II 

Calendar No. 621 

113TH CONGRESS 

2D SESSION S. 2482 

To implement the Convention on the Conservation and Management of the 

High Seas Fisheries Resources in the North Pacific Ocean, as adopted 

at Tokyo on February 24, 2012, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 17, 2014 

Mr. BEGICH (for himself and 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 Fisheries Resources in the 

North Pacific Ocean, as adopted at Tokyo on February 

24, 2012, and for other purposes. 

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


smartinez on DSK4TPTVN1PROD with BILLS
2 

•S 2482 RS

1 SECTION 1. SHORT TITLE. 

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

3 Convention Implementation Act’’. 

4 SEC. 2. DEFINITIONS. 

5 In this Act: 

6 (1) ADVISORY COMMITTEE.—The term ‘‘Advi7 sory Committee’’ means the advisory committee es8 tablished under section 3. 

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

10 means the North Pacific Fisheries Commission es11 tablished pursuant to the North Pacific Fisheries 

12 Convention. 

13 (3) COMMISSIONER.—The term ‘‘Commis14 sioner’’ means a U.S. Commissioner appointed under 

15 section 3. 

16 (4) CONVENTION AREA.—The term ‘‘Conven17 tion Area’’ means the waters of the high seas areas 

18 of the North Pacific Ocean, excluding the high seas 

19 areas of the Bering Sea and other high seas areas 

20 that are surrounded by the exclusive economic zone 

21 of a single nation, which are bounded to the south 

22 by a continuous line beginning at the seaward limit 

23 of waters under the jurisdiction of the United States 

24 around the Commonwealth of the Northern Mariana 

25 Islands at 20 degrees North latitude, then pro26 ceeding East and connecting the coordinates: 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•S 2482 RS

1 20°00’00’’, 180°00’00’’E/W; 10°00’00’’N 

2 180°00’00’’E/W; 10°00’00’’N, 140°00’00’’W; 

3 20°00’00’’N, 140°00’00’’W; and thence East to the 

4 seaward limit of waters under the fisheries jurisdic5 tion of Mexico. 

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

7 Western Pacific Fishery Management Council, the 

8 Pacific Fishery Management Council, or the North 

9 Pacific Fishery Management Council. 

10 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

11 ‘‘exclusive economic zone’’ means the zone estab12 lished by Presidential Proclamation Numbered 5030 

13 of March 10, 1983. 

14 (7) FISHERIES RESOURCES.— 

15 (A) IN GENERAL.—The term ‘‘fisheries re16 sources’’ means all fish, mollusks, crustaceans, 

17 and other marine species caught by a fishing 

18 vessel within the Convention Area. 

19 (B) EXCLUSIONS.—The term ‘‘fisheries re20 sources’’ does not include— 

21 (i) sedentary species insofar as they 

22 are subject to the sovereign rights of coast23 al nations consistent with Article 77, para24 graph 4 of the 1982 Convention and indi25 cator species of vulnerable marine ecoVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6401 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
4 

•S 2482 RS

1 systems as listed in, or adopted pursuant 

2 to, Article 13, paragraph 5 of the North 

3 Pacific Fisheries Convention; 

4 (ii) catadromous species; 

5 (iii) marine mammals, marine reptiles, 

6 or seabirds; or 

7 (iv) other marine species already cov8 ered by pre-existing international fisheries 

9 management instruments within the area 

10 of competence of such instruments. 

11 (8) FISHING ACTIVITIES.— 

12 (A) IN GENERAL.—The term ‘‘fishing ac13 tivities’’ means— 

14 (i) the actual or attempted searching 

15 for, catching, taking, or harvesting of fish16 eries resources; 

17 (ii) engaging in any activity that can 

18 reasonably be expected to result in the lo19 cating, catching, taking, or harvesting of 

20 fisheries resources for any purpose; 

21 (iii) the processing of fisheries re22 sources at sea; 

23 (iv) the transhipment of fisheries re24 sources at sea or in port; and 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•S 2482 RS

1 (v) any operation at sea in direct sup2 port of, or in preparation for, any activity 

3 described in clauses (i) through (iv), in4 cluding transshipment. 

5 (B) EXCLUSIONS.—The term ‘‘fishing ac6 tivities’’ does not include any operation related 

7 to an emergency involving the health or safety 

8 of a crew member or the safety of a fishing ves9 sel. 

10 (9) FISHING VESSEL.—The term ‘‘fishing ves11 sel’’ means any vessel used or intended for use for 

12 the purpose of engaging in fishing activities, includ13 ing a processing vessel, a support ship, a carrier ves14 sel, or any other vessel directly engaged in such fish15 ing activities. 

16 (10) NORTH PACIFIC FISHERIES CONVEN17 TION.—The term ‘‘North Pacific Fisheries Conven18 tion’’ means the Convention on the Conservation and 

19 Management of the High Seas Fisheries Resources 

20 in the North Pacific Ocean (including any annexes, 

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

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

23 adopted at Tokyo on February 24, 2012. 

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


smartinez on DSK4TPTVN1PROD with BILLS
6 

•S 2482 RS

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

2 or national of the United States; 

3 (B) any corporation, partnership, associa4 tion, or other entity, whether or not organized 

5 or existing under the laws of any State; and 

6 (C) any Federal, State, local, tribal, or for7 eign government or any entity of such govern8 ment. 

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

10 means the Secretary of Commerce. 

11 (13) STATE.—The term ‘‘State’’ means each of 

12 the several States of the United States, the District 

13 of Columbia, the Commonwealth of the Northern 

14 Mariana Islands, and any other commonwealth, ter15 ritory, or possession of the United States. 

16 (14) TRANSSHIPMENT.—The term ‘‘trans17 shipment’’ means the unloading of any fisheries re18 sources taken in the Convention Area from 1 fishing 

19 vessel to another fishing vessel either at sea or in 

20 port. 

21 (15) 1982 CONVENTION.—The term ‘‘1982 

22 Convention’’ means the United Nations Convention 

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


smartinez on DSK4TPTVN1PROD with BILLS
7 

•S 2482 RS

1 SEC. 3. APPOINTMENT OF UNITED STATES COMMISSIONER. 

2 (a) APPOINTMENT.—The United States shall be rep3 resented on the Commission by 1 U.S. Commissioner. The 

4 President shall appoint an individual to serve on the Com5 mission at the pleasure of the President. In making an 

6 appointment, the President shall select an individual who 

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

9 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

10 State, in consultation with the Secretary, may designate 

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

13 An alternate Commissioner may exercise all powers and 

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

16 (c) ADMINISTRATIVE MATTERS.— 

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

20 United States Government, shall not be considered 

21 a Federal employee, except for the purposes of in22 jury compensation or tort claims liability as provided 

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

24 chapter 171 of title 28, United States Code. 

