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(iii) the processing of fisheries re-
sources at sea; 
(iv) the transshipment 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. 
(8) 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-
sel, or any other vessel directly engaged in such fish-
ing activities. 
(9) 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. 
(10) NORTH
PACIFIC
FISHERIES
CONVEN-
TION.—The term ‘‘North Pacific Fisheries Conven-
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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. 
(11) 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. 
(12) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Commerce. 
(13) 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, American Samoa, Guam, and any 
other commonwealth, territory, or possession of the 
United States. 
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(14) STRADDLING
STOCK.—The term ‘‘strad-
dling stock’’ means a stock of fisheries resources 
that migrates between, or occurs in, the economic 
exclusion zone of one or more parties to the Conven-
tion and the Convention Area. 
(15) 
TRANSSHIPMENT.—The 
term 
‘‘trans-
shipment’’ means the unloading of any fisheries re-
sources taken in the Convention Area from one fish-
ing vessel to another fishing vessel either at sea or 
in port. 
(16) 1982 CONVENTION.—The term ‘‘1982 
Convention’’ means the United Nations Convention 
on the Law of the Sea of 10 December 1982. 
SEC. 102. UNITED STATES PARTICIPATION IN THE NORTH 
PACIFIC FISHERIES CONVENTION. 
(a) UNITED STATES COMMISSIONERS.— 
(1) NUMBER OF COMMISSIONERS.—The United 
States shall be represented on the Commission by 
five United States Commissioners. 
(2) 
SELECTION
OF
COMMISSIONERS.—The 
Commissioners shall be as follows: 
(A) APPOINTMENT BY THE PRESIDENT.— 
(i) IN GENERAL.—Two of the Com-
missioners shall be appointed by the Presi-
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dent and shall be an officer or employee 
of— 
(I) the Department of Commerce; 
(II) the Department of State; or 
(III) the 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 chairman of the North Pacific Fishery Man-
agement Council or a designee of such chair-
man. 
(C) PACIFIC FISHERY MANAGEMENT COUN-
CIL.—One Commissioner shall be the chairman 
of the Pacific Fishery Management Council or 
a designee of such chairperson. 
(D) WESTERN PACIFIC FISHERY MANAGE-
MENT
COUNCIL.—One Commissioner shall be 
the chairman of the Western Pacific Fishery 
Management Council or a designee of such 
chairperson. 
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(b) ALTERNATE COMMISSIONERS.—In the event of a 
vacancy in a position as a Commissioner appointed under 
subsection (a), the Secretary of State, in consultation with 
the Secretary, may designate from time to time and for 
periods of time considered appropriate an alternate Com-
missioner to the Commission. An alternate Commissioner 
may exercise all powers and duties of a Commissioner in 
the absence of a Commissioner appointed under subsection 
(a), and shall serve the remainder of the term of the ab-
sent 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-
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. 
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(3) TRAVEL EXPENSES.— 
(A) IN GENERAL.—The Secretary of State 
shall pay the necessary travel expenses of a 
Commissioner or an alternate Commissioner in 
accordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, 
and 5731 of title 5, United States Code. 
(B) 
REIMBURSEMENT.—The 
Secretary 
may reimburse the Secretary of State for 
amounts expended by the Secretary of State 
under this paragraph. 
(d) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT OF PERMANENT ADVISORY 
COMMITTEE.— 
(A) MEMBERSHIP.—There is established 
an advisory committee which shall be composed 
of 11 members appointed by the Secretary as 
follows: 
(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 
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(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 sub-
title, the North Pacific Fisheries Conven-
tion, and the Magnuson-Stevens Fishery 
Conservation 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. 
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(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-
nish the Advisory Committee with relevant in-
formation concerning fisheries 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-
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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 may 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. 
(ii) REIMBURSEMENT.—The Secretary 
may reimburse the Secretary of State for 
amounts expended by the Secretary of 
State under this subparagraph. 
