II 

Calendar No. 419 

114TH CONGRESS 

2D SESSION S. 1336 

[Report No. 114–235] 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2015 

Mr. SCHATZ (for himself and Mr. SULLIVAN) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

APRIL 6, 2016 

Reported by Mr. THUNE, without amendment 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘South Pacific Fisheries 

3 Convention Implementation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADVISORY COMMITTEE.—The term ‘‘Advi7 sory Committee’’ means the advisory committee es8 tablished under section 3. 

9 (2) COMMISSION.—The term ‘‘Commission’’ 

10 means the South Pacific Fisheries Commission es11 tablished under the South Pacific Fisheries Conven12 tion. 

13 (3) COMMISSIONER.—The term ‘‘Commis14 sioner’’ means a U.S. Commissioner appointed under 

15 section 3. 

16 (4) CONVENTION AREA.—The term ‘‘Conven17 tion Area’’ means— 

18 (A) the waters of the Pacific Ocean beyond 

19 areas of national jurisdiction and in accordance 

20 with international law, bounded by the 10° par21 allel of north latitude and the 20° parallel of 

22 south latitude and by the 135° meridian of east 

23 longitude and the 150° meridian of west lon24 gitude; and 


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1 (B) the waters of the Pacific Ocean beyond 

2 areas of national jurisdiction and in accordance 

3 with international law— 

4 (i) east of a line extending south 

5 along the 120° meridian of east longitude 

6 from the outer limit of the national juris7 diction of Australia off the south coast of 

8 Western Australia to the intersection with 

9 the 55° parallel of south latitude; then due 

10 east along the 55° parallel of south lati11 tude to the intersection with the 150° me12 ridian of east longitude; then due south 

13 along the 150° meridian of east longitude 

14 to the intersection with the 60° parallel of 

15 south latitude; 

16 (ii) north of a line extending east 

17 along the 60° parallel of south latitude 

18 from the 150° meridian of east longitude 

19 to the intersection with the 67° 16′ merid20 ian of west longitude; 

21 (iii) west of a line extending north 

22 along the 67° 16′ meridian of west lon23 gitude from the 60° parallel of south lati24 tude to its intersection with the outer limit 

25 of the national jurisdiction of Chile; then 


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1 along the outer limits of the national juris2 dictions of Chile, Peru, Ecuador and Co3 lombia to the intersection with the 2° par4 allel of north latitude; and 

5 (iv) south of a line extending west 

6 along the 2° parallel of north latitude (but 

7 not including the national jurisdiction of 

8 Ecuador (Galapagos Islands)) to the inter9 section with the 150° meridian of west lon10 gitude; then due north along the 150° me11 ridian of west longitude to its intersection 

12 with 10° parallel of north latitude; then 

13 west along the 10° parallel of north lati14 tude to its intersection with the outer lim15 its of the national jurisdiction of the Mar16 shall Islands; and then generally south and 

17 around the outer limits of the national ju18 risdictions of Pacific States and territories, 

19 New Zealand and Australia until it con20 nects to the commencement of the line de21 scribed in clause (i). 

22 (5) COUNCIL.—The term ‘‘Council’’ means the 

23 Western Pacific Regional Fishery Management 

24 Council. 


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1 (6) EXCLUSIVE ECONOMIC ZONE OF THE

2 UNITED STATES.—The term ‘‘exclusive economic 

3 zone of the United States’’ means the zone estab4 lished by Presidential Proclamation Numbered 5030 

5 of March 10, 1983 (16 U.S.C. 1453 note). 

6 (7) FISHERY RESOURCES.— 

7 (A) IN GENERAL.—The term ‘‘fishery re8 sources’’ means all fish within the Convention 

9 Area. 

10 (B) INCLUSIONS.—The term ‘‘fishery re11 sources’’ includes mollusks, crustaceans, and 

12 other living marine resources as may be decided 

13 by the Commission. 

