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violation first occurred, but also in any other district 
authorized by law. Any offense not committed in any 
district is subject to the venue provisions of section 
3238 of title 18, United States Code. 
(d) CONFIDENTIALITY.— 
(1) IN GENERAL.—Any information submitted 
to the Secretary in compliance with any requirement 
under this subtitle, and information submitted under 
any requirement of this subtitle that may be nec-
essary to implement the Convention, including infor-
mation submitted before the date of the enactment 
of this Act, shall be confidential and may not be dis-
closed, except— 
(A) to a Federal employee who is respon-
sible for administering, implementing, or en-
forcing this subtitle; 
(B) to the Commission, in accordance with 
requirements in the North Pacific Fisheries 
Convention and decisions of the Commission, 
and, insofar as possible, in accordance with an 
agreement with the Commission that prevents 
public disclosure of the identity or business of 
any person; 
(C) to State, Council, or marine fisheries 
commission employees pursuant to an agree-
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ment with the Secretary that prevents public 
disclosure of the identity or business of any per-
son; 
(D) when required by court order; or 
(E) when the Secretary has obtained writ-
ten authorization from the person submitting 
such information to release such information to 
another person for a reason not otherwise pro-
vided for in this paragraph, and such release 
does not violate other requirements of this sub-
title. 
(2) USE OF INFORMATION.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the Secretary shall promul-
gate regulations regarding the procedures the 
Secretary considers necessary to preserve the 
confidentiality of information submitted under 
this subtitle. 
(B) EXCEPTION.—The Secretary may re-
lease or make public information submitted 
under this subtitle if the information is in any 
aggregate or summary form that does not di-
rectly or indirectly disclose the identity or busi-
ness of any person. 
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(3) RULE OF CONSTRUCTION.—Nothing in this 
subsection shall be interpreted or construed to pre-
vent the use for conservation and management pur-
poses by the Secretary of any information submitted 
under this subtitle. 
SEC. 106. PROHIBITED ACTS. 
It is unlawful for any person— 
(1) to violate this subtitle or any regulation or 
permit issued under this subtitle; 
(2) to use any fishing vessel to engage in fish-
ing activities without, or after the revocation or dur-
ing the period of suspension of, an applicable permit 
issued pursuant to this subtitle; 
(3) to refuse to permit any officer authorized to 
enforce this subtitle to board a fishing vessel subject 
to such person’s control for the purposes of con-
ducting any search, investigation, or inspection in 
connection with the enforcement of this subtitle or 
any regulation, permit, or the North Pacific Fish-
eries Convention; 
(4) to assault, resist, oppose, impede, intimi-
date, or interfere with any such authorized officer in 
the conduct of any search, investigation, or inspec-
tion in connection with the enforcement of this sub-
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title or any regulation, permit, or the North Pacific 
Fisheries Convention; 
(5) to resist a lawful arrest for any act prohib-
ited by this subtitle or any regulation promulgated 
or permit issued under this subtitle; 
(6) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or 
possession of, any fisheries resources taken or re-
tained in violation of this subtitle or any regulation 
or permit referred to in paragraph (1) or (2); 
(7) to interfere with, delay, or prevent, by any 
means, the apprehension or arrest of another person, 
knowing that such other person has committed any 
act prohibited by this section; 
(8) to submit to the Secretary false information 
(including false information regarding the capacity 
and extent to which a United States fish processor, 
on an annual basis, will process a portion of the op-
timum yield of a fishery that will be harvested by 
fishing vessels of the United States), regarding any 
matter that the Secretary is considering in the 
course of carrying out this subtitle; 
(9) to assault, resist, oppose, impede, intimi-
date, sexually harass, bribe, or interfere with any ob-
server on a vessel under this subtitle, or any data 
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collector employed by or under contract to any per-
son to carry out responsibilities under this subtitle; 
(10) to engage in fishing activities in violation 
of any regulation adopted pursuant to this subtitle; 
(11) to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports required 
by regulations adopted pursuant to this subtitle to 
be made, kept, or furnished; 
(12) to fail to stop a vessel upon being hailed 
and instructed to stop by a duly authorized official 
of the United States; 
(13) to import, in violation of any regulation 
adopted pursuant to this subtitle, any fisheries re-
sources in any form of those species subject to regu-
lation pursuant to a recommendation, resolution, or 
decision of the Commission, or any fisheries re-
sources in any form not under regulation but under 
investigation by the Commission, during the period 
such fisheries resources have been denied entry in 
accordance with this subtitle; 
(14) to make or submit any false record, ac-
count, or label for, or any false identification of, any 
fisheries resources that have been, or are intended to 
be imported, exported, transported, sold, offered for 
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sale, purchased, or received in interstate or foreign 
commerce; or 
(15) to refuse to authorize and accept boarding 
by a duly authorized inspector pursuant to proce-
dures adopted by the Commission for the boarding 
and inspection of fishing vessels in the Convention 
Area. 