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SEC. 103. 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, act 
upon, or refer to another appropriate authority, any 
communication received pursuant to paragraph (1); 
(3) with the concurrence of the Secretary, and 
in accordance with the Convention, object to the de-
cisions of the Commission; and 
(4) request and utilize on a reimbursed or non- 
reimbursed basis the assistance, services, personnel, 
equipment, and facilities of other Federal depart-
ments and agencies, foreign governments or agen-
cies, or international intergovernmental organiza-
tions, in the conduct of scientific research and other 
programs under this subtitle. 
SEC. 104. 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, may 
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promulgate such regulations as may be necessary to 
carry out the United States international obligations 
under the North Pacific Fisheries Convention and 
this subtitle, including recommendations and deci-
sions adopted by the Commission. 
(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 within the exclusive economic zone shall be ap-
proved 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 
activities, or fisheries resources covered by the North Pa-
cific Fisheries Convention under this subtitle. 
(c) ADDITIONAL AUTHORITY.—The Secretary may 
conduct, and may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, personnel, 
equipment, and facilities of other Federal departments 
and agencies in— 
(1) scientific, research, and other programs 
under this subtitle; 
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(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) 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; and 
(5) if recommended by the United States Com-
missioners, the assessment and collection of 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 re-
cover the actual costs to the United States to carry 
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out the functions of the Secretary under this sub-
title. 
(d) CONSISTENCY WITH OTHER LAWS.—The Sec-
retary shall ensure the consistency, to the extent prac-
ticable, of fishery management programs administered 
under this subtitle, the Magnuson-Stevens Fishery Con-
servation 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 West-
ern and Central Pacific Fisheries Convention Implementa-
tion Act (16 U.S.C. 6901 et seq.), the National Oceanic 
and Atmospheric Administration Authorization Act of 
1992 (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 subtitle shall be subject to 
judicial review to the extent authorized by, and in 
accordance with, chapter 7 of title 5, United States 
Code, if a petition for such review is filed not later 
than 30 days after the date on which the regulations 
are promulgated. 
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(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, 
the appropriate court shall assign the matter for 
hearing at the earliest possible date. 
SEC. 105. 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 subtitle 
and any regulations issued under this subtitle; and 
(2) may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, per-
sonnel, equipment, and facilities of other Federal de-
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partments and agencies in the administration and 
enforcement of this subtitle. 
(b) SECRETARIAL ACTIONS.—The Secretary and the 
Secretary of the department in which the Coast Guard is 
operating shall prevent any person from violating this sub-
title with respect 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 jurisdic-
tion, powers, and duties as though sections 308 through 
311 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) 
were incorporated into and made a part of this subtitle. 
Any person that violates this subtitle is subject to the pen-
alties and entitled to the privileges and immunities pro-
vided 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 subtitle. 
(c) JURISDICTION OF THE COURTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the district courts of the United States 
shall have jurisdiction over any case or controversy 
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arising under this subtitle, 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. 
(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 is deemed to have 
been committed not only in the district where the 
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(7) FISHING.—The term ‘‘fishing’’— 
(A) except as provided in subparagraph 
(B), means— 
(i) the actual or attempted searching 
for, catching, taking, or harvesting of fish-
ery resources; 
(ii) engaging in any activity that can 
reasonably be expected to result in the lo-
cating, catching, taking or harvesting of 
fishery resources for any purpose; 
(iii) transshipment and any operation 
at sea, in support of, or in preparation for, 
any activity described in this subpara-
graph; and 
(iv) the use of any vessel, vehicle, air-
craft, or hovercraft in relation to any activ-
ity described in this subparagraph; and 
(B) does not include any operation related 
to emergencies involving the health and safety 
of crew members or the safety of a fishing ves-
sel. 
(8) FISHING VESSEL.—The term ‘‘fishing ves-
sel’’ means any vessel used or intended to be used 
for fishing, including any fish processing vessel sup-
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