II 
114TH CONGRESS 
2D SESSION 
H. R. 4576 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 13, 2016 
Received 
AN ACT 
To implement the Convention on the Conservation and Man-
agement of High Seas Fisheries Resources in the North 
Pacific Ocean, to implement the Convention on the Con-
servation and Management of High Seas Fishery Re-
sources in the South Pacific Ocean, and for other pur-
poses. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Access to 
Pacific Fisheries Act’’. 
TITLE I—NORTH PACIFIC FISH-
ERIES CONVENTION IMPLE-
MENTATION 
SEC. 101. DEFINITIONS. 
In this title: 
(1) COMMISSION.—The term ‘‘Commission’’ 
means the North Pacific Fisheries Commission es-
tablished in accordance with the North Pacific Fish-
eries Convention. 
(2) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means a United States Commissioner ap-
pointed under section 102(a). 
(3) CONVENTION
AREA.—The term ‘‘Conven-
tion Area’’ means the area to which the Convention 
on the Conservation and Management of High Seas 
Fisheries Resources in the North Pacific Ocean ap-
plies under Article 4 of such Convention. 
(4) 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 
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Conservation and Management Act (16 U.S.C. 
1852), as the context requires. 
(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) FISHERIES RESOURCES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘fisheries re-
sources’’ means all fish, mollusks, crustaceans, 
and other marine species caught by a fishing 
vessel within the Convention Area, as well as 
any products thereof. 
(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-
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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 preexisting international fisheries 
management instruments within the area 
of competence of such instruments. 
(7) FISHING ACTIVITIES.— 
(A) IN GENERAL.—The term ‘‘fishing ac-
tivities’’ means— 
(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 transshipment of fisheries re-
sources at sea or in port; or 
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(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-
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 
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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. 
(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. 
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(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-
dent and shall be an officer or employee 
of— 
(I) the Department of Commerce; 
(II) the Department of State; or 
(III) the Coast Guard. 
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(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. 
(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-
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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. 
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-
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tions, in the conduct of scientific research and other 
programs under this title. 
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 
promulgate such regulations as may be necessary to 
carry out the United States international obligations 
under the North Pacific Fisheries Convention and 
this title, including recommendations and decisions 
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 title. 
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(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 title; 
(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 
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(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 
out the functions of the Secretary under this 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 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). 
(e) 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. 
(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— 
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(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 
arising under this title, 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 
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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 
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 title, and information submitted under 
any requirement of this title that may be necessary 
to implement the Convention, including information 
submitted before the date of the enactment of this 
Act, shall be confidential and may not be disclosed, 
except— 
(A) to a Federal employee who is respon-
sible for administering, implementing, or en-
forcing this title; 
(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 
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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 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 title. 
(B) EXCEPTION.—The Secretary may re-
lease or make public information submitted 
under this title if the information is in any ag-
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gregate or summary form that does not directly 
or indirectly disclose the identity or business of 
any person. 
(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 title. 
SEC. 106. PROHIBITED ACTS. 
It is unlawful for any person— 
(1) to violate this title or any regulation or per-
mit issued under this title; 
(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 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 search, investigation, or inspection in connection 
with the enforcement of this title or any regulation, 
permit, or the North Pacific Fisheries 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-
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tion in connection with the enforcement of this title 
or any regulation, permit, or the North Pacific Fish-
eries Convention; 
(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 fisheries 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 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 title; 
(9) to assault, resist, oppose, impede, intimi-
date, sexually harass, bribe, or interfere with any ob-
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