14 (C) EXCLUSIONS.—The term ‘‘fishery re15 sources’’ does not include— 

16 (i) sedentary species in so far as they 

17 are subject to the national jurisdiction of 

18 coastal States pursuant to Article 77 para19 graph 4 of the 1982 Convention; 

20 (ii) highly migratory species listed in 

21 Annex I of the 1982 Convention; 

22 (iii) anadromous species; 

23 (iv) catadromous species; 

24 (v) marine mammals; 

25 (vi) marine reptiles; or 


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1 (vii) sea birds. 

2 (8) FISHING.— 

3 (A) IN GENERAL.—The term ‘‘fishing’’ 

4 means— 

5 (i) the actual or attempted searching 

6 for, catching, taking, or harvesting of fish7 ery resources; 

8 (ii) engaging in any activity that can 

9 reasonably be expected to result in the lo10 cating, catching, taking, or harvesting of 

11 fishery resources for any purpose; 

12 (iii) transshipment and any operation 

13 at sea in direct support of, or in prepara14 tion for, any activity described in this sub15 paragraph; or 

16 (iv) the use of any vessel, vehicle, air17 craft, or hovercraft, in relation to any ac18 tivity described in clauses (i) through (iii). 

19 (B) EXCLUSIONS.—The term ‘‘fishing’’ 

20 does not include any operation related to an 

21 emergency involving the health or safety of a 

22 crew member or the safety of a fishing vessel. 

23 (9) FISHING VESSEL.—The term ‘‘fishing ves24 sel’’ means any vessel used or intended for use for 

25 the purpose of fishing, including a support ship, a 


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1 carrier vessel, or any other vessel directly involved in 

2 such fishing operations. 

3 (10) PANEL.—The term ‘‘Panel’’ means the 

4 Council’s Advisory Panel. 

5 (11) PERSON.—The term ‘‘person’’ means— 

6 (A) any individual, whether or not a citizen 

7 or national of the United States; 

8 (B) any corporation, partnership, associa9 tion, or other entity, whether or not organized 

10 or existing under the laws of any State; or 

11 (C) any Federal, State, local, tribal, or for12 eign government, or any entity of such govern13 ment. 

14 (12) SECRETARY.—The term ‘‘Secretary’’ 

15 means the Secretary of Commerce. 

16 (13) SOUTH PACIFIC FISHERIES CONVEN17 TION.—The term ‘‘South Pacific Fisheries Conven18 tion’’ means the Convention on the Conservation and 

19 Management of the High Seas Fishery Resources in 

20 the South Pacific Ocean (including any annexes, 

21 amendments, or protocols that are in force, or have 

22 come into force, for the United States), which was 

23 adopted at Auckland on November 14, 2009. 

24 (14) STATE.—The term ‘‘State’’ means each of 

25 the several States of the United States, the District 


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1 of Columbia, American Samoa, Guam, and any other 

2 commonwealth, territory, or possession of the United 

3 States. 

4 (15) STRADDLING STOCK.—The term ‘‘strad5 dling stock’’ means a stock of fishery resources 

6 which migrates between, or occurs in, the exclusive 

7 economic zone of 1 or more parties to the South Pa8 cific Fisheries Convention and the Convention Area. 

9 (16) TRANSSHIPMENT.—The term ‘‘trans10 shipment’’ means the unloading of all or any of the 

11 fishery resources or fishery resources products de12 rived from fishing in the Convention Area on board 

13 a fishing vessel to another fishing vessel either at 

14 sea or in port. 

15 (17) 1982 CONVENTION.—The term ‘‘1982 

16 Convention’’ means the United Nations Convention 

17 on the Law of the Sea of 10 December 1982. 

