114TH CONGRESS 

2D SESSION S. 1335 

AN ACT 

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. 

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; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Ensuring Access to Fisheries Act’’. 

4 (b) TABLE OF CONTENTS.—The table of contents of 

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—NORTH PACIFIC FISHERIES 

Subtitle A—North Pacific Fisheries Convention Implementation Act 

Sec. 101. Short title. 

Sec. 102. Definitions. 

Sec. 103. United States participation in the North Pacific Fisheries Convention. 

Sec. 104. Authority and responsibility of the Secretary of State. 

Sec. 105. Authority of the Secretary of Commerce. 

Sec. 106. Enforcement. 

Sec. 107. Prohibited acts. 

Sec. 108. Cooperation in carrying out Convention. 

Sec. 109. Territorial participation. 

Sec. 110. Exclusive economic zone notification. 

Sec. 111. Authorization of appropriations. 

Subtitle B—Miscellaneous 

Sec. 121. Funding for travel expenses. 

Sec. 122. National Sea Grant College Program Reauthorization Act of 1998. 

TITLE II—SOUTH PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

Sec. 201. Short title. 

Sec. 202. Definitions. 

Sec. 203. Appointment of United States Commissioners. 

Sec. 204. Authority and responsibility of the Secretary of State. 

Sec. 205. Authority of the Secretary of Commerce. 

Sec. 206. Enforcement. 

Sec. 207. Prohibited acts. 

Sec. 208. Cooperation in carrying out Convention. 

Sec. 209. Territorial participation. 

Sec. 210. Exclusive economic zone notification. 

Sec. 211. Authorization of appropriations. 

TITLE III—NORTHWEST ATLANTIC FISHERIES CONVENTION 

AMENDMENTS ACT 

Sec. 301. Short title; references to the Northwest Atlantic Fisheries Convention 

Act of 1995. 

Sec. 302. Representation of the United States under Convention. 

Sec. 303. Requests for scientific advice. 

Sec. 304. Authorities of Secretary of State with respect to Convention. 
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Sec. 305. Interagency cooperation. 

Sec. 306. Prohibited acts and penalties. 

Sec. 307. Consultative committee. 

Sec. 308. Definitions. 

Sec. 309. Authorization of appropriations. 

Sec. 310. Quota allocation practice. 

1 TITLE I—NORTH PACIFIC 

2 FISHERIES 

3 Subtitle A—North Pacific Fisheries 

4 Convention Implementation Act 

5 SEC. 101. SHORT TITLE. 

6 This subtitle may be cited as the ‘‘North Pacific Fish7 eries Convention Implementation Act’’. 

8 SEC. 102. DEFINITIONS. 

9 In this subtitle: 

10 (1) ADVISORY COMMITTEE.—The term ‘‘Advi11 sory Committee’’ means the advisory committee es12 tablished under section 103. 

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

14 means the North Pacific Fisheries Commission es15 tablished pursuant to the North Pacific Fisheries 

16 Convention. 

17 (3) COMMISSIONER.—The term ‘‘Commis18 sioner’’ means a United States Commissioner ap19 pointed under section 103. 

20 (4) CONVENTION AREA.—The term ‘‘Conven21 tion Area’’— 
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1 (A) means the waters of the high seas 

2 areas of the North Pacific Ocean; and 

3 (B) excludes— 

4 (i) the high seas areas of the Bering 

5 Sea and other high seas areas that are 

6 surrounded by the exclusive economic zone 

7 of a single nation, which are bounded to 

8 the south by a continuous line beginning at 

9 the seaward limit of waters under the ju10 risdiction of the United States around the 

11 Commonwealth of the Northern Mariana 

12 Islands at 20 degrees North latitude, then 

13 proceeding East and connecting the coordi14 nates: 20°00′00′′N, 180°00′00′′E/W; 

15 10°00′00′′N 180°00′00′′E/W; 10°00′00′′N, 

16 140°00′00′′W; 20°00′00′′N, 140°00′00′′W; 

17 and thence East to the seaward limit of 

18 waters under the fisheries jurisdiction of 

19 Mexico; and 

20 (ii) the exclusive economic zone of the 

21 United States or of any other country. 

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

23 North Pacific Fishery Management Council, the Pa24 cific Fishery Management Council, or the Western 

25 Pacific Fishery Management Council established 
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1 under section 302 of the Magnuson-Stevens Fishery 

2 Conservation and Management Act (16 U.S.C. 

3 1852). 

4 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

5 ‘‘exclusive economic zone’’ means— 

6 (A) with respect to the United States, the 

7 zone established by Presidential Proclamation 

8 Numbered 5030 of March 10, 1983 (16 U.S.C. 

9 1453 note), the inner boundary of which, for 

10 purposes of this subtitle, is a line coterminous 

11 with the seaward boundary of each of the coast12 al States; and 

13 (B) with respect to a foreign country, a 

14 designated zone similar to the zone referred to 

15 in subparagraph (A) for that country. 

16 (7) FISHERIES RESOURCES.— 

17 (A) IN GENERAL.—The term ‘‘fisheries re18 sources’’ means all fish, mollusks, crustaceans, 

19 and other marine species, including any prod20 ucts thereof, caught by a fishing vessel within 

21 the Convention Area. 

22 (B) EXCLUSIONS.—The term ‘‘fisheries re23 sources’’ does not include— 

24 (i) sedentary species insofar as they 

25 are subject to the sovereign rights of coast-
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1 al nations consistent with Article 77, para2 graph 4 of the 1982 Convention and indi3 cator species of vulnerable marine eco4 systems as listed in, or adopted pursuant 

5 to, Article 13, paragraph 5 of the North 

6 Pacific Fisheries Convention; 

7 (ii) catadromous species; 

8 (iii) marine mammals, marine reptiles, 

9 or seabirds; or 

10 (iv) other marine species already cov11 ered by pre-existing international fisheries 

12 management instruments within the area 

13 of competence of such instruments. 

14 (8) FISHING ACTIVITIES.— 

15 (A) IN GENERAL.—The term ‘‘fishing ac16 tivities’’ means— 

17 (i) the actual or attempted searching 

18 for, catching, taking, or harvesting of fish19 eries resources; 

20 (ii) engaging in any activity that can 

21 reasonably be expected to result in the lo22 cating, catching, taking, or harvesting of 

23 fisheries resources for any purpose; 

24 (iii) the processing of fisheries re25 sources at sea; 
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1 (iv) the transhipment of fisheries re2 sources at sea or in port; or 

3 (v) any operation at sea in direct sup4 port of, or in preparation for, any activity 

5 described in clauses (i) through (iv), in6 cluding transshipment. 

7 (B) EXCLUSIONS.—The term ‘‘fishing ac8 tivities’’ does not include any operation related 

9 to an emergency involving the health or safety 

10 of a crew member or the safety of a fishing ves11 sel. 

12 (9) FISHING VESSEL.—The term ‘‘fishing ves13 sel’’ means any vessel used or intended for use for 

14 the purpose of engaging in fishing activities, includ15 ing a processing vessel, a support ship, a carrier ves16 sel, or any other vessel directly engaged in such fish17 ing activities. 

18 (10) HIGH SEAS.—The term ‘‘high seas’’ does 

19 not include an area that is within the exclusive eco20 nomic zone of the United States or of any other 

21 country. 

22 (11) NORTH PACIFIC FISHERIES CONVEN23 TION.—The term ‘‘North Pacific Fisheries Conven24 tion’’ means the Convention on the Conservation and 

25 Management of the High Seas Fisheries Resources 
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1 in the North Pacific Ocean (including any annexes, 

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

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

4 adopted at Tokyo on February 24, 2012. 

5 (12) 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 (13) SECRETARY.—Except as otherwise specifi15 cally provided, the term ‘‘Secretary’’ means the Sec16 retary of Commerce. 

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

18 the several States of the United States, the District 

19 of Columbia, the Commonwealth of the Northern 

20 Mariana Islands, Guam, American Samoa, and any 

21 other commonwealth, territory, or possession of the 

22 United States. 

23 (15) STRADDLING STOCK.—The term ‘‘strad24 dling stock’’ means a stock of fisheries resources 

25 which migrates between, or occurs in, the exclusive 
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1 economic zone of 1 or more parties to the Conven2 tion and the Convention Area. 

3 (16) TRANSSHIPMENT.—The term ‘‘trans4 shipment’’ means the unloading of any fisheries re5 sources taken in the Convention Area from 1 fishing 

6 vessel to another fishing vessel either at sea or in 

7 port. 

8 (17) 1982 CONVENTION.—The term ‘‘1982 

9 Convention’’ means the United Nations Convention 

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

11 SEC. 103. UNITED STATES PARTICIPATION IN THE NORTH 

12 PACIFIC FISHERIES CONVENTION. 

13 (a) UNITED STATES COMMISSIONERS.— 

14 (1) NUMBER OF COMMISSIONERS.—The United 

15 States shall be represented on the Commission by 5 

16 United States Commissioners. 

17 (2) SELECTION OF COMMISSIONERS.—The 

18 United States Commissioners shall be as follows: 

19 (A) APPOINTMENT BY THE PRESIDENT.— 

20 (i) IN GENERAL.—Two of the Com21 missioners shall be appointed by the Presi22 dent and shall be an officer or employee 

23 of— 

24 (I) the Department of Commerce; 

25 (II) the Department of State; or 
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1 (III) the United States Coast 

2 Guard. 

3 (ii) SELECTION CRITERIA.—In making 

4 each appointment under clause (i), the 

5 President shall select a Commissioner from 

6 among individuals who are knowledgeable 

7 or experienced concerning fisheries re8 sources in the North Pacific Ocean. 

