II 

Calendar No. 622 

113TH CONGRESS 

2D SESSION S. 2484 

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 

JUNE 17, 2014 

Mr. SCHATZ introduced the following bill; which was read twice and referred 

to the Committee on Commerce, Science, and Transportation 

DECEMBER 8, 2014 

Reported by Mr. ROCKEFELLER, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

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’’. 


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1 SEC. 2. DEFINITIONS. 

2 In this Act: 

3 (1) ADVISORY COMMITTEE.—The term ‘‘Advi4 sory Committee’’ means the advisory committee es5 tablished under section 3. 

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

7 means the South Pacific Fisheries Commission es8 tablished pursuant to the South Pacific Fisheries 

9 Convention. 

10 (3) COMMISSIONER.—The term ‘‘Commis11 sioner’’ means a U.S. Commissioner appointed under 

12 section 3. 

13 (4) CONVENTION AREA.—The term ‘‘Conven14 tion Area’’ means— 

15 (A) the waters of the Pacific Ocean beyond 

16 areas of national jurisdiction and in accordance 

17 with international law jurisdiction, bounded by 

18 the 10° parallel of north latitude and the 20° 

19 parallel of south latitude and by the 135° me20 ridian of east longitude and the 150° meridian 

21 of west longitude; and 

22 (B) the waters of the Pacific Ocean beyond 

23 areas of national jurisdiction and in accordance 

24 with international law jurisdiction— 

25 (i) east of a line extending south 

26 along the 120° meridian of east longitude 


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1 from the outer limit of the national juris2 diction of Australia off the south coast of 

3 Western Australia to the intersection with 

4 the 55° parallel of south latitude; then due 

5 east along the 55° parallel of south lati6 tude to the intersection with the 150° me7 ridian of east longitude; then due south 

8 along the 150° meridian of east longitude 

9 to the intersection with the 60° parallel of 

10 south latitude; 

11 (ii) north of a line extending east 

12 along the 60° parallel of south latitude 

13 from the 150° meridian of east longitude 

14 to the intersection with the 67° 16’ merid15 ian of west longitude; 

16 (iii) west of a line extending north 

17 along the 67° 16’ meridian of west lon18 gitude from the 60° parallel of south lati19 tude to its intersection with the outer limit 

20 of the national jurisdiction of Chile; then 

21 along the outer limits of the national juris22 dictions of Chile, Peru, Ecuador and Co23 lombia to the intersection with the 2° par24 allel of north latitude; and 


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1 (iv) south of a line extending west 

2 along the 2° parallel of north latitude (but 

3 not including the national jurisdiction of 

4 Ecuador (Galapagos Islands)) to the inter5 section with the 150° meridian of west lon6 gitude; then due north along the 150° me7 ridian of west longitude to its intersection 

8 with 10° parallel of north latitude; then 

9 west along the 10° parallel of north lati10 tude to its intersection with the outer lim11 its of the national jurisdiction of the Mar12 shall Islands; and then generally south and 

13 around the outer limits of the national ju14 risdictions of Pacific States and territories, 

15 New Zealand and Australia until it con16 nects to the commencement of the line de17 scribed in clause (i). 

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

19 Western Pacific Regional Fishery Management 

20 Council. 

21 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

22 ‘‘exclusive economic zone’’ means the zone estab23 lished by Presidential Proclamation Numbered 5030 

24 of March 10, 1983. 

25 (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; and 

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. 


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

2 Western Pacific Regional Fishery Management 

3 Council’s Advisory Panel. 

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

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

6 or national of the United States; 

7 (B) any corporation, partnership, associa8 tion, or other entity, whether or not organized 

9 or existing under the laws of any State; and 

10 (C) any Federal, State, local, tribal, or for11 eign government or any entity of such govern12 ment. 

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

14 means the Secretary of Commerce. 

15 (13) SOUTH PACIFIC FISHERIES CONVEN16 TION.—The term ‘‘South Pacific Fisheries Conven17 tion’’ means the Convention on the Conservation and 

18 Management of the High Seas Fishery Resources in 

19 the South Pacific Ocean (including any annexes, 

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

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

22 adopted at Auckland on November 14, 2009. 

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

24 the several States of the United States, the District 

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


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1 commonwealth, territory, or possession of the United 

2 States. 

3 (15) TRANSSHIPMENT.—The term ‘‘trans4 shipment’’ means the unloading of all or any of the 

5 fishery resources or fishery resource products de6 rived from fishing in the Convention Area on board 

7 a fishing vessel to another fishing vessel either at 

8 sea or in port. 

9 (16) 1982 CONVENTION.—The term ‘‘1982 

10 Convention’’ means the United Nations Convention 

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

12 SEC. 3. APPOINTMENT OF UNITED STATES COMMISSIONER. 

13 (a) APPOINTMENT.—The United States shall be rep14 resented on the Commission by 1 U.S. Commissioner. The 

15 President shall appoint an individual to serve on the Com16 mission at the pleasure of the President. In making an 

17 appointment, the President shall select an individual who 

18 is knowledgeable or experienced concerning fishery re19 sources in the South Pacific Ocean. 

20 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

21 State, in consultation with the Secretary, may designate 

22 from time to time and for periods of time considered ap23 propriate an alternate Commissioner to the Commission. 

24 An alternate Commissioner may exercise all powers and 


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1 duties of a Commissioner in the absence, for whatever rea2 son, of a Commissioner appointed under subsection (a). 

3 (c) ADMINISTRATIVE MATTERS.— 

4 (1) EMPLOYMENT STATUS.—An individual serv5 ing as a Commissioner, or as an alternate Commis6 sioner, other than an officer or employee of the U.S. 

7 Government, shall not be considered a Federal em8 ployee, except for the purposes of injury compensa9 tion or tort claims liability as provided in chapter 81 

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

11 title 28, United States Code. 

12 (2) COMPENSATION.—An individual serving as 

13 a Commissioner or an alternate Commissioner, al14 though an officer of the United States while so serv15 ing, shall receive no compensation for the individ16 ual’s services as such Commissioner or alternate 

17 Commissioner. 

18 (3) TRAVEL EXPENSES.— 

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

20 shall pay the necessary travel expenses of a 

21 Commissioner or an alternate Commissioner in 

22 accordance with the Federal Travel Regulations 

23 and sections 5701, 5702, 5704 through 5708, 

24 and 5731 of title 5, United States Code. 


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1 (B) REIMBURSEMENT.—The Secretary 

2 may reimburse the Secretary of State for 

3 amounts expended by the Secretary of State 

4 under this paragraph. 

