I 
114TH CONGRESS 
2D SESSION 
H. R. 6452 
To implement the Convention on the Conservation and Management of High 
Seas Fisheries Resources in the North Pacific Ocean, to implement 
the Convention on the Conservation and Management of High Seas 
Fishery Resources in the South Pacific Ocean, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 7, 2016 
Mrs. RADEWAGEN introduced the following bill; which was referred to the 
Committee on Natural Resources, and in addition to the Committee on 
Science, Space, and Technology, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
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. 
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 
Pacific Fisheries Act’’. 
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TITLE I—NORTH PACIFIC 
FISHERIES 
Subtitle A—North Pacific Fisheries 
Convention Implementation 
SEC. 101. DEFINITIONS. 
In this subtitle: 
(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 
Conservation and Management Act (16 U.S.C. 
1852), as the context requires. 
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(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-
cator species of vulnerable marine eco-
systems as listed in, or adopted pursuant 
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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 
(v) any operation at sea in direct sup-
port of, or in preparation for, any activity 
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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 
come into force) for the United States, which was 
adopted at Tokyo on February 24, 2012. 
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(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. 
(15) 
TRANSSHIPMENT.—The 
term 
‘‘trans-
shipment’’ means the unloading of any fisheries re-
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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. 
(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 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-
missioner to the Commission. An alternate Commissioner 
may exercise all powers and duties of a Commissioner in 
the absence of a Commissioner appointed under subsection 
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(a), and shall serve the remainder of the term of the ab-
sent Commissioner for which designated. 
(c) ADMINISTRATIVE MATTERS.— 
(1) EMPLOYMENT STATUS.—An individual serv-
ing as a Commissioner, or an alternative Commis-
sioner, other than an officer or employee of the 
United States Government, shall not be considered 
a Federal employee, except for the purposes of in-
jury compensation or tort claims liability as provided 
in chapter 81 of title 5, United States Code, and 
chapter 171 of title 28, United States Code. 
(2) COMPENSATION.—An individual serving as 
a Commissioner or an alternate Commissioner, al-
though an officer of the United States while so serv-
ing, shall receive no compensation for the individ-
ual’s services as such Commissioner or alternate 
Commissioner. 
(3) TRAVEL EXPENSES.— 
(A) IN GENERAL.—The Secretary of State 
shall pay the necessary travel expenses of a 
Commissioner or an alternate Commissioner in 
accordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, 
and 5731 of title 5, United States Code. 
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(B) 
REIMBURSEMENT.—The 
Secretary 
may reimburse the Secretary of State for 
amounts expended by the Secretary of State 
under this paragraph. 
(d) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT OF PERMANENT ADVISORY 
COMMITTEE.— 
(A) MEMBERSHIP.—There is established 
an advisory committee which shall be composed 
of 11 members appointed by the Secretary as 
follows: 
(i) A member engaging in commercial 
fishing activities in the management area 
of the North Pacific Fishery Management 
Council. 
(ii) A member engaging in commercial 
fishing activities in the management area 
of the Pacific Fishery Management Coun-
cil. 
(iii) A member engaging in commer-
cial fishing activities in the management 
area of the Western Pacific Fishery Man-
agement Council. 
(iv) Three members from the indige-
nous population of the North Pacific, in-
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cluding an Alaska Native, Native Hawai-
ian, or a native-born inhabitant of any 
State of the United States in the Pacific, 
and an individual from a Pacific Coast 
tribe. 
(v) A member that is a marine fish-
eries scientist that is a resident of a State 
the adjacent exclusive economic zone for 
which is bounded by the Convention Area. 
(vi) A member nominated by the Gov-
ernor of the State of Alaska. 
(vii) A member nominated by the Gov-
ernor of the State of Hawaii. 
(viii) A member nominated by the 
Governor of the State of Washington. 
(ix) A member nominated by the Gov-
ernor of the State of California. 
(B) TERMS AND PRIVILEGES.—Each mem-
ber of the Advisory Committee shall serve for a 
term of 2 years and shall be eligible for re-
appointment for not more than 3 consecutive 
terms. The Commissioners shall notify the Ad-
visory Committee in advance of each meeting of 
the Commissioners. The Advisory Committee 
shall attend each meeting and shall examine 
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and be heard on all proposed programs, inves-
tigations, reports, recommendations, and regu-
lations of the Commissioners. 
