Ensuring Access to Pacific Fisheries Act
PL 114-327 (H.R.6452), enacted 12/16/2016

130 STAT. 1974 
PUBLIC LAW 114–327—DEC. 16, 2016 
Public Law 114–327 
114th Congress 
An Act 
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. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Ensuring Access to Pacific Fish-
eries Act’’. 
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 established 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 Pacific 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. 
(5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive eco-
nomic zone’’ means— 
(A) with respect to the United States, the zone estab-
lished 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, consistent with international law. 
(6) FISHERIES RESOURCES.— 
16 USC 7701. 
16 USC 7701 
note. 
Ensuring Access 
to Pacific 
Fisheries Act. 
Dec. 16, 2016 
[H.R. 6452] 
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130 STAT. 1975 
PUBLIC LAW 114–327—DEC. 16, 2016 
(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 resources’’ does 
not include— 
(i) sedentary species insofar as they are subject 
to the sovereign rights of coastal nations consistent 
with Article 77, paragraph 4 of the 1982 Convention 
and indicator species of vulnerable marine ecosystems 
as listed in, or adopted pursuant to, Article 13, para-
graph 5 of the North Pacific Fisheries Convention; 
(ii) catadromous species; 
(iii) marine mammals, marine reptiles, or seabirds; 
or 
(iv) other marine species already covered by pre-
existing 
international 
fisheries 
management 
instruments within the area of competence of such 
instruments. 
(7) FISHING ACTIVITIES.— 
(A) IN GENERAL.—The term ‘‘fishing activities’’ means— 
(i) the actual or attempted searching for, catching, 
taking, or harvesting of fisheries resources; 
(ii) engaging in any activity that can reasonably 
be expected to result in the locating, catching, taking, 
or harvesting of fisheries resources for any purpose; 
(iii) the processing of fisheries resources at sea; 
(iv) the transshipment of fisheries resources at 
sea or in port; or 
(v) any operation at sea in direct support of, or 
in preparation for, any activity described in clauses 
(i) through (iv), including transshipment. 
(B) EXCLUSIONS.—The term ‘‘fishing activities’’ 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 purpose of engaging 
in fishing activities, including a processing vessel, a support 
ship, a carrier vessel, or any other vessel directly engaged 
in such fishing activities. 
(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 Fish-
eries 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. 
(11) PERSON.—The term ‘‘person’’ means— 
(A) any individual, whether or not a citizen or national 
of the United States; 
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130 STAT. 1976 
PUBLIC LAW 114–327—DEC. 16, 2016 
(B) any corporation, partnership, association, or other 
entity, whether or not organized or existing under the 
laws of any State; or 
(C) any Federal, State, local, tribal, or foreign govern-
ment or any entity of such government. 
(12) SECRETARY.—Except as otherwise specifically provided, 
the term ‘‘Secretary’’ means the Secretary 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 ‘‘straddling stock’’ 
means a stock of fisheries resources that migrates between, 
or occurs in, the economic exclusion zone of one or more parties 
to the Convention and the Convention Area. 
(15) TRANSSHIPMENT.—The term ‘‘transshipment’’ means 
the unloading of any fisheries resources taken in the Conven-
tion Area from one fishing 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 Commissioners 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 appoint-
ment under clause (i), the President shall select a 
Commissioner from 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 chairman of the North 
Pacific Fishery Management Council or a designee of such 
chairman. 
(C) PACIFIC
FISHERY
MANAGEMENT
COUNCIL.—One 
Commissioner shall be the chairman of the Pacific Fishery 
Management Council or a designee of such chairperson. 
(D) 
WESTERN
PACIFIC
FISHERY
MANAGEMENT 
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), 
Consultation. 
16 USC 7702. 
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130 STAT. 1977 
PUBLIC LAW 114–327—DEC. 16, 2016 
the Secretary of State, in consultation with the Secretary, may 
designate from time to time and for periods of time considered 
appropriate an alternate Commissioner to the Commission. An 
alternate Commissioner may exercise all powers and duties of a 
Commissioner in the absence of a Commissioner appointed under 
subsection (a), and shall serve the remainder of the term of the 
absent Commissioner for which designated. 
(c) ADMINISTRATIVE MATTERS.— 
(1) EMPLOYMENT
STATUS.—An individual serving as a 
Commissioner, or an alternative Commissioner, other than an 
officer or employee of the United States Government, 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. 
(2) COMPENSATION.—An individual serving as a Commis-
sioner or an alternate Commissioner, although an officer of 
the United States while so serving, shall receive no compensa-
tion for the individual’s services as such Commissioner or alter-
nate 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. 
(B) REIMBURSEMENT.—The Secretary may reimburse 
the Secretary of State for amounts expended by the Sec-
retary 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 Council. 
(iii) A member engaging in commercial fishing 
activities in the management area of the Western 
Pacific Fishery Management Council. 
(iv) Three members from the indigenous population 
of the North Pacific, including an Alaska Native, 
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 fisheries 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 Governor of the 
State of Alaska. 
(vii) A member nominated by the Governor of the 
State of Hawaii. 
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130 STAT. 1978 
PUBLIC LAW 114–327—DEC. 16, 2016 
(viii) A member nominated by the Governor of 
the State of Washington. 