5 (d) ADVISORY COMMITTEE.— 

6 (1) ESTABLISHMENT OF PERMANENT ADVISORY

7 COMMITTEE.— 

8 (A) MEMBERSHIP.—There is established 

9 an advisory committee which shall be composed 

10 of— 

11 (i) not less than 15 nor more than 20 

12 individuals appointed by the Secretary in 

13 consultation with the Commissioner, who 

14 shall select such individuals from the var15 ious groups concerned with the fishery re16 sources covered by the South Pacific Fish17 eries Convention, providing, to the max18 imum extent practicable, an equitable bal19 ance among such groups; and 

20 (ii) the chairperson of the Panel or 

21 the chairperson’s designee. 

22 (B) TERMS AND PRIVILEGES.—Each mem23 ber of the Advisory Committee shall serve for a 

24 term of 2 years and shall be eligible for re25 appointment. The Commissioner shall notify in 


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1 advance the Advisory Committee of each meet2 ing of the Commission. The Advisory Com3 mittee may attend each meeting and may exam4 ine and be heard on all proposed programs of 

5 investigation, reports, recommendations, and 

6 regulations of the Commission. 

7 (C) PROCEDURES.—The Advisory Com8 mittee shall determine its organization and pre9 scribe its practices and procedures for carrying 

10 out its functions under this Act, the South Pa11 cific Fisheries Convention, and the Magnuson12 Stevens Fishery Conservation and Management 

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

14 Committee shall publish and make available to 

15 the public a statement of its organization, prac16 tices, and procedures. A majority of the mem17 bers of the Advisory Committee shall constitute 

18 a quorum to conduct business. Meetings of the 

19 Advisory Committee, except when in executive 

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

21 of each non-executive meeting shall be made 

22 public in a timely fashion. The Advisory Com23 mittee shall not be subject to the Federal Advi24 sory Committee Act (5 U.S.C. App.). 


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1 (D) PROVISION OF INFORMATION.—The 

2 Secretary and the Secretary of State shall fur3 nish the Advisory Committee with relevant in4 formation concerning fishery resources and 

5 international fishery agreements. 

6 (2) ADMINISTRATIVE MATTERS.— 

7 (A) SUPPORT SERVICES.—The Secretary 

8 shall provide to the Advisory Committee in a 

9 timely manner such administrative and tech10 nical support services as are necessary to func11 tion effectively. 

12 (B) COMPENSATION; STATUS; EX13 PENSES.—An individual appointed to serve as a 

14 member of the Advisory Committee— 

15 (i) shall serve without pay, but while 

16 away from the individual’s home or regular 

17 place of business in the performance of 

18 services for the Advisory Committee shall 

19 be allowed travel expenses, including per 

20 diem in lieu of subsistence, in the same 

21 manner as a person employed intermit22 tently in the Government service is allowed 

23 expenses under section 5703 of title 5, 

24 United States Code; and 


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1 (ii) shall not be considered a Federal 

2 employee, except for the purposes of injury 

3 compensation or tort claims liability as 

4 provided in chapter 81 of title 5, United 

5 States Code and chapter 171 of title 28, 

6 United States Code. 

7 (e) MEMORANDUM OF UNDERSTANDING.—For fish8 ery resources in the Convention Area, the Secretary, in 

9 coordination with the Secretary of State, shall develop a 

10 memorandum of understanding with the Council, that 

11 clarifies the role of the Council with respect to— 

12 (1) participation in U.S. delegations to inter13 national fishery organizations in the Pacific Ocean, 

14 including government-to-government consultations; 

15 (2) providing formal recommendations to the 

16 Secretary and the Secretary of State regarding nec17 essary measures for both domestic and foreign ves18 sels fishing for fishery resources; 

19 (3) coordinating positions with the U.S. delega20 tion for presentation to the appropriate international 

21 fishery organization; and 

22 (4) recommending those domestic fishing regu23 lations that are consistent with the actions of the 

24 international fishery organization, for approval and 

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1 ery Conservation and Management Act (16 U.S.C. 

2 1801 et seq.). 

3 SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SEC4 RETARY OF STATE. 

5 The Secretary of State may— 

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

7 United States, reports, requests, recommendations, 

8 proposals, decisions, and other communications of 

9 and to the Commission; 

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

11 disapprove, object to, or withdraw objections to by12 laws and rules, or amendments thereof, adopted by 

13 the Commission; 

14 (3) with the concurrence of the Secretary, ap15 prove or disapprove the general annual program of 

16 the Commission with respect to conservation and 

17 management measures and other measures proposed 

18 or adopted in accordance with the South Pacific 

19 Fisheries Convention; and 

20 (4) act upon, or refer to other appropriate au21 thority, any communication under paragraph (1). 

22 SEC. 5. RULEMAKING AUTHORITY OF THE SECRETARY OF 

23 COMMERCE. 

24 (a) PROMULGATION OF REGULATIONS.—The Sec25 retary, in consultation with the Secretary of State and, 


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1 with respect to enforcement measures, the Secretary of the 

2 department in which the Coast Guard is operating, is au3 thorized to promulgate such regulations as may be nec4 essary to carry out U.S. international obligations under 

5 the South Pacific Fisheries Convention and this Act, in6 cluding recommendations and decisions adopted by the 

7 Commission. If the Secretary has discretion in the imple8 mentation of 1 or more measures adopted by the Commis9 sion that would govern fishery resources under the author10 ity of the Council, the Secretary may promulgate, to the 

11 extent practicable within the implementation schedule of 

12 the South Pacific Fisheries Convention and any rec13 ommendations and decisions adopted by the Commission, 

14 such regulations in accordance with the procedures estab15 lished by the Magnuson-Stevens Fishery Conservation and 

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

17 (b) JUDICIAL REVIEW OF REGULATIONS.— 

18 (1) IN GENERAL.—Regulations promulgated by 

19 the Secretary under this Act shall be subject to judi20 cial review to the extent authorized by, and in ac21 cordance with, chapter 7 of title 5, United States 

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

23 than 30 days after the date on which the regulations 

24 are promulgated or the action is published in the 

25 Federal Register, as applicable. 


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1 (2) RESPONSES.—Notwithstanding any other 

2 provision of law, the Secretary shall file a response 

3 to any petition filed in accordance with paragraph 

4 (1), not later than 30 days after the date the Sec5 retary is served with that petition, except that the 

6 appropriate court may extend the period for filing 

7 such a response upon a showing by the Secretary of 

8 good cause for that extension. 

9 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

10 response of the Secretary under paragraph (2) shall 

11 include a copy of the administrative record for the 

12 regulations that are the subject of the petition. 

