[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 1335 Engrossed in Senate (ES)]

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114th CONGRESS
  2d Session
                                S. 1335

_______________________________________________________________________

                                 AN ACT


 
 To implement the Convention on the Conservation and Management of the 
High Seas Fisheries Resources in the North Pacific Ocean, as adopted at 
          Tokyo on February 24, 2012, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Ensuring Access to 
Fisheries Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                    TITLE I--NORTH PACIFIC FISHERIES

   Subtitle A--North Pacific Fisheries Convention Implementation Act

Sec. 101. Short title.
Sec. 102. Definitions.
Sec. 103. United States participation in the North Pacific Fisheries 
                            Convention.
Sec. 104. Authority and responsibility of the Secretary of State.
Sec. 105. Authority of the Secretary of Commerce.
Sec. 106. Enforcement.
Sec. 107. Prohibited acts.
Sec. 108. Cooperation in carrying out Convention.
Sec. 109. Territorial participation.
Sec. 110. Exclusive economic zone notification.
Sec. 111. Authorization of appropriations.
                       Subtitle B--Miscellaneous

Sec. 121. Funding for travel expenses.
Sec. 122. National Sea Grant College Program Reauthorization Act of 
                            1998.
    TITLE II--SOUTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

Sec. 201. Short title.
Sec. 202. Definitions.
Sec. 203. Appointment of United States Commissioners.
Sec. 204. Authority and responsibility of the Secretary of State.
Sec. 205. Authority of the Secretary of Commerce.
Sec. 206. Enforcement.
Sec. 207. Prohibited acts.
Sec. 208. Cooperation in carrying out Convention.
Sec. 209. Territorial participation.
Sec. 210. Exclusive economic zone notification.
Sec. 211. Authorization of appropriations.
   TITLE III--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

Sec. 301. Short title; references to the Northwest Atlantic Fisheries 
                            Convention Act of 1995.
Sec. 302. Representation of the United States under Convention.
Sec. 303. Requests for scientific advice.
Sec. 304. Authorities of Secretary of State with respect to Convention.
Sec. 305. Interagency cooperation.
Sec. 306. Prohibited acts and penalties.
Sec. 307. Consultative committee.
Sec. 308. Definitions.
Sec. 309. Authorization of appropriations.
Sec. 310. Quota allocation practice.

                    TITLE I--NORTH PACIFIC FISHERIES

   Subtitle A--North Pacific Fisheries Convention Implementation Act

SEC. 101. SHORT TITLE.

    This subtitle may be cited as the ``North Pacific Fisheries 
Convention Implementation Act''.

SEC. 102. DEFINITIONS.

    In this subtitle:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee established under section 103.
            (2) Commission.--The term ``Commission'' means the North 
        Pacific Fisheries Commission established pursuant to the North 
        Pacific Fisheries Convention.
            (3) Commissioner.--The term ``Commissioner'' means a United 
        States Commissioner appointed under section 103.
            (4) Convention area.--The term ``Convention Area''--
                    (A) means the waters of the high seas areas of the 
                North Pacific Ocean; and
                    (B) excludes--
                            (i) the high seas areas of the Bering Sea 
                        and other high seas areas that are surrounded 
                        by the exclusive economic zone of a single 
                        nation, which are bounded to the south by a 
                        continuous line beginning at the seaward limit 
                        of waters under the jurisdiction of the United 
                        States around the Commonwealth of the Northern 
                        Mariana Islands at 20 degrees North latitude, 
                        then proceeding East and connecting the 
                        coordinates: 2000'00"N, 18000'00"E/W; 
                        1000'00"N 18000'00"E/W; 1000'00"N, 
                        14000'00"W; 2000'00"N, 14000'00"W; and 
                        thence East to the seaward limit of waters 
                        under the fisheries jurisdiction of Mexico; and
                            (ii) the exclusive economic zone of the 
                        United States or of any other country.
            (5) 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).
            (6) 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), the inner 
                boundary of which, for purposes of this subtitle, is a 
                line coterminous with the seaward boundary of each of 
                the coastal States; and
                    (B) with respect to a foreign country, a designated 
                zone similar to the zone referred to in subparagraph 
                (A) for that country.
            (7) Fisheries resources.--
                    (A) In general.--The term ``fisheries resources'' 
                means all fish, mollusks, crustaceans, and other marine 
                species, including any products thereof, caught by a 
                fishing vessel within the Convention Area.
                    (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 pre-existing international fisheries 
                        management instruments within the area of 
                        competence of such instruments.
            (8) 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 transhipment 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.
            (9) 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.
            (10) 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.
            (11) 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.
            (12) 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.
            (13) Secretary.--Except as otherwise specifically provided, 
        the term ``Secretary'' means the Secretary of Commerce.
            (14) 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, Guam, American 
        Samoa, and any other commonwealth, territory, or possession of 
        the United States.
            (15) Straddling stock.--The term ``straddling stock'' means 
        a stock of fisheries resources which migrates between, or 
        occurs in, the exclusive economic zone of 1 or more parties to 
        the Convention and the Convention Area.
            (16) Transshipment.--The term ``transshipment'' means the 
        unloading of any fisheries resources taken in the Convention 
        Area from 1 fishing vessel to another fishing vessel either at 
        sea or in port.
            (17) 1982 convention.--The term ``1982 Convention'' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.

