II 

Calendar No. 405 

114TH CONGRESS 

2D SESSION S. 1335 

[Report No. 114–233] 

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. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2015 

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

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

Science, and Transportation 

MARCH 28, 2016 

Reported, under authority of the order of the Senate of March 17, 2016, by 

Mr. THUNE, without amendment 

A BILL 

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. 

2 This Act may be cited as the ‘‘North 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 North Pacific Fisheries Commission es11 tablished pursuant to the North Pacific Fisheries 

12 Convention. 

13 (3) COMMISSIONER.—The term ‘‘Commis14 sioner’’ means a United States Commissioner ap15 pointed under section 3. 

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

18 (A) means the waters of the high seas 

19 areas of the North Pacific Ocean; and 

20 (B) excludes— 

21 (i) the high seas areas of the Bering 

22 Sea and other high seas areas that are 

23 surrounded by the exclusive economic zone 

24 of a single nation, which are bounded to 

25 the south by a continuous line beginning at 

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1 risdiction of the United States around the 

2 Commonwealth of the Northern Mariana 

3 Islands at 20 degrees North latitude, then 

4 proceeding East and connecting the coordi5 nates: 20°00′00′′, 180°00′00′′E/W; 

6 10°00′00′′N 180°00′00′′E/W; 10°00′00′′N, 

7 140°00′00′′W; 20°00′00′′N, 140°00′00′′W; 

8 and thence East to the seaward limit of 

9 waters under the fisheries jurisdiction of 

10 Mexico; and 

11 (ii) the exclusive economic zone of the 

12 United States or of any other country. 

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

14 North Pacific Fishery Management Council, the Pa15 cific Fishery Management Council, or the Western 

16 Pacific Fishery Management Council established 

17 under section 302 of the Magnuson-Stevens Fishery 

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

19 1852). 

20 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

21 ‘‘exclusive economic zone’’ means— 

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

23 zone established by Presidential Proclamation 

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

25 1453 note); and 


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

2 designated zone similar to the zone referred to 

3 in subparagraph (A) for that country. 

4 (7) FISHERIES RESOURCES.— 

5 (A) IN GENERAL.—The term ‘‘fisheries re6 sources’’ means all fish, mollusks, crustaceans, 

7 and other marine species caught by a fishing 

8 vessel within the Convention Area. 

9 (B) EXCLUSIONS.—The term ‘‘fisheries re10 sources’’ does not include— 

11 (i) sedentary species insofar as they 

12 are subject to the sovereign rights of coast13 al nations consistent with Article 77, para14 graph 4 of the 1982 Convention and indi15 cator species of vulnerable marine eco16 systems as listed in, or adopted pursuant 

17 to, Article 13, paragraph 5 of the North 

18 Pacific Fisheries Convention; 

19 (ii) catadromous species; 

20 (iii) marine mammals, marine reptiles, 

21 or seabirds; or 

22 (iv) other marine species already cov23 ered by pre-existing international fisheries 

24 management instruments within the area 

25 of competence of such instruments. 


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1 (8) FISHING ACTIVITIES.— 

2 (A) IN GENERAL.—The term ‘‘fishing ac3 tivities’’ means— 

4 (i) the actual or attempted searching 

5 for, catching, taking, or harvesting of fish6 eries resources; 

7 (ii) engaging in any activity that can 

8 reasonably be expected to result in the lo9 cating, catching, taking, or harvesting of 

10 fisheries resources for any purpose; 

11 (iii) the processing of fisheries re12 sources at sea; 

13 (iv) the transhipment of fisheries re14 sources at sea or in port; or 

15 (v) any operation at sea in direct sup16 port of, or in preparation for, any activity 

17 described in clauses (i) through (iv), in18 cluding transshipment. 

19 (B) EXCLUSIONS.—The term ‘‘fishing ac20 tivities’’ does not include any operation related 

21 to an emergency involving the health or safety 

22 of a crew member or the safety of a fishing ves23 sel. 

24 (9) FISHING VESSEL.—The term ‘‘fishing ves25 sel’’ means any vessel used or intended for use for 


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1 the purpose of engaging in fishing activities, includ2 ing a processing vessel, a support ship, a carrier ves3 sel, or any other vessel directly engaged in such fish4 ing activities. 

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

6 not include an area that is within the exclusive eco7 nomic zone of the United States or of any other 

8 country. 