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

14 the person who files a petition under this subsection, 

15 the appropriate court shall assign the matter for 

16 hearing at the earliest possible date. 

17 SEC. 6. ENFORCEMENT. 

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

19 of the department in which the Coast Guard is oper20 ating— 

21 (1) shall administer and enforce this Act and 

22 any regulations issued under this Act, except to the 

23 extent otherwise provided for in the Magnuson-Ste24 vens Fishery Conservation and Management Act (16 

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


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

2 non-reimbursed basis the assistance, services, per3 sonnel, equipment, and facilities of other Federal de4 partments and agencies in the administration and 

5 enforcement of this Act. 

6 (b) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

9 equipment, and facilities of other Federal departments 

10 and agencies in— 

11 (1) scientific, research, and other programs 

12 under this Act; 

13 (2) fishing operations and biological experi14 ments for purposes of scientific investigation or 

15 other purposes necessary to implement the South 

16 Pacific Fisheries Convention; 

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

18 such information as may be necessary to implement 

19 the South Pacific Fisheries Convention, subject to 

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

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

22 Fishery Conservation and Management Act (16 

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

24 (4) if recommended by the Commissioner or 

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1 tion of fees, not to exceed 3 percent of the ex-vessel 

2 value of fish harvested by vessels of the United 

3 States from fishery resources managed under this 

4 Act, to recover the actual costs to the United States 

5 of management and enforcement under this Act, 

6 which shall be deposited as an offsetting collection 

7 in, and credited to, the account providing appropria8 tions to carry out the functions of the Secretary 

9 under this Act; and 

10 (5) the issuance of permits to owners and oper11 ators of U.S. vessels to fish in the Convention Area 

12 seaward of the U.S. exclusive economic zone, under 

13 such terms and conditions as the Secretary may pre14 scribe, including the period of time that a permit is 

15 valid. 

16 (c) CONSISTENCY WITH OTHER LAWS.—The Sec17 retary shall ensure the consistency, to the extent prac18 ticable, of fishery management programs administered 

19 under this Act, the Magnuson-Stevens Fishery Conserva20 tion and Management Act (16 U.S.C. 1801 et seq.), the 

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

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

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

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

25 Tunas Convention Act (16 U.S.C. 971 et seq.), and the 


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1 Western and Central Pacific Fisheries Convention Imple2 mentation Act (16 U.S.C. 6901 et seq.). 

3 (d) SECRETARIAL ACTIONS.—Except as provided 

4 under subsection (e), the Secretary and the Secretary of 

5 the department in which the Coast Guard is operating 

6 shall prevent any person from violating this Act in the 

7 same manner, by the same means, and with the same ju8 risdiction, powers, and duties as though sections 308 

9 through 311 of the Magnuson-Stevens Fishery Conserva10 tion and Management Act (16 U.S.C. 1858, 1859, 1860, 

11 1861) were incorporated into and made a part of this Act. 

12 Any person that violates any provision of this Act is sub13 ject to the penalties and entitled to the privileges and im14 munities provided in the Magnuson-Stevens Fishery Con15 servation and Management Act (16 U.S.C. 1801 et seq.) 

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

17 same jurisdiction, power, and duties as though sections 

18 308 through 311 of that Act (16 U.S.C. 1858, 1859, 

19 1860, 1861) were incorporated into and made a part of 

20 this Act. 

21 (e) JURISDICTION OF THE COURTS.— 

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

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

24 shall have exclusive jurisdiction over any case or 


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1 controversy arising under the provisions of this Act, 

2 and any such court may at any time— 

3 (A) enter restraining orders or prohibi4 tions; 

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

6 other process; 

7 (C) prescribe and accept satisfactory bonds 

8 or other security; and 

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

10 interest of justice. 

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

12 the case of Hawaii or any possession of the United 

13 States in the Pacific Ocean, the appropriate court is 

14 the United States District Court for the District of 

15 Hawaii, except that— 

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

17 the appropriate court is the United States Dis18 trict Court for the District of Guam; and 

19 (B) in the case of the Northern Mariana 

20 Islands, the appropriate court is the United 

21 States District Court for the District of the 

22 Northern Mariana Islands. 

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

24 separate offense and the offense shall be deemed to 

25 have been committed not only in the district where 


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1 the violation first occurred, but also in any other 

2 district authorized by law. Any offense not com3 mitted in any district is subject to the venue provi4 sions of section 3238 of title 18, United States 

5 Code. 

6 (f) CONFIDENTIALITY.— 

7 (1) IN GENERAL.—Any information submitted 

8 to the Secretary in compliance with any requirement 

9 under this Act shall be confidential and may not be 

10 disclosed, except— 

11 (A) to a Federal employee who is respon12 sible for administering, implementing, and en13 forcing this Act; 

14 (B) to the Commission, in accordance with 

15 requirements in the South Pacific Fisheries 

16 Convention and decisions of the Commission, 

17 and, insofar as possible, in accordance with an 

18 agreement with the Commission that prevents 

19 public disclosure of the identity or business of 

20 any person; 

21 (C) to a State or Marine Fisheries Com22 mission employee pursuant to an agreement 

23 with the Secretary that prevents public disclo24 sure of the identity of any business or indi25 vidual; 


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1 (D) when required by court order; or 

2 (E) when the Secretary has obtained writ3 ten authorization from the person submitting 

4 such information to release such information to 

5 another person for a reason not otherwise pro6 vided for in this paragraph, and such release 

7 does not violate other requirements of this Act. 

8 (2) USE OF INFORMATION.— 

9 (A) IN GENERAL.—Except as provided 

10 under subparagraph (B), the Secretary shall 

11 promulgate regulations regarding the proce12 dures the Secretary considers necessary to pre13 serve the confidentiality of information under 

14 this Act. 

15 (B) EXCEPTION.—The Secretary may re16 lease or make public information submitted 

17 under this Act if the information is in any ag18 gregate or summary form that does not directly 

19 or indirectly disclose the identity or business of 

20 any person. 

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

22 subsection shall be interpreted or construed to pre23 vent the use for conservation and management pur24 poses by the Secretary of any information submitted 

25 under this Act. 


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1 SEC. 7. PROHIBITED ACTS. 

