```

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2484 Reported in Senate (RS)]

                                                       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.

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

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``South Pacific Fisheries 
Convention Implementation Act''.</DELETED>

<DELETED>SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    In this Act:</DELETED>
        <DELETED>    (1) Advisory committee.--The term ``Advisory 
        Committee'' means the advisory committee established under 
        section 3.</DELETED>
        <DELETED>    (2) Commission.--The term ``Commission'' means the 
        South Pacific Fisheries Commission established pursuant to the 
        South Pacific Fisheries Convention.</DELETED>
        <DELETED>    (3) Commissioner.--The term ``Commissioner'' means 
        a U.S. Commissioner appointed under section 3.</DELETED>
        <DELETED>    (4) Convention area.--The term ``Convention Area'' 
        means--</DELETED>
                <DELETED>    (A) the waters of the Pacific Ocean beyond 
                areas of national jurisdiction and in accordance with 
                international law jurisdiction, bounded by the 10 
                parallel of north latitude and the 20 parallel of 
                south latitude and by the 135 meridian of east 
                longitude and the 150 meridian of west longitude; 
                and</DELETED>
                <DELETED>    (B) the waters of the Pacific Ocean beyond 
                areas of national jurisdiction and in accordance with 
                international law jurisdiction--</DELETED>
                        <DELETED>    (i) east of a line extending south 
                        along the 120 meridian of east longitude from 
                        the outer limit of the national jurisdiction of 
                        Australia off the south coast of Western 
                        Australia to the intersection with the 55 
                        parallel of south latitude; then due east along 
                        the 55 parallel of south latitude to the 
                        intersection with the 150 meridian of east 
                        longitude; then due south along the 150 
                        meridian of east longitude to the intersection 
                        with the 60 parallel of south 
                        latitude;</DELETED>
                        <DELETED>    (ii) north of a line extending 
                        east along the 60 parallel of south latitude 
                        from the 150 meridian of east longitude to the 
                        intersection with the 67 16' meridian of west 
                        longitude;</DELETED>
                        <DELETED>    (iii) west of a line extending 
                        north along the 67 16' meridian of west 
                        longitude from the 60 parallel of south 
                        latitude to its intersection with the outer 
                        limit of the national jurisdiction of Chile; 
                        then along the outer limits of the national 
                        jurisdictions of Chile, Peru, Ecuador and 
                        Colombia to the intersection with the 2 
                        parallel of north latitude; and</DELETED>
                        <DELETED>    (iv) south of a line extending 
                        west along the 2 parallel of north latitude 
                        (but not including the national jurisdiction of 
                        Ecuador (Galapagos Islands)) to the 
                        intersection with the 150 meridian of west 
                        longitude; then due north along the 150 
                        meridian of west longitude to its intersection 
                        with 10 parallel of north latitude; then west 
                        along the 10 parallel of north latitude to its 
                        intersection with the outer limits of the 
                        national jurisdiction of the Marshall Islands; 
                        and then generally south and around the outer 
                        limits of the national jurisdictions of Pacific 
                        States and territories, New Zealand and 
                        Australia until it connects to the commencement 
                        of the line described in clause (i).</DELETED>
        <DELETED>    (5) Council.--The term ``Council'' means the 
        Western Pacific Regional Fishery Management Council.</DELETED>
        <DELETED>    (6) Exclusive economic zone.--The term ``exclusive 
        economic zone'' means the zone established by Presidential 
        Proclamation Numbered 5030 of March 10, 1983.</DELETED>
        <DELETED>    (7) Fishery resources.--</DELETED>
                <DELETED>    (A) In general.--The term ``fishery 
                resources'' means all fish within the Convention 
                Area.</DELETED>
                <DELETED>    (B) Inclusions.--The term ``fishery 
                resources'' includes mollusks, crustaceans, and other 
                living marine resources as may be decided by the 
                Commission.</DELETED>
                <DELETED>    (C) Exclusions.--The term ``fishery 
                resources'' does not include--</DELETED>
                        <DELETED>    (i) sedentary species in so far as 
                        they are subject to the national jurisdiction 
                        of coastal States pursuant to Article 77 
                        paragraph 4 of the 1982 Convention;</DELETED>
                        <DELETED>    (ii) highly migratory species 
                        listed in Annex I of the 1982 
                        Convention;</DELETED>
                        <DELETED>    (iii) anadromous 
                        species;</DELETED>
                        <DELETED>    (iv) catadromous 
                        species;</DELETED>
                        <DELETED>    (v) marine mammals;</DELETED>
                        <DELETED>    (vi) marine reptiles; or</DELETED>
                        <DELETED>    (vii) sea birds.</DELETED>
        <DELETED>    (8) Fishing.--</DELETED>
                <DELETED>    (A) In general.--The term ``fishing'' 
                means--</DELETED>
                        <DELETED>    (i) the actual or attempted 
                        searching for, catching, taking, or harvesting 
                        of fishery resources;</DELETED>
                        <DELETED>    (ii) engaging in any activity that 
                        can reasonably be expected to result in the 
                        locating, catching, taking, or harvesting of 
                        fishery resources for any purpose;</DELETED>
                        <DELETED>    (iii) transshipment and any 
                        operation at sea in direct support of, or in 
                        preparation for, any activity described in this 
                        subparagraph; and</DELETED>
                        <DELETED>    (iv) the use of any vessel, 
                        vehicle, aircraft, or hovercraft, in relation 
                        to any activity described in clauses (i) 
                        through (iii).</DELETED>
                <DELETED>    (B) Exclusions.--The term ``fishing'' does 
                not include any operation related to an emergency 
                involving the health or safety of a crew member or the 
                safety of a fishing vessel.</DELETED>
        <DELETED>    (9) Fishing vessel.--The term ``fishing vessel'' 
        means any vessel used or intended for use for the purpose of 
        fishing, including a support ship, a carrier vessel, or any 
        other vessel directly involved in such fishing 
        operations.</DELETED>
        <DELETED>    (10) Panel.--The term ``Panel'' means the Western 
        Pacific Regional Fishery Management Council's Advisory 
        Panel.</DELETED>
        <DELETED>    (11) Person.--The term ``person'' means--
        </DELETED>
                <DELETED>    (A) any individual, whether or not a 
                citizen or national of the United States;</DELETED>
                <DELETED>    (B) any corporation, partnership, 
                association, or other entity, whether or not organized 
                or existing under the laws of any State; and</DELETED>
                <DELETED>    (C) any Federal, State, local, tribal, or 
                foreign government or any entity of such 
                government.</DELETED>
