I 
114TH CONGRESS 
1ST SESSION H. R. 3269 
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 HOUSE OF REPRESENTATIVES 
JULY 28, 2015 
Mr. YOUNG of Alaska introduced the following bill; which was referred to the 
Committee on Natural Resources 
A BILL 
To implement the Convention on the Conservation and Man-
agement of the High Seas Fisheries Resources in the 
North Pacific Ocean, as adopted at Tokyo on February 
24, 2012, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘North Pacific Fisheries 
Convention Implementation Act’’. 
SEC. 2. DEFINITIONS. 
In this Act: 
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(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the advisory committee es-
tablished under section 3. 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the North Pacific Fisheries Commission es-
tablished pursuant to the North Pacific Fisheries 
Convention. 
(3) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means a United States Commissioner ap-
pointed under section 3. 
(4) CONVENTION
AREA.—The term ‘‘Conven-
tion Area’’— 
(A) means the waters of the high seas 
areas of the North Pacific Ocean; and 
(B) excludes— 
(i) the high seas areas of the Bering 
Sea and other high seas areas that are 
surrounded by the exclusive economic zone 
of a single nation, which are bounded to 
the south by a continuous line beginning at 
the seaward limit of waters under the ju-
risdiction of the United States around the 
Commonwealth of the Northern Mariana 
Islands at 20 degrees North latitude, then 
proceeding East and connecting the coordi-
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nates: 
20°00′00″, 
180°00′00″E/W; 
10°00′00″N 180°00′00″E/W; 10°00′00″N, 
140°00′00″W; 20°00′00″N, 140°00′00″W; 
and thence East to the seaward limit of 
waters under the fisheries jurisdiction of 
Mexico; and 
(ii) the exclusive economic zone of the 
United States or of any other country. 
(5) COUNCIL.—The term ‘‘Council’’ means the 
North Pacific Fishery Management Council, the Pa-
cific Fishery Management Council, or the Western 
Pacific Fishery Management Council established 
under section 302 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 
1852). 
(6) 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. 
(7) FISHERIES RESOURCES.— 
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(A) IN GENERAL.—The term ‘‘fisheries re-
sources’’ means all fish, mollusks, crustaceans, 
and other marine species caught by a fishing 
vessel within the Convention Area. 
(B) EXCLUSIONS.—The term ‘‘fisheries re-
sources’’ does not include— 
(i) sedentary species insofar as they 
are subject to the sovereign rights of coast-
al nations consistent with Article 77, para-
graph 4 of the 1982 Convention and indi-
cator species of vulnerable marine eco-
systems as listed in, or adopted pursuant 
to, Article 13, paragraph 5 of the North 
Pacific Fisheries Convention; 
(ii) catadromous species; 
(iii) marine mammals, marine reptiles, 
or seabirds; or 
(iv) other marine species already cov-
ered by pre-existing international fisheries 
management instruments within the area 
of competence of such instruments. 
(8) FISHING ACTIVITIES.— 
(A) IN GENERAL.—The term ‘‘fishing ac-
tivities’’ means— 
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(i) the actual or attempted searching 
for, catching, taking, or harvesting of fish-
eries resources; 
(ii) engaging in any activity that can 
reasonably be expected to result in the lo-
cating, catching, taking, or harvesting of 
fisheries resources for any purpose; 
(iii) the processing of fisheries re-
sources at sea; 
(iv) the transhipment of fisheries re-
sources at sea or in port; or 
(v) any operation at sea in direct sup-
port of, or in preparation for, any activity 
described in clauses (i) through (iv), in-
cluding transshipment. 
(B) EXCLUSIONS.—The term ‘‘fishing ac-
tivities’’ does not include any operation related 
to an emergency involving the health or safety 
of a crew member or the safety of a fishing ves-
sel. 
(9) FISHING VESSEL.—The term ‘‘fishing ves-
sel’’ means any vessel used or intended for use for 
the purpose of engaging in fishing activities, includ-
ing a processing vessel, a support ship, a carrier ves-
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sel, or any other vessel directly engaged in such fish-
ing activities. 
(10) HIGH SEAS.—The term ‘‘high seas’’ does 
not include an area that is within the exclusive eco-
nomic zone of the United States or of any other 
country. 