SEC. 107. COOPERATION IN CARRYING OUT CONVENTION. 
(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI-
TUTIONS AND ORGANIZATIONS.—The Secretary may co-
operate with any Federal agency, any public or private in-
stitution or organization within the United States or 
abroad, and, through the Secretary of State, a duly au-
thorized official of the government of any party to the 
North Pacific Fisheries Convention, in carrying out re-
sponsibilities under this subtitle. 
(b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES 
AND PERSONNEL.—Each Federal agency may, upon the 
request of the Secretary, cooperate in the conduct of sci-
entific and other programs and furnish facilities and per-
sonnel for the purpose of assisting the Commission in car-
rying out its duties under the North Pacific Fisheries Con-
vention. 
(c) SANCTIONED FISHING OPERATIONS AND BIO-
LOGICAL EXPERIMENTS.—Nothing in this subtitle, or in 
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the laws of any State, prevents the Secretary or the Com-
mission from— 
(1) conducting or authorizing the conduct of 
fishing operations and biological experiments at any 
time for purposes of scientific investigation; or 
(2) discharging any other duties prescribed by 
the North Pacific Fisheries Convention. 
(d) STATE JURISDICTION NOT AFFECTED.—Nothing 
in this subtitle shall be construed to diminish or to in-
crease the jurisdiction of any State in the territorial sea 
of the United States. 
SEC. 108. TERRITORIAL PARTICIPATION. 
The Secretary of State shall ensure participation in 
the Commission and its subsidiary bodies by the Common-
wealth of the Northern Mariana Islands, American 
Samoa, and Guam to the extent allowed under United 
States law. 
SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 
Masters of commercial fishing vessels of countries 
fishing under the management authority of the North Pa-
cific Fisheries Convention that do not carry vessel moni-
toring systems capable of communicating with United 
States enforcement authorities shall, prior to or as soon 
as reasonably possible after, entering and transiting the 
exclusive economic zone bounded by the Convention Area, 
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ensure that all fishing gear on board the vessel is stowed 
below deck or otherwise removed from the place it is nor-
mally used for fishing activities and placed where it is not 
readily available for fishing activities. 
SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated out of funds 
made available to the Secretary and the Secretary of State 
$300,000 for each of fiscal years 2017 through 2021 to 
carry out this subtitle and to pay the United States con-
tribution to the Commission under Article 12 of the North 
Pacific Fisheries Convention. 
Subtitle B—Miscellaneous 
SEC. 121. FUNDING FOR TRAVEL EXPENSES. 
(a) NORTH PACIFIC BERING SEA FISHERIES ADVI-
SORY BODY.—Section 5 of the Act entitled ‘‘An Act to 
approve the governing international fishery agreement be-
tween the United States and the Union of Soviet Socialist 
Republics, and for other purposes’’, approved November 
7, 1988 (Public Law 100–629; 16 U.S.C. 1823 note), is 
amended by adding at the end the following: 
‘‘(e) TRAVEL EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary of State may 
pay the necessary travel expenses of the members of 
the advisory body established pursuant to this sec-
tion in carrying out their service as such members 
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in accordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, and 
5731 of title 5, United States Code. 
‘‘(2) 
REIMBURSEMENT.—The 
Secretary 
of 
Commerce may reimburse the Secretary of State for 
amounts expended by the Secretary of State under 
this subsection.’’. 
(b) NORTH PACIFIC ANADROMOUS FISH COMMIS-
SION.— 
(1) UNITED STATES COMMISSIONERS.—Section 
804 of the North Pacific Anadromous Stocks Act of 
1992 (16 U.S.C. 5003) is amended by adding at the 
end the following: 
‘‘(e) TRAVEL EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary may pay the 
necessary travel expenses of the United States Com-
missioners and Alternate United States Commis-
sioners in carrying out the duties of the Commission 
in accordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, and 
5731 of title 5, United States Code. 