25 (2) COMPENSATION.—An individual serving as 

26 a Commissioner or an alternate Commissioner, alVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6401 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
8 

•S 2482 RS

1 though an officer of the United States while so serv2 ing, shall receive no compensation for the individ3 ual’s services as such Commissioner or alternate 

4 Commissioner. 

5 (3) TRAVEL EXPENSES.— 

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

7 shall pay the necessary travel expenses of a 

8 Commissioner or an alternate Commissioner in 

9 accordance with the Federal Travel Regulations 

10 and sections 5701, 5702, 5704 through 5708, 

11 and 5731 of title 5, United States Code. 

12 (B) REIMBURSEMENT.—The Secretary 

13 may reimburse the Secretary of State for 

14 amounts expended by the Secretary of State 

15 under this paragraph. 

16 (d) ADVISORY COMMITTEE.— 

17 (1) ESTABLISHMENT OF PERMANENT ADVISORY

18 COMMITTEE.— 

19 (A) MEMBERSHIP.—There is established 

20 an advisory committee which shall be composed 

21 of— 

22 (i) an individual that is a resident of 

23 Alaska appointed by the North Pacific 

24 Fishery Management Council; 


smartinez on DSK4TPTVN1PROD with BILLS
9 

•S 2482 RS

1 (ii) an individual appointed by the Pa2 cific Fishery Management Council; 

3 (iii) an individual appointed by the 

4 Western Pacific Fishery Management 

5 Council; and 

6 (iv) 2 individuals appointed by the 

7 Secretary, including— 

8 (I) an Alaska Native, a Native 

9 Hawaiian, a native-born inhabitant of 

10 any possession of the United States in 

11 the Pacific Ocean, or a member of a 

12 Pacific Northwest tribe; and 

13 (II) a marine fisheries scientist 

14 that is a resident of a State the adja15 cent exclusive economic zone for which 

16 is bounded by the Convention Area. 

17 (B) TERMS AND PRIVILEGES.—Each mem18 ber of the Advisory Committee shall serve for a 

19 term of 2 years and shall be eligible for re20 appointment. The Commissioner shall notify in 

21 advance the Advisory Committee of each meet22 ing of the Commission. The Advisory Com23 mittee may attend each meeting and may exam24 ine and be heard on all proposed programs of 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•S 2482 RS

1 investigation, reports, recommendations, and 

2 regulations of the Commission. 

3 (C) PROCEDURES.—The Advisory Com4 mittee shall determine its organization and pre5 scribe its practices and procedures for carrying 

6 out its functions under this Act, the North Pa7 cific Fisheries Convention, and the Magnuson8 Stevens Fishery Conservation and Management 

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

10 Committee shall publish and make available to 

11 the public a statement of its organization, prac12 tices, and procedures. A majority of the mem13 bers of the Advisory Committee shall constitute 

14 a quorum to conduct business. Meetings of the 

15 Advisory Committee, except when in executive 

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

17 of each non-executive meeting shall be made 

18 public in a timely fashion. The Advisory Com19 mittee shall not be subject to the Federal Advi20 sory Committee Act (5 U.S.C. App.). 

21 (D) PROVISION OF INFORMATION.—The 

22 Secretary and the Secretary of State shall fur23 nish the Advisory Committee with relevant in24 formation concerning fisheries resources and 

25 international fishery agreements. 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•S 2482 RS

1 (2) ADMINISTRATIVE MATTERS.— 

2 (A) SUPPORT SERVICES.—The Secretary 

3 shall provide to the Advisory Committee in a 

4 timely manner such administrative and tech5 nical support services as are necessary to func6 tion effectively. 

7 (B) COMPENSATION; STATUS; EX8 PENSES.—An individual appointed to serve as a 

9 member of the Advisory Committee— 

10 (i) shall serve without pay, but while 

11 away from the individual’s home or regular 

12 place of business in the performance of 

13 services for the Advisory Committee shall 

14 be allowed travel expenses, including per 

15 diem in lieu of subsistence, in the same 

16 manner as a person employed intermit17 tently in the Government service is allowed 

18 expenses under section 5703 of title 5, 

19 United States Code; and 

20 (ii) shall not be considered a Federal 

21 employee, except for the purposes of injury 

22 compensation or tort claims liability as 

23 provided in chapter 81 of title 5, United 

24 States Code, and chapter 171 of title 28, 

25 United States Code. 


smartinez on DSK4TPTVN1PROD with BILLS
12 

•S 2482 RS

1 (e) MEMORANDUM OF UNDERSTANDING.—For fish2 eries resources in the Convention Area, the Secretary, in 

3 coordination with the Secretary of State, shall develop a 

4 memorandum of understanding with the Western Pacific, 

5 Pacific, and North Pacific Fishery Management Councils, 

6 that clarifies the role of each relevant Council with respect 

7 to— 

8 (1) participation in U.S. delegations to inter9 national fishery organizations in the Pacific Ocean, 

10 including government-to-government consultations; 

11 (2) providing formal recommendations to the 

12 Secretary and the Secretary of State regarding nec13 essary measures for both domestic and foreign ves14 sels fishing for fisheries resources; 

15 (3) coordinating positions with the U.S. delega16 tion for presentation to the appropriate international 

17 fishery organization; and 

18 (4) recommending those domestic fishing regu19 lations that are consistent with the actions of the 

20 international fishery organization, for approval and 

21 implementation under the Magnuson-Stevens Fish22 ery Conservation and Management Act (16 U.S.C. 

23 1801 et seq.). 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•S 2482 RS

1 SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SEC2 RETARY OF STATE. 

3 The Secretary of State may— 

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

5 United States, reports, requests, recommendations, 

6 proposals, decisions, and other communications of 

7 and to the Commission; 

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

9 disapprove, object to, or withdraw objections to by10 laws and rules, or amendments thereof, adopted by 

11 the Commission; 

12 (3) with the concurrence of the Secretary, ap13 prove or disapprove the general annual program of 

14 the Commission with respect to conservation and 

15 management measures and other measures proposed 

16 or adopted in accordance with the North Pacific 

17 Fisheries Convention; and 

18 (4) act upon, or refer to other appropriate au19 thority, any communication under paragraph (1). 

20 SEC. 5. RULEMAKING AUTHORITY OF THE SECRETARY OF 

21 COMMERCE. 

22 (a) PROMULGATION OF REGULATIONS.—The Sec23 retary, in consultation with the Secretary of State and, 

24 with respect to enforcement measures, the Secretary of the 

25 department in which the Coast Guard is operating, is au26 thorized to promulgate such regulations as may be necVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6401 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
14 

•S 2482 RS

1 essary to carry out the U.S. international obligations 

2 under the North Pacific Fisheries Convention and this 

3 Act, including recommendations and decisions adopted by 

4 the Commission. If the Secretary has discretion in the im5 plementation of 1 or more measures adopted by the Com6 mission that would govern fisheries resources under the 

7 authority of a Regional Fishery Management Council, the 

8 Secretary may promulgate, to the extent practicable with9 in the implementation schedule of the North Pacific Fish10 eries Convention and any recommendations and decisions 

11 adopted by the Commission, such regulations in accord12 ance with the procedures established by the Magnuson13 Stevens Fishery Conservation and Management Act (16 

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

15 (b) RULE OF CONSTRUCTION.—Regulations promul16 gated under subsection (a) shall be applicable only to a 

17 person, a fishing vessel, or fisheries resources covered by 

18 the North Pacific Fisheries Convention or this Act. 