9 (11) NORTH PACIFIC FISHERIES CONVEN10 TION.—The term ‘‘North Pacific Fisheries Conven11 tion’’ means the Convention on the Conservation and 

12 Management of the High Seas Fisheries Resources 

13 in the North Pacific Ocean (including any annexes, 

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

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

16 adopted at Tokyo on February 24, 2012. 

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

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

19 or national of the United States; 

20 (B) any corporation, partnership, associa21 tion, or other entity, whether or not organized 

22 or existing under the laws of any State; or 

23 (C) any Federal, State, local, tribal, or for24 eign government or any entity of such govern25 ment. 


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1 (13) SECRETARY.—Except as otherwise specifi2 cally provided, the term ‘‘Secretary’’ means the Sec3 retary of Commerce. 

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

5 the several States of the United States, the District 

6 of Columbia, the Commonwealth of the Northern 

7 Mariana Islands, and any other commonwealth, ter8 ritory, or possession of the United States. 

9 (15) STRADDLING STOCK.—The term ‘‘strad10 dling stock’’ means a stock of fisheries resources 

11 which migrates between, or occurs in, the economic 

12 exclusion zone of 1 or more parties to the Conven13 tion and the Convention Area. 

14 (16) TRANSSHIPMENT.—The term ‘‘trans15 shipment’’ means the unloading of any fisheries re16 sources taken in the Convention Area from 1 fishing 

17 vessel to another fishing vessel either at sea or in 

18 port. 

19 (17) 1982 CONVENTION.—The term ‘‘1982 

20 Convention’’ means the United Nations Convention 

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

22 SEC. 3. UNITED STATES PARTICIPATION IN THE NORTH PA23 CIFIC FISHERIES CONVENTION. 

24 (a) UNITED STATES COMMISSIONERS.— 


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1 (1) NUMBER OF COMMISSIONERS.—The United 

2 States shall be represented on the Commission by 5 

3 United States Commissioners. 

4 (2) SELECTION OF COMMISSIONERS.—The 

5 United States Commissioners shall be as follows: 

6 (A) APPOINTMENT BY THE PRESIDENT.— 

7 (i) IN GENERAL.—Two of the Com8 missioners shall be appointed by the Presi9 dent and shall be an officer or employee 

10 of— 

11 (I) the Department of Commerce; 

12 (II) the Department of State; or 

13 (III) the United States Coast 

14 Guard. 

15 (ii) SELECTION CRITERIA.—In making 

16 each appointment under clause (i), the 

17 President shall select a Commissioner from 

18 among individuals who are knowledgeable 

19 or experienced concerning fisheries re20 sources in the North Pacific Ocean. 

21 (B) NORTH PACIFIC FISHERY MANAGE22 MENT COUNCIL.—One Commissioner shall be 

23 the chairperson of the North Pacific Fishery 

24 Management Council or a designee of such 

25 chairperson. 


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1 (C) PACIFIC FISHERY MANAGEMENT COUN2 CIL.—One Commissioner shall be the chair3 person of the Pacific Fishery Management 

4 Council or a designee of such chairperson. 

5 (D) WESTERN PACIFIC FISHERY MANAGE6 MENT COUNCIL.—One Commissioner shall be 

7 the chairperson of the Western Pacific Fishery 

8 Management Council or a designee of such 

9 chairperson. 

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

11 vacancy in a Commissioner appointed under subsection 

12 (a), the Secretary of State, in consultation with the Sec13 retary, may designate from time to time and for periods 

14 of time considered appropriate an alternate Commissioner 

15 to the Commission. An alternate Commissioner may exer16 cise all powers and duties of a Commissioner in the ab17 sence of a Commissioner appointed under subsection (a), 

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

19 Commissioner for which designated. 

20 (c) ADMINISTRATIVE MATTERS.— 

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

24 United States Government, shall not be considered 

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1 jury compensation or tort claims liability as provided 

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

3 chapter 171 of 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 11 members appointed by the Secretary, in2 cluding— 

3 (i) a member engaging in commercial 

4 fishing activities in the management area 

5 of the North Pacific Fishery Management 

6 Council; 

7 (ii) a member engaging in commercial 

8 fishing activities in the management area 

9 of the Pacific Fishery Management Coun10 cil; 

11 (iii) a member engaging in commercial 

12 fishing activities in the management area 

13 of the Western Pacific Fishery Manage14 ment Council; 