2 (a) IN GENERAL.—It is unlawful for any person— 

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

4 regulation or permit issued pursuant to this Act; 

5 (2) to use any fishing vessel to engage in fish6 ing after the revocation, or during the period of sus7 pension, on an applicable permit issued under this 

8 Act; 

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

10 enforce the provisions of this Act to board a fishing 

11 vessel subject to such person’s control for the pur12 poses of conducting any search, investigation, or in13 spection in connection with the enforcement of this 

14 Act or the South Pacific Fisheries Convention; 

15 (4) to forcibly assault, resist, oppose, impede, 

16 intimidate, or interfere with any such authorized of17 ficer in the conduct of any search, investigation, or 

18 inspection in connection with the enforcement of this 

19 Act or the South Pacific Fisheries Convention; 

20 (5) to resist a lawful arrest for any act prohib21 ited by this Act; 

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

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

24 custody, control, or possession of, any fishery re25 source taken or retained in violation of this Act or 


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1 any regulation, permit, or agreement referred to in 

2 paragraph (1) or (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 knowingly and willfully submit to the 

8 Secretary false information (including false informa9 tion regarding the capacity and extent to which a 

10 United States fish processor, on an annual basis, 

11 will process a portion of the optimum yield of a fish12 ery that will be harvested by fishing vessels of the 

13 United States), regarding any matter that the Sec14 retary is considering in the course of carrying out 

15 this Act; 

16 (9) to forcibly assault, resist, oppose, impede, 

17 intimidate, sexually harass, bribe, or interfere with 

18 any observer on a vessel under this Act, or any data 

19 collector employed by or under contract to any per20 son to carry out responsibilities under this Act; 

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

22 regulation adopted pursuant to this Act; 

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

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

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1 source taken or retained in violation of such regula2 tions; 

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

4 returns, statistical records, or other reports required 

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

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

7 and instructed to stop by a duly authorized official 

8 of the United States; or 

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

10 adopted pursuant to this Act, any fishery resource 

11 in any form of those species subject to regulation 

12 pursuant to a recommendation, resolution, or deci13 sion of the Commission, or any fishery resource in 

14 any form not under regulation but under investiga15 tion by the Commission, during the period the fish16 ery resource has been denied entry in accordance 

17 with the provisions of this Act. 

18 (b) ENTRY CERTIFICATION.—In the case of any fish19 ery resource described in subsection (a) offered for entry 

20 into the United States, the Secretary shall require proof 

21 satisfactory to the Secretary that the fishery resource is 

22 not ineligible for such entry under the terms of this Act. 

23 SEC. 8. COOPERATION IN CARRYING OUT CONVENTION. 

24 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI25 TUTIONS AND ORGANIZATIONS.—The Secretary may coVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6401 E:\BILLS\S2484.RS S2484

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1 operate with any Federal agency, any public or private in2 stitution or organization within the United States or 

3 abroad, and, through the Secretary of State, a duly au4 thorized official of the government of any party to the 

5 South Pacific Fisheries Convention, in carrying out re6 sponsibilities under this Act. 

7 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

8 AND PERSONNEL.—Each Federal agency is authorized, 

9 upon the request of the Secretary, to cooperate in the con10 duct of scientific and other programs and to furnish facili11 ties and personnel for the purpose of assisting the Com12 mission in carrying out its duties under the South Pacific 

13 Fisheries Convention. 

14 (c) SANCTIONED FISHING OPERATIONS AND BIO15 LOGICAL EXPERIMENTS.—Nothing in this Act, or in the 

16 laws of any State, prevents the Secretary or the Commis17 sion from— 

18 (1) conducting or authorizing the conduct of 

19 fishing operations and biological experiments at any 

20 time for purposes of scientific investigation; or 

21 (2) discharging any other duties prescribed by 

22 the South Pacific Fisheries Convention. 

23 (d) STATE JURISDICTION NOT AFFECTED.—Except 

24 as provided in subsection (e), nothing in this Act shall be 


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1 construed to diminish or to increase the jurisdiction of any 

2 State in the territorial sea of the United States. 

3 (e) APPLICATION OF REGULATIONS.— 

4 (1) IN GENERAL.—Regulations promulgated 

5 under this Act shall apply within the boundaries of 

6 any State bordering on the Convention Area if— 

7 (A) the Secretary has provided notice to 

8 the State; 

9 (B) the State does not request a formal 

10 agency hearing; and 

11 (C) the Secretary determines that the 

12 State— 

13 (i) has not, within a reasonable period 

14 of time after the promulgation of regula15 tions under this Act, enacted laws that im16 plement the recommendations of the Com17 mission within the boundaries of the State; 

18 or 

19 (ii) has enacted laws that implement 

20 the recommendations of the Commission 

21 within the boundaries of the State that— 

22 (I) are less restrictive than the 

23 regulations promulgated under this 

24 Act; or 

25 (II) are not effectively enforced. 


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1 (2) DETERMINATION BY SECRETARY.—The reg2 ulations promulgated under this Act shall apply until 

3 the Secretary determines that the State is effectively 

4 enforcing within that State’s boundaries measures 

5 that are as or more restrictive than the regulations 

6 promulgated under this Act. 

7 (3) FORMAL AGENCY HEARING.—If a State re8 quests a formal agency hearing, the Secretary shall 

9 not apply the regulations promulgated under this 

10 Act within that State’s boundaries unless the hear11 ing record supports a determination under clause (i) 

12 or (ii) of paragraph (1)(C). 

13 (f) REVIEW OF STATE LAWS AND REGULATIONS.— 

14 To ensure that the purposes of subsection (e) are carried 

15 out, the Secretary shall undertake a continuing review of 

16 the laws of each State to which subsection (e) applies or 

17 may apply and the extent to which such laws and regula18 tions are enforced. 

19 SEC. 9. TERRITORIAL PARTICIPATION. 

20 The Secretary of State shall ensure participation in 

21 the Commission and its subsidiary bodies by American 

22 Samoa, Guam, and the Commonwealth of the Northern 

23 Mariana Islands to the same extent provided to the terri24 tories of other nations. 


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1 SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

2 Masters of commercial fishing vessels of nations fish3 ing under the management authority of the South Pacific 

4 Fisheries Convention that do not carry vessel monitoring 

5 systems capable of communicating with U.S. enforcement 

6 authorities shall, prior to, or as soon as reasonably pos7 sible after, entering and transiting the exclusive economic 

8 zone seaward of the Convention Area— 

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

10 flag state, location, route, and destination of the ves11 sel and of the circumstances under which it will 

12 enter U.S. waters; 

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

14 vessel is stowed below deck or otherwise removed 

15 from the place it is normally used for fishing and 

16 placed where it is not readily available for fishing; 

17 and 

18 (3) if requested by an enforcement officer, pro19 ceed to a specified location so that a vessel inspec20 tion can be conducted. 

21 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

22 There are authorized to be appropriated to the Sec23 retary of Commerce such sums as may be necessary to 

24 carry out this Act and to pay the United States contribu25 tion to the Commission under Article 15 of the South Pa26 cific Fisheries Convention. 