18 SEC. 3. APPOINTMENT OF U.S. COMMISSIONERS. 

19 (a) APPOINTMENT.— 

20 (1) IN GENERAL.—The United States shall be 

21 represented on the Commission by not more than 3 

22 Commissioners. In making each appointment, the 

23 President shall select a Commissioner from among 

24 individuals who are knowledgeable or experienced 


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1 concerning fishery resources in the South Pacific 

2 Ocean. 

3 (2) REPRESENTATION.—At least 1 of the Com4 missioners shall be— 

5 (A) serving at the pleasure of the Presi6 dent, an officer or employee of— 

7 (i) the Department of Commerce; 

8 (ii) the Department of State; or 

9 (iii) the United States Coast Guard; 

10 and 

11 (B) the chairperson or designee of the 

12 Council. 

13 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

14 State, in consultation with the Secretary, may designate 

15 from time to time and for periods of time considered ap16 propriate an alternate Commissioner to the Commission. 

17 An alternate Commissioner may exercise all powers and 

18 duties of a Commissioner in the absence of a Commis19 sioner appointed under subsection (a). 

20 (c) ADMINISTRATIVE MATTERS.— 

21 (1) EMPLOYMENT STATUS.—An individual serv22 ing as a Commissioner, or as an alternate Commis23 sioner, other than an officer or employee of the U.S. 

24 Government, shall not be considered a Federal em25 ployee, except for the purposes of injury compensaVerDate Sep 11 2014 23:32 Apr 06, 2016 Jkt 059200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S1336.RS S1336

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1 tion or tort claims liability as provided in chapter 81 

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

3 title 28, United States Code. 

4 (2) COMPENSATION.—An individual serving as 

5 a Commissioner or an alternate Commissioner, al6 though an officer of the United States while so serv7 ing, shall receive no compensation for the individ8 ual’s services as such Commissioner or alternate 

9 Commissioner. 

10 (3) TRAVEL EXPENSES.— 

11 (A) IN GENERAL.—The Secretary of State 

12 shall pay the necessary travel expenses of a 

13 Commissioner or an alternate Commissioner in 

14 accordance with the Federal Travel Regulations 

15 and sections 5701, 5702, 5704 through 5708, 

16 and 5731 of title 5, United States Code. 

17 (B) REIMBURSEMENT.—The Secretary 

18 may reimburse the Secretary of State for 

19 amounts expended by the Secretary of State 

20 under this paragraph. 

21 (d) ADVISORY COMMITTEE.— 

22 (1) ESTABLISHMENT OF PERMANENT ADVISORY

23 COMMITTEE.— 

24 (A) MEMBERSHIP.—There is established 

25 an advisory committee which shall be composed 


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1 of 7 members appointed by the Secretary, in2 cluding— 

3 (i) a member engaging in commercial 

4 fishing in the management area of the 

5 Council; 

6 (ii) 2 members from the indigenous 

7 population of the Pacific, including a Na8 tive Hawaiian and a native-born inhabitant 

9 of any State in the Pacific; 

10 (iii) a member that is a marine fish11 eries scientist and a member of the Coun12 cil’s Scientific and Statistical Committee; 

13 (iv) a member representing a non-gov14 ernmental organization active in fishery 

15 issues in the Pacific; 

16 (v) a member nominated by the Gov17 ernor of the State of Hawaii; and 

18 (vi) a member designated by the 

19 Council. 

20 (B) TERMS AND PRIVILEGES.—Each mem21 ber of the Advisory Committee shall serve for a 

22 term of 2 years and shall be eligible for re23 appointment for not more than 3 consecutive 

24 terms. The Commissioners shall notify the Ad25 visory Committee in advance of each meeting of 


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1 the Commissioners. The Advisory Committee 

2 may attend each meeting and may examine and 

3 be heard on all proposed programs, investiga4 tions, reports, recommendations, and regula5 tions of the Commissioners. 

6 (C) PROCEDURES.—The Advisory Com7 mittee shall determine its organization and pre8 scribe its practices and procedures for carrying 

9 out its functions under this Act, the South Pa10 cific Fisheries Convention, and the Magnuson11 Stevens Fishery Conservation and Management 

12 Act (16 U.S.C. 1801 et seq.). The Advisory 

13 Committee shall publish and make available to 

14 the public a statement of its organization, prac15 tices, and procedures. A majority of the mem16 bers of the Advisory Committee shall constitute 

17 a quorum to conduct business. Meetings of the 

18 Advisory Committee, except when in executive 

19 session, shall be open to the public. Prior notice 

20 of each non-executive meeting shall be made 

21 public in a timely fashion. The Advisory Com22 mittee shall not be subject to the Federal Advi23 sory Committee Act (5 U.S.C. App.). 

