[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2484 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2484
To implement the Convention on the Conservation and Management of the
High Seas Fishery Resources in the South Pacific Ocean, as adopted at
Auckland on November 14, 2009, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 2014
Mr. Schatz introduced the following bill; which was read twice and
referred to the Committee on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To implement the Convention on the Conservation and Management of the
High Seas Fishery Resources in the South Pacific Ocean, as adopted at
Auckland on November 14, 2009, 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 ``South Pacific Fisheries Convention
Implementation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section 3.
(2) Commission.--The term ``Commission'' means the South
Pacific Fisheries Commission established pursuant to the South
Pacific Fisheries Convention.
(3) Commissioner.--The term ``Commissioner'' means a U.S.
Commissioner appointed under section 3.
(4) Convention area.--The term ``Convention Area'' means--
(A) the waters of the Pacific Ocean beyond areas of
national jurisdiction and in accordance with
international law jurisdiction, bounded by the 10
parallel of north latitude and the 20 parallel of
south latitude and by the 135 meridian of east
longitude and the 150 meridian of west longitude; and
(B) the waters of the Pacific Ocean beyond areas of
national jurisdiction and in accordance with
international law jurisdiction--
(i) east of a line extending south along
the 120 meridian of east longitude from the
outer limit of the national jurisdiction of
Australia off the south coast of Western
Australia to the intersection with the 55
parallel of south latitude; then due east along
the 55 parallel of south latitude to the
intersection with the 150 meridian of east
longitude; then due south along the 150
meridian of east longitude to the intersection
with the 60 parallel of south latitude;
(ii) north of a line extending east along
the 60 parallel of south latitude from the
150 meridian of east longitude to the
intersection with the 67 16' meridian of west
longitude;
(iii) west of a line extending north along
the 67 16' meridian of west longitude from the
60 parallel of south latitude to its
intersection with the outer limit of the
national jurisdiction of Chile; then along the
outer limits of the national jurisdictions of
Chile, Peru, Ecuador and Colombia to the
intersection with the 2 parallel of north
latitude; and
(iv) south of a line extending west along
the 2 parallel of north latitude (but not
including the national jurisdiction of Ecuador
(Galapagos Islands)) to the intersection with
the 150 meridian of west longitude; then due
north along the 150 meridian of west longitude
to its intersection with 10 parallel of north
latitude; then west along the 10 parallel of
north latitude to its intersection with the
outer limits of the national jurisdiction of
the Marshall Islands; and then generally south
and around the outer limits of the national
jurisdictions of Pacific States and
territories, New Zealand and Australia until it
connects to the commencement of the line
described in clause (i).
(5) Council.--The term ``Council'' means the Western
Pacific Regional Fishery Management Council.
(6) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
Numbered 5030 of March 10, 1983.
(7) Fishery resources.--
(A) In general.--The term ``fishery resources''
means all fish within the Convention Area.
(B) Inclusions.--The term ``fishery resources''
includes mollusks, crustaceans, and other living marine
resources as may be decided by the Commission.
(C) Exclusions.--The term ``fishery resources''
does not include--
(i) sedentary species in so far as they are
subject to the national jurisdiction of coastal
States pursuant to Article 77 paragraph 4 of
the 1982 Convention;
(ii) highly migratory species listed in
Annex I of the 1982 Convention;
(iii) anadromous species;
(iv) catadromous species;
(v) marine mammals;
(vi) marine reptiles; or
(vii) sea birds.
(8) Fishing.--
(A) In general.--The term ``fishing'' 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 direct 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 clauses (i) through
(iii).
(B) Exclusions.--The term ``fishing'' 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.
(9) Fishing vessel.--The term ``fishing vessel'' means any
vessel used or intended for use for the purpose of fishing,
including a support ship, a carrier vessel, or any other vessel
directly involved in such fishing operations.
(10) Panel.--The term ``Panel'' means the Western Pacific
Regional Fishery Management Council's Advisory Panel.
(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; and
(C) any Federal, State, local, tribal, or foreign
government or any entity of such government.
(12) Secretary.--The term ``Secretary'' means the Secretary
of Commerce.
(13) South pacific fisheries convention.--The term ``South
Pacific Fisheries 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 on November
14, 2009.
(14) State.--The term ``State'' means each of the several
States of the United States, the District of Columbia, American
Samoa, Guam, and any other commonwealth, territory, or
possession of the United States.
(15) Transshipment.--The term ``transshipment'' means the
unloading of all or any of the fishery resources or fishery
resource products derived from fishing in the Convention Area
on board a 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. 3. APPOINTMENT OF UNITED STATES COMMISSIONER.
(a) Appointment.--The United States shall be represented on the
Commission by 1 U.S. Commissioner. The President shall appoint an
individual to serve on the Commission at the pleasure of the President.
In making an appointment, the President shall select an individual who
is knowledgeable or experienced concerning fishery resources in the
South Pacific Ocean.