9 (B) NORTH PACIFIC FISHERY MANAGE10 MENT COUNCIL.—One Commissioner shall be 

11 the chairperson of the North Pacific Fishery 

12 Management Council or a designee of such 

13 chairperson. 

14 (C) PACIFIC FISHERY MANAGEMENT COUN15 CIL.—One Commissioner shall be the chair16 person of the Pacific Fishery Management 

17 Council or a designee of such chairperson. 

18 (D) WESTERN PACIFIC FISHERY MANAGE19 MENT COUNCIL.—One Commissioner shall be 

20 the chairperson of the Western Pacific Fishery 

21 Management Council or a designee of such 

22 chairperson. 

23 (3) CHAIRPERSON.—The President shall des24 ignate 1 of the Commissioners appointed under 
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1 paragraph (2) to serve as chairperson of the United 

2 States Commissioners. 

3 (b) ALTERNATE COMMISSIONERS.—In the event of a 

4 vacancy in a Commissioner appointed under subsection 

5 (a), the Secretary of State, in consultation with the Sec6 retary, may designate from time to time and for periods 

7 of time considered appropriate an alternate Commissioner 

8 to the Commission. An alternate Commissioner may exer9 cise all powers and duties of a Commissioner in the ab10 sence of a Commissioner appointed under subsection (a), 

11 and shall serve the remainder of the term of the absent 

12 Commissioner for which designated. 

13 (c) ADMINISTRATIVE MATTERS.— 

14 (1) EMPLOYMENT STATUS.—An individual serv15 ing as a Commissioner, or an alternative Commis16 sioner, other than an officer or employee of the 

17 United States Government, shall not be considered 

18 a Federal employee, except for the purposes of in19 jury compensation or tort claims liability as provided 

20 in chapter 81 of title 5, United States Code, and 

21 chapter 171 of title 28, United States Code. 

22 (2) COMPENSATION.—An individual serving as 

23 a Commissioner or an alternate Commissioner, al24 though an officer of the United States while so serv25 ing, shall receive no compensation for the individ-
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1 ual’s services as such Commissioner or alternate 

2 Commissioner. 

3 (3) TRAVEL EXPENSES.— 

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

5 shall pay the necessary travel expenses of a 

6 Commissioner or an alternate Commissioner in 

7 accordance with the Federal Travel Regulations 

8 and sections 5701, 5702, 5704 through 5708, 

9 and 5731 of title 5, United States Code. 

10 (B) REIMBURSEMENT.—The Secretary 

11 may reimburse the Secretary of State for 

12 amounts expended by the Secretary of State 

13 under this paragraph. 

14 (d) ADVISORY COMMITTEE.— 

15 (1) ESTABLISHMENT OF PERMANENT ADVISORY

16 COMMITTEE.— 

17 (A) MEMBERSHIP.—There is established 

18 an advisory committee which shall be composed 

19 of 11 members appointed by the Secretary as 

20 follows: 

21 (i) A member engaging in commercial 

22 fishing activities in the management area 

23 of the North Pacific Fishery Management 

24 Council. 
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1 (ii) A member engaging in commercial 

2 fishing activities in the management area 

3 of the Pacific Fishery Management Coun4 cil. 

5 (iii) A member engaging in commer6 cial fishing activities in the management 

7 area of the Western Pacific Fishery Man8 agement Council. 

9 (iv) 3 members from the indigenous 

10 population of the North Pacific, including 

11 an Alaska Native, Native Hawaiian, or a 

12 native-born inhabitant of any State of the 

13 United States in the Pacific, and an indi14 vidual from a Pacific Coast tribe. 

15 (v) A member that is a marine fish16 eries scientist that is a resident of a State 

17 the adjacent exclusive economic zone for 

18 which is bounded by the Convention Area. 

19 (vi) A member nominated by the Gov20 ernor of the State of Alaska. 

21 (vii) A member nominated by the Gov22 ernor of the State of Hawaii. 

23 (viii) A member nominated by the 

24 Governor of the State of Washington. 
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1 (ix) A member nominated by the Gov2 ernor of the State of California. 

3 (B) TERMS AND PRIVILEGES.—Each mem4 ber of the Advisory Committee shall serve for a 

5 term of 2 years and shall be eligible for re6 appointment for not more than 3 consecutive 

7 terms. The Commissioners shall notify the Ad8 visory Committee in advance of each meeting of 

9 the Commissioners. The Advisory Committee 

10 shall attend each meeting and shall examine 

11 and be heard on all proposed programs, inves12 tigations, reports, recommendations, and regu13 lations of the Commissioners. 

14 (C) PROCEDURES.— 

15 (i) IN GENERAL.—The Advisory Com16 mittee shall determine its organization and 

17 prescribe its practices and procedures for 

18 carrying out its functions under this sub19 title, the North Pacific Fisheries Conven20 tion, and the Magnuson-Stevens Fishery 

21 Conservation and Management Act (16 

22 U.S.C. 1801 et seq.). 

23 (ii) PUBLIC AVAILABILITY OF PROCE24 DURES.—The Advisory Committee shall 

25 publish and make available to the public a 
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1 statement of its organization, practices, 

2 and procedures. 

3 (iii) QUORUM.—A majority of the 

4 members of the Advisory Committee shall 

5 constitute a quorum to conduct business. 

6 (iv) PUBLIC MEETINGS.—Meetings of 

7 the Advisory Committee, except when in 

8 executive session, shall be open to the pub9 lic. Prior notice of each non-executive 

10 meeting shall be made public in a timely 

11 fashion. The Advisory Committee shall not 

12 be subject to the Federal Advisory Com13 mittee Act (5 U.S.C. App.). 

14 (D) PROVISION OF INFORMATION.—The 

15 Secretary and the Secretary of State shall fur16 nish the Advisory Committee with relevant in17 formation concerning fisheries resources and 

18 international fishery agreements. 

19 (2) ADMINISTRATIVE MATTERS.— 

20 (A) SUPPORT SERVICES.—The Secretary 

21 shall provide to the Advisory Committee in a 

22 timely manner such administrative and tech23 nical support services as are necessary to func24 tion effectively. 
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1 (B) COMPENSATION; STATUS.—An indi2 vidual appointed to serve as a member of the 

3 Advisory Committee— 

4 (i) shall serve without pay; and 

5 (ii) shall not be considered a Federal 

6 employee, except for the purposes of injury 

7 compensation or tort claims liability as 

8 provided in chapter 81 of title 5, United 

9 States Code, and chapter 171 of title 28, 

10 United States Code. 

11 (C) TRAVEL EXPENSES.— 

12 (i) IN GENERAL.—The Secretary of 

13 State shall pay the necessary travel ex14 penses of members of the Advisory Com15 mittee in carrying out the duties of the Ad16 visory Committee in accordance with the 

17 Federal Travel Regulations and sections 

18 5701, 5702, 5704 through 5708, and 5731 

19 of title 5, United States Code. 

20 (ii) REIMBURSEMENT.—The Secretary 

21 may reimburse the Secretary of State for 

22 amounts expended by the Secretary of 

23 State under this subparagraph. 

24 (e) UNITED STATES PARTICIPATION.—In instances 

25 in which the United States is participating in any meeting 
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1 of the parties to the North Pacific Fisheries Convention, 

2 the United States shall be represented by the Commis3 sioners and the Advisory Committee. 

4 SEC. 104. AUTHORITY AND RESPONSIBILITY OF THE SEC5 RETARY OF STATE. 

6 The Secretary of State may— 

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

8 United States, reports, requests, recommendations, 

9 proposals, decisions, and other communications of 

10 and to the Commission; 

11 (2) in consultation with the Secretary, act 

12 upon, or refer to other appropriate authority, any 

13 communication under paragraph (1); 

14 (3) with the concurrence of the Secretary, and 

15 in accordance with the provisions of the Convention, 

16 object to any decision of the Commission; and 

17 (4) in the conduct of any program, including 

18 scientific and research programs, under this subtitle, 

19 request and utilize on a reimbursed or non-reim20 bursed basis the assistance, services, personnel, 

21 equipment, and facilities of other Federal depart22 ments and agencies, foreign governments, foreign 

23 agencies, or international intergovernmental organi24 zations. 
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1 SEC. 105. AUTHORITY OF THE SECRETARY OF COMMERCE. 

2 (a) PROMULGATION OF REGULATIONS.— 

3 (1) AUTHORITY.—The Secretary, in consulta4 tion with the Secretary of State and, with respect to 

5 enforcement measures, the Secretary of the depart6 ment in which the Coast Guard is operating, is au7 thorized to promulgate such regulations as may be 

8 necessary to carry out the United States inter9 national obligations under the North Pacific Fish10 eries Convention and this subtitle, including rec11 ommendations and decisions adopted by the Com12 mission. 

13 (2) REGULATIONS OF STRADDLING STOCKS.— 

14 In the implementation of a measure adopted by the 

15 Commission that would govern a straddling stock 

16 under the authority of a Council, any regulation pro17 mulgated by the Secretary to implement such meas18 ure within the exclusive economic zone of the United 

19 States shall be approved by such Council. 

20 (b) RULE OF CONSTRUCTION.—Regulations promul21 gated under subsection (a) shall be applicable only to a 

22 person or a fishing vessel that is or has engaged in fishing 

23 activities, or fisheries resources covered by the North Pa24 cific Fisheries Convention under this subtitle. 