(ix) A member nominated by the Governor of the 
State of California. 
(B) TERMS
AND
PRIVILEGES.—Each member of the 
Advisory Committee shall serve for a term of 2 years and 
shall be eligible for reappointment for not more than 3 
consecutive terms. The Commissioners 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, recommendations, and 
regulations of the Commissioners. 
(C) PROCEDURES.— 
(i) IN
GENERAL.—The Advisory Committee shall 
determine its organization and prescribe its practices 
and procedures for carrying out its functions under 
this subtitle, the North Pacific Fisheries Convention, 
and the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.). 
(ii) PUBLIC
AVAILABILITY
OF
PROCEDURES.—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 con-
duct business. 
(iv) PUBLIC MEETINGS.—Meetings of the Advisory 
Committee, except when in executive session, shall 
be open to the public. 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 Committee Act (5 U.S.C. App.). 
(v) COST
SAVINGS.—In order to reduce the cost 
of Advisory Committee meetings, the Advisory Com-
mittee shall, to the extent practicable, utilize telecon-
ferences and webinars for that purpose. 
(D) PROVISION OF INFORMATION.—The Secretary and 
the Secretary of State shall furnish the Advisory Committee 
with relevant information 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 technical support services as are nec-
essary to function effectively. 
(B) COMPENSATION; STATUS.—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. 
(C) TRAVEL EXPENSES.— 
(i) IN GENERAL.—The Secretary of State may pay 
the necessary travel expenses of members of the 
Notifications. 
Publication. 
Determination. 
Notification. 
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130 STAT. 1979 
PUBLIC LAW 114–327—DEC. 16, 2016 
Advisory Committee in carrying out the duties of the 
Advisory 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 SECRETARY OF 
STATE. 
The Secretary of State may— 
(1) receive and transmit, on behalf of the United States, 
reports, requests, recommendations, proposals, decisions, and 
other communications of and to the Commission; 
(2) in consultation with the Secretary, act upon, or refer 
to another appropriate authority, any communication received 
pursuant to paragraph (1); 
(3) with the concurrence of the Secretary, and in accordance 
with the Convention, object to the decisions of the Commission; 
and 
(4) request and utilize on a reimbursed or non-reimbursed 
basis the assistance, services, personnel, equipment, and facili-
ties of other Federal departments and agencies, foreign govern-
ments or agencies, 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 consultation with the 
Secretary of State and, with respect to enforcement measures, 
the Secretary of the department in which the Coast Guard 
is operating, may promulgate such regulations as may be nec-
essary to carry out the United States international obligations 
under the North Pacific Fisheries Convention and this subtitle, 
including recommendations and decisions adopted by the 
Commission. 
(2) 
REGULATIONS
OF
STRADDLING
STOCKS.—In 
the 
implementation of a measure adopted by the Commission that 
would govern a straddling stock under the authority of a 
Council, any regulation promulgated by the Secretary to imple-
ment such measure within the exclusive economic zone shall 
be approved by such Council. 
(b) RULE OF CONSTRUCTION.—Regulations promulgated 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 Pacific 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 sub-
title; 
(2) fishing operations and biological experiments for pur-
poses of scientific investigation or other purposes necessary 
to implement the North Pacific Fisheries Convention; 
Applicability. 
Consultation. 
16 USC 7704. 
Consultation. 
16 USC 7703. 
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130 STAT. 1980 
PUBLIC LAW 114–327—DEC. 16, 2016 
(3) the collection, utilization, and disclosure of such 
information as may be necessary to implement the North Pacific 
Fisheries Convention, subject to sections 552 and 552a of title 
5, United States Code, and section 402(b) of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1881a(b)); 
(4) the issuance of permits to owners and operators of 
United States vessels to engage in fishing activities in the 
Convention Area seaward of the exclusive 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 Commissioners, 
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 recover the actual costs to the United States to carry 
out the functions of the Secretary under this subtitle. 
(d) CONSISTENCY WITH OTHER LAWS.—The Secretary shall 
ensure the consistency, to the extent practicable, of fishery manage-
ment programs administered under this subtitle, the Magnuson- 
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.), 
section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating 
to Pacific albacore tuna), the Western and Central Pacific Fisheries 
Convention Implementation Act (16 U.S.C. 6901 et seq.), the 
National Oceanic and 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 regula-
tions 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 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 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 operating— 
16 USC 7705. 
Deadlines. 
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130 STAT. 1981 
PUBLIC LAW 114–327—DEC. 16, 2016 
(1) shall administer and enforce this subtitle and any regu-
lations issued under this subtitle; and 
(2) may request and utilize on a reimbursed or non-
reimbursed basis the assistance, services, personnel, equipment, 
and facilities of other Federal departments 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 subtitle 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 jurisdiction, 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 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, by the same means, and with the same 
jurisdiction, power, and duties as though sections 308 through 
311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incor-
porated 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 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 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 appro-
priate court is the United States District 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 Sec-
retary in compliance with any requirement under this subtitle, 
and information submitted under any requirement of this sub-
title that may be necessary to implement the Convention, 
including information submitted before the date of the enact-
ment of this Act, shall be confidential and may not be disclosed, 
except— 
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130 STAT. 1982 
PUBLIC LAW 114–327—DEC. 16, 2016 
(A) to a Federal employee who is responsible for admin-
istering, implementing, or enforcing this subtitle; 
(B) to the Commission, in accordance with require-
ments 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 agreement with the Secretary 
that prevents public disclosure of the identity or business 
of any person; 
(D) when required by court order; or 
(E) when the Secretary has obtained written authoriza-
tion from the person submitting such information to release 
such information to another person for a reason not other-
wise provided for in this paragraph, and such release does 
not violate other requirements of this subtitle. 