15 (iv) 3 members from the indigenous 

16 population of the North Pacific including 

17 an Alaska Native, Native Hawaiian, or a 

18 native-born inhabitant of any State of the 

19 United States in the Pacific, and an indi20 vidual from a Pacific Coast tribe; 

21 (v) a member that is a marine fish22 eries scientist that is a resident of a State 

23 the adjacent exclusive economic zone for 

24 which is bounded by the Convention Area; 


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1 (vi) a member nominated by the Gov2 ernor of the State of Alaska; 

3 (vii) a member nominated by the Gov4 ernor of the State of Hawaii; and 

5 (viii) a member nominated by the 

6 Governor of the State of Washington. 

7 (B) TERMS AND PRIVILEGES.—Each mem8 ber of the Advisory Committee shall serve for a 

9 term of 2 years and shall be eligible for re10 appointment for not more than 3 consecutive 

11 terms. The Commissioners shall notify the Ad12 visory Committee in advance of each meeting of 

13 the Commissioners. The Advisory Committee 

14 shall attend each meeting and shall examine 

15 and be heard on all proposed programs, inves16 tigations, reports, recommendations, and regu17 lations of the Commissioners. 

18 (C) PROCEDURES.— 

19 (i) IN GENERAL.—The Advisory Com20 mittee shall determine its organization and 

21 prescribe its practices and procedures for 

22 carrying out its functions under this Act, 

23 the North Pacific Fisheries Convention, 

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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 fisheries resources and 

23 international fishery agreements. 

24 (2) ADMINISTRATIVE MATTERS.— 


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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.—An indi7 vidual appointed to serve as a member of the 

8 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 (C) TRAVEL EXPENSES.— 

17 (i) IN GENERAL.—The Secretary of 

18 State shall pay the necessary travel ex19 penses of members of the Advisory Com20 mittee in carrying out the duties of the Ad21 visory Committee in accordance with the 

22 Federal Travel Regulations and sections 

23 5701, 5702, 5704 through 5708, and 5731 

24 of title 5, United States Code. 


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1 (ii) REIMBURSEMENT.—The Secretary 

2 may reimburse the Secretary of State for 

3 amounts expended by the Secretary of 

4 State under this subparagraph. 

5 (e) UNITED STATES PARTICIPATION.—In instances 

6 in which the United States is participating in any meeting 

7 of the parties to the North Pacific Fisheries Convention, 

8 the United States shall be represented by the Commis9 sioners and the Advisory Committee. 

10 SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SEC11 RETARY OF STATE. 

12 The Secretary of State may— 

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

14 United States, reports, requests, recommendations, 

15 proposals, decisions, and other communications of 

16 and to the Commission; 

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

18 disapprove, object to, or withdraw objections to by19 laws and rules, or amendments thereof, adopted by 

20 the Commission; 

21 (3) with the concurrence of the Secretary, ap22 prove or disapprove the general annual program of 

23 the Commission with respect to conservation and 

24 management measures and other measures proposed 


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1 or adopted in accordance with the North Pacific 

2 Fisheries Convention; and 

3 (4) act upon, or refer to other appropriate au4 thority, any communication under paragraph (1). 

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

6 (a) PROMULGATION OF REGULATIONS.— 

7 (1) AUTHORITY.—The Secretary, in consulta8 tion with the Secretary of State and, with respect to 

9 enforcement measures, the Secretary of the depart10 ment in which the Coast Guard is operating, is au11 thorized to promulgate such regulations as may be 

12 necessary to carry out the United States inter13 national obligations under the North Pacific Fish14 eries Convention and this Act, including rec15 ommendations and decisions adopted by the Com16 mission. 

17 (2) REGULATIONS OF STRADDLING STOCKS.— 

18 In the implementation of a measure adopted by the 

19 Commission that would govern a straddling stock 

20 under the authority of a Council, any regulation pro21 mulgated by the Secretary to implement such meas22 ure shall be approved by such Council. 

23 (b) RULE OF CONSTRUCTION.—Regulations promul24 gated under subsection (a) shall be applicable only to a 

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


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1 activities, or fisheries resources covered by the North Pa2 cific Fisheries Convention under this Act. 