19 (c) JUDICIAL REVIEW OF REGULATIONS.— 

20 (1) IN GENERAL.—Regulations promulgated by 

21 the Secretary under this Act shall be subject to judi22 cial review to the extent authorized by, and in ac23 cordance with, chapter 7 of title 5, United States 

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

25 than 30 days after the date on which the regulations 


smartinez on DSK4TPTVN1PROD with BILLS
15 

•S 2482 RS

1 are promulgated or the action is published in the 

2 Federal Register, as applicable. 

3 (2) RESPONSES.—Notwithstanding any other 

4 provision of law, the Secretary shall file a response 

5 to any petition filed in accordance with paragraph 

6 (1), not later than 30 days after the date the Sec7 retary is served with that petition, except that the 

8 appropriate court may extend the period for filing 

9 such a response upon a showing by the Secretary of 

10 good cause for that extension. 

11 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

12 response of the Secretary under paragraph (2) shall 

13 include a copy of the administrative record for the 

14 regulations that are the subject of the petition. 

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

16 the person who files a petition under this subsection, 

17 the appropriate court shall assign the matter for 

18 hearing at the earliest possible date. 

19 SEC. 6. ENFORCEMENT. 

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

21 of the department in which the Coast Guard is oper22 ating— 

23 (1) shall administer and enforce this Act and 

24 any regulations issued under this Act, except to the 

25 extent otherwise provided for in the Magnuson-SteVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6401 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
16 

•S 2482 RS

1 vens Fishery Conservation and Management Act (16 

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

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

4 non-reimbursed basis the assistance, services, per5 sonnel, equipment, and facilities of other Federal de6 partments and agencies in the administration and 

7 enforcement of this Act. 

8 (b) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

11 equipment, and facilities of other Federal departments 

12 and agencies in— 

13 (1) scientific, research, and other programs 

14 under this Act; 

15 (2) fishing operations and biological experi16 ments for purposes of scientific investigation or 

17 other purposes necessary to implement the North 

18 Pacific Fisheries Convention; 

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

20 such information as may be necessary to implement 

21 the North Pacific Fisheries Convention, subject to 

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

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

24 Fishery Conservation and Management Act (16 

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


smartinez on DSK4TPTVN1PROD with BILLS
17 

•S 2482 RS

1 (4) if recommended by the Commissioners or 

2 proposed by a Council with authority over the rel3 evant fisheries, the assessment and collection of fees, 

4 not to exceed 3 percent of the ex-vessel value of fish 

5 harvested by vessels of the United States in fisheries 

6 managed pursuant to this Act, to recover the actual 

7 costs to the United States of management and en8 forcement under this Act, which shall be deposited 

9 as an offsetting collection in, and credited to, the ac10 count providing appropriations to carry out the func11 tions of the Secretary under this Act; and 

12 (5) the issuance of permits to owners and oper13 ators of U.S. vessels to fish in the Convention Area 

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

15 such terms and conditions as the Secretary may pre16 scribe, including the period of time that a permit is 

17 valid. 

18 (c) CONSISTENCY WITH OTHER LAWS.—The Sec19 retary shall ensure the consistency, to the extent prac20 ticable, of fishery management programs administered 

21 under this Act, the Magnuson-Stevens Fishery Conserva22 tion and Management Act (16 U.S.C. 1801 et seq.), the 

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

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

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


smartinez on DSK4TPTVN1PROD with BILLS
18 

•S 2482 RS

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

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

3 Western and Central Pacific Fisheries Convention Imple4 mentation Act (16 U.S.C. 6901 et seq.). 

5 (d) SECRETARIAL ACTIONS.—Except as provided 

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

7 the department in which the Coast Guard is operating 

8 shall prevent any person from violating this Act in the 

9 same manner, by the same means, and with the same ju10 risdiction, powers, and duties as though sections 308 

11 through 311 of the Magnuson-Stevens Fishery Conserva12 tion and Management Act (16 U.S.C. 1858, 1859, 1860, 

13 1861) were incorporated into and made a part of this Act. 

14 Any person that violates any provision of this Act is sub15 ject to the penalties and entitled to the privileges and im16 munities provided in the Magnuson-Stevens Fishery Con17 servation and Management Act (16 U.S.C. 1801 et seq.) 

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

19 same jurisdiction, power, and duties as though sections 

20 308 through 311 of that Act (16 U.S.C. 1858, 1859, 

21 1860, 1861) were incorporated into and made a part of 

22 this Act. 

23 (e) JURISDICTION OF THE COURTS.— 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
19 

•S 2482 RS

1 shall have exclusive jurisdiction over any case or 

2 controversy arising under the provisions of this Act, 

3 and any such court may at any time— 

4 (A) enter restraining orders or prohibi5 tions; 

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

7 other process; 

8 (C) prescribe and accept satisfactory bonds 

9 or other security; and 

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

11 interest of justice. 

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

13 the case of Hawaii or any possession of the United 

14 States in the Pacific Ocean, the appropriate court is 

15 the United States District Court for the District of 

16 Hawaii, except that— 

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

18 the appropriate court is the United States Dis19 trict Court for the District of Guam; and 

20 (B) in the case of the Northern Mariana 

21 Islands, the appropriate court is the United 

22 States District Court for the District of the 

23 Northern Mariana Islands. 

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

25 separate offense and the offense shall be deemed to 


smartinez on DSK4TPTVN1PROD with BILLS
20 

•S 2482 RS

1 have been committed not only in the district where 

2 the violation first occurred, but also in any other 

3 district authorized by law. Any offense not com4 mitted in any district is subject to the venue provi5 sions of section 3238 of title 18, United States 

6 Code. 

7 (f) CONFIDENTIALITY.— 

8 (1) IN GENERAL.—Any information submitted 

9 to the Secretary in compliance with any requirement 

10 under this Act shall be confidential and may not be 

11 disclosed, except— 

12 (A) to a Federal employee who is respon13 sible for administering, implementing, and en14 forcing this Act; 

15 (B) to the Commission, in accordance with 

16 requirements in the North Pacific Fisheries 

17 Convention and decisions of the Commission, 

18 and, insofar as possible, in accordance with an 

19 agreement with the Commission that prevents 

20 public disclosure of the identity or business of 

21 any person; 

22 (C) to State or Marine Fisheries Commis23 sion employees pursuant to an agreement with 

24 the Secretary that prevents public disclosure of 

25 the identity or business or person; 


smartinez on DSK4TPTVN1PROD with BILLS
21 

•S 2482 RS

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 sub14 mitted under 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. 


