partnership between the Department of 

Commerce and the Coast Guard to enforce regulations administered under this Act. 

Section 106. Prohibited acts 

This section sets forth a list of prohibited acts under Title I of 

the bill. Most of these prohibited acts are defined to prevent illegal, 

unreported, and unregulated fishing efforts. The prohibited acts 

specifically include, among other things: violation of any regulation 

set forth by the authority under this title; fishing without the applicable permit; transporting, purchasing, or selling illegally retained fish; or submitting false information to the Secretary. 

Section 107. Cooperation in carrying out Convention 

This section establishes agreements with federal and state agencies as well as private organizations to carry out U.S. obligations 

under the Convention. The section also preserves state jurisdiction 

over its resources under this Act. 

Section 108. Territorial participation 

This section ensures territorial participation in the Commission 

by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. 

Section 109. Exclusive economic zone notification 

This section requires that captains of any fishing vessel from a 

country participating in the Convention must have all fishing gear 

stowed below deck while in U.S. waters. 

TITLE II—IMPLEMENTATION OF THE CONVENTION ON THE CONSERVATION AND MANAGEMENT OF THE HIGH SEAS FISHERY RESOURCES IN

THE SOUTH PACIFIC OCEAN

Section 201. Definitions 

This section provides definitions for the title. 

Section 202. Appointment or Designation of United States Commissioners 

This section defines the process by which the U.S. will be represented in the South Pacific Fisheries Commission, as created 

under this Act. Under this section, the U.S. will be represented on 

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the Commission by three Commissioners, two of which shall be appointed by the President. At least one of the President’s appointments must be an officer or employee of either the Department of 

Commerce, Department of State, or the Coast Guard and must be 

‘‘knowledgeable or experienced’’ in South Pacific fishery resources. 

The remaining U.S. Commissioner shall be the chair or the chair’s 

designee from the Western Pacific Fishery Management Council. 

This section also specifies that no U.S. Commissioner shall receive compensation for time served on the Commission. However, 

the Department of State is responsible for travel expenses incurred 

while participating in Commission meetings. These expenses shall 

be reimbursed by the Secretary of Commerce. 

Section 203. Authority and responsibility of the Secretary of State 

This section specifies the Secretary of State’s authority and responsibility under the South Pacific Fishery Convention. As this is 

an international convention, the Secretary of State is responsible 

for transmitting, on behalf of the U.S., all reports, requests, proposals, and decisions of the Commission. 

Section 204. Responsibility of the Secretary and rulemaking authority 

This section specifies the Secretary of Commerce’s authority and 

responsibility under the South Pacific Fishery Convention while 

also setting multiple safeguards to ensure U.S. fishermen are not 

adversely impacted by regulations set forth by the Commission. 

The main responsibility of the Secretary of Commerce under the 

convention is to promulgate fishery regulations as necessary to 

meet U.S. obligations under the Convention. There are also additional safeguards in this section requiring the Secretary to remain 

consistent with other established fishery laws, such as the Magnuson-Stevens Fishery Conservation and Management Act, as well as 

setting up a formal judicial review process for any action taken by 

the Secretary in relation to the Commission. Finally, this section 

allows the Secretary to issue permits to U.S. vessels to fish in the 

defined Convention area. 

Section 205. Enforcement 

This section creates a partnership between the Department of 

Commerce and the Coast Guard to enforce any regulations administered under this Act under the same jurisdictional power set forth 

under sections 308–311 of the Magnuson-Stevens Fishery Conservation and Management Act. 

Section 206. Prohibited acts 

This section sets forth a list of prohibited acts under Title II of 

the bill. Most of these prohibited acts are defined to prevent illegal, 

unreported, and unregulated fishing efforts. The prohibited acts include, among other things: violation of any regulation set forth by 

the authority under this title; fishing without the applicable permit; transporting, purchasing, or selling illegally retained fish; or 

submitting false information to the Secretary. 

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Section 207. Cooperation in carrying out the Convention 

This section establishes agreements with federal and state agencies as well as private organizations to carry out U.S. obligations 

under the Convention. 

Section 208. Territorial participation 

This section ensures territorial participation in the Commission 

by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands. 

Section 209. Exclusive economic zone notification 

This section requires that captains of any fishing vessel from a 

country participating in the Convention must have all fishing gear 

stowed below deck while in U.S. waters. 

TITLE III—WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION

Section 301. Recommendations for agenda of annual meetings of 

Western and Central Pacific Fisheries Commission 

This section amends the Western and Central Pacific Fisheries 

Convention Implementation Act (Public Law 109–479). This section 

requires that in Western and Central Pacific Fisheries Commission 

(WCPFC) negotiations, the Secretaries of Commerce and State advocate for U.S. positions that minimize—to the extent practicable— 

disadvantage to U.S. fishermen in relation to those of other participating nations. This section also requires that, no later than 30 

days prior to the annual meeting of the WCPFC, the advisory committee can provide formal comments to the U.S. Commissioners related to the formal agenda of the meeting. Currently, the advisory 

committee for the WCPFC meets annually, but does not have to 

provide any formal comment or advice to the Commission. 

TITLE IV—ILLEGAL, UNREGULATED, AND UNREPORTED FISHING

Section 401. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act 

This section, added at Committee markup, amends section 606(a) 

of the High Seas Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826g) to add the North and South Pacific Fishery Conventions. This is intended to prevent illegal, unregulated, and unreported fishing and is consistent with Public Law 114–81, the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 

2015, which was signed into law on November 5, 2015. 

TITLE V—NORTHWEST ATLANTIC FISHERIES CONVENTION

AMENDMENTS ACT

This title, added at Committee markup, makes a series of administrative changes to the Northwest Atlantic Fisheries Convention 

Act of 1995 (16 U.S.C. 5601 et seq.). This title includes changes 

that would reflect the amended Convention’s restructuring of the 

Northwest Atlantic Fisheries Organization, allowing for U.S. participation in its modernized governing bodies and more robust scientific activities. 

