II 

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 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Convention Implementation Act’’. 

6 SEC. 2. DEFINITIONS. 

7 In this Act: 


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

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

5 means the North Pacific Fisheries Commission es6 tablished pursuant to the North Pacific Fisheries 

7 Convention. 

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

10 section 3. 

11 (4) CONVENTION AREA.—The term ‘‘Conven12 tion Area’’ means the waters of the high seas areas 

13 of the North Pacific Ocean, excluding the high seas 

14 areas of the Bering Sea and other high seas areas 

15 that are surrounded by the exclusive economic zone 

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

17 by a continuous line beginning at the seaward limit 

18 of waters under the jurisdiction of the United States 

19 around the Commonwealth of the Northern Mariana 

20 Islands at 20 degrees North latitude, then pro21 ceeding East and connecting the coordinates: 

22 20°00’00’’, 180°00’00’’E/W; 10°00’00’’N 

23 180°00’00’’E/W; 10°00’00’’N, 140°00’00’’W; 

24 20°00’00’’N, 140°00’00’’W; and thence East to the 


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1 seaward limit of waters under the fisheries jurisdic2 tion of Mexico. 

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

4 Western Pacific Fishery Management Council, the 

5 Pacific Fishery Management Council, or the North 

6 Pacific Fishery Management Council. 

7 (6) EXCLUSIVE ECONOMIC ZONE.—The term 

8 ‘‘exclusive economic zone’’ means the zone estab9 lished by Presidential Proclamation Numbered 5030 

10 of March 10, 1983. 

11 (7) FISHERIES RESOURCES.— 

12 (A) IN GENERAL.—The term ‘‘fisheries re13 sources’’ means all fish, mollusks, crustaceans, 

14 and other marine species caught by a fishing 

15 vessel within the Convention Area. 

16 (B) EXCLUSIONS.—The term ‘‘fisheries re17 sources’’ does not include— 

18 (i) sedentary species insofar as they 

19 are subject to the sovereign rights of coast20 al nations consistent with Article 77, para21 graph 4 of the 1982 Convention and indi22 cator species of vulnerable marine eco23 systems as listed in, or adopted pursuant 

24 to, Article 13, paragraph 5 of the North 

25 Pacific Fisheries Convention; 


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1 (ii) catadromous species; 

2 (iii) marine mammals, marine reptiles, 

3 or seabirds; or 

4 (iv) other marine species already cov5 ered by pre-existing international fisheries 

6 management instruments within the area 

7 of competence of such instruments. 

8 (8) FISHING ACTIVITIES.— 

9 (A) IN GENERAL.—The term ‘‘fishing ac10 tivities’’ means— 

11 (i) the actual or attempted searching 

12 for, catching, taking, or harvesting of fish13 eries resources; 

14 (ii) engaging in any activity that can 

15 reasonably be expected to result in the lo16 cating, catching, taking, or harvesting of 

17 fisheries resources for any purpose; 

18 (iii) the processing of fisheries re19 sources at sea; 

20 (iv) the transhipment of fisheries re21 sources at sea or in port; and 

22 (v) any operation at sea in direct sup23 port of, or in preparation for, any activity 

24 described in clauses (i) through (iv), in25 cluding transshipment. 


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1 (B) EXCLUSIONS.—The term ‘‘fishing ac2 tivities’’ does not include any operation related 

3 to an emergency involving the health or safety 

4 of a crew member or the safety of a fishing ves5 sel. 

6 (9) FISHING VESSEL.—The term ‘‘fishing ves7 sel’’ means any vessel used or intended for use for 

8 the purpose of engaging in fishing activities, includ9 ing a processing vessel, a support ship, a carrier ves10 sel, or any other vessel directly engaged in such fish11 ing activities. 

12 (10) NORTH PACIFIC FISHERIES CONVEN13 TION.—The term ‘‘North Pacific Fisheries Conven14 tion’’ means the Convention on the Conservation and 

15 Management of the High Seas Fisheries Resources 

16 in the North Pacific Ocean (including any annexes, 

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

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

19 adopted at Tokyo on February 24, 2012. 

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

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

22 or national of the United States; 

23 (B) any corporation, partnership, associa24 tion, or other entity, whether or not organized 

25 or existing under the laws of any State; and 


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1 (C) any Federal, State, local, tribal, or for2 eign government or any entity of such govern3 ment. 

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

5 means the Secretary of Commerce. 