25 (c) ADDITIONAL AUTHORITY.—The Secretary may 

26 conduct, and may request and utilize on a reimbursed or 
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1 non-reimbursed basis the assistance, services, personnel, 

2 equipment, and facilities of other Federal departments 

3 and agencies in— 

4 (1) scientific, research, and other programs 

5 under this subtitle; 

6 (2) fishing operations and biological experi7 ments for purposes of scientific investigation or 

8 other purposes necessary to implement the North 

9 Pacific Fisheries Convention; 

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

11 such information as may be necessary to implement 

12 the North Pacific Fisheries Convention, subject to 

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

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

15 Fishery Conservation and Management Act (16 

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

17 (4) if recommended by the Commissioners, the 

18 assessment and collection of fees, not to exceed 3 

19 percent of the ex-vessel value of fisheries resource 

20 harvested by vessels of the United States in fisheries 

21 conducted in the Convention Area, to recover the ac22 tual costs to the United States of management and 

23 enforcement under this subtitle, which shall be de24 posited as an offsetting collection in, and credited to, 

25 the account providing appropriations to carry out 
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1 the functions of the Secretary under this subtitle; 

2 and 

3 (5) the issuance of permits to owners and oper4 ators of United States vessels to engage in fishing 

5 activities in the Convention Area seaward of the ex6 clusive economic zone of the United States, under 

7 such terms and conditions as the Secretary may pre8 scribe, including the period of time that a permit is 

9 valid. 

10 (d) CONSISTENCY WITH OTHER LAWS.—The Sec11 retary shall ensure the consistency, to the extent prac12 ticable, of fishery management programs administered 

13 under this subtitle, the Magnuson-Stevens Fishery Con14 servation and Management Act (16 U.S.C. 1801 et seq.), 

15 the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 

16 seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 

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

18 1821 note) (relating to Pacific albacore tuna), the West19 ern and Central Pacific Fisheries Convention Implementa20 tion Act (16 U.S.C. 6901 et seq.), the National Oceanic 

21 and Atmospheric Administration Authorization Act of 

22 1992 (Public Law 102–567) and the amendments made 

23 by that Act, and Public Law 100–629 (102 Stat. 3286). 

24 (e) JUDICIAL REVIEW OF REGULATIONS.— 
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1 (1) IN GENERAL.—Regulations promulgated by 

2 the Secretary under this subtitle shall be subject to 

3 judicial review to the extent authorized by, and in 

4 accordance with, chapter 7 of title 5, United States 

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

6 than 30 days after the date on which the regulations 

7 are promulgated. 

8 (2) RESPONSES.—Notwithstanding any other 

9 provision of law, the Secretary shall file a response 

10 to any petition filed in accordance with paragraph 

11 (1), not later than 30 days after the date the Sec12 retary is served with that petition, except that the 

13 appropriate court may extend the period for filing 

14 such a response upon a showing by the Secretary of 

15 good cause for that extension. 

16 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

17 response of the Secretary under paragraph (2) shall 

18 include a copy of the administrative record for the 

19 regulations that are the subject of the petition. 

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

21 the person who files a petition under this subsection, 

22 the appropriate court shall assign the matter for 

23 hearing at the earliest possible date. 
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1 SEC. 106. ENFORCEMENT. 

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

3 of the department in which the Coast Guard is oper4 ating— 

5 (1) shall administer and enforce this subtitle 

6 and any regulations issued under this subtitle; and 

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

8 non-reimbursed basis the assistance, services, per9 sonnel, equipment, and facilities of other Federal de10 partments and agencies in the administration and 

11 enforcement of this subtitle. 

12 (b) SECRETARIAL ACTIONS.—Except as provided 

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

14 the department in which the Coast Guard is operating 

15 shall prevent any person from violating this subtitle in the 

16 same manner, by the same means, and with the same ju17 risdiction, powers, and duties as though sections 308 

18 through 311 of the Magnuson-Stevens Fishery Conserva19 tion and Management Act (16 U.S.C. 1858, 1859, 1860, 

20 1861) were incorporated into and made a part of this sub21 title. Any person that violates any provision of this subtitle 

22 is subject to the penalties and entitled to the privileges 

23 and immunities provided in the Magnuson-Stevens Fish24 ery Conservation and Management Act (16 U.S.C. 1801 

25 et seq.) in the same manner, by the same means, and with 

26 the same jurisdiction, power, and duties as though sec-
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1 tions 308 through 311 of that Act (16 U.S.C. 1858, 1859, 

2 1860, and 1861) were incorporated into and made a part 

3 of this subtitle. 

4 (c) JURISDICTION OF THE COURTS.— 

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

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

7 shall have exclusive jurisdiction over any case or 

8 controversy arising under the provisions of this sub9 title, and any such court may at any time— 

10 (A) enter restraining orders or prohibi11 tions; 

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

13 other process; 

14 (C) prescribe and accept satisfactory bonds 

15 or other security; and 

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

17 interest of justice. 

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

19 the case of Hawaii or any possession of the United 

20 States in the Pacific Ocean, the appropriate court is 

21 the United States District Court for the District of 

22 Hawaii, except that— 

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

24 the appropriate court is the United States Dis25 trict Court for the District of Guam; and 
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1 (B) in the case of the Northern Mariana 

2 Islands, the appropriate court is the United 

3 States District Court for the District of the 

4 Northern Mariana Islands. 

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

6 separate offense and the offense shall be deemed to 

7 have been committed not only in the district where 

8 the violation first occurred, but also in any other 

9 district authorized by law. Any offense not com10 mitted in any district is subject to the venue provi11 sions of section 3238 of title 18, United States 

12 Code. 

13 (d) CONFIDENTIALITY.— 

14 (1) IN GENERAL.—Any information submitted 

15 in compliance with a requirement under this subtitle 

16 to the Secretary or to implement the Convention, in17 cluding information submitted on or before the date 

18 of enactment of the Ensuring Access to Fisheries 

19 Act, shall be confidential and may not be disclosed, 

20 except— 

21 (A) to a Federal employee who is respon22 sible for administering, implementing, or en23 forcing this subtitle; 

24 (B) to the Commission, in accordance with 

25 requirements in the North Pacific Fisheries 
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1 Convention and decisions of the Commission, 

2 and, insofar as possible, in accordance with an 

3 agreement with the Commission that prevents 

4 public disclosure of the identity or business of 

5 any person; 

6 (C) to State, Council, or Marine Fisheries 

7 Commission employees pursuant to an agree8 ment with the Secretary that prevents public 

9 disclosure of the identity or business of any per10 son; 

11 (D) when required by court order; or 

12 (E) when the Secretary has obtained writ13 ten authorization from the person submitting 

14 such information to release such information to 

15 another person for a reason not otherwise pro16 vided for in this paragraph, and such release 

17 does not violate other requirements of this sub18 title. 

19 (2) USE OF INFORMATION.— 

20 (A) IN GENERAL.—Except as provided 

21 under subparagraph (B), the Secretary shall 

22 promulgate regulations regarding the proce23 dures the Secretary considers necessary to pre24 serve the confidentiality of information sub25 mitted under this subtitle. 
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1 (B) EXCEPTION.—The Secretary may re2 lease or make public information submitted 

3 under this subtitle if the information is in any 

4 aggregate or summary form that does not di5 rectly or indirectly disclose the identity or busi6 ness of any person. 

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

8 subsection shall be interpreted or construed to pre9 vent the use for conservation and management pur10 poses by the Secretary of any information submitted 

11 under this subtitle. 

12 SEC. 107. PROHIBITED ACTS. 

13 It is unlawful for any person— 

14 (1) to violate any provision of this subtitle or 

15 any regulation or permit issued pursuant to this 

16 subtitle; 

17 (2) to use any fishing vessel to engage in fish18 ing activities without, or after the revocation or dur19 ing the period of suspension of, an applicable permit 

20 issued pursuant to this subtitle; 

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

22 enforce the provisions of this subtitle to board a 

23 fishing vessel subject to such person’s control for the 

24 purposes of conducting any search, investigation, or 

25 inspection in connection with the enforcement of this 
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1 subtitle or any regulation, permit, or the North Pa2 cific Fisheries Convention; 

3 (4) to assault, resist, oppose, impede, intimi4 date, or interfere with any such authorized officer in 

5 the conduct of any search, investigation, or inspec6 tion in connection with the enforcement of this sub7 title or any regulation, permit, or the North Pacific 

8 Fisheries Convention; 

9 (5) to resist a lawful arrest for any act prohib10 ited by this subtitle or any regulation promulgated 

11 or permit issued under this subtitle; 

12 (6) to ship, transport, offer for sale, sell, pur13 chase, import, export, or have custody, control, or 

14 possession of, any fisheries resources if the person 

15 knew or should have known in the exercise of due 

16 care that the fisheries resources were taken or re17 tained in violation of this subtitle or any regulation 

18 or permit referred to in paragraph (1) or paragraph 

19 (2); 

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

21 means, the apprehension or arrest of another person, 

22 knowing that such other person has committed any 

23 act prohibited by this section; 