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COMMITTEE ACTION

H.R. 4576 was introduced on February 12, 2016, by Congresswoman Aumua Amata Coleman Radewagen (R–AS). The bill was 

referred to the Committee on Natural Resources, and within the 

Committee to the Subcommittee on Water, Power and Oceans. On 

March 1, 2016, the Subcommittee held a hearing on the bill. On 

July 12, 2016, the Natural Resources Committee met to consider 

the bill. The Subcommittee was discharged by unanimous consent. 

Congresswoman Radewagen offered an amendment designated 001; 

it was adopted by unanimous consent. No additional amendments 

were offered and the bill, as amended, was ordered favorably reported to the House of Representatives by unanimous consent on 

July 13, 2016. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 

COMPLIANCE WITH HOUSE RULE XIII 

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of Rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

received the enclosed cost estimate for the bill from the Director of 

the Congressional Budget Office: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, September 2, 2016. 

Hon. ROB BISHOP, 

Chairman, Committee on Natural Resources, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 4576, the Ensuring Access to Pacific Fisheries Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Robert Reese. 

Sincerely, 

KEITH HALL. 

Enclosure. 

H.R. 4576—Ensuring Access to Pacific Fisheries Act 

H.R. 4576 would implement the Conventions on the Conservation 

and Management of High Seas Fisheries Resources in the North 

and South Pacific Ocean (Pacific Conventions), which require participating parties to apply specific conservation and management 

principles and approaches to promote the sustainable use of fisheries located in the North and South Pacific Ocean. The bill also 

would amend the Northwest Atlantic Fisheries Convention Act to 

implement an amendment to the Convention on Future Multilateral Cooperation in the Northwest Atlantic Fisheries, which govmstockstill on DSK3G9T082PROD with HEARINGS

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erns the Northwest Atlantic Fisheries Organization (NAFO). That 

amendment would detail NAFO’s objectives; outline general management principles for the Northwest Atlantic Ocean; and describe 

the duties of all parties to that Convention related to inspections, 

reports, compliance, and enforcement. 

Based on information from the National Oceanic and Atmospheric Administration (NOAA), the Coast Guard, and the Department of State, CB0 estimates that implementing H.R. 4576 would 

cost $2.5 million over the 2017–2021 period for annual dues, staff 

time, travel, and programmatic activities. Such spending would be 

subject to the availability of appropriated funds. 

Enacting this legislation could increase revenues and associated 

direct spending; therefore, pay-as-you-go procedures apply. H.R. 

4576 would authorize NOAA to impose a fee of up to 3 percent of 

the value of resources harvested from fisheries located in areas covered by the Pacific Conventions. Such fees, which would apply to 

all U.S. fishing boats operating in those areas, would be classified 

as revenues. The bill also would authorize NOAA to collect civil 

and criminal fines from anyone who violates the provisions outlined 

in the bill. Based on information from the agency about the value 

of resources harvested each year by U.S. vessels from the covered 

fisheries and the relatively low number of civil and criminal violations likely to occur, CB0 estimates any increase in revenues under 

the bill would not exceed $500,000 in any year. Because such 

amounts would be partially offset by a corresponding increase in 

direct spending, CBO estimates that enacting the bill would have 

a negligible net effect on the deficit. 

CBO estimates that enacting the legislation would not increase 

net direct spending or on-budget deficits in any of the four consecutive 10-year periods beginning in 2027. 

CBO has reviewed titles III and IV of H.R. 4576 and determined 

that those provisions contain no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act 

(UMRA). CBO has not reviewed titles I, II, or V for intergovernmental or private-sector mandates. Section 4 of UMRA excludes 

from the application of that act any legislative provisions that are 

necessary for the ratification or implementation of international 

treaty obligations. CB0 has determined that those titles fall within 

that exclusion because they implement international fishing treaties. 

H.R. 4576 contains provisions related to international fishery 

agreements that are substantively similar to provisions of other 

bills for which CB0 has transmitted cost estimates. In particular, 

on June 1, 2015, CB0 transmitted cost estimates for three bills that 

were ordered reported by the Senate Committee on Commerce, 

Science, and Transportation on May 20, 2015, including: 

• S. 1251, the Northwest Atlantic Fisheries Convention 

Amendments Act; 

• S. 1335, the North Pacific Fisheries Convention Implementation Act; and 

• S. 1336, the South Pacific Fisheries Convention Implementation Act. 

Our estimate of spending subject to appropriation under H.R. 

4576 is the same as for substantively similar provisions of the 

other three bills. In addition, provisions of H.R. 4576 related to cermstockstill on DSK3G9T082PROD with HEARINGS

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tain fees and fines that could be levied on fishing operators would 

increase both revenues and direct spending. None of the Senate 

bills contained any such provisions. 

The CBO staff contacts for this estimate are Robert Reese (for 

federal costs), Zachary Byrum (for intergovernmental mandates), 

and Amy Petz (for private-sector mandates). The estimate was approved by H. Samuel Papenfuss, Deputy Assistant Director for 

Budget Analysis. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to implement the Convention on the Conservation and 

Management of High Seas Fisheries Resources in the North Pacific 

Ocean, and to implement the Convention on the Conservation and 

Management of High Seas Fishery Resources in the South Pacific 

Ocean. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. The Chairman believes this bill directs 

the Secretary of Commerce of the conduct one specific rule-making 

proceeding. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

This bill is not intended to preempt any State, local or tribal law. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italic, 

and existing law in which no change is proposed is shown in 

roman): 

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MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT REAUTHORIZATION ACT OF 2006 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Magnuson-Stevens Fishery Conservation and Management Reauthorization Act 

of 2006’’. 

(b) TABLE OF CONTENTS.—The table of contents for this Act is as 

follows: 

Sec. 1. Short title; table of contents. 

* * * * * * * 

TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC 

FISHERIES CONVENTION 

* * * * * * * 

øSec. 511. Authorization of appropriations.¿ 

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

Sec. 512. Authorization of appropriations. 

* * * * * * * 

TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION 

SEC. 501. SHORT TITLE. 

