(5) COUNCIL.—The term ‘‘Council’’ means the 
Western Pacific Regional Fishery Management 
Council. 
(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.—The term ‘‘fish-
eries resources’’ means all fish within the Conven-
tion Area, including mollusks, crustaceans, and 
other living marine resources as may be decided by 
the Commission, 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 
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(D) marine mammals, marine reptiles and 
sea birds. 
(8) 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 
fisheries 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. 
(9) FISHING VESSEL.—The term ‘‘fishing ves-
sel’’ means any vessel used or intended to be used 
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for fishing, including any support ship, carrier ves-
sel, or any other vessel directly engaged in fishing 
operations. 
(10) 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. 
(11) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of Commerce. 
(12) 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. 
(13) STATE.—The term ‘‘State’’ means each of 
the several States of the United States, the District 
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of Columbia, the Commonwealth of the Northern 
Mariana Islands, American Samoa, Guam, and any 
other commonwealth, territory, or possession of the 
United States. 
SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED 
STATES COMMISSIONERS. 
(a) APPOINTMENT.— 
(1) IN GENERAL.—The United States shall be 
represented on the Commission by not more than 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 one of the 
Commissioners shall be— 
(A) serving at the pleasure of the Presi-
dent, an officer or employee of— 
(i) the Department of Commerce; 
(ii) the Department of State; or 
(iii) the Coast Guard; and 
(B) the chairperson or designee of the 
Council. 
(b) ALTERNATE COMMISSIONERS.—The Secretary of 
State, in consultation with the Secretary, may designate 
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from time to time and for periods of time considered ap-
propriate an alternate Commissioner to the Commission. 
An alternate Commissioner may exercise all powers and 
duties of a Commissioner in the absence of a Commis-
sioner appointed under subsection (a). 
(c) ADMINISTRATIVE MATTERS.— 
(1) EMPLOYMENT STATUS.—An individual serv-
ing as a Commissioner, or as an alternate Commis-
sioner, other than an officer or employee of the 
United States Government, shall not be considered 
a Federal employee, except for the purposes of in-
jury compensation or tort claims liability as provided 
in chapter 81 of title 5, United States Code, and 
chapter 171 of title 28, United States Code. 
(2) COMPENSATION.—An individual serving as 
a Commissioner or an alternate Commissioner, al-
though an officer of the United States while so serv-
ing, shall receive no compensation for the individ-
ual’s services as such Commissioner or alternate 
Commissioner. 
(3) TRAVEL EXPENSES.— 
(A) IN GENERAL.—The Secretary of State 
shall pay the necessary travel expenses of a 
Commissioner or an alternate Commissioner in 
accordance with the Federal Travel Regulations 
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emcdonald on DSK67QTVN1PROD with BILLS
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 that shall be composed 
of 6 members appointed by the Secretary, in-
cluding— 
(i) a member engaging in commercial 
fishing in the management area of the 
Council; 
(ii) 2 members from the indigenous 
population of the Pacific, including a Na-
tive American Samoan; 
(iii) a member that is a marine fish-
eries scientist and a member of the Coun-
cil’s Scientific and Statistical Committee; 
(iv) a member nominated by the Gov-
ernor of the State of Hawaii; and 
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(v) a member designated by the Coun-
cil. 
(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 
meeting and shall examine and be heard on all 
proposed programs, investigations, reports, and 
recommendations of the Commissioners. 
(C) PROCEDURES.—The Advisory Com-
mittee shall determine its organization and pre-
scribe its practices and procedures for carrying 
out its functions under this title, the South Pa-
cific Fisheries Convention, and the Magnuson- 
Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.). The Advisory 
Committee shall publish and make available to 
the public a statement of its organization, prac-
tices, and procedures. A majority of the mem-
bers of the Advisory Committee shall constitute 
a quorum to conduct business. Meetings of the 
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Advisory Committee, except when in executive 
session, shall be open to the public. Prior notice 
of each nonexecutive meeting shall be made 
public in a timely fashion. The Advisory Com-
mittee shall not be subject to the Federal Advi-
sory Committee Act (5 U.S.C. App.). 
(D) PROVISION
OF
INFORMATION.—The 
Secretary and the Secretary of State shall fur-
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 
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emcdonald on DSK67QTVN1PROD with BILLS
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, 
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; and 
(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 
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Area, under such terms and conditions as the Sec-
retary may prescribe. 
(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 fisheries resources covered by the Con-
vention on the Conservation and Management of 
High Seas Fisheries 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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