24 (D) PROVISION OF INFORMATION.—The 

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1 nish the Advisory Committee with relevant in2 formation concerning fishery resources and 

3 international fishery agreements. 

4 (2) ADMINISTRATIVE MATTERS.— 

5 (A) SUPPORT SERVICES.—The Secretary 

6 shall provide to the Advisory Committee in a 

7 timely manner such administrative and tech8 nical support services as are necessary to func9 tion effectively. 

10 (B) COMPENSATION; STATUS; EX11 PENSES.—An individual appointed to serve as a 

12 member of the Advisory Committee— 

13 (i) shall serve without pay; and 

14 (ii) shall not be considered a Federal 

15 employee, except for the purposes of injury 

16 compensation or tort claims liability as 

17 provided in chapter 81 of title 5, United 

18 States Code, and chapter 171 of title 28, 

19 United States Code. 

20 (e) MEMORANDUM OF UNDERSTANDING.—For fish21 ery resources in the Convention Area, the Secretary, in 

22 coordination with the Secretary of State, shall develop a 

23 memorandum of understanding with the Council that 

24 clarifies the role of the Council with respect to— 


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1 (1) participation in U.S. delegations to inter2 national fishery organizations in the Pacific Ocean, 

3 including government-to-government consultations; 

4 (2) providing formal recommendations to the 

5 Secretary and the Secretary of State regarding nec6 essary measures for both domestic and foreign fish7 ing vessels; 

8 (3) coordinating positions with the U.S. delega9 tion for presentation to the appropriate international 

10 fishery organization; and 

11 (4) recommending those domestic fishing regu12 lations that are consistent with the actions of the 

13 international fishery organization, for approval and 

14 implementation under the Magnuson-Stevens Fish15 ery Conservation and Management Act (16 U.S.C. 

16 1801 et seq.). 

17 SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SEC18 RETARY OF STATE. 

19 The Secretary of State may— 

20 (1) receive and transmit, on behalf of the 

21 United States, reports, requests, recommendations, 

22 proposals, decisions, and other communications of 

23 and to the Commission; 

24 (2) in consultation with the Secretary, approve, 

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1 laws and rules, or amendments thereof, adopted by 

2 the Commission; 

3 (3) with the concurrence of the Secretary, ap4 prove or disapprove the general annual program of 

5 the Commission with respect to conservation and 

6 management measures and other measures proposed 

7 or adopted in accordance with the South Pacific 

8 Fisheries Convention; and 

9 (4) act upon, or refer to other appropriate au10 thority, any communication under paragraph (1). 

11 SEC. 5. AUTHORITY OF THE SECRETARY OF COMMERCE. 

12 (a) PROMULGATION OF REGULATIONS.—The Sec13 retary, in consultation with the Secretary of State and, 

14 with respect to enforcement measures, the Secretary of the 

15 department in which the Coast Guard is operating, is au16 thorized to promulgate such regulations as may be nec17 essary to carry out U.S. international obligations under 

18 the South Pacific Fisheries Convention and this Act, in19 cluding recommendations and decisions adopted by the 

20 Commission. If the Secretary has discretion in the imple21 mentation of 1 or more measures adopted by the Commis22 sion that would govern a straddling stock under the au23 thority of the Council, the Secretary shall promulgate, to 

24 the extent practicable within the implementation schedule 

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1 ommendations and decisions adopted by the Commission, 

2 such regulations in accordance with the procedures estab3 lished by the Magnuson-Stevens Fishery Conservation and 

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

5 (b) RULE OF CONSTRUCTION.—Regulations promul6 gated under subsection (a) shall be applicable only to a 