smartinez on DSK4TPTVN1PROD with BILLS
22 

•S 2482 RS

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 activities after the revocation, or during the pe7 riod of suspension, on an applicable permit issued 

8 pursuant to this 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 any regulation, permit, or the North Pacific 

15 Fisheries Convention; 

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

17 intimidate, or interfere with any such authorized of18 ficer in the conduct of any search, investigation, or 

19 inspection in connection with the enforcement of this 

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

21 Fisheries Convention; 

22 (5) to resist a lawful arrest for any act prohib23 ited by this Act; 

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

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

26 custody, control, or possession of, any fisheries reVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6401 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
23 

•S 2482 RS

1 sources taken or retained in violation of this Act or 

2 any regulation, permit, or agreement referred to in 

3 paragraph (1) or (2); 

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

5 means, the apprehension or arrest of another person, 

6 knowing that such other person has committed any 

7 act prohibited by this section; 

8 (8) to knowingly and willfully submit to the 

9 Secretary false information (including false informa10 tion regarding the capacity and extent to which a 

11 United States fish processor, on an annual basis, 

12 will process a portion of the optimum yield of a fish13 ery that will be harvested by fishing vessels of the 

14 United States), regarding any matter that the Sec15 retary is considering in the course of carrying out 

16 this Act; 

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

18 intimidate, sexually harass, bribe, or interfere with 

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

20 collector employed by or under contract to any per21 son to carry out responsibilities under this Act; 

22 (10) to engage in fishing activities in violation 

23 of any regulation adopted pursuant to this Act; 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
24 

•S 2482 RS

1 in custody, possession, or control any fisheries re2 sources taken or retained in violation of such regula3 tions; 

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

5 returns, statistical records, or other reports required 

6 by regulations adopted pursuant to this Act to be 

7 made, kept, or furnished; 

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

9 and instructed to stop by a duly authorized official 

10 of the United States; or 

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

12 adopted pursuant to this Act, any fisheries resources 

13 in any form of those species subject to regulation 

14 pursuant to a recommendation, resolution, or deci15 sion of the Commission, or any fisheries resources in 

16 any form not under regulation but under investiga17 tion by the Commission, during the period such fish18 eries resources have been denied entry in accordance 

19 with the provisions of this Act. 

20 (b) ENTRY CERTIFICATION.—In the case of any fish21 eries resources described in subsection (a) offered for 

22 entry into the United States, the Secretary shall require 

23 proof satisfactory to the Secretary that such fisheries re24 sources are not ineligible for such entry under the terms 

25 of this Act. 


smartinez on DSK4TPTVN1PROD with BILLS
25 

•S 2482 RS

1 SEC. 8. COOPERATION IN CARRYING OUT CONVENTION. 

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

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

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

10 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

11 AND PERSONNEL.—Each Federal agency is authorized, 

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

16 Fisheries Convention. 

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

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

21 (1) conducting or authorizing the conduct of 

22 fishing operations and biological experiments at any 

23 time for purposes of scientific investigation; or 

24 (2) discharging any other duties prescribed by 

25 the North Pacific Fisheries Convention. 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•S 2482 RS

1 (d) STATE JURISDICTION NOT AFFECTED.—Except 

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

3 construed to diminish or to increase the jurisdiction of any 

4 State in the territorial sea of the United States. 

5 (e) APPLICATION OF REGULATIONS.— 

6 (1) IN GENERAL.—Regulations promulgated 

7 under this Act shall apply within the boundaries of 

8 any State bordering on the Convention Area if— 

9 (A) the Secretary has provided notice to 

10 the State; 

11 (B) the State does not request a formal 

12 agency hearing; and 

13 (C) the Secretary determines that the 

14 State— 

15 (i) has not, within a reasonable period 

16 of time after the promulgation of regula17 tions under this Act, enacted laws that im18 plement the recommendations of the Com19 mission within the boundaries of the State; 

20 or 

21 (ii) has enacted laws that implement 

22 the recommendations of the Commission 

23 within the boundaries of the State that— 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•S 2482 RS

1 (I) are less restrictive than the 

2 regulations promulgated under this 

3 Act; or 

4 (II) are not effectively enforced. 

5 (2) DETERMINATION BY SECRETARY.—The reg6 ulations promulgated under this Act shall apply until 

7 the Secretary determines that the State is effectively 

8 enforcing within that State’s boundaries measures 

9 that are as restrictive or more restrictive than the 

10 regulations promulgated under this Act. 

11 (3) FORMAL AGENCY HEARING.—If a State re12 quests a formal agency hearing, the Secretary shall 

13 not apply the regulations promulgated under this 

14 Act within that State’s boundaries unless the hear15 ing record supports a determination under clause (i) 

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

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

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

19 out, the Secretary shall undertake a continuing review of 

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

21 may apply and the extent to which such laws and regula22 tions are enforced. 

23 SEC. 9. TERRITORIAL PARTICIPATION. 

24 The Secretary of State shall ensure participation in 

25 the Commission and its subsidiary bodies by the CommonVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6401 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
28 

•S 2482 RS

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

3 SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

4 Masters of commercial fishing vessels of nations fish5 ing under the management authority of the North Pacific 

6 Fisheries Convention that do not carry vessel monitoring 

7 systems capable of communicating with U.S. enforcement 

8 authorities shall, prior to or as soon as reasonably possible 

9 after, entering and transiting the exclusive economic zone 

10 bounded by the Convention Area— 

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

12 flag state, location, route, and destination of the ves13 sel and of the circumstances under which it will 

14 enter U.S. waters; 

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

16 vessel is stowed below deck or otherwise removed 

17 from the place it is normally used for fishing activi18 ties and placed where it is not readily available for 

19 fishing activities; and 

20 (3) if requested by an enforcement officer, pro21 ceed to a specified location so that a vessel inspec22 tion can be conducted. 

23 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

24 There are authorized to be appropriated to the Sec25 retary of Commerce such sums as may be necessary to 


smartinez on DSK4TPTVN1PROD with BILLS
29 

•S 2482 RS

1 carry out this Act and to pay the United States contribu2 tion to the Commission under Article 12 of the North Pa3 cific Fisheries Convention. 

4 SECTION 1. SHORT TITLE. 

5 This Act may be cited as the ‘‘North Pacific Fisheries 

6 Convention Implementation Act’’. 

7 SEC. 2. DEFINITIONS. 

8 In this Act: 

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

10 Committee’’ means the advisory committee established 

11 under section 3. 

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

13 means the North Pacific Fisheries Commission estab14 lished pursuant to the North Pacific Fisheries Con15 vention. 

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

17 means a U.S. Commissioner appointed under section 

18 3. 