3 (c) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

6 equipment, and facilities of other Federal departments 

7 and agencies in— 

8 (1) scientific, research, and other programs 

9 under this Act; 

10 (2) fishing operations and biological experi11 ments for purposes of scientific investigation or 

12 other purposes necessary to implement the North 

13 Pacific Fisheries Convention; 

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

15 such information as may be necessary to implement 

16 the North Pacific Fisheries Convention, subject to 

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

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

19 Fishery Conservation and Management Act (16 

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

21 (4) if recommended by the Commissioners, the 

22 assessment and collection of fees, not to exceed 3 

23 percent of the ex-vessel value of fisheries resource 

24 harvested by vessels of the United States in fisheries 

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1 tual costs to the United States of management and 

2 enforcement under this Act, which shall be deposited 

3 as an offsetting collection in, and credited to, the ac4 count providing appropriations to carry out the func5 tions of the Secretary under this Act; and 

6 (5) the issuance of permits to owners and oper7 ators of United States vessels to engage in fishing 

8 activities in the Convention Area seaward of the ex9 clusive economic zone of the United States, under 

10 such terms and conditions as the Secretary may pre11 scribe, including the period of time that a permit is 

12 valid. 

13 (d) CONSISTENCY WITH OTHER LAWS.—The Sec14 retary shall ensure the consistency, to the extent prac15 ticable, of fishery management programs administered 

16 under this Act, the Magnuson-Stevens Fishery Conserva17 tion and Management Act (16 U.S.C. 1801 et seq.), the 

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

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

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

21 note) (relating to Pacific albacore tuna), the Western and 

22 Central Pacific Fisheries Convention Implementation Act 

23 (16 U.S.C. 6901 et seq.), the National Oceanic and At24 mospheric Administration Authorization Act of 1992 


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1 (Public Law 102–567) and the amendments made by that 

2 Act, and Public Law 100–629 (102 Stat. 3286). 

3 (e) JUDICIAL REVIEW OF REGULATIONS.— 

4 (1) IN GENERAL.—Regulations promulgated by 

5 the Secretary under this Act shall be subject to judi6 cial review to the extent authorized by, and in ac7 cordance with, chapter 7 of title 5, United States 

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

9 than 30 days after the date on which the regulations 

10 are promulgated or the action is published in the 

11 Federal Register, as applicable. 

12 (2) RESPONSES.—Notwithstanding any other 

13 provision of law, the Secretary shall file a response 

14 to any petition filed in accordance with paragraph 

15 (1), not later than 30 days after the date the Sec16 retary is served with that petition, except that the 

17 appropriate court may extend the period for filing 

18 such a response upon a showing by the Secretary of 

19 good cause for that extension. 

20 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

21 response of the Secretary under paragraph (2) shall 

22 include a copy of the administrative record for the 

23 regulations that are the subject of the petition. 

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

25 the person who files a petition under this subsection, 


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1 the appropriate court shall assign the matter for 

2 hearing at the earliest possible date. 

3 SEC. 6. ENFORCEMENT. 

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

5 of the department in which the Coast Guard is oper6 ating— 

7 (1) shall administer and enforce this Act and 

8 any regulations issued under this Act, except to the 

9 extent otherwise provided for in the Magnuson-Ste10 vens Fishery Conservation and Management Act (16 

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

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

13 non-reimbursed basis the assistance, services, per14 sonnel, equipment, and facilities of other Federal de15 partments and agencies in the administration and 

16 enforcement of this Act. 

17 (b) SECRETARIAL ACTIONS.—Except as provided 

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

19 the department in which the Coast Guard is operating 

20 shall prevent any person from violating this Act with re21 spect to fishing activities or the conservation of fisheries 

22 resources in the Convention Area in the same manner, by 

23 the same means, and with the same jurisdiction, powers, 

24 and duties as though sections 308 through 311 of the 

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1 ment Act (16 U.S.C. 1858, 1859, 1860, and 1861) were 

2 incorporated into and made a part of this Act. Any person 

3 that violates any provision of this Act is subject to the 

4 penalties and entitled to the privileges and immunities 

5 provided in the Magnuson-Stevens Fishery Conservation 

6 and Management Act (16 U.S.C. 1801 et seq.) in the same 

7 manner, by the same means, and with the same jurisdic8 tion, power, and duties as though sections 308 through 

9 311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) 

10 were incorporated into and made a part of this Act. 