SEC. 103. 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 United States 
        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 United States 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 chairperson of the North 
                Pacific Fishery Management Council or a designee of 
                such chairperson.
                    (C) Pacific fishery management council.--One 
                Commissioner shall be the chairperson of the Pacific 
                Fishery Management Council or a designee of such 
                chairperson.
                    (D) Western pacific fishery management council.--
                One Commissioner shall be the chairperson of the 
                Western Pacific Fishery Management Council or a 
                designee of such chairperson.
            (3) Chairperson.--The President shall designate 1 of the 
        Commissioners appointed under paragraph (2) to serve as 
        chairperson of the United States Commissioners.
    (b) Alternate Commissioners.--In the event of a vacancy in 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) 3 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.).
                    (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 
                        shall 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.
    (e) United States Participation.--In instances in which the United 
States is participating in any meeting of the parties to the North 
Pacific Fisheries Convention, the United States shall be represented by 
the Commissioners and the Advisory Committee.

SEC. 104. 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 under 
        paragraph (1);
            (3) with the concurrence of the Secretary, and in 
        accordance with the provisions of the Convention, object to any 
        decision of the Commission; and
            (4) in the conduct of any program, including scientific and 
        research programs, under this subtitle, 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, foreign 
        agencies, or international intergovernmental organizations.

SEC. 105. 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, is authorized to 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 of 
        the United States 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 non-reimbursed basis the 
assistance, services, personnel, equipment, and facilities of other 
Federal departments and agencies in--
            (1) scientific, research, and other programs under this 
        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) if recommended by the Commissioners, the assessment and 
        collection of fees, not to exceed 3 percent of the ex-vessel 
        value of fisheries resource harvested by vessels of the United 
        States in fisheries conducted in the Convention Area, to 
        recover the actual costs to the United States of management and 
        enforcement under this subtitle, which shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Secretary under this subtitle; and
            (5) 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.
    (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. 106. 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 non-
        reimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments and 
        agencies in the administration and enforcement of this 
        subtitle.
    (b) Secretarial Actions.--Except as provided under subsection (c), 
the Secretary and the Secretary of the department in which the Coast 
Guard is operating shall prevent any person from violating this 
subtitle in the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though sections 308 through 311 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858, 1859, 1860, 1861) were incorporated into and made a part of this 
subtitle. Any person that violates any provision of 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 exclusive 
        jurisdiction over any case or controversy arising under the 
        provisions of 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 shall be deemed to have been committed 
        not only in the district where the violation first occurred, 
        but also in any other district authorized by law. Any offense 
        not committed in any district is subject to the venue 
        provisions of section 3238 of title 18, United States Code.
    (d) Confidentiality.--
            (1) In general.--Any information submitted in compliance 
        with a requirement under this subtitle to the Secretary or to 
        implement the Convention, including information submitted on or 
        before the date of enactment of the Ensuring Access to 
        Fisheries 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 under 
                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. 107. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate any provision of this subtitle or any 
        regulation or permit issued pursuant to 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 
        the provisions of 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 if the person knew or should have known in 
        the exercise of due care that the fisheries resources were 
        taken or retained in violation of this subtitle or any 
        regulation or permit referred to in paragraph (1) or paragraph 
        (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 if the person knew or should have 
        known in the exercise of due care that the information was 
        false;
            (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 
        the provisions of this subtitle;
            (14) to make or submit any false record, account, or label 
        for, or any false identification of, any fisheries resources 
        which 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. 108. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with departments and 
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 North Pacific Fisheries Convention, in 
carrying out responsibilities under this subtitle.
    (b) Scientific and Other Programs; Facilities and Personnel.--Each 
Federal department and agency is authorized, upon the request of the 
Secretary, to cooperate in the conduct of scientific and other programs 
and to furnish facilities and personnel for the purpose of assisting 
the Commission in carrying out its duties under the 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. 109. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by the Commonwealth of the Northern Mariana 
Islands to the same extent provided to the territories of other 
nations.

