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server on a vessel under this title, or any data col-
lector employed by or under contract to any person 
to carry out responsibilities under this title; 
(10) to engage in fishing activities in violation 
of any regulation adopted pursuant to this title; 
(11) to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports required 
by regulations adopted pursuant to this title 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 title, 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 title; 
(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 title. 
(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 title, or in the 
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laws of any State, prevents the Secretary or the Commis-
sion 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 title shall be construed to diminish or to increase 
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. 
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. 
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(4) COUNCIL.—The term ‘‘Council’’ means the 
Western Pacific Regional Fishery Management 
Council. 
(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; 
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(C) anadromous and catadromous species; 
and 
(D) marine mammals, marine reptiles and 
sea birds. 
(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. 
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(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-
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. 
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(12) 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. 
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 
three Commissioners. In making each appointment, 
the President shall select a Commissioner from 
among individuals who are knowledgeable or experi-
enced concerning fishery resources in the South Pa-
cific Ocean. 
(2) REPRESENTATION.—At least one of the 
Commissioners 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. 
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(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-
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 
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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. 
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, 
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— 
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(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-
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. 
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(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.), 
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-
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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, 
the appropriate court shall assign the matter for 
hearing at the earliest possible date. 
SEC. 205. ENFORCEMENT. 
(a) RESPONSIBILITY.—This title, and any regulations 
or permits issued under this title, shall be enforced by the 
Secretary and the Secretary of the department in which 
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the Coast Guard is operating. Such Secretaries shall, and 
the head of any Federal or State agency that has entered 
into an agreement with either such Secretary under this 
section may (if the agreement so provides), authorize offi-
cers to enforce this title or any regulation promulgated 
under this title. Any officer so authorized may enforce this 
title in the same manner, by the same means, and with 
the same jurisdiction, powers, and duties as though sec-
tion 311 of the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1861) were incorporated 
into and made a part of this title. 
(b) ADMINISTRATION
AND
ENFORCEMENT.—The 
Secretary shall prevent any person from violating this title 
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 Con-
servation and Management Act (16 U.S.C. 1858 through 
1861) were incorporated into and made a part of this title. 
Any person that violates this title shall be 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 and by the same means as though sections 308 
through 311 of that Act (16 U.S.C. 1858 through 1861) 
were incorporated into and made a part of this title. 
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(c) DISTRICT COURT JURISDICTION.—The district 
courts of the United States shall have jurisdiction over any 
actions arising under this section. Notwithstanding sub-
section (b), for the purpose of this section, for 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 in the case of Guam 
and Wake Island, the appropriate court is the United 
States District Court for the District of Guam, and except 
that in the case of the Northern Mariana Islands, the ap-
propriate court is the United States District Court for the 
District of the Northern Mariana Islands. Each violation 
shall be a separate offense and the offense is deemed to 
have been committed not only in the district where the 
violation first occurred, but also in any other district as 
authorized by law. Any offenses not committed in any dis-
trict are subject to the venue provisions of section 3238 
of title 18, United States Code. 
SEC. 206. PROHIBITED ACTS. 
It is unlawful for any person— 
(1) to violate any provision of this title or of 
any regulation promulgated or permit issued under 
this title; 
(2) to use any fishing vessel to engage in fish-
ing without a valid permit or after the revocation, or 
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during the period of suspension, of an applicable 
permit pursuant to this title; 
(3) to refuse to permit any officer authorized to 
enforce this title to board a fishing vessel subject to 
such person’s control for the purposes of conducting 
any investigation or inspection in connection with 
the enforcement of this title; 
(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 title 
or any regulation promulgated or permit issued 
under this title; 
(5) to resist a lawful arrest for any act prohib-
ited by this title or any regulation promulgated or 
permit issued under this title; 
(6) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or 
possession of, any fishery resources taken or re-
tained in violation of this title 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 title; 
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(8) to submit to the Secretary false informa-
tion, regarding any matter that the Secretary is con-
sidering in the course of carrying out this title; 
(9) to assault, resist, oppose, impede, intimi-
date, sexually harass, bribe, or interfere with any ob-
server on a vessel pursuant to the requirements of 
this title, or any data collector employed by the Na-
tional Oceanic and Atmospheric Administration or 
under contract to any person to carry out respon-
sibilities under this title; 
(10) to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports as are 
required by regulations adopted pursuant to this 
title to be made, kept, or furnished; 
(11) to fail to stop a vessel upon being hailed 
and instructed to stop by a duly authorized official 
of the United States; 
(12) to import, in violation of any regulation 
promulgated under this title, any fishery resources 
in any form of those species subject to regulation 
pursuant to a decision of the Commission; 
(13) to make or submit any false record, ac-
count, or label for, or any false identification of, any 
fishery 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 
(14) 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. 207. COOPERATION IN CARRYING OUT THE CONVEN-
TION. 
