[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4576 Reported in House (RH)]
<DOC>
Union Calendar No. 557
114th CONGRESS
2d Session
H. R. 4576
[Report No. 114-718]
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2016
Mrs. Radewagen (for herself and Mr. Young of Alaska) introduced the
following bill; which was referred to the Committee on Natural
Resources
September 6, 2016
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 12, 2016]
_______________________________________________________________________
A BILL
To implement the Convention on the Conservation and Management of High
Seas Fisheries Resources in the North Pacific Ocean, to implement the
Convention on the Conservation and Management of High Seas Fishery
Resources in the South Pacific Ocean, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Ensuring Access to Pacific Fisheries
Act''.
TITLE I--NORTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION
SEC. 101. DEFINITIONS.
In this title:
(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.
SEC. 102. UNITED STATES PARTICIPATION IN THE NORTH PACIFIC FISHERIES
CONVENTION.
(a) United States Commissioners.--
(1) Number of commissioners.--The United States shall be
represented on the Commission by 5 United States Commissioners.
(2) Selection of commissioners.--The Commissioners shall be
as follows:
(A) Appointment by the president.--
(i) In general.--Two of the 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.
SEC. 103. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.
The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary, act upon, or refer
to another appropriate authority, any communication received
pursuant to paragraph (1);
(3) with the concurrence of the Secretary, and in
accordance with the Convention, object to the decisions of the
Commission; and
(4) request and utilize on a reimbursed or non-reimbursed
basis the assistance, services, personnel, equipment, and
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 title.
SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE.
(a) Promulgation of Regulations.--
(1) Authority.--The Secretary, in consultation with the
Secretary of State and, with respect to enforcement measures,
the Secretary of the department in which the Coast Guard is
operating, may promulgate such regulations as may be necessary
to carry out the United States international obligations under
the North Pacific Fisheries Convention and this title,
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 title.
(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
title;
(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 title.
(d) 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).
(e) 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.
(2) Responses.--Notwithstanding any other provision of law,
the Secretary shall file a response to any petition filed in
accordance with paragraph (1), not later than 30 days after the
date the Secretary is served with that petition, except that
the appropriate court may extend the period for filing such a
response upon a showing by the Secretary of good cause for that
extension.
(3) Copies of administrative record.--A response of the
Secretary under paragraph (2) shall include a copy of the
administrative record for the regulations that are the subject
of the petition.
(4) Expedited hearings.--Upon a motion by the person who
files a petition under this subsection, the appropriate court
shall assign the matter for hearing at the earliest possible
date.
SEC. 105. ENFORCEMENT.
(a) In General.--The Secretary and the Secretary of the department
in which the Coast Guard is operating--
(1) shall administer and enforce this title and any
regulations issued under this title; 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 title.
(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 title 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 title. Any
person that violates this title 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 title.
(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 title, 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 title, and
information submitted under any requirement of this title 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 title;
(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 title.
(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 title.
(B) Exception.--The Secretary may release or make
public information submitted under this title 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 title.
SEC. 106. PROHIBITED ACTS.
It is unlawful for any person--
(1) to violate this title or any regulation or permit
issued under this title;
(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 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 search,
investigation, or inspection in connection with the enforcement
of this title 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 title or any regulation, permit, or the
North Pacific Fisheries Convention;
(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
fisheries 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 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 title;
(9) to assault, resist, oppose, impede, intimidate,
sexually harass, bribe, or interfere with any observer on a
vessel under this title, or any data collector employed by or
under contract to any person to carry out responsibilities
under this title;
(10) to engage in fishing activities in violation of any
regulation adopted pursuant to this title;
(11) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports required by regulations
adopted pursuant to this title 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 title, 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 title;
(14) to make or submit any false record, account, or label
for, or any false identification of, any fisheries resources
that have been, or are intended to be imported, exported,
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.
SEC. 107. COOPERATION IN CARRYING OUT CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary may cooperate with any Federal agency,
any public or private institution or organization within the United
States or abroad, and, through the Secretary of State, a duly
authorized official of the government of any party to the North Pacific
Fisheries Convention, in carrying out responsibilities under this
title.
(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 title, 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 title shall
be construed to diminish or to increase the jurisdiction of any State
in the territorial sea of the United States.
SEC. 108. TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the Commission
and its subsidiary bodies by the Commonwealth of the Northern Mariana
Islands, American Samoa, and Guam to the extent allowed under United
States law.
SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of countries fishing under
the management authority of the North Pacific Fisheries 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.
TITLE II--IMPLEMENTATION OF THE CONVENTION ON THE CONSERVATION AND
MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC OCEAN
SEC. 201. DEFINITIONS.
In this title:
(1) 1982 convention.--The term ``1982 Convention'' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
(2) Commission.--The term ``Commission'' means the
Commission of the South Pacific Regional Fisheries 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.
SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED STATES COMMISSIONERS.
(a) Appointment.--
(1) In general.--The United States shall be represented on
the Commission by not more than 3 Commissioners. In making each
appointment, the President shall select a Commissioner from
among individuals who are knowledgeable or experienced
concerning fishery resources in the South Pacific Ocean.
(2) Representation.--At least one of the Commissioners
shall be--
(A) serving at the pleasure of the 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.
SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.
The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary, act upon, or refer
to other appropriate authority, any communication pursuant to
paragraph (1); and
(3) with the concurrence of the Secretary, and in
accordance with the South Pacific Fishery Resources Convention,
object to decisions of the Commission.
SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULEMAKING AUTHORITY.
(a) Responsibilities.--The Secretary may--
(1) administer this title and any regulations issued under
this title, except to the extent otherwise provided for in this
title;
(2) issue permits to vessels subject to the jurisdiction of
the United States, and to owners and operators of such vessels,
to fish in the Convention Area, under such terms and conditions
as the Secretary may prescribe; and
(3) if recommended by the United States Commissioners,
assess and collect fees, not to exceed 3 percent of the ex-
vessel value of fisheries resources harvested by vessels of the
United States in fisheries conducted in the Convention Area, to
recover the actual costs to the United States to carry out the
functions of the Secretary under this title.
(b) Promulgation of Regulations.--
(1) In general.--The Secretary, in consultation with the
Secretary of State and the Secretary of the department in which
the Coast Guard is operating, may promulgate such regulations
as may be necessary and appropriate to carry out the
international obligations of the United States under the South
Pacific Fishery Resources Convention and this title, including
decisions adopted by the Commission.
(2) Applicability.--Regulations promulgated under this
subsection shall be applicable only to a person or fishing
vessel that is or has engaged in fishing, and fishery resources
covered by the Convention on the Conservation and Management of
High Seas Fishery Resources in the South Pacific Ocean under
this title.
(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.
SEC. 205. ENFORCEMENT.
(a) Responsibility.--This title, and any regulations or permits
issued under this title, shall be enforced by the Secretary and the
Secretary of the department in which the Coast Guard is operating. Such
Secretaries shall, and the head of any Federal or State agency that has
entered into an agreement with either such Secretary under this section
may (if the agreement so 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 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.--The district courts of the United
States shall have jurisdiction over any actions arising under this
section. 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 in the case of Guam and
Wake Island, the appropriate court is the United States District Court
for the District of Guam, and except that 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. Each violation
shall be a separate offense and the offense is deemed to have been
committed not only in the district where the violation first occurred,
but also in any other district as authorized by law. Any offenses not
committed in any district are subject to the venue provisions of
section 3238 of title 18, United States Code.
SEC. 206. PROHIBITED ACTS.
It is unlawful for any person--
(1) to violate any provision of this title or of any
regulation promulgated or permit issued under this title;
(2) to use any fishing vessel to engage in fishing without
a valid permit or after the revocation, or during the period of
suspension, of an applicable permit pursuant to this title;
(3) to refuse to permit any officer authorized to enforce
this title to board a fishing vessel subject to such person's
control for the purposes of conducting any investigation or
inspection in connection with the enforcement of this title;
(4) to assault, resist, oppose, impede, intimidate, or
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.
SEC. 207. COOPERATION IN CARRYING OUT THE CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary may cooperate with agencies of the United
States Government, any public or private institutions or organizations
within the United States or abroad, and, through the Secretary of
State, the duly authorized officials of the 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.
SEC. 208. 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 extent allowed under United
States law.
SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of countries fishing under
the management authority of the South Pacific Fisheries 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.
TITLE III--WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION
SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL MEETINGS OF WESTERN 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 to--
``(1) minimize any disadvantage to United States fishermen
in relation to other members of the Commission;
``(2) 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) 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) ensure that conservation and management measures take
into consideration traditional fishing patterns of fishing
vessels of the United States and the operating requirements of
the fisheries covered by the Western and Central Pacific
Convention.''.