(C) PROCEDURES.— 
(i) IN GENERAL.—The Advisory Com-
mittee shall determine its organization and 
prescribe its practices and procedures for 
carrying out its functions under this sub-
title, the North Pacific Fisheries Conven-
tion, and the Magnuson-Stevens Fishery 
Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(ii) PUBLIC AVAILABILITY OF PROCE-
DURES.—The Advisory Committee shall 
publish and make available to the public a 
statement of its organization, practices, 
and procedures. 
(iii) QUORUM.—A majority of the 
members of the Advisory Committee shall 
constitute a quorum to conduct business. 
(iv) PUBLIC MEETINGS.—Meetings of 
the Advisory Committee, except when in 
executive session, shall be open to the pub-
lic. Prior notice of each non-executive 
meeting shall be made public in a timely 
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fashion. The Advisory Committee shall not 
be subject to the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(v) COST SAVINGS.—In order to re-
duce the cost of Advisory Committee meet-
ings, the Advisory Committee shall, to the 
extent practicable, utilize teleconferences 
and webinars for that purpose. 
(D) PROVISION
OF
INFORMATION.—The 
Secretary and the Secretary of State shall fur-
nish the Advisory Committee with relevant in-
formation concerning fisheries resources and 
international fishery agreements. 
(2) ADMINISTRATIVE MATTERS.— 
(A) SUPPORT
SERVICES.—The Secretary 
shall provide to the Advisory Committee in a 
timely manner such administrative and tech-
nical support services as are necessary to func-
tion effectively. 
(B) COMPENSATION; STATUS.—An indi-
vidual appointed to serve as a member of the 
Advisory Committee— 
(i) shall serve without pay; and 
(ii) shall not be considered a Federal 
employee, except for the purposes of injury 
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compensation or tort claims liability as 
provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, 
United States Code. 
(C) TRAVEL EXPENSES.— 
(i) IN
GENERAL.—The Secretary of 
State may pay the necessary travel ex-
penses of members of the Advisory Com-
mittee in carrying out the duties of the Ad-
visory Committee in accordance with the 
Federal Travel Regulations and sections 
5701, 5702, 5704 through 5708, and 5731 
of title 5, United States Code. 
(ii) REIMBURSEMENT.—The Secretary 
may reimburse the Secretary of State for 
amounts expended by the Secretary of 
State under this subparagraph. 
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; 
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(2) in consultation with the Secretary, act 
upon, or refer to another appropriate authority, any 
communication received pursuant to paragraph (1); 
(3) with the concurrence of the Secretary, and 
in accordance with the Convention, object to the de-
cisions of the Commission; and 
(4) request and utilize on a reimbursed or non- 
reimbursed basis the assistance, services, personnel, 
equipment, and facilities of other Federal depart-
ments and agencies, foreign governments or agen-
cies, or international intergovernmental organiza-
tions, in the conduct of scientific research and other 
programs under this subtitle. 
SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE. 
(a) PROMULGATION OF REGULATIONS.— 
(1) AUTHORITY.—The Secretary, in consulta-
tion with the Secretary of State and, with respect to 
enforcement measures, the Secretary of the depart-
ment in which the Coast Guard is operating, may 
promulgate such regulations as may be necessary to 
carry out the United States international obligations 
under the North Pacific Fisheries Convention and 
this subtitle, including recommendations and deci-
sions adopted by the Commission. 
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(2) REGULATIONS OF STRADDLING STOCKS.— 
In the implementation of a measure adopted by the 
Commission that would govern a straddling stock 
under the authority of a Council, any regulation pro-
mulgated by the Secretary to implement such meas-
ure within the exclusive economic zone shall be ap-
proved by such Council. 
(b) RULE OF CONSTRUCTION.—Regulations promul-
gated under subsection (a) shall be applicable only to a 
person or a fishing vessel that is or has engaged in fishing 
activities, or fisheries resources covered by the North Pa-
cific Fisheries Convention under this subtitle. 