(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTI-
TUTIONS AND ORGANIZATIONS.—The Secretary may co-
operate with agencies of the United States Government, 
any public or private institutions or organizations within 
the United States or abroad, and, through the Secretary 
of State, the duly authorized officials of the government 
of any party to the South Pacific Fishery Resources Con-
vention, in carrying out responsibilities under this title. 
(b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES 
AND PERSONNEL.—All Federal agencies may, upon the 
request of the Secretary, cooperate in the conduct of sci-
entific and other programs and to furnish facilities and 
personnel for the purpose of assisting the Commission in 
carrying out its duties under the South Pacific Fishery 
Resources Convention. 
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(c) SANCTIONED FISHING OPERATIONS AND BIO-
LOGICAL EXPERIMENTS.—Nothing in this title, or in the 
laws or regulations of any State, prevents the Secretary 
or the Commission 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 South Pacific Fishery Resources Convention. 
(d) STATE JURISDICTION NOT AFFECTED.—Nothing 
in this title shall be construed to diminish or to increase 
the jurisdiction of any State in the territorial sea of the 
United States. 
SEC. 208. TERRITORIAL PARTICIPATION. 
The Secretary of State shall ensure participation in 
the Commission and its subsidiary bodies by American 
Samoa, Guam, and the Commonwealth of the Northern 
Mariana Islands to the extent allowed under United States 
law. 
SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 
Masters of commercial fishing vessels of countries 
fishing under the management authority of the South Pa-
cific Fisheries Convention that do not carry vessel moni-
toring systems capable of communicating with United 
States enforcement authorities shall, before or as soon as 
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reasonably possible after, entering and transiting the ex-
clusive economic zone bounded by the Convention Area, 
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. 
TITLE III—WESTERN AND CEN-
TRAL 
PACIFIC 
FISHERIES 
COMMISSION 
SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL 
MEETINGS OF WESTERN AND CENTRAL PA-
CIFIC FISHERIES COMMISSION. 
(a) IN GENERAL.—The Western and Central Pacific 
Fisheries Convention Implementation Act is amended— 
(1) in section 503 (16 U.S.C. 6902)— 
(A) in subsection (a), by inserting ‘‘and 
commercial fishing’’ after ‘‘fish stocks’’; and 
(B) in subsection (d)(1), by adding at the 
end the following: 
‘‘(E) AGENDA
RECOMMENDATIONS.—No 
later than 30 days before each annual meeting 
of the Commission, the Advisory Committee 
shall transmit to the United States Commis-
sioners recommendations relating to the agenda 
of the annual meeting. The recommendations 
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must be agreed to by a majority of the Advisory 
Committee members. The United States Com-
missioners shall consider such recommenda-
tions, along with additional views transmitted 
by Advisory Committee members, in the formu-
lation of the United States position for the 
Commission meeting and during the negotia-
tions at that meeting.’’; and 
(2) by redesignating section 511 (16 U.S.C. 
6910) as section 512, and inserting after section 
510 the following: 
‘‘SEC. 511. UNITED STATES CONSERVATION, MANAGEMENT, 
AND ENFORCEMENT OBJECTIVES. 
‘‘The Secretary, in consultation with the Secretary of 
State, in the course of negotiations, shall seek to— 
‘‘(1) minimize any disadvantage to United 
States fishermen in relation to other members of the 
Commission; 
‘‘(2) maximize the opportunities for fishing ves-
sels of the United States to harvest fish stocks on 
the high seas in the Convention area, recognizing 
that such harvests may be restricted if the Commis-
sion, based on the best available scientific informa-
tion provided by the Scientific Committee, deter-
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mines it is necessary to achieve the conservation ob-
jective set forth in Article 2 of the Convention; 
‘‘(3) prevent any requirement for the transfer 
to other nations or foreign entities of the fishing ca-
pacity, fishing capacity rights, or fishing vessels of 
the United States or its territories, unless any such 
requirement is voluntary and market-based; and 
‘‘(4) ensure that conservation and management 
measures take into consideration traditional fishing 
patterns of fishing vessels of the United States and 
the operating requirements of the fisheries covered 
by the Western and Central Pacific Convention.’’. 
(b) CONFORMING AMENDMENT.—Section 1(b) of the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Reauthorization Act of 2006 is amended in the table 
of contents by striking the item relating to section 511 
(121 Stat. 3576) and inserting the following: 
‘‘Sec. 511. United States conservation, management, and enforcement objec-
tives. 
‘‘Sec. 512. Authorization of appropriations.’’. 