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

20 Area’’ means the waters of the high seas areas of the 

21 North Pacific Ocean, excluding the high seas areas of 

22 the Bering Sea and other high seas areas that are 

23 surrounded by the exclusive economic zone of a single 

24 nation, which are bounded to the south by a contin25 uous line beginning at the seaward limit of waters 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•S 2482 RS

1 under the jurisdiction of the United States around the 

2 Commonwealth of the Northern Mariana Islands at 

3 20 degrees North latitude, then proceeding East and 

4 connecting the coordinates: 20°00’00’’, 180°00’00’’E/ 

5 W; 10°00’00’’N 180°00’00’’E/W; 10°00’00’’N, 

6 140°00’00’’W; 20°00’00’’N, 140°00’00’’W; and thence 

7 East to the seaward limit of waters under the fish8 eries jurisdiction of Mexico. 

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

10 Western Pacific Regional Fishery Management Coun11 cil, the Pacific Fishery Management Council, or the 

12 North Pacific Fishery Management Council. 

13 (6) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex14 clusive economic zone’’ means the zone established by 

15 Presidential Proclamation Numbered 5030 of March 

16 10, 1983. 

17 (7) FISHERIES RESOURCES.— 

18 (A) IN GENERAL.—The term ‘‘fisheries re19 sources’’ means all fish, mollusks, crustaceans, 

20 and other marine species caught by a fishing ves21 sel within the Convention Area. 

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

24 (i) sedentary species insofar as they 

25 are subject to the sovereign rights of coastal 


smartinez on DSK4TPTVN1PROD with BILLS
31 

•S 2482 RS

1 nations consistent with Article 77, para2 graph 4 of the 1982 Convention and indi3 cator species of vulnerable marine eco4 systems as listed in, or adopted pursuant to, 

5 Article 13, paragraph 5 of the North Pacific 

6 Fisheries Convention; 

7 (ii) catadromous species; 

8 (iii) marine mammals, marine rep9 tiles, or seabirds; or 

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

12 management instruments within the area of 

13 competence of such instruments. 

14 (8) FISHING ACTIVITIES.— 

15 (A) IN GENERAL.—The term ‘‘fishing activi16 ties’’ means— 

17 (i) the actual or attempted searching 

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

20 (ii) engaging in any activity that can 

21 reasonably be expected to result in the locat22 ing, catching, taking, or harvesting of fish23 eries resources for any purpose; 

24 (iii) the processing of fisheries re25 sources at sea; 


smartinez on DSK4TPTVN1PROD with BILLS
32 

•S 2482 RS

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

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

5 described in clauses (i) through (iv), includ6 ing transshipment. 

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

9 to an emergency involving the health or safety of 

10 a crew member or the safety of a fishing vessel. 

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

12 means any vessel used or intended for use for the pur13 pose of engaging in fishing activities, including a 

14 processing vessel, a support ship, a carrier vessel, or 

15 any other vessel directly engaged in such fishing ac16 tivities. 

17 (10) NORTH PACIFIC FISHERIES CONVENTION.— 

18 The term ‘‘North Pacific Fisheries Convention’’ means 

19 the Convention on the Conservation and Management 

20 of the High Seas Fisheries Resources in the North Pa21 cific Ocean (including any annexes, amendments, or 

22 protocols that are in force, or have come into force) 

23 for the United States, which was adopted at Tokyo on 

24 February 24, 2012. 

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


smartinez on DSK4TPTVN1PROD with BILLS
33 

•S 2482 RS

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

2 or national of the United States; 

3 (B) any corporation, partnership, associa4 tion, or other entity, whether or not organized or 

5 existing under the laws of any State; or 

6 (C) any Federal, State, local, tribal, or for7 eign government or any entity of such govern8 ment. 

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

10 the Secretary of Commerce. 

11 (13) STATE.—The term ‘‘State’’ means each of 

12 the several States of the United States, the District of 

13 Columbia, the Commonwealth of the Northern Mar14 iana Islands, and any other commonwealth, territory, 

15 or possession of the United States. 

16 (14) STRADDLING STOCK.—The term ‘‘straddling 

17 stock’’ means a stock of fisheries resources which mi18 grates between, or occurs in, the economic exclusion 

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

20 Convention Area. 

21 (15) TRANSSHIPMENT.—The term ‘‘trans22 shipment’’ means the unloading of any fisheries re23 sources taken in the Convention Area from 1 fishing 

24 vessel to another fishing vessel either at sea or in port. 


smartinez on DSK4TPTVN1PROD with BILLS
34 

•S 2482 RS

1 (16) 1982 CONVENTION.—The term ‘‘1982 Con2 vention’’ means the United Nations Convention on the 

3 Law of the Sea of 10 December 1982. 

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

5 (a) APPOINTMENT.— 

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

7 represented on the Commission by not more than 5 

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

9 the President shall select a Commissioner from among 

10 individuals who are knowledgeable or experienced 

11 concerning fisheries resources in the North Pacific 

12 Ocean. 

13 (2) REPRESENTATION.—At least 1 of the Com14 missioners shall be— 

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

16 an officer or employee of— 

17 (i) the Department of Commerce; 

18 (ii) the Department of State; or 

19 (iii) the United States Coast Guard; 

20 and 

21 (B) the chairperson or designee of the North 

22 Pacific Fishery Management Council; 

23 (C) the chairperson or designee of the Pa24 cific Fishery Management Council; and 


smartinez on DSK4TPTVN1PROD with BILLS
35 

•S 2482 RS

1 (D) the chairperson or designee of the West2 ern Pacific Regional Fishery Management Coun3 cil. 

4 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

5 State, in consultation with the Secretary, may designate 

6 from time to time and for periods of time considered appro7 priate an alternate Commissioner to the Commission. An 

8 alternate Commissioner may exercise all powers and duties 

9 of a Commissioner in the absence of a Commissioner ap10 pointed under subsection (a). 

11 (c) ADMINISTRATIVE MATTERS.— 

12 (1) EMPLOYMENT STATUS.—An individual serv13 ing as a Commissioner, or an alternative Commis14 sioner, other than an officer or employee of the United 

15 States Government, shall not be considered a Federal 

16 employee, except for the purposes of injury compensa17 tion or tort claims liability as provided in chapter 81 

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

19 28, United States Code. 

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

21 Commissioner or an alternate Commissioner, al22 though an officer of the United States while so serv23 ing, shall receive no compensation for the individual’s 

24 services as such Commissioner or alternate Commis25 sioner. 


smartinez on DSK4TPTVN1PROD with BILLS
36 

•S 2482 RS

1 (3) TRAVEL EXPENSES.— 

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

3 shall pay the necessary travel expenses of a Com4 missioner or an alternate Commissioner in ac5 cordance with the Federal Travel Regulations 

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

7 5731 of title 5, United States Code. 

8 (B) REIMBURSEMENT.—The Secretary may 

9 reimburse the Secretary of State for amounts ex10 pended by the Secretary of State under this 

11 paragraph. 