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1 SECTION 1. SHORT TITLE. 

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

3 Convention Implementation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADVISORY COMMITTEE.—The term ‘‘Advisory 

7 Committee’’ means the advisory committee established 

8 under section 3. 

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

10 means the South Pacific Fisheries Commission estab11 lished pursuant to the South Pacific Fisheries Con12 vention. 

13 (3) COMMISSIONER.—The term ‘‘Commissioner’’ 

14 means a U.S. Commissioner appointed under section 

15 3. 

16 (4) CONVENTION AREA.—The term ‘‘Convention 

17 Area’’ means— 

18 (A) the waters of the Pacific Ocean beyond 

19 areas of national jurisdiction and in accordance 

20 with international law jurisdiction, bounded by 

21 the 10° parallel of north latitude and the 20° 

22 parallel of south latitude and by the 135° merid23 ian of east longitude and the 150° meridian of 

24 west longitude; and 


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1 (B) the waters of the Pacific Ocean beyond 

2 areas of national jurisdiction and in accordance 

3 with international law jurisdiction— 

4 (i) east of a line extending south along 

5 the 120° meridian of east longitude from the 

6 outer limit of the national jurisdiction of 

7 Australia off the south coast of Western 

8 Australia to the intersection with the 55° 

9 parallel of south latitude; then due east 

10 along the 55° parallel of south latitude to 

11 the intersection with the 150° meridian of 

12 east longitude; then due south along the 

13 150° meridian of east longitude to the inter14 section with the 60° parallel of south lati15 tude; 

16 (ii) north of a line extending east 

17 along the 60° parallel of south latitude from 

18 the 150° meridian of east longitude to the 

19 intersection with the 67° 16’ meridian of 

20 west longitude; 

21 (iii) west of a line extending north 

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

25 of the national jurisdiction of Chile; then 


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

5 (iv) south of a line extending west 

6 along the 2° parallel of north latitude (but 

7 not including the national jurisdiction of 

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

12 with 10° parallel of north latitude; then 

13 west along the 10° parallel of north latitude 

14 to its intersection with the outer limits of 

15 the national jurisdiction of the Marshall Is16 lands; and then generally south and around 

17 the outer limits of the national jurisdictions 

18 of Pacific States and territories, New Zea19 land and Australia until it connects to the 

20 commencement of the line described in 

21 clause (i). 

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

23 Western Pacific Regional Fishery Management Coun24 cil. 


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1 (6) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex2 clusive economic zone’’ means the zone established by 

3 Presidential Proclamation Numbered 5030 of March 

4 10, 1983. 

5 (7) FISHERY RESOURCES.— 

6 (A) IN GENERAL.—The term ‘‘fishery re7 sources’’ means all fish within the Convention 

8 Area. 

9 (B) INCLUSIONS.—The term ‘‘fishery re10 sources’’ includes mollusks, crustaceans, and 

11 other living marine resources as may be decided 

12 by the Commission. 

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

15 (i) sedentary species in so far as they 

16 are subject to the national jurisdiction of 

17 coastal States pursuant to Article 77 para18 graph 4 of the 1982 Convention; 

19 (ii) highly migratory species listed in 

20 Annex I of the 1982 Convention; 

21 (iii) anadromous species; 

22 (iv) catadromous species; 

23 (v) marine mammals; 

24 (vi) marine reptiles; or 

25 (vii) sea birds. 


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1 (8) FISHING.— 

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

3 means— 

4 (i) the actual or attempted searching 

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

7 (ii) engaging in any activity that can 

8 reasonably be expected to result in the locat9 ing, catching, taking, or harvesting of fish10 ery resources for any purpose; 

11 (iii) transshipment and any operation 

12 at sea in direct support of, or in prepara13 tion for, any activity described in this sub14 paragraph; or 

15 (iv) the use of any vessel, vehicle, air16 craft, or hovercraft, in relation to any ac17 tivity described in clauses (i) through (iii). 

18 (B) EXCLUSIONS.—The term ‘‘fishing’’ does 

19 not include any operation related to an emer20 gency involving the health or safety of a crew 

21 member or the safety of a fishing vessel. 

22 (9) FISHING VESSEL.—The term ‘‘fishing vessel’’ 

23 means any vessel used or intended for use for the pur24 pose of fishing, including a support ship, a carrier 


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1 vessel, or any other vessel directly involved in such 

2 fishing operations. 

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

4 Council’s Advisory Panel. 

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

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

7 or national of the United States; 

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

10 existing under the laws of any State; or 

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

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

15 the Secretary of Commerce. 

16 (13) SOUTH PACIFIC FISHERIES CONVENTION.— 

17 The term ‘‘South Pacific Fisheries Convention’’ 

18 means the Convention on the Conservation and Man19 agement of the High Seas Fishery Resources in the 

20 South Pacific Ocean (including any annexes, amend21 ments, or protocols that are in force, or have come 

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

23 at Auckland on November 14, 2009. 

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

25 the several States of the United States, the District of 


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1 Columbia, American Samoa, Guam, and any other 

2 commonwealth, territory, or possession of the United 

3 States. 

4 (15) STRADDLING STOCK.—The term ‘‘straddling 

5 stock’’ means a stock of fishery resources which mi6 grates between, or occurs in, the economic exclusion 

7 zone of 1 or more parties to the Convention and the 

8 Convention Area. 

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

11 fishery resources or fishery resources products derived 

12 from fishing in the Convention Area on board a fish13 ing vessel to another fishing vessel either at sea or in 

14 port. 

15 (17) 1982 CONVENTION.—The term ‘‘1982 Con16 vention’’ means the United Nations Convention on the 

17 Law of the Sea of 10 December 1982. 

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

19 (a) APPOINTMENT.— 

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

21 represented on the Commission by not more than 3 

22 U.S. Commissioners. In making each appointment, 

23 the President shall select a Commissioner from among 

24 individuals who are knowledgeable or experienced 


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1 concerning fishery resources in the South Pacific 

2 Ocean. 

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

5 (A) serving at the pleasure of the President, 

6 an officer or employee of— 

7 (i) the Department of Commerce; 

8 (ii) the Department of State; or 

9 (iii) the United States Coast Guard; 

10 and 

11 (B) the chairperson or designee of the Coun12 cil. 

13 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

14 State, in consultation with the Secretary, may designate 

15 from time to time and for periods of time considered appro16 priate an alternate Commissioner to the Commission. An 

17 alternate Commissioner may exercise all powers and duties 

18 of a Commissioner in the absence of a Commissioner ap19 pointed under subsection (a). 