(2) USE OF INFORMATION.— 
(A) IN GENERAL.—Except as provided in subparagraph 
(B), the Secretary shall promulgate regulations regarding 
the procedures the Secretary considers necessary to pre-
serve the confidentiality of information submitted under 
this subtitle. 
(B) EXCEPTION.—The Secretary may release or make 
public information submitted under this subtitle if the 
information is in any aggregate or summary form that 
does not directly 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 prevent the use for con-
servation and management purposes 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; 
(2) to use any fishing vessel to engage in fishing activities 
without, or after the revocation or during the period of suspen-
sion 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 conducting any search, investigation, 
or inspection in connection with the enforcement of this subtitle 
or any regulation, permit, or the North Pacific Fisheries 
Convention; 
(4) to assault, resist, oppose, impede, intimidate, or inter-
fere with any such authorized officer in the conduct of any 
search, investigation, or inspection in connection with the 
enforcement of this subtitle or any regulation, permit, or the 
North Pacific Fisheries Convention; 
(5) to resist a lawful arrest for any act prohibited by this 
subtitle or any regulation promulgated or permit issued under 
this subtitle; 
(6) to ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of, any fisheries 
16 USC 7706. 
Regulations. 
Procedures. 
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130 STAT. 1983 
PUBLIC LAW 114–327—DEC. 16, 2016 
resources taken or retained in violation of this subtitle or 
any regulation or permit referred to in paragraph (1) or (2); 
(7) to interfere with, delay, or prevent, by any means, 
the apprehension or arrest of another person, knowing that 
such other person has committed any act prohibited by this 
section; 
(8) to submit to the Secretary false information (including 
false information regarding the capacity and extent to which 
a United States fish processor, on an annual basis, will process 
a portion of the optimum 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, intimidate, sexually 
harass, bribe, or interfere with any observer on a vessel under 
this subtitle, or any data collector employed by or under con-
tract to any person to carry out responsibilities under this 
subtitle; 
(10) to engage in fishing activities in violation of any regula-
tion 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; 
(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 pursu-
ant to this subtitle, any fisheries resources in any form of 
those species subject to regulation pursuant to a recommenda-
tion, resolution, or decision of the Commission, or any fisheries 
resources in any form not under regulation but under investiga-
tion by the Commission, during the period such fisheries 
resources have been denied entry in accordance with this sub-
title; 
(14) to make or submit any false record, account, or label 
for, or any false identification of, any fisheries resources that 
have been, or are intended to be imported, exported, trans-
ported, 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 procedures adopted by the 
Commission for the boarding and inspection of fishing vessels 
in the Convention Area. 
SEC. 107. COOPERATION IN CARRYING OUT CONVENTION. 
(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTITUTIONS AND 
ORGANIZATIONS.—The Secretary may cooperate with any Federal 
agency, any public or private institution or organization within 
the United States or abroad, and, through the Secretary of State, 
a duly authorized official of the government of any party to the 
North Pacific Fisheries Convention, in carrying out responsibilities 
under this subtitle. 
(b) SCIENTIFIC
AND OTHER PROGRAMS; FACILITIES
AND PER-
SONNEL.—Each Federal agency may, upon the request of the Sec-
retary, 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. 
16 USC 7707. 
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130 STAT. 1984 
PUBLIC LAW 114–327—DEC. 16, 2016 
(c) SANCTIONED FISHING OPERATIONS AND BIOLOGICAL EXPERI-
MENTS.—Nothing in this subtitle, or in the laws of any State, 
prevents the Secretary or the Commission from— 
(1) conducting or authorizing the conduct of fishing oper-
ations and biological experiments at any time for purposes 
of scientific investigation; or 
(2) discharging any other duties prescribed by the North 
Pacific Fisheries Convention. 
(d) STATE JURISDICTION NOT AFFECTED.—Nothing in this sub-
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 Commonwealth 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 Pacific Fisheries Conven-
tion that do not carry vessel monitoring systems capable of commu-
nicating 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 normally 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 $300,000 
for each of fiscal years 2017 through 2021 to carry out this subtitle 
and to pay the United States contribution 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 ADVISORY BODY.— 
Section 5 of the Act entitled ‘‘An Act to approve the governing 
international fishery agreement between 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 section in carrying out their service 
as such members in accordance with the Federal Travel Regula-
tions 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.’’. 