12 (d) ADVISORY COMMITTEE.— 

13 (1) ESTABLISHMENT OF PERMANENT ADVISORY

14 COMMITTEE.— 

15 (A) MEMBERSHIP.—There is established an 

16 advisory committee which shall be composed of 

17 11 members appointed by the Secretary, includ18 ing— 

19 (i) a member engaging in commercial 

20 fishing activities in the management area of 

21 the North Pacific Fishery Management 

22 Council; 

23 (ii) a member engaging in commercial 

24 fishing activities in the management area of 

25 the Pacific Fishery Management Council; 


smartinez on DSK4TPTVN1PROD with BILLS
37 

•S 2482 RS

1 (iii) a member engaging in commercial 

2 fishing activities in the management area of 

3 the Western Pacific Regional Fishery Man4 agement Council; 

5 (iv) 3 members from the indigenous 

6 population of the North Pacific including 

7 an Alaska Native, Native Hawaiian or a 

8 native-born inhabitant of any possession of 

9 the United States in the Pacific, and an in10 dividual from a Pacific Coast tribe; 

11 (v) a member that is a marine fisheries 

12 scientist that is a resident of a State the ad13 jacent exclusive economic zone for which is 

14 bounded by the Convention Area; 

15 (vi) a member representing a non-gov16 ernmental organization active in fishery 

17 issues in the North Pacific; 

18 (vii) a member nominated by the Gov19 ernor of the State of Alaska; 

20 (viii) a member nominated by the Gov21 ernor of the State of Hawaii; and 

22 (ix) a member nominated by the Gov23 ernor of the State of Washington. 

24 (B) TERMS AND PRIVILEGES.—Each mem25 ber of the Advisory Committee shall serve for a 


smartinez on DSK4TPTVN1PROD with BILLS
38 

•S 2482 RS

1 term of 2 years and shall be eligible for re2 appointment for not more than 3 consecutive 

3 terms. The Commissioners shall notify the Advi4 sory Committee in advance of each meeting of 

5 the Commissioners. The Advisory Committee 

6 may attend each meeting and may examine and 

7 be heard on all proposed programs, investiga8 tions, reports, recommendations, and regulations 

9 of the Commissioners. 

10 (C) PROCEDURES.—The Advisory Com11 mittee shall determine its organization and pre12 scribe its practices and procedures for carrying 

13 out its functions under this Act, the North Pa14 cific Fisheries Convention, and the Magnuson15 Stevens Fishery Conservation and Management 

16 Act (16 U.S.C. 1801 et seq.). The Advisory Com17 mittee shall publish and make available to the 

18 public a statement of its organization, practices, 

19 and procedures. A majority of the members of the 

20 Advisory Committee shall constitute a quorum to 

21 conduct business. Meetings of the Advisory Com22 mittee, except when in executive session, shall be 

23 open to the public. Prior notice of each non-exec24 utive meeting shall be made public in a timely 

25 fashion. The Advisory Committee shall not be 


smartinez on DSK4TPTVN1PROD with BILLS
39 

•S 2482 RS

1 subject to the Federal Advisory Committee Act (5 

2 U.S.C. App.). 

3 (D) PROVISION OF INFORMATION.—The Sec4 retary and the Secretary of State shall furnish 

5 the Advisory Committee with relevant informa6 tion concerning fisheries resources and inter7 national fishery agreements. 

8 (2) ADMINISTRATIVE MATTERS.— 

9 (A) SUPPORT SERVICES.—The Secretary 

10 shall provide to the Advisory Committee in a 

11 timely manner such administrative and tech12 nical support services as are necessary to func13 tion effectively. 

14 (B) COMPENSATION; STATUS; EXPENSES.— 

15 An individual appointed to serve as a member of 

16 the Advisory Committee— 

17 (i) shall serve without pay; and 

18 (ii) shall not be considered a Federal 

19 employee, except for the purposes of injury 

20 compensation or tort claims liability as 

21 provided in chapter 81 of title 5, United 

22 States Code, and chapter 171 of title 28, 

23 United States Code. 

24 (e) MEMORANDUM OF UNDERSTANDING.—For fisheries 

25 resources in the Convention Area, the Secretary, in coordiVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6203 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
40 

•S 2482 RS

1 nation with the Secretary of State, shall develop a memo2 randum of understanding with each relevant Council that 

3 clarifies the role of each relevant Council with respect to— 

4 (1) participation in U.S. delegations to inter5 national fishery organizations in the Pacific Ocean, 

6 including government-to-government consultations; 

7 (2) providing formal recommendations to the 

8 Secretary and the Secretary of State regarding nec9 essary measures for both domestic and foreign fishing 

10 vessels; 

11 (3) coordinating positions with the U.S. delega12 tion for presentation to the appropriate international 

13 fishery organization; and 

14 (4) recommending those domestic fishing regula15 tions that are consistent with the actions of the inter16 national fishery organization, for approval and im17 plementation under the Magnuson-Stevens Fishery 

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

19 et seq.). 

20 SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SEC21 RETARY OF STATE. 

22 The Secretary of State may— 

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

24 States, reports, requests, recommendations, proposals, 


smartinez on DSK4TPTVN1PROD with BILLS
41 

•S 2482 RS

1 decisions, and other communications of and to the 

2 Commission; 

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

4 disapprove, object to, or withdraw objections to by5 laws and rules, or amendments thereof, adopted by 

6 the Commission; 

7 (3) with the concurrence of the Secretary, ap8 prove or disapprove the general annual program of 

9 the Commission with respect to conservation and 

10 management measures and other measures proposed 

11 or adopted in accordance with the North Pacific Fish12 eries Convention; and 

13 (4) act upon, or refer to other appropriate au14 thority, any communication under paragraph (1). 

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

16 (a) PROMULGATION OF REGULATIONS.—The Sec17 retary, in consultation with the Secretary of State and, 

18 with respect to enforcement measures, the Secretary of the 

19 department in which the Coast Guard is operating, is au20 thorized to promulgate such regulations as may be nec21 essary to carry out the U.S. international obligations under 

22 the North Pacific Fisheries Convention and this Act, includ23 ing recommendations and decisions adopted by the Com24 mission. If the Secretary has discretion in the implementa25 tion of 1 or more measures adopted by the Commission that 


smartinez on DSK4TPTVN1PROD with BILLS
42 

•S 2482 RS

1 would govern a straddling stock under the authority of a 

2 Council, the Secretary shall promulgate, to the extent prac3 ticable within the implementation schedule of the North Pa4 cific Fisheries Convention and any recommendations and 

5 decisions adopted by the Commission, such regulations in 

6 accordance with the procedures established by the Magnu7 son-Stevens Fishery Conservation and Management Act (16 

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

9 (b) RULE OF CONSTRUCTION.—Regulations promul10 gated under subsection (a) shall be applicable only to a per11 son or a fishing vessel that is or has engaged in fishing 

12 activities, or fisheries resources covered by the North Pacific 

13 Fisheries Convention under this Act. 

14 (c) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

17 equipment, and facilities of other Federal departments and 

18 agencies in— 

19 (1) scientific, research, and other programs 

20 under this Act; 