24 (8) to submit to the Secretary false information 

25 (including false information regarding the capacity 
28 

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1 and extent to which a United States fish processor, 

2 on an annual basis, will process a portion of the op3 timum yield of a fishery that will be harvested by 

4 fishing vessels of the United States) regarding any 

5 matter that the Secretary is considering in the 

6 course of carrying out this subtitle if the person 

7 knew or should have known in the exercise of due 

8 care that the information was false; 

9 (9) to assault, resist, oppose, impede, intimi10 date, sexually harass, bribe, or interfere with any ob11 server on a vessel under this subtitle, or any data 

12 collector employed by or under contract to any per13 son to carry out responsibilities under this subtitle; 

14 (10) to engage in fishing activities in violation 

15 of any regulation adopted pursuant to this subtitle; 

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

17 returns, statistical records, or other reports required 

18 by regulations adopted pursuant to this subtitle to 

19 be made, kept, or furnished; 

20 (12) to fail to stop a vessel upon being hailed 

21 and instructed to stop by a duly authorized official 

22 of the United States; 

23 (13) to import, in violation of any regulation 

24 adopted pursuant to this subtitle, any fisheries re25 sources in any form of those species subject to regu-
29 

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1 lation pursuant to a recommendation, resolution, or 

2 decision of the Commission, or any fisheries re3 sources in any form not under regulation but under 

4 investigation by the Commission, during the period 

5 such fisheries resources have been denied entry in 

6 accordance with the provisions of this subtitle; 

7 (14) to make or submit any false record, ac8 count, or label for, or any false identification of, any 

9 fisheries resources which have been, or are intended 

10 to be imported, exported, transported, sold, offered 

11 for sale, purchased, or received in interstate or for12 eign commerce; or 

13 (15) to refuse to authorize and accept boarding 

14 by a duly authorized inspector pursuant to proce15 dures adopted by the Commission for the boarding 

16 and inspection of fishing vessels in the Convention 

17 Area. 

18 SEC. 108. COOPERATION IN CARRYING OUT CONVENTION. 

19 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI20 TUTIONS AND ORGANIZATIONS.—The Secretary may co21 operate with departments and agencies of the United 

22 States Government, any public or private institutions or 

23 organizations within the United States or abroad, and, 

24 through the Secretary of State, the duly authorized offi25 cials of the government of any party to the North Pacific 
30 

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1 Fisheries Convention, in carrying out responsibilities 

2 under this subtitle. 

3 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

4 AND PERSONNEL.—Each Federal department and agency 

5 is authorized, upon the request of the Secretary, to cooper6 ate in the conduct of scientific and other programs and 

7 to furnish facilities and personnel for the purpose of as8 sisting the Commission in carrying out its duties under 

9 the North Pacific Fisheries Convention. 

10 (c) SANCTIONED FISHING OPERATIONS AND BIO11 LOGICAL EXPERIMENTS.—Nothing in this subtitle, or in 

12 the laws of any State, prevents the Secretary or the Com13 mission from— 

14 (1) conducting or authorizing the conduct of 

15 fishing operations and biological experiments at any 

16 time for purposes of scientific investigation; or 

17 (2) discharging any other duties prescribed by 

18 the North Pacific Fisheries Convention. 

19 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

20 in this subtitle shall be construed to diminish or to in21 crease the jurisdiction of any State in the territorial sea 

22 of the United States. 

23 SEC. 109. TERRITORIAL PARTICIPATION. 

24 The Secretary of State shall ensure participation in 

25 the Commission and its subsidiary bodies by the Common-
31 

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1 wealth of the Northern Mariana Islands to the same ex2 tent provided to the territories of other nations. 

3 SEC. 110. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

4 Masters of commercial fishing vessels of countries 

5 fishing under the management authority of the North Pa6 cific Fisheries Convention that do not carry vessel moni7 toring systems capable of communicating with United 

8 States enforcement authorities shall, prior to or as soon 

9 as reasonably possible after, entering and transiting the 

10 exclusive economic zone bounded by the Convention 

11 Area— 

12 (1) notify the United States Coast Guard of the 

13 name, flag state, location, route, and destination of 

14 the vessel and of the circumstances under which it 

15 will enter United States waters; 

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

17 vessel is stowed below deck or otherwise removed 

18 from the place it is normally used for fishing activi19 ties and placed where it is not readily available for 

20 fishing activities; and 

21 (3) if requested by an enforcement officer, pro22 ceed to a specified location so that a vessel inspec23 tion can be conducted. 
32 

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1 SEC. 111. AUTHORIZATION OF APPROPRIATIONS. 

2 There is authorized to be appropriated out of funds 

3 made available to the Secretary and the Secretary of State 

4 $500,000 for each of fiscal years 2017 through 2021 to 

5 carry out this subtitle and to pay the United States con6 tribution to the Commission under Article 12 of the North 

7 Pacific Fisheries Convention. 

8 Subtitle B—Miscellaneous 

9 SEC. 121. FUNDING FOR TRAVEL EXPENSES. 

10 (a) NORTH PACIFIC BERING SEA FISHERIES ADVI11 SORY BODY.—Section 5 of the Act entitled ‘‘An Act to 

12 approve the governing international fishery agreement be13 tween the United States and the Union of Soviet Socialist 

14 Republics, and for other purposes’’, approved November 

15 7, 1988 (Public Law 100–629; 16 U.S.C. 1823 note), is 

16 amended by adding at the end the following: 

17 ‘‘(e) TRAVEL EXPENSES.— 

18 ‘‘(1) IN GENERAL.—The Secretary of State 

19 shall pay the necessary travel expenses of the mem20 bers of the advisory body established pursuant to 

21 this section in carrying out their service as such 

22 members in accordance with the Federal Travel Reg23 ulations and sections 5701, 5702, 5704 through 

24 5708, and 5731 of title 5, United States Code. 

25 ‘‘(2) REIMBURSEMENT.—The Secretary of 

26 Commerce may reimburse the Secretary of State for 
33 

†S 1335 ES

1 amounts expended by the Secretary of State under 

2 this subsection.’’. 

3 (b) NORTH PACIFIC ANADROMOUS FISH COMMIS4 SION.— 

5 (1) UNITED STATES COMMISSIONERS.—Section 

6 804 of the North Pacific Anadromous Stocks Act of 

7 1992 (16 U.S.C. 5003) is amended by adding at the 

8 end the following: 

9 ‘‘(e) TRAVEL EXPENSES.— 

10 ‘‘(1) IN GENERAL.—The Secretary shall pay the 

11 necessary travel expenses of the United States Com12 missioners and Alternate United States Commis13 sioners in carrying out the duties of the Commission 

14 in accordance with the Federal Travel Regulations 

15 and sections 5701, 5702, 5704 through 5708, and 

16 5731 of title 5, United States Code. 

17 ‘‘(2) REIMBURSEMENT.—The Secretary of 

18 Commerce may reimburse the Secretary for amounts 

19 expended by the Secretary under this subpara20 graph.’’. 

21 (2) ADVISORY PANEL.—Section 805 of the 

22 North Pacific Anadromous Stocks Act of 1992 (16 

23 U.S.C. 5004) is amended by striking subsection (e) 

24 and inserting the following: 
34 

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

2 Panel shall receive no compensation for their service as 

3 such members. 

4 ‘‘(f) TRAVEL EXPENSES.— 

5 ‘‘(1) IN GENERAL.—The Secretary shall pay the 

6 necessary travel expenses of the members of the Ad7 visory Panel in carrying out their service as such 

8 members in accordance with the Federal Travel Reg9 ulations and sections 5701, 5702, 5704 through 

10 5708, and 5731 of title 5, United States Code. 

11 ‘‘(2) REIMBURSEMENT.—The Secretary of 

12 Commerce may reimburse the Secretary for amounts 

13 expended by the Secretary under this subpara14 graph.’’. 

15 SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAU16 THORIZATION ACT OF 1998. 

17 Section 10 of the National Sea Grant College Pro18 gram Reauthorization Act of 1998 (15 U.S.C. 1541) is 

19 amended by striking ‘‘the United States Coast Guard’’ 

20 each place it appears and inserting ‘‘another Federal 

21 agency’’. 
35 

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1 TITLE II—SOUTH PACIFIC FISH2 ERIES CONVENTION IMPLE3 MENTATION ACT 

4 SEC. 201. SHORT TITLE. 

5 This title may be cited as the ‘‘South Pacific Fish6 eries Convention Implementation Act’’. 

7 SEC. 202. DEFINITIONS. 

8 In this title: 

9 (1) ADVISORY COMMITTEE.—The term ‘‘Advi10 sory Committee’’ means the advisory committee es11 tablished under section 203. 

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

13 means the South Pacific Fisheries Commission es14 tablished under the South Pacific Fisheries Conven15 tion. 

16 (3) COMMISSIONER.—The term ‘‘Commis17 sioner’’ means a United States Commissioner ap18 pointed under section 203. 

