II 

114TH CONGRESS 

1ST SESSION S. 1336 

To implement the Convention on the Conservation and Management of the 

High Seas Fishery Resources in the South Pacific Ocean, as adopted 

at Auckland on November 14, 2009, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2015 

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

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

Science, and Transportation 

A BILL 

To implement the Convention on the Conservation and Management of the High Seas Fishery Resources in the 

South Pacific Ocean, as adopted at Auckland on November 14, 2009, and for other purposes. 

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

3 SECTION 1. SHORT TITLE. 

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

5 Convention Implementation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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1 (1) ADVISORY COMMITTEE.—The term ‘‘Advi2 sory Committee’’ means the advisory committee es3 tablished under section 3. 

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

5 means the South Pacific Fisheries Commission es6 tablished under the South Pacific Fisheries Conven7 tion. 

8 (3) COMMISSIONER.—The term ‘‘Commis9 sioner’’ means a U.S. Commissioner appointed under 

10 section 3. 

11 (4) CONVENTION AREA.—The term ‘‘Conven12 tion Area’’ means— 

13 (A) the waters of the Pacific Ocean beyond 

14 areas of national jurisdiction and in accordance 

15 with international law, bounded by the 10° par16 allel of north latitude and the 20° parallel of 

17 south latitude and by the 135° meridian of east 

18 longitude and the 150° meridian of west lon19 gitude; and 

20 (B) the waters of the Pacific Ocean beyond 

21 areas of national jurisdiction and in accordance 

22 with international law— 

23 (i) east of a line extending south 

24 along the 120° meridian of east longitude 

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1 diction of Australia off the south coast of 

2 Western Australia to the intersection with 

3 the 55° parallel of south latitude; then due 

4 east along the 55° parallel of south lati5 tude to the intersection with the 150° me6 ridian of east longitude; then due south 

7 along the 150° meridian of east longitude 

8 to the intersection with the 60° parallel of 

9 south latitude; 

10 (ii) north of a line extending east 

11 along the 60° parallel of south latitude 

12 from the 150° meridian of east longitude 

13 to the intersection with the 67° 16′ merid14 ian of west longitude; 

15 (iii) west of a line extending north 

16 along the 67° 16′ meridian of west lon17 gitude from the 60° parallel of south lati18 tude to its intersection with the outer limit 

19 of the national jurisdiction of Chile; then 

20 along the outer limits of the national juris21 dictions of Chile, Peru, Ecuador and Co22 lombia to the intersection with the 2° par23 allel of north latitude; and 

24 (iv) south of a line extending west 

25 along the 2° parallel of north latitude (but 


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1 not including the national jurisdiction of 

2 Ecuador (Galapagos Islands)) to the inter3 section with the 150° meridian of west lon4 gitude; then due north along the 150° me5 ridian of west longitude to its intersection 

6 with 10° parallel of north latitude; then 

7 west along the 10° parallel of north lati8 tude to its intersection with the outer lim9 its of the national jurisdiction of the Mar10 shall Islands; and then generally south and 

11 around the outer limits of the national ju12 risdictions of Pacific States and territories, 

13 New Zealand and Australia until it con14 nects to the commencement of the line de15 scribed in clause (i). 

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

17 Western Pacific Regional Fishery Management 

18 Council. 

19 (6) EXCLUSIVE ECONOMIC ZONE OF THE

20 UNITED STATES.—The term ‘‘exclusive economic 

21 zone of the United States’’ means the zone estab22 lished by Presidential Proclamation Numbered 5030 

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

24 (7) FISHERY RESOURCES.— 


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1 (A) IN GENERAL.—The term ‘‘fishery re2 sources’’ means all fish within the Convention 

3 Area. 

4 (B) INCLUSIONS.—The term ‘‘fishery re5 sources’’ includes mollusks, crustaceans, and 

6 other living marine resources as may be decided 

7 by the Commission. 