(11) NORTH
PACIFIC
FISHERIES
CONVEN-
TION.—The term ‘‘North Pacific Fisheries Conven-
tion’’ means the Convention on the Conservation and 
Management of the High Seas Fisheries Resources 
in the North Pacific Ocean (including any annexes, 
amendments, or protocols that are in force, or have 
come into force) for the United States, which was 
adopted at Tokyo on February 24, 2012. 
(12) PERSON.—The term ‘‘person’’ means— 
(A) any individual, whether or not a citizen 
or national of the United States; 
(B) any corporation, partnership, associa-
tion, or other entity, whether or not organized 
or existing under the laws of any State; or 
(C) any Federal, State, local, tribal, or for-
eign government or any entity of such govern-
ment. 
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(13) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Commerce. 
(14) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of the Northern 
Mariana Islands, and any other commonwealth, ter-
ritory, or possession of the United States. 
(15) STRADDLING
STOCK.—The term ‘‘strad-
dling stock’’ means a stock of fisheries resources 
which migrates between, or occurs in, the economic 
exclusion zone of 1 or more parties to the Conven-
tion and the Convention Area. 
(16) 
TRANSSHIPMENT.—The 
term 
‘‘trans-
shipment’’ means the unloading of any fisheries re-
sources taken in the Convention Area from 1 fishing 
vessel to another fishing vessel either at sea or in 
port. 
(17) 1982 CONVENTION.—The term ‘‘1982 
Convention’’ means the United Nations Convention 
on the Law of the Sea of 10 December 1982. 
SEC. 3. UNITED STATES PARTICIPATION IN THE NORTH PA-
CIFIC FISHERIES CONVENTION. 
(a) UNITED STATES COMMISSIONERS.— 
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(1) NUMBER OF COMMISSIONERS.—The United 
States shall be represented on the Commission by 5 
United States Commissioners. 
(2) 
SELECTION
OF
COMMISSIONERS.—The 
United States Commissioners shall be as follows: 
(A) APPOINTMENT BY THE PRESIDENT.— 
(i) IN GENERAL.—Two of the Com-
missioners shall be appointed by the Presi-
dent and shall be an officer or employee 
of— 
(I) the Department of Commerce; 
(II) the Department of State; or 
(III) the United States Coast 
Guard. 
(ii) SELECTION CRITERIA.—In making 
each appointment under clause (i), the 
President shall select a Commissioner from 
among individuals who are knowledgeable 
or experienced concerning fisheries re-
sources in the North Pacific Ocean. 
(B) NORTH
PACIFIC
FISHERY
MANAGE-
MENT
COUNCIL.—One Commissioner shall be 
the chairperson of the North Pacific Fishery 
Management Council or a designee of such 
chairperson. 
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(C) PACIFIC FISHERY MANAGEMENT COUN-
CIL.—One Commissioner shall be the chair-
person of the Pacific Fishery Management 
Council or a designee of such chairperson. 
(D) WESTERN PACIFIC FISHERY MANAGE-
MENT
COUNCIL.—One Commissioner shall be 
the chairperson of the Western Pacific Fishery 
Management Council or a designee of such 
chairperson. 
(b) ALTERNATE COMMISSIONERS.—In the event of a 
vacancy in a Commissioner appointed under subsection 
(a), the Secretary of State, in consultation with the Sec-
retary, may designate from time to time and for periods 
of time considered appropriate an alternate Commissioner 
to the Commission. An alternate Commissioner may exer-
cise all powers and duties of a Commissioner in the ab-
sence of a Commissioner appointed under subsection (a), 
and shall serve the remainder of the term of the absent 
Commissioner for which designated. 
(c) ADMINISTRATIVE MATTERS.— 
(1) EMPLOYMENT STATUS.—An individual serv-
ing as a Commissioner, or an alternative 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-
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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 
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 
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of 11 members appointed by the Secretary, in-
cluding— 
(i) a member engaging in commercial 
fishing activities in the management area 
of the North Pacific Fishery Management 
Council; 
(ii) a member engaging in commercial 
fishing activities in the management area 
of the Pacific Fishery Management Coun-
cil; 
(iii) a member engaging in commercial 
fishing activities in the management area 
of the Western Pacific Fishery Manage-
ment Council; 
(iv) 3 members from the indigenous 
population of the North Pacific including 
an Alaska Native, Native Hawaiian, or a 
native-born inhabitant of any State of the 
United States in the Pacific, and an indi-
vidual from a Pacific Coast tribe; 
(v) a member that is a marine fish-
eries scientist that is a resident of a State 
the adjacent exclusive economic zone for 
which is bounded by the Convention Area; 
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(vi) a member nominated by the Gov-
ernor of the State of Alaska; 
(vii) a member nominated by the Gov-
ernor of the State of Hawaii; and 
(viii) a member nominated by the 
Governor of the State of Washington. 