7 person or a fishing vessel that is or has engaged in fishing, 

8 or fishery resources covered by the South Pacific Fisheries 

9 Convention under this Act. 

10 (c) ADDITIONAL AUTHORITY.—The Secretary may 

11 conduct, and may request and utilize on a reimbursed or 

12 non-reimbursed basis the assistance, services, personnel, 

13 equipment, and facilities of other Federal departments 

14 and agencies in— 

15 (1) scientific, research, and other programs 

16 under this Act; 

17 (2) fishing operations and biological experi18 ments for purposes of scientific investigation or 

19 other purposes necessary to implement the South 

20 Pacific Fisheries Convention; 

21 (3) the collection, utilization, and disclosure of 

22 such information as may be necessary to implement 

23 the South Pacific Fisheries Convention, subject to 

24 sections 552 and 552a of title 5, United States 

25 Code, and section 402(b) of the Magnuson-Stevens 


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1 Fishery Conservation and Management Act (16 

2 U.S.C. 1881a(b)); 

3 (4) if recommended by the Commissioners, the 

4 assessment and collection of fees, not to exceed 3 

5 percent of the ex-vessel value of fishery resources 

6 harvested by vessels of the United States in fisheries 

7 conducted in the Convention Area, to recover the ac8 tual costs to the United States of management and 

9 enforcement under this Act, which shall be deposited 

10 as an offsetting collection in, and credited to, the ac11 count providing appropriations to carry out the func12 tions of the Secretary under this Act; and 

13 (5) the issuance of permits to owners and oper14 ators of U.S. vessels to engage in fishing in the Con15 vention Area seaward of the exclusive economic zone 

16 of the United States, under such terms and condi17 tions as the Secretary may prescribe, including the 

18 period of time that a permit is valid. 

19 (d) CONSISTENCY WITH OTHER LAWS.—The Sec20 retary shall ensure the consistency, to the extent prac21 ticable, of fishery management programs administered 

22 under this Act, the Magnuson-Stevens Fishery Conserva23 tion and Management Act (16 U.S.C. 1801 et seq.), the 

24 Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), 

25 the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 


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1 seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 

2 note) (relating to Pacific albacore tuna), the Atlantic 

3 Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.), 

4 and the Western and Central Pacific Fisheries Convention 

5 Implementation Act (16 U.S.C. 6901 et seq.). 

6 (e) JUDICIAL REVIEW OF REGULATIONS.— 

7 (1) IN GENERAL.—Regulations promulgated by 

8 the Secretary under this Act shall be subject to judi9 cial review to the extent authorized by, and in ac10 cordance with, chapter 7 of title 5, United States 

11 Code, if a petition for such review is filed not later 

12 than 30 days after the date on which the regulations 

13 are promulgated or the action is published in the 

14 Federal Register, as applicable. 

15 (2) RESPONSES.—Notwithstanding any other 

16 provision of law, the Secretary shall file a response 

17 to any petition filed in accordance with paragraph 

18 (1), not later than 30 days after the date the Sec19 retary is served with that petition, except that the 

20 appropriate court may extend the period for filing 

21 such a response upon a showing by the Secretary of 

22 good cause for that extension. 

23 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

24 response of the Secretary under paragraph (2) shall 


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1 include a copy of the administrative record for the 

2 regulations that are the subject of the petition. 

3 (4) EXPEDITED HEARINGS.—Upon a motion by 

4 the person who files a petition under this subsection, 

5 the appropriate court shall assign the matter for 

6 hearing at the earliest possible date. 

7 SEC. 6. ENFORCEMENT. 

8 (a) IN GENERAL.—The Secretary and the Secretary 

9 of the department in which the Coast Guard is oper10 ating— 

11 (1) shall administer and enforce this Act and 

12 any regulations issued under this Act, except to the 

13 extent otherwise provided for in the Magnuson-Ste14 vens Fishery Conservation and Management Act (16 

15 U.S.C. 1801 et seq.); and 

16 (2) may request and utilize on a reimbursed or 

17 non-reimbursed basis the assistance, services, per18 sonnel, equipment, and facilities of other Federal de19 partments and agencies in the administration and 

20 enforcement of this Act. 