19 (4) CONVENTION AREA.—The term ‘‘Conven20 tion Area’’ means— 

21 (A) the waters of the Pacific Ocean beyond 

22 areas of national jurisdiction and in accordance 

23 with international law, bounded by the 10° par24 allel of north latitude and the 20° parallel of 

25 south latitude and by the 135° meridian of east 
36 

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1 longitude and the 150° meridian of west lon2 gitude; and 

3 (B) the waters of the Pacific Ocean beyond 

4 areas of national jurisdiction and in accordance 

5 with international law— 

6 (i) east of a line extending south 

7 along the 120° meridian of east longitude 

8 from the outer limit of the national juris9 diction of Australia off the south coast of 

10 Western Australia to the intersection with 

11 the 55° parallel of south latitude; then due 

12 east along the 55° parallel of south lati13 tude to the intersection with the 150° me14 ridian of east longitude; then due south 

15 along the 150° meridian of east longitude 

16 to the intersection with the 60° parallel of 

17 south latitude; 

18 (ii) north of a line extending east 

19 along the 60° parallel of south latitude 

20 from the 150° meridian of east longitude 

21 to the intersection with the 67° 16′ merid22 ian of west longitude; 

23 (iii) west of a line extending north 

24 along the 67° 16′ meridian of west lon25 gitude from the 60° parallel of south lati-
37 

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1 tude to its intersection with the outer limit 

2 of the national jurisdiction of Chile; then 

3 along the outer limits of the national juris4 dictions of Chile, Peru, Ecuador and Co5 lombia to the intersection with the 2° par6 allel of north latitude; and 

7 (iv) south of a line extending west 

8 along the 2° parallel of north latitude (but 

9 not including the national jurisdiction of 

10 Ecuador (Galapagos Islands)) to the inter11 section with the 150° meridian of west lon12 gitude; then due north along the 150° me13 ridian of west longitude to its intersection 

14 with 10° parallel of north latitude; then 

15 west along the 10° parallel of north lati16 tude to its intersection with the outer lim17 its of the national jurisdiction of the Mar18 shall Islands; and then generally south and 

19 around the outer limits of the national ju20 risdictions of Pacific States and territories, 

21 New Zealand and Australia until it con22 nects to the commencement of the line de23 scribed in clause (i). 
38 

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

2 Western Pacific Regional Fishery Management 

3 Council. 

4 (6) EXCLUSIVE ECONOMIC ZONE OF THE

5 UNITED STATES.—The term ‘‘exclusive economic 

6 zone of the United States’’ means the zone estab7 lished by Presidential Proclamation Numbered 5030 

8 of March 10, 1983 (16 U.S.C. 1453 note), the inner 

9 boundary of which, for purposes of this title, is a 

10 line coterminous with the seaward boundary of each 

11 of the coastal States. 

12 (7) FISHERY RESOURCES.— 

13 (A) IN GENERAL.—The term ‘‘fishery re14 sources’’ means all fish within the Convention 

15 Area. 

16 (B) INCLUSIONS.—The term ‘‘fishery re17 sources’’ includes mollusks, crustaceans, and 

18 other living marine resources, including any 

19 products thereof, as may be decided by the 

20 Commission. 

21 (C) EXCLUSIONS.—The term ‘‘fishery re22 sources’’ does not include— 

23 (i) sedentary species in so far as they 

24 are subject to the national jurisdiction of 
39 

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1 coastal States pursuant to Article 77 para2 graph 4 of the 1982 Convention; 

3 (ii) highly migratory species listed in 

4 Annex I of the 1982 Convention; 

5 (iii) anadromous species; 

6 (iv) catadromous species; 

7 (v) marine mammals; 

8 (vi) marine reptiles; or 

9 (vii) sea birds. 

10 (8) FISHING.— 

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

12 means— 

13 (i) the actual or attempted searching 

14 for, catching, taking, or harvesting of fish15 ery resources; 

16 (ii) engaging in any activity that can 

17 reasonably be expected to result in the lo18 cating, catching, taking, or harvesting of 

19 fishery resources for any purpose; 

20 (iii) transshipment and any operation 

21 at sea in direct support of, or in prepara22 tion for, any activity described in this sub23 paragraph; or 
40 

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1 (iv) the use of any vessel, vehicle, air2 craft, or hovercraft, in relation to any ac3 tivity described in clauses (i) through (iii). 

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

5 does not include any operation related to an 

6 emergency involving the health or safety of a 

7 crew member or the safety of a fishing vessel. 

8 (9) FISHING VESSEL.—The term ‘‘fishing ves9 sel’’ means any vessel used or intended for use for 

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

11 carrier vessel, or any other vessel directly involved in 

12 such fishing operations. 

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

14 Council’s Advisory Panel. 

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

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

17 or national of the United States; 

18 (B) any corporation, partnership, associa19 tion, or other entity, whether or not organized 

20 or existing under the laws of any State; or 

21 (C) any Federal, State, local, tribal, or for22 eign government, or any entity of such govern23 ment. 

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

25 means the Secretary of Commerce. 
41 

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1 (13) SOUTH PACIFIC FISHERIES CONVEN2 TION.—The term ‘‘South Pacific Fisheries Conven3 tion’’ means the Convention on the Conservation and 

4 Management of the High Seas Fishery Resources in 

5 the South Pacific Ocean (including any annexes, 

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

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

8 adopted at Auckland on November 14, 2009. 

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

10 the several States of the United States, the District 

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

12 commonwealth, territory, or possession of the United 

13 States. 

14 (15) STRADDLING STOCK.—The term ‘‘strad15 dling stock’’ means a stock of fishery resources 

16 which migrates between, or occurs in, the exclusive 

17 economic zone of 1 or more parties to the South Pa18 cific Fisheries Convention and the Convention Area. 

19 (16) TRANSSHIPMENT.—The term ‘‘trans20 shipment’’ means the unloading of all or any of the 

21 fishery resources or fishery resources products de22 rived from fishing in the Convention Area on board 

23 a fishing vessel to another fishing vessel either at 

24 sea or in port. 
42 

†S 1335 ES

1 (17) 1982 CONVENTION.—The term ‘‘1982 

2 Convention’’ means the United Nations Convention 

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

4 SEC. 203. APPOINTMENT OF UNITED STATES COMMIS5 SIONERS. 

6 (a) APPOINTMENT.— 

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

8 represented on the Commission by not more than 3 

9 Commissioners. In making each appointment, the 

10 President shall select a Commissioner from among 

11 individuals who are knowledgeable or experienced 

12 concerning fishery resources in the South Pacific 

13 Ocean. 

14 (2) REPRESENTATION.—At least 1 of the Com15 missioners shall be— 

16 (A) serving at the pleasure of the Presi17 dent, an officer or employee of— 

18 (i) the Department of Commerce; 

19 (ii) the Department of State; or 

20 (iii) the United States Coast Guard; 

21 and 

22 (B) the chairperson or designee of the 

23 Council. 

24 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

25 State, in consultation with the Secretary, may designate 
43 

†S 1335 ES

1 from time to time and for periods of time considered ap2 propriate an alternate Commissioner to the Commission. 

3 An alternate Commissioner may exercise all powers and 

4 duties of a Commissioner in the absence of a Commis5 sioner appointed under subsection (a). 

6 (c) ADMINISTRATIVE MATTERS.— 

7 (1) EMPLOYMENT STATUS.—An individual serv8 ing as a Commissioner, or as an alternate Commis9 sioner, other than an officer or employee of the 

10 United States Government, shall not be considered 

11 a Federal employee, except for the purposes of in12 jury compensation or tort claims liability as provided 

13 in chapter 81 of title 5, United States Code and 

14 chapter 171 of title 28, United States Code. 

15 (2) COMPENSATION.—An individual serving as 

16 a Commissioner or an alternate Commissioner, al17 though an officer of the United States while so serv18 ing, shall receive no compensation for the individ19 ual’s services as such Commissioner or alternate 

20 Commissioner. 

21 (3) TRAVEL EXPENSES.— 

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

23 shall pay the necessary travel expenses of a 

24 Commissioner or an alternate Commissioner in 

25 accordance with the Federal Travel Regulations 
44 

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1 and sections 5701, 5702, 5704 through 5708, 

2 and 5731 of title 5, United States Code. 

3 (B) REIMBURSEMENT.—The Secretary 

4 may reimburse the Secretary of State for 

5 amounts expended by the Secretary of State 

6 under this paragraph. 

7 (d) ADVISORY COMMITTEE.— 

8 (1) ESTABLISHMENT OF PERMANENT ADVISORY

9 COMMITTEE.— 

10 (A) MEMBERSHIP.—There is established 

11 an advisory committee which shall be composed 

12 of 7 members appointed by the Secretary as fol13 lows: 

14 (i) A member engaging in commercial 

15 fishing in the management area of the 

16 Council. 

17 (ii) 2 members from the indigenous 

18 population of the Pacific, including a Na19 tive Hawaiian and a native-born inhabitant 

20 of any State in the Pacific. 

21 (iii) A member that is a marine fish22 eries scientist and a member of the Coun23 cil’s Scientific and Statistical Committee. 
45 

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1 (iv) A member representing a non2 governmental organization active in fishery 

3 issues in the Pacific. 

4 (v) A member nominated by the Gov5 ernor of the State of Hawaii. 

6 (vi) A member designated by the 

7 Council. 

8 (B) TERMS AND PRIVILEGES.—Each mem9 ber of the Advisory Committee shall serve for a 

10 term of 2 years and shall be eligible for re11 appointment for not more than 3 consecutive 

12 terms. The Commissioners shall notify the Ad13 visory Committee in advance of each meeting of 

14 the Commissioners. The Advisory Committee 

15 may attend each meeting and may examine and 

16 be heard on all proposed programs, investiga17 tions, reports, recommendations, and regula18 tions of the Commissioners. 