This title may be cited as the ‘‘Western and Central Pacific Fisheries Convention Implementation Act’’. 

* * * * * * * 

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS. 

(a) IN GENERAL.—The United States shall be represented on the 

Commission by 5 United States Commissioners. The President 

shall appoint individuals to serve on the Commission at the pleasure of the President. In making the appointments, the President 

shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks 

and commercial fishing in the Western and Central Pacific Ocean, 

one of whom shall be an officer or employee of the Department of 

Commerce, and one of whom shall be the chairman or a member 

of the Western Pacific Fishery Management Council, and one of 

whom shall be the chairman or a member of the Pacific Fishery 

Management Council. The Commissioners shall be entitled to adopt 

such rules of procedures as they find necessary and to select a 

chairman from among members who are officers or employees of 

the United States Government. 

(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in consultation with the Secretary, may designate from time to time and 

for periods of time deemed appropriate Alternate United States 

Commissioners to the Commission. Any Alternate United States 

Commissioner may exercise at any meeting of the Commission, 

Council, any Panel, or the advisory committee established pursuant 

to subsection (d), all powers and duties of a United States Commissioner in the absence of any Commissioner appointed pursuant to 

subsection (a) of this section for whatever reason. The number of 

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such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of 

United States Commissioners appointed pursuant to subsection (a) 

of this section who will not be present at such meeting. 

(c) ADMINISTRATIVE MATTERS.— (1) EMPLOYMENT STATUS.—Individuals serving as such Commissioners, other than officers or employees of the United 

States Government, shall not be considered Federal employees 

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.—The United States Commissioners or 

Alternate Commissioners, although officers of the United 

States while so serving, shall receive no compensation for their 

services as such Commissioners or Alternate Commissioners. 

(3) TRAVEL EXPENSES.— 

(A) The Secretary of State shall pay the necessary travel 

expenses of United States Commissioners and Alternate 

United States Commissioners in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 

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

(B) The Secretary may reimburse the Secretary of State 

for amounts expended by the Secretary of State under this 

subsection. 

(d) ADVISORY COMMITTEES.— (1) ESTABLISHMENT OF PERMANENT ADVISORY COMMITTEE.— (A) MEMBERSHIP.—There is established an advisory committee which shall be composed of— 

(i) not less than 15 nor more than 20 individuals appointed by the Secretary of Commerce in consultation 

with the United States Commissioners, who shall select such individuals from the various groups concerned with the fisheries covered by the WCPFC Convention, providing, to the maximum extent practicable, 

an equitable balance among such groups; 

(ii) the chair of the Western Pacific Fishery Management Council’s Advisory Committee or the chair’s designee; and 

(iii) officials of the fisheries management authorities 

of American Samoa, Guam, and the Northern Mariana 

Islands (or their designees). 

(B) TERMS AND PRIVILEGES.—Each member of the advisory committee appointed under subparagraph (A) shall 

serve for a term of 2 years and shall be eligible for reappointment. The advisory committee shall be invited to 

attend all non-executive meetings of the United States 

Commissioners and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission. 

(C) PROCEDURES.—The advisory committee established 

by subparagraph (A) shall determine its organization, and 

prescribe its practices and procedures for carrying out its 

functions under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 

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seq.), and the WCPFC Convention. The advisory committee shall publish and make available to the public a 

statement of its organization, practices, and procedures. A 

majority of the members of the advisory committee shall 

constitute a quorum. Meetings of the advisory committee, 

except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in a 

timely fashion. and the advisory committee shall not be 

subject to the Federal Advisory Committee Act (5 U.S.C. 

App.). 

(D) PROVISION OF INFORMATION.—The Secretary and the 

Secretary of State shall furnish the advisory committee 

with relevant information concerning fisheries and international fishery agreements. 

(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. 

(2) ADMINISTRATIVE MATTERS.— 

(A) SUPPORT SERVICES.—The Secretary shall provide to 

advisory committees in a timely manner such administrative and technical support services as are necessary for 

their effective functioning. 

(B) COMPENSATION; STATUS; EXPENSES.—Individuals appointed to serve as a member of an advisory committee— 

(i) shall serve without pay, but while away from 

their homes or regular places of business in the performance of services for the advisory committee shall 

be allowed travel expenses, including per diem in lieu 

of subsistence, in the same manner as persons employed intermittently in the Government service are 

allowed expenses under section 5703 of title 5, United 

States Code; and 

(ii) shall not be considered Federal employees 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. 

(f) MEMORANDUM OF UNDERSTANDING.—For highly migratory 

species in the Pacific, the Secretary, in coordination with the Secretary of State, shall develop a memorandum of understanding 

with the Western Pacific, Pacific, and North Pacific Fishery Management Councils, that clarifies the role of the relevant Council or 

Councils with respect to— 

(1) participation in United States delegations to international fishery organizations in the Pacific Ocean, including 

government-to-government consultations; 

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(2) providing formal recommendations to the Secretary and 

the Secretary of State regarding necessary measures for both 

domestic and foreign vessels fishing for these species; 

(3) coordinating positions with the United States delegation 

for presentation to the appropriate international fishery organization; and 

(4) recommending those domestic fishing regulations that are 

consistent with the actions of the international fishery organization, for approval and implementation under the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 

1801 et seq.) 

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. 

SEC. ø511.¿ 512. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to the Secretary of Commerce such sums as may be necessary to carry out this title and 

to pay the United States’ contribution to the Commission under 

section 5 of part III of the WCPFC Convention. 

* * * * * * * 

FISHERIES ACT OF 1995 

* * * * * * * 

TITLE II—IMPLEMENTATION OF CONVENTION ON FUTURE 

MULTILATERAL COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES 

SEC. 201. SHORT TITLE. 

This title may be cited as the ‘‘Northwest Atlantic Fisheries Convention Act of 1995’’. 

SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION. 