(c) ADDITIONAL AUTHORITY.—The Secretary may 
conduct, and may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, personnel, 
equipment, and facilities of other Federal departments 
and agencies in— 
(1) scientific, research, and other programs 
under this subtitle; 
(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 
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the North Pacific Fisheries Convention, subject to 
sections 552 and 552a of title 5, United States 
Code, and section 402(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1881a(b)); 
(4) the issuance of permits to owners and oper-
ators of United States vessels to engage in fishing 
activities in the Convention Area seaward of the ex-
clusive economic zone of the United States, under 
such terms and conditions as the Secretary may pre-
scribe, including the period of time that a permit is 
valid; and 
(5) if recommended by the United States Com-
missioners, the assessment and collection of fees, not 
to exceed 3 percent of the ex-vessel value of fisheries 
resources harvested by vessels of the United States 
in fisheries conducted in the Convention Area, to re-
cover the actual costs to the United States to carry 
out the functions of the Secretary under this sub-
title. 
(d) CONSISTENCY WITH OTHER LAWS.—The Sec-
retary shall ensure the consistency, to the extent prac-
ticable, of fishery management programs administered 
under this subtitle, the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1801 et seq.), 
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the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 
et seq.), section 401 of Public Law 108–219 (16 U.S.C. 
1821 note) (relating to Pacific albacore tuna), the West-
ern and Central Pacific Fisheries Convention Implementa-
tion Act (16 U.S.C. 6901 et seq.), the National Oceanic 
and Atmospheric Administration Authorization Act of 
1992 (Public Law 102–567) and the amendments made 
by that Act, and Public Law 100–629 (102 Stat. 3286). 
(e) JUDICIAL REVIEW OF REGULATIONS.— 
(1) IN GENERAL.—Regulations promulgated by 
the Secretary under this subtitle shall be subject to 
judicial review to the extent authorized by, and in 
accordance with, chapter 7 of title 5, United States 
Code, if a petition for such review is filed not later 
than 30 days after the date on which the regulations 
are promulgated. 
(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. 
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(3) COPIES OF ADMINISTRATIVE RECORD.—A 
response of the Secretary under paragraph (2) shall 
include a copy of the administrative record for the 
regulations that are the subject of the petition. 
(4) EXPEDITED HEARINGS.—Upon a motion by 
the person who files a petition under this subsection, 
the appropriate court shall assign the matter for 
hearing at the earliest possible date. 
SEC. 105. ENFORCEMENT. 
(a) IN GENERAL.—The Secretary and the Secretary 
of the department in which the Coast Guard is oper-
ating— 
(1) shall administer and enforce this subtitle 
and any regulations issued under this subtitle; and 
(2) may request and utilize on a reimbursed or 
nonreimbursed basis the assistance, services, per-
sonnel, equipment, and facilities of other Federal de-
partments and agencies in the administration and 
enforcement of this subtitle. 
(b) SECRETARIAL ACTIONS.—The Secretary and the 
Secretary of the department in which the Coast Guard is 
operating shall prevent any person from violating this sub-
title with respect to fishing activities or the conservation 
of fisheries resources in the Convention Area in the same 
manner, by the same means, and with the same jurisdic-
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tion, powers, and duties as though sections 308 through 
311 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) 
were incorporated into and made a part of this subtitle. 
Any person that violates this subtitle is subject to the pen-
alties and entitled to the privileges and immunities pro-
vided in the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) in the same 
manner, by the same means, and with the same jurisdic-
tion, power, and duties as though sections 308 through 
311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) 
were incorporated into and made a part of this subtitle. 
(c) JURISDICTION OF THE COURTS.— 
(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), the district courts of the United States 
shall have jurisdiction over any case or controversy 
arising under this subtitle, and any such court may 
at any time— 
(A) enter restraining orders or prohibi-
tions; 
(B) issue warrants, process in rem, or 
other process; 
(C) prescribe and accept satisfactory bonds 
or other security; and 
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(D) take such other actions as are in the 
interest of justice. 
(2) HAWAII AND PACIFIC INSULAR AREAS.—In 
the case of Hawaii or any possession of the United 
States in the Pacific Ocean, the appropriate court is 
the United States District Court for the District of 
Hawaii, except that— 
(A) in the case of Guam and Wake Island, 
the appropriate court is the United States Dis-
trict Court for the District of Guam; and 
(B) in the case of the Northern Mariana 
Islands, the appropriate court is the United 
States District Court for the District of the 
Northern Mariana Islands. 