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

7 the several States of the United States, the District 

8 of Columbia, the Commonwealth of the Northern 

9 Mariana Islands, and any other commonwealth, ter10 ritory, or possession of the United States. 

11 (14) TRANSSHIPMENT.—The term ‘‘trans12 shipment’’ means the unloading of any fisheries re13 sources taken in the Convention Area from 1 fishing 

14 vessel to another fishing vessel either at sea or in 

15 port. 

16 (15) 1982 CONVENTION.—The term ‘‘1982 

17 Convention’’ means the United Nations Convention 

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

19 SEC. 3. APPOINTMENT OF UNITED STATES COMMISSIONER. 

20 (a) APPOINTMENT.—The United States shall be rep21 resented on the Commission by 1 U.S. Commissioner. The 

22 President shall appoint an individual to serve on the Com23 mission at the pleasure of the President. In making an 

24 appointment, the President shall select an individual who 


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1 is knowledgeable or experienced concerning fisheries re2 sources in the North Pacific Ocean. 

3 (b) ALTERNATE COMMISSIONERS.—The Secretary of 

4 State, in consultation with the Secretary, may designate 

5 from time to time and for periods of time considered ap6 propriate an alternate Commissioner to the Commission. 

7 An alternate Commissioner may exercise all powers and 

8 duties of a Commissioner in the absence of a Commis9 sioner appointed under subsection (a) for whatever reason. 

10 (c) ADMINISTRATIVE MATTERS.— 

11 (1) EMPLOYMENT STATUS.—An individual serv12 ing as a Commissioner, or an alternative Commis13 sioner, other than an officer or employee of the 

14 United States Government, shall not be considered 

15 a Federal employee, except for the purposes of in16 jury compensation or tort claims liability as provided 

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

18 chapter 171 of title 28, United States Code. 

19 (2) COMPENSATION.—An individual serving as 

20 a Commissioner or an alternate Commissioner, al21 though an officer of the United States while so serv22 ing, shall receive no compensation for the individ23 ual’s services as such Commissioner or alternate 

24 Commissioner. 

25 (3) TRAVEL EXPENSES.— 


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

2 shall pay the necessary travel expenses of a 

3 Commissioner or an alternate Commissioner in 

4 accordance with the Federal Travel Regulations 

5 and sections 5701, 5702, 5704 through 5708, 

6 and 5731 of title 5, United States Code. 

7 (B) REIMBURSEMENT.—The Secretary 

8 may reimburse the Secretary of State for 

9 amounts expended by the Secretary of State 

10 under this paragraph. 

11 (d) ADVISORY COMMITTEE.— 

12 (1) ESTABLISHMENT OF PERMANENT ADVISORY

13 COMMITTEE.— 

14 (A) MEMBERSHIP.—There is established 

15 an advisory committee which shall be composed 

16 of— 

17 (i) an individual that is a resident of 

18 Alaska appointed by the North Pacific 

19 Fishery Management Council; 

20 (ii) an individual appointed by the Pa21 cific Fishery Management Council; 

22 (iii) an individual appointed by the 

23 Western Pacific Fishery Management 

24 Council; and 


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1 (iv) 2 individuals appointed by the 

2 Secretary, including— 

3 (I) an Alaska Native, a Native 

4 Hawaiian, a native-born inhabitant of 

5 any possession of the United States in 

6 the Pacific Ocean, or a member of a 

7 Pacific Northwest tribe; and 

8 (II) a marine fisheries scientist 

9 that is a resident of a State the adja10 cent exclusive economic zone for which 

11 is bounded by the Convention Area. 

12 (B) TERMS AND PRIVILEGES.—Each mem13 ber of the Advisory Committee shall serve for a 

14 term of 2 years and shall be eligible for re15 appointment. The Commissioner shall notify in 

16 advance the Advisory Committee of each meet17 ing of the Commission. The Advisory Com18 mittee may attend each meeting and may exam19 ine and be heard on all proposed programs of 

20 investigation, reports, recommendations, and 

21 regulations of the Commission. 