8 (C) EXCLUSIONS.—The term ‘‘fishery re9 sources’’ does not include— 

10 (i) sedentary species in so far as they 

11 are subject to the national jurisdiction of 

12 coastal States pursuant to Article 77 para13 graph 4 of the 1982 Convention; 

14 (ii) highly migratory species listed in 

15 Annex I of the 1982 Convention; 

16 (iii) anadromous species; 

17 (iv) catadromous species; 

18 (v) marine mammals; 

19 (vi) marine reptiles; or 

20 (vii) sea birds. 

21 (8) FISHING.— 

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

23 means— 


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1 (i) the actual or attempted searching 

2 for, catching, taking, or harvesting of fish3 ery resources; 

4 (ii) engaging in any activity that can 

5 reasonably be expected to result in the lo6 cating, catching, taking, or harvesting of 

7 fishery resources for any purpose; 

8 (iii) transshipment and any operation 

9 at sea in direct support of, or in prepara10 tion for, any activity described in this sub11 paragraph; or 

12 (iv) the use of any vessel, vehicle, air13 craft, or hovercraft, in relation to any ac14 tivity described in clauses (i) through (iii). 

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

16 does not include any operation related to an 

17 emergency involving the health or safety of a 

18 crew member or the safety of a fishing vessel. 

19 (9) FISHING VESSEL.—The term ‘‘fishing ves20 sel’’ means any vessel used or intended for use for 

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

22 carrier vessel, or any other vessel directly involved in 

23 such fishing operations. 

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

25 Council’s Advisory Panel. 


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

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

3 or national of the United States; 

4 (B) any corporation, partnership, associa5 tion, or other entity, whether or not organized 

6 or existing under the laws of any State; or 

7 (C) any Federal, State, local, tribal, or for8 eign government, or any entity of such govern9 ment. 

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

11 means the Secretary of Commerce. 

12 (13) SOUTH PACIFIC FISHERIES CONVEN13 TION.—The term ‘‘South Pacific Fisheries Conven14 tion’’ means the Convention on the Conservation and 

15 Management of the High Seas Fishery Resources in 

16 the South Pacific Ocean (including any annexes, 

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

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

19 adopted at Auckland on November 14, 2009. 

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

21 the several States of the United States, the District 

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

23 commonwealth, territory, or possession of the United 

24 States. 


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1 (15) STRADDLING STOCK.—The term ‘‘strad2 dling stock’’ means a stock of fishery resources 

3 which migrates between, or occurs in, the exclusive 

4 economic zone of 1 or more parties to the South Pa5 cific Fisheries Convention and the Convention Area. 

6 (16) TRANSSHIPMENT.—The term ‘‘trans7 shipment’’ means the unloading of all or any of the 

8 fishery resources or fishery resources products de9 rived from fishing in the Convention Area on board 

10 a fishing vessel to another fishing vessel either at 

11 sea or in port. 

12 (17) 1982 CONVENTION.—The term ‘‘1982 

13 Convention’’ means the United Nations Convention 

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

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

16 (a) APPOINTMENT.— 

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

18 represented on the Commission by not more than 3 

19 Commissioners. In making each appointment, the 

20 President shall select a Commissioner from among 

21 individuals who are knowledgeable or experienced 

22 concerning fishery resources in the South Pacific 

23 Ocean. 

24 (2) REPRESENTATION.—At least 1 of the Com25 missioners shall be— 


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1 (A) serving at the pleasure of the Presi2 dent, an officer or employee of— 

3 (i) the Department of Commerce; 

4 (ii) the Department of State; or 

5 (iii) the United States Coast Guard; 

6 and 

7 (B) the chairperson or designee of the 

8 Council. 

9 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

10 State, in consultation with the Secretary, may designate 

11 from time to time and for periods of time considered ap12 propriate an alternate Commissioner to the Commission. 

13 An alternate Commissioner may exercise all powers and 

14 duties of a Commissioner in the absence of a Commis15 sioner appointed under subsection (a). 

16 (c) ADMINISTRATIVE MATTERS.— 

17 (1) EMPLOYMENT STATUS.—An individual serv18 ing as a Commissioner, or as an alternate Commis19 sioner, other than an officer or employee of the U.S. 

20 Government, shall not be considered a Federal em21 ployee, except for the purposes of injury compensa22 tion or tort claims liability as provided in chapter 81 

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

24 title 28, United States Code. 