11 (c) JURISDICTION OF THE COURTS.— 

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

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

14 shall have exclusive jurisdiction over any case or 

15 controversy arising under the provisions of this Act, 

16 and any such court may at any time— 

17 (A) enter restraining orders or prohibi18 tions; 

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

20 other process; 

21 (C) prescribe and accept satisfactory bonds 

22 or other security; and 

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

24 interest of justice. 


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

2 the case of Hawaii or any possession of the United 

3 States in the Pacific Ocean, the appropriate court is 

4 the United States District Court for the District of 

5 Hawaii, except that— 

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

7 the appropriate court is the United States Dis8 trict Court for the District of Guam; and 

9 (B) in the case of the Northern Mariana 

10 Islands, the appropriate court is the United 

11 States District Court for the District of the 

12 Northern Mariana Islands. 

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

14 separate offense and the offense shall be deemed to 

15 have been committed not only in the district where 

16 the violation first occurred, but also in any other 

17 district authorized by law. Any offense not com18 mitted in any district is subject to the venue provi19 sions of section 3238 of title 18, United States 

20 Code. 

21 (d) CONFIDENTIALITY.— 

22 (1) IN GENERAL.—Any information submitted 

23 to the Secretary in compliance with any requirement 

24 under this Act shall be confidential and may not be 

25 disclosed, except— 


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1 (A) to a Federal employee who is respon2 sible for administering, implementing, or en3 forcing this Act; 

4 (B) to the Commission, in accordance with 

5 requirements in the North Pacific Fisheries 

6 Convention and decisions of the Commission, 

7 and, insofar as possible, in accordance with an 

8 agreement with the Commission that prevents 

9 public disclosure of the identity or business of 

10 any person; 

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

12 Commission employees pursuant to an agree13 ment with the Secretary that prevents public 

14 disclosure of the identity or business of any per15 son; 

16 (D) when required by court order; or 

17 (E) when the Secretary has obtained writ18 ten authorization from the person submitting 

19 such information to release such information to 

20 another person for a reason not otherwise pro21 vided for in this paragraph, and such release 

22 does not violate other requirements of this Act. 

23 (2) USE OF INFORMATION.— 

24 (A) IN GENERAL.—Except as provided 

25 under subparagraph (B), the Secretary shall 


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1 promulgate regulations regarding the proce2 dures the Secretary considers necessary to pre3 serve the confidentiality of information sub4 mitted under this Act. 

5 (B) EXCEPTION.—The Secretary may re6 lease or make public information submitted 

7 under this Act if the information is in any ag8 gregate or summary form that does not directly 

9 or indirectly disclose the identity or business of 

10 any person. 

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

12 subsection shall be interpreted or construed to pre13 vent the use for conservation and management pur14 poses by the Secretary of any information submitted 

15 under this Act. 

16 SEC. 7. PROHIBITED ACTS. 

17 It is unlawful for any person— 

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

19 regulation or permit issued pursuant to this Act; 

20 (2) to use any fishing vessel to engage in fish21 ing activities without, or after the revocation or dur22 ing the period of suspension of, an applicable permit 

23 issued pursuant to this Act; 

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

25 enforce the provisions of this Act to board a fishing 


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1 vessel subject to such person’s control for the pur2 poses of conducting any search, investigation, or in3 spection in connection with the enforcement of this 

4 Act or any regulation, permit, or the North Pacific 

5 Fisheries Convention; 

6 (4) to assault, resist, oppose, impede, intimi7 date, or interfere with any such authorized officer in 

8 the conduct of any search, investigation, or inspec9 tion in connection with the enforcement of this Act 

10 or any regulation, permit, or the North Pacific Fish11 eries Convention; 

12 (5) to resist a lawful arrest for any act prohib13 ited by this Act or any regulation promulgated or 

14 permit issued under this Act; 

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

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

17 custody, control, or possession of, any fisheries re18 sources taken or retained in violation of this Act or 

19 any regulation or permit referred to in paragraph 

20 (1) or (2); 

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

22 means, the apprehension or arrest of another person, 

23 knowing that such other person has committed any 

24 act prohibited by this section; 


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1 (8) to knowingly and willfully submit to the 

2 Secretary false information (including false informa3 tion regarding the capacity and extent to which a 

4 United States fish processor, on an annual basis, 

5 will process a portion of the optimum yield of a fish6 ery that will be harvested by fishing vessels of the 