22 (C) PROCEDURES.—The Advisory Com23 mittee shall determine its organization and pre24 scribe its practices and procedures for carrying 

25 out its functions under this Act, the North PaVerDate Mar 15 2010 03:03 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2482.IS S2482

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1 cific Fisheries Convention, and the Magnuson2 Stevens Fishery Conservation and Management 

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

4 Committee shall publish and make available to 

5 the public a statement of its organization, prac6 tices, and procedures. A majority of the mem7 bers of the Advisory Committee shall constitute 

8 a quorum to conduct business. Meetings of the 

9 Advisory Committee, except when in executive 

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

11 of each non-executive meeting shall be made 

12 public in a timely fashion. The Advisory Com13 mittee shall not be subject to the Federal Advi14 sory Committee Act (5 U.S.C. App.). 

15 (D) PROVISION OF INFORMATION.—The 

16 Secretary and the Secretary of State shall fur17 nish the Advisory Committee with relevant in18 formation concerning fisheries resources and 

19 international fishery agreements. 

20 (2) ADMINISTRATIVE MATTERS.— 

21 (A) SUPPORT SERVICES.—The Secretary 

22 shall provide to the Advisory Committee in a 

23 timely manner such administrative and tech24 nical support services as are necessary to func25 tion effectively. 


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1 (B) COMPENSATION; STATUS; EX2 PENSES.—An individual appointed to serve as a 

3 member of the Advisory Committee— 

4 (i) shall serve without pay, but while 

5 away from the individual’s home or regular 

6 place of business in the performance of 

7 services for the Advisory Committee shall 

8 be allowed travel expenses, including per 

9 diem in lieu of subsistence, in the same 

10 manner as a person employed intermit11 tently in the Government service is allowed 

12 expenses under section 5703 of title 5, 

13 United States Code; and 

14 (ii) shall not be considered a Federal 

15 employee, except for the purposes of injury 

16 compensation or tort claims liability as 

17 provided in chapter 81 of title 5, United 

18 States Code, and chapter 171 of title 28, 

19 United States Code. 

20 (e) MEMORANDUM OF UNDERSTANDING.—For fish21 eries resources in the Convention Area, the Secretary, in 

22 coordination with the Secretary of State, shall develop a 

23 memorandum of understanding with the Western Pacific, 

24 Pacific, and North Pacific Fishery Management Councils, 


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1 that clarifies the role of each relevant Council with respect 

2 to— 

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

5 including government-to-government consultations; 

6 (2) providing formal recommendations to the 

7 Secretary and the Secretary of State regarding nec8 essary measures for both domestic and foreign ves9 sels fishing for fisheries resources; 

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

12 fishery organization; and 

13 (4) recommending those domestic fishing regu14 lations that are consistent with the actions of the 

15 international fishery organization, for approval and 

16 implementation under the Magnuson-Stevens Fish17 ery Conservation and Management Act (16 U.S.C. 

18 1801 et seq.). 

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

21 The Secretary of State may— 

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

23 United States, reports, requests, recommendations, 

24 proposals, decisions, and other communications of 

25 and to the Commission; 


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

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

4 the Commission; 

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

7 the Commission with respect to conservation and 

8 management measures and other measures proposed 

9 or adopted in accordance with the North Pacific 

10 Fisheries Convention; and 

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

13 SEC. 5. RULEMAKING AUTHORITY OF THE SECRETARY OF 

14 COMMERCE. 

15 (a) PROMULGATION OF REGULATIONS.—The Sec16 retary, in consultation with the Secretary of State and, 

17 with respect to enforcement measures, the Secretary of the 

18 department in which the Coast Guard is operating, is au19 thorized to promulgate such regulations as may be nec20 essary to carry out the U.S. international obligations 

21 under the North Pacific Fisheries Convention and this 

22 Act, including recommendations and decisions adopted by 

23 the Commission. If the Secretary has discretion in the im24 plementation of 1 or more measures adopted by the Com25 mission that would govern fisheries resources under the 


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1 authority of a Regional Fishery Management Council, the 

2 Secretary may promulgate, to the extent practicable with3 in the implementation schedule of the North Pacific Fish4 eries Convention and any recommendations and decisions 

5 adopted by the Commission, such regulations in accord6 ance with the procedures established by the Magnuson7 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 

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

12 the North Pacific Fisheries Convention or this Act. 