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1 (2) COMPENSATION.—An individual serving as 

2 a Commissioner or an alternate Commissioner, al3 though an officer of the United States while so serv4 ing, shall receive no compensation for the individ5 ual’s services as such Commissioner or alternate 

6 Commissioner. 

7 (3) TRAVEL EXPENSES.— 

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

9 shall pay the necessary travel expenses of a 

10 Commissioner or an alternate Commissioner in 

11 accordance with the Federal Travel Regulations 

12 and sections 5701, 5702, 5704 through 5708, 

13 and 5731 of title 5, United States Code. 

14 (B) REIMBURSEMENT.—The Secretary 

15 may reimburse the Secretary of State for 

16 amounts expended by the Secretary of State 

17 under this paragraph. 

18 (d) ADVISORY COMMITTEE.— 

19 (1) ESTABLISHMENT OF PERMANENT ADVISORY

20 COMMITTEE.— 

21 (A) MEMBERSHIP.—There is established 

22 an advisory committee which shall be composed 

23 of 7 members appointed by the Secretary, in24 cluding— 


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1 (i) a member engaging in commercial 

2 fishing in the management area of the 

3 Council; 

4 (ii) 2 members from the indigenous 

5 population of the Pacific, including a Na6 tive Hawaiian and a native-born inhabitant 

7 of any State in the Pacific; 

8 (iii) a member that is a marine fish9 eries scientist and a member of the Coun10 cil’s Scientific and Statistical Committee; 

11 (iv) a member representing a non-gov12 ernmental organization active in fishery 

13 issues in the Pacific; 

14 (v) a member nominated by the Gov15 ernor of the State of Hawaii; and 

16 (vi) a member designated by the 

17 Council. 

18 (B) TERMS AND PRIVILEGES.—Each mem19 ber of the Advisory Committee shall serve for a 

20 term of 2 years and shall be eligible for re21 appointment for not more than 3 consecutive 

22 terms. The Commissioners shall notify the Ad23 visory Committee in advance of each meeting of 

24 the Commissioners. The Advisory Committee 

25 may attend each meeting and may examine and 


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1 be heard on all proposed programs, investiga2 tions, reports, recommendations, and regula3 tions of the Commissioners. 

4 (C) PROCEDURES.—The Advisory Com5 mittee shall determine its organization and pre6 scribe its practices and procedures for carrying 

7 out its functions under this Act, the South Pa8 cific Fisheries Convention, and the Magnuson9 Stevens Fishery Conservation and Management 

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

11 Committee shall publish and make available to 

12 the public a statement of its organization, prac13 tices, and procedures. A majority of the mem14 bers of the Advisory Committee shall constitute 

15 a quorum to conduct business. Meetings of the 

16 Advisory Committee, except when in executive 

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

18 of each non-executive meeting shall be made 

19 public in a timely fashion. The Advisory Com20 mittee shall not be subject to the Federal Advi21 sory Committee Act (5 U.S.C. App.). 

22 (D) PROVISION OF INFORMATION.—The 

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1 formation concerning fishery resources and 

2 international fishery agreements. 

3 (2) ADMINISTRATIVE MATTERS.— 

4 (A) SUPPORT SERVICES.—The Secretary 

5 shall provide to the Advisory Committee in a 

6 timely manner such administrative and tech7 nical support services as are necessary to func8 tion effectively. 

9 (B) COMPENSATION; STATUS; EX10 PENSES.—An individual appointed to serve as a 

11 member of the Advisory Committee— 

12 (i) shall serve without pay; and 

13 (ii) shall not be considered a Federal 

14 employee, except for the purposes of injury 

15 compensation or tort claims liability as 

16 provided in chapter 81 of title 5, United 

17 States Code, and chapter 171 of title 28, 

18 United States Code. 

19 (e) MEMORANDUM OF UNDERSTANDING.—For fish20 ery resources in the Convention Area, the Secretary, in 

21 coordination with the Secretary of State, shall develop a 

22 memorandum of understanding with the Council that 

23 clarifies the role of the Council with respect to— 


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

3 including government-to-government consultations; 

4 (2) providing formal recommendations to the 

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

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

10 fishery organization; and 

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

13 international fishery organization, for approval and 

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

16 1801 et seq.). 