7 United States), regarding any matter that the Sec8 retary is considering in the course of carrying out 

9 this Act; 

10 (9) to assault, resist, oppose, impede, intimi11 date, sexually harass, bribe, or interfere with any ob12 server on a vessel under this Act, or any data col13 lector employed by or under contract to any person 

14 to carry out responsibilities under this Act; 

15 (10) to engage in fishing activities in violation 

16 of any regulation adopted pursuant to this Act; 

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

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

19 in custody, possession, or control any fisheries re20 sources taken or retained in violation of such regula21 tions; 

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

23 returns, statistical records, or other reports required 

24 by regulations adopted pursuant to this Act to be 

25 made, kept, or furnished; 


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

2 and instructed to stop by a duly authorized official 

3 of the United States; 

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

5 adopted pursuant to this Act, any fisheries resources 

6 in any form of those species subject to regulation 

7 pursuant to a recommendation, resolution, or deci8 sion of the Commission, or any fisheries resources in 

9 any form not under regulation but under investiga10 tion by the Commission, during the period such fish11 eries resources have been denied entry in accordance 

12 with the provisions of this Act; 

13 (15) to make or submit any false record, ac14 count, or label for, or any false identification of, any 

15 fisheries resources which has been, or is intended to 

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

17 sale, purchased, or received in interstate or foreign 

18 commerce; or 

19 (16) to refuse to authorize and accept boarding 

20 by a duly authorized inspector pursuant to proce21 dures adopted by the Commission for the boarding 

22 and inspection of fishing vessels in the Convention 

23 Area. 


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1 SEC. 8. COOPERATION IN CARRYING OUT CONVENTION. 

2 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI3 TUTIONS AND ORGANIZATIONS.—The Secretary may co4 operate with any Federal agency, any public or private in5 stitution or organization within the United States or 

6 abroad, and, through the Secretary of State, a duly au7 thorized official of the government of any party to the 

8 North Pacific Fisheries Convention, in carrying out re9 sponsibilities under this Act. 

10 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

11 AND PERSONNEL.—Each Federal agency is authorized, 

12 upon the request of the Secretary, to cooperate in the con13 duct of scientific and other programs and to furnish facili14 ties and personnel for the purpose of assisting the Com15 mission in carrying out its duties under the North Pacific 

16 Fisheries Convention. 

17 (c) SANCTIONED FISHING OPERATIONS AND BIO18 LOGICAL EXPERIMENTS.—Nothing in this Act, or in the 

19 laws of any State, prevents the Secretary or the Commis20 sion from— 

21 (1) conducting or authorizing the conduct of 

22 fishing operations and biological experiments at any 

23 time for purposes of scientific investigation; or 

24 (2) discharging any other duties prescribed by 

25 the North Pacific Fisheries Convention. 


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1 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

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

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

4 United States. 

5 SEC. 9. TERRITORIAL PARTICIPATION. 

6 The Secretary of State shall ensure participation in 

7 the Commission and its subsidiary bodies by the Common8 wealth of the Northern Mariana Islands to the same ex9 tent provided to the territories of other nations. 

10 SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

11 Masters of commercial fishing vessels of countries 

12 fishing under the management authority of the North Pa13 cific Fisheries Convention that do not carry vessel moni14 toring systems capable of communicating with United 

15 States enforcement authorities shall, prior to or as soon 

16 as reasonably possible after, entering and transiting the 

17 exclusive economic zone bounded by the Convention 

18 Area— 

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

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

21 the vessel and of the circumstances under which it 

22 will enter United States waters; 

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

24 vessel is stowed below deck or otherwise removed 

25 from the place it is normally used for fishing activiVerDate Sep 11 2014 21:21 Mar 28, 2016 Jkt 059200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1335.RS S1335

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1 ties and placed where it is not readily available for 

2 fishing activities; and 

3 (3) if requested by an enforcement officer, pro4 ceed to a specified location so that a vessel inspec5 tion can be conducted. 

6 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

7 There are authorized to be appropriated to the Sec8 retary and the Secretary of State such sums as may be 

9 necessary to carry out this Act and to pay the United 

10 States contribution to the Commission under Article 12 

11 of the North Pacific Fisheries Convention. 


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Calendar No. 405 

114TH CONGRESS 

2D SESSION S. 1335 

[Report No. 114–233] 

A BILL 

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 ReMARCH 28, 2016 

Reported without amendment 


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