13 (c) JUDICIAL REVIEW OF REGULATIONS.— 

14 (1) IN GENERAL.—Regulations promulgated by 

15 the Secretary under this Act shall be subject to judi16 cial review to the extent authorized by, and in ac17 cordance with, chapter 7 of title 5, United States 

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

19 than 30 days after the date on which the regulations 

20 are promulgated or the action is published in the 

21 Federal Register, as applicable. 

22 (2) RESPONSES.—Notwithstanding any other 

23 provision of law, the Secretary shall file a response 

24 to any petition filed in accordance with paragraph 

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1 retary is served with that petition, except that the 

2 appropriate court may extend the period for filing 

3 such a response upon a showing by the Secretary of 

4 good cause for that extension. 

5 (3) COPIES OF ADMINISTRATIVE RECORD.—A 

6 response of the Secretary under paragraph (2) shall 

7 include a copy of the administrative record for the 

8 regulations that are the subject of the petition. 

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

10 the person who files a petition under this subsection, 

11 the appropriate court shall assign the matter for 

12 hearing at the earliest possible date. 

13 SEC. 6. ENFORCEMENT. 

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

15 of the department in which the Coast Guard is oper16 ating— 

17 (1) shall administer and enforce this Act and 

18 any regulations issued under this Act, except to the 

19 extent otherwise provided for in the Magnuson-Ste20 vens Fishery Conservation and Management Act (16 

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

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

23 non-reimbursed basis the assistance, services, per24 sonnel, equipment, and facilities of other Federal deVerDate Mar 15 2010 03:03 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2482.IS S2482

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1 partments and agencies in the administration and 

2 enforcement of this Act. 

3 (b) ADDITIONAL AUTHORITY.—The Secretary may 

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

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

6 equipment, and facilities of other Federal departments 

7 and agencies in— 

8 (1) scientific, research, and other programs 

9 under this Act; 

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

12 other purposes necessary to implement the North 

13 Pacific Fisheries Convention; 

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

15 such information as may be necessary to implement 

16 the North Pacific Fisheries Convention, subject to 

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

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

19 Fishery Conservation and Management Act (16 

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

21 (4) if recommended by the Commissioners or 

22 proposed by a Council with authority over the rel23 evant fisheries, the assessment and collection of fees, 

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

25 harvested by vessels of the United States in fisheries 


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1 managed pursuant to this Act, to recover the actual 

2 costs to the United States of management and en3 forcement under this Act, which shall be deposited 

4 as an offsetting collection in, and credited to, the ac5 count providing appropriations to carry out the func6 tions of the Secretary under this Act; and 

7 (5) the issuance of permits to owners and oper8 ators of U.S. vessels to fish in the Convention Area 

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

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

12 valid. 

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

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

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

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

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

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

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

23 Western and Central Pacific Fisheries Convention Imple24 mentation Act (16 U.S.C. 6901 et seq.). 


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1 (d) SECRETARIAL ACTIONS.—Except as provided 

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

3 the department in which the Coast Guard is operating 

4 shall prevent any person from violating this Act in the 

5 same manner, by the same means, and with the same ju6 risdiction, powers, and duties as though sections 308 

7 through 311 of the Magnuson-Stevens Fishery Conserva8 tion and Management Act (16 U.S.C. 1858, 1859, 1860, 

9 1861) were incorporated into and made a part of this Act. 

10 Any person that violates any provision of this Act is sub11 ject to the penalties and entitled to the privileges and im12 munities provided in the Magnuson-Stevens Fishery Con13 servation and Management Act (16 U.S.C. 1801 et seq.) 

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

15 same jurisdiction, power, and duties as though sections 

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

17 1860, 1861) were incorporated into and made a part of 

18 this Act. 

19 (e) JURISDICTION OF THE COURTS.— 

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

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

22 shall have exclusive jurisdiction over any case or 

23 controversy arising under the provisions of this Act, 

24 and any such court may at any time— 


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1 (A) enter restraining orders or prohibi2 tions; 

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

4 other process; 

5 (C) prescribe and accept satisfactory bonds 

6 or other security; and 

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

8 interest of justice. 