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

19 The Secretary of State may— 

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

21 United States, reports, requests, recommendations, 

22 proposals, decisions, and other communications of 

23 and to the Commission; 

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

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1 laws and rules, or amendments thereof, adopted by 

2 the Commission; 

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

5 the Commission with respect to conservation and 

6 management measures and other measures proposed 

7 or adopted in accordance with the South Pacific 

8 Fisheries Convention; and 

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

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

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

14 with respect to enforcement measures, the Secretary of the 

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

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

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

24 the extent practicable within the implementation schedule 

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1 ommendations and decisions adopted by the Commission, 

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

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

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

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

8 or fishery resources covered by the South Pacific Fisheries 

9 Convention under this Act. 

10 (c) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

13 equipment, and facilities of other Federal departments 

14 and agencies in— 

15 (1) scientific, research, and other programs 

16 under this Act; 

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

19 other purposes necessary to implement the South 

20 Pacific Fisheries Convention; 

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

22 such information as may be necessary to implement 

23 the South Pacific Fisheries Convention, subject to 

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

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


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1 Fishery Conservation and Management Act (16 

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

3 (4) if recommended by the Commissioners, the 

4 assessment and collection of fees, not to exceed 3 

5 percent of the ex-vessel value of fishery resources 

6 harvested by vessels of the United States in fisheries 

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

9 enforcement under this Act, which shall be deposited 

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

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

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

18 period of time that a permit is valid. 

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

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

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

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


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

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

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

4 and the Western and Central Pacific Fisheries Convention 

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

6 (e) JUDICIAL REVIEW OF REGULATIONS.— 

7 (1) IN GENERAL.—Regulations promulgated by 

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

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

12 than 30 days after the date on which the regulations 

13 are promulgated or the action is published in the 

14 Federal Register, as applicable. 

15 (2) RESPONSES.—Notwithstanding any other 

16 provision of law, the Secretary shall file a response 

17 to any petition filed in accordance with paragraph 

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

20 appropriate court may extend the period for filing 

21 such a response upon a showing by the Secretary of 

22 good cause for that extension. 

23 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

24 response of the Secretary under paragraph (2) shall 


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1 include a copy of the administrative record for the 

2 regulations that are the subject of the petition. 

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

4 the person who files a petition under this subsection, 

5 the appropriate court shall assign the matter for 

6 hearing at the earliest possible date. 

7 SEC. 6. ENFORCEMENT. 

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

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

11 (1) shall administer and enforce this Act and 

12 any regulations issued under this Act, except to the 

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

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

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

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

20 enforcement of this Act. 

21 (b) SECRETARIAL ACTIONS.—Except as provided 

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

23 the department in which the Coast Guard is operating 

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


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

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

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

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

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

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

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

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

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

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

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

14 and made a part of this Act. 

15 (c) JURISDICTION OF THE COURTS.— 

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

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

18 shall have exclusive jurisdiction over any case or 

19 controversy arising under the provisions of this Act, 

20 and any such court may at any time— 

21 (A) enter restraining orders or prohibi22 tions; 

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

24 other process; 


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1 (C) prescribe and accept satisfactory bonds 

2 or other security; and 

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

4 interest of justice. 

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

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

7 Ocean, the appropriate court is the United States 

8 District Court for the District of Hawaii, except 

9 that— 

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

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

13 (B) in the case of the Northern Mariana 

14 Islands, the appropriate court is the United 

15 States District Court for the District of the 

16 Northern Mariana Islands. 

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

18 separate offense and the offense shall be deemed to 

19 have been committed not only in the district where 

20 the violation first occurred, but also in any other 

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

24 Code. 

25 (d) CONFIDENTIALITY.— 


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1 (1) IN GENERAL.—Any information submitted 

2 to the Secretary in compliance with any requirement 

3 under this Act shall be confidential and may not be 

4 disclosed, except— 

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

8 (B) to the Commission, in accordance with 

9 requirements in the South Pacific Fisheries 

10 Convention and decisions of the Commission, 

11 and, insofar as possible, in accordance with an 

12 agreement with the Commission that prevents 

13 public disclosure of the identity or business of 

14 any person; 

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

17 prevents public disclosure of the identity or 

18 business of any person; 

19 (D) when required by court order; or 

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

22 such information to release such information to 

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

25 does not violate other requirements of this Act. 