SEC. 110. 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--
            (1) notify the United States Coast Guard of the name, flag 
        state, location, route, and destination of the vessel and of 
        the circumstances under which it will enter United States 
        waters;
            (2) ensure that all fishing gear on board the vessel is 
        stowed below deck or otherwise removed from the place it is 
        normally used for fishing activities and placed where it is not 
        readily available for fishing activities; and
            (3) if requested by an enforcement officer, proceed to a 
        specified location so that a vessel inspection can be 
        conducted.

SEC. 111. AUTHORIZATION OF APPROPRIATIONS.

    There is authorized to be appropriated out of funds made available 
to the Secretary and the Secretary of State $500,000 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 shall 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 shall 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 shall 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--SOUTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

SEC. 201. SHORT TITLE.

    This title may be cited as the ``South Pacific Fisheries Convention 
Implementation Act''.

SEC. 202. DEFINITIONS.

    In this title:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee established under section 203.
            (2) Commission.--The term ``Commission'' means the South 
        Pacific Fisheries Commission established under the South 
        Pacific Fisheries Convention.
            (3) Commissioner.--The term ``Commissioner'' means a United 
        States Commissioner appointed under section 203.
            (4) Convention area.--The term ``Convention Area'' means--
                    (A) the waters of the Pacific Ocean beyond areas of 
                national jurisdiction and in accordance with 
                international law, bounded by the 10 parallel of north 
                latitude and the 20 parallel of south latitude and by 
                the 135 meridian of east longitude and the 150 
                meridian of west longitude; and
                    (B) the waters of the Pacific Ocean beyond areas of 
                national jurisdiction and in accordance with 
                international law--
                            (i) east of a line extending south along 
                        the 120 meridian of east longitude from the 
                        outer limit of the national jurisdiction of 
                        Australia off the south coast of Western 
                        Australia to the intersection with the 55 
                        parallel of south latitude; then due east along 
                        the 55 parallel of south latitude to the 
                        intersection with the 150 meridian of east 
                        longitude; then due south along the 150 
                        meridian of east longitude to the intersection 
                        with the 60 parallel of south latitude;
                            (ii) north of a line extending east along 
                        the 60 parallel of south latitude from the 
                        150 meridian of east longitude to the 
                        intersection with the 67 16' meridian of west 
                        longitude;
                            (iii) west of a line extending north along 
                        the 67 16' meridian of west longitude from the 
                        60 parallel of south latitude to its 
                        intersection with the outer limit of the 
                        national jurisdiction of Chile; then along the 
                        outer limits of the national jurisdictions of 
                        Chile, Peru, Ecuador and Colombia to the 
                        intersection with the 2 parallel of north 
                        latitude; and
                            (iv) south of a line extending west along 
                        the 2 parallel of north latitude (but not 
                        including the national jurisdiction of Ecuador 
                        (Galapagos Islands)) to the intersection with 
                        the 150 meridian of west longitude; then due 
                        north along the 150 meridian of west longitude 
                        to its intersection with 10 parallel of north 
                        latitude; then west along the 10 parallel of 
                        north latitude to its intersection with the 
                        outer limits of the national jurisdiction of 
                        the Marshall Islands; and then generally south 
                        and around the outer limits of the national 
                        jurisdictions of Pacific States and 
                        territories, New Zealand and Australia until it 
                        connects to the commencement of the line 
                        described in clause (i).
            (5) Council.--The term ``Council'' means the Western 
        Pacific Regional Fishery Management Council.
            (6) Exclusive economic zone of the united states.--The term 
        ``exclusive economic zone of the United States'' means the zone 
        established by Presidential Proclamation Numbered 5030 of March 
        10, 1983 (16 U.S.C. 1453 note), the inner boundary of which, 
        for purposes of this title, is a line coterminous with the 
        seaward boundary of each of the coastal States.
            (7) Fishery resources.--
                    (A) In general.--The term ``fishery resources'' 
                means all fish within the Convention Area.
                    (B) Inclusions.--The term ``fishery resources'' 