‘‘(2) 
REIMBURSEMENT.—The 
Secretary 
of 
Commerce may reimburse the Secretary for amounts 
expended by the Secretary under this subpara-
graph.’’. 
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(2) ADVISORY
PANEL.—Section 805 of the 
North Pacific Anadromous Stocks Act of 1992 (16 
U.S.C. 5004) is amended by striking subsection (e) 
and inserting the following: 
‘‘(e) COMPENSATION.—The members of the Advisory 
Panel shall receive no compensation for their service as 
such members. 
‘‘(f) TRAVEL EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary may pay the 
necessary travel expenses of the members of the Ad-
visory Panel in carrying out their service as such 
members in accordance with the Federal Travel Reg-
ulations and sections 5701, 5702, 5704 through 
5708, and 5731 of title 5, United States Code. 
‘‘(2) 
REIMBURSEMENT.—The 
Secretary 
of 
Commerce may reimburse the Secretary for amounts 
expended by the Secretary under this subpara-
graph.’’. 
SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAU-
THORIZATION ACT OF 1998. 
Section 10 of the National Sea Grant College Pro-
gram Reauthorization Act of 1998 (15 U.S.C. 1541) is 
amended by striking ‘‘the United States Coast Guard’’ 
each place it appears and inserting ‘‘another Federal 
agency’’. 
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TITLE II—IMPLEMENTATION OF 
THE CONVENTION ON THE 
CONSERVATION 
AND 
MAN-
AGEMENT 
OF 
HIGH 
SEAS 
FISHERY RESOURCES IN THE 
SOUTH PACIFIC OCEAN 
SEC. 201. DEFINITIONS. 
In this title: 
(1) 1982 CONVENTION.—The term ‘‘1982 Con-
vention’’ means the United Nations Convention on 
the Law of the Sea of 10 December 1982. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the Commission of the South Pacific Regional 
Fisheries Management Organization established in 
accordance with the South Pacific Fishery Resources 
Convention. 
(3) CONVENTION
AREA.—The term ‘‘Conven-
tion Area’’ means the area to which the Convention 
on the Conservation and Management of High Seas 
Fishery Resources in the South Pacific Ocean ap-
plies under Article 5 of such Convention. 
(4) COUNCIL.—The term ‘‘Council’’ means the 
Western Pacific Regional Fishery Management 
Council. 
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(5) EXCLUSIVE
ECONOMIC
ZONE.—The term 
‘‘exclusive economic zone’’ means— 
(A) with respect to the United States, the 
zone established by Presidential Proclamation 
Numbered 5030 of March 10, 1983 (16 U.S.C. 
1453 note); and 
(B) with respect to a foreign country, a 
designated zone similar to the zone referred to 
in subparagraph (A) for that country, con-
sistent with international law. 
(6) FISHERY RESOURCES.—The term ‘‘fishery 
resources’’ means all fish, mollusks, crustaceans, 
and other marine species, and any products thereof, 
caught by a fishing vessel within the Convention 
Area, but excluding— 
(A) sedentary species insofar as they are 
subject to the national jurisdiction of coastal 
States pursuant to Article 77 paragraph 4 of 
the 1982 Convention; 
(B) highly migratory species listed in 
Annex I of the 1982 Convention; 
(C) anadromous and catadromous species; 
and 
(D) marine mammals, marine reptiles and 
sea birds. 
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port ship, carrier vessel, or any other vessel directly 
engaged in fishing operations. 
(9) PERSON.—The term ‘‘person’’ means any 
individual (whether or not a citizen or national of 
the United States); any corporation, partnership, as-
sociation, or other entity (whether or not organized 
or existing under the laws of any State); and any 
Federal, State, local, or foreign government or any 
entity of any such government. 
(10) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(11) SOUTH PACIFIC FISHERY RESOURCES CON-
VENTION.—The term ‘‘South Pacific Fishery Re-
sources Convention’’ means the Convention on the 
Conservation and Management of the High Seas 
Fishery Resources in the South Pacific Ocean (in-
cluding any annexes, amendments, or protocols that 
are in force, or have come into force, for the United 
States), which was adopted at Auckland, New Zea-
land, on November 14, 2009, by the International 
Consultations on the Proposed South Pacific Re-
gional Fisheries Management Organization. 