        <DELETED>    (12) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.</DELETED>
        <DELETED>    (13) South pacific fisheries convention.--The term 
        ``South Pacific Fisheries Convention'' means the Convention on 
        the Conservation and Management of the High Seas Fishery 
        Resources in the South Pacific Ocean (including any annexes, 
        amendments, or protocols that are in force, or have come into 
        force, for the United States), which was adopted at Auckland on 
        November 14, 2009.</DELETED>
        <DELETED>    (14) State.--The term ``State'' means each of the 
        several States of the United States, the District of Columbia, 
        American Samoa, Guam, and any other commonwealth, territory, or 
        possession of the United States.</DELETED>
        <DELETED>    (15) Transshipment.--The term ``transshipment'' 
        means the unloading of all or any of the fishery resources or 
        fishery resource products derived from fishing in the 
        Convention Area on board a fishing vessel to another fishing 
        vessel either at sea or in port.</DELETED>
        <DELETED>    (16) 1982 convention.--The term ``1982 
        Convention'' means the United Nations Convention on the Law of 
        the Sea of 10 December 1982.</DELETED>

<DELETED>SEC. 3. APPOINTMENT OF UNITED STATES COMMISSIONER.</DELETED>

<DELETED>    (a) Appointment.--The United States shall be represented 
on the Commission by 1 U.S. Commissioner. The President shall appoint 
an individual to serve on the Commission at the pleasure of the 
President. In making an appointment, the President shall select an 
individual who is knowledgeable or experienced concerning fishery 
resources in the South Pacific Ocean.</DELETED>
<DELETED>    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time considered appropriate an alternate Commissioner to 
the Commission. An alternate Commissioner may exercise all powers and 
duties of a Commissioner in the absence, for whatever reason, of a 
Commissioner appointed under subsection (a).</DELETED>
<DELETED>    (c) Administrative Matters.--</DELETED>
        <DELETED>    (1) Employment status.--An individual serving as a 
        Commissioner, or as an alternate Commissioner, other than an 
        officer or employee of the U.S. Government, shall not be 
        considered a Federal employee, except for the purposes of 
        injury compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code and chapter 171 of 
        title 28, United States Code.</DELETED>
        <DELETED>    (2) Compensation.--An individual serving as a 
        Commissioner or an alternate Commissioner, although an officer 
        of the United States while so serving, shall receive no 
        compensation for the individual's services as such Commissioner 
        or alternate Commissioner.</DELETED>
        <DELETED>    (3) Travel expenses.--</DELETED>
                <DELETED>    (A) In general.--The Secretary of State 
                shall pay the necessary travel expenses of a 
                Commissioner or an alternate Commissioner in accordance 
                with the Federal Travel Regulations and sections 5701, 
                5702, 5704 through 5708, and 5731 of title 5, United 
                States Code.</DELETED>
                <DELETED>    (B) Reimbursement.--The Secretary may 
                reimburse the Secretary of State for amounts expended 
                by the Secretary of State under this 
                paragraph.</DELETED>
<DELETED>    (d) Advisory Committee.--</DELETED>
        <DELETED>    (1) Establishment of permanent advisory 
        committee.--</DELETED>
                <DELETED>    (A) Membership.--There is established an 
                advisory committee which shall be composed of--
                </DELETED>
                        <DELETED>    (i) not less than 15 nor more than 
                        20 individuals appointed by the Secretary in 
                        consultation with the Commissioner, who shall 
                        select such individuals from the various groups 
                        concerned with the fishery resources covered by 
                        the South Pacific Fisheries Convention, 
                        providing, to the maximum extent practicable, 
                        an equitable balance among such groups; 
                        and</DELETED>
                        <DELETED>    (ii) the chairperson of the Panel 
                        or the chairperson's designee.</DELETED>
                <DELETED>    (B) Terms and privileges.--Each member of 
                the Advisory Committee shall serve for a term of 2 
                years and shall be eligible for reappointment. The 
                Commissioner shall notify in advance the Advisory 
                Committee of each meeting of the Commission. The 
                Advisory Committee may attend each meeting and may 
                examine and be heard on all proposed programs of 
                investigation, reports, recommendations, and 
                regulations of the Commission.</DELETED>
                <DELETED>    (C) Procedures.--The Advisory Committee 
                shall determine its organization and prescribe its 
                practices and procedures for carrying out its functions 
                under this Act, the South Pacific Fisheries Convention, 
                and the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.). The Advisory 
                Committee shall publish and make available to the 
                public a statement of its organization, practices, and 
                procedures. A majority of the members of the Advisory 
                Committee shall constitute a quorum to conduct 
                business. Meetings of the Advisory Committee, except 
                when in executive session, shall be open to the public. 
                Prior notice of each non-executive meeting shall be 
                made public in a timely fashion. The Advisory Committee 
                shall not be subject to the Federal Advisory Committee 
                Act (5 U.S.C. App.).</DELETED>
                <DELETED>    (D) Provision of information.--The 
                Secretary and the Secretary of State shall furnish the 
                Advisory Committee with relevant information concerning 
                fishery resources and international fishery 
                agreements.</DELETED>
        <DELETED>    (2) Administrative matters.--</DELETED>
                <DELETED>    (A) Support services.--The Secretary shall 
                provide to the Advisory Committee in a timely manner 
                such administrative and technical support services as 
                are necessary to function effectively.</DELETED>
                <DELETED>    (B) Compensation; status; expenses.--An 
                individual appointed to serve as a member of the 
                Advisory Committee--</DELETED>
                        <DELETED>    (i) shall serve without pay, but 
                        while away from the individual's home or 
                        regular place of business in the performance of 
                        services for the Advisory Committee shall be 
                        allowed travel expenses, including per diem in 
                        lieu of subsistence, in the same manner as a 
                        person employed intermittently in the 
                        Government service is allowed expenses under 
                        section 5703 of title 5, United States Code; 
                        and</DELETED>
                        <DELETED>    (ii) shall not be considered a 
                        Federal employee, except for the purposes of 
                        injury compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code and chapter 171 of title 28, United 
                        States Code.</DELETED>
<DELETED>    (e) Memorandum of Understanding.--For fishery resources in 
the Convention Area, the Secretary, in coordination with the Secretary 
of State, shall develop a memorandum of understanding with the Council, 
that clarifies the role of the Council with respect to--</DELETED>
        <DELETED>    (1) participation in U.S. delegations to 
        international fishery organizations in the Pacific Ocean, 
        including government-to-government consultations;</DELETED>
        <DELETED>    (2) providing formal recommendations to the 
        Secretary and the Secretary of State regarding necessary 
        measures for both domestic and foreign vessels fishing for 
        fishery resources;</DELETED>
        <DELETED>    (3) coordinating positions with the U.S. 