21 (2) fishing operations and biological experiments 

22 for purposes of scientific investigation or other pur23 poses necessary to implement the North Pacific Fish24 eries Convention; 


smartinez on DSK4TPTVN1PROD with BILLS
43 

•S 2482 RS

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

2 such information as may be necessary to implement 

3 the North Pacific Fisheries Convention, subject to sec4 tions 552 and 552a of title 5, United States Code, 

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

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

7 1881a(b)); 

8 (4) if recommended by the Commissioners, the 

9 assessment and collection of fees, not to exceed 3 per10 cent of the ex-vessel value of fisheries resource har11 vested by vessels of the United States in fisheries con12 ducted in the Convention Area, to recover the actual 

13 costs to the United States of management and enforce14 ment under this Act, which shall be deposited as an 

15 offsetting collection in, and credited to, the account 

16 providing appropriations to carry out the functions of 

17 the Secretary under this Act; and 

18 (5) the issuance of permits to owners and opera19 tors of U.S. vessels to engage in fishing activities in 

20 the Convention Area seaward of the U.S. exclusive 

21 economic zone, under such terms and conditions as 

22 the Secretary may prescribe, including the period of 

23 time that a permit is valid. 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
44 

•S 2482 RS

1 fishery management programs administered under this Act, 

2 the Magnuson-Stevens Fishery Conservation and Manage3 ment Act (16 U.S.C. 1801 et seq.), the Tuna Conventions 

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

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

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

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

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

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

10 et seq.). 

11 (e) JUDICIAL REVIEW OF REGULATIONS.— 

12 (1) IN GENERAL.—Regulations promulgated by 

13 the Secretary under this Act shall be subject to judi14 cial review to the extent authorized by, and in accord15 ance with, chapter 7 of title 5, United States Code, 

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

17 days after the date on which the regulations are pro18 mulgated or the action is published in the Federal 

19 Register, as applicable. 

20 (2) RESPONSES.—Notwithstanding any other 

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

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

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

24 served with that petition, except that the appropriate 

25 court may extend the period for filing such a response 


smartinez on DSK4TPTVN1PROD with BILLS
45 

•S 2482 RS

1 upon a showing by the Secretary of good cause for 

2 that extension. 

3 (3) COPIES OF ADMINISTRATIVE RECORD.—A re4 sponse of the Secretary under paragraph (2) shall in5 clude a copy of the administrative record for the regu6 lations that are the subject of the petition. 

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

8 the person who files a petition under this subsection, 

9 the appropriate court shall assign the matter for hear10 ing at the earliest possible date. 

11 SEC. 6. ENFORCEMENT. 

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

13 the department in which the Coast Guard is operating— 

14 (1) shall administer and enforce this Act and 

15 any regulations issued under this Act, except to the 

16 extent otherwise provided for in the Magnuson-Ste17 vens Fishery Conservation and Management Act (16 

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

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

20 non-reimbursed basis the assistance, services, per21 sonnel, equipment, and facilities of other Federal de22 partments and agencies in the administration and 

23 enforcement of this Act. 

24 (b) SECRETARIAL ACTIONS.—Except as provided 

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


smartinez on DSK4TPTVN1PROD with BILLS
46 

•S 2482 RS

1 department in which the Coast Guard is operating shall 

2 prevent any person from violating this Act with respect to 

3 fishing activities or the conservation of fisheries resources 

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

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

6 as though sections 308 through 311 of the Magnuson-Stevens 

7 Fishery Conservation and Management Act (16 U.S.C. 

8 1858, 1859, 1860, 1861) were incorporated into and made 

9 a part of this Act. Any person that violates any provision 

10 of this Act is subject to the penalties and entitled to the 

11 privileges and immunities provided in the Magnuson-Ste12 vens Fishery Conservation and Management Act (16 U.S.C. 

13 1801 et seq.) in the same manner, by the same means, and 

14 with the same jurisdiction, power, and duties as though sec15 tions 308 through 311 of that Act (16 U.S.C. 1858, 1859, 

16 1860, 1861) were incorporated into and made a part of this 

17 Act. 

18 (c) JURISDICTION OF THE COURTS.— 

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

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

21 exclusive jurisdiction over any case or controversy 

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

23 court may at any time— 

24 (A) enter restraining orders or prohibitions; 


smartinez on DSK4TPTVN1PROD with BILLS
47 

•S 2482 RS

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

2 process; 

3 (C) prescribe and accept satisfactory bonds 

4 or other security; and 

5 (D) take such other actions as are in the in6 terest of justice. 

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

8 the case of Hawaii or any possession of the United 

9 States in the Pacific Ocean, the appropriate court is 

10 the United States District Court for the District of 

11 Hawaii, except that— 

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

13 the appropriate court is the United States Dis14 trict Court for the District of Guam; and 

15 (B) in the case of the Northern Mariana Is16 lands, the appropriate court is the United States 

17 District Court for the District of the Northern 

18 Mariana Islands. 

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

20 separate offense and the offense shall be deemed to 

21 have been committed not only in the district where 

22 the violation first occurred, but also in any other dis23 trict authorized by law. Any offense not committed in 

24 any district is subject to the venue provisions of sec25 tion 3238 of title 18, United States Code. 


smartinez on DSK4TPTVN1PROD with BILLS
48 

•S 2482 RS

1 (d) CONFIDENTIALITY.— 

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

3 the Secretary in compliance with any requirement 

4 under this Act shall be confidential and may not be 

5 disclosed, except— 

6 (A) to a Federal employee who is respon7 sible for administering, implementing, or enforc8 ing this Act; 

9 (B) to the Commission, in accordance with 

10 requirements in the North Pacific Fisheries Con11 vention and decisions of the Commission, and, 

12 insofar as possible, in accordance with an agree13 ment with the Commission that prevents public 

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

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

17 Commission employees pursuant to an agreement 

18 with the Secretary that prevents public disclo19 sure of the identity or business of any person; 

20 (D) when required by court order; or 

21 (E) when the Secretary has obtained writ22 ten authorization from the person submitting 

23 such information to release such information to 

24 another person for a reason not otherwise proVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6203 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
49 

•S 2482 RS

1 vided for in this paragraph, and such release 

2 does not violate other requirements of this Act. 

3 (2) USE OF INFORMATION.— 

4 (A) IN GENERAL.—Except as provided 

5 under subparagraph (B), the Secretary shall pro6 mulgate regulations regarding the procedures the 

7 Secretary considers necessary to preserve the con8 fidentiality of information submitted under this 

9 Act. 

10 (B) EXCEPTION.—The Secretary may re11 lease or make public information submitted 

12 under this Act if the information is in any ag13 gregate or summary form that does not directly 

14 or indirectly disclose the identity or business of 

15 any person. 

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

17 subsection shall be interpreted or construed to prevent 

18 the use for conservation and management purposes by 

19 the Secretary of any information submitted under 

20 this Act. 