21 (b) SECRETARIAL ACTIONS.—Except as provided 

22 under subsection (c), the Secretary and the Secretary of 

23 the department in which the Coast Guard is operating 

24 shall prevent any person from violating this Act with re25 spect to fishing or the conservation of fishery resources 


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1 in the Convention Area in the same manner, by the same 

2 means, and with the same jurisdiction, powers, and duties 

3 as though sections 308 through 311 of the Magnuson-Ste4 vens Fishery Conservation and Management Act (16 

5 U.S.C. 1858, 1859, 1860, 1861) were incorporated into 

6 and made a part of this Act. Any person that violates any 

7 provision of this Act is subject to the penalties and entitled 

8 to the privileges and immunities provided in the Magnu9 son-Stevens Fishery Conservation and Management Act 

10 (16 U.S.C. 1801 et seq.) in the same manner, by the same 

11 means, and with the same jurisdiction, power, and duties 

12 as though sections 308 through 311 of that Act (16 

13 U.S.C. 1858, 1859, 1860, 1861) were incorporated into 

14 and made a part of this Act. 

15 (c) JURISDICTION OF THE COURTS.— 

16 (1) IN GENERAL.—Subject to paragraphs (2) 

17 and (3), the district courts of the United States 

18 shall have exclusive jurisdiction over any case or 

19 controversy arising under the provisions of this Act, 

20 and any such court may at any time— 

21 (A) enter restraining orders or prohibi22 tions; 

23 (B) issue warrants, process in rem, or 

24 other process; 


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1 (C) prescribe and accept satisfactory bonds 

2 or other security; and 

3 (D) take such other actions as are in the 

4 interest of justice. 

5 (2) HAWAII AND PACIFIC INSULAR AREAS.—In 

6 the case of Hawaii or any other State in the Pacific 

7 Ocean, the appropriate court is the United States 

8 District Court for the District of Hawaii, except 

9 that— 

10 (A) in the case of Guam and Wake Island, 

11 the appropriate court is the United States Dis12 trict Court for the District of Guam; and 

13 (B) in the case of the Northern Mariana 

14 Islands, the appropriate court is the United 

15 States District Court for the District of the 

16 Northern Mariana Islands. 

17 (3) CONSTRUCTION.—Each violation shall be a 

18 separate offense and the offense shall be deemed to 

19 have been committed not only in the district where 

20 the violation first occurred, but also in any other 

21 district authorized by law. Any offense not com22 mitted in any district is subject to the venue provi23 sions of section 3238 of title 18, United States 

24 Code. 

25 (d) CONFIDENTIALITY.— 


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1 (1) IN GENERAL.—Any information submitted 

2 to the Secretary in compliance with any requirement 

3 under this Act shall be confidential and may not be 

4 disclosed, except— 

5 (A) to a Federal employee who is respon6 sible for administering, implementing, or en7 forcing this Act; 

8 (B) to the Commission, in accordance with 

9 requirements in the South Pacific Fisheries 

10 Convention and decisions of the Commission, 

11 and, insofar as possible, in accordance with an 

12 agreement with the Commission that prevents 

13 public disclosure of the identity or business of 

14 any person; 

15 (C) to a State or Council employee pursu16 ant to an agreement with the Secretary that 

17 prevents public disclosure of the identity or 

18 business of any person; 

19 (D) when required by court order; or 

20 (E) when the Secretary has obtained writ21 ten authorization from the person submitting 

22 such information to release such information to 

23 another person for a reason not otherwise pro24 vided for in this paragraph, and such release 

25 does not violate other requirements of this Act. 


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1 (2) USE OF INFORMATION.— 

2 (A) IN GENERAL.—Except as provided 

3 under subparagraph (B), the Secretary shall 

4 promulgate regulations regarding the proce5 dures the Secretary considers necessary to pre6 serve the confidentiality of information under 

7 this Act. 