(b) NORTH PACIFIC ANADROMOUS FISH COMMISSION.— 
16 USC 7710. 
16 USC 7709. 
16 USC 7708. 
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130 STAT. 1985 
PUBLIC LAW 114–327—DEC. 16, 2016 
(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 Commissioners and Alter-
nate United States Commissioners in carrying out the duties 
of the Commission in accordance with the Federal Travel Regu-
lations 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 subparagraph.’’. 
(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. 
‘‘(f) TRAVEL EXPENSES.— 
‘‘(1) IN GENERAL.—The Secretary may pay the necessary 
travel expenses of the members of the Advisory Panel in car-
rying 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 for amounts expended by the Secretary 
under this subparagraph.’’. 
SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZA-
TION ACT OF 1998. 
Section 10 of the National Sea Grant College Program 
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’’. 
TITLE II—IMPLEMENTATION OF THE 
CONVENTION ON THE CONSERVATION 
AND MANAGEMENT OF HIGH SEAS 
FISHERY RESOURCES IN THE SOUTH 
PACIFIC OCEAN 
SEC. 201. DEFINITIONS. 
In this title: 
(1) 1982 CONVENTION.—The term ‘‘1982 Convention’’ 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 Manage-
ment Organization established in accordance 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. 
16 USC 7801. 
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130 STAT. 1986 
PUBLIC LAW 114–327—DEC. 16, 2016 
(4) COUNCIL.—The term ‘‘Council’’ means the Western 
Pacific Regional Fishery Management Council. 
(5) EXCLUSIVE ECONOMIC ZONE.—The term ‘‘exclusive eco-
nomic zone’’ means— 
(A) with respect to the United States, the zone estab-
lished 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, consistent 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. 
(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 fishery resources; 
(ii) engaging in any activity that can reasonably 
be expected to result in the locating, 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 subparagraph; and 
(iv) the use of any vessel, vehicle, aircraft, or hover-
craft in relation to any activity described in this 
subparagraph; and 
(B) does not include any operation related to emer-
gencies 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 fishing, including any 
fish processing vessel support 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, association, 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 Sec-
retary of Commerce. 
(11) SOUTH PACIFIC FISHERY RESOURCES CONVENTION.—The 
term ‘‘South Pacific Fishery Resources Convention’’ means the 
Convention on the Conservation and Management of the High 
Seas Fishery 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 
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130 STAT. 1987 
PUBLIC LAW 114–327—DEC. 16, 2016 
International Consultations on the Proposed South Pacific 
Regional 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 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 Commis-
sioner from among individuals who are knowledgeable or 
experienced concerning fishery resources in the South Pacific 
Ocean. 
(2) REPRESENTATION.—At least 1 of the Commissioners 
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 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 appropriate an alternate Commis-
sioner to the Commission. An alternate Commissioner may exercise 
all powers and duties of a Commissioner in the absence of a 
Commissioner appointed under subsection (a). 
(c) ADMINISTRATIVE MATTERS.— 
(1) EMPLOYMENT
STATUS.—An individual serving as a 
Commissioner, or as an alternate Commissioner, other than 
an officer or employee of the United States Government, 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. 
(2) COMPENSATION.—An individual serving as a Commis-
sioner or an alternate Commissioner, although an officer of 
the United States while so serving, shall receive no compensa-
tion for the individual’s services as such Commissioner or alter-
nate 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. 
(B) REIMBURSEMENT.—The Secretary may reimburse 
the Secretary of State for amounts expended by the Sec-
retary of State under this paragraph. 
(d) ADVISORY COMMITTEE.— 
(1) ESTABLISHMENT OF PERMANENT ADVISORY COMMITTEE.— 
Consultation. 
President. 
16 USC 7802. 
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130 STAT. 1988 
PUBLIC LAW 114–327—DEC. 16, 2016 
(A) MEMBERSHIP.—There is established an advisory 
committee which shall be composed of 7 members appointed 
by the Secretary as follows: 
(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 Native Hawaiian and a 
native-born inhabitant of any State in the Pacific. 
(iii) A member that is a marine fisheries scientist 
and a member of the Council’s Scientific and Statistical 
Committee. 
(iv) A member representing a non-governmental 
organization active in fishery issues in the Pacific. 
(v) A member nominated by the Governor of the 
State of Hawaii. 
(vi) A member designated by the Council. 
(B) TERMS
AND
PRIVILEGES.—Each member of the 
Advisory Committee shall serve for a term of 2 years and 
shall be eligible for reappointment for not more than 3 
consecutive terms. The Commissioners shall notify the 
Advisory 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, investigations, reports, recommendations, and 
regulations of the Commissioners. 
(C) PROCEDURES.— 
(i) IN
GENERAL.—The Advisory Committee 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 Conservation and 
Management Act (16 U.S.C. 1801 et seq.). 
(ii) PUBLIC
AVAILABILITY
OF
PROCEDURES.—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 con-
duct business. 
(iv) PUBLIC MEETINGS.—Meetings of the Advisory 
Committee, except when in executive session, shall 
be open to the public. 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 Committee Act (5 U.S.C. App.). 
(v) COST
SAVINGS.—In order to reduce the cost 
of Advisory Committee meetings, the Advisory Com-
mittee shall, to the extent practicable, utilize telecon-
ferences and webinars for that purpose. 