        delegation for presentation to the appropriate international 
        fishery organization; and</DELETED>
        <DELETED>    (4) recommending those domestic fishing 
        regulations that are consistent with the actions of the 
        international fishery organization, for approval and 
        implementation under the Magnuson-Stevens Fishery Conservation 
        and Management Act (16 U.S.C. 1801 et seq.).</DELETED>

<DELETED>SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
              STATE.</DELETED>

<DELETED>    The Secretary of State may--</DELETED>
        <DELETED>    (1) receive and transmit, on behalf of the United 
        States, reports, requests, recommendations, proposals, 
        decisions, and other communications of and to the 
        Commission;</DELETED>
        <DELETED>    (2) in consultation with the Secretary, approve, 
        disapprove, object to, or withdraw objections to bylaws and 
        rules, or amendments thereof, adopted by the 
        Commission;</DELETED>
        <DELETED>    (3) with the concurrence of the Secretary, approve 
        or disapprove the general annual program of the Commission with 
        respect to conservation and management measures and other 
        measures proposed or adopted in accordance with the South 
        Pacific Fisheries Convention; and</DELETED>
        <DELETED>    (4) act upon, or refer to other appropriate 
        authority, any communication under paragraph (1).</DELETED>

<DELETED>SEC. 5. RULEMAKING AUTHORITY OF THE SECRETARY OF 
              COMMERCE.</DELETED>

<DELETED>    (a) Promulgation of Regulations.--The Secretary, in 
consultation with the Secretary of State and, with respect to 
enforcement measures, the Secretary of the department in which the 
Coast Guard is operating, is authorized to promulgate such regulations 
as may be necessary to carry out U.S. international obligations under 
the South Pacific Fisheries Convention and this Act, including 
recommendations and decisions adopted by the Commission. If the 
Secretary has discretion in the implementation of 1 or more measures 
adopted by the Commission that would govern fishery resources under the 
authority of the Council, the Secretary may promulgate, to the extent 
practicable within the implementation schedule of the South Pacific 
Fisheries Convention and any recommendations and decisions adopted by 
the Commission, such regulations in accordance with the procedures 
established by the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).</DELETED>
<DELETED>    (b) Judicial Review of Regulations.--</DELETED>
        <DELETED>    (1) In general.--Regulations promulgated by the 
        Secretary under this Act shall be subject to judicial review to 
        the extent authorized by, and in accordance with, chapter 7 of 
        title 5, United States Code, if a petition for such review is 
        filed not later than 30 days after the date on which the 
        regulations are promulgated or the action is published in the 
        Federal Register, as applicable.</DELETED>
        <DELETED>    (2) Responses.--Notwithstanding any other 
        provision of law, the Secretary shall file a response to any 
        petition filed in accordance with paragraph (1), not later than 
        30 days after the date the Secretary is served with that 
        petition, except that the appropriate court may extend the 
        period for filing such a response upon a showing by the 
        Secretary of good cause for that extension.</DELETED>
        <DELETED>    (3) Copies of administrative record.--A response 
        of the Secretary under paragraph (2) shall include a copy of 
        the administrative record for the regulations that are the 
        subject of the petition.</DELETED>
        <DELETED>    (4) Expedited hearings.--Upon a motion by the 
        person who files a petition under this subsection, the 
        appropriate court shall assign the matter for hearing at the 
        earliest possible date.</DELETED>

<DELETED>SEC. 6. ENFORCEMENT.</DELETED>

<DELETED>    (a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating--</DELETED>
        <DELETED>    (1) shall administer and enforce this Act and any 
        regulations issued under this Act, except to the extent 
        otherwise provided for in the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.); 
        and</DELETED>
        <DELETED>    (2) may request and utilize on a reimbursed or 
        non-reimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments and 
        agencies in the administration and enforcement of this 
        Act.</DELETED>
<DELETED>    (b) Additional Authority.--The Secretary may conduct, and 
may request and utilize on a reimbursed or non-reimbursed basis the 
assistance, services, personnel, equipment, and facilities of other 
Federal departments and agencies in--</DELETED>
        <DELETED>    (1) scientific, research, and other programs under 
        this Act;</DELETED>
        <DELETED>    (2) fishing operations and biological experiments 
        for purposes of scientific investigation or other purposes 
        necessary to implement the South Pacific Fisheries 
        Convention;</DELETED>
        <DELETED>    (3) the collection, utilization, and disclosure of 
        such information as may be necessary to implement the South 
        Pacific Fisheries Convention, subject to sections 552 and 552a 
        of title 5, United States Code, and section 402(b) of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1881a(b));</DELETED>
        <DELETED>    (4) if recommended by the Commissioner or proposed 
        by the Council, the assessment and collection of fees, not to 
        exceed 3 percent of the ex-vessel value of fish harvested by 
        vessels of the United States from fishery resources managed 
        under this Act, to recover the actual costs to the United 
        States of management and enforcement under this Act, which 
        shall be deposited as an offsetting collection in, and credited 
        to, the account providing appropriations to carry out the 
        functions of the Secretary under this Act; and</DELETED>
        <DELETED>    (5) the issuance of permits to owners and 
        operators of U.S. vessels to fish in the Convention Area 
        seaward of the U.S. exclusive economic zone, under such terms 
        and conditions as the Secretary may prescribe, including the 
        period of time that a permit is valid.</DELETED>
<DELETED>    (c) Consistency With Other Laws.--The Secretary shall 
ensure the consistency, to the extent practicable, of fishery 
management programs administered under this Act, the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the 
Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific 
Tuna Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law 
108-219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the 
Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.), and the Western 
and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 
6901 et seq.).</DELETED>
<DELETED>    (d) Secretarial Actions.--Except as provided under 
subsection (e), the Secretary and the Secretary of the department in 
which the Coast Guard is operating shall prevent any person from 
violating this Act in the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though sections 308 through 
311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858, 1859, 1860, 1861) were incorporated into and made a part 
of this Act. Any person that violates any provision of this Act is 
subject to the penalties and entitled to the privileges and immunities 
provided in the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) in the same manner, by the same means, and 
with the same jurisdiction, power, and duties as though sections 308 
through 311 of that Act (16 U.S.C. 1858, 1859, 1860, 1861) were 
incorporated into and made a part of this Act.</DELETED>
<DELETED>    (e) Jurisdiction of the Courts.--</DELETED>
        <DELETED>    (1) In general.--Subject to paragraphs (2) and 
        (3), the district courts of the United States shall have 
        exclusive jurisdiction over any case or controversy arising 
        under the provisions of this Act, and any such court may at any 
        time--</DELETED>
                <DELETED>    (A) enter restraining orders or 
                prohibitions;</DELETED>
                <DELETED>    (B) issue warrants, process in rem, or 
                other process;</DELETED>
                <DELETED>    (C) prescribe and accept satisfactory 
                bonds or other security; and</DELETED>
                <DELETED>    (D) take such other actions as are in the 
                interest of justice.</DELETED>
        <DELETED>    (2) Hawaii and pacific insular areas.--In the case 
        of Hawaii or any possession of the United States in the Pacific 
        Ocean, the appropriate court is the United States District 
        Court for the District of Hawaii, except that--</DELETED>
                <DELETED>    (A) in the case of Guam and Wake Island, 
                the appropriate court is the United States District 