(3) CONSTRUCTION.—Each violation shall be a 
separate offense and the offense is deemed to have 
been committed not only in the district where the 
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 subtitle, and information submitted under 
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any requirement of this subtitle that may be nec-
essary to implement the Convention, including infor-
mation submitted before the date of the enactment 
of this Act, shall be confidential and may not be dis-
closed, except— 
(A) to a Federal employee who is respon-
sible for administering, implementing, or en-
forcing this subtitle; 
(B) to the Commission, in accordance with 
requirements in the North Pacific Fisheries 
Convention and decisions of the Commission, 
and, insofar as possible, in accordance with an 
agreement with the Commission that prevents 
public disclosure of the identity or business of 
any person; 
(C) to State, Council, or marine fisheries 
commission employees pursuant to an agree-
ment with the Secretary that prevents public 
disclosure of the identity or business of any per-
son; 
(D) when required by court order; or 
(E) when the Secretary has obtained writ-
ten authorization from the person submitting 
such information to release such information to 
another person for a reason not otherwise pro-
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vided for in this paragraph, and such release 
does not violate other requirements of this sub-
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 subtitle. 
(B) EXCEPTION.—The Secretary may re-
lease or make public information submitted 
under this subtitle if the information is in any 
aggregate or summary form that does not di-
rectly or indirectly disclose the identity or busi-
ness 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 subtitle. 
SEC. 106. PROHIBITED ACTS. 
It is unlawful for any person— 
(1) to violate this subtitle or any regulation or 
permit issued under this subtitle; 
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(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 subtitle; 
(3) to refuse to permit any officer authorized to 
enforce this subtitle to board a fishing vessel subject 
to such person’s control for the purposes of con-
ducting any search, investigation, or inspection in 
connection with the enforcement of this subtitle or 
any regulation, permit, or the North Pacific Fish-
eries 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-
tion in connection with the enforcement of this sub-
title or any regulation, permit, or the North Pacific 
Fisheries Convention; 
(5) to resist a lawful arrest for any act prohib-
ited by this subtitle or any regulation promulgated 
or permit issued under this subtitle; 
(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 subtitle or any regulation 
or permit referred to in paragraph (1) or (2); 
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(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 subtitle; 
(9) to assault, resist, oppose, impede, intimi-
date, sexually harass, bribe, or interfere with any ob-
server on a vessel under this subtitle, or any data 
collector employed by or under contract to any per-
son to carry out responsibilities under this subtitle; 
(10) to engage in fishing activities in violation 
of any regulation adopted pursuant to this subtitle; 
(11) to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports required 
by regulations adopted pursuant to this subtitle to 
be made, kept, or furnished; 
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(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 subtitle, 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 subtitle; 
(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 
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. 
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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 subtitle. 
(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 subtitle, or in 
the laws of any State, prevents the Secretary or the Com-
mission 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. 
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(d) STATE JURISDICTION NOT AFFECTED.—Nothing 
in this subtitle shall be construed to diminish or to in-
crease 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, 
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. 
SEC. 110. AUTHORIZATION OF APPROPRIATIONS. 
There is authorized to be appropriated out of funds 
made available to the Secretary and the Secretary of State 
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$300,000 for each of fiscal years 2017 through 2021 to 
carry out this subtitle and to pay the United States con-
tribution to the Commission under Article 12 of the North 
Pacific Fisheries Convention. 
Subtitle B—Miscellaneous 
SEC. 121. FUNDING FOR TRAVEL EXPENSES. 
(a) NORTH PACIFIC BERING SEA FISHERIES ADVI-
SORY BODY.—Section 5 of the Act entitled ‘‘An Act to 
approve the governing international fishery agreement be-
tween the United States and the Union of Soviet Socialist 
Republics, and for other purposes’’, approved November 
7, 1988 (Public Law 100–629; 16 U.S.C. 1823 note), is 
amended by adding at the end the following: 
‘‘(e) TRAVEL EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary of State may 
pay the necessary travel expenses of the members of 
the advisory body established pursuant to this sec-
tion in carrying out their service as such members 
in accordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, and 
5731 of title 5, United States Code. 