                includes mollusks, crustaceans, and other living marine 
                resources, including any products thereof, as may be 
                decided by the Commission.
                    (C) Exclusions.--The term ``fishery resources'' 
                does not include--
                            (i) sedentary species in so far as they are 
                        subject to the national jurisdiction of coastal 
                        States pursuant to Article 77 paragraph 4 of 
                        the 1982 Convention;
                            (ii) highly migratory species listed in 
                        Annex I of the 1982 Convention;
                            (iii) anadromous species;
                            (iv) catadromous species;
                            (v) marine mammals;
                            (vi) marine reptiles; or
                            (vii) sea birds.
            (8) Fishing.--
                    (A) In general.--The term ``fishing'' means--
                            (i) the actual or attempted searching for, 
                        catching, taking, or harvesting of fishery 
                        resources;
                            (ii) engaging in any activity that can 
                        reasonably be expected to result in the 
                        locating, catching, taking, or harvesting of 
                        fishery resources for any purpose;
                            (iii) transshipment and any operation at 
                        sea in direct support of, or in preparation 
                        for, any activity described in this 
                        subparagraph; or
                            (iv) the use of any vessel, vehicle, 
                        aircraft, or hovercraft, in relation to any 
                        activity described in clauses (i) through 
                        (iii).
                    (B) Exclusions.--The term ``fishing'' does not 
                include any operation related to an emergency involving 
                the health or safety of a crew member or the safety of 
                a fishing vessel.
            (9) Fishing vessel.--The term ``fishing vessel'' means any 
        vessel used or intended for use for the purpose of fishing, 
        including a support ship, a carrier vessel, or any other vessel 
        directly involved in such fishing operations.
            (10) Panel.--The term ``Panel'' means the Council's 
        Advisory Panel.
            (11) Person.--The term ``person'' means--
                    (A) any individual, whether or not a citizen or 
                national of the United States;
                    (B) any corporation, partnership, association, or 
                other entity, whether or not organized or existing 
                under the laws of any State; or
                    (C) any Federal, State, local, tribal, or foreign 
                government, or any entity of such government.
            (12) Secretary.--The term ``Secretary'' means the Secretary 
        of Commerce.
            (13) South pacific fisheries convention.--The term ``South 
        Pacific Fisheries Convention'' means the Convention on the 
        Conservation and Management of the High Seas Fishery Resources 
        in the South Pacific Ocean (including any annexes, amendments, 
        or protocols that are in force, or have come into force, for 
        the United States), which was adopted at Auckland on November 
        14, 2009.
            (14) State.--The term ``State'' means each of the several 
        States of the United States, the District of Columbia, American 
        Samoa, Guam, and any other commonwealth, territory, or 
        possession of the United States.
            (15) Straddling stock.--The term ``straddling stock'' means 
        a stock of fishery resources which migrates between, or occurs 
        in, the exclusive economic zone of 1 or more parties to the 
        South Pacific Fisheries Convention and the Convention Area.
            (16) Transshipment.--The term ``transshipment'' means the 
        unloading of all or any of the fishery resources or fishery 
        resources products derived from fishing in the Convention Area 
        on board a fishing vessel to another fishing vessel either at 
        sea or in port.
            (17) 1982 convention.--The term ``1982 Convention'' means 
        the United Nations Convention on the Law of the Sea of 10 
        December 1982.

SEC. 203. APPOINTMENT 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 United States 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) 2 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.).
                    (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.
    (e) Memorandum of Understanding.--For fishery resources in the 
Convention Area, the Secretary, in coordination with the Secretary of 
State, shall develop a memorandum of understanding with the Council 
that clarifies the role of the Council with respect to--
            (1) participation in United States delegations to 
        international fishery organizations in the Pacific Ocean, 
        including government-to-government consultations;
            (2) providing formal recommendations to the Secretary and 
        the Secretary of State regarding necessary measures for both 
        domestic and foreign fishing vessels;
            (3) coordinating positions with the United States 
        delegation for presentation to the appropriate international 
        fishery organization; and
            (4) recommending those domestic fishing regulations that 
        are consistent with the actions of the international fishery 
        organization, for approval and implementation under the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.).