19 (C) PROCEDURES.— 

20 (i) IN GENERAL.—The Advisory Com21 mittee shall determine its organization and 

22 prescribe its practices and procedures for 

23 carrying out its functions under this title, 

24 the South Pacific Fisheries Convention, 

25 and the Magnuson-Stevens Fishery Con-
46 

†S 1335 ES

1 servation and Management Act (16 U.S.C. 

2 1801 et seq.). 

3 (ii) PUBLIC AVAILABILITY OF PROCE4 DURES.—The Advisory Committee shall 

5 publish and make available to the public a 

6 statement of its organization, practices, 

7 and procedures. 

8 (iii) QUORUM.—A majority of the 

9 members of the Advisory Committee shall 

10 constitute a quorum to conduct business. 

11 (iv) PUBLIC MEETINGS.—Meetings of 

12 the Advisory Committee, except when in 

13 executive session, shall be open to the pub14 lic. Prior notice of each non-executive 

15 meeting shall be made public in a timely 

16 fashion. The Advisory Committee shall not 

17 be subject to the Federal Advisory Com18 mittee Act (5 U.S.C. App.). 

19 (D) PROVISION OF INFORMATION.—The 

20 Secretary and the Secretary of State shall fur21 nish the Advisory Committee with relevant in22 formation concerning fishery resources and 

23 international fishery agreements. 

24 (2) ADMINISTRATIVE MATTERS.— 
47 

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1 (A) SUPPORT SERVICES.—The Secretary 

2 shall provide to the Advisory Committee in a 

3 timely manner such administrative and tech4 nical support services as are necessary to func5 tion effectively. 

6 (B) COMPENSATION; STATUS; EX7 PENSES.—An individual appointed to serve as a 

8 member of the Advisory Committee— 

9 (i) shall serve without pay; and 

10 (ii) shall not be considered a Federal 

11 employee, except for the purposes of injury 

12 compensation or tort claims liability as 

13 provided in chapter 81 of title 5, United 

14 States Code, and chapter 171 of title 28, 

15 United States Code. 

16 (e) MEMORANDUM OF UNDERSTANDING.—For fish17 ery resources in the Convention Area, the Secretary, in 

18 coordination with the Secretary of State, shall develop a 

19 memorandum of understanding with the Council that 

20 clarifies the role of the Council with respect to— 

21 (1) participation in United States delegations to 

22 international fishery organizations in the Pacific 

23 Ocean, including government-to-government con24 sultations; 
48 

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1 (2) providing formal recommendations to the 

2 Secretary and the Secretary of State regarding nec3 essary measures for both domestic and foreign fish4 ing vessels; 

5 (3) coordinating positions with the United 

6 States delegation for presentation to the appropriate 

7 international fishery organization; and 

8 (4) recommending those domestic fishing regu9 lations that are consistent with the actions of the 

10 international fishery organization, for approval and 

11 implementation under the Magnuson-Stevens Fish12 ery Conservation and Management Act (16 U.S.C. 

13 1801 et seq.). 

14 SEC. 204. AUTHORITY AND RESPONSIBILITY OF THE SEC15 RETARY OF STATE. 

16 The Secretary of State may— 

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

18 United States, reports, requests, recommendations, 

19 proposals, decisions, and other communications of 

20 and to the Commission; 

21 (2) in consultation with the Secretary, act 

22 upon, or refer to other appropriate authority, any 

23 communication under paragraph (1); 
49 

†S 1335 ES

1 (3) with the concurrence of the Secretary, and 

2 in accordance with the provisions of the Convention, 

3 object to any decision of the Commission; and 

4 (4) in the conduct of any program, including 

5 scientific and research programs, under this title, re6 quest and utilize on a reimbursed or non-reimbursed 

7 basis the assistance, services, personnel, equipment, 

8 and facilities of other Federal departments and 

9 agencies, foreign governments, foreign agencies, or 

10 international intergovernmental organizations. 

11 SEC. 205. AUTHORITY OF THE SECRETARY OF COMMERCE. 

12 (a) PROMULGATION OF REGULATIONS.— 

13 (1) AUTHORITY.—The Secretary, in consulta14 tion with the Secretary of State and, with respect to 

15 enforcement measures, the Secretary of the depart16 ment in which the Coast Guard is operating, is au17 thorized to promulgate such regulations as may be 

18 necessary to carry out United States international 

19 obligations under the South Pacific Fisheries Con20 vention and this title, including recommendations 

21 and decisions adopted by the Commission. 

22 (2) REGULATIONS OF STRADDLING STOCKS.—If 

23 the Secretary has discretion in the implementation 

24 of 1 or more measures adopted by the Commission 

25 that would govern a straddling stock under the au-
50 

†S 1335 ES

1 thority of the Council, the Secretary shall promul2 gate, to the extent practicable within the implemen3 tation schedule of the South Pacific Fisheries Con4 vention and any recommendations and decisions 

5 adopted by the Commission, such regulations in ac6 cordance with the procedures established by the 

7 Magnuson-Stevens Fishery Conservation and Man8 agement Act (16 U.S.C. 1801 et seq.). 

9 (b) RULE OF CONSTRUCTION.—Regulations promul10 gated under subsection (a) shall be applicable only to a 

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

12 or fishery resources covered by the South Pacific Fisheries 

13 Convention under this title. 

14 (c) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

17 equipment, and facilities of other Federal departments 

18 and agencies in— 

19 (1) scientific, research, and other programs 

20 under this title; 

21 (2) fishing operations and biological experi22 ments for purposes of scientific investigation or 

23 other purposes necessary to implement the South 

24 Pacific Fisheries Convention; 
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1 (3) the collection, utilization, and disclosure of 

2 such information as may be necessary to implement 

3 the South Pacific Fisheries Convention, subject to 

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

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

6 Fishery Conservation and Management Act (16 

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

8 (4) if recommended by the Commissioners, the 

9 assessment and collection of fees, not to exceed 3 

10 percent of the ex-vessel value of fishery resources 

11 harvested by vessels of the United States in fisheries 

12 conducted in the Convention Area, to recover the ac13 tual costs to the United States of management and 

14 enforcement under this title, which shall be depos15 ited as an offsetting collection in, and credited to, 

16 the account providing appropriations to carry out 

17 the functions of the Secretary under this title; and 

18 (5) the issuance of permits to owners and oper19 ators of United States vessels to engage in fishing 

20 in the Convention Area seaward of the exclusive eco21 nomic zone of the United States, under such terms 

22 and conditions as the Secretary may prescribe, in23 cluding the period of time that a permit is valid. 

24 (d) CONSISTENCY WITH OTHER LAWS.—The Sec25 retary shall ensure the consistency, to the extent prac-
52 

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1 ticable, of fishery management programs administered 

2 under this title, the Magnuson-Stevens Fishery Conserva3 tion and Management Act (16 U.S.C. 1801 et seq.), the 

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

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

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

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

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

9 and the Western and Central Pacific Fisheries Convention 

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

11 (e) JUDICIAL REVIEW OF REGULATIONS.— 

12 (1) IN GENERAL.—Regulations promulgated by 

13 the Secretary under this title shall be subject to ju14 dicial review to the extent authorized by, and in ac15 cordance with, chapter 7 of title 5, United States 

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

17 than 30 days after the date on which the regulations 

18 are promulgated. 

19 (2) RESPONSES.—Notwithstanding any other 

20 provision of law, the Secretary shall file a response 

21 to any petition filed in accordance with paragraph 

22 (1), not later than 30 days after the date the Sec23 retary is served with that petition, except that the 

24 appropriate court may extend the period for filing 
53 

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1 such a response upon a showing by the Secretary of 

2 good cause for that extension. 

3 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

4 response of the Secretary under paragraph (2) shall 

5 include a copy of the administrative record for the 

6 regulations that are the subject of the petition. 

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

8 the person who files a petition under this subsection, 

9 the appropriate court shall assign the matter for 

10 hearing at the earliest possible date. 

11 SEC. 206. ENFORCEMENT. 

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

13 of the department in which the Coast Guard is oper14 ating— 

15 (1) shall administer and enforce this title and 

16 any regulations issued under this title; and 

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

18 non-reimbursed basis the assistance, services, per19 sonnel, equipment, and facilities of other Federal de20 partments and agencies in the administration and 

21 enforcement of this title. 

22 (b) SECRETARIAL ACTIONS.—Except as provided 

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

24 the department in which the Coast Guard is operating 

25 shall prevent any person from violating this title in the 
54 

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1 same manner, by the same means, and with the same ju2 risdiction, powers, and duties as though sections 308 

3 through 311 of the Magnuson-Stevens Fishery Conserva4 tion and Management Act (16 U.S.C. 1858, 1859, 1860, 

5 1861) were incorporated into and made a part of this title. 

6 Any person that violates any provision of this title is sub7 ject to the penalties and entitled to the privileges and im8 munities provided in the Magnuson-Stevens Fishery Con9 servation and Management Act (16 U.S.C. 1801 et seq.) 

10 in the same manner, by the same means, and with the 

11 same jurisdiction, power, and duties as though sections 

12 308 through 311 of that Act (16 U.S.C. 1858, 1859, 

13 1860, 1861) were incorporated into and made a part of 

14 this title. 