20 (c) ADMINISTRATIVE MATTERS.— 

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

24 Government, shall not be considered a Federal em25 ployee, except for the purposes of injury compensation 


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1 or tort claims liability as provided in chapter 81 of 

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

3 28, United States Code. 

4 (2) COMPENSATION.—An individual serving as a 

5 Commissioner or an alternate Commissioner, al6 though an officer of the United States while so serv7 ing, shall receive no compensation for the individual’s 

8 services as such Commissioner or alternate Commis9 sioner. 

10 (3) TRAVEL EXPENSES.— 

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

12 shall pay the necessary travel expenses of a Com13 missioner or an alternate Commissioner in ac14 cordance with the Federal Travel Regulations 

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

16 5731 of title 5, United States Code. 

17 (B) REIMBURSEMENT.—The Secretary may 

18 reimburse the Secretary of State for amounts ex19 pended by the Secretary of State under this 

20 paragraph. 

21 (d) ADVISORY COMMITTEE.— 

22 (1) ESTABLISHMENT OF PERMANENT ADVISORY

23 COMMITTEE.— 

24 (A) MEMBERSHIP.—There is established an 

25 advisory committee which shall be composed of 7 


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1 members appointed by the Secretary, includ2 ing— 

3 (i) a member engaging in commercial 

4 fishing in the management area of the 

5 Council; 

6 (ii) 2 members from the indigenous 

7 population of the Pacific including a Native 

8 Hawaiian and a native-born inhabitant of 

9 any possession of the United States in the 

10 Pacific; 

11 (iii) a member that is a marine fish12 eries scientist and a member of the Coun13 cil’s Scientific and Statistical Committee; 

14 (iv) a member representing a non-gov15 ernmental organization active in fishery 

16 issues in the Pacific; 

17 (v) a member nominated by the Gov18 ernor of the State of Hawaii; and 

19 (vi) a member designated by the Coun20 cil. 

21 (B) TERMS AND PRIVILEGES.—Each mem22 ber of the Advisory Committee shall serve for a 

23 term of 2 years and shall be eligible for re24 appointment for not more than 3 consecutive 

25 terms. The Commissioners shall notify the AdviVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\S2484.RS S2484

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1 sory Committee in advance of each meeting of 

2 the Commissioners. The Advisory Committee 

3 may attend each meeting and may examine and 

4 be heard on all proposed programs, investiga5 tions, reports, recommendations, and regulations 

6 of the Commissioners. 

7 (C) PROCEDURES.—The Advisory Com8 mittee shall determine its organization and pre9 scribe its practices and procedures for carrying 

10 out its functions under this Act, the South Pa11 cific Fisheries Convention, and the Magnuson12 Stevens Fishery Conservation and Management 

13 Act (16 U.S.C. 1801 et seq.). The Advisory Com14 mittee shall publish and make available to the 

15 public a statement of its organization, practices, 

16 and procedures. A majority of the members of the 

17 Advisory Committee shall constitute a quorum to 

18 conduct business. Meetings of the Advisory Com19 mittee, except when in executive session, shall be 

20 open to the public. Prior notice of each non-exec21 utive meeting shall be made public in a timely 

22 fashion. The Advisory Committee shall not be 

23 subject to the Federal Advisory Committee Act (5 

24 U.S.C. App.). 


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1 (D) PROVISION OF INFORMATION.—The Sec2 retary and the Secretary of State shall furnish 

3 the Advisory Committee with relevant informa4 tion concerning fishery resources and inter5 national fishery agreements. 

6 (2) ADMINISTRATIVE MATTERS.— 

7 (A) SUPPORT SERVICES.—The Secretary 

8 shall provide to the Advisory Committee in a 

9 timely manner such administrative and tech10 nical support services as are necessary to func11 tion effectively. 

12 (B) COMPENSATION; STATUS; EXPENSES.— 

13 An individual appointed to serve as a member of 

14 the Advisory Committee— 

15 (i) shall serve without pay; and 

16 (ii) shall not be considered a Federal 

17 employee, except for the purposes of injury 

18 compensation or tort claims liability as 

19 provided in chapter 81 of title 5, United 

20 States Code, and chapter 171 of title 28, 

21 United States Code. 

22 (e) MEMORANDUM OF UNDERSTANDING.—For fishery 

23 resources in the Convention Area, the Secretary, in coordi24 nation with the Secretary of State, shall develop a memoVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6203 E:\BILLS\S2484.RS S2484

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1 randum of understanding with the Council that clarifies 

2 the role of the Council with respect to— 

3 (1) participation in U.S. delegations to inter4 national fishery organizations in the Pacific Ocean, 

5 including government-to-government consultations; 

6 (2) providing formal recommendations to the 

7 Secretary and the Secretary of State regarding nec8 essary measures for both domestic and foreign fishing 

9 vessels; 

10 (3) coordinating positions with the U.S. delega11 tion for presentation to the appropriate international 

12 fishery organization; and 

13 (4) recommending those domestic fishing regula14 tions that are consistent with the actions of the inter15 national fishery organization, for approval and im16 plementation under the Magnuson-Stevens Fishery 

17 Conservation and Management Act (16 U.S.C. 1801 

18 et seq.). 

19 SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SEC20 RETARY OF STATE. 

21 The Secretary of State may— 

22 (1) receive and transmit, on behalf of the United 

23 States, reports, requests, recommendations, proposals, 

24 decisions, and other communications of and to the 

25 Commission; 


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

2 disapprove, object to, or withdraw objections to by3 laws and rules, or amendments thereof, adopted by 

4 the Commission; 

5 (3) with the concurrence of the Secretary, ap6 prove or disapprove the general annual program of 

7 the Commission with respect to conservation and 

8 management measures and other measures proposed 

9 or adopted in accordance with the South Pacific Fish10 eries Convention; and 

11 (4) act upon, or refer to other appropriate au12 thority, any communication under paragraph (1). 