(a) COMMISSIONERS.— 

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(1) APPOINTMENTS, GENERALLY.—The Secretary shall appoint 

not more than 3 individuals to serve as the representatives of 

the United States on the øGeneral Council and the Fisheries¿ 

Commission, who shall each— 

(A) be known as a ‘‘United States Commissioner to the 

Northwest Atlantic Fisheries Organization’’; and 

(B) serve at the pleasure of the Secretary. 

(2) REQUIREMENTS FOR APPOINTMENTS.— 

(A) The Secretary shall ensure that of the individuals 

serving as Commissioners— 

(i) at least 1 is appointed from among representatives of the commercial fishing industry; 

(ii) 1 (but no more than 1) is an official of the Government; and 

(iii) 1, other than the individual appointed under 

clause (ii), is a voting member of the New England 

Fishery Management Council. 

(B) The Secretary may not appoint as a Commissioner 

an individual unless the individual is knowledgeable and 

experienced concerning the fishery resources to which the 

Convention applies. 

(3) TERMS.— 

(A) The term of an individual appointed as a Commissioner— 

(i) shall be specified by the Secretary at the time of 

appointment; and 

(ii) may not exceed 4 years. 

(B) An individual who is not a Government official may 

not serve more than 2 consecutive terms as a Commissioner. 

(b) ALTERNATE COMMISSIONERS.— 

(1) APPOINTMENT.—The Secretary may, for any anticipated 

absence of a duly appointed Commissioner øat a meeting of the 

General Council or the Fisheries Commission¿, designate an 

individual to serve as an Alternate Commissioner. 

(2) FUNCTIONS.—An Alternate Commissioner may exercise 

all powers and perform all duties of the Commissioner for 

whom the Alternate Commissioner is designatedø, at any 

meeting of the General Council or the Fisheries Commission 

for which the Alternate Commissioner is designated¿. 

(c) REPRESENTATIVES.— 

(1) APPOINTMENT.—The Secretary shall appoint not more 

than 3 individuals to serve as the representatives of the United 

States on the Scientific Council, who shall each be known as 

a ‘‘United States Representative to the Northwest Atlantic 

Fisheries Organization Scientific Council’’. 

(2) ELIGIBILITY FOR APPOINTMENT.— 

(A) The Secretary may not appoint an individual as a 

Representative unless the individual is knowledgeable and 

experienced concerning the scientific issues dealt with by 

the Scientific Council. 

(B) The Secretary shall appoint as a Representative at 

least 1 individual who is an official of the Government. 

(3) TERM.—An individual appointed as a Representative— 

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(A) shall serve for a term of not to exceed 4 years, as 

specified by the Secretary at the time of appointment; 

(B) may be reappointed; and 

(C) shall serve at the pleasure of the Secretary. 

(d) ALTERNATE REPRESENTATIVES.— 

(1) APPOINTMENT.—The Secretary may, for any anticipated 

absence of a duly appointed Representative øat a meeting of 

the Scientific Council¿, designate an individual to serve as an 

Alternate Representative. 

(2) FUNCTIONS.—An Alternate Representative may exercise 

all powers and perform all duties of the Representative for 

whom the Alternate Representative is designatedø, at any 

meeting of the Scientific Council for which the Alternate Representative is designated¿. 

(e) EXPERTS AND ADVISERS.—The Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives may be 

accompanied at meetings of the Organization by experts and advisers. 

(f) COORDINATION AND CONSULTATION.— 

(1) IN GENERAL.—In carrying out their functions under the 

Convention, Commissioners, Alternate Commissioners, Representatives, and Alternate Representatives shall— 

(A) coordinate with the appropriate Regional Fishery 

Management Councils established by section 302 of the 

øMagnuson Act¿ Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1852); and 

(B) consult with the committee established under section 

208. 

(2) RELATIONSHIP TO OTHER LAW.—The Federal Advisory 

Committee Act (5 U.S.C. App.) shall not apply to coordination 

and consultations under this subsection. 

SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE. 

(a) RESTRICTION.—øThe Representatives may¿ A Representative 

may not make a request or specification described in øsubsection 

(b)(1) or (2)¿ paragraph (1) or (2) of subsection (b), respectively, unless øthe Representatives have¿ the Representative has first— 

(1) consulted with the appropriate Regional Fishery Management Councils; and 

(2) received the consent of the Commissioners for that action. 

(b) REQUESTS AND TERMS OF REFERENCE DESCRIBED.—The requests and specifications referred to in subsection (a) are, respectively— 

(1) any request, under Article øVII(1)¿ VII(10)(b) of the Convention, that the Scientific Council consider and report on a 

question pertaining to the scientific basis for the management 

and conservation of fishery resources in waters under the jurisdiction of the United States within the Convention Area; and 

(2) any specification, under Article øVIII(2)¿ VII(11) of the 

Convention, of the terms of reference for the consideration of 

a question referred to the Scientific Council pursuant to Article 

øVII(1)¿ VII(10)(b) of the Convention. 

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SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 

CONVENTION. 

The Secretary of State may, on behalf of the Government of the 

United States— 

(1) receive and transmit reports, requests, recommendations, 

proposals, and other communications of and to the Organization and its subsidiary organs; 

(2) object, or withdraw an objection, to the proposal of the 

øFisheries Commission¿ Commission consistent with the procedures detailed in Articles XIV and XV of the Convention; 

(3) give or withdraw notice of intent not to be bound by a 

measure of the øFisheries Commission¿ Commission consistent 

with the procedures detailed in Articles XIV and XV of the Convention; 

(4) object or withdraw an objection to an amendment to the 

Convention; and 

(5) act upon, or refer to any other appropriate authority, any 

other communication referred to in paragraph (1). 

SEC. 205. INTERAGENCY COOPERATION. 

ø(a) AUTHORITIES OF SECRETARY.—In carrying out the provisions 

of the Convention and this title, the Secretary may arrange for cooperation with other agencies of the United States, the States, the 

New England and the Mid-Atlantic Fishery Management Councils, 

and private institutions and organizations.¿ 

(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. 

