[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,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Ensuring Access to Pacific Fisheries 
Act''.

                    TITLE I--NORTH PACIFIC FISHERIES
     Subtitle A--North Pacific Fisheries Convention Implementation

    SEC. 101. DEFINITIONS.
    In this subtitle:
        (1) Commission.--The term ``Commission'' means the North 
    Pacific Fisheries Commission established in accordance with the 
    North Pacific Fisheries Convention.
        (2) Commissioner.--The term ``Commissioner'' means a United 
    States Commissioner appointed under section 102(a).
        (3) Convention area.--The term ``Convention Area'' means the 
    area to which the Convention on the Conservation and Management of 
    High Seas Fisheries Resources in the North Pacific Ocean applies 
    under Article 4 of such Convention.
        (4) Council.--The term ``Council'' means the North Pacific 
    Fishery Management Council, the Pacific Fishery Management Council, 
    or the Western Pacific Fishery Management Council established under 
    section 302 of the Magnuson-Stevens Fishery Conservation and 
    Management Act (16 U.S.C. 1852), as the context requires.
        (5) Exclusive economic zone.--The term ``exclusive 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 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.
    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 
    subtitle.
    SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE.
    (a) Promulgation of Regulations.--
        (1) Authority.--The Secretary, in consultation with the 
    Secretary of State and, with respect to enforcement measures, the 
    Secretary of the department in which the Coast Guard is operating, 
    may promulgate such regulations as may be 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.
    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 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.
    SEC. 106. PROHIBITED ACTS.
    It is unlawful for any person--
        (1) to violate this subtitle or any regulation or permit issued 
    under this subtitle;
        (2) to use any fishing vessel to engage in fishing activities 
    without, or after the revocation or during the period of 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.
    SEC. 107. COOPERATION IN CARRYING OUT CONVENTION.
    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with any Federal agency, 
any public or private institution or organization within the United 
States or abroad, and, through the Secretary of State, a duly 
authorized official of the government of any party to the North Pacific 
Fisheries Convention, in carrying out responsibilities under this 
subtitle.
    (b) Scientific and Other Programs; Facilities and 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.
    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.
    SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
    There is authorized to be appropriated out of funds made available 
to the Secretary and the Secretary of State $300,000 for each of fiscal 
years 2017 through 2021 to carry out this subtitle and to pay the 
United States contribution to the Commission under Article 12 of the 
North Pacific Fisheries Convention.

                       Subtitle B--Miscellaneous

    SEC. 121. FUNDING FOR TRAVEL EXPENSES.
    (a) North Pacific Bering Sea Fisheries Advisory Body.--Section 5 of 
the Act entitled ``An Act to approve the governing international 
fishery agreement between the United States and the Union of Soviet 
Socialist Republics, and for other purposes'', approved November 7, 
1988 (Public Law 100-629; 16 U.S.C. 1823 note), is amended by adding at 
the end the following:
    ``(e) Travel Expenses.--
        ``(1) In general.--The Secretary of State may pay the necessary 
    travel expenses of the members of the advisory body established 
    pursuant to this section in carrying out their service as such 
    members in accordance with the Federal Travel 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.''.
    SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT OF 
      1998.
    Section 10 of the National Sea Grant College Program 
Reauthorization Act of 1998 (15 U.S.C. 1541) is amended by striking 
``the United States Coast Guard'' each place it appears and inserting 
``another Federal agency''.

  TITLE II--IMPLEMENTATION OF THE CONVENTION ON THE CONSERVATION AND 
  MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC OCEAN

    SEC. 201. DEFINITIONS.
    In this title:
        (1) 1982 convention.--The term ``1982 Convention'' means the 
    United Nations Convention on the Law of the Sea of 10 December 
    1982.
        (2) Commission.--The term ``Commission'' means the Commission 
    of the South Pacific Regional Fisheries 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 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.
    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 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.
    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.
    SEC. 210. AUTHORIZATION OF APPROPRIATIONS.
    (a) In General.--There is authorized to be appropriated out of 
funds made available to the Secretary and the Secretary of State 
$300,000 for each of fiscal years 2017 through 2021 to carry out this 
title and to pay the United States contribution to the Commission under 
Article 15 of the South Pacific Fisheries 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).

      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--
        ``(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.''.

         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--
        (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''.

    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 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.''.
    SEC. 509. AUTHORIZATION OF APPROPRIATIONS.
    Section 211 (16 U.S.C. 5610) is amended--
        (1) by striking ``including use for payment as the United 
    States contribution to the Organization as provided in Article XVI 
    of the Convention'' and inserting ``including to pay the United 
    States contribution to the Organization as provided in Article IX 
    of the Convention''; and
        (2) by striking ``2012'' and inserting ``2021''.
    SEC. 510. QUOTA ALLOCATION PRACTICE.
    Section 213 (16 U.S.C. 5612) is repealed.

                        TITLE VI--MISCELLANEOUS

    SEC. 601. REPEAL OF NOAA OCEANS AND HUMAN HEALTH INITIATIVE REPORT.
    Section 904 of the Oceans and Human Health Act (33 U.S.C. 3103) is 
amended--
        (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.