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

14 (a) PROMULGATION OF REGULATIONS.—The Sec15 retary, in consultation with the Secretary of State and, 

16 with respect to enforcement measures, the Secretary of the 

17 department in which the Coast Guard is operating, is au18 thorized to promulgate such regulations as may be nec19 essary to carry out U.S. international obligations under the 

20 South Pacific Fisheries Convention and this Act, including 

21 recommendations and decisions adopted by the Commis22 sion. If the Secretary has discretion in the implementation 

23 of 1 or more measures adopted by the Commission that 

24 would govern a straddling stock under the authority of the 

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1 ticable within the implementation schedule of the South Pa2 cific Fisheries Convention and any recommendations and 

3 decisions adopted by the Commission, such regulations in 

4 accordance with the procedures established by the Magnu5 son-Stevens Fishery Conservation and Management Act (16 

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

7 (b) RULE OF CONSTRUCTION.—Regulations promul8 gated under subsection (a) shall be applicable only to a per9 son or a fishing vessel that is or has engaged in fishing, 

10 or fishery resources covered by the South Pacific Fisheries 

11 Convention under this Act. 

12 (c) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

15 equipment, and facilities of other Federal departments and 

16 agencies in— 

17 (1) scientific, research, and other programs 

18 under this Act; 

19 (2) fishing operations and biological experiments 

20 for purposes of scientific investigation or other pur21 poses necessary to implement the South Pacific Fish22 eries Convention; 

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

24 such information as may be necessary to implement 

25 the South Pacific Fisheries Convention, subject to secVerDate Sep 11 2014 00:14 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6203 E:\BILLS\S2484.RS S2484

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1 tions 552 and 552a of title 5, United States Code, 

2 and section 402(b) of the Magnuson-Stevens Fishery 

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

4 1881a(b)); 

5 (4) if recommended by the Commissioners, the 

6 assessment and collection of fees, not to exceed 3 per7 cent of the ex-vessel value of fishery resources har8 vested by vessels of the United States in fisheries con9 ducted in the Convention Area, to recover the actual 

10 costs to the United States of management and enforce11 ment under this Act, which shall be deposited as an 

12 offsetting collection in, and credited to, the account 

13 providing appropriations to carry out the functions of 

14 the Secretary under this Act; and 

15 (5) the issuance of permits to owners and opera16 tors of U.S. vessels to engage in fishing in the Con17 vention Area seaward of the U.S. exclusive economic 

18 zone, under such terms and conditions as the Sec19 retary may prescribe, including the period of time 

20 that a permit is valid. 

21 (d) CONSISTENCY WITH OTHER LAWS.—The Secretary 

22 shall ensure the consistency, to the extent practicable, of 

23 fishery management programs administered under this Act, 

24 the Magnuson-Stevens Fishery Conservation and Manage25 ment Act (16 U.S.C. 1801 et seq.), the Tuna Conventions 


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1 Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna 

2 Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public 

3 Law 108–219 (16 U.S.C. 1821 note) (relating to Pacific 

4 albacore tuna), the Atlantic Tunas Convention Act (16 

5 U.S.C. 971 et seq.), and the Western and Central Pacific 

6 Fisheries Convention Implementation Act (16 U.S.C. 6901 

7 et seq.). 

8 (e) JUDICIAL REVIEW OF REGULATIONS.— 

9 (1) IN GENERAL.—Regulations promulgated by 

10 the Secretary under this Act shall be subject to judi11 cial review to the extent authorized by, and in accord12 ance with, chapter 7 of title 5, United States Code, 

13 if a petition for such review is filed not later than 30 

14 days after the date on which the regulations are pro15 mulgated or the action is published in the Federal 

16 Register, as applicable. 

17 (2) RESPONSES.—Notwithstanding any other 

18 provision of law, the Secretary shall file a response to 

19 any petition filed in accordance with paragraph (1), 

20 not later than 30 days after the date the Secretary is 

21 served with that petition, except that the appropriate 

22 court may extend the period for filing such a response 

23 upon a showing by the Secretary of good cause for 

24 that extension. 


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1 (3) COPIES OF ADMINISTRATIVE RECORD.—A re2 sponse of the Secretary under paragraph (2) shall in3 clude a copy of the administrative record for the regu4 lations that are the subject of the petition. 

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

6 the person who files a petition under this subsection, 

7 the appropriate court shall assign the matter for hear8 ing at the earliest possible date. 

9 SEC. 6. ENFORCEMENT. 

10 (a) IN GENERAL.—The Secretary and the Secretary of 

11 the department in which the Coast Guard is operating— 

12 (1) shall administer and enforce this Act and 

13 any regulations issued under this Act, except to the 

14 extent otherwise provided for in the Magnuson-Ste15 vens Fishery Conservation and Management Act (16 

16 U.S.C. 1801 et seq.); 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 Act. 

22 (b) SECRETARIAL ACTIONS.—Except as provided 

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

24 department in which the Coast Guard is operating shall 

25 prevent any person from violating this Act with respect to 


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1 fishing or the conservation of fishery resources in the Con2 vention Area in the same manner, by the same means, and 

3 with the same jurisdiction, powers, and duties as though 

4 sections 308 through 311 of the Magnuson-Stevens Fishery 

5 Conservation and Management Act (16 U.S.C. 1858, 1859, 

6 1860, 1861) were incorporated into and made a part of this 

7 Act. Any person that violates any provision of this Act is 

8 subject to the penalties and entitled to the privileges and 

9 immunities provided in the Magnuson-Stevens Fishery 

10 Conservation and Management Act (16 U.S.C. 1801 et seq.) 

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

12 jurisdiction, power, and duties as though sections 308 

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

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

15 (c) JURISDICTION OF THE COURTS.— 

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

17 (3), the district courts of the United States shall have 

18 exclusive jurisdiction over any case or controversy 

19 arising under the provisions of this Act, and any such 

20 court may at any time— 

21 (A) enter restraining orders or prohibitions; 

22 (B) issue warrants, process in rem, or other 

23 process; 

24 (C) prescribe and accept satisfactory bonds 

25 or other security; and 


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1 (D) take such other actions as are in the in2 terest of justice. 

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

4 the case of Hawaii or any possession of the United 

5 States in the Pacific Ocean, the appropriate court is 

6 the United States District Court for the District of 

7 Hawaii, except that— 

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

9 the appropriate court is the United States Dis10 trict Court for the District of Guam; and 

11 (B) in the case of the Northern Mariana Is12 lands, the appropriate court is the United States 

13 District Court for the District of the Northern 

14 Mariana Islands. 

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

16 separate offense and the offense shall be deemed to 

17 have been committed not only in the district where 

18 the violation first occurred, but also in any other dis19 trict authorized by law. Any offense not committed in 

20 any district is subject to the venue provisions of sec21 tion 3238 of title 18, United States Code. 

