A BILL 
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. 
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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 ‘‘Ensuring Access to Pa-
cific 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 estab-
lished in accordance with the North Pacific Fisheries 
Convention. 
(2) COMMISSIONER.—The term ‘‘Commissioner’’ 
means a United States Commissioner appointed 
under section 102(a). 
(3) CONVENTION AREA.—The term ‘‘Convention 
Area’’ means the area to which the Convention on the 
Conservation and Management of High Seas Fisheries 
Resources in the North Pacific Ocean applies 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 
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Pacific Fishery Management Council established 
under section 302 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1852), 
as the context requires. 
(5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex-
clusive 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 des-
ignated zone similar to the zone referred to in 
subparagraph (A) for that country, consistent 
with international law. 
(6) FISHERIES RESOURCES.— 
(A) IN GENERAL.—Except as provided in 
subparagraph (B), the term ‘‘fisheries resources’’ 
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 coastal 
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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 rep-
tiles, 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 activi-
ties’’ 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 locat-
ing, catching, taking, or harvesting of fish-
eries resources for any purpose; 
(iii) the processing of fisheries re-
sources at sea; 
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(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), includ-
ing 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 vessel. 
(8) FISHING VESSEL.—The term ‘‘fishing vessel’’ 
means any vessel used or intended for use for the pur-
pose of engaging in fishing activities, including a 
processing vessel, a support ship, a carrier vessel, or 
any other vessel directly engaged in such fishing ac-
tivities. 
(9) HIGH SEAS.—The term ‘‘high seas’’ does not 
include an area that is within the exclusive economic 
zone of the United States or of any other country. 
(10) NORTH PACIFIC FISHERIES CONVENTION.— 
The term ‘‘North Pacific Fisheries Convention’’ means 
the Convention on the Conservation and Management 
of the High Seas Fisheries Resources in the North Pa-
cific Ocean (including any annexes, amendments, or 
protocols that are in force, or have come into force) 
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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 Mar-
iana Islands, American Samoa, Guam, and any other 
commonwealth, territory, or possession of the United 
States. 
(14) STRADDLING STOCK.—The term ‘‘straddling 
stock’’ means a stock of fisheries resources that mi-
grates between, or occurs in, the economic exclusion 
zone of one or more parties to the Convention 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 fishing 
vessel to another fishing vessel either at sea or in port. 
(16) 1982 CONVENTION.—The term ‘‘1982 Con-
vention’’ 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 5 
United States Commissioners. 
(2) SELECTION OF COMMISSIONERS.—The Com-
missioners shall be as follows: 
(A) APPOINTMENT BY THE PRESIDENT.— 
(i) IN GENERAL.—Two of the Commis-
sioners shall be appointed by the President 
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 
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among individuals who are knowledgeable 
or experienced concerning fisheries resources 
in the North Pacific Ocean. 
(B) NORTH PACIFIC FISHERY MANAGEMENT 
COUNCIL.—One Commissioner shall be the chair-
man of the North Pacific Fishery Management 
Council or a designee of such chairman. 
(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 Man-
agement Council or a designee of such chair-
person. 
(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 pe-
riods of time considered appropriate an alternate Commis-
sioner to the Commission. An alternate Commissioner may 
exercise all powers and duties of a Commissioner in the ab-
sence of a Commissioner appointed under subsection (a), 
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and shall serve the remainder of the term of the absent Com-
missioner 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 injury compensa-
tion 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 individual’s 
services as such Commissioner or alternate Commis-
sioner. 
(3) TRAVEL EXPENSES.— 
(A) IN GENERAL.—The Secretary of State 
shall pay the necessary travel expenses of a Com-
missioner or an alternate Commissioner in ac-
cordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, and 
5731 of title 5, United States Code. 
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(B) REIMBURSEMENT.—The Secretary may 
reimburse the Secretary of State for amounts ex-
pended 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 com-
munication received pursuant to paragraph (1); 
(3) with the concurrence of the Secretary, and in 
accordance with the Convention, object to the deci-
sions 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 agencies, 
or international intergovernmental organizations, in 
the conduct of scientific research and other programs 
under this title. 
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SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE. 