8 (B) EXCEPTION.—The Secretary may re9 lease or make public information submitted 

10 under this Act if the information is in any ag11 gregate or summary form that does not directly 

12 or indirectly disclose the identity or business of 

13 any person. 

14 (3) RULE OF CONSTRUCTION.—Nothing in this 

15 subsection shall be interpreted or construed to pre16 vent the use for conservation and management pur17 poses by the Secretary of any information submitted 

18 under this Act. 

19 SEC. 7. PROHIBITED ACTS. 

20 It is unlawful for any person— 

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

22 regulation or permit issued under this Act; 

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1 riod of suspension of, an applicable permit issued 

2 under this Act; 

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

4 enforce the provisions of this Act to board a fishing 

5 vessel subject to such person’s control for the pur6 poses of conducting any search, investigation, or in7 spection in connection with the enforcement of this 

8 Act or the South Pacific Fisheries Convention; 

9 (4) to assault, resist, oppose, impede, intimi10 date, or interfere with any such authorized officer in 

11 the conduct of any search, investigation, or inspec12 tion in connection with the enforcement of this Act 

13 or the South Pacific Fisheries Convention; 

14 (5) to resist a lawful arrest for any act prohib15 ited by this Act or any regulation promulgated or 

16 permit issued under this Act; 

17 (6) to knowingly and willfully ship, transport, 

18 offer for sale, sell, purchase, import, export, or have 

19 custody, control, or possession of, any fishery re20 sources taken or retained in violation of this Act or 

21 any regulation or permit referred to in paragraph 

22 (1) or (2); 

23 (7) to interfere with, delay, or prevent, by any 

24 means, the apprehension or arrest of another person, 


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1 knowing that such other person has committed any 

2 act prohibited by this section; 

3 (8) to knowingly and willfully submit to the 

4 Secretary false information (including false informa5 tion regarding the capacity and extent to which a 

6 United States fish processor, on an annual basis, 

7 will process a portion of the optimum yield of a fish8 ery that will be harvested by fishing vessels of the 

9 United States), regarding any matter that the Sec10 retary is considering in the course of carrying out 

11 this Act; 

12 (9) to assault, resist, oppose, impede, intimi13 date, sexually harass, bribe, or interfere with any ob14 server on a vessel under this Act, or any data col15 lector employed by or under contract to any person 

16 to carry out responsibilities under this Act; 

17 (10) to engage in fishing in violation of any 

18 regulation adopted under this Act; 

19 (11) to knowingly and willfully ship, transport, 

20 purchase, sell, offer for sale, import, export, or have 

21 in custody, possession, or control any fishery re22 sources taken or retained in violation of such regula23 tions; 


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1 (12) to fail to make, keep, or furnish any catch 

2 returns, statistical records, or other reports required 

3 to be made, kept, or furnished under this Act; 

4 (13) to fail to stop a vessel upon being hailed 

5 and instructed to stop by a duly authorized official 

6 of the United States; 

7 (14) to import, in violation of any regulation 

8 promulgated under this Act, any fishery resources in 

9 any form of those species subject to regulation pur10 suant to a recommendation, resolution, or decision 

11 of the Commission, or any fishery resources in any 

12 form not under regulation but under investigation by 

13 the Commission, during the period the fishery re14 sources have been denied entry in accordance with 

15 the provisions of this Act; 

16 (15) to make or submit any false record, ac17 count, or label for, or any false identification of, any 

18 fishery resources which have been, or are intended to 

19 be imported, exported, transported, sold, offered for 

20 sale, purchased, or received in interstate or foreign 

21 commerce; or 

22 (16) to refuse to authorize and accept boarding 

23 by a duly authorized inspector pursuant to proce24 dures adopted by the Commission for the boarding 


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1 and inspection of fishing vessels in the Convention 

2 Area. 

3 SEC. 8. COOPERATION IN CARRYING OUT CONVENTION. 

4 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI5 TUTIONS AND ORGANIZATIONS.—The Secretary may co6 operate with any Federal department or agency, any pub7 lic or private institution or organization within the United 

8 States or abroad, and, through the Secretary of State, a 

9 duly authorized official of the government of any party 

10 to the South Pacific Fisheries Convention, in carrying out 

11 responsibilities under this Act. 