(b) OTHER AGENCIES.—The head of any Federal agency may— 

(1) cooperate in the conduct of scientific and other programs, 

and furnish facilities and personnel, for the purposes of assisting the Organization in carrying out its duties under the Convention; and 

(2) accept reimbursement from the Organization for providing such services, facilities, and personnel. 

* * * * * * * 

SEC. 207. PROHIBITED ACTS AND ENFORCEMENT. 

(a) PROHIBITION.—It is unlawful for any person or vessel that is 

subject to the jurisdiction of the United States— 

(1) to violate any regulation issued under this title or any 

measure that is legally binding on the United States under the 

Convention; 

(2) to refuse to permit any authorized enforcement officer to 

board a fishing vessel that is subject to the person’s control for 

purposes of conducting any search, investigation, or inspection 

in connection with the enforcement of this title, any regulation 

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

on the United States under the Convention; 

(3) forcibly to assault, resist, oppose, impede, intimidate, or 

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duct of any search, investigation, or inspection described in 

paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section; 

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

export, or have custody, control, or possession of, any øfish¿ 

fishery resources taken or retained in violation of this section; 

or 

(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other 

person has committed an act prohibited by this section. 

(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For additional prohibitions relating to this Act and enforcement of this Act, 

see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g). 

SEC. 208. CONSULTATIVE COMMITTEE. 

(a) ESTABLISHMENT.—The Secretary of State and the Secretary, 

shall jointly establish a consultative committee to advise the Secretaries on issues related to the Convention. 

(b) MEMBERSHIP.— 

(1) The membership of the Committee shall include representatives from the New England and Mid-Atlantic Fishery 

Management Councils, the States represented on those Councils, the Atlantic States Marine Fisheries Commission, the fishing industry, the seafood processing industry, and others 

knowledgeable and experienced in the conservation and management of fisheries in the Northwest Atlantic Ocean. 

(2) TERMS AND REAPPOINTMENT.—Each member of the consultative committee shall serve for a term of øtwo¿ 2 years and 

shall be eligible for reappointment. 

(c) DUTIES OF THE COMMITTEE.—Members of the consultative 

committee may attend— 

(1) all public meetings of the øGeneral Council or the Fisheries¿ Commission; 

(2) any other meetings to which they are invited by the 

øGeneral Council or the Fisheries¿ Commission; and 

(3) all nonexecutive meetings of the United States Commissioners. 

(d) RELATIONSHIP TO OTHER LAW.—The Federal Advisory Committee Act (5 U.S.C. App.) shall not apply to the consultative committee established under this section. 

* * * * * * * 

øSEC. 210. DEFINITIONS 

øIn this title the following definitions apply: 

ø(1) 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. 

ø(2) COMMISSIONER.—The term ‘‘Commissioner’’ means a 

United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 202(a). 

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ø(3) CONVENTION.—The term ‘‘Convention’’ means the Convention on Future Multilateral Cooperation in the Northwest 

Atlantic Fisheries, done at Ottawa on October 24, 1978. 

ø(4) FISHERIES COMMISSION.—The term ‘‘Fisheries Commission’’ means the Fisheries Commission provided for by Articles 

II, XI, XII, XIII, and XIV of the Convention. 

ø(5) GENERAL COUNCIL.—The term ‘‘General Council’’ means 

the General Council provided for by Article II, III, IV, and V 

of the Convention. 

ø(6) MAGNUSON ACT.—The term ‘‘Magnuson Act’’ means the 

Magnuson-Stevens Fishery Conservation and Management Act 

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

ø(7) ORGANIZATION.—The term ‘‘Organization’’ means the 

Northwest Atlantic Fisheries Organization provided for by Article II of the Convention. 

ø(8) 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). 

ø(9) REPRESENTATIVE.—The term ‘‘Representative’’ means a 

United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 202(c). 

ø(10) SCIENTIFIC COUNCIL.—The term ‘‘Scientific Council’’ 

means the Scientific Council provided for by Articles II, VI, 

VII, VIII, IX, and X of the Convention. 

ø(11) SECRETARY.—The term ‘‘Secretary’’ means the Secretary of Commerce.¿ 

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. 

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(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. 

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(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. 

* * * * * * * 

øSEC. 213. QUOTA ALLOCATION PRACTICE. 

ø(a) IN GENERAL.—The Secretary of Commerce, acting through 

the Secretary of State, shall promptly seek to establish a new practice for allocating quotas under the Convention that— 

ø(1) is predictable and transparent; 

ø(2) provides fishing opportunities for all members of the Organization; and 

ø(3) is consistent with the Straddling Fish Stocks 

Agreement. 

ø(b) REPORT.—The Secretary of Commerce shall include in annual reports under section 212— 

ø(1) a description of the results of negotiations held pursuant 

to subsection (a); 

ø(2) an identification of barriers to achieving such a new allocation practice; and 

ø(3) recommendations for any further legislation that is necessary to achieve such a new practice. 

ø(c) DEFINITION.—In this section the term ‘‘Straddling Fish 

Stocks Agreement’’ means the United Nations Agreement for the 

Implementation of the Provisions of the United Nations Convention 

on the Law of the Sea of 10 December 1982 Relating to the Conservation and Management of Straddling Fish Stocks and Highly 

Migratory Fish Stocks.¿ 

* * * * * * * 

TITLE VI—DRIFTNET MORATORIUM 

SEC. 601. SHORT TITLE. 

This title may be cited as the ‘‘High Seas Driftnet Fishing Moratorium Protection Act’’. 

* * * * * * * 

SEC. 606. ENFORCEMENT. 

(a) IN GENERAL.—The Secretary and the Secretary of the department in which the Coast Guard is operating shall enforce this Act, 

and the Acts to which this section applies, in accordance with this 

section. Each such Secretary may, by agreement, on a reimbursable 

basis or otherwise, utilize the personnel services, equipment (including aircraft and vessels), and facilities of any other Federal 

agency, and of any State agency, in the performance of such duties. 