                Court for the District of Guam; and</DELETED>
                <DELETED>    (B) in the case of the Northern Mariana 
                Islands, the appropriate court is the United States 
                District Court for the District of the Northern Mariana 
                Islands.</DELETED>
        <DELETED>    (3) Construction.--Each violation shall be a 
        separate offense and the offense shall be deemed to have been 
        committed not only in the district where the violation first 
        occurred, but also in any other district authorized by law. Any 
        offense not committed in any district is subject to the venue 
        provisions of section 3238 of title 18, United States 
        Code.</DELETED>
<DELETED>    (f) Confidentiality.--</DELETED>
        <DELETED>    (1) In general.--Any information submitted to the 
        Secretary in compliance with any requirement under this Act 
        shall be confidential and may not be disclosed, except--
        </DELETED>
                <DELETED>    (A) to a Federal employee who is 
                responsible for administering, implementing, and 
                enforcing this Act;</DELETED>
                <DELETED>    (B) to the Commission, in accordance with 
                requirements in the South Pacific Fisheries Convention 
                and decisions of the Commission, and, insofar as 
                possible, in accordance with an agreement with the 
                Commission that prevents public disclosure of the 
                identity or business of any person;</DELETED>
                <DELETED>    (C) to a State or Marine Fisheries 
                Commission employee pursuant to an agreement with the 
                Secretary that prevents public disclosure of the 
                identity of any business or individual;</DELETED>
                <DELETED>    (D) when required by court order; 
                or</DELETED>
                <DELETED>    (E) when the Secretary has obtained 
                written authorization from the person submitting such 
                information to release such information to another 
                person for a reason not otherwise provided for in this 
                paragraph, and such release does not violate other 
                requirements of this Act.</DELETED>
        <DELETED>    (2) Use of information.--</DELETED>
                <DELETED>    (A) In general.--Except as provided under 
                subparagraph (B), the Secretary shall promulgate 
                regulations regarding the procedures the Secretary 
                considers necessary to preserve the confidentiality of 
                information under this Act.</DELETED>
                <DELETED>    (B) Exception.--The Secretary may release 
                or make public information submitted under this Act if 
                the information is in any aggregate or summary form 
                that does not directly or indirectly disclose the 
                identity or business of any person.</DELETED>
        <DELETED>    (3) Rule of construction.--Nothing in this 
        subsection shall be interpreted or construed to prevent the use 
        for conservation and management purposes by the Secretary of 
        any information submitted under this Act.</DELETED>

<DELETED>SEC. 7. PROHIBITED ACTS.</DELETED>

<DELETED>    (a) In General.--It is unlawful for any person--</DELETED>
        <DELETED>    (1) to violate any provision of this Act or any 
        regulation or permit issued pursuant to this Act;</DELETED>
        <DELETED>    (2) to use any fishing vessel to engage in fishing 
        after the revocation, or during the period of suspension, on an 
        applicable permit issued under this Act;</DELETED>
        <DELETED>    (3) to refuse to permit any officer authorized to 
        enforce the provisions of this Act to board a fishing vessel 
        subject to such person's control for the purposes of conducting 
        any search, investigation, or inspection in connection with the 
        enforcement of this Act or the South Pacific Fisheries 
        Convention;</DELETED>
        <DELETED>    (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigation, or inspection in 
        connection with the enforcement of this Act or the South 
        Pacific Fisheries Convention;</DELETED>
        <DELETED>    (5) to resist a lawful arrest for any act 
        prohibited by this Act;</DELETED>
        <DELETED>    (6) to knowingly and willfully ship, transport, 
        offer for sale, sell, purchase, import, export, or have 
        custody, control, or possession of, any fishery resource taken 
        or retained in violation of this Act or any regulation, permit, 
        or agreement referred to in paragraph (1) or (2);</DELETED>
        <DELETED>    (7) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, knowing 
        that such other person has committed any act prohibited by this 
        section;</DELETED>
        <DELETED>    (8) to knowingly and willfully submit to the 
        Secretary false information (including false information 
        regarding the capacity and extent to which a United States fish 
        processor, on an annual basis, will process a portion of the 
        optimum yield of a fishery that will be harvested by fishing 
        vessels of the United States), regarding any matter that the 
        Secretary is considering in the course of carrying out this 
        Act;</DELETED>
        <DELETED>    (9) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any 
        observer on a vessel under this Act, or any data collector 
        employed by or under contract to any person to carry out 
        responsibilities under this Act;</DELETED>
        <DELETED>    (10) to engage in fishing in violation of any 
        regulation adopted pursuant to this Act;</DELETED>
        <DELETED>    (11) to knowingly and willfully ship, transport, 
        purchase, sell, offer for sale, import, export, or have in 
        custody, possession, or control any fishery resource taken or 
        retained in violation of such regulations;</DELETED>
        <DELETED>    (12) to fail to make, keep, or furnish any catch 
        returns, statistical records, or other reports required to be 
        made, kept, or furnished under this Act;</DELETED>
        <DELETED>    (13) to fail to stop a vessel upon being hailed 
        and instructed to stop by a duly authorized official of the 
        United States; or</DELETED>
        <DELETED>    (14) to import, in violation of any regulation 
        adopted pursuant to this Act, any fishery resource in any form 
        of those species subject to regulation pursuant to a 
        recommendation, resolution, or decision of the Commission, or 
        any fishery resource in any form not under regulation but under 
        investigation by the Commission, during the period the fishery 
        resource has been denied entry in accordance with the 
        provisions of this Act.</DELETED>
<DELETED>    (b) Entry Certification.--In the case of any fishery 
resource described in subsection (a) offered for entry into the United 
States, the Secretary shall require proof satisfactory to the Secretary 
that the fishery resource is not ineligible for such entry under the 
terms of this Act.</DELETED>

<DELETED>SEC. 8. COOPERATION IN CARRYING OUT CONVENTION.</DELETED>

<DELETED>    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with any Federal agency, 
any public or private institution or organization within the United 
States or abroad, and, through the Secretary of State, a duly 
authorized official of the government of any party to the South Pacific 
Fisheries Convention, in carrying out responsibilities under this 
Act.</DELETED>
<DELETED>    (b) Scientific and Other Programs; Facilities and 
Personnel.--Each Federal agency is authorized, upon the request of the 
Secretary, to cooperate in the conduct of scientific and other programs 
and to furnish facilities and personnel for the purpose of assisting 
the Commission in carrying out its duties under the South Pacific 
Fisheries Convention.</DELETED>
<DELETED>    (c) Sanctioned Fishing Operations and Biological 
Experiments.--Nothing in this Act, or in the laws of any State, 
prevents the Secretary or the Commission from--</DELETED>
        <DELETED>    (1) conducting or authorizing the conduct of 
        fishing operations and biological experiments at any time for 
        purposes of scientific investigation; or</DELETED>
        <DELETED>    (2) discharging any other duties prescribed by the 
        South Pacific Fisheries Convention.</DELETED>
<DELETED>    (d) State Jurisdiction Not Affected.--Except as provided 
in subsection (e), nothing in this Act shall be construed to diminish 
or to increase the jurisdiction of any State in the territorial sea of 
the United States.</DELETED>
<DELETED>    (e) Application of Regulations.--</DELETED>
        <DELETED>    (1) In general.--Regulations promulgated under 
        this Act shall apply within the boundaries of any State 
        bordering on the Convention Area if--</DELETED>
                <DELETED>    (A) the Secretary has provided notice to 