(D) PROVISION OF INFORMATION.—The Secretary and 
the Secretary of State shall furnish the Advisory Committee 
with relevant information 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 
Notifications. 
Publication. 
Determination. 
Notification. 
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130 STAT. 1989 
PUBLIC LAW 114–327—DEC. 16, 2016 
administrative and technical support services as are nec-
essary to function effectively. 
(B) COMPENSATION; STATUS; EXPENSES.—An individual 
appointed to serve as a member of the Advisory Com-
mittee— 
(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 SECRETARY 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 Resources Convention, object 
to decisions of the Commission. 
SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULEMAKING 
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 jurisdiction of 
the United States, and to owners and operators 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 Commissioners, 
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 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 obligations of the United States under the 
South Pacific Fishery Resources Convention and this title, 
including 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 fishing, and fishery resources covered 
by the Convention on the Conservation and Management of 
High Seas Fishery Resources in the South Pacific Ocean under 
this title. 
Consultation. 
16 USC 7804. 
Consultation. 
16 USC 7803. 
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130 STAT. 1990 
PUBLIC LAW 114–327—DEC. 16, 2016 
(c) CONSISTENCY WITH OTHER LAWS.—The Secretary shall 
ensure the consistency, to the extent practicable, of fishery manage-
ment programs administered under this title, the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.), the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
seq.), the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et seq.), 
section 401 of Public Law 108–219 (16 U.S.C. 1821 note) (relating 
to Pacific albacore tuna), the Western and Central Pacific Fisheries 
Convention Implementation Act (16 U.S.C. 6901 et seq.), the 
National Oceanic and 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). 
(d) JUDICIAL REVIEW OF REGULATIONS.— 
(1) IN GENERAL.—Regulations promulgated by the Secretary 
under this title 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 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 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 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 pro-
vides), authorize officers 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 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 Secretary and 
the Secretary of the department in which 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 jurisdic-
tion, 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 
16 USC 7805. 
Deadlines. 
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130 STAT. 1991 
PUBLIC LAW 114–327—DEC. 16, 2016 
a part of this title. Any person that violates this title shall be 
subject to the penalties, and entitled to the privileges and immuni-
ties, 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.— 
(1) IN GENERAL.—The district courts of the United States 
shall have jurisdiction over any actions arising under this sec-
tion. 
(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— 
(A) in the case of Guam and Wake Island, the appro-
priate court is the United States District 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 as authorized by law. Any offenses 
not committed in any district are subject to the venue provisions 
of section 3238 of title 18, United States Code. 
SEC. 206. PROHIBITED ACTS. 
It is unlawful for any person— 
(1) to violate any provision of this title or of any regulation 
promulgated or permit issued under this title; 
(2) to use any fishing vessel to engage in fishing without 
a valid permit or after the revocation, or during the period 
of suspension, of an applicable permit 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 investigation or 
inspection in connection with the enforcement of this title; 
(4) to assault, resist, oppose, impede, intimidate, or inter-
fere 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 promulgated or 
permit issued under this title; 
(5) to resist a lawful arrest for any act prohibited by this 
title or any regulation promulgated or permit issued under 
this title; 
(6) to ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of, any fishery 
resources taken or retained in violation of this title or any 
regulation or permit referred to in paragraph (1) or (2); 
(7) to interfere with, delay, or prevent, by any means, 
the apprehension or arrest of another person, knowing that 
such other person has committed any act prohibited by this 
title; 
16 USC 7806. 
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130 STAT. 1992 
PUBLIC LAW 114–327—DEC. 16, 2016 
(8) to submit to the Secretary false information, regarding 
any matter 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 pursu-
ant to the requirements of this title, or any data collector 
employed by the National Oceanic and Atmospheric Adminis-
tration or under contract to any person to carry out responsibil-
ities under this title; 
(10) to fail to make, keep, or furnish any catch returns, 
statistical records, or other reports as are required by regula-
tions adopted pursuant to this title to be made, kept, or fur-
nished; 
(11) to fail to stop a vessel upon being hailed and instructed 
to stop by a duly authorized official of the United States; 
(12) to import, in violation of any regulation promulgated 
under this title, any fishery resources in any form of those 
species subject to regulation pursuant to a decision of the 
Commission; 
(13) to make or submit any false record, account, or label 
for, or any false identification of, any fishery 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 
(14) to refuse to authorize and accept boarding by a duly 
authorized inspector pursuant to procedures adopted by the 
Commission for the boarding and inspection of fishing vessels 
in the Convention Area. 
SEC. 207. COOPERATION IN CARRYING OUT THE CONVENTION. 
(a) FEDERAL AND STATE AGENCIES; PRIVATE INSTITUTIONS AND 
ORGANIZATIONS.—The Secretary may cooperate with agencies of 
the United States Government, any public or private institutions 
or organizations within the United States or abroad, and, through 
the Secretary of State, the duly authorized officials of the govern-
ment of any party to the South Pacific Fishery Resources Conven-
tion, in carrying out responsibilities under this title. 
(b) SCIENTIFIC
AND OTHER PROGRAMS; FACILITIES
AND PER-
SONNEL.—All Federal agencies may, upon the request of the Sec-
retary, cooperate in the conduct of scientific and other programs 
and to furnish facilities and personnel for the purpose of assisting 
the Commission in carrying out its duties under the South Pacific 
Fishery Resources Convention. 