(12) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of the Northern 
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Mariana Islands, American Samoa, Guam, and any 
other commonwealth, territory, or possession of the 
United States. 
SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED 
STATES COMMISSIONERS. 
(a) APPOINTMENT.— 
(1) IN GENERAL.—The United States shall be 
represented on the Commission by not more than 3 
Commissioners. In making each appointment, the 
President shall select a Commissioner from among 
individuals who are knowledgeable or experienced 
concerning fishery resources in the South Pacific 
Ocean. 
(2) REPRESENTATION.—At least 1 of the Com-
missioners shall be— 
(A) serving at the pleasure of the Presi-
dent, an officer or employee of— 
(i) the Department of Commerce; 
(ii) the Department of State; or 
(iii) the Coast Guard; and 
(B) the chairperson or designee of the 
Council. 
(b) ALTERNATE COMMISSIONERS.—The Secretary of 
State, in consultation with the Secretary, may designate 
from time to time and for periods of time considered ap-
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propriate an alternate Commissioner to the Commission. 
An alternate Commissioner may exercise all powers and 
duties of a Commissioner in the absence of a Commis-
sioner appointed under subsection (a). 
(c) ADMINISTRATIVE MATTERS.— 
(1) EMPLOYMENT STATUS.—An individual serv-
ing as a Commissioner, or as an alternate Commis-
sioner, other than an officer or employee of the 
United States Government, shall not be considered 
a Federal employee, except for the purposes of in-
jury compensation or tort claims liability as provided 
in chapter 81 of title 5, United States Code, and 
chapter 171 of title 28, United States Code. 
(2) COMPENSATION.—An individual serving as 
a Commissioner or an alternate Commissioner, al-
though an officer of the United States while so serv-
ing, shall receive no compensation for the individ-
ual’s services as such Commissioner or alternate 
Commissioner. 
(3) TRAVEL EXPENSES.— 
(A) IN GENERAL.—The Secretary of State 
shall pay the necessary travel expenses of a 
Commissioner or an alternate Commissioner in 
accordance with the Federal Travel Regulations 
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and sections 5701, 5702, 5704 through 5708, 
and 5731 of title 5, United States Code. 
(B) 
REIMBURSEMENT.—The 
Secretary 
may reimburse the Secretary of State for 
amounts expended by the Secretary of State 
under this paragraph. 
(d) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT OF PERMANENT ADVISORY 
COMMITTEE.— 
(A) MEMBERSHIP.—There is established 
an advisory committee which shall be composed 
of 7 members appointed by the Secretary as fol-
lows: 
(i) A member engaging in commercial 
fishing in the management area of the 
Council. 
(ii) Two members from the indigenous 
population of the Pacific, including a Na-
tive Hawaiian and a native-born inhabitant 
of any State in the Pacific. 
(iii) A member that is a marine fish-
eries scientist and a member of the Coun-
cil’s Scientific and Statistical Committee. 
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(iv) A member representing a non- 
governmental organization active in fishery 
issues in the Pacific. 
(v) A member nominated by the Gov-
ernor of the State of Hawaii. 
(vi) A member designated by the 
Council. 
(B) TERMS AND PRIVILEGES.—Each mem-
ber of the Advisory Committee shall serve for a 
term of 2 years and shall be eligible for re-
appointment for not more than 3 consecutive 
terms. The Commissioners shall notify the Ad-
visory Committee in advance of each meeting of 
the Commissioners. The Advisory Committee 
may attend each meeting and may examine and 
be heard on all proposed programs, investiga-
tions, reports, recommendations, and regula-
tions of the Commissioners. 
(C) PROCEDURES.— 
(i) IN GENERAL.—The Advisory Com-
mittee shall determine its organization and 
prescribe its practices and procedures for 
carrying out its functions under this title, 
the South Pacific Fisheries Convention, 
and the Magnuson-Stevens Fishery Con-
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servation and Management Act (16 U.S.C. 
1801 et seq.). 
(ii) PUBLIC AVAILABILITY OF PROCE-
DURES.—The Advisory Committee shall 
publish and make available to the public a 
statement of its organization, practices, 
and procedures. 
(iii) QUORUM.—A majority of the 
members of the Advisory Committee shall 
constitute a quorum to conduct business. 
