[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6452 Enrolled Bill (ENR)]
H.R.6452
One Hundred Fourteenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the fourth day of January, two thousand and sixteen
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,

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This Act may be cited as the ``Ensuring Access to Pacific Fisheries
Act''.
Subtitle A--North Pacific Fisheries Convention Implementation

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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 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, consistent with international law.
(6) Fisheries resources.--
(A) In general.--Except as provided in subparagraph (B),
the term ``fisheries resources'' means all fish, mollusks,
crustaceans, and other marine species caught by a fishing
vessel within the Convention Area, as well as any products
thereof.
(B) Exclusions.--The term ``fisheries 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, paragraph 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
preexisting 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 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.
(11) Person.--The term ``person'' means--
(A) any individual, whether or not a citizen or national of
the United States;
(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
government 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 Convention 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.

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TITLE I

-NORTH PACIFIC FISHERIES

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 appointment
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), 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 Commissioner or
an alternate Commissioner, although an officer of the United States
while so serving, shall receive no compensation for the
individual'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.
(B) Reimbursement.--The Secretary may reimburse the
Secretary of State for amounts expended by the Secretary of
State under this paragraph.
(d) Advisory Committee.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory committee
which shall be composed of 11 members appointed by the
Secretary as follows:
(i) A member engaging in commercial fishing activities
in the management area of the North Pacific Fishery
Management Council.
(ii) A member engaging in commercial fishing activities
in the management area of the Pacific Fishery Management
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 individual 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.
(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 conduct
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 Committee shall,
to the extent practicable, utilize teleconferences and
webinars for that purpose.
(D) Provision of information.--The Secretary and the
Secretary of State shall 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 necessary 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 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.

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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 facilities of
other Federal departments and agencies, foreign governments or
agencies, or international intergovernmental organizations, in the
conduct of scientific research and other programs under this
subtitle.

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(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 necessary 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 implement 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
subtitle;
(2) fishing operations and biological experiments for purposes
of scientific investigation or other purposes necessary to
implement the North Pacific Fisheries Convention;
(3) the collection, utilization, and disclosure of such
information as may be necessary to implement 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 management 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 regulations are promulgated.
(2) Responses.--Notwithstanding any other provision of law, the
Secretary shall file a response to any petition filed in accordance
with paragraph (1), not later than 30 days after the date the
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.

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(a) In General.--The Secretary and the Secretary of the department
in which the Coast Guard is operating--
(1) shall administer and enforce this subtitle and any
regulations issued under this subtitle; and
(2) may request and utilize on a reimbursed or nonreimbursed
basis the assistance, services, 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 incorporated into
and made a part of this subtitle.
(c) Jurisdiction of the Courts.--
(1) In general.--Subject to paragraphs (2) and (3), the
district courts of the United States shall have jurisdiction over
any case or controversy arising under this subtitle, and any such
court may at any time--
(A) enter restraining orders or 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 appropriate
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 Secretary in
compliance with any requirement under this subtitle, and
information submitted under any requirement of this subtitle that
may be necessary to implement the Convention, including information
submitted before the date of the enactment of this Act, shall be
confidential and may not be disclosed, except--
(A) to a Federal employee who is responsible for
administering, implementing, or enforcing this subtitle;
(B) to the Commission, in accordance with requirements in
the North Pacific Fisheries Convention and decisions of the
Commission, and, insofar as possible, in accordance with an
agreement with the Commission that prevents public disclosure
of the identity or business of any person;
(C) to State, Council, or marine fisheries commission
employees pursuant to an 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 authorization
from the person submitting such information to release such
information to another person for a reason not otherwise
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 preserve 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 business of any person.
(3) Rule of construction.--Nothing in this subsection shall be
interpreted or construed to prevent the use for conservation and
management purposes by the Secretary of any information submitted
under this subtitle.

