U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–233 

Calendar No. 405 

NORTH PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1335 

MARCH 28, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of March 17, 2016 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

SECOND SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

NICK ROSSI, Staff Director 

ADRIAN ARNAKIS, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 405 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–233 

NORTH PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

MARCH 28, 2016.—Ordered to be printed 

Filed, under authority of the order of the Senate of March 17, 2016 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1335] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1335) to implement the Convention 

on the Conservation and Management of the High Seas Fisheries 

Resources in the North Pacific Ocean, as adopted at Tokyo on February 24, 2012, and for other purposes, having considered the 

same, reports favorably thereon without amendment and recommends that the bill do pass. 

PURPOSE OF THE BILL

The purpose of S. 1335, the North Pacific Fisheries Convention 

Implementation Act, is to implement the Convention on the Conservation and Management of the High Seas Fisheries Resources in 

the North Pacific Ocean, as adopted at Tokyo on February 24, 

2012, and for other purposes. 

BACKGROUND AND NEEDS

Many fish stocks around the world have become depleted in the 

last several decades as a result of fleet overcapacity, overfishing, 

and ineffective fisheries law enforcement regimes. Coastal fishing 

nations are responsible for managing the stocks that fall within 

their domestic waters, which extend 200 miles from their coastline, 

also known as their exclusive economic zone (EEZ). Unfortunately, 

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1 16 U.S.C. 1801 et seq. 

2 Resolution 59/25, adopted by the General Assembly on 17 November 2004 (http://daccess-ddsny.un.org/doc/UNDOC/GEN/N04/477/70/PDF/N0447770.pdf?OpenElement). 3Presidential Directive 27, National Security Council ‘‘Procedures for dealing with Non-Military Incidents’’’ January 19, 1978. 

ability, enforce their regulations effectively, or coordinate management of shared stocks with other fishing nations. 

Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA),1 the U.S. Government exercises jurisdiction over 

the management of commercial fisheries within the U.S. EEZ. The 

MSA authorizes the Secretary of Commerce, through the National 

Marine Fisheries Service (NMFS) within the National Oceanic and 

Atmospheric Administration (NOAA), to be responsible for the 

management of living marine resources. The MSA authorizes Regional Fishery Management Councils to develop management 

plans, subject to the Secretary of Commerce’s approval, that follow 

the MSA’s requirements for rebuilding overfished stocks and setting harvest levels according to science-based catch limits. 

Sustainable fisheries management which occurs on the high seas 

or under the jurisdiction of multiple nations can be difficult due to 

the vast areas of ocean that must be monitored, limited enforcement resources, and high volumes of operating fishing vessels. The 

coordinated management of shared stocks harvested beyond 200 

miles is accomplished by nations participating in Regional Fisheries Management Organizations (RFMOs), which are international 

commissions established by multilateral agreements to guide and 

coordinate the fisheries management activities of multiple nations 

that target common stocks in specific regions. Each nation that 

chooses to participate in RFMOs retains its sovereignty, yet is expected to develop domestic fisheries laws and regulations consistent with each agreement. The United States follows this practice and seeks to implement legislation and regulations to meet its 

commitments under RFMOs and international fisheries agreements. Short of such an agreement or implementing legislation, 

U.S. fisheries managers seek discussions with foreign counterparts 

to address concerns on interjurisdictional stock management. In 

2004, the United Nations General Assembly unanimously adopted 

Resolution 59/25, which calls for nations to cooperate in the establishment of new RFMOs for areas and resources where no such relevant organization or arrangement exists.2 Since that time, a number of new RFMOs have been formed by international agreement. 

All U.S. international fishery enforcement activities are coordinated closely between the U.S. Coast Guard (USCG), NMFS, and 

the State Department. NMFS and the USCG also provide input for 

the State Department’s negotiations of fishery treaties and agreements, in addition to reviewing foreign fishing vessel permit applications. The USCG conducts international fisheries enforcement 

patrols and investigations as part of its 11 statutory missions in 

close coordination with the State Department, as required by Presidential Directive 27.3 Additionally, NMFS and the USCG cooperate 

closely with individual U.S. States and territories, and coordinate 

MSA enforcement in and adjacent to State and territorial waters. 