(b) ACTS TO WHICH SECTION APPLIES.—This section applies to— 

(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et 

seq.); 

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(2) the Dolphin Protection Consumer Information Act (16 

U.S.C. 1385); 

(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.); 

(4) the North Pacific Anadromous Stocks Act of 1992 (16 

U.S.C. 5001 et seq.); 

(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 

et seq.); 

(6) the Northwest Atlantic Fisheries Convention Act of 1995 

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

(7) the Western and Central Pacific Fisheries Convention 

Implementation Act (16 U.S.C. 6901 et seq.); øand¿ 

(8) the Antigua Convention Implementing Act of 2015ø.¿; 

and 

(9) the Ensuring Access to Pacific Fisheries Act. 

(c) ADMINISTRATION AND ENFORCEMENT.— 

(1) IN GENERAL.—The Secretary shall prevent any person 

from violating this Act, or any Act to which this section applies, 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 and applicable to this Act 

and each such Act. 

(2) INTERNATIONAL COOPERATION.—The Secretary may, subject to appropriations and in the course of carrying out the Secretary’s responsibilities under the Acts to which this section 

applies, engage in international cooperation to help other nations combat illegal, unreported, and unregulated fishing and 

achieve sustainable fisheries. 

(d) SPECIAL RULES.— 

(1) ADDITIONAL ENFORCEMENT AUTHORITY.—In addition to 

the powers of officers authorized pursuant to subsection (c), 

any officer who is authorized by the Secretary, or the head of 

any Federal or State agency that has entered into an agreement with the Secretary under subsection (a), may enforce the 

provisions of any Act to which this section applies, 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 each such Act. 

(2) DISCLOSURE OF ENFORCEMENT INFORMATION.— 

(A) IN GENERAL.—The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1881a), may disclose, as necessary and appropriate, 

information, including information collected under joint 

authority of the Magnuson-Stevens Fishery Conservation 

and Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) 

or the Western and Central Pacific Fisheries Convention 

Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to 

any other Federal or State government agency, the Food 

and Agriculture Organization of the United Nations, the 

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agement organization or arrangement made pursuant to 

an international fishery agreement, or a foreign government, if— 

(i) such government, organization, or arrangement 

has policies and procedures to protect such information from unintended or unauthorized disclosure; and 

(ii) such disclosure is necessary— 

(I) to ensure compliance with any law or regulation enforced or administered by the Secretary; 

(II) to administer or enforce any international 

fishery agreement to which the United States is a 

party; 

(III) to administer or enforce a binding conservation measure adopted by any international 

organization or arrangement to which the United 

States is a party; 

(IV) to assist in any investigative, judicial, or 

administrative enforcement proceeding in the 

United States; or 

(V) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign 

government, or in relation to a legal proceeding 

undertaken by a foreign government to the extent 

the enforcement action is consistent with rules 

and regulations of a regional fisheries management organization (as that term is defined by the 

United Nation’s Food and Agriculture Organization Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and 

Unregulated Fishing) of which the United States 

is a member, or the Secretary has determined that 

the enforcement action is consistent with the requirements under Federal law for enforcement actions with respect to illegal, unreported, and unregulated fishing. 

(B) DATA CONFIDENTIALITY PROVISIONS NOT APPLICA- BLE.—The data confidentiality provisions of section 402 of 

the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) shall not apply with respect to 

this Act with respect to— 

(i) any obligation of the United States to share information under a regional fisheries management organization (as that term is defined by the United Nation’s 

Food and Agriculture Organization Agreement on Port 

State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing) of which 

the United States is a member; or 

(ii) any information collected by the Secretary regarding foreign vessels. 

(e) PROHIBITED ACTS.—It is unlawful for any person— 

(1) to violate any provision of this Act or any regulation or 

permit issued pursuant to this Act; 

(2) to refuse to permit any officer authorized to enforce the 

provisions of this Act to board, search, or inspect a vessel, subject to such person’s control for the purposes of conducting any 

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search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this 

Act, or any Act to which this section applies; 

(3) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any such authorized officer in the conduct of any 

search, investigation, or inspection described in paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies; 

(5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing 

that such person has committed any act prohibited by this section or any Act to which this section applies; or 

(6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with— 

(A) any observer on a vessel under this Act or any Act 

to which this section applies; or 

(B) any data collector employed by the National Marine 

Fisheries Service or under contract to any person to carry 

out responsibilities under this Act or any Act to which this 

section applies. 

(f) CIVIL PENALTY.—Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for 

a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858). 

(g) CRIMINAL PENALTY.—Any person who commits an act that is 

unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is 

deemed to be guilty of an offense punishable under section 309(b) 

of the Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1859(b)). 

(h) UTILIZATION OF FEDERAL AGENCY ASSETS.—The President 

shall utilize appropriate assets of the Department of Defense, the 

United States Coast Guard, and other Federal agencies to detect, 

monitor, and prevent violations of the United Nations moratorium 

on large-scale driftnet fishing on the high seas for all fisheries 

under the jurisdiction of the United States and, in the case of fisheries not under the jurisdiction of the United States, to the fullest 

extent permitted under international law. 

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE. 

The Secretary, in consultation with the Secretary of State,shall 

provide to Congress, by not later than 2 years after the date of enactment of the Magnuson-Stevens Fishery Conservationand Management Reauthorization Act of 2006, and every 2 years thereafter, 

on June 1 of that year a report that includes— 

(1) the state of knowledge on the status of internationalliving 

marine resources shared by the United States or subject to 

treaties or agreements to which the United States is aparty, 

including a list of all such fish stocks classified as overfished, 

overexploited, depleted, endangered, or threatened 

withextinction by any international or other authority charged 

with management or conservation of living marine resources; 

(2) a list of nations that have been identified under section 

609(a) or 610(a), including the specific offending activities and 

any subsequent actions taken pursuant to section 609 or 610; 

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(3) a description of efforts taken by nations on thoselists to 

comply take appropriate corrective action consistent with sections 609 and 610, and an evaluation of the progressof those 

efforts, including steps taken by the United States to implement those sections and to improve internationalcompliance; 

(4) progress at the international level, consistent withsection 

608, to strengthen the efforts of international fishery management organizations to end illegal, unreported, orunregulated 

fishing; and 

(5) steps taken by the Secretary at the international levelto 

adopt international measures comparable to those of the 

United States to reduce impacts of fishing and other 

practiceson protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant internationalfishery or conservation organization has 

failed to implement effective measures to end or reduce the adverse impacts offishing practices on such species. 