(iv) PUBLIC MEETINGS.—Meetings of 
the Advisory Committee, except when in 
executive session, shall be open to the pub-
lic. Prior notice of each non-executive 
meeting shall be made public in a timely 
fashion. The Advisory Committee shall not 
be subject to the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(v) COST SAVINGS.—In order to re-
duce the cost of Advisory Committee meet-
ings, the Advisory Committee shall, to the 
extent practicable, utilize teleconferences 
and webinars for that purpose. 
(D) PROVISION
OF
INFORMATION.—The 
Secretary and the Secretary of State shall fur-
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nish the Advisory Committee with relevant in-
formation concerning fishery resources and 
international fishery agreements. 
(2) ADMINISTRATIVE MATTERS.— 
(A) SUPPORT
SERVICES.—The Secretary 
shall provide to the Advisory Committee in a 
timely manner such administrative and tech-
nical support services as are necessary to func-
tion effectively. 
(B) 
COMPENSATION; 
STATUS; 
EX-
PENSES.—An individual appointed to serve as a 
member of the Advisory Committee— 
(i) shall serve without pay; and 
(ii) shall not be considered a Federal 
employee, except for the purposes of injury 
compensation or tort claims liability as 
provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, 
United States Code. 
SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SEC-
RETARY OF STATE. 
The Secretary of State may— 
(1) receive and transmit, on behalf of the 
United States, reports, requests, recommendations, 
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proposals, decisions, and other communications of 
and to the Commission; 
(2) in consultation with the Secretary, act 
upon, or refer to other appropriate authority, any 
communication pursuant to paragraph (1); and 
(3) with the concurrence of the Secretary, and 
in accordance with the South Pacific Fishery Re-
sources Convention, object to decisions of the Com-
mission. 
SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULE-
MAKING AUTHORITY. 
(a) RESPONSIBILITIES.—The Secretary may— 
(1) administer this title and any regulations 
issued under this title, except to the extent otherwise 
provided for in this title; 
(2) issue permits to vessels subject to the juris-
diction of the United States, and to owners and op-
erators of such vessels, to fish in the Convention 
Area, under such terms and conditions as the Sec-
retary may prescribe; and 
(3) if recommended by the United States Com-
missioners, assess and collect fees, not to exceed 3 
percent of the ex-vessel value of fisheries resources 
harvested by vessels of the United States in fisheries 
conducted in the Convention Area, to recover the ac-
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tual costs to the United States to carry out the func-
tions of the Secretary under this title. 
(b) PROMULGATION OF REGULATIONS.— 
(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of State and the Secretary 
of the department in which the Coast Guard is oper-
ating, may promulgate such regulations as may be 
necessary and appropriate to carry out the inter-
national obligations of the United States under the 
South Pacific Fishery Resources Convention and 
this title, including decisions adopted by the Com-
mission. 
(2) APPLICABILITY.—Regulations promulgated 
under this subsection shall be applicable only to a 
person or fishing vessel that is or has engaged in 
fishing, and fishery resources covered by the Con-
vention on the Conservation and Management of 
High Seas Fishery Resources in the South Pacific 
Ocean under this title. 
(c) CONSISTENCY WITH OTHER LAWS.—The Sec-
retary shall ensure the consistency, to the extent prac-
ticable, of fishery management programs administered 
under this title, the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1801 et seq.), the 
Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), 
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the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
seq.), section 401 of Public Law 108–219 (16 U.S.C. 1821 
note) (relating to Pacific albacore tuna), the Western and 
Central Pacific Fisheries Convention Implementation Act 
(16 U.S.C. 6901 et seq.), the National Oceanic and At-
mospheric Administration Authorization Act of 1992 
(Public Law 102–567) and the amendments made by that 
Act, and Public Law 100–629 (102 Stat. 3286). 
(d) JUDICIAL REVIEW OF REGULATIONS.— 
(1) IN GENERAL.—Regulations promulgated by 
the Secretary under this title shall be subject to ju-
dicial review to the extent authorized by, and in ac-
cordance with, chapter 7 of title 5, United States 
Code, if a petition for such review is filed not later 
than 30 days after the date on which the regulations 
are promulgated or the action is published in the 
Federal Register, as applicable. 
(2) RESPONSES.—Notwithstanding any other 
provision of law, the Secretary shall file a response 
to any petition filed in accordance with paragraph 
(1) not later than 30 days after the date the Sec-
retary is served with that petition, except that the 
appropriate court may extend the period for filing 
such a response upon a showing by the Secretary of 
good cause for that extension. 
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