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

10 the case of Hawaii or any possession of the United 

11 States in the Pacific Ocean, the appropriate court is 

12 the United States District Court for the District of 

13 Hawaii, except that— 

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

15 the appropriate court is the United States Dis16 trict Court for the District of Guam; and 

17 (B) in the case of the Northern Mariana 

18 Islands, the appropriate court is the United 

19 States District Court for the District of the 

20 Northern Mariana Islands. 

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

22 separate offense and the offense shall be deemed to 

23 have been committed not only in the district where 

24 the violation first occurred, but also in any other 

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1 mitted in any district is subject to the venue provi2 sions of section 3238 of title 18, United States 

3 Code. 

4 (f) CONFIDENTIALITY.— 

5 (1) IN GENERAL.—Any information submitted 

6 to the Secretary in compliance with any requirement 

7 under this Act shall be confidential and may not be 

8 disclosed, except— 

9 (A) to a Federal employee who is respon10 sible for administering, implementing, and en11 forcing this Act; 

12 (B) to the Commission, in accordance with 

13 requirements in the North Pacific Fisheries 

14 Convention and decisions of the Commission, 

15 and, insofar as possible, in accordance with an 

16 agreement with the Commission that prevents 

17 public disclosure of the identity or business of 

18 any person; 

19 (C) to State or Marine Fisheries Commis20 sion employees pursuant to an agreement with 

21 the Secretary that prevents public disclosure of 

22 the identity or business or person; 

23 (D) when required by court order; or 

24 (E) when the Secretary has obtained writ25 ten authorization from the person submitting 


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1 such information to release such information to 

2 another person for a reason not otherwise pro3 vided for in this paragraph, and such release 

4 does not violate other requirements of this Act. 

5 (2) USE OF INFORMATION.— 

6 (A) IN GENERAL.—Except as provided 

7 under subparagraph (B), the Secretary shall 

8 promulgate regulations regarding the proce9 dures the Secretary considers necessary to pre10 serve the confidentiality of information sub11 mitted under this Act. 

12 (B) EXCEPTION.—The Secretary may re13 lease or make public information submitted 

14 under this Act if the information is in any ag15 gregate or summary form that does not directly 

16 or indirectly disclose the identity or business of 

17 any person. 

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

19 subsection shall be interpreted or construed to pre20 vent the use for conservation and management pur21 poses by the Secretary of any information submitted 

22 under this Act. 

23 SEC. 7. PROHIBITED ACTS. 

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


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

2 regulation or permit issued pursuant to this Act; 

3 (2) to use any fishing vessel to engage in fish4 ing activities after the revocation, or during the pe5 riod of suspension, on an applicable permit issued 

6 pursuant to this Act; 

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

8 enforce the provisions of this Act to board a fishing 

9 vessel subject to such person’s control for the pur10 poses of conducting any search, investigation, or in11 spection in connection with the enforcement of this 

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

13 Fisheries Convention; 

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

15 intimidate, or interfere with any such authorized of16 ficer in the conduct of any search, investigation, or 

17 inspection in connection with the enforcement of this 

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

19 Fisheries Convention; 

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

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

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

24 custody, control, or possession of, any fisheries re25 sources taken or retained in violation of this Act or 


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1 any regulation, permit, or agreement referred to in 

2 paragraph (1) or (2); 

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

4 means, the apprehension or arrest of another person, 

5 knowing that such other person has committed any 

6 act prohibited by this section; 

7 (8) to knowingly and willfully submit to the 

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

10 United States fish processor, on an annual basis, 

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

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

15 this Act; 

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

17 intimidate, sexually harass, bribe, or interfere with 

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

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

21 (10) to engage in fishing activities in violation 

22 of any regulation adopted pursuant to this Act; 

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

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

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1 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; or 

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 

13 pursuant to a recommendation, resolution, or deci14 sion of the Commission, or any fisheries resources in 

15 any form not under regulation but under investiga16 tion by the Commission, during the period such fish17 eries resources have been denied entry in accordance 

18 with the provisions of this Act. 

19 (b) ENTRY CERTIFICATION.—In the case of any fish20 eries resources described in subsection (a) offered for 

21 entry into the United States, the Secretary shall require 

22 proof satisfactory to the Secretary that such fisheries re23 sources are not ineligible for such entry under the terms 

24 of this Act. 


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1 SEC. 8. COOPERATION IN CARRYING OUT CONVENTION. 

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

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

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

10 (b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES

11 AND PERSONNEL.—Each Federal agency is authorized, 

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

16 Fisheries Convention. 

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

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

21 (1) conducting or authorizing the conduct of 

22 fishing operations and biological experiments at any 

23 time for purposes of scientific investigation; or 

24 (2) discharging any other duties prescribed by 

25 the North Pacific Fisheries Convention. 


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1 (d) STATE JURISDICTION NOT AFFECTED.—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— 


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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 Mar 15 2010 03:03 Jun 20, 2014 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\S2482.IS S2482

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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 


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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. 

Æ 


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