21 SEC. 7. PROHIBITED ACTS. 

22 It is unlawful for any person— 

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

24 regulation or permit issued pursuant to this Act; 


smartinez on DSK4TPTVN1PROD with BILLS
50 

•S 2482 RS

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

2 activities without, or after the revocation or during 

3 the period of suspension of, an applicable permit 

4 issued pursuant to this Act; 

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

6 enforce the provisions of this Act to board a fishing 

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

8 of conducting any search, investigation, or inspection 

9 in connection with the enforcement of this Act or any 

10 regulation, permit, or the North Pacific Fisheries 

11 Convention; 

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

13 or interfere with any such authorized officer in the 

14 conduct of any search, investigation, or inspection in 

15 connection with the enforcement of this Act or any 

16 regulation, permit, or the North Pacific Fisheries 

17 Convention; 

18 (5) to resist a lawful arrest for any act prohib19 ited by this Act or any regulation promulgated or 

20 permit issued under this Act; 

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

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

23 custody, control, or possession of, any fisheries re24 sources taken or retained in violation of this Act or 


smartinez on DSK4TPTVN1PROD with BILLS
51 

•S 2482 RS

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

2 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 Sec8 retary false information (including false information 

9 regarding the capacity and extent to which a United 

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

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

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

13 regarding any matter that the Secretary is consid14 ering in the course of carrying out this Act; 

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

16 sexually harass, bribe, or interfere with any observer 

17 on a vessel under this Act, or any data collector em18 ployed by or under contract to any person to carry 

19 out responsibilities under this Act; 

20 (10) to engage in fishing activities in violation 

21 of any regulation adopted pursuant to this Act; 

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

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

24 in custody, possession, or control any fisheries reVerDate Sep 11 2014 00:39 Dec 09, 2014 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6203 E:\BILLS\S2482.RS S2482

smartinez on DSK4TPTVN1PROD with BILLS
52 

•S 2482 RS

1 sources 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 by regulations adopted pursuant to this Act to be 

6 made, kept, or furnished; 

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

8 and instructed to stop by a duly authorized official 

9 of the United States; 

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

11 adopted pursuant to this Act, any fisheries resources 

12 in any form of those species subject to regulation pur13 suant to a recommendation, resolution, or decision of 

14 the Commission, or any fisheries resources in any 

15 form not under regulation but under investigation by 

16 the Commission, during the period such fisheries re17 sources have been denied entry in accordance with the 

18 provisions of this Act; 

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

20 or label for, or any false identification of, any fish21 eries resources which has been, or is intended to be 

22 imported, exported, transported, sold, offered for sale, 

23 purchased, or received in interstate or foreign com24 merce; or 


smartinez on DSK4TPTVN1PROD with BILLS
53 

•S 2482 RS

1 (16) to refuse to authorize and accept boarding 

2 by a duly authorized inspector pursuant to proce3 dures adopted by the Commission for the boarding 

4 and inspection of fishing vessels in the Convention 

5 Area. 

6 SEC. 8. COOPERATION IN CARRYING OUT CONVENTION. 

7 (a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI8 TUTIONS AND ORGANIZATIONS.—The Secretary may co9 operate with any Federal agency, any public or private in10 stitution or organization within the United States or 

11 abroad, and, through the Secretary of State, a duly author12 ized official of the government of any party to the North 

13 Pacific Fisheries Convention, in carrying out responsibil14 ities under this Act. 

15 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

16 AND PERSONNEL.—Each Federal agency is authorized, 

17 upon the request of the Secretary, to cooperate in the con18 duct of scientific and other programs and to furnish facili19 ties and personnel for the purpose of assisting the Commis20 sion in carrying out its duties under the North Pacific 

21 Fisheries Convention. 

22 (c) SANCTIONED FISHING OPERATIONS AND BIOLOGI23 CAL EXPERIMENTS.—Nothing in this Act, or in the laws 

24 of any State, prevents the Secretary or the Commission 

25 from— 


smartinez on DSK4TPTVN1PROD with BILLS
54 

•S 2482 RS

1 (1) conducting or authorizing the conduct of fish2 ing operations and biological experiments at any time 

3 for purposes of scientific investigation; or 

4 (2) discharging any other duties prescribed by 

5 the North Pacific Fisheries Convention. 

6 (d) STATE JURISDICTION NOT AFFECTED.—Nothing 

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

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

9 United States. 

10 SEC. 9. TERRITORIAL PARTICIPATION. 

11 The Secretary of State shall ensure participation in 

12 the Commission and its subsidiary bodies by the Common13 wealth of the Northern Mariana Islands to the same extent 

14 provided to the territories of other nations. 

15 SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 

16 Masters of commercial fishing vessels of nations fishing 

17 under the management authority of the North Pacific Fish18 eries Convention that do not carry vessel monitoring sys19 tems capable of communicating with U.S. enforcement au20 thorities shall, prior to or as soon as reasonably possible 

21 after, entering and transiting the exclusive economic zone 

22 bounded by the Convention Area— 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
55 

•S 2482 RS

1 and of the circumstances under which it will enter 

2 U.S. waters; 

3 (2) ensure that all fishing gear on board the ves4 sel is stowed below deck or otherwise removed from the 

5 place it is normally used for fishing activities and 

6 placed where it is not readily available for fishing ac7 tivities; and 

8 (3) if requested by an enforcement officer, pro9 ceed to a specified location so that a vessel inspection 

10 can be conducted. 

11 SEC. 11. AUTHORIZATION OF APPROPRIATIONS. 

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

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

15 the United States contribution to the Commission under Ar16 ticle 12 of the North Pacific Fisheries Convention. 

17 (b) INTERNATIONAL COOPERATION AND ASSIST18 ANCE.— 

19 (1) IN GENERAL.—Subject to the limits of avail20 able appropriations and consistent with applicable 

21 law, the Secretary or the Secretary of State shall pro22 vide appropriate assistance to developing nations, 

23 and international organizations of which such na24 tions are members, to assist those nations in meeting 

25 their obligations under the Convention. 


smartinez on DSK4TPTVN1PROD with BILLS
56 

•S 2482 RS

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

2 of available appropriations and consistent with other 

3 applicable law, the Secretary and the Secretary of 

4 State are authorized to transfer funds to any foreign 

5 government, international, non-governmental, or 

6 international organization, including the Commis7 sion, for purposes of carrying out the international 

8 responsibilities under paragraph (1). 


smartinez on DSK4TPTVN1PROD with BILLS

smartinez on DSK4TPTVN1PROD with BILLS
Calendar No. 621 

113TH CONGRESS 

2D SESSION S. 2482 

A BILL 

To implement the Convention on the Conservation 

purposes. at Tokyo on February 24, 2012, and for other sources in the North Pacific Ocean, as adopted and Management of the High Seas Fisheries ReDECEMBER 8, 2014 

Reported with an amendment 


smartinez on DSK4TPTVN1PROD with BILLS