TITLE 
IV—ILLEGAL, 
UNREGU-
LATED, 
AND 
UNREPORTED 
FISHING 
SEC. 401. AMENDMENTS TO THE HIGH SEAS DRIFTNET 
FISHING MORATORIUM PROTECTION ACT. 
(a) APPLICATION OF ACT.—Section 606(b) of the 
High Seas Driftnet Fishing Moratorium Protection Act 
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(16 U.S.C. 1826g(b)) is amended by striking ‘‘and’’ at 
the end of paragraph (7), striking the period at the end 
of paragraph (8) and inserting ‘‘; and’’, and by adding 
at the end the following: 
‘‘(9) the Ensuring Access to Pacific Fisheries 
Act.’’. 
(b) BIENNIAL REPORTS.—Section 607 of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826h) is amended by inserting ‘‘on June 1 of that 
year’’ after ‘‘every 2 years thereafter,’’. 
(c) IDENTIFICATION OF VESSELS.—Section 609(a) of 
the High Seas Driftnet Fishing Moratorium Protection 
Act (16 U.S.C. 1826j(a)) is amended by striking ‘‘fishing 
vessels of that nation are engaged, or have’’ and inserting 
‘‘any fishing vessel of that nation is engaged, or has’’. 
(d) 
IDENTIFICATION
OF
NATIONS.—Section 
610(a)(2)(A) of the High Seas Driftnet Fishing Morato-
rium Protection Act (16 U.S.C. 1826k) is amended by 
striking ‘‘calendar year’’ and inserting ‘‘3 years’’. 
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TITLE 
V—NORTHWEST 
ATLAN-
TIC FISHERIES CONVENTION 
AMENDMENTS ACT 
SEC. 501. SHORT TITLE; REFERENCES TO THE NORTHWEST 
ATLANTIC FISHERIES CONVENTION ACT OF 
1995. 
(a) SHORT TITLE.—This title may be cited as the 
‘‘Northwest Atlantic Fisheries Convention Amendments 
Act’’. 
(b) REFERENCES TO THE NORTHWEST ATLANTIC 
FISHERIES CONVENTION ACT OF 1995.—Except as other-
wise expressly provided, whenever in this title an amend-
ment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference 
shall be considered to be made to a section or other provi-
sion of the Northwest Atlantic Fisheries Convention Act 
of 1995 (16 U.S.C. 5601 et seq.). 
SEC. 502. REPRESENTATION OF THE UNITED STATES 
UNDER CONVENTION. 
Section 202 (16 U.S.C. 5601) is amended— 
(1) in subsection (a)(1), by striking ‘‘General 
Council and the Fisheries’’; 
(2) in subsection (b)(1), by striking ‘‘at a meet-
ing of the General Council or the Fisheries Commis-
sion’’; 
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(3) in subsection (b)(2), by striking ‘‘VIII(2)’’ 
and inserting ‘‘VII(11)’’. 
SEC. 504. AUTHORITIES OF SECRETARY OF STATE WITH RE-
SPECT TO CONVENTION. 
Section 204 (16 U.S.C. 5603) is amended by striking 
‘‘Fisheries Commission’’ each place it appears and insert-
ing ‘‘Commission consistent with the procedures detailed 
in Articles XIV and XV of the Convention’’. 
SEC. 505. INTERAGENCY COOPERATION. 
Section 205(a) (16 U.S.C. 5604(a)) is amended to 
read as follows: 
‘‘(a) AUTHORITIES
OF
THE SECRETARY.—In car-
rying out the provisions of the Convention and this title, 
the Secretary may arrange for cooperation with— 
‘‘(1) any department, agency, or instrumen-
tality of the United States; 
‘‘(2) a State; 
‘‘(3) a Council; or 
‘‘(4) a private institution or an organization.’’. 
SEC. 506. PROHIBITED ACTS AND PENALTIES. 
Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended 
by striking ‘‘fish’’ and inserting ‘‘fishery resources’’. 
SEC. 507. CONSULTATIVE COMMITTEE. 
Section 208 (16 U.S.C. 5607) is amended— 
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(1) in subsection (b)(2), by striking ‘‘two’’ and 
inserting ‘‘2’’; and 
(2) in subsection (c), by striking ‘‘General 
Council or the Fisheries’’ each place it appears. 
SEC. 508. DEFINITIONS. 
Section 210 (16 U.S.C. 5609) is amended to read as 
follows: 
‘‘SEC. 210. 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) AUTHORIZED ENFORCEMENT OFFICER.— 
The term ‘authorized enforcement officer’ means a 
person authorized to enforce this title, any regula-
tion issued under this title, or any measure that is 
legally binding on the United States under the Con-
vention. 