(c) SANCTIONED FISHING OPERATIONS AND BIOLOGICAL EXPERI-
MENTS.—Nothing in this title, or in the laws or regulations of 
any State, prevents the Secretary or the Commission from— 
(1) conducting or authorizing the conduct of fishing oper-
ations and biological experiments at any time for purposes 
of scientific investigation; or 
(2) discharging any other duties prescribed by the South 
Pacific Fishery Resources 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. 208. TERRITORIAL PARTICIPATION. 
The Secretary of State shall ensure participation in the 
Commission and its subsidiary bodies by American Samoa, Guam, 
16 USC 7808. 
16 USC 7807. 
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130 STAT. 1993 
PUBLIC LAW 114–327—DEC. 16, 2016 
and the Commonwealth of the Northern Mariana Islands to the 
extent allowed under United States law. 
SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION. 
Masters of commercial fishing vessels of countries fishing under 
the management authority of the South Pacific Fisheries Conven-
tion that do not carry vessel monitoring systems capable of commu-
nicating with United States enforcement authorities shall, before 
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 normally used 
for fishing activities and placed where it is not readily available 
for fishing activities. 
SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 
(a) IN GENERAL.—There is authorized to be appropriated out 
of funds made available to the Secretary and the Secretary of 
State $300,000 for each of fiscal years 2017 through 2021 to carry 
out this title and to pay the United States contribution to the 
Commission under Article 15 of the South Pacific Fisheries Conven-
tion. 
(b) INTERNATIONAL COOPERATION AND ASSISTANCE.— 
(1) IN GENERAL.—Subject to the limits of available appro-
priations and consistent with applicable law, the Secretary 
or the Secretary of State may provide appropriate assistance, 
including grants, to developing nations and international 
organizations of which such nations are members to assist 
those nations in meeting their obligations under the South 
Pacific Fisheries Convention. 
(2) TRANSFER OF FUNDS.—Subject to the limits of available 
appropriations and consistent with other applicable law, the 
Secretary and the Secretary of State are authorized to transfer 
funds to any foreign government and any international, non- 
governmental, or international organization, including the 
Commission, for purposes of carrying out the international 
responsibilities under paragraph (1). 
TITLE III—WESTERN AND CENTRAL 
PACIFIC FISHERIES COMMISSION 
SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL MEETINGS 
OF WESTERN AND CENTRAL PACIFIC FISHERIES COMMIS-
SION. 
(a) IN GENERAL.—The Western and Central Pacific Fisheries 
Convention Implementation Act is amended— 
(1) in section 503 (16 U.S.C. 6902)— 
(A) in subsection (a), by inserting ‘‘and commercial 
fishing’’ after ‘‘fish stocks’’; and 
(B) in subsection (d)(1), by adding at the end the fol-
lowing: 
‘‘(E) AGENDA
RECOMMENDATIONS.—No later than 30 
days before each annual meeting of the Commission, the 
Advisory Committee shall transmit to the United States 
Commissioners recommendations relating to the agenda 
of the annual meeting. The recommendations must be 
Deadline. 
16 USC 7810. 
16 USC 7809. 
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130 STAT. 1994 
PUBLIC LAW 114–327—DEC. 16, 2016 
agreed to by a majority of the Advisory Committee mem-
bers. The United States Commissioners shall consider such 
recommendations, along with additional views transmitted 
by Advisory Committee members, in the formulation of 
the United States position for the Commission meeting 
and during the negotiations at that meeting.’’; and 
(2) by redesignating section 511 (16 U.S.C. 6910) as section 
512, and inserting after section 510 the following: 
‘‘SEC. 511. UNITED STATES CONSERVATION, MANAGEMENT, AND 
ENFORCEMENT OBJECTIVES. 
‘‘The Secretary, in consultation with the Secretary of State, 
in the course of negotiations, shall seek— 
‘‘(1) to minimize any disadvantage to United States fisher-
men in relation to other members of the Commission; 
‘‘(2) to maximize the opportunities for fishing vessels of 
the United States to harvest fish stocks on the high seas 
in the Convention area, recognizing that such harvests may 
be restricted if the Commission, based on the best available 
scientific information provided by the Scientific Committee, 
determines it is necessary to achieve the conservation objective 
set forth in Article 2 of the Convention; 
‘‘(3) to prevent any requirement for the transfer to other 
nations or foreign entities of the fishing capacity, fishing 
capacity rights, or fishing vessels of the United States or its 
territories, unless any such requirement is voluntary and 
market-based; and 
‘‘(4) to ensure that conservation and management measures 
take into consideration traditional fishing patterns of fishing 
vessels of the United States and the operating requirements 
of the fisheries covered by the Western and Central Pacific 
Convention.’’. 
(b) CONFORMING AMENDMENT.—Section 1(b) of the Magnuson- 
Stevens Fishery Conservation and Management Reauthorization 
Act of 2006 is amended in the table of contents by striking the 
item relating to section 511 (121 Stat. 3576) and inserting the 
following: 
‘‘Sec. 511. United States conservation, management, and enforcement objectives. 
‘‘Sec. 512. Authorization of appropriations.’’. 
TITLE IV—ILLEGAL, UNREGULATED, 
AND UNREPORTED FISHING 
SEC. 401. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORA-
TORIUM PROTECTION ACT. 
(a) APPLICATION
OF ACT.—Section 606(b) of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g(b)) 
is amended— 
(1) in paragraph (7), by striking ‘‘and’’ at the end; 
(2) in paragraph (8), by striking the period at the end 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(9) the Ensuring Access to Pacific Fisheries Act.’’. 
(b) BIENNIAL REPORTS.—Section 607 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826h) is amended 
Determination. 
Consultation. 
Negotiations. 
16 USC 6909a. 
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130 STAT. 1995 
PUBLIC LAW 114–327—DEC. 16, 2016 
by inserting ‘‘on June 1 of that year’’ after ‘‘every 2 years there-
after,’’. 
(c) IDENTIFICATION OF VESSELS.—Section 609(a) of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826j(a)) is amended by striking ‘‘fishing vessels of that nation 
are engaged, or have’’ and inserting ‘‘any fishing vessel of that 
nation is engaged, or has’’. 
(d) IDENTIFICATION OF NATIONS.—Section 610(a)(2)(A) of the 
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826k) is amended by striking ‘‘calendar year’’ and inserting ‘‘3 
years’’. 
TITLE V—NORTHWEST ATLANTIC FISH-
ERIES 
CONVENTION 
AMENDMENTS 
ACT 
SEC. 501. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC 
FISHERIES CONVENTION ACT OF 1995. 
(a) SHORT TITLE.—This title may be cited as the ‘‘Northwest 
Atlantic Fisheries Convention Amendments Act’’. 
(b) REFERENCES
TO
THE
NORTHWEST
ATLANTIC
FISHERIES 
CONVENTION ACT OF 1995.—Except as otherwise expressly provided, 
whenever in this title an amendment or repeal is expressed in 
terms of an amendment to, or repeal of, a section or other provision, 
the reference shall be considered to be made to a section or other 
provision of the Northwest Atlantic Fisheries Convention Act of 
1995 (16 U.S.C. 5601 et seq.). 
SEC. 502. REPRESENTATION OF THE UNITED STATES UNDER CONVEN-
TION. 
Section 202 (16 U.S.C. 5601) is amended— 
(1) in subsection (a)(1), by striking ‘‘General Council and 
the Fisheries’’; 
(2) in subsection (b)(1), by striking ‘‘at a meeting of the 
General Council or the Fisheries Commission’’; 
(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 meeting of the 
Scientific Council’’; 
(5) in subsection (d)(2), by striking ‘‘, at any meeting of 
the Scientific Council for which the Alternate Representative 
is designated’’; and 
(6) in subsection (f)(1)(A), by striking ‘‘Magnuson 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 paragraph (1) or (2) of sub-
section (b)’’; and 
16 USC 5601 
note. 
Northwest 
Atlantic 
Fisheries 
Convention 
Amendments 
Act. 
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130 STAT. 1996 
PUBLIC LAW 114–327—DEC. 16, 2016 
(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 
(3) in subsection (b)(2), by striking ‘‘VIII(2)’’ and inserting 
‘‘VII(11)’’. 
SEC. 504. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
CONVENTION. 
Section 204 (16 U.S.C. 5603) is amended by striking ‘‘Fisheries 
Commission’’ each place it appears and inserting ‘‘Commission con-
sistent with the procedures detailed in Articles XIV and XV of 
the Convention’’. 
SEC. 505. INTERAGENCY COOPERATION. 
Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows: 
‘‘(a) AUTHORITIES
OF
THE SECRETARY.—In carrying out the 
provisions of the Convention and this title, the Secretary may 
arrange for cooperation with— 
‘‘(1) any department, agency, or instrumentality of the 
United States; 
‘‘(2) a State; 
‘‘(3) a Council; or 
‘‘(4) a private institution or an organization.’’. 
SEC. 506. PROHIBITED ACTS AND PENALTIES. 
Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended by striking 
‘‘fish’’ and inserting ‘‘fishery resources’’. 
SEC. 507. CONSULTATIVE COMMITTEE. 
Section 208 (16 U.S.C. 5607) is amended— 
(1) in subsection (b)(2), by striking ‘‘two’’ and inserting 
‘‘2’’; and 
(2) in subsection (c), by striking ‘‘General Council or the 
Fisheries’’ each place it appears. 
SEC. 508. DEFINITIONS. 
Section 210 (16 U.S.C. 5609) is amended to read as follows: 
‘‘SEC. 210. DEFINITIONS. 
‘‘In this title: 
‘‘(1) 1982 CONVENTION.—The term ‘1982 Convention’ 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 Conven-
tion. 
‘‘(4) COMMISSIONER.—The term ‘Commissioner’ means a 
United States Commissioner to the Northwest Atlantic Fish-
eries Organization appointed under section 202. 
‘‘(5) CONVENTION.—The term ‘Convention’ means the 
Convention on Future Multilateral Cooperation in the North-
west Atlantic Fisheries, done at Ottawa on October 24, 1978, 
and as amended on September 28, 2007. 
