TITLE I—NORTH PACIFIC FISH-
ERIES CONVENTION IMPLE-
MENTATION 
SEC. 101. DEFINITIONS. 
In this title: 
(1) ADVISORY COMMITTEE.—The term ‘‘Advi-
sory Committee’’ means the advisory committee es-
tablished under section 102(d). 
(2) COMMISSION.—The term ‘‘Commission’’ 
means the North Pacific Fisheries Commission es-
tablished in accordance with the North Pacific Fish-
eries Convention. 
(3) 
COMMISSIONER.—The 
term 
‘‘Commis-
sioner’’ means a United States Commissioner ap-
pointed under section 102(a). 
(4) 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. 
(5) COUNCIL.—The term ‘‘Council’’ means the 
North Pacific Fishery Management Council, the Pa-
cific Fishery Management Council, or the Western 
Pacific Fishery Management Council established 
under section 302 of the Magnuson-Stevens Fishery 
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Conservation and Management Act (16 U.S.C. 
1852), as the context requires. 
(6) 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. 
(7) 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. 
(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. 
(8) 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. 
(9) 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. 
(10) 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. 
(11) 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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(12) 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. 
(13) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘‘Secretary’’ means the Sec-
retary of Commerce. 
(14) 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. 
(15) 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. 
(16) 
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. 
(17) 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 5 
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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(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, in-
cluding— 
(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 commercial 
fishing activities in the management area 
of the Western Pacific Fishery Manage-
ment Council; 
(iv) 3 members from the indigenous 
population of the North Pacific including 
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an Alaska Native, a Native Hawaiian, or a 
native-born inhabitant of any State of the 
United States in the Pacific, and an indi-
vidual 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; and 
(viii) a member nominated by the 
Governor of the State of Washington. 
(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, except an individual may not be 
appointed to more than 3 terms. The Commis-
sioners shall notify the Advisory Committee in 
advance of each meeting of the Commissioners. 
The Advisory Committee shall attend each such 
meeting and shall examine and be heard on all 
proposed programs, investigations, reports, and 
recommendations of the Commissioners. 
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(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 North Pacific Fisheries Convention, 
and the Magnuson-Stevens Fishery Con-
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 nonexecutive meet-
ing shall be made public in a timely fash-
ion. The Advisory Committee shall not be 
subject to the Federal Advisory Committee 
Act (5 U.S.C. App.). 
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(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 
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 shall pay the necessary travel ex-
penses of members of the Advisory Com-
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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. 
(e) UNITED STATES PARTICIPATION.—In instances 
in which the United States is participating in any meeting 
of the parties to the North Pacific Fisheries Convention, 
the United States shall be represented by the Commis-
sioners and the Advisory Committee. 
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, approve, 
disapprove, object to, or withdraw objections to by-
laws and rules, or amendments thereof, adopted by 
the Commission; 
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