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4Other RFMOs, such as the Western and Central Pacific Fisheries Commission and the InterAmerican Tropical Tuna Commission, already coordinate international management of Highly 

Migratory Species, such as tunas, in the North Pacific. 

The North Pacific Fisheries Convention 

In response to growing international concern over the negative 

impact of certain high seas bottom fishing activities, delegations 

from the United States, Japan, South Korea, and Russia met in 

Tokyo, Japan in August 2006 to begin negotiations on an agreement to address deep sea fishing practices occurring outside areas 

of national jurisdiction on sea mounts, hydrothermal vents, deep 

sea and cold water coral communities, sponge fields, and other 

unique and endemic deep-sea marine ecosystems collectively referred to as vulnerable marine ecosystems. With U.S. encouragement, these discussions grew in scope to include not only bottom 

fisheries but pelagic fish stocks not otherwise subject to international management. The negotiations culminated on February 

24, 2012, with the adoption of the Convention on the Conservation 

and Management of the High Seas Fisheries Resources in the 

North Pacific Ocean (Convention). Once in force, the Convention 

will establish the North Pacific Fisheries Commission (Commission), through which parties to the Convention will cooperate to facilitate the long-term and sustainable use of fisheries that are not 

managed under pre-existing international fisheries management 

instruments 4 in the area covered by the Convention (Convention 

Area), which includes areas of the high seas immediately adjacent 

to the U.S. EEZ off Alaska, the Pacific west coast, Hawaii, and 

other U.S. territories and possessions in the North Pacific, as 

shown in Figure 1 below. 


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5 U.S. Congress, Senate Committee on Foreign Relations, Convention on the Conservation and 

Management of High Seas Fisheries Resources in the North Pacific Ocean, report to accompany 

Treaty Doc. 113 2, 113th Cong., 2nd sess., May 2, 2012, Exec. Rept. 113–3 (http://www.gpo.gov/ 

fdsys/pkg/CRPT–113erpt3/pdf/CRPT–113erpt3.pdf). 

The United States has played an active and significant role in 

the development of the Convention and the preparations for its 

entry into force, which will occur 180 days following the date that 

a fourth signatory ratifies the Convention. The United States 

signed the Convention on May 2, 2012, and the Senate provided its 

advice and consent in favor of ratification on April 3, 2014. When 

the Committee on Foreign Relations of the Senate reported the 

Convention favorably on March 13, 2014, with the resolution of advice and consent to ratification, it clarified that the Convention is 

not self-executing, meaning that ratification requires implementing 

legislation to conform U.S. domestic law to the requirements of the 

Convention.5

United States accession to the Convention is vital to ensuring 

that the United States has a strong voice in managing fishing activities outside the U.S. EEZ that could have a direct impact on resources within waters under U.S. jurisdiction. Although U.S. fishermen do not currently fish within the Convention’s area of application, U.S. accession will also ensure that U.S. fisherman will have 

a legitimate right to participate in fisheries within the Convention 

Area on an equitable basis now and in the future. 


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Canada, China, Japan, South Korea, and Russia have ratified 

the Convention and it entered into force in July 2015. Because the 

United States has not yet formally deposited its instrument of ratification, it can only participate in Commission meetings as an observer. 

SUMMARY OF PROVISIONS

S. 1335, the North Pacific Fisheries Convention Implementation 

Act, would make changes to domestic law necessary for the implementation of the Convention. The bill would establish the number 

of Commissioners to represent the United States on the Commission and specify the requirements for appointment and selection. 

The bill would establish a permanent advisory committee of commercial, indigenous, and scientific individuals and members nominated by the Governors of Alaska, Hawaii, and Washington that 

would help inform the Commissioner’s decisions. The Secretary of 

Commerce would have primary responsibility for promulgating regulations and developing procedures necessary to carry out the purposes and requirements of the Convention and the Act, with the 

USCG and NMFS serving as primary enforcement authorities for 

the requirements of the Act and regulations promulgated thereunder. 

S. 1335 would further authorize the Secretary of Commerce to 

conduct fishing operations and experiments for purposes of scientific investigation, issue fishing permits to U.S. vessels to fish in 

the Convention’s area of jurisdiction, and request and use the services, personnel, and equipment of other Federal agencies, foreign 

governments, intergovernmental or international organizations, or 

other agencies for the purposes of the Act. The bill would authorize 

appropriations at such sums as may be necessary to carry out the 

Act and to pay the United States’ contribution to the Commission, 

a requirement for parties to the Convention. 

LEGISLATIVE HISTORY

S. 1335 was introduced by Senators Sullivan and Schatz on May 

13, 2015. On May 20, 2015, the Committee met in open Executive 

Session and, by a voice vote, ordered S. 1335 to be reported favorably, without amendment. A nearly identical bill, S. 2482, passed 

out of Committee last Congress. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1335—North Pacific Fisheries Convention Implementation Act 

S. 1335 would implement the Convention on the Conservation 

and Management of High Seas Fishery Resources in the North Pacific Ocean (Convention). CBO estimates that implementing the 

legislation would cost less than $500,000 a year over the 2016 2020 

period, assuming availability of appropriated amounts. Because enVerDate Sep 11 2014 05:35 Mar 29, 2016 Jkt 059010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR233.XXX SR233

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acting the legislation would not affect direct spending or revenues, 

pay-as-you-go procedures do not apply. 

The Convention that would be implemented under the bill would 

call for a science-based, precautionary approach to managing fisheries resources in the North Pacific Ocean. The Convention would 

establish two managing committees to carry out the functions of 

the Convention, including conducting environmental assessments of 

fisheries to ensure that no vulnerable marine ecosystems would be 

harmed if fishing were permitted in those areas. Based on information provided by the National Oceanic and Atmospheric Administration, the U.S. Coast Guard, and the Department of State, CBO 

estimates that carrying out the new Convention would cost less 

than $500,000 a year over the 2016 2020 period. Those funds would 

be used to cover costs for annual dues, staff time, travel, and programmatic activities. 

CBO has not reviewed S. 1335 for intergovernmental or privatesector mandates. Section 4 of the Unfunded Mandates Reform Act 

excludes from the application of that act any legislative provisions 

that are necessary for the ratification or implementation of international treaty obligations. CBO has determined that the bill falls 

within that exclusion. 

The CBO staff contacts for this estimate are Jeff LaFave (for federal costs), Jon Sperl (for intergovernmental mandates), and Amy 

Petz (for private-sector mandates). The estimate was approved by 

Theresa Gullo, Assistant Director for Budget Analysis. 

REGULATORY IMPACT

Because S. 1335 does not create any new programs, the legislation will have no additional regulatory impact, and will result in 

no additional reporting requirements. The legislation will have no 

further effect on the number or types of individuals and businesses 

regulated, the economic impact of such regulation, the personal privacy of affected individuals, or the paperwork required from such 

individuals and businesses. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would designate the short title of this bill as the 

‘‘North Pacific Fisheries Convention Implementation Act.’’ 

Section 2. Definitions. 

This section would define terms including: ‘‘Convention Area’’ as 

the waters of the North Pacific Ocean excluding areas of national 

jurisdiction, high seas areas of the Bering Sea, and high sea areas 

surrounded by the exclusive economic zone of a single nation, and 

the exclusive economic zone of the United States or of any other 

country; ‘‘Council’’ as the Western Pacific Fishery Management 


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Council, the Pacific Fishery Management Council, or the North Pacific Fishery Management Council; ‘‘Exclusive Economic Zone’’ with 

respect to the United States, as the zone established by Presidential Proclamation, with respect to a foreign country a similar 

designated zone; ‘‘Fishery Resources’’’ as all fish within the Convention Area including mollusks, crustaceans, and other marine 

species caught by a fishing vessel within the Convention Area and 

excluding sedentary species insofar as they are subject to the national jurisdiction of coastal States, catadromous species, marine 

mammals, marine reptiles, and sea birds; ‘‘Fishing Activities’’’ as 

the actual or attempted searching for, catching, taking, harvesting, 

or processing of fishery resources and transshipments of fish; 

‘‘Fishing Vessel’’ as any vessel used or intended for use for or in 

support of the purpose of fishing; ‘‘Secretary’’ as the Secretary of 

Commerce; ‘‘State’’ as each of several States of the United States, 

the District of Columbia, the Commonwealth of the Northern Mariana Islands, and any other commonwealth, territory, or possession 

of the United States; ‘‘Straddling Stock’’ as a stock of fisheries resources that occurs in the exclusive economic zone of one or more 

parties of the Convention and the Convention Area; and ‘‘Transshipment’’ as the unloading of fishery resources derived from fishing in the Convention Area on-board a fishing vessel to another 

fishing vessel either at sea or in port. 

Section 3. United States participation in the North Pacific Fisheries 

Convention. 

This section would require five Commissioners to represent the 

United States on the Commission. The President would appoint 

two U.S. Commissioners who are knowledgeable or experienced 

concerning fishery resources in the North Pacific Ocean, and who 

are officers or employees of the Department of Commerce, the Department of State, or the USCG. In addition, one Commissioner 

would be the chairperson of the North Pacific Fishery Management 

Council, one Commissioner would be the chairperson of the Pacific 

Fishery Management Council, and one Commissioner would be the 

chairperson of the Western Pacific Fishery Management Council. 

This section would authorize the Secretary of State, in consultation 

with the Secretary of Commerce, to designate an alternate to the 

Commission. In the absence of a Commissioner, the alternate 

would have all powers and duties of a Commissioner, and serve the 

remainder of the term of the Commissioner that the alternate is 

substituting for. 

If the Commissioner or employee is not an officer or employee of 

the U.S. Government, he or she would not be considered a Federal 

employee, except for the purposes of injury compensation or tort 

claims liability. Under this section the Commissioner and the alternate Commissioner would receive no compensation, except for travel reimbursements. This section would allow the Secretary of Commerce to reimburse the Secretary of State for amounts expended by 

the Secretary of State. 

This section would establish a permanent advisory committee of 

11 members appointed by the Secretary of Commerce (Advisory 

Committee). Advisory Committee members would represent groups 

concerned with the fishery resources covered by the North Pacific 

Fisheries Convention and serve a term of two years and be eligible 


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for not more than three consecutive terms. There would be three 

members engaged in commercial fishing, one from the North Pacific Fishery Management Council management area, one from the 

Pacific Fishery Management Council management area, and one 

from the Western Pacific Fishery Management Council management area; three members from the indigenous population of the 

North Pacific; one marine fisheries scientist; one member nominated by the Governor of Alaska, one nominated by the Governor 

of Hawaii, and one nominated by the Governor of Washington. This 

section also would require the Advisory Committee to determine its 

organization and procedures for carrying out its functions. 

The Advisory Committee would be required to publish and make 

public a statement of its organization, practices, and procedures. 

Except when in executive session, Advisory Committee meetings 

would be open to the public. The members of the Advisory Committee would not be paid, but would be reimbursed for travel expenses. They would not be considered Federal employees except for 

the purposes of injury compensation or tort claims liability. 

In instances in which the United States is involved in meetings 

of the Convention, it would be represented by the Commissioners 

and the Advisory Committee. 

Section 4. Authority and responsibility of the Secretary of State. 

The section would give the Secretary of State the authority to receive and transmit, on behalf of the United States, various communications from and to the Commission. It would allow the Secretary 

of State, in consultation with the Secretary of Commerce, to approve, disapprove, object to, or withdraw objections to bylaws and 

rules adopted by the Commission. With the concurrence of the Secretary of Commerce, the Secretary of State could approve or disapprove the general annual program of the Commission, and act 

upon any communication it receives. 

Section 5. Authority of the Secretary of Commerce. 

This section would authorize the Secretary of Commerce, in consultation with the Secretary of State and where relevant, the Secretary of the department in which the Coast Guard is operating, 

to promulgate such regulations as may be necessary to carry out 

U.S. obligations under this Act. 

The Secretary could request and utilize on a reimbursed or nonreimbursed basis assistance and equipment from other Federal departments and agencies. The Secretary of Commerce could conduct 

scientific, research, and other programs under this Act; conduct the 

fishery research necessary to implement the Convention; collect, 

utilize, and disclose necessary information to implement the Convention; if recommended by the Commissioners or proposed by the 

Council impose a fee not to exceed three percent of the ex-vessel 

value of fish harvested by United States vessels under this Act; 

and issue permits to owners and operators of U.S. vessels to fish 

in the Convention Area. 

To the extent practicable, the Secretary of Commerce would ensure that fishery management programs administered under this 

Act are consistent with existing fishery laws. Except as otherwise 

specified, this section would give the Secretary of Commerce and 

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ating the authority to prevent any person from violating this Act 

in the same manner, by the same means, and with the same jurisdiction, powers, and duties as through sections 308 through 311 of 

the MSA (16 U.S.C. 1858, 1859, 1860, 1861), which give the Secretary of Commerce the authority to assess fines. 

This section would give the Secretary of Commerce the authority 

to promulgate regulations applicable to all vessels and persons subject to the jurisdiction of the United States. Regulations promulgated by the Secretary of Commerce under this Act would be subject to judicial review to the extent authorized by law. Upon a motion by the person who files such a petition, the appropriate court 

would expedite the matter. 

Section 6. Enforcement. 

This section would require the Secretary of Commerce and the 

Secretary of the department in which the Coast Guard is operating 

to administer and enforce this Act, and either could request and 

utilize on a reimbursed or non-reimbursed basis assistance and 

equipment from other Federal departments and agencies in their 

enforcement. 

This section would give the district courts of the United States 

exclusive jurisdiction over any case or controversy arising under 

the provisions of this Act. Under this section, each violation would 

be a separate offense and the offense would be deemed to have 

been committed not only in the district where the violation first occurred, but also in any other district authorized by law. 

In general, any information submitted to the Secretary of Commerce in compliance with any requirement under this Act would be 

confidential and may not be disclosed except to a Federal employee 

who is responsible for administering, implementing, and enforcing 

this Act, the Commission, the State or Marine Fisheries Commission, when required by court order, and when the Secretary has obtained written authorization from the person submitting the information. Nothing in this section would prevent the information collected by the Secretary of Commerce from being used for conservation and management purposes. 

Section 7. Prohibited acts. 

This section would delineate the various prohibited actions, with 

respect to this Act, including violation of any provision or regulation or permit; refusing or interfering with an authorized officer 

boarding and inspecting a fishing vessel; shipping, transporting, 

selling, purchasing, importing, exporting, or possessing prohibited 

fisheries resources; engaging in prohibited fishing activities; failing 

to make, keep, and furnish required information; failing to stop a 

vessel when hailed by an authorized official of the United States; 

making false records, or false identification of any fisheries resources involved in interstate or foreign commerce; and refusing 

boarding by an authorized inspector. 

Section 8. Cooperation in carrying out Convention. 

This section would allow the Secretary of Commerce to cooperate 

with any Federal agency or any organization in the United States 

or abroad in carrying out this Act. This section would allow Federal 

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ties and personnel in assisting the Commission. Nothing in this Act 

would diminish or increase the jurisdiction of any State in its territorial sea of the United States. 

Section 9. Territorial participation. 

This section would require the Secretary of State to ensure that 

the Northern Mariana Islands can participate in the Commission 

in the same manner as territories of other nations. 

Section 10. Exclusive Economic Zone notification. 

This section would require the masters of commercial fishing vessels of nations fishing under the management authority of the 

North Pacific Fisheries Convention that do not carry vessel monitoring systems to, when entering the EEZ bounded by the Convention Area, notify the USCG, ensure that all fishing gear is stowed, 

and follow requests by an enforcement officer. 

Section 11. Authorizations of appropriations. 

This section would authorize such sums as are necessary to carry 

out this Act and to pay the United States’ contributions to the 

Commission. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, the Committee states that the bill as reported 

would make no change to existing law. 

Æ 


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