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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 suspension
of, an applicable permit issued pursuant to this subtitle;
(3) to refuse to permit any officer authorized to enforce this
subtitle to board a fishing vessel subject to such person's control
for the purposes of 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
interfere 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
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 contract
to any person to carry out responsibilities under this subtitle;
(10) to engage in fishing activities in violation of any
regulation adopted pursuant to this subtitle;
(11) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports required by regulations
adopted pursuant to this subtitle to be made, kept, or furnished;
(12) to fail to stop a vessel upon being hailed and instructed
to stop by a duly authorized official of the United States;
(13) to import, in violation of any regulation adopted pursuant
to this subtitle, any fisheries resources in any form of those
species subject to regulation pursuant to a recommendation,
resolution, or decision of the Commission, or any fisheries
resources in any form not under regulation but under investigation
by the Commission, during the period such fisheries resources have
been denied entry in accordance with this subtitle;
(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, transported, sold,
offered for sale, purchased, or received in interstate or foreign
commerce; or
(15) to refuse to authorize and accept boarding by a duly
authorized inspector pursuant to procedures adopted by the
Commission for the boarding and inspection of fishing vessels in
the Convention Area.

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(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 Personnel.--Each
Federal agency may, upon the request of the Secretary, cooperate in the
conduct of scientific and other programs and furnish facilities and
personnel for the purpose of assisting the Commission in carrying out
its duties under the North Pacific Fisheries Convention.
(c) Sanctioned Fishing Operations and Biological Experiments.--
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 operations
and biological experiments at any time for purposes of scientific
investigation; or
(2) discharging any other duties prescribed by the North
Pacific Fisheries Convention.
(d) State Jurisdiction Not Affected.--Nothing in this subtitle
shall be construed to diminish or to increase the jurisdiction of any
State in the territorial sea of the United States.

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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.

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Masters of commercial fishing vessels of countries fishing under
the management authority of the North Pacific Fisheries Convention that
do not carry vessel monitoring systems capable of communicating with
United States enforcement authorities shall, prior to or as soon as
reasonably possible after, entering and transiting the exclusive
economic zone bounded by the Convention Area, ensure that all fishing
gear on board the vessel is stowed below deck or otherwise removed from
the place it is normally used for fishing activities and placed where
it is not readily available for fishing activities.

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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

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(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 Regulations and
sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United
States Code.
``(2) Reimbursement.--The Secretary of Commerce may reimburse
the Secretary of State for amounts expended by the Secretary of
State under this subsection.''.
(b) North Pacific Anadromous Fish Commission.--
(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 Alternate United
States Commissioners in carrying out the duties of the Commission
in accordance with the Federal Travel Regulations and sections
5701, 5702, 5704 through 5708, and 5731 of title 5, United States
Code.
``(2) Reimbursement.--The Secretary of Commerce may reimburse
the Secretary for amounts expended by the Secretary under this
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 carrying out their
service as such members in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of
title 5, United States Code.
``(2) Reimbursement.--The Secretary of Commerce may reimburse
the Secretary for amounts expended by the Secretary under this
subparagraph.''.

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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''.
MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC OCEAN

69d995bbbf4c4c5baa2318fce79d868058bc72ad6e7344e7053ff832b38f3cac

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 Management 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.
(4) Council.--The term ``Council'' means the Western Pacific
Regional Fishery Management Council.
(5) Exclusive economic zone.--The term ``exclusive economic
zone'' means--
(A) with respect to the United States, the zone established
by Presidential Proclamation Numbered 5030 of March 10, 1983
(16 U.S.C. 1453 note); and
(B) with respect to a foreign country, a designated zone
similar to the zone referred to in subparagraph (A) for that
country, 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
hovercraft in relation to any activity described in this
subparagraph; and
(B) does not include any operation related to emergencies
involving the health and safety of crew members or the safety
of a fishing vessel.
(8) Fishing vessel.--The term ``fishing vessel'' means any
vessel used or intended to be used for 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 Secretary 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 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.