(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, for whatever reason, 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 U.S. 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--
(i) not less than 15 nor more than 20
individuals appointed by the Secretary in
consultation with the Commissioner, who shall
select such individuals from the various groups
concerned with the fishery resources covered by
the South Pacific Fisheries Convention,
providing, to the maximum extent practicable,
an equitable balance among such groups; and
(ii) the chairperson of the Panel or the
chairperson's designee.
(B) Terms and privileges.--Each member of the
Advisory Committee shall serve for a term of 2 years
and shall be eligible for reappointment. The
Commissioner shall notify in advance the Advisory
Committee of each meeting of the Commission. The
Advisory Committee may attend each meeting and may
examine and be heard on all proposed programs of
investigation, reports, recommendations, and
regulations of the Commission.
(C) Procedures.--The Advisory Committee shall
determine its organization and prescribe its practices
and procedures for carrying out its functions under
this Act, the South Pacific Fisheries Convention, and
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). The Advisory
Committee shall publish and make available to the
public a statement of its organization, practices, and
procedures. A majority of the members of the Advisory
Committee shall constitute a quorum to conduct
business. 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.).
(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, but while away
from the individual's home or regular place of
business in the performance of services for the
Advisory Committee shall be allowed travel
expenses, including per diem in lieu of
subsistence, in the same manner as a person
employed intermittently in the Government
service is allowed expenses under section 5703
of title 5, United States Code; 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.
(e) Memorandum of Understanding.--For fishery resources in the
Convention Area, the Secretary, in coordination with the Secretary of
State, shall develop a memorandum of understanding with the Council,
that clarifies the role of the Council with respect to--
(1) participation in U.S. delegations to international
fishery organizations in the Pacific Ocean, including
government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign vessels fishing for fishery resources;
(3) coordinating positions with the U.S. delegation for
presentation to the appropriate international fishery
organization; and
(4) recommending those domestic fishing regulations that
are consistent with the actions of the international fishery
organization, for approval and implementation under the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1801 et seq.).
SEC. 4. 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, approve,
disapprove, object to, or withdraw objections to bylaws and
rules, or amendments thereof, adopted by the Commission;
(3) with the concurrence of the Secretary, approve or
disapprove the general annual program of the Commission with
respect to conservation and management measures and other
measures proposed or adopted in accordance with the South
Pacific Fisheries Convention; and
(4) act upon, or refer to other appropriate authority, any
communication under paragraph (1).
SEC. 5. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE.
(a) Promulgation of Regulations.--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,
is authorized to promulgate such regulations as may be necessary to
carry out U.S. international obligations under the South Pacific
Fisheries Convention and this Act, including recommendations and
decisions adopted by the Commission. If the Secretary has discretion in
the implementation of 1 or more measures adopted by the Commission that
would govern fishery resources under the authority of the Council, the
Secretary may promulgate, to the extent practicable within the
implementation schedule of the South Pacific Fisheries Convention and
any recommendations and decisions adopted by the Commission, such
regulations in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(b) Judicial Review of Regulations.--
(1) In general.--Regulations promulgated by the Secretary
under this Act 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. 6. ENFORCEMENT.
(a) In General.--The Secretary and the Secretary of the department
in which the Coast Guard is operating--
(1) shall administer and enforce this Act and any
regulations issued under this Act, except to the extent
otherwise provided for in the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); 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 Act.
(b) Additional Authority.--The Secretary may conduct, and 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--
(1) scientific, research, and other programs under this
Act;
(2) fishing operations and biological experiments for
purposes of scientific investigation or other purposes
necessary to implement the South Pacific Fisheries Convention;
(3) the collection, utilization, and disclosure of such
information as may be necessary to implement the South 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) if recommended by the Commissioner or proposed by the
Council, the assessment and collection of fees, not to exceed 3
percent of the ex-vessel value of fish harvested by vessels of
the United States from fishery resources managed under this
Act, to recover the actual costs to the United States of
management and enforcement under this Act, which shall be
deposited as an offsetting collection in, and credited to, the
account providing appropriations to carry out the functions of
the Secretary under this Act; and
(5) the issuance of permits to owners and operators of U.S.
vessels to fish in the Convention Area seaward of the U.S.
exclusive economic zone, under such terms and conditions as the
Secretary may prescribe, including the period of time that a
permit is valid.
(c) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this Act, 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 Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.), and the Western and Central
Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et
seq.).
(d) Secretarial Actions.--Except as provided under subsection (e),
the Secretary and the Secretary of the department in which the Coast
Guard is operating shall prevent any person from violating this Act 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, 1861) were incorporated into and made a part of this Act. Any
person that violates any provision of this Act 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, 1861) were incorporated into and
made a part of this Act.
(e) Jurisdiction of the Courts.--
(1) In general.--Subject to paragraphs (2) and (3), the
district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the
provisions of this Act, 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 shall be 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.
(f) Confidentiality.--
(1) In general.--Any information submitted to the Secretary
in compliance with any requirement under this Act shall be
confidential and may not be disclosed, except--
(A) to a Federal employee who is responsible for
administering, implementing, and enforcing this Act;
(B) to the Commission, in accordance with
requirements in the South 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 a State or Marine Fisheries Commission
employee pursuant to an agreement with the Secretary
that prevents public disclosure of the identity of any
business or individual;
(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 Act.