                the State;</DELETED>
                <DELETED>    (B) the State does not request a formal 
                agency hearing; and</DELETED>
                <DELETED>    (C) the Secretary determines that the 
                State--</DELETED>
                        <DELETED>    (i) has not, within a reasonable 
                        period of time after the promulgation of 
                        regulations under this Act, enacted laws that 
                        implement the recommendations of the Commission 
                        within the boundaries of the State; 
                        or</DELETED>
                        <DELETED>    (ii) has enacted laws that 
                        implement the recommendations of the Commission 
                        within the boundaries of the State that--
                        </DELETED>
                                <DELETED>    (I) are less restrictive 
                                than the regulations promulgated under 
                                this Act; or</DELETED>
                                <DELETED>    (II) are not effectively 
                                enforced.</DELETED>
        <DELETED>    (2) Determination by secretary.--The regulations 
        promulgated under this Act shall apply until the Secretary 
        determines that the State is effectively enforcing within that 
        State's boundaries measures that are as or more restrictive 
        than the regulations promulgated under this Act.</DELETED>
        <DELETED>    (3) Formal agency hearing.--If a State requests a 
        formal agency hearing, the Secretary shall not apply the 
        regulations promulgated under this Act within that State's 
        boundaries unless the hearing record supports a determination 
        under clause (i) or (ii) of paragraph (1)(C).</DELETED>
<DELETED>    (f) Review of State Laws and Regulations.--To ensure that 
the purposes of subsection (e) are carried out, the Secretary shall 
undertake a continuing review of the laws of each State to which 
subsection (e) applies or may apply and the extent to which such laws 
and regulations are enforced.</DELETED>

<DELETED>SEC. 9. TERRITORIAL PARTICIPATION.</DELETED>

<DELETED>    The Secretary of State shall ensure participation in the 
Commission and its subsidiary bodies by American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands to the same extent 
provided to the territories of other nations.</DELETED>

<DELETED>SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.</DELETED>

<DELETED>    Masters of commercial fishing vessels of nations fishing 
under the management authority of the South Pacific Fisheries 
Convention that do not carry vessel monitoring systems capable of 
communicating with U.S. enforcement authorities shall, prior to, or as 
soon as reasonably possible after, entering and transiting the 
exclusive economic zone seaward of the Convention Area--</DELETED>
        <DELETED>    (1) notify the U.S. Coast Guard of the name, flag 
        state, location, route, and destination of the vessel and of 
        the circumstances under which it will enter U.S. 
        waters;</DELETED>
        <DELETED>    (2) ensure that all fishing gear on board the 
        vessel is stowed below deck or otherwise removed from the place 
        it is normally used for fishing and placed where it is not 
        readily available for fishing; and</DELETED>
        <DELETED>    (3) if requested by an enforcement officer, 
        proceed to a specified location so that a vessel inspection can 
        be conducted.</DELETED>

<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>

<DELETED>    There are authorized to be appropriated to the Secretary 
of Commerce such sums as may be necessary to carry out this Act and to 
pay the United States contribution to the Commission under Article 15 
of the South Pacific Fisheries Convention.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``South Pacific Fisheries Convention 
Implementation Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee established under section 3.
            (2) Commission.--The term ``Commission'' means the South 
        Pacific Fisheries Commission established pursuant to the South 
        Pacific Fisheries Convention.
            (3) Commissioner.--The term ``Commissioner'' means a U.S. 
        Commissioner appointed under section 3.
            (4) Convention area.--The term ``Convention Area'' means--
                    (A) the waters of the Pacific Ocean beyond areas of 
                national jurisdiction and in accordance with 
                international law jurisdiction, bounded by the 10 
                parallel of north latitude and the 20 parallel of 
                south latitude and by the 135 meridian of east 
                longitude and the 150 meridian of west longitude; and
                    (B) the waters of the Pacific Ocean beyond areas of 
                national jurisdiction and in accordance with 
                international law jurisdiction--
                            (i) east of a line extending south along 
                        the 120 meridian of east longitude from the 
                        outer limit of the national jurisdiction of 
                        Australia off the south coast of Western 
                        Australia to the intersection with the 55 
                        parallel of south latitude; then due east along 
                        the 55 parallel of south latitude to the 
                        intersection with the 150 meridian of east 
                        longitude; then due south along the 150 
                        meridian of east longitude to the intersection 
                        with the 60 parallel of south latitude;
                            (ii) north of a line extending east along 
                        the 60 parallel of south latitude from the 
                        150 meridian of east longitude to the 
                        intersection with the 67 16' meridian of west 
                        longitude;
                            (iii) west of a line extending north along 
                        the 67 16' meridian of west longitude from the 
                        60 parallel of south latitude to its 
                        intersection with the outer limit of the 
                        national jurisdiction of Chile; then along the 
                        outer limits of the national jurisdictions of 
                        Chile, Peru, Ecuador and Colombia to the 
                        intersection with the 2 parallel of north 
                        latitude; and
                            (iv) south of a line extending west along 
                        the 2 parallel of north latitude (but not 
                        including the national jurisdiction of Ecuador 
                        (Galapagos Islands)) to the intersection with 
                        the 150 meridian of west longitude; then due 
                        north along the 150 meridian of west longitude 
                        to its intersection with 10 parallel of north 
                        latitude; then west along the 10 parallel of 
                        north latitude to its intersection with the 
                        outer limits of the national jurisdiction of 
                        the Marshall Islands; and then generally south 
                        and around the outer limits of the national 
                        jurisdictions of Pacific States and 
                        territories, New Zealand and Australia until it 
                        connects to the commencement of the line 
                        described in clause (i).
            (5) Council.--The term ``Council'' means the Western 
        Pacific Regional Fishery Management Council.
            (6) Exclusive economic zone.--The term ``exclusive economic 
        zone'' means the zone established by Presidential Proclamation 
        Numbered 5030 of March 10, 1983.
            (7) Fishery resources.--
                    (A) In general.--The term ``fishery resources'' 
                means all fish within the Convention Area.
                    (B) Inclusions.--The term ``fishery resources'' 
                includes mollusks, crustaceans, and other living marine 
                resources as may be decided by the Commission.
                    (C) Exclusions.--The term ``fishery resources'' 
                does not include--
                            (i) sedentary species in so far as they are 
                        subject to the national jurisdiction of coastal 
                        States pursuant to Article 77 paragraph 4 of 
                        the 1982 Convention;
                            (ii) highly migratory species listed in 
                        Annex I of the 1982 Convention;
                            (iii) anadromous species;
                            (iv) catadromous species;
                            (v) marine mammals;
                            (vi) marine reptiles; or
                            (vii) sea birds.