22 (d) CONFIDENTIALITY.— 

23 (1) IN GENERAL.—Any information submitted to 

24 the Secretary in compliance with any requirement 


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1 under this Act shall be confidential and may not be 

2 disclosed, except— 

3 (A) to a Federal employee who is respon4 sible for administering, implementing, or enforc5 ing this Act; 

6 (B) to the Commission, in accordance with 

7 requirements in the South Pacific Fisheries Con8 vention and decisions of the Commission, and, 

9 insofar as possible, in accordance with an agree10 ment with the Commission that prevents public 

11 disclosure of the identity or business of any per12 son; 

13 (C) to a State or Council employee pursu14 ant to an agreement with the Secretary that pre15 vents public disclosure of the identity or business 

16 of any person; 

17 (D) when required by court order; or 

18 (E) when the Secretary has obtained writ19 ten authorization from the person submitting 

20 such information to release such information to 

21 another person for a reason not otherwise pro22 vided for in this paragraph, and such release 

23 does not violate other requirements of this Act. 

24 (2) USE OF INFORMATION.— 


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1 (A) IN GENERAL.—Except as provided 

2 under subparagraph (B), the Secretary shall pro3 mulgate regulations regarding the procedures the 

4 Secretary considers necessary to preserve the con5 fidentiality of information under this Act. 

6 (B) EXCEPTION.—The Secretary may re7 lease or make public information submitted 

8 under this Act if the information is in any ag9 gregate or summary form that does not directly 

10 or indirectly disclose the identity or business of 

11 any person. 

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

13 subsection shall be interpreted or construed to prevent 

14 the use for conservation and management purposes by 

15 the Secretary of any information submitted under 

16 this Act. 

17 SEC. 7. PROHIBITED ACTS. 

18 It is unlawful for any person— 

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

20 regulation or permit issued pursuant to this Act; 

21 (2) to use any fishing vessel to engage in fishing 

22 without, or after the revocation or during the period 

23 of suspension of, an applicable permit issued under 

24 this Act; 


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

2 enforce the provisions of this Act to board a fishing 

3 vessel subject to such person’s control for the purposes 

4 of conducting any search, investigation, or inspection 

5 in connection with the enforcement of this Act or the 

6 South Pacific Fisheries Convention; 

7 (4) to assault, resist, oppose, impede, intimidate, 

8 or interfere with any such authorized officer in the 

9 conduct of any search, investigation, or inspection in 

10 connection with the enforcement of this Act or the 

11 South Pacific Fisheries 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 fishery re18 sources taken or retained in violation of this Act or 

19 any regulation or permit referred to in paragraph (1) 

20 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 Sec2 retary false information (including false information 

3 regarding the capacity and extent to which a United 

4 States fish processor, on an annual basis, will process 

5 a portion of the optimum yield of a fishery that will 

6 be harvested by fishing vessels of the United States), 

7 regarding any matter that the Secretary is consid8 ering in the course of carrying out this Act; 

9 (9) to assault, resist, oppose, impede, intimidate, 

10 sexually harass, bribe, or interfere with any observer 

11 on a vessel under this Act, or any data collector em12 ployed by or under contract to any person to carry 

13 out responsibilities under this Act; 

14 (10) to engage in fishing in violation of any reg15 ulation adopted pursuant to this Act; 

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

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

18 in custody, possession, or control any fishery re19 sources taken or retained in violation of such regula20 tions; 

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

22 returns, statistical records, or other reports required 

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


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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 fishery resources in 

6 any form of those species subject to regulation pursu7 ant to a recommendation, resolution, or decision of 

8 the Commission, or any fishery resources in any form 

9 not under regulation but under investigation by the 

10 Commission, during the period the fishery resources 

11 have been denied entry in accordance with the provi12 sions of this Act; 

13 (15) to make or submit any false record, account, 

14 or label for, or any false identification of, any fishery 

15 resources which have been, or are intended to be im16 ported, exported, transported, sold, offered for sale, 

17 purchased, or received in interstate or foreign com18 merce; 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 author7 ized official of the government of any party to the South 

8 Pacific Fisheries Convention, in carrying out responsibil9 ities 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 Commis15 sion in carrying out its duties under the South Pacific 

16 Fisheries Convention. 

17 (c) SANCTIONED FISHING OPERATIONS AND BIOLOGI18 CAL EXPERIMENTS.—Nothing in this Act, or in the laws 

19 of any State, prevents the Secretary or the Commission 

20 from— 

21 (1) conducting or authorizing the conduct of fish22 ing operations and biological experiments at any time 

23 for purposes of scientific investigation; or 

24 (2) discharging any other duties prescribed by 

25 the South 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 American 

8 Samoa, Guam, and the Commonwealth of the Northern 

9 Mariana Islands to the same extent provided to the terri10 tories of other nations. 

11 SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

12 Masters of commercial fishing vessels of nations fishing 

13 under the management authority of the South Pacific Fish14 eries Convention that do not carry vessel monitoring sys15 tems capable of communicating with U.S. enforcement au16 thorities shall, prior to, or as soon as reasonably possible 

17 after, entering and transiting the exclusive economic zone 

18 seaward of the Convention Area— 

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

20 flag state, location, route, and destination of the vessel 

21 and of the circumstances under which it will enter 

22 U.S. waters; 

23 (2) ensure that all fishing gear on board the ves24 sel is stowed below deck or otherwise removed from the 


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1 place it is normally used for fishing and placed where 

2 it is not readily available for fishing; and 

3 (3) if requested by an enforcement officer, pro4 ceed to a specified location so that a vessel inspection 

5 can be conducted. 

6 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

7 (a) IN GENERAL.—There are authorized to be appro8 priated to the Secretary and the Secretary of State such 

9 sums as may be necessary to carry out this Act and to pay 

10 the United States contribution to the Commission under Ar11 ticle 15 of the South Pacific Fisheries Convention. 

12 (b) INTERNATIONAL COOPERATION AND ASSIST13 ANCE.— 

14 (1) IN GENERAL.—Subject to the limits of avail15 able appropriations and consistent with applicable 

16 law, the Secretary or the Secretary of State shall pro17 vide appropriate assistance, including grants, to de18 veloping nations and international organizations of 

19 which such nations are members to assist those na20 tions in meeting their obligations under the Conven21 tion. 

22 (2) TRANSFER OF FUNDS.—Subject to the limits 

23 of available appropriations and consistent with other 

24 applicable law, the Secretary and the Secretary of 

25 State are authorized to transfer funds to any foreign 


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1 government, international, non-governmental, or 

2 international organization, including the Commis3 sion, for purposes of carrying out the international 

4 responsibilities under paragraph (1). 


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Calendar No. 622 

113TH CONGRESS 

2D SESSION S. 2484 

A BILL 

To implement the Convention on the Conservation 

other purposes. at Auckland on November 14, 2009, and for sources in the South Pacific Ocean, as adopted and Management of the High Seas Fishery ReDECEMBER 8, 2014 

Reported with an amendment 


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