SEC. 204. 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 under 
        paragraph (1);
            (3) with the concurrence of the Secretary, and in 
        accordance with the provisions of the Convention, object to any 
        decision of the Commission; and
            (4) in the conduct of any program, including scientific and 
        research programs, under this title, 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, foreign 
        agencies, or international intergovernmental organizations.

SEC. 205. 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, is authorized to promulgate such regulations as may 
        be necessary to carry out United States international 
        obligations under the South Pacific Fisheries Convention and 
        this title, including recommendations and decisions adopted by 
        the Commission.
            (2) Regulations of straddling stocks.--If the Secretary has 
        discretion in the implementation of 1 or more measures adopted 
        by the Commission that would govern a straddling stock under 
        the authority of the Council, the Secretary shall promulgate, 
        to the extent practicable within the implementation schedule of 
        the South Pacific Fisheries Convention and any recommendations 
        and decisions adopted by the Commission, such regulations in 
        accordance with the procedures established by the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.).
    (b) 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, or fishery resources covered by the South 
Pacific Fisheries Convention under this title.
    (c) Additional Authority.--The Secretary may conduct, and may 
request and utilize on a reimbursed or non-reimbursed basis the 
assistance, services, personnel, equipment, and facilities of other 
Federal departments and agencies in--
            (1) scientific, research, and other programs under this 
        title;
            (2) fishing operations and biological experiments for 
        purposes of scientific investigation or other purposes 
        necessary to implement the South Pacific Fisheries Convention;
            (3) the collection, utilization, and disclosure of such 
        information as may be necessary to implement the South Pacific 
        Fisheries Convention, subject to sections 552 and 552a of title 
        5, United States Code, and section 402(b) of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881a(b));
            (4) if recommended by the Commissioners, the assessment and 
        collection of fees, not to exceed 3 percent of the ex-vessel 
        value of fishery resources harvested by vessels of the United 
        States in fisheries conducted in the Convention Area, to 
        recover the actual costs to the United States of management and 
        enforcement under this title, which shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Secretary under this title; and
            (5) the issuance of permits to owners and operators of 
        United States vessels to engage in fishing 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.
    (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 Atlantic 
Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.), and the Western 
and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 
6901 et seq.).
    (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. 206. 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 non-
        reimbursed 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.--Except as provided under subsection (c), 
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, 1859, 
1860, 1861) were incorporated into and made a part of this title. Any 
person that violates any provision of 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, 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 exclusive 
        jurisdiction over any case or controversy arising under the 
        provisions of 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 other State in the Pacific Ocean, the appropriate 
        court is the United States District Court for the District of 
        Hawaii, except that--
                    (A) in the case of Guam and Wake Island, the 
                appropriate court is the United States District Court 
                for the District of Guam; and
                    (B) in the case of the Northern Mariana Islands, 
                the appropriate court is the United States District 
                Court for the District of the Northern Mariana Islands.
            (3) Construction.--Each violation shall be a separate 
        offense and the offense shall be deemed to have been committed 
        not only in the district where the violation first occurred, 
        but also in any other district authorized by law. Any offense 
        not committed in any district is subject to the venue 
        provisions of section 3238 of title 18, United States Code.
    (d) Confidentiality.--
            (1) In general.--Any information submitted in compliance 
        with a requirement under this title to the Secretary or to 
        implement the Convention, including information submitted on or 
        before the date of enactment of the Ensuring Access to 
        Fisheries 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 South Pacific Fisheries Convention 
                and decisions of the Commission, and, insofar as 
                possible, in accordance with an agreement with the 
                Commission that prevents public disclosure of the 
                identity or business of any person;
                    (C) to a State or Council employee 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 under 
                subparagraph (B), the Secretary shall promulgate 
                regulations regarding the procedures the Secretary 
                considers necessary to preserve the confidentiality of 
                information 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. 207. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate any provision of this title or any 
        regulation or permit issued under this title;
            (2) to use any fishing vessel to engage in fishing without, 
        or after the revocation or during the period of suspension of, 
        an applicable permit issued under this title;
            (3) to refuse to permit any officer authorized to enforce 
        the provisions of 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 the South 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 the South 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 if the person knew or should have known in 
        the exercise of due care that the fisheries resources were 
        taken or retained in violation of this title or any regulation 
        or permit referred to in paragraph (1) or paragraph (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 if the person knew or should have known 
        in the exercise of due care that the information was false;
            (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 in violation of any regulation 
        adopted under this title;
            (11) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports required to be made, 
        kept, or furnished under this title;
            (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 promulgated 
        under this title, any fishery resources in any form of those 
        species subject to regulation pursuant to a recommendation, 
        resolution, or decision of the Commission, or any fishery 
        resources in any form not under regulation but under 
        investigation by the Commission, during the period the fishery 
        resources have been denied entry in accordance with the 
        provisions of this title;
            (14) to make or submit any false record, account, or label 
        for, or any false identification of, any fishery resources 
        which 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. 208. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with departments and 
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 Fisheries Convention, in 
carrying out responsibilities under this title.
    (b) Scientific and Other Programs; Facilities and Personnel.--Each 
Federal department and agency is authorized, upon the request of the 
Secretary, to cooperate in the conduct of scientific and other programs 
and to furnish facilities and personnel for the purpose of assisting 
the Commission in carrying out its duties under the South Pacific 
Fisheries Convention.
    (c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this 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 South 
        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. 209. TERRITORIAL PARTICIPATION.