            (8) Fishing.--
                    (A) In general.--The term ``fishing'' means--
                            (i) the actual or attempted searching for, 
                        catching, taking, or harvesting of fishery 
                        resources;
                            (ii) engaging in any activity that can 
                        reasonably be expected to result in the 
                        locating, catching, taking, or harvesting of 
                        fishery resources for any purpose;
                            (iii) transshipment and any operation at 
                        sea in direct support of, or in preparation 
                        for, any activity described in this 
                        subparagraph; or
                            (iv) the use of any vessel, vehicle, 
                        aircraft, or hovercraft, in relation to any 
                        activity described in clauses (i) through 
                        (iii).
                    (B) Exclusions.--The term ``fishing'' does not 
                include any operation related to an emergency involving 
                the health or safety of a crew member or the safety of 
                a fishing vessel.
            (9) Fishing vessel.--The term ``fishing vessel'' means any 
        vessel used or intended for use for the purpose of fishing, 
        including a support ship, a carrier vessel, or any other vessel 
        directly involved in such fishing operations.
            (10) Panel.--The term ``Panel'' means the Council's 
        Advisory Panel.
            (11) Person.--The term ``person'' means--
                    (A) any individual, whether or not a citizen or 
                national of the United States;
                    (B) any corporation, partnership, association, or 
                other entity, whether or not organized or existing 
                under the laws of any State; or
                    (C) any Federal, State, local, tribal, or foreign 
                government or any entity of such government.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (13) South pacific fisheries convention.--The term ``South 
        Pacific Fisheries Convention'' means the Convention on the 
        Conservation and Management of the High Seas Fishery Resources 
        in the South Pacific Ocean (including any annexes, amendments, 
        or protocols that are in force, or have come into force, for 
        the United States), which was adopted at Auckland on November 
        14, 2009.
            (14) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, American 
        Samoa, Guam, and any other commonwealth, territory, or 
        possession of the United States.
            (15) Straddling stock.--The term ``straddling stock'' means 
        a stock of fishery resources which migrates between, or occurs 
        in, the economic exclusion zone of 1 or more parties to the 
        Convention and the Convention Area.
            (16) Transshipment.--The term ``transshipment'' means the 
        unloading of all or any of the fishery resources or fishery 
        resources products derived from fishing in the Convention Area 
        on board a fishing vessel to another fishing vessel either at 
        sea or in port.
            (17) 1982 convention.--The term ``1982 Convention'' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.

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

    (a) Appointment.--
            (1) In general.--The United States shall be represented on 
        the Commission by not more than 3 U.S. Commissioners. In making 
        each appointment, the President shall select a Commissioner 
        from among individuals who are knowledgeable or experienced 
        concerning fishery resources in the South Pacific Ocean.
            (2) Representation.--At least 1 of the Commissioners shall 
        be--
                    (A) serving at the pleasure of the President, an 
                officer or employee of--
                            (i) the Department of Commerce;
                            (ii) the Department of State; or
                            (iii) the United States Coast Guard; and
                    (B) the chairperson or designee of the Council.
    (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time considered appropriate an alternate Commissioner to 
the Commission. An alternate Commissioner may exercise all powers and 
duties of a Commissioner in the absence of a Commissioner appointed 
under subsection (a).
    (c) Administrative Matters.--
            (1) Employment status.--An individual serving as a 
        Commissioner, or as an alternate Commissioner, other than an 
        officer or employee of the U.S. Government, shall not be 
        considered a Federal employee, except for the purposes of 
        injury compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code and chapter 171 of 
        title 28, United States Code.
            (2) Compensation.--An individual serving as a Commissioner 
        or an alternate Commissioner, although an officer of the United 
        States while so serving, shall receive no compensation for the 
        individual's services as such Commissioner or alternate 
        Commissioner.
            (3) Travel expenses.--
                    (A) In general.--The Secretary of State shall pay 
                the necessary travel expenses of a Commissioner or an 
                alternate Commissioner in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 5704 
                through 5708, and 5731 of title 5, United States Code.
                    (B) Reimbursement.--The Secretary may reimburse the 
                Secretary of State for amounts expended by the 
                Secretary of State under this paragraph.
    (d) Advisory Committee.--
            (1) Establishment of permanent advisory committee.--
                    (A) Membership.--There is established an advisory 
                committee which shall be composed of 7 members 
                appointed by the Secretary, including--
                            (i) a member engaging in commercial fishing 
                        in the management area of the Council;
                            (ii) 2 members from the indigenous 
                        population of the Pacific including a Native 
                        Hawaiian and a native-born inhabitant of any 
                        possession of the United States in the Pacific;
                            (iii) a member that is a marine fisheries 
                        scientist and a member of the Council's 
                        Scientific and Statistical Committee;
                            (iv) a member representing a non-
                        governmental organization active in fishery 
                        issues in the Pacific;
                            (v) a member nominated by the Governor of 
                        the State of Hawaii; and
                            (vi) a member designated by the Council.
                    (B) Terms and privileges.--Each member of the 
                Advisory Committee shall serve for a term of 2 years 
                and shall be eligible for reappointment for not more 
                than 3 consecutive terms. The Commissioners shall 
                notify the Advisory Committee in advance of each 
                meeting of the Commissioners. The Advisory Committee 
                may attend each meeting and may examine and be heard on 
                all proposed programs, investigations, reports, 
                recommendations, and regulations of the Commissioners.
                    (C) Procedures.--The Advisory Committee shall 
                determine its organization and prescribe its practices 
                and procedures for carrying out its functions under 
                this Act, the South Pacific Fisheries Convention, and 
                the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.). The Advisory 
                Committee shall publish and make available to the 
                public a statement of its organization, practices, and 
                procedures. A majority of the members of the Advisory 
                Committee shall constitute a quorum to conduct 
                business. Meetings of the Advisory Committee, except 
                when in executive session, shall be open to the public. 
                Prior notice of each non-executive meeting shall be 
                made public in a timely fashion. The Advisory Committee 
                shall not be subject to the Federal Advisory Committee 
                Act (5 U.S.C. App.).
                    (D) Provision of information.--The Secretary and 
                the Secretary of State shall furnish the Advisory 
                Committee with relevant information concerning fishery 
                resources and international fishery agreements.
            (2) Administrative matters.--
                    (A) Support services.--The Secretary shall provide 
                to the Advisory Committee in a timely manner such 
                administrative and technical support services as are 
                necessary to function effectively.
                    (B) Compensation; status; expenses.--An individual 
                appointed to serve as a member of the Advisory 
                Committee--
                            (i) shall serve without pay; and
                            (ii) shall not be considered a Federal 
                        employee, except for the purposes of injury 
                        compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.
    (e) Memorandum of Understanding.--For fishery resources in the 
Convention Area, the Secretary, in coordination with the Secretary of 
State, shall develop a memorandum of understanding with the Council 
that clarifies the role of the Council with respect to--
            (1) participation in U.S. delegations to international 
        fishery organizations in the Pacific Ocean, including 
        government-to-government consultations;
            (2) providing formal recommendations to the Secretary and 
        the Secretary of State regarding necessary measures for both 
        domestic and foreign fishing vessels;
            (3) coordinating positions with the U.S. delegation for 
        presentation to the appropriate international fishery 
        organization; and
            (4) recommending those domestic fishing regulations that 
        are consistent with the actions of the international fishery 
        organization, for approval and implementation under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.).

SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.

    The Secretary of State may--
            (1) receive and transmit, on behalf of the United States, 
        reports, requests, recommendations, proposals, decisions, and 
        other communications of and to the Commission;
            (2) in consultation with the Secretary, approve, 
        disapprove, object to, or withdraw objections to bylaws and 
        rules, or amendments thereof, adopted by the Commission;
            (3) with the concurrence of the Secretary, approve or 
        disapprove the general annual program of the Commission with 
        respect to conservation and management measures and other 
        measures proposed or adopted in accordance with the South 
        Pacific Fisheries Convention; and
            (4) act upon, or refer to other appropriate authority, any 
        communication under paragraph (1).

SEC. 5. AUTHORITY OF THE SECRETARY OF COMMERCE.

    (a) Promulgation of Regulations.--The Secretary, in consultation 
with the Secretary of State and, with respect to enforcement measures, 
the Secretary of the department in which the Coast Guard is operating, 
is authorized to promulgate such regulations as may be necessary to 
carry out U.S. international obligations under the South Pacific 
Fisheries Convention and this Act, including recommendations and 
decisions adopted by the Commission. If the Secretary has discretion in 
the implementation of 1 or more measures adopted by the Commission that 
would govern a straddling stock under the authority of the Council, the 
Secretary shall promulgate, to the extent practicable within the 
implementation schedule of the South Pacific Fisheries Convention and 
any recommendations and decisions adopted by the Commission, such 
regulations in accordance with the procedures established by the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
    (b) Rule of Construction.--Regulations promulgated under subsection 
(a) shall be applicable only to a person or a fishing vessel that is or 
has engaged in fishing, or fishery resources covered by the South 
Pacific Fisheries Convention under this Act.
    (c) Additional Authority.--The Secretary may conduct, and may 
request and utilize on a reimbursed or non-reimbursed basis the 
assistance, services, personnel, equipment, and facilities of other 
Federal departments and agencies in--
            (1) scientific, research, and other programs under this 
        Act;
            (2) fishing operations and biological experiments for 
        purposes of scientific investigation or other purposes 
        necessary to implement the South Pacific Fisheries Convention;
            (3) the collection, utilization, and disclosure of such 
        information as may be necessary to implement the South Pacific 
        Fisheries Convention, subject to sections 552 and 552a of title 
        5, United States Code, and section 402(b) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881a(b));
            (4) if recommended by the Commissioners, the assessment and 
        collection of fees, not to exceed 3 percent of the ex-vessel 
        value of fishery resources harvested by vessels of the United 
        States in fisheries conducted in the Convention Area, to 
        recover the actual costs to the United States of management and 
        enforcement under this Act, which shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Secretary under this Act; and
            (5) the issuance of permits to owners and operators of U.S. 
        vessels to engage in fishing in the Convention Area seaward of 
        the U.S. exclusive economic zone, under such terms and 
        conditions as the Secretary may prescribe, including the period 
        of time that a permit is valid.
    (d) Consistency With Other Laws.--The Secretary shall ensure the 
consistency, to the extent practicable, of fishery management programs 
administered under this Act, the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act 
of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 
U.S.C. 973 et seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 
note) (relating to Pacific albacore tuna), the Atlantic Tunas 
Convention Act (16 U.S.C. 971 et seq.), and the Western and Central 
Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et 
seq.).
    (e) Judicial Review of Regulations.--
            (1) In general.--Regulations promulgated by the Secretary 
        under this Act shall be subject to judicial review to the 
        extent authorized by, and in accordance with, chapter 7 of 
        title 5, United States Code, if a petition for such review is 
        filed not later than 30 days after the date on which the 
        regulations are promulgated or the action is published in the 
        Federal Register, as applicable.
            (2) Responses.--Notwithstanding any other provision of law, 
        the Secretary shall file a response to any petition filed in 
        accordance with paragraph (1), not later than 30 days after the 
        date the Secretary is served with that petition, except that 
        the appropriate court may extend the period for filing such a 
        response upon a showing by the Secretary of good cause for that 
        extension.
            (3) Copies of administrative record.--A response of the 
        Secretary under paragraph (2) shall include a copy of the 
        administrative record for the regulations that are the subject 
        of the petition.
            (4) Expedited hearings.--Upon a motion by the person who 
        files a petition under this subsection, the appropriate court 
        shall assign the matter for hearing at the earliest possible 
        date.

SEC. 6. ENFORCEMENT.

    (a) In General.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating--
            (1) shall administer and enforce this Act and any 
        regulations issued under this Act, except to the extent 
        otherwise provided for in the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.); and
            (2) may request and utilize on a reimbursed or non-
        reimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments and 
        agencies in the administration and enforcement of this Act.
    (b) Secretarial Actions.--Except as provided under subsection (c), 
the Secretary and the Secretary of the department in which the Coast 
Guard is operating shall prevent any person from violating this Act 
with respect to fishing or the conservation of fishery resources in the 
Convention Area in the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though sections 308 through 
311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858, 1859, 1860, 1861) were incorporated into and made a part 
of this Act. Any person that violates any provision of this Act is 
subject to the penalties and entitled to the privileges and immunities 
provided in the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) in the same manner, by the same means, and 
with the same jurisdiction, power, and duties as though sections 308 
through 311 of that Act (16 U.S.C. 1858, 1859, 1860, 1861) were 
incorporated into and made a part of this Act.
    (c) Jurisdiction of the Courts.--
            (1) In general.--Subject to paragraphs (2) and (3), the 
        district courts of the United States shall have exclusive 
        jurisdiction over any case or controversy arising under the 
        provisions of this Act, and any such court may at any time--
                    (A) enter restraining orders or prohibitions;
                    (B) issue warrants, process in rem, or other 
                process;
                    (C) prescribe and accept satisfactory bonds or 
                other security; and
                    (D) take such other actions as are in the interest 
                of justice.
            (2) Hawaii and pacific insular areas.--In the case of 
        Hawaii or any possession of the United States in the Pacific 
        Ocean, the appropriate court is the United States District 
        Court for the District of Hawaii, except that--
                    (A) in the case of Guam and Wake Island, the 
                appropriate court is the United States District Court 
                for the District of Guam; and
                    (B) in the case of the Northern Mariana Islands, 
                the appropriate court is the United States District 
                Court for the District of the Northern Mariana Islands.
            (3) Construction.--Each violation shall be a separate 
        offense and the offense shall be deemed to have been committed 
        not only in the district where the violation first occurred, 
        but also in any other district authorized by law. Any offense 
        not committed in any district is subject to the venue 
        provisions of section 3238 of title 18, United States Code.