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130 STAT. 1997 
PUBLIC LAW 114–327—DEC. 16, 2016 
‘‘(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 the coast of Greenland, and the waters of the 
Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 
78°10′ N. 
‘‘(7) COUNCIL.—The term ‘Council’ means the New England 
Fishery Management Council or the Mid-Atlantic Fishery 
Management Council. 
‘‘(8) FISHERY RESOURCES.— 
‘‘(A) IN GENERAL.—The term ‘fishery resources’ means 
all fish, mollusks, and crustaceans, including any products 
thereof, within the Convention Area. 
‘‘(B) EXCLUSIONS.—The term ‘fishery resources’ does 
not include— 
‘‘(i) sedentary species over which coastal States 
may exercise sovereign rights consistent with Article 
77 of the 1982 Convention; or 
‘‘(ii) insofar as they are managed under other inter-
national treaties, anadromous and catadromous stocks 
and highly migratory species listed in Annex I of the 
1982 Convention. 
‘‘(9) FISHING ACTIVITIES.— 
‘‘(A) IN GENERAL.—The term ‘fishing activities’ means 
harvesting or processing fishery resources, or transhipping 
of fishery resources or products derived from fishery 
resources, or any other activity in preparation for, in sup-
port of, or related to the harvesting of fishery resources. 
‘‘(B) 
INCLUSIONS.—The 
term 
‘fishing 
activities’ 
includes— 
‘‘(i) the actual or attempted searching for or 
catching or taking of fishery resources; 
‘‘(ii) any activity that can reasonably be expected 
to result in locating, catching, taking, or harvesting 
of fishery resources for any purpose; and 
‘‘(iii) any operation at sea in support of, or in 
preparation for, any activity described in this para-
graph. 
‘‘(C) EXCLUSIONS.—The term ‘fishing activities’ does 
not include any operation related to emergencies involving 
the health and safety of crew members or the safety of 
a vessel. 
‘‘(10) FISHING VESSEL.— 
‘‘(A) IN GENERAL.—The term ‘fishing vessel’ means a 
vessel that is or has been engaged in fishing activities. 
‘‘(B) INCLUSIONS.—The term ‘fishing vessel’ includes 
a fish processing vessel or a vessel engaged in trans-
shipment or any other activity in preparation for or related 
to fishing activities, or in experimental or exploratory 
fishing activities. 
‘‘(11) ORGANIZATION.—The term ‘Organization’ means the 
Northwest Atlantic Fisheries Organization provided for by 
Article V of the Convention. 
‘‘(12) PERSON.—The term ‘person’ means any individual 
(whether or not a citizen or national of the United States), 
and any corporation, partnership, association, or other entity 
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130 STAT. 1998 
PUBLIC LAW 114–327—DEC. 16, 2016 
(whether or not organized or existing under the laws of any 
State). 
‘‘(13) REPRESENTATIVE.—The term ‘Representative’ means 
a United States Representative to the Northwest Atlantic Fish-
eries Scientific Council appointed under section 202. 
‘‘(14) SCIENTIFIC COUNCIL.—The term ‘Scientific Council’ 
means the Scientific Council provided for by Articles V, VI, 
and VII of the Convention. 
‘‘(15) SECRETARY.—The term ‘Secretary’ means the Sec-
retary of Commerce. 
‘‘(16) STATE.—The term ‘State’ means each of the several 
States of the United States, the District of Columbia, and 
any other commonwealth, territory, or possession of the United 
States. 
‘‘(17) TRANSSHIPMENT.—The term ‘transshipment’ means 
the unloading of all or any of the fishery resources on board 
a fishing vessel to another fishing vessel either at sea or in 
port.’’. 
SEC. 509. AUTHORIZATION OF APPROPRIATIONS. 
Section 211 (16 U.S.C. 5610) is amended— 
(1) by striking ‘‘including use for payment as the United 
States contribution to the Organization as provided in Article 
XVI of the Convention’’ and inserting ‘‘including to pay the 
United States contribution to the Organization as provided 
in Article IX of the Convention’’; and 
(2) by striking ‘‘2012’’ and inserting ‘‘2021’’. 
SEC. 510. QUOTA ALLOCATION PRACTICE. 
Section 213 (16 U.S.C. 5612) is repealed. 
TITLE VI—MISCELLANEOUS 
SEC. 601. REPEAL OF NOAA OCEANS AND HUMAN HEALTH INITIATIVE 
REPORT. 
Section 904 of the Oceans and Human Health Act (33 U.S.C. 
3103) is amended— 
Repeal. 
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130 STAT. 1999 
PUBLIC LAW 114–327—DEC. 16, 2016 
LEGISLATIVE HISTORY—H.R. 6452: 
CONGRESSIONAL RECORD, Vol. 162 (2016): 
Dec. 8, considered and passed House. 
Dec. 9, considered and passed Senate. 
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016): 
Dec. 16, Presidential statement. 
(1) in subsection (a), by striking ‘‘(a) IN GENERAL.—’’ and 
indenting appropriately; and 
(2) by striking subsection (b). 
Approved December 16, 2016 
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