(a) PROMULGATION OF REGULATIONS.— 
(1) AUTHORITY.—The Secretary, in consultation 
with the Secretary of State and, with respect to en-
forcement measures, the Secretary of the department 
in which the Coast Guard is operating, may promul-
gate 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 Com-
mission that would govern a straddling stock under 
the authority of a Council, any regulation promul-
gated by the Secretary to implement such measure 
within the exclusive economic zone shall be approved 
by such Council. 
(b) RULE OF CONSTRUCTION.—Regulations promul-
gated under subsection (a) shall be applicable only to a per-
son or a fishing vessel that is or has engaged in fishing 
activities, or fisheries resources covered by the North Pacific 
Fisheries Convention under this title. 
(c) ADDITIONAL AUTHORITY.—The Secretary may 
conduct, and may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, personnel, 
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equipment, and facilities of other Federal departments and 
agencies in— 
(1) scientific, research, and other programs 
under this title; 
(2) fishing operations and biological experiments 
for purposes of scientific investigation or other pur-
poses necessary to implement the North Pacific Fish-
eries Convention; 
(3) the collection, utilization, and disclosure of 
such information as may be necessary to implement 
the North Pacific Fisheries Convention, subject to sec-
tions 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 opera-
tors of United States vessels to engage in fishing ac-
tivities in the Convention Area seaward of the exclu-
sive economic zone of the United States, under such 
terms and conditions as the Secretary may prescribe, 
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 
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resources harvested by vessels of the United States in 
fisheries conducted in the Convention Area, to recover 
the actual costs to the United States to carry out the 
functions of the Secretary under this title. 
(d) CONSISTENCY WITH OTHER LAWS.—The Secretary 
shall ensure the consistency, to the extent practicable, of 
fishery management programs administered under this 
title, the Magnuson-Stevens Fishery Conservation and Man-
agement 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 Atmospheric Administration Au-
thorization 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 judi-
cial review to the extent authorized by, and in accord-
ance with, chapter 7 of title 5, United States Code, 
if a petition for such review is filed not later than 30 
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days after the date on which the regulations are pro-
mulgated. 
(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 Secretary 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 re-
sponse of the Secretary under paragraph (2) shall in-
clude a copy of the administrative record for the regu-
lations 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 hear-
ing 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 operating— 
(1) shall administer and enforce this title and 
any regulations issued under this title; and 
(2) may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, per-
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sonnel, equipment, and facilities of other Federal de-
partments and agencies in the administration and 
enforcement of this title. 
(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 title 
with respect to fishing activities or the conservation of fish-
eries 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 Mag-
nuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated 
into and made a part of this title. Any person that violates 
this title is subject to the penalties and entitled to the privi-
leges 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 jurisdiction, power, and duties as though sec-
tions 308 through 311 of that Act (16 U.S.C. 1858, 1859, 
1860, and 1861) were incorporated into and made a part 
of this title. 
(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 
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under this title, and any such court may at any 
time— 
(A) enter restraining orders or prohibitions; 
(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 in-
terest 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 Is-
lands, 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 violation 
first occurred, but also in any other district author-
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ized by law. Any offense not committed in any dis-
trict 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, ex-
cept— 
(A) to a Federal employee who is respon-
sible for administering, implementing, or enforc-
ing this title; 
(B) to the Commission, in accordance with 
requirements in the North Pacific Fisheries Con-
vention and decisions of the Commission, and, 
insofar as possible, in accordance with an agree-
ment with the Commission that prevents public 
disclosure of the identity or business of any per-
son; 
(C) to State, Council, or marine fisheries 
commission employees pursuant to an agreement 
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with the Secretary that prevents public disclo-
sure of the identity or business of any person; 
(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 con-
fidentiality 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-
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 prevent 
the use for conservation and management purposes by 
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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 fishing 
activities without, or after the revocation or during 
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, intimidate, 
or interfere with any such authorized officer in the 
conduct of any search, investigation, or inspection in 
connection with the enforcement of this title or any 
regulation, permit, or the North Pacific Fisheries 
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; 
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(6) to ship, transport, offer for sale, sell, pur-
chase, import, export, or have custody, control, or pos-
session of, any fisheries resources taken or retained in 
violation of this title or any regulation or permit re-
ferred 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 opti-
mum yield of a fishery that will be harvested by fish-
ing vessels of the United States), regarding any mat-
ter that the Secretary is considering in the course of 
carrying out this title; 
(9) to assault, resist, oppose, impede, intimidate, 
sexually harass, bribe, or interfere with any observer 
on a vessel under this title, or any data collector em-
ployed 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; 
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(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 resources 
in any form of those species subject to regulation pur-
suant to a recommendation, resolution, or decision of 
the Commission, or any fisheries resources in any 
form not under regulation but under investigation by 
the Commission, during the period such fisheries re-
sources have been denied entry in accordance with 
this title; 
(14) to make or submit any false record, account, 
or label for, or any false identification of, any fish-
eries resources that have been, or are intended to be 
imported, exported, transported, sold, offered for sale, 
purchased, or received in interstate or foreign com-
merce; 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 
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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 author-
ized official of the government of any party to the North 
Pacific Fisheries Convention, in carrying out responsibil-
ities under this title. 