‘‘(3) COMMISSION.—The term ‘Commission’ 
means the body provided for by Articles V, VI, XIII, 
XIV, and XV of the Convention. 
‘‘(4) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means a United States Commissioner to the 
Northwest Atlantic Fisheries Organization appointed 
under section 202. 
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‘‘(5) CONVENTION.—The term ‘Convention’ 
means the Convention on Future Multilateral Co-
operation in the Northwest Atlantic Fisheries, done 
at Ottawa on October 24, 1978, and as amended on 
September 28, 2007. 
‘‘(6) CONVENTION AREA.—The term ‘Conven-
tion Area’ means the waters of the Northwest Atlan-
tic Ocean north of 35°00′ N and west of a line ex-
tending due north from 35°00′ N and 42°00′ W to 
59°00′ N, thence due west to 44°00′ W, and thence 
due north to the coast of Greenland, and the waters 
of the Gulf of St. Lawrence, Davis Strait and Baffin 
Bay south of 78°10′ N. 
‘‘(7) COUNCIL.—The term ‘Council’ means the 
New England Fishery Management Council or the 
Mid-Atlantic Fishery Management Council. 
‘‘(8) FISHERY RESOURCES.— 
‘‘(A) IN GENERAL.—The term ‘fishery re-
sources’ means all fish, mollusks, and crusta-
ceans, including any products thereof, within 
the Convention Area. 
‘‘(B) EXCLUSIONS.—The term ‘fishery re-
sources’ does not include— 
‘‘(i) sedentary species over which 
coastal States may exercise sovereign 
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rights consistent with Article 77 of the 
1982 Convention; or 
‘‘(ii) in so far as they are managed 
under other international treaties, anad-
romous and catadromous stocks and highly 
migratory species listed in Annex I of the 
1982 Convention. 
‘‘(9) FISHING ACTIVITIES.— 
‘‘(A) IN GENERAL.—The term ‘fishing ac-
tivities’ means harvesting or processing fishery 
resources, or transhipping of fishery resources 
or products derived from fishery resources, or 
any other activity in preparation for, in support 
of, or related to the harvesting of fishery re-
sources. 
‘‘(B) INCLUSIONS.—The term ‘fishing ac-
tivities’ includes— 
‘‘(i) the actual or attempted searching 
for or catching or taking of fishery re-
sources; 
‘‘(ii) any activity that can reasonably 
be expected to result in locating, catching, 
taking, or harvesting of fishery resources 
for any purpose; and 
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‘‘(iii) any operation at sea in support 
of, or in preparation for, any activity de-
scribed in this paragraph. 
‘‘(C) EXCLUSIONS.—The term ‘fishing ac-
tivities’ does not include any operation related 
to emergencies involving the health and safety 
of crew members or the safety of a vessel. 
‘‘(10) FISHING VESSEL.— 
‘‘(A) IN GENERAL.—The term ‘fishing ves-
sel’ means a vessel that is or has been engaged 
in fishing activities. 
‘‘(B) INCLUSIONS.—The term ‘fishing ves-
sel’ includes a fish processing vessel or a vessel 
engaged in transshipment or any other activity 
in preparation for or related to fishing activi-
ties, or in experimental or exploratory fishing 
activities. 
‘‘(11) ORGANIZATION.—The term ‘Organiza-
tion’ means the Northwest Atlantic Fisheries Orga-
nization provided for by Article V of the Convention. 
‘‘(12) PERSON.—The term ‘person’ means any 
individual (whether or not a citizen or national of 
the United States), and any corporation, partner-
ship, association, or other entity (whether or not or-
ganized or existing under the laws of any State). 
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‘‘(13) 
REPRESENTATIVE.—The 
term 
‘Rep-
resentative’ means a United States Representative to 
the Northwest Atlantic Fisheries Scientific Council 
appointed under section 202. 
‘‘(14) SCIENTIFIC
COUNCIL.—The term ‘Sci-
entific Council’ means the Scientific Council pro-
vided for by Articles V, VI, and VII of the Conven-
tion. 
‘‘(15) 
SECRETARY.—The 
term 
‘Secretary’ 
means the Secretary of Commerce. 
‘‘(16) STATE.—The term ‘State’ means each of 
the several States of the United States, the District 
of Columbia, and any other commonwealth, terri-
tory, or possession of the United States. 
‘‘(17) TRANSSHIPMENT.—The term ‘trans-
shipment’ means the unloading of all or any of the 
fishery resources on board a fishing vessel to an-
other fishing vessel either at sea or in port.’’. 
SEC. 509. QUOTA ALLOCATION PRACTICE. 
Section 213 (16 U.S.C. 5612) is repealed. 
Passed the House of Representatives September 12, 
2016. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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