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 title, 

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 in compliance with a requirement under this title to 

3 the Secretary or to implement the Convention, in4 cluding information submitted on or before the date 

5 of enactment of the Ensuring Access to Fisheries 

6 Act, shall be confidential and may not be disclosed, 

7 except— 

8 (A) to a Federal employee who is respon9 sible for administering, implementing, or en10 forcing this title; 

11 (B) to the Commission, in accordance with 

12 requirements in the South Pacific Fisheries 

13 Convention and decisions of the Commission, 

14 and, insofar as possible, in accordance with an 

15 agreement with the Commission that prevents 

16 public disclosure of the identity or business of 

17 any person; 

18 (C) to a State or Council employee pursu19 ant to an agreement with the Secretary that 

20 prevents public disclosure of the identity or 

21 business of any person; 

22 (D) when required by court order; or 

23 (E) when the Secretary has obtained writ24 ten authorization from the person submitting 

25 such information to release such information to 
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1 another person for a reason not otherwise pro2 vided for in this paragraph, and such release 

3 does not violate other requirements of this title. 

4 (2) USE OF INFORMATION.— 

5 (A) IN GENERAL.—Except as provided 

6 under subparagraph (B), the Secretary shall 

7 promulgate regulations regarding the proce8 dures the Secretary considers necessary to pre9 serve the confidentiality of information under 

10 this title. 

11 (B) EXCEPTION.—The Secretary may re12 lease or make public information submitted 

13 under this title if the information is in any ag14 gregate or summary form that does not directly 

15 or indirectly disclose the identity or business of 

16 any person. 

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

18 subsection shall be interpreted or construed to pre19 vent the use for conservation and management pur20 poses by the Secretary of any information submitted 

21 under this title. 

22 SEC. 207. PROHIBITED ACTS. 

23 It is unlawful for any person— 

24 (1) to violate any provision of this title or any 

25 regulation or permit issued under this title; 
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1 (2) to use any fishing vessel to engage in fish2 ing without, or after the revocation or during the pe3 riod of suspension of, an applicable permit issued 

4 under this title; 

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

6 enforce the provisions of this title to board a fishing 

7 vessel subject to such person’s control for the pur8 poses of conducting any search, investigation, or in9 spection in connection with the enforcement of this 

10 title or the South Pacific Fisheries Convention; 

11 (4) to assault, resist, oppose, impede, intimi12 date, or interfere with any such authorized officer in 

13 the conduct of any search, investigation, or inspec14 tion in connection with the enforcement of this title 

15 or the South Pacific Fisheries Convention; 

16 (5) to resist a lawful arrest for any act prohib17 ited by this title or any regulation promulgated or 

18 permit issued under this title; 

19 (6) to ship, transport, offer for sale, sell, pur20 chase, import, export, or have custody, control, or 

21 possession of any fisheries resources if the person 

22 knew or should have known in the exercise of due 

23 care that the fisheries resources were taken or re24 tained in violation of this title or any regulation or 
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1 permit referred to in paragraph (1) or paragraph 

2 (2); 

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

4 means, the apprehension or arrest of another person, 

5 knowing that such other person has committed any 

6 act prohibited by this section; 

7 (8) to submit to the Secretary false information 

8 (including false information regarding the capacity 

9 and extent to which a United States fish processor, 

10 on an annual basis, will process a portion of the op11 timum yield of a fishery that will be harvested by 

12 fishing vessels of the United States) regarding any 

13 matter that the Secretary is considering in the 

14 course of carrying out this title if the person knew 

15 or should have known in the exercise of due care 

16 that the information was false; 

17 (9) to assault, resist, oppose, impede, intimi18 date, sexually harass, bribe, or interfere with any ob19 server on a vessel under this title, or any data col20 lector employed by or under contract to any person 

21 to carry out responsibilities under this title; 

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

23 regulation adopted under this title; 
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1 (11) 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 title; 

4 (12) 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 (13) to import, in violation of any regulation 

8 promulgated under this title, any fishery resources 

9 in any form of those species subject to regulation 

10 pursuant to a recommendation, resolution, or deci11 sion of the Commission, or any fishery resources in 

12 any form not under regulation but under investiga13 tion by the Commission, during the period the fish14 ery resources have been denied entry in accordance 

15 with the provisions of this title; 

16 (14) 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 (15) 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. 208. COOPERATION IN CARRYING OUT CONVENTION. 

4 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI5 TUTIONS AND ORGANIZATIONS.—The Secretary may co6 operate with departments and agencies of the United 

7 States Government, any public or private institutions or 

8 organizations within the United States or abroad, and, 

9 through the Secretary of State, the duly authorized offi10 cials of the government of any party to the South Pacific 

11 Fisheries Convention, in carrying out responsibilities 

12 under this title. 

13 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

14 AND PERSONNEL.—Each Federal department and agency 

15 is authorized, upon the request of the Secretary, to cooper16 ate in the conduct of scientific and other programs and 

17 to furnish facilities and personnel for the purpose of as18 sisting the Commission in carrying out its duties under 

19 the South Pacific Fisheries Convention. 

20 (c) SANCTIONED FISHING OPERATIONS AND BIO21 LOGICAL EXPERIMENTS.—Nothing in this title, or in the 

22 laws of any State, prevents the Secretary or the Commis23 sion from— 
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1 (1) conducting or authorizing the conduct of 

2 fishing operations and biological experiments at any 

3 time for purposes of scientific investigation; or 

4 (2) discharging any other duties prescribed by 

5 the South Pacific Fisheries Convention. 

6 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

7 in this title shall be construed to diminish or to increase 

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

9 United States. 

10 SEC. 209. TERRITORIAL PARTICIPATION. 

11 The Secretary of State shall ensure participation in 

12 the Commission and its subsidiary bodies by American 

13 Samoa, Guam, and the Commonwealth of the Northern 

14 Mariana Islands to the same extent provided to the terri15 tories of other nations. 

16 SEC. 210. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

17 Masters of commercial fishing vessels of nations fish18 ing under the management authority of the South Pacific 

19 Fisheries Convention that do not carry vessel monitoring 

20 systems capable of communicating with United States en21 forcement authorities shall, prior to, or as soon as reason22 ably possible after, entering and transiting the exclusive 

23 economic zone of the United States seaward of the Con24 vention Area— 
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1 (1) notify the United States Coast Guard of the 

2 name, flag state, location, route, and destination of 

3 the vessel and of the circumstances under which it 

4 will enter the exclusive economic zone of the United 

5 States seaward of the Convention Area; 

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

7 vessel is stowed below deck or otherwise removed 

8 from the place it is normally used for fishing and 

9 placed where it is not readily available for fishing; 

10 and 

11 (3) if requested by an enforcement officer, pro12 ceed to a specified location so that a vessel inspec13 tion can be conducted. 

14 SEC. 211. AUTHORIZATION OF APPROPRIATIONS. 

15 (a) IN GENERAL.—There is authorized to be appro16 priated out of funds made available to the Secretary and 

17 the Secretary of State $500,000 for each of fiscal years 

18 2017 through 2021 to carry out this title and to pay the 

19 United States contribution to the Commission under Arti20 cle 15 of the South Pacific Fisheries Convention. 

21 (b) INTERNATIONAL COOPERATION AND ASSIST22 ANCE.— 

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

24 available appropriations and consistent with applica25 ble law, the Secretary or the Secretary of State shall 
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1 provide appropriate assistance, including grants, to 

2 developing nations and international organizations of 

3 which such nations are members to assist those na4 tions in meeting their obligations under the South 

5 Pacific Fisheries Convention. 

6 (2) TRANSFER OF FUNDS.—Subject to the lim7 its of available appropriations and consistent with 

8 other applicable law, the Secretary and the Secretary 

9 of State are authorized to transfer funds to any for10 eign government, international, non-governmental, 

11 or international organization, including the Commis12 sion, for purposes of carrying out the international 

13 responsibilities under paragraph (1). 

14 TITLE III—NORTHWEST ATLAN15 TIC FISHERIES CONVENTION 

16 AMENDMENTS ACT 

17 SEC. 301. SHORT TITLE; REFERENCES TO THE NORTHWEST 

18 ATLANTIC FISHERIES CONVENTION ACT OF 

19 1995. 

20 (a) SHORT TITLE.—This title may be cited as the 

21 ‘‘Northwest Atlantic Fisheries Convention Amendments 

22 Act’’. 

23 (b) REFERENCES TO THE NORTHWEST ATLANTIC

24 FISHERIES CONVENTION ACT OF 1995.—Except as other25 wise expressly provided, whenever in this title an amend-
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1 ment or repeal is expressed in terms of an amendment 

2 to, or repeal of, a section or other provision, the reference 

3 shall be considered to be made to a section or other provi4 sion of the Northwest Atlantic Fisheries Convention Act 

5 of 1995 (16 U.S.C. 5601 et seq.). 

6 SEC. 302. REPRESENTATION OF THE UNITED STATES 

7 UNDER CONVENTION. 

8 Section 202 (16 U.S.C. 5601) is amended— 

9 (1) in subsection (a)(1), by striking ‘‘General 

10 Council and the Fisheries’’; 

11 (2) in subsection (b)(1), by striking ‘‘at a meet12 ing of the General Council or the Fisheries Commis13 sion’’; 

14 (3) in subsection (b)(2), by striking ‘‘, at any 

15 meeting of the General Council or the Fisheries 

16 Commission for which the Alternate Commissioner is 

17 designated’’; 

18 (4) in subsection (d)(1), by striking ‘‘at a meet19 ing of the Scientific Council’’; 

20 (5) in subsection (d)(2), by striking ‘‘, at any 

21 meeting of the Scientific Council for which the Alter22 native Representative is designated’’; and 

23 (6) in subsection (f)(1)(A), by striking ‘‘Magnu24 son Act’’ and inserting ‘‘Magnuson-Stevens Fishery 

25 Conservation and Management Act’’. 
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1 SEC. 303. REQUESTS FOR SCIENTIFIC ADVICE. 