‘‘(2) 
REIMBURSEMENT.—The 
Secretary 
of 
Commerce may reimburse the Secretary of State for 
amounts expended by the Secretary of State under 
this subsection.’’. 
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(b) NORTH PACIFIC ANADROMOUS FISH COMMIS-
SION.— 
(1) UNITED STATES COMMISSIONERS.—Section 
804 of the North Pacific Anadromous Stocks Act of 
1992 (16 U.S.C. 5003) is amended by adding at the 
end the following: 
‘‘(e) TRAVEL EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary may pay the 
necessary travel expenses of the United States Com-
missioners and Alternate United States Commis-
sioners in carrying out the duties of the Commission 
in accordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, and 
5731 of title 5, United States Code. 
‘‘(2) 
REIMBURSEMENT.—The 
Secretary 
of 
Commerce may reimburse the Secretary for amounts 
expended by the Secretary under this subpara-
graph.’’. 
(2) ADVISORY
PANEL.—Section 805 of the 
North Pacific Anadromous Stocks Act of 1992 (16 
U.S.C. 5004) is amended by striking subsection (e) 
and inserting the following: 
‘‘(e) COMPENSATION.—The members of the Advisory 
Panel shall receive no compensation for their service as 
such members. 
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‘‘(f) TRAVEL EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary may pay the 
necessary travel expenses of the members of the Ad-
visory Panel in carrying out their service as such 
members in accordance with the Federal Travel Reg-
ulations and sections 5701, 5702, 5704 through 
5708, and 5731 of title 5, United States Code. 
‘‘(2) 
REIMBURSEMENT.—The 
Secretary 
of 
Commerce may reimburse the Secretary for amounts 
expended by the Secretary under this subpara-
graph.’’. 
SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAU-
THORIZATION ACT OF 1998. 
Section 10 of the National Sea Grant College Pro-
gram Reauthorization Act of 1998 (15 U.S.C. 1541) is 
amended by striking ‘‘the United States Coast Guard’’ 
each place it appears and inserting ‘‘another Federal 
agency’’. 
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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 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. 
(4) COUNCIL.—The term ‘‘Council’’ means the 
Western Pacific Regional Fishery Management 
Council. 
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(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; 
(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 lo-
cating, catching, taking or harvesting of 
fishery resources for any purpose; 
(iii) transshipment and any operation 
at sea, in support of, or in preparation for, 
any activity described in this subpara-
graph; and 
(iv) the use of any vessel, vehicle, air-
craft, or hovercraft in relation to any activ-
ity described in this subparagraph; and 
(B) does not include any operation related 
to emergencies involving the health and safety 
of crew members or the safety of a fishing ves-
sel. 
(8) FISHING VESSEL.—The term ‘‘fishing ves-
sel’’ means any vessel used or intended to be used 
for fishing, including any fish processing vessel sup-
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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. 
(12) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
of Columbia, the Commonwealth of the Northern 
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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 3 
Commissioners. In making each appointment, the 
President shall select a Commissioner from among 
individuals who are knowledgeable or experienced 
concerning fishery resources in the South Pacific 
Ocean. 
(2) REPRESENTATION.—At least 1 of the Com-
missioners 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. 
(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-
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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 
Commissioner or an alternate Commissioner in 
accordance with the Federal Travel Regulations 
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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. 
(d) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT OF PERMANENT ADVISORY 
COMMITTEE.— 
(A) MEMBERSHIP.—There is established 
an advisory committee which shall be composed 
of 7 members appointed by the Secretary as fol-
lows: 
(i) A member engaging in commercial 
fishing in the management area of the 
Council. 
(ii) Two members from the indigenous 
population of the Pacific, including a Na-
tive Hawaiian and a native-born inhabitant 
of any State in the Pacific. 
(iii) A member that is a marine fish-
eries scientist and a member of the Coun-
cil’s Scientific and Statistical Committee. 
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(iv) A member representing a non- 
governmental organization active in fishery 
issues in the Pacific. 
(v) A member nominated by the Gov-
ernor of the State of Hawaii. 
(vi) A member designated by the 
Council. 