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1 (2) USE OF INFORMATION.— 

2 (A) IN GENERAL.—Except as provided 

3 under subparagraph (B), the Secretary shall 

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

7 this Act. 

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

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

12 or indirectly disclose the identity or business of 

13 any person. 

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

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

18 under this Act. 

19 SEC. 7. PROHIBITED ACTS. 

20 It is unlawful for any person— 

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

22 regulation or permit issued under this Act; 

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1 riod of suspension of, an applicable permit issued 

2 under this Act; 

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

4 enforce the provisions of this Act to board a fishing 

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

8 Act or the South Pacific Fisheries Convention; 

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

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

13 or the South Pacific Fisheries Convention; 

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

16 permit issued under this Act; 

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

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

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

21 any regulation or permit referred to in paragraph 

22 (1) or (2); 

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

24 means, the apprehension or arrest of another person, 


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1 knowing that such other person has committed any 

2 act prohibited by this section; 

3 (8) to knowingly and willfully submit to the 

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

6 United States fish processor, on an annual basis, 

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

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

11 this Act; 

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

16 to carry out responsibilities under this Act; 

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

18 regulation adopted under this Act; 

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

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

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


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

2 returns, statistical records, or other reports required 

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

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

5 and instructed to stop by a duly authorized official 

6 of the United States; 

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

8 promulgated under this Act, any fishery resources in 

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

11 of the Commission, or any fishery resources in any 

12 form not under regulation but under investigation by 

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

15 the provisions of this Act; 

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

18 fishery resources which have been, or are intended to 

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

20 sale, purchased, or received in interstate or foreign 

21 commerce; or 

22 (16) to refuse to authorize and accept boarding 

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


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1 and inspection of fishing vessels in the Convention 

2 Area. 

3 SEC. 8. COOPERATION IN CARRYING OUT CONVENTION. 

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

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

9 duly authorized official of the government of any party 

10 to the South Pacific Fisheries Convention, in carrying out 

11 responsibilities under this Act. 

12 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

13 AND PERSONNEL.—Each Federal department and agency 

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

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

18 the South Pacific Fisheries Convention. 

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

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

23 (1) conducting or authorizing the conduct of 

24 fishing operations and biological experiments at any 

25 time for purposes of scientific investigation; or 


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1 (2) discharging any other duties prescribed by 

2 the South Pacific Fisheries Convention. 

3 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

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

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

6 United States. 

7 SEC. 9. TERRITORIAL PARTICIPATION. 

8 The Secretary of State shall ensure participation in 

9 the Commission and its subsidiary bodies by American 

10 Samoa, Guam, and the Commonwealth of the Northern 

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

13 SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

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

16 Fisheries Convention that do not carry vessel monitoring 

17 systems capable of communicating with U.S. enforcement 

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

20 zone of the United States seaward of the Convention 

21 Area— 

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

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


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1 enter the exclusive economic zone of the United 

2 States seaward of the Convention Area; 

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

4 vessel is stowed below deck or otherwise removed 

5 from the place it is normally used for fishing and 

6 placed where it is not readily available for fishing; 

7 and 

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

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

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

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

15 pay the United States contribution to the Commission 

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

18 (b) INTERNATIONAL COOPERATION AND ASSIST19 ANCE.— 

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

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

23 provide appropriate assistance, including grants, to 

24 developing nations and international organizations of 

25 which such nations are members to assist those naVerDate Sep 11 2014 04:50 May 16, 2015 Jkt 049200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S1336.IS S1336

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1 tions in meeting their obligations under the South 

2 Pacific Fisheries Convention. 

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

5 other applicable law, the Secretary and the Secretary 

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

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

10 responsibilities under paragraph (1). 

Æ 


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