2 Section 203 (16 U.S.C. 5602) is amended— 

3 (1) in subsection (a)— 

4 (A) by striking ‘‘The Representatives may’’ 

5 and inserting ‘‘A Representative may’’; 

6 (B) by striking ‘‘described in subsection 

7 (b)(1) or (2)’’ and inserting ‘‘described in para8 graph (1) or (2) of subsection (b)’’; and 

9 (C) by striking ‘‘the Representatives have’’ 

10 and inserting ‘‘the Representative has’’; 

11 (2) by striking ‘‘VII(1)’’ each place it appears 

12 and inserting ‘‘VII(10)(b)’’; and 

13 (3) in subsection (b)(2), by striking ‘‘VIII(2)’’ 

14 and inserting ‘‘VII(11)’’. 

15 SEC. 304. AUTHORITIES OF SECRETARY OF STATE WITH RE16 SPECT TO CONVENTION. 

17 Section 204 (16 U.S.C. 5603) is amended by striking 

18 ‘‘Fisheries Commission’’ each place it appears and insert19 ing ‘‘Commission consistent with the procedures detailed 

20 in Articles XIV and XV of the Convention’’. 

21 SEC. 305. INTERAGENCY COOPERATION. 

22 Section 205(a) (16 U.S.C. 5604(a)) is amended to 

23 read as follows: 

24 ‘‘(a) AUTHORITIES OF THE SECRETARY.—In car25 rying out the provisions of the Convention and this title, 

26 the Secretary may arrange for cooperation with— 
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1 ‘‘(1) any department, agency, or instrumen2 tality of the United States; 

3 ‘‘(2) a State; 

4 ‘‘(3) a Council; or 

5 ‘‘(4) a private institution or an organization.’’. 

6 SEC. 306. PROHIBITED ACTS AND PENALTIES. 

7 Section 207 (16 U.S.C. 5606) is amended— 

8 (1) by striking ‘‘Magnuson Act’’ each place it 

9 appears and inserting ‘‘Magnuson-Stevens Fishery 

10 Conservation and Management Act’’; and 

11 (2) by striking ‘‘fish’’ each place it appears and 

12 inserting ‘‘fishery resources’’. 

13 SEC. 307. CONSULTATIVE COMMITTEE. 

14 Section 208 (16 U.S.C. 5607) is amended— 

15 (1) in subsection (b)(2), by striking ‘‘two’’ and 

16 inserting ‘‘2’’; and 

17 (2) in subsection (c), by striking ‘‘General 

18 Council or the Fisheries’’ each place it appears. 

19 SEC. 308. DEFINITIONS. 

20 Section 210 (16 U.S.C. 5609) is amended to read as 

21 follows: 

22 ‘‘SEC. 210. DEFINITIONS. 

23 ‘‘In this title: 
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1 ‘‘(1) 1982 CONVENTION.—The term ‘1982 Con2 vention’ means the United Nations Convention on 

3 the Law of the Sea of 10 December 1982. 

4 ‘‘(2) AUTHORIZED ENFORCEMENT OFFICER.— 

5 The term ‘authorized enforcement officer’ means a 

6 person authorized to enforce this title, any regula7 tion issued under this title, or any measure that is 

8 legally binding on the United States under the Con9 vention. 

10 ‘‘(3) COMMISSION.—The term ‘Commission’ 

11 means the body provided for by Articles V, VI, XIII, 

12 XIV, and XV of the Convention. 

13 ‘‘(4) COMMISSIONER.—The term ‘Commis14 sioner’ means a United States Commissioner to the 

15 Northwest Atlantic Fisheries Organization appointed 

16 under section 202. 

17 ‘‘(5) CONVENTION.—The term ‘Convention’ 

18 means the Convention on Future Multilateral Co19 operation in the Northwest Atlantic Fisheries, done 

20 at Ottawa on October 24, 1978, and as amended on 

21 September 28, 2007. 

22 ‘‘(6) CONVENTION AREA.—The term ‘Conven23 tion Area’ means the waters of the Northwest Atlan24 tic Ocean north of 35°00′ N and west of a line ex25 tending due north from 35°00′ N and 42°00′ W to 
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1 59°00′ N, thence due west to 44°00′ W, and thence 

2 due north to the coast of Greenland, and the waters 

3 of the Gulf of St. Lawrence, Davis Strait and Baffin 

4 Bay south of 78°10′ N. 

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

6 New England Fishery Management Council or the 

7 Mid-Atlantic Fishery Management Council. 

8 ‘‘(8) FISHERY RESOURCES.— 

9 ‘‘(A) IN GENERAL.—The term ‘fishery re10 sources’ means all fish, mollusks, and crusta11 ceans, including any products thereof, within 

12 the Convention Area. 

13 ‘‘(B) EXCLUSIONS.—The term ‘fishery re14 sources’ does not include— 

15 ‘‘(i) sedentary species over which 

16 coastal States may exercise sovereign 

17 rights consistent with Article 77 of the 

18 1982 Convention; or 

19 ‘‘(ii) in so far as they are managed 

20 under other international treaties, anad21 romous and catadromous stocks and highly 

22 migratory species listed in Annex I of the 

23 1982 Convention. 

24 ‘‘(9) FISHING ACTIVITIES.— 
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1 ‘‘(A) IN GENERAL.—The term ‘fishing ac2 tivities’ means harvesting or processing fishery 

3 resources, or transhipping of fishery resources 

4 or products derived from fishery resources, or 

5 any other activity in preparation for, in support 

6 of, or related to the harvesting of fishery re7 sources. 

8 ‘‘(B) INCLUSIONS.—The term ‘fishing ac9 tivities’ includes— 

10 ‘‘(i) the actual or attempted searching 

11 for or catching or taking of fishery re12 sources; 

13 ‘‘(ii) any activity that can reasonably 

14 be expected to result in locating, catching, 

15 taking, or harvesting of fishery resources 

16 for any purpose; and 

17 ‘‘(iii) any operation at sea in support 

18 of, or in preparation for, any activity de19 scribed in this paragraph. 

20 ‘‘(C) EXCLUSIONS.—The term ‘fishing ac21 tivities’ does not include any operation related 

22 to emergencies involving the health and safety 

23 of crew members or the safety of a vessel. 

24 ‘‘(10) FISHING VESSEL.— 
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1 ‘‘(A) IN GENERAL.—The term ‘fishing ves2 sel’ means a vessel that is or has been engaged 

3 in fishing activities. 

4 ‘‘(B) INCLUSIONS.—The term ‘fishing ves5 sel’ includes a fish processing vessel or a vessel 

6 engaged in transshipment or any other activity 

7 in preparation for or related to fishing activi8 ties, or in experimental or exploratory fishing 

9 activities. 

10 ‘‘(11) ORGANIZATION.—The term ‘Organiza11 tion’ means the Northwest Atlantic Fisheries Orga12 nization provided for by Article V of the Convention. 

13 ‘‘(12) PERSON.—The term ‘person’ means any 

14 individual (whether or not a citizen or national of 

15 the United States), and any corporation, partner16 ship, association, or other entity (whether or not or17 ganized or existing under the laws of any State). 

18 ‘‘(13) REPRESENTATIVE.—The term ‘Rep19 resentative’ means a United States Representative to 

20 the Northwest Atlantic Fisheries Scientific Council 

21 appointed under section 202. 

22 ‘‘(14) SCIENTIFIC COUNCIL.—The term ‘Sci23 entific Council’ means the Scientific Council pro24 vided for by Articles V, VI, and VII of the Conven25 tion. 
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1 ‘‘(15) SECRETARY.—The term ‘Secretary’ 

2 means the Secretary of Commerce. 

3 ‘‘(16) STATE.—The term ‘State’ means each of 

4 the several States of the United States, the District 

5 of Columbia, and any other commonwealth, terri6 tory, or possession of the United States. 

7 ‘‘(17) TRANSSHIPMENT.—The term ‘trans8 shipment’ means the unloading of all or any of the 

9 fishery resources on board a fishing vessel to an10 other fishing vessel either at sea or in port.’’. 

11 SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 

12 Section 211 (16 U.S.C. 5610) is amended to read as 

13 follows: 

14 ‘‘SEC. 211. CONTRIBUTIONS TO ORGANIZATION. 

15 ‘‘There is authorized to be appropriated out of funds 

16 made available to the Secretary and the Secretary of State 

17 $500,000 for each of fiscal years 2017 through 2021 to 

18 carry out this title and to pay the United States contribu19 tion to the Organization as provided in Article IX of the 

20 Convention.’’. 
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1 SEC. 310. QUOTA ALLOCATION PRACTICE. 

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

Passed the Senate May 17, 2016. 

Attest: 

Secretary. 
114TH CONGRESS 

2D SESSION S. 1335 

AN ACT 

To implement the Convention on the Conservation 

purposes. at Tokyo on February 24, 2012, and for other sources in the North Pacific Ocean, as adopted and Management of the High Seas Fisheries Re-