    (d) Confidentiality.--
            (1) In general.--Any information submitted to the Secretary 
        in compliance with any requirement under this Act shall be 
        confidential and may not be disclosed, except--
                    (A) to a Federal employee who is responsible for 
                administering, implementing, or enforcing this Act;
                    (B) to the Commission, in accordance with 
                requirements in the South Pacific Fisheries Convention 
                and decisions of the Commission, and, insofar as 
                possible, in accordance with an agreement with the 
                Commission that prevents public disclosure of the 
                identity or business of any person;
                    (C) to a State or Council employee pursuant to an 
                agreement with the Secretary that prevents public 
                disclosure of the identity or business of any person;
                    (D) when required by court order; or
                    (E) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to another 
                person for a reason not otherwise provided for in this 
                paragraph, and such release does not violate other 
                requirements of this Act.
            (2) Use of information.--
                    (A) In general.--Except as provided under 
                subparagraph (B), the Secretary shall promulgate 
                regulations regarding the procedures the Secretary 
                considers necessary to preserve the confidentiality of 
                information under this Act.
                    (B) Exception.--The Secretary may release or make 
                public information submitted under this Act if the 
                information is in any aggregate or summary form that 
                does not directly or indirectly disclose the identity 
                or business of any person.
            (3) Rule of construction.--Nothing in this subsection shall 
        be interpreted or construed to prevent the use for conservation 
        and management purposes by the Secretary of any information 
        submitted under this Act.

SEC. 7. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate any provision of this Act or any regulation 
        or permit issued pursuant to this Act;
            (2) to use any fishing vessel to engage in fishing without, 
        or after the revocation or during the period of suspension of, 
        an applicable permit issued under this Act;
            (3) to refuse to permit any officer authorized to enforce 
        the provisions of this Act to board a fishing vessel subject to 
        such person's control for the purposes of conducting any 
        search, investigation, or inspection in connection with the 
        enforcement of this Act or the South Pacific Fisheries 
        Convention;
            (4) to assault, resist, oppose, impede, intimidate, or 
        interfere with any such authorized officer in the conduct of 
        any search, investigation, or inspection in connection with the 
        enforcement of this Act or the South Pacific Fisheries 
        Convention;
            (5) to resist a lawful arrest for any act prohibited by 
        this Act or any regulation promulgated or permit issued under 
        this Act;
            (6) to knowingly and willfully ship, transport, offer for 
        sale, sell, purchase, import, export, or have custody, control, 
        or possession of, any fishery resources taken or retained in 
        violation of this Act or any regulation or permit referred to 
        in paragraph (1) or (2);
            (7) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section;
            (8) to knowingly and willfully submit to the Secretary 
        false information (including false information regarding the 
        capacity and extent to which a United States fish processor, on 
        an annual basis, will process a portion of the optimum yield of 
        a fishery that will be harvested by fishing vessels of the 
        United States), regarding any matter that the Secretary is 
        considering in the course of carrying out this Act;
            (9) to assault, resist, oppose, impede, intimidate, 
        sexually harass, bribe, or interfere with any observer on a 
        vessel under this Act, or any data collector employed by or 
        under contract to any person to carry out responsibilities 
        under this Act;
            (10) to engage in fishing in violation of any regulation 
        adopted pursuant to this Act;
            (11) to knowingly and willfully ship, transport, purchase, 
        sell, offer for sale, import, export, or have in custody, 
        possession, or control any fishery resources taken or retained 
        in violation of such regulations;
            (12) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports required to be made, 
        kept, or furnished under this Act;
            (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States;
            (14) to import, in violation of any regulation adopted 
        pursuant to this Act, any fishery resources in any form of 
        those species subject to regulation pursuant to a 
        recommendation, resolution, or decision of the Commission, or 
        any fishery resources in any form not under regulation but 
        under investigation by the Commission, during the period the 
        fishery resources have been denied entry in accordance with the 
        provisions of this Act;
            (15) to make or submit any false record, account, or label 
        for, or any false identification of, any fishery resources 
        which have been, or are intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce; or
            (16) to refuse to authorize and accept boarding by a duly 
        authorized inspector pursuant to procedures adopted by the 
        Commission for the boarding and inspection of fishing vessels 
        in the Convention Area.

SEC. 8. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with any Federal agency, 
any public or private institution or organization within the United 
States or abroad, and, through the Secretary of State, a duly 
authorized official of the government of any party to the South Pacific 
Fisheries Convention, in carrying out responsibilities under this Act.
    (b) Scientific and Other Programs; Facilities and Personnel.--Each 
Federal agency is authorized, upon the request of the Secretary, to 
cooperate in the conduct of scientific and other programs and to 
furnish facilities and personnel for the purpose of assisting the 
Commission in carrying out its duties under the South Pacific Fisheries 
Convention.
    (c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this Act, or in the laws of any State, prevents the 
Secretary or the Commission from--
            (1) conducting or authorizing the conduct of fishing 
        operations and biological experiments at any time for purposes 
        of scientific investigation; or
            (2) discharging any other duties prescribed by the South 
        Pacific Fisheries Convention.
    (d) State Jurisdiction Not Affected.--Nothing in this Act shall be 
construed to diminish or to increase the jurisdiction of any State in 
the territorial sea of the United States.

SEC. 9. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by American Samoa, Guam, and the Commonwealth 
of the Northern Mariana Islands to the same extent provided to the 
territories of other nations.

SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of nations fishing under the 
management authority of the South Pacific Fisheries Convention that do 
not carry vessel monitoring systems capable of communicating with U.S. 
enforcement authorities shall, prior to, or as soon as reasonably 
possible after, entering and transiting the exclusive economic zone 
seaward of the Convention Area--
            (1) notify the U.S. Coast Guard of the name, flag state, 
        location, route, and destination of the vessel and of the 
        circumstances under which it will enter U.S. waters;
            (2) ensure that all fishing gear on board the vessel is 
        stowed below deck or otherwise removed from the place it is 
        normally used for fishing and placed where it is not readily 
        available for fishing; and
            (3) if requested by an enforcement officer, proceed to a 
        specified location so that a vessel inspection can be 
        conducted.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to the 
Secretary and the Secretary of State such sums as may be necessary to 
carry out this Act and to pay the United States contribution to the 
Commission under Article 15 of the South Pacific Fisheries Convention.
    (b) International Cooperation and Assistance.--
            (1) In general.--Subject to the limits of available 
        appropriations and consistent with applicable law, the 
        Secretary or the Secretary of State shall provide appropriate 
        assistance, including grants, to developing nations and 
        international organizations of which such nations are members 
        to assist those nations in meeting their obligations under the 
        Convention.
            (2) Transfer of funds.--Subject to the limits of available 
        appropriations and consistent with other applicable law, the 
        Secretary and the Secretary of State are authorized to transfer 
        funds to any foreign government, international, non-
        governmental, or international organization, including the 
        Commission, for purposes of carrying out the international 
        responsibilities under paragraph (1).
                                                       Calendar No. 622

113th CONGRESS

  2d Session

                                S. 2484

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                            December 8, 2014

                       Reported with an amendment
```