* * * * * * * 

SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING. 

(a) IDENTIFICATION.— 

(1) IDENTIFICATION FOR ACTIONS OF FISHING VESSELS.—The 

Secretary shall, based on a cumulative compilation and analysis of data collected and provided by international fishery 

management organizations and other nations and organizations, identify, and list in the report under section 607, a nation if øfishing vessels of that nation are engaged, or have¿ any 

fishing vessel of that nation is engaged, or has been engaged 

at any point during the preceding 3 years, in illegal, unreported, or unregulated fishing— 

(A) that undermines the effectiveness of measures required by an international fishery management organization, taking into account whether the relevant international fishery management organization has failed to 

implement effective measures to send the illegal, unreported, or unregulated fishing activity by that nation or 

the nation is not a party to, or does not maintain cooperating status with, such organization; or 

(B) where no international fishery management organization exists with a mandate to regulate the fishing activity in question. 

(2) IDENTIFICATION FOR ACTIONS OF NATION.—Taking into account the factors described under section 609(a)(1), the Secretary shall also identify, and list in such report, a nation— 

(A) if it is violating, or has violated at any point during 

the preceding 3 years, conservation and management 

measures required under an international fishery management agreement to which the United States is a party and 

the violations undermine the effectiveness of such measures; or 

(B) if it is failing, or has failed in the preceding 3-year 

period, to effectively address or regulate illegal, unreported, or unregulated fishing in areas described under 

paragraph (1)(B). 

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(3) APPLICATION TO OTHER ENTITIES.—Where the provisions 

of this Act are applicable to nations, they shall also be applicable, as appropriate, to other entities that have competency to 

enter into international fishery management agreements. 

(b) NOTIFICATION.—The Secretary shall notify the President and 

that nation of such an identification. 

(c) CONSULTATION.—No later than 60 days after submitting a report to Congress under section 607, the Secretary, acting through 

the Secretary of State, shall— 

(1) notify nations listed in the report of the requirements of 

this section; 

(2) initiate consultations for the purpose of encouraging such 

nations to take the appropriate corrective action with respect 

to the offending activities of their fishing vessels identified in 

the report; and 

(3) notify any relevant international fishery management organization of the actions taken by the United States under this 

section. 

(d) IUU CERTIFICATION PROCEDURE.— 

(1) CERTIFICATION.—The Secretary shall establish a procedure, consistent with the provisions of subchapter II of chapter 

5 of title 5, United States Code, for determining if a nation 

identified under subsection (a) and listed in the report under 

section 607 has taken appropriate corrective action with respect to the offending activities identified in the report under 

section 607. The certification procedure shall provide for notice 

and an opportunity for comment by any such nation. The Secretary shall determine, on the basis of the procedure, and certify to the Congress no later than 90 days after the date on 

which the Secretary promulgates a final rule containing the 

procedure, and biennially thereafter in the report under section 

607— 

(A) whether the government of each nation identified 

under subsection (a) has provided documentary evidence 

that it has taken corrective action with respect to the offending activities identified in the report; or 

(B) whether the relevant international fishery management organization has implemented measures that are effective in ending the illegal, unreported, or unregulated 

fishing activity by vessels of that nation. 

(2) ALTERNATIVE PROCEDURE.—The Secretary may establish 

a procedure to authorize, on a shipment-by-shipment, shipperby-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification 

under paragraph (1) if the Secretary determines that— 

(A) the vessel has not engaged in illegal, unreported, or 

unregulated fishing under an international fishery management agreement to which the United States is a party; 

or 

(B) the vessel is not identified by an international fishery management organization as participating in illegal, 

unreported, or unregulated fishing activities. 

(3) EFFECT OF CERTIFICATION.— 

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(A) IN GENERAL.—The provisions of section 101(a) and 

section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a), 

(b)(3), and (b)(4))— 

(i) shall apply to any nation identified under subsection (a) for which the Secretary has issued a negative certification under this subsection; but 

(ii) shall not apply to any nation identified under 

subsection (a) for which the Secretary has issued a 

positive certification under this subsection. 

(B) EXCEPTIONS.—Subparagraph (A)(i) does not apply— 

(i) to the extent that such provisions would apply to 

sport fishing equipment or to fish or fish products not 

managed under the applicable international fishery 

agreement; or 

(ii) if there is no applicable international fishery 

agreement, to the extent that such provisions would 

apply to fish or fish products caught by vessels not engaged in illegal, unreported, or unregulated fishing. 

(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.— 

(1) IN GENERAL.—In this Act the term ‘illegal, unreported, or 

unregulated fishing’ has the meaning established under paragraph (2). 

(2) SECRETARY TO DEFINE TERM WITHIN LEGISLATIVE GUIDELINES.—Within 3 months after the date of enactment of the 

Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary shall publish a definition of the term ‘‘illegal, unreported, or unregulated fishing’’ for 

purposes of this Act. 

(3) GUIDELINES.—The Secretary shall include in the definition, at a minimum— 

(A) fishing activities that violate conservation and management measures required under an international fishery 

management agreement to which the United States is a 

party, including catch limits or quotas, capacity restrictions, bycatch reduction requirements, and shark conservation measures; 

(B) overfishing of fish stocks shared by the United 

States, for which there are no applicable international conservation or management measures or in areas with no applicable international fishery management organization or 

agreement, that has adverse impacts on such stocks; and 

(C) fishing activity that has an adverse impact on 

seamounts, hydrothermal vents, and cold water corals located beyond national jurisdiction, for which there are no 

applicable conservation or management measures or in 

areas with no applicable international fishery management 

organization or agreement. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary for fiscal years 2007 through 2013 

such sums as are necessary to carry out this section. 