(b) Conforming Amendment.--Section 1(b) of the Magnuson-Stevens
Fishery Conservation and Management Reauthorization Act of 2006 is
amended in the table of contents by striking the item relating to
section 511 (121 Stat. 3576) and inserting the following:
``Sec. 511. United States conservation, management, and enforcement
objectives.
``Sec. 512. Authorization of appropriations.''.
TITLE IV--ILLEGAL, UNREGULATED, AND UNREPORTED FISHING
SEC. 401. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM
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 by
striking ``and'' at the end of paragraph (7), striking the period at
the end of paragraph (8) and inserting ``; and'' , and 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''.
TITLE V--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT
SEC. 501. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC FISHERIES
CONVENTION ACT OF 1995.
(a) Short Title.--This title may be cited as the ``Northwest
Atlantic Fisheries Convention Amendments Act''.
(b) References to the Northwest Atlantic Fisheries Convention Act
of 1995.--Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an amendment to,
or repeal of, a section or other provision, the reference shall be
considered to be made to a section or other provision of the Northwest
Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.).
SEC. 502. REPRESENTATION OF THE UNITED STATES UNDER CONVENTION.
Section 202 (16 U.S.C. 5601) is amended--
(1) in subsection (a)(1), by striking ``General Council and
the Fisheries'';
(2) in subsection (b)(1), by striking ``at a meeting of the
General Council or the Fisheries Commission'';
(3) in subsection (b)(2), by striking ``, at any meeting of
the General Council or the Fisheries Commission for which the
Alternate Commissioner is designated'';
(4) in subsection (d)(1), by striking ``at a meeting of the
Scientific Council'';
(5) in subsection (d)(2), by striking ``, at any meeting of
the Scientific Council for which the Alternate Representative
is designated''; and
(6) in subsection (f)(1)(A), by striking ``Magnuson Act''
and inserting ``Magnuson-Stevens Fishery Conservation and
Management Act''.
SEC. 503. REQUESTS FOR SCIENTIFIC ADVICE.
Section 203 (16 U.S.C. 5602) is amended--
(1) in subsection (a)--
(A) by striking ``The Representatives may'' and
inserting ``A Representative may'';
(B) by striking ``described in subsection (b)(1) or
(2)'' and inserting ``described in paragraph (1) or (2)
of 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)''.
SEC. 504. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.
Section 204 (16 U.S.C. 5603) is amended by striking ``Fisheries
Commission'' each place it appears and inserting ``Commission
consistent with the procedures detailed in Articles XIV and XV of the
Convention''.
SEC. 505. INTERAGENCY COOPERATION.
Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows:
``(a) Authorities of the Secretary.--In carrying out the provisions
of the Convention and this title, the Secretary may arrange for
cooperation with--
``(1) any department, agency, or instrumentality of the
United States;
``(2) a State;
``(3) a Council; or
``(4) a private institution or an organization.''.
SEC. 506. PROHIBITED ACTS AND PENALTIES.
Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended by striking
``fish'' and inserting ``fishery resources''.
SEC. 507. CONSULTATIVE COMMITTEE.
Section 208 (16 U.S.C. 5607) is amended--
(1) in subsection (b)(2), by striking ``two'' and inserting
``2''; and
(2) in subsection (c), by striking ``General Council or the
Fisheries'' each place it appears.
SEC. 508. DEFINITIONS.
Section 210 (16 U.S.C. 5609) is amended to read as follows:
``SEC. 210. DEFINITIONS.
``In this title:
``(1) 1982 convention.--The term `1982 Convention' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
``(2) Authorized enforcement officer.--The term `authorized
enforcement officer' means a person authorized to enforce this
title, any regulation issued under this title, or any measure
that is legally binding on the United States under the
Convention.
``(3) Commission.--The term `Commission' means the body
provided for by Articles V, VI, XIII, XIV, and XV of the
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 3500' N
and west of a line extending due north from 3500' N and 4200'
W to 5900' N, thence due west to 4400' 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 7810' 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) in so far 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.''.
SEC. 509. QUOTA ALLOCATION PRACTICE.
Section 213 (16 U.S.C. 5612) is repealed.
Union Calendar No. 557
114th CONGRESS
2d Session
H. R. 4576
[Report No. 114-718]
_______________________________________________________________________
A BILL
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.
_______________________________________________________________________
September 6, 2016
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed