U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

2d Session 

REPORT

2016

114–235 

Calendar No. 419 

SOUTH PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1336 

APRIL 6, 2016.—Ordered to be printed 


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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. 419 

114TH CONGRESS REPORT " ! SENATE 2d Session 114–235 

SOUTH PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

APRIL 6, 2016.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1336] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1336) to implement the Convention 

on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean, as adopted at Auckland on November 14, 2009, 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. 1336, the South Pacific Fisheries Convention 

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

the South Pacific Ocean, as adopted at Auckland on November 14, 

2009, 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, 

many of these coastal nations do not manage for stock sustainability, enforce their regulations effectively, or coordinate management of shared stocks with other fishing nations. 


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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). 

Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA),1 the Federal 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 approval of the Secretary of Commerce, 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), 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 United States Coast Guard (USCG), the 

NMFS, and the State Department. The 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. Additionally, the 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. 

The South Pacific Fisheries Convention 

In response to growing international concern over the negative 

impact of certain high seas bottom fishing activities, delegations 

from Australia, Chile, and New Zealand met in 2005 to begin negotiations on an agreement to address deep sea fishing practices ocVerDate Sep 11 2014 00:43 Apr 08, 2016 Jkt 059010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR235.XXX SR235

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3Other 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. 

curring 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. Soon 

thereafter, a number of other countries and entities, including the 

United States, Belize, China, Denmark (with respect to the Faroe 

Islands), Ecuador, the European Union, Korea, Russia, Peru, several Pacific Island States, and Taiwan (as the fishing entity of Chinese Taipei) joined the negotiations, the scope of which, with U.S. 

encouragement, grew to include not only bottom fisheries but pelagic fish stocks not otherwise subject to international management. These discussions culminated on November 14, 2009, with 

the adoption of the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific 

Ocean (Convention). The Convention established the South Pacific 

Fishery Commission (Commission), through which parties to the 

Convention cooperate to facilitate the long-term and sustainable 

use of fisheries that are not managed under pre-existing international fisheries management instruments 3 in the area covered 

by the Convention (Convention Area), which includes areas of the 

high seas closest to the U.S. territory of American Samoa, and immediately adjacent to the U.S. EEZ off a number of U.S. Pacific 

possessions including Jarvis, Howland and Baker Islands, Kingman 

Reef, and Palmyra Atoll, as shown in Figure 1 below. 


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

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

Treaty Doc. 113–1, 113th Cong., 2nd sess., Exec. Rept. 113–2, November 14, 2009 (http:// 

www.gpo.gov/fdsys/pkg/CRPT-113erpt2/pdf/CRPT-113erpt2.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 Federal law to the requirements of the Convention.4 U.S. 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. 

Currently, the Convention has 13 contracting parties, and its 

Commission has met 3 times in January 2013, January 2014, and 

February 2015. At these meetings, the Commission adopted measures for the management of jack mackerel and bottom fishing. Because the United States has not yet formally deposited its instrument of ratification with the Commission, it participated in these 

meetings as an observer, arguably wielding significantly less influence on the Commission’s decisions than if the United States had 

been a full member. 

SUMMARY OF PROVISIONS

S. 1336, the South Pacific Fisheries Convention Implementation 

Act, would make changes to domestic law necessary for the implementation of the South Pacific Fisheries 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 Governor of Hawaii that 

would help inform the Commissioners’ 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 NOAA’s NMFS serving as primary enforcement authorities for the requirements of the Act and regulations promulgated 

thereunder. 

S. 1336 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 


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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. 1336 was introduced by Senators Schatz and Sullivan on May 

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

Session and, by a voice vote, ordered S. 1336 to be reported favorably. A nearly identical bill, S. 2484, 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. 1336—South Pacific Fisheries Convention Implementation Act 

S. 1336 would implement the Convention on the Conservation 

and Management of High Seas Fishery Resources in the South 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 enacting the legislation would not affect direct spending or 

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

Under the bill, all parties to the Convention would be required 

to apply specific conservation and management principles and approaches to promote the conservation and sustainable use of fisheries resources located in the South Pacific Ocean between South 

America and Australia. 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. 1336 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. 1336 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 priVerDate Sep 11 2014 00:43 Apr 08, 2016 Jkt 059010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6602 E:\HR\OC\SR235.XXX SR235

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vacy 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 

‘‘South Pacific Fisheries Convention Implementation Act.’’ 

Section 2. Definitions. 

This section would define the following terms: ‘‘Advisory Committee’’ as the advisory committee established under section 3; 

‘‘Commission’’ as the South Pacific Fisheries Commission established pursuant to the South Pacific Fisheries Convention; ‘‘Commissioner’’ as a U.S. Commissioner appointed under section 3; 

‘‘Convention Area’’ as the waters of the South Pacific Ocean excluding areas of national jurisdiction; ‘‘Council’’ as the Western Pacific 

Regional Fishery Management Council; ‘‘exclusive economic zone of 

the United States’’ as the zone established by Presidential Proclamation Numbered 5030 of March 10, 1983; ‘‘Fishery Resources’’ as 

all fish within the Convention Area including mollusks, crustaceans, and other living resources as may be decided by the Commission and excluding sedentary species in so far as they are subject to the national jurisdiction of coastal States, highly migratory 

species, anadromous species, catadromous species, marine mammals, marine reptiles, and sea birds; ‘‘Fishing’’ as the actual or attempted searching for, catching, taking, or harvesting of fishery resources and transshipments of fish, but not any operation related 

to an emergency involving the health or safety of a crew member 

or the safety of a fishing vessel; ‘‘Fishing Vessel’’ as any vessel used 

or intended for use for or in support of the purpose of fishing; 

‘‘Panel’’ as the Western Pacific Regional Fishery Management 

Council’s Advisory Panel; ‘‘Person’’ as any individual, corporation, 

partnership, association, or other entity, or Federal, State, local, 

tribal, or foreign government or any entity of such government; 

‘‘Secretary’’ as the Secretary of Commerce; ‘‘South Pacific Fisheries 

Convention’’ as the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific 

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

District of Columbia, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States; ‘‘Straddling Stock’’ as a stock of fishery resources which migrates between, or occurs in, the exclusive economic zone of 1 or more parties to the South Pacific Fisheries Convention and the Convention 

Area; ‘‘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; and ‘‘1982 Convention’’ as the United Nations Convention on the Law of the Sea 

of 10 December 1982. 


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Section 3. Appointment of United States Commissioners. 

This section would direct the President to appoint one United 

States Commissioner who is knowledgeable or experienced concerning fishery resources in the South Pacific Ocean. This section 

would allow 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. 

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 

not less than 15 nor more than 20 individuals appointed by the 

Secretary of Commerce. Advisory committee members would represent groups concerned with the fishery resources covered by the 

South Pacific Fisheries Convention and serve a term of two years, 

with the possibility of reappointment. This section would also require the advisory committee to determine its organization and 

procedures for carrying out its functions. 

The advisory committee would 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. 

This section would direct the Secretary of Commerce, in coordination with the Secretary of State to develop a memorandum of understanding with the Council for fishery resources in the Convention Area describing the role of the Council with respect to the participation of U.S. delegations to international fishery organizations 

in the Pacific Ocean, recommending to the Secretary of Commerce 

and the Secretary of State necessary measures for domestic and 

foreign fishing vessels, coordinating positions with the U.S. delegation, and recommending domestic fishing regulations that are consistent with the actions of the appropriate international fishery organization. 

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. 


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Section 5. Rulemaking 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. 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. It also would give them the authority to request and utilize on a reimbursed or non-reimbursed 

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 South Pacific Fisheries 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 U.S. vessels under this 

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

in the Convention Area; and request and utilize on a reimbursed 

or non-reimbursed basis assistance and equipment from other Federal departments and agencies for such activities. 

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 

the Secretary of the department in which the Coast Guard is operating 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 gives the Secretary of Commerce the authority to assess fines. 

This section would give the U.S. district courts 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 of 

Commerce has obtained written authorization from the person submitting the information. Nothing in this section would prevent the 


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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 attempting to board and inspect 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; and 

failing to stop a vessel when hailed by an authorized official of the 

United States. This section would require those importing fish to 

provide satisfactory proof that the fisheries resources are not ineligible for entry under this Act. 

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 

agencies to cooperate in conducting research and to provide facilities and personnel in assisting the Commission. Nothing in this Act 

would diminish or increase the jurisdiction of any State in its territorial sea unless the Secretary of Commerce determines the State 

has not enacted laws that implement the recommendations of the 

Commission or that the State is not enforcing such laws. 

Section 9. Territorial participation. 

This section would require the Secretary of State to ensure that 

American Samoa and Guam 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 

South 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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