(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 
shall attend each meeting and shall examine 
and be heard on all proposed programs, inves-
tigations, reports, recommendations, and regu-
lations 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 Act, 
the North 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.). 
(D) PROVISION
OF
INFORMATION.—The 
Secretary and the Secretary of State shall fur-
nish the Advisory Committee with relevant in-
formation concerning fisheries resources and 
international fishery agreements. 
(2) ADMINISTRATIVE MATTERS.— 
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(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.—An indi-
vidual 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. 
(C) TRAVEL EXPENSES.— 
(i) IN
GENERAL.—The Secretary of 
State shall pay the necessary travel ex-
penses of members of the Advisory Com-
mittee in carrying out the duties of the Ad-
visory Committee in accordance with the 
Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 
of title 5, United States Code. 
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(ii) REIMBURSEMENT.—The Secretary 
may reimburse the Secretary of State for 
amounts expended by the Secretary of 
State under this subparagraph. 
(e) UNITED STATES PARTICIPATION.—In instances 
in which the United States is participating in any meeting 
of the parties to the North Pacific Fisheries Convention, 
the United States shall be represented by the Commis-
sioners and the Advisory Committee. 
SEC. 4. 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, 
proposals, decisions, and other communications of 
and to the Commission; 
(2) in consultation with the Secretary, approve, 
disapprove, object to, or withdraw objections to by-
laws and rules, or amendments thereof, adopted by 
the Commission; 
(3) with the concurrence of the Secretary, ap-
prove or disapprove the general annual program of 
the Commission with respect to conservation and 
management measures and other measures proposed 
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or adopted in accordance with the North Pacific 
Fisheries Convention; and 
(4) act upon, or refer to other appropriate au-
thority, any communication under paragraph (1). 
SEC. 5. AUTHORITY OF THE SECRETARY OF COMMERCE. 
(a) PROMULGATION OF REGULATIONS.— 
(1) AUTHORITY.—The Secretary, in consulta-
tion with the Secretary of State and, with respect to 
enforcement measures, the Secretary of the depart-
ment in which the Coast Guard is operating, is au-
thorized to promulgate such regulations as may be 
necessary to carry out the United States inter-
national obligations under the North Pacific Fish-
eries Convention and this Act, including rec-
ommendations and decisions adopted by the Com-
mission. 
(2) REGULATIONS OF STRADDLING STOCKS.— 
In the implementation of a measure adopted by the 
Commission that would govern a straddling stock 
under the authority of a Council, any regulation pro-
mulgated by the Secretary to implement such meas-
ure shall be approved by such Council. 
(b) RULE OF CONSTRUCTION.—Regulations promul-
gated under subsection (a) shall be applicable only to a 
person or a fishing vessel that is or has engaged in fishing 
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activities, or fisheries resources covered by the North Pa-
cific Fisheries Convention under this Act. 
(c) ADDITIONAL AUTHORITY.—The Secretary may 
conduct, and may request and utilize on a reimbursed or 
non-reimbursed basis the assistance, services, personnel, 
equipment, and facilities of other Federal departments 
and agencies in— 
(1) scientific, research, and other programs 
under this Act; 
(2) fishing operations and biological experi-
ments for purposes of scientific investigation or 
other purposes necessary to implement the North 
Pacific Fisheries Convention; 
(3) the collection, utilization, and disclosure of 
such information as may be necessary to implement 
the North Pacific Fisheries Convention, subject to 
sections 552 and 552a of title 5, United States 
Code, and section 402(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1881a(b)); 
(4) if recommended by the Commissioners, the 
assessment and collection of fees, not to exceed 3 
percent of the ex-vessel value of fisheries resource 
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 of management and 
enforcement under this Act, which shall be deposited 
as an offsetting collection in, and credited to, the ac-
count providing appropriations to carry out the func-
tions of the Secretary under this Act; and 
(5) the issuance of permits to owners and oper-
ators of United States vessels to engage in fishing 
activities in the Convention Area seaward of the ex-
clusive economic zone of the United States, under 
such terms and conditions as the Secretary may pre-
scribe, including the period of time that a permit is 
valid. 