    The Secretary of State shall ensure participation in the Commission 
and its subsidiary bodies by American Samoa, Guam, and the Commonwealth 
of the Northern Mariana Islands to the same extent provided to the 
territories of other nations.

SEC. 210. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

    Masters of commercial fishing vessels of nations fishing under the 
management authority of the South Pacific Fisheries Convention that do 
not carry vessel monitoring systems capable of communicating with 
United States enforcement authorities shall, prior to, or as soon as 
reasonably possible after, entering and transiting the exclusive 
economic zone of the United States seaward of the Convention Area--
            (1) notify the United States Coast Guard of the name, flag 
        state, location, route, and destination of the vessel and of 
        the circumstances under which it will enter the exclusive 
        economic zone of the United States seaward of the Convention 
        Area;
            (2) ensure that all fishing gear on board the vessel is 
        stowed below deck or otherwise removed from the place it is 
        normally used for fishing and placed where it is not readily 
        available for fishing; and
            (3) if requested by an enforcement officer, proceed to a 
        specified location so that a vessel inspection can be 
        conducted.

SEC. 211. 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 
$500,000 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 shall 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, international, non-
        governmental, or international organization, including the 
        Commission, for purposes of carrying out the international 
        responsibilities under paragraph (1).

   TITLE III--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

SEC. 301. 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. 302. 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 Alternative Representative 
        is designated''; and
            (6) in subsection (f)(1)(A), by striking ``Magnuson Act'' 
        and inserting ``Magnuson-Stevens Fishery Conservation and 
        Management Act''.

SEC. 303. 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. 304. 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. 305. 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. 306. PROHIBITED ACTS AND PENALTIES.

    Section 207 (16 U.S.C. 5606) is amended--
            (1) by striking ``Magnuson Act'' each place it appears and 
        inserting ``Magnuson-Stevens Fishery Conservation and 
        Management Act''; and
            (2) by striking ``fish'' each place it appears and 
        inserting ``fishery resources''.

SEC. 307. 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. 308. 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) 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. 309. AUTHORIZATION OF APPROPRIATIONS.

    Section 211 (16 U.S.C. 5610) is amended to read as follows:

``SEC. 211. CONTRIBUTIONS TO ORGANIZATION.

    ``There is authorized to be appropriated out of funds made 
available to the Secretary and the Secretary of State $500,000 for each 
of fiscal years 2017 through 2021 to carry out this title and to pay 
the United States contribution to the Organization as provided in 
Article IX of the Convention.''.

SEC. 310. QUOTA ALLOCATION PRACTICE.

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

            Passed the Senate May 17, 2016.

            Attest:

                                                             Secretary.
114th CONGRESS

  2d Session

                                S. 1335

_______________________________________________________________________

                                 AN ACT

 To implement the Convention on the Conservation and Management of the 
High Seas Fisheries Resources in the North Pacific Ocean, as adopted at 
          Tokyo on February 24, 2012, and for other purposes.