(B) TERMS AND PRIVILEGES.—Each mem-
ber of the Advisory Committee shall serve for a 
term of 2 years and shall be eligible for re-
appointment for not more than 3 consecutive 
terms. The Commissioners shall notify the Ad-
visory Committee in advance of each meeting of 
the Commissioners. The Advisory Committee 
may attend each meeting and may examine and 
be heard on all proposed programs, investiga-
tions, reports, recommendations, and regula-
tions of the Commissioners. 
(C) PROCEDURES.— 
(i) IN GENERAL.—The Advisory Com-
mittee shall determine its organization and 
prescribe its practices and procedures for 
carrying out its functions under this title, 
the South Pacific Fisheries Convention, 
and the Magnuson-Stevens Fishery Con-
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servation and Management Act (16 U.S.C. 
1801 et seq.). 
(ii) PUBLIC AVAILABILITY OF PROCE-
DURES.—The Advisory Committee shall 
publish and make available to the public a 
statement of its organization, practices, 
and procedures. 
(iii) QUORUM.—A majority of the 
members of the Advisory Committee shall 
constitute a quorum to conduct business. 
(iv) PUBLIC MEETINGS.—Meetings of 
the Advisory Committee, except when in 
executive session, shall be open to the pub-
lic. Prior notice of each non-executive 
meeting shall be made public in a timely 
fashion. The Advisory Committee shall not 
be subject to the Federal Advisory Com-
mittee Act (5 U.S.C. App.). 
(v) COST SAVINGS.—In order to re-
duce the cost of Advisory Committee meet-
ings, the Advisory Committee shall, to the 
extent practicable, utilize teleconferences 
and webinars for that purpose. 
(D) PROVISION
OF
INFORMATION.—The 
Secretary and the Secretary of State shall fur-
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nish the Advisory Committee with relevant in-
formation concerning fishery resources and 
international fishery agreements. 
(2) ADMINISTRATIVE MATTERS.— 
(A) SUPPORT
SERVICES.—The Secretary 
shall provide to the Advisory Committee in a 
timely manner such administrative and tech-
nical support services as are necessary to func-
tion effectively. 
(B) 
COMPENSATION; 
STATUS; 
EX-
PENSES.—An individual appointed to serve as a 
member of the Advisory Committee— 
(i) shall serve without pay; and 
(ii) shall not be considered a Federal 
employee, except for the purposes of injury 
compensation or tort claims liability as 
provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, 
United States Code. 
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, 
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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— 
(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-
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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. 
(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.), 
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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-
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. 
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(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 
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 and the Secretary of the department in which 
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the Coast Guard is operating 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-Ste-
vens 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-Ste-
vens 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.— 
(1) IN GENERAL.—The district courts of the 
United States shall have jurisdiction over any ac-
tions arising under this section. 
(2) HAWAII
AND
PACIFIC
INSULAR
AREAS.— 
Notwithstanding subsection (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— 
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(3) in subsection (b)(2), by striking ‘‘, at any 
meeting of the General Council or the Fisheries 
Commission for which the Alternate Commissioner is 
designated’’; 
(4) in subsection (d)(1), by striking ‘‘at a meet-
ing of the Scientific Council’’; 
(5) in subsection (d)(2), by striking ‘‘, at any 
meeting of the Scientific Council for which the Alter-
nate Representative is designated’’; and 
(6) in subsection (f)(1)(A), by striking ‘‘Magnu-
son Act’’ and inserting ‘‘Magnuson-Stevens Fishery 
Conservation and Management Act’’. 
SEC. 503. REQUESTS FOR SCIENTIFIC ADVICE. 
Section 203 (16 U.S.C. 5602) is amended— 
(1) in subsection (a)— 
(A) by striking ‘‘The Representatives may’’ 
and inserting ‘‘A Representative may’’; 
(B) by striking ‘‘described in subsection 
(b)(1) or (2)’’ and inserting ‘‘described in para-
graph (1) or (2) of subsection (b)’’; and 
(C) by striking ‘‘the Representatives have’’ 
and inserting ‘‘the Representative has’’; 
(2) by striking ‘‘VII(1)’’ each place it appears 
and inserting ‘‘VII(10)(b)’’; and 
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