(d) CONSISTENCY WITH OTHER LAWS.—The Sec-
retary shall ensure the consistency, to the extent prac-
ticable, of fishery management programs administered 
under this Act, 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.), 
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 
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(Public Law 102–567) and the amendments made by that 
Act, and Public Law 100–629 (102 Stat. 3286). 
(e) JUDICIAL REVIEW OF REGULATIONS.— 
(1) IN GENERAL.—Regulations promulgated by 
the Secretary under this Act shall be subject to judi-
cial 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. 
(3) COPIES OF ADMINISTRATIVE RECORD.—A 
response of the Secretary under paragraph (2) shall 
include a copy of the administrative record for the 
regulations that are the subject of the petition. 
(4) EXPEDITED HEARINGS.—Upon a motion by 
the person who files a petition under this subsection, 
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the appropriate court shall assign the matter for 
hearing at the earliest possible date. 
SEC. 6. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary and the Secretary 
of the department in which the Coast Guard is oper-
ating— 
(1) shall administer and enforce this Act and 
any regulations issued under this Act, except to the 
extent otherwise provided for in the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.); and 
(2) may request and utilize on a reimbursed or 
non-reimbursed basis the assistance, services, per-
sonnel, equipment, and facilities of other Federal de-
partments and agencies in the administration and 
enforcement of this Act. 
(b) SECRETARIAL ACTIONS.—Except as provided 
under subsection (c), the Secretary and the Secretary of 
the department in which the Coast Guard is operating 
shall prevent any person from violating this Act with re-
spect to fishing activities or the conservation of fisheries 
resources in the Convention Area in the same manner, by 
the same means, and with the same jurisdiction, powers, 
and duties as though sections 308 through 311 of the 
Magnuson-Stevens Fishery Conservation and Manage-
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ment Act (16 U.S.C. 1858, 1859, 1860, and 1861) were 
incorporated into and made a part of this Act. Any person 
that violates any provision of this Act is subject to the 
penalties and entitled to the privileges and immunities 
provided in the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.) in the same 
manner, by the same means, and with the same jurisdic-
tion, power, and duties as though sections 308 through 
311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) 
were incorporated into and made a part of this Act. 
(c) JURISDICTION OF THE COURTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the district courts of the United States 
shall have exclusive jurisdiction over any case or 
controversy arising under the provisions of this Act, 
and any such court may at any time— 
(A) enter restraining orders or prohibi-
tions; 
(B) issue warrants, process in rem, or 
other process; 
(C) prescribe and accept satisfactory bonds 
or other security; and 
(D) take such other actions as are in the 
interest of justice. 
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(2) HAWAII AND PACIFIC INSULAR AREAS.—In 
the case of Hawaii or any possession of the United 
States in the Pacific Ocean, the appropriate court is 
the United States District Court for the District of 
Hawaii, except that— 
(A) in the case of Guam and Wake Island, 
the appropriate court is the United States Dis-
trict Court for the District of Guam; and 
(B) in the case of the Northern Mariana 
Islands, the appropriate court is the United 
States District Court for the District of the 
Northern Mariana Islands. 
(3) CONSTRUCTION.—Each violation shall be a 
separate offense and the offense shall be deemed to 
have been committed not only in the district where 
the violation first occurred, but also in any other 
district authorized by law. Any offense not com-
mitted in any district is subject to the venue provi-
sions of section 3238 of title 18, United States 
Code. 
(d) CONFIDENTIALITY.— 
(1) IN GENERAL.—Any information submitted 
to the Secretary in compliance with any requirement 
under this Act shall be confidential and may not be 
disclosed, except— 
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emcdonald on DSK67QTVN1PROD with BILLS
(A) to a Federal employee who is respon-
sible for administering, implementing, or en-
forcing this Act; 
(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-
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 Act. 
(2) USE OF INFORMATION.— 
(A) IN
GENERAL.—Except as provided 
under subparagraph (B), the Secretary shall 
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H3269
emcdonald on DSK67QTVN1PROD with BILLS