1a5b1377d3be0b9db928f5c87e98bf62a11b01e47b08245a6aebbac5bcd1f106

TITLE II

-IMPLEMENTATION OF THE CONVENTION ON THE CONSERVATION AND

COMMISSIONERS.
(a) Appointment.--
(1) In general.--The United States shall be represented on the
Commission by not more than 3 Commissioners. In making each
appointment, the President shall select a Commissioner from among
individuals who are knowledgeable or experienced concerning fishery
resources in the South Pacific Ocean.
(2) Representation.--At least 1 of the 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 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).
(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 Commissioner or
an alternate Commissioner, although an officer of the United States
while so serving, shall receive no compensation for the
individual'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.
(B) Reimbursement.--The Secretary may reimburse the
Secretary of State for amounts expended by the Secretary of
State under this paragraph.
(d) Advisory Committee.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory committee
which shall be composed of 7 members appointed by the Secretary
as 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 conduct
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 Committee shall,
to the extent practicable, utilize teleconferences and
webinars for that purpose.
(D) Provision of information.--The Secretary and the
Secretary of State shall 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 administrative and
technical support services as are necessary to function
effectively.
(B) Compensation; status; expenses.--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.

02dec3a34c9cb88c83f999c26c674bbb408d622cdc7f187d6c65338dab0a35e2

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.

2bd4d5ccf64ec0911063b784515d5bdaec080813d2a870dbf6cd0c452dcd31a2

(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.
(c) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this title, the Magnuson-Stevens Fishery
Conservation and 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.

9540c8629d5bccbb320cd79ca4dfef89be1237097c309e3a5518190c9987e8fe

(a) Responsibility.--This title, and any regulations or permits
issued under this title, shall be enforced by the Secretary and the
Secretary of the department in which the Coast Guard is operating. Such
Secretaries shall, and the head of any Federal or State agency that has
entered into an agreement with either such Secretary under this section
may (if the agreement so provides), authorize officers to 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 jurisdiction, powers, and duties as
though sections 308 through 311 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858 through 1861) were
incorporated into and made a part of this title. Any person that
violates this title shall be subject to the penalties, and entitled to
the privileges and immunities, provided in the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same
manner and by the same means as though sections 308 through 311 of that
Act (16 U.S.C. 1858 through 1861) were incorporated into and made a
part of this title.
(c) District Court Jurisdiction.--
(1) In general.--The district courts of the United States shall
have jurisdiction over any actions arising under this section.
(2) Hawaii and pacific insular areas.--Notwithstanding
subsection (b), for the purpose of this section, for Hawaii or any
possession of the United States in the Pacific Ocean, the
appropriate court is the United States District Court for the
District of Hawaii, except that--
(A) in the case of Guam and Wake Island, the appropriate
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.

2d6c9e7d7dd90413a2cd4fef89183a53f2a4b5a96bcb2ee6b426cde87bbcca5c

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
interfere with any such authorized officer in the conduct of any
search, investigation, or inspection in connection with the
enforcement of this title or any regulation 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;
(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 pursuant
to the requirements of this title, or any data collector employed
by the National Oceanic and Atmospheric Administration or under
contract to any person to carry out responsibilities under this
title;
(10) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports as are required by
regulations adopted pursuant to this title to be made, kept, or
furnished;
(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.

a4078cb4c5dc5b204e07119c2a07de3753948ab86021d4492b6cc628240e3aa3

(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 government of any party to
the South Pacific Fishery Resources Convention, in carrying out
responsibilities under this title.
(b) Scientific and Other Programs; Facilities and Personnel.--All
Federal agencies may, upon the request of the Secretary, 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 Experiments.--
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 operations
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.

413eb6b0df3a65d4c1f5f4bb92967ce04b8d15fd85ffbc81d4314b34057191a2

The Secretary of State shall ensure participation in the Commission
and its subsidiary bodies by American Samoa, Guam, and the Commonwealth
of the Northern Mariana Islands to the extent allowed under United
States law.

d7da1a12adca4b75f30dadce0e979440ac25b4a7ab753a549ca0ea570ce3a00e

Masters of commercial fishing vessels of countries fishing under
the management authority of the South Pacific Fisheries Convention that
do not carry vessel monitoring systems capable of communicating 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.

c4536417a0786fc8f4b087fb213ab991a968fc7ab93eaf9bae94db8e19eedf9a

(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 Convention.
(b) International Cooperation and Assistance.--
(1) In general.--Subject to the limits of available
appropriations 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).