(b) SCIENTIFIC AND OTHER PROGRAMS; FACILITIES 
AND PERSONNEL.—Each Federal agency may, upon the re-
quest of the Secretary, cooperate in the conduct of scientific 
and other programs and furnish facilities and personnel for 
the purpose of assisting the Commission in carrying out 
its duties under the North Pacific Fisheries Convention. 
(c) SANCTIONED FISHING OPERATIONS AND BIOLOGI-
CAL EXPERIMENTS.—Nothing in this title, or in the laws 
of any State, prevents the Secretary or the Commission 
from— 
(1) conducting or authorizing the conduct of fish-
ing operations and biological experiments at any time 
for purposes of scientific investigation; or 
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(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 fish-
ing under the management authority of the North Pacific 
Fisheries Convention that do not carry vessel monitoring 
systems capable of communicating with United States en-
forcement authorities shall, prior to or as soon as reason-
ably possible after, entering and transiting the exclusive 
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 normally used 
for fishing activities and placed where it is not readily 
available for fishing activities. 
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TITLE II—IMPLEMENTATION OF 
THE CONVENTION ON THE 
CONSERVATION 
AND 
MAN-
AGEMENT 
OF 
HIGH 
SEAS 
FISHERY RESOURCES IN THE 
SOUTH PACIFIC OCEAN 
SEC. 201. DEFINITIONS. 
In this title: 
(1) 1982 CONVENTION.—The term ‘‘1982 Conven-
tion’’ 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 ac-
cordance with the South Pacific Fishery Resources 
Convention. 
(3) CONVENTION AREA.—The term ‘‘Convention 
Area’’ means the area to which the Convention on the 
Conservation and Management of High Seas Fishery 
Resources in the South Pacific Ocean applies under 
Article 5 of such Convention. 
(4) COUNCIL.—The term ‘‘Council’’ means the 
Western Pacific Regional Fishery Management Coun-
cil. 
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(5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘ex-
clusive 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 des-
ignated zone similar to the zone referred to in 
subparagraph (A) for that country, consistent 
with international law. 
(6) FISHERY RESOURCES.—The term ‘‘fishery re-
sources’’ means all fish, mollusks, crustaceans, and 
other marine species, and any products thereof, 
caught by a fishing vessel within the Convention 
Area, but excluding— 
(A) sedentary species insofar as they are 
subject to the national jurisdiction of coastal 
States pursuant to Article 77 paragraph 4 of the 
1982 Convention; 
(B) highly migratory species listed in 
Annex I of the 1982 Convention; 
(C) anadromous and catadromous species; 
and 
(D) marine mammals, marine reptiles and 
sea birds. 
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(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 locat-
ing, catching, taking or harvesting of fish-
ery 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 vessel. 
(8) FISHING VESSEL.—The term ‘‘fishing vessel’’ 
means any vessel used or intended to be used for fish-
ing, including any fish processing vessel support ship, 
carrier vessel, or any other vessel directly engaged in 
fishing operations. 
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(9) PERSON.—The term ‘‘person’’ means any in-
dividual (whether or not a citizen or national of the 
United States); any corporation, partnership, associa-
tion, or other entity (whether or not organized or ex-
isting 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 Fish-
ery Resources in the South 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 Auckland, New Zealand, on 
November 14, 2009, by the International Consulta-
tions on the Proposed South Pacific Regional Fish-
eries Management Organization. 
(12) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District of 
Columbia, the Commonwealth of the Northern Mar-
iana Islands, American Samoa, Guam, and any other 
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commonwealth, territory, or possession of the United 
States. 
SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED 
STATES COMMISSIONERS. 
(a) APPOINTMENT.— 
(1) IN GENERAL.—The United States shall be 
represented on the Commission by not more than 3 
Commissioners. In making each appointment, the 
President shall select a Commissioner from among in-
dividuals who are knowledgeable or experienced con-
cerning fishery resources in the South Pacific Ocean. 
(2) REPRESENTATION.—At least one of the Com-
missioners shall be— 
(A) serving at the pleasure of the President, 
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 Coun-
cil. 
(b) ALTERNATE COMMISSIONERS.—The Secretary of 
State, in consultation with the Secretary, may designate 
from time to time and for periods of time considered appro-
priate an alternate Commissioner to the Commission. An 
alternate Commissioner may exercise all powers and duties 
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of a Commissioner in the absence of a Commissioner ap-
pointed 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 injury compensa-
tion 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 individual’s 
services as such Commissioner or alternate Commis-
sioner. 
(3) TRAVEL EXPENSES.— 
(A) IN GENERAL.—The Secretary of State 
shall pay the necessary travel expenses of a Com-
missioner or an alternate Commissioner in ac-
cordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, and 
5731 of title 5, United States Code. 
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(B) REIMBURSEMENT.—The Secretary may 
reimburse the Secretary of State for amounts ex-
pended 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 commu-
nication pursuant to paragraph (1); and 
(3) with the concurrence of the Secretary, and in 
accordance with the South Pacific Fishery Resources 
Convention, object to decisions of the Commission. 
SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULE-
MAKING AUTHORITY. 
(a) RESPONSIBILITIES.—The Secretary may— 
(1) administer this title and any regulations 
issued under this title, except to the extent otherwise 
provided for in this title; 
(2) issue permits to vessels subject to the jurisdic-
tion of the United States, and to owners and opera-
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tors of such vessels, to fish in the Convention Area, 
under such terms and conditions as the Secretary 
may prescribe; and 
(3) if recommended by the United States Com-
missioners, assess and collect fees, not to exceed 3 per-
cent of the ex-vessel value of fisheries resources har-
vested by vessels of the United States in fisheries con-
ducted in the Convention Area, to recover the actual 
costs to the United States to carry out the functions 
of the Secretary under this title. 
(b) PROMULGATION OF REGULATIONS.— 
(1) IN GENERAL.—The Secretary, in consultation 
with the Secretary of State and the Secretary of the 
department in which the Coast Guard is operating, 
may promulgate such regulations as may be necessary 
and appropriate to carry out the international obli-
gations of the United States under the South Pacific 
Fishery Resources Convention and this title, includ-
ing decisions adopted by the Commission. 
(2) APPLICABILITY.—Regulations promulgated 
under this subsection shall be applicable only to a 
person or fishing vessel that is or has engaged in fish-
ing, and fishery resources covered by the Convention 
on the Conservation and Management of High Seas 
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Fishery Resources in the South Pacific Ocean under 
this title. 
(c) CONSISTENCY WITH OTHER LAWS.—The Secretary 
shall ensure the consistency, to the extent practicable, of 
fishery management programs administered under this 
title, the Magnuson-Stevens Fishery Conservation and Man-
agement 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 Atmospheric Administration Au-
thorization 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 judi-
cial review to the extent authorized by, and in accord-
ance 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 pro-
mulgated or the action is published in the Federal 
Register, as applicable. 
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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 Secretary 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 re-
sponse of the Secretary under paragraph (2) shall in-
clude a copy of the administrative record for the regu-
lations 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 hear-
ing 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 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 officers to en-
force this title or any regulation promulgated under this 
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title. Any officer so authorized may enforce this title in the 
same manner, by the same means, and with the same juris-
diction, powers, and duties as though section 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 Sec-
retary 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 Conservation 
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. 
(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, 
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‘‘(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 regulation 
issued under this title, or any measure that is legally 
binding on the United States under the Convention. 
‘‘(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 ‘Commissioner’ 
means a United States Commissioner to the North-
west Atlantic Fisheries Organization appointed under 
section 202. 
‘‘(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 Sep-
tember 28, 2007. 
‘‘(6) CONVENTION AREA.—The term ‘Convention 
Area’ means the waters of the Northwest Atlantic 
Ocean north of 35°00′ N and west of a line extending 
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 
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