SEC. 610. EQUIVALENT CONSERVATION MEASURES. 

(a) IDENTIFICATION.—The Secretary shall identify, and list in the 

report under section 607— 

(1) a nation if— 

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(A) fishing vessels of that nation are engaged, or have 

been engaged during the preceding 3 years in fishing activities or practices— 

(i) in waters beyond any national jurisdiction that 

result in bycatch of a protected living marine resource; 

or 

(ii) beyond the exclusive economic zone of the United 

States that result in bycatch of a protected living marine resource shared by the United States; 

(B) the relevant international organization for the conservation and protection of such resources or the relevant 

international or regional fishery organization has failed to 

implement effective measures to end or reduce such bycatch, or the nation is not a party to, or does not maintain 

cooperating status with, such organization; and 

(C) the nation has not adopted a regulatory program 

governing such fishing practices designed to end or reduce 

such bycatch that is comparable to that of the United 

States, taking into account different conditions. 

(2) a nation if— 

(A) fishing vessels of that nation are engaged, or have 

been engaged during the preceding øcalendar year¿ 3 

years, in fishing activities or practices in waters beyond 

any national jurisdiction that target or incidentally catch 

sharks; and 

(B) the nation has not adopted a regulatory program to 

provide for the conservation of sharks, including measures 

to prohibit removal of any of the fins of a shark(including 

the tail) and discarding the carcass of the shark at sea, 

that is comparable to that of the United States, taking into 

account different conditions. 

(b) CONSULTATION AND NEGOTIATION.—The Secretary, acting 

through the Secretary of State, shall— 

(1) notify, as soon as possible, the President and nations that 

have been identified under subsection (a), and also notify other 

nations whose vessels engage in fishing activities or practices 

described in subsection (a), about the provisions of this section 

and this Act; 

(2) initiate discussions as soon as possible with all foreign 

governments which are engaged in, or which have persons or 

companies engaged in, fishing activities or practices described 

in subsection (a), for the purpose of entering into bilateral and 

multilateral treaties with such countries to protect such species; 

(3) seek agreements calling for international restriction son 

fishing activities or practices described in subsection (a) 

through the United Nations, the Food and Agriculture Organization’s Committee on Fisheries, and appropriate international 

fishery management bodies; and 

(4) initiate the amendment of any existing international 

treaty for the protection and conservation of such species to 

which the United States is a party in order to make such treaty consistent with the purposes and policies of this section. 

(c) CONSERVATION CERTIFICATION PROCEDURE.— 

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(1) DETERMINATION.—The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 

5 of title 5, United States Code, for determining whether the 

government of a harvesting nation identified under subsection 

(a) and listed in the report under section 607— 

(A) has provided documentary evidence of the adoption 

of a regulatory program governing the conservation of the 

protected living marine resource that is comparable to that 

of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing,includes mandatory use of circle hooks, careful handling and release equipment, and training and observer 

programs;and 

(B) has established a management plan containing requirements that will assist in gathering species-specific 

data to support international stock assessments and conservation enforcement efforts for protected living marine 

resources. 

(2) PROCEDURAL REQUIREMENT.—The procedure established 

by the Secretary under paragraph (1) shall include notice and 

opportunity for comment by any such nation. 

(3) CERTIFICATION.—The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether 

each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management 

plan described in paragraph (1)(B). 

(4) ALTERNATIVE PROCEDURE.—The Secretary may establish 

a procedure to authorize, on a shipment-by-shipment, shipperby-shipper, or other basis the importation of fish or fish products from a vessel of a nation issued a negative certification 

under paragraph (1) if the Secretary determines that such imports were harvested by practices that do not result in bycatch 

of a protected marine species, or were harvested by practices 

that— 

(A) are comparable to those of the United States, taking 

into account different conditions; and 

(B) include the gathering of species specific data that 

can be used to support international and regional stock assessments and conservation efforts for protected living marine resources. 

(5) EFFECT OF CERTIFICATION.—The provisions of 

section101(a) and section 101(b)(3) and (4) of this Act (16 

U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to the extent that 

such provisions apply to sport fishing equipment or fish or fish 

products not caught by the vessels engaged in illegal, unreported, or unregulated fishing) shall apply to any nation identified under subsection (a) for which the Secretary has issued a 

negative certification under this subsection, but shall not apply 

to any nation identified under subsection (a) for which the Secretary has issued a positive certification under this subsection. 

(d) INTERNATIONAL COOPERATION AND ASSISTANCE.—To the 

greatest extent possible consistent with existing authority and the 

availability of funds, the Secretary shall— 

(1) provide appropriate assistance to nations identified by 

the Secretary under subsection (a) and international organizamstockstill on DSK3G9T082PROD with HEARINGS

43 

tions of which those nations are members to assist those nations in qualifying for certification under subsection (c); 

(2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations; 

(3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations 

in qualifying for certification under subsection (c); and 

(4) provide assistance to those nations or organization sin designing and implementing appropriate fish harvesting plans. 

(e) PROTECTED LIVING MARINE RESOURCE DEFINED.—In this section the term ‘‘protected living marine resource’’— 

(1) means non-target fish, sea turtles, or marine mammals 

that are protected under United States law or international 

agreement, including the Marine Mammal Protection Act, the 

Endangered Species Act, the Shark Finning Prohibition Act, 

and the Convention on International Trade in Endangered 

Species of Wild Flora and Fauna; but 

(2) does not include species, except sharks, managed under 

the Magnuson-Stevens Fishery Conservation and Management 

Act, the Atlantic Tunas Convention Act, or any international 

fishery management agreement. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary for fiscal years 2007 through 2013 

such sums as are necessary to carry out this section. 

* * * * * * * 

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mstockstill on DSK3G9T082PROD with HEARINGSInsert offset folio 49 here HR718.001
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mstockstill on DSK3G9T082PROD with HEARINGSInsert offset folio 50 here HR718.002