813770267634b2dbd39694928749140f2fd3f3e375c5dfc55776c5b80638aca7

AND CENTRAL PACIFIC FISHERIES COMMISSION.
(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
following:
``(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 agreed to by a majority of the
Advisory Committee members. 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 fishermen
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.''.

5f3509bca0987952427788c1725f763a277f596ceb74324a82c15adb203e853a

TITLE III

-WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION

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 by
inserting ``on June 1 of that year'' after ``every 2 years
thereafter,''.
(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''.

4737147da41ed17ffeb825b284939c862a2e6890c275da7bc49f585726248ad5

TITLE IV

-ILLEGAL, UNREGULATED, AND UNREPORTED FISHING

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.).

5b3644e8f9f70e8215d93484ffecae30b4af09f0b96ef5b6bf7421330d871b61

TITLE V

-NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

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''.

38e3a0e37b4f541ed37b96967f0b9911038d7059f4c731eee1737e6e393d7148

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 subsection
(b)''; and
(C) by striking ``the Representatives have'' and inserting
``the Representative has'';
(2) by striking ``VII(1)'' each place it appears and inserting
``VII(10)(b)''; and
(3) in subsection (b)(2), by striking ``VIII(2)'' and inserting
``VII(11)''.

a926310e8d2e2466d77ce788d712c9825ff9ef71130fb8e59094261a2871ff6a

CONVENTION.
Section 204 (16 U.S.C. 5603) is amended by striking ``Fisheries
Commission'' each place it appears and inserting ``Commission
consistent with the procedures detailed in Articles XIV and XV of the
Convention''.

b77c982facacb8c23b0a084a98838884c9b15e20f04d81bb70bbeda4474c9523

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.''.

8e2d752ad63d2e7543a39438c2f7d74f656886637d71e0123abf496da1369ec5

Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended by striking
``fish'' and inserting ``fishery resources''.

d12b873d301cf68a506fb89ddeebe48ad02f3aed4b41e507d2bd02f62f1bd6ed

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.

77e4466d16d397fbed9e620bce42556e9735f90d42e4f5524455cd6673789e83

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
Convention.
``(4) Commissioner.--The term `Commissioner' means a United
States Commissioner to the Northwest Atlantic Fisheries
Organization appointed under section 202.
``(5) Convention.--The term `Convention' means the Convention
on Future Multilateral Cooperation in the Northwest Atlantic
Fisheries, done at Ottawa on October 24, 1978, and as amended on
September 28, 2007.
``(6) Convention area.--The term `Convention Area' means the
waters of the Northwest Atlantic Ocean north of 3500' N and west
of a line extending due north from 3500' N and 4200' W to 5900'
N, thence due west to 4400' W, and thence due north to 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
international 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 support 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 paragraph.
``(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 transshipment 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 (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 Fisheries
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 Secretary 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.''.

292a5366a5fc1a748131a3249c913f289d41c614315fd0162114fd74b05c3ae7

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''.

e5c126b41859eb1066069d6d08b069cfdcda89426af9a78786d19f415e24ccc4

Section 213 (16 U.S.C. 5612) is repealed.

f551adf8cb4db577dfd644debe1619d41c09a4a507532d7d8c759ca5ab2e5867

Section 904 of the Oceans and Human Health Act (33 U.S.C. 3103) is
amended--
(1) in subsection (a), by striking ``(a) In General.--'' and
indenting appropriately; and
(2) by striking subsection (b).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

492774f2f770d24bc8fd420be5bb096df4fb43bbbdd700833dbca838b04c9e46

Ensuring Access to Pacific Fisheries Act

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE V

TITLE VI

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