(2) Use of information.--
(A) In general.--Except as provided under
subparagraph (B), the Secretary shall promulgate
regulations regarding the procedures the Secretary
considers necessary to preserve the confidentiality of
information under this Act.
(B) Exception.--The Secretary may release or make
public information submitted under this Act 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 Act.
SEC. 7. PROHIBITED ACTS.
(a) In General.--It is unlawful for any person--
(1) to violate any provision of this Act or any regulation
or permit issued pursuant to this Act;
(2) to use any fishing vessel to engage in fishing after
the revocation, or during the period of suspension, on an
applicable permit issued under this Act;
(3) to refuse to permit any officer authorized to enforce
the provisions of this Act 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 Act or the South Pacific Fisheries
Convention;
(4) to forcibly 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 Act or the South
Pacific Fisheries Convention;
(5) to resist a lawful arrest for any act prohibited by
this Act;
(6) to knowingly and willfully ship, transport, offer for
sale, sell, purchase, import, export, or have custody, control,
or possession of, any fishery resource taken or retained in
violation of this Act or any regulation, permit, or agreement
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 knowingly and willfully 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 Act;
(9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel under this Act, or any data collector
employed by or under contract to any person to carry out
responsibilities under this Act;
(10) to engage in fishing in violation of any regulation
adopted pursuant to this Act;
(11) to knowingly and willfully ship, transport, purchase,
sell, offer for sale, import, export, or have in custody,
possession, or control any fishery resource taken or retained
in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports required to be made,
kept, or furnished under this Act;
(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States; or
(14) to import, in violation of any regulation adopted
pursuant to this Act, any fishery resource in any form of those
species subject to regulation pursuant to a recommendation,
resolution, or decision of the Commission, or any fishery
resource in any form not under regulation but under
investigation by the Commission, during the period the fishery
resource has been denied entry in accordance with the
provisions of this Act.
(b) Entry Certification.--In the case of any fishery resource
described in subsection (a) offered for entry into the United States,
the Secretary shall require proof satisfactory to the Secretary that
the fishery resource is not ineligible for such entry under the terms
of this Act.
SEC. 8. 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 South Pacific
Fisheries Convention, in carrying out responsibilities under this Act.
(b) Scientific and Other Programs; Facilities and Personnel.--Each
Federal agency is authorized, upon the request of the Secretary, to
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 Fisheries
Convention.
(c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this Act, 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 South
Pacific Fisheries Convention.
(d) State Jurisdiction Not Affected.--Except as provided in
subsection (e), nothing in this Act shall be construed to diminish or
to increase the jurisdiction of any State in the territorial sea of the
United States.
(e) Application of Regulations.--
(1) In general.--Regulations promulgated under this Act
shall apply within the boundaries of any State bordering on the
Convention Area if--
(A) the Secretary has provided notice to the State;
(B) the State does not request a formal agency
hearing; and
(C) the Secretary determines that the State--
(i) has not, within a reasonable period of
time after the promulgation of regulations
under this Act, enacted laws that implement the
recommendations of the Commission within the
boundaries of the State; or
(ii) has enacted laws that implement the
recommendations of the Commission within the
boundaries of the State that--
(I) are less restrictive than the
regulations promulgated under this Act;
or
(II) are not effectively enforced.
(2) Determination by secretary.--The regulations
promulgated under this Act shall apply until the Secretary
determines that the State is effectively enforcing within that
State's boundaries measures that are as or more restrictive
than the regulations promulgated under this Act.
(3) Formal agency hearing.--If a State requests a formal
agency hearing, the Secretary shall not apply the regulations
promulgated under this Act within that State's boundaries
unless the hearing record supports a determination under clause
(i) or (ii) of paragraph (1)(C).
(f) Review of State Laws and Regulations.--To ensure that the
purposes of subsection (e) are carried out, the Secretary shall
undertake a continuing review of the laws of each State to which
subsection (e) applies or may apply and the extent to which such laws
and regulations are enforced.
SEC. 9. TERRITORIAL PARTICIPATION.
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 same extent provided to the
territories of other nations.
SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of nations fishing under the
management authority of the South Pacific Fisheries Convention that do
not carry vessel monitoring systems capable of communicating with U.S.
enforcement authorities shall, prior to, or as soon as reasonably
possible after, entering and transiting the exclusive economic zone
seaward of the Convention Area--
(1) notify the U.S. Coast Guard of the name, flag state,
location, route, and destination of the vessel and of the
circumstances under which it will enter U.S. waters;
(2) 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 and placed where it is not readily
available for fishing; and
(3) if requested by an enforcement officer, proceed to a
specified location so that a vessel inspection can be
conducted.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Secretary of
Commerce such sums as may be necessary to carry out this Act and to pay
the United States contribution to the Commission under Article 15 of
the South Pacific Fisheries Convention.
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