12 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

13 AND PERSONNEL.—Each Federal department and agency 

14 is authorized, upon the request of the Secretary, to cooper15 ate in the conduct of scientific and other programs and 

16 to furnish facilities and personnel for the purpose of as17 sisting the Commission in carrying out its duties under 

18 the South Pacific Fisheries Convention. 

19 (c) SANCTIONED FISHING OPERATIONS AND BIO20 LOGICAL EXPERIMENTS.—Nothing in this Act, or in the 

21 laws of any State, prevents the Secretary or the Commis22 sion from— 

23 (1) conducting or authorizing the conduct of 

24 fishing operations and biological experiments at any 

25 time for purposes of scientific investigation; or 


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1 (2) discharging any other duties prescribed by 

2 the South Pacific Fisheries Convention. 

3 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

4 in this Act shall be construed to diminish or to increase 

5 the jurisdiction of any State in the territorial sea of the 

6 United States. 

7 SEC. 9. TERRITORIAL PARTICIPATION. 

8 The Secretary of State shall ensure participation in 

9 the Commission and its subsidiary bodies by American 

10 Samoa, Guam, and the Commonwealth of the Northern 

11 Mariana Islands to the same extent provided to the terri12 tories of other nations. 

13 SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

14 Masters of commercial fishing vessels of nations fish15 ing under the management authority of the South Pacific 

16 Fisheries Convention that do not carry vessel monitoring 

17 systems capable of communicating with U.S. enforcement 

18 authorities shall, prior to, or as soon as reasonably pos19 sible after, entering and transiting the exclusive economic 

20 zone of the United States seaward of the Convention 

21 Area— 

22 (1) notify the U.S. Coast Guard of the name, 

23 flag state, location, route, and destination of the ves24 sel and of the circumstances under which it will 


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1 enter the exclusive economic zone of the United 

2 States seaward of the Convention Area; 

3 (2) ensure that all fishing gear on board the 

4 vessel is stowed below deck or otherwise removed 

5 from the place it is normally used for fishing and 

6 placed where it is not readily available for fishing; 

7 and 

8 (3) if requested by an enforcement officer, pro9 ceed to a specified location so that a vessel inspec10 tion can be conducted. 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) IN GENERAL.—There are authorized to be appro13 priated to the Secretary and the Secretary of State such 

14 sums as may be necessary to carry out this Act and to 

15 pay the United States contribution to the Commission 

16 under Article 15 of the South Pacific Fisheries Conven17 tion. 

18 (b) INTERNATIONAL COOPERATION AND ASSIST19 ANCE.— 

20 (1) IN GENERAL.—Subject to the limits of 

21 available appropriations and consistent with applica22 ble law, the Secretary or the Secretary of State shall 

23 provide appropriate assistance, including grants, to 

24 developing nations and international organizations of 

25 which such nations are members to assist those naVerDate Sep 11 2014 23:32 Apr 06, 2016 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1336.RS S1336

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1 tions in meeting their obligations under the South 

2 Pacific Fisheries Convention. 

3 (2) TRANSFER OF FUNDS.—Subject to the lim4 its of available appropriations and consistent with 

5 other applicable law, the Secretary and the Secretary 

6 of State are authorized to transfer funds to any for7 eign government, international, non-governmental, 

8 or international organization, including the Commis9 sion, for purposes of carrying out the international 

10 responsibilities under paragraph (1). 


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Calendar No. 419 

114TH CONGRESS 

2D SESSION S. 1336 

[Report No. 114–235] 

A BILL 

To implement the Convention on the Conservation 

other purposes. at Auckland on November 14, 2009, and for sources in the South Pacific Ocean, as adopted and Management of the High Seas Fishery ReAPRIL 6, 2016 

Reported without amendment 


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