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

<DOC>





                                                       Calendar No. 405
114th CONGRESS
  2d Session
                                S. 1335

                          [Report No. 114-233]

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 13, 2015

  Mr. Sullivan (for himself and Mr. Schatz) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                             March 28, 2016

Reported, under authority of the order of the Senate of March 17, 2016, 
                    by Mr. Thune, without amendment

_______________________________________________________________________

                                 A BILL


 
 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.

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

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Advisory committee.--The term ``Advisory Committee'' 
        means the advisory committee established under section 3.
            (2) Commission.--The term ``Commission'' means the 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 3.
            (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", 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); 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 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, 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 economic exclusion 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. 3. 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.
    (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, including--
                            (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; and
                            (viii) a member nominated by the Governor 
                        of the State of Washington.
                    (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 Act, 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. 4. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.

    The Secretary of State may--
            (1) receive and transmit, on behalf of the United States, 
        reports, requests, recommendations, proposals, decisions, and 
        other communications of and to the Commission;
            (2) in consultation with the Secretary, approve, 
        disapprove, object to, or withdraw objections to bylaws and 
        rules, or amendments thereof, adopted by the Commission;
            (3) with the concurrence of the Secretary, approve or 
        disapprove the general annual program of the Commission with 
        respect to conservation and management measures and other 
        measures proposed or adopted in accordance with the North 
        Pacific Fisheries Convention; and
            (4) act upon, or refer to other appropriate authority, any 
        communication under paragraph (1).

SEC. 5. 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 Act, 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 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 Act.
    (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 
        Act;
            (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 Act, which shall be deposited as an 
        offsetting collection in, and credited to, the account 
        providing appropriations to carry out the functions of the 
        Secretary under this Act; and
            (5) the issuance of permits to owners and operators of 
        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 Act, the Magnuson-Stevens Fishery Conservation 
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act 
of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 
U.S.C. 973 et seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821 
note) (relating to Pacific albacore tuna), the 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 Act shall be subject to judicial review to the 
        extent authorized by, and in accordance with, chapter 7 of 
        title 5, United States Code, if a petition for such review is 
        filed not later than 30 days after the date on which the 
        regulations are promulgated or the action is published in the 
        Federal Register, as applicable.
            (2) Responses.--Notwithstanding any other provision of law, 
        the Secretary shall file a response to any petition filed in 
        accordance with paragraph (1), not later than 30 days after the 
        date the Secretary is served with that petition, except that 
        the appropriate court may extend the period for filing such a 
        response upon a showing by the Secretary of good cause for that 
        extension.
            (3) Copies of administrative record.--A response of the 
        Secretary under paragraph (2) shall include a copy of the 
        administrative record for the regulations that are the subject 
        of the petition.
            (4) Expedited hearings.--Upon a motion by the person who 
        files a petition under this subsection, the appropriate court 
        shall assign the matter for hearing at the earliest possible 
        date.

SEC. 6. ENFORCEMENT.

    (a) In General.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating--
            (1) shall administer and enforce this Act and any 
        regulations issued under this Act, except to the extent 
        otherwise provided for in the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.); and
            (2) may request and utilize on a reimbursed or non-
        reimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments and 
        agencies in the administration and enforcement of this Act.
    (b) 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 Act 
with respect to fishing activities or the conservation of fisheries 
resources in the Convention Area in the same manner, by the same means, 
and with the same jurisdiction, powers, and duties as though sections 
308 through 311 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated 
into and made a part of this Act. Any person that violates any 
provision of this Act is subject to the penalties and entitled to the 
privileges and immunities provided in the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same 
manner, by the same means, and with the same jurisdiction, power, and 
duties as though sections 308 through 311 of that Act (16 U.S.C. 1858, 
1859, 1860, and 1861) were incorporated into and made a part of this 
Act.
    (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 Act, and any such court may at any time--
                    (A) enter restraining orders or prohibitions;
                    (B) issue warrants, process in rem, or other 
                process;
                    (C) prescribe and accept satisfactory bonds or 
                other security; and
                    (D) take such other actions as are in the interest 
                of justice.
            (2) Hawaii and pacific insular areas.--In the case of 
        Hawaii or any possession of the United States in the Pacific 
        Ocean, the appropriate court is the United States District 
        Court for the District of Hawaii, except that--
                    (A) in the case of Guam and Wake Island, the 
                appropriate court is the United States District Court 
                for the District of Guam; and
                    (B) in the case of the Northern Mariana Islands, 
                the appropriate court is the United States District 
                Court for the District of the Northern Mariana Islands.
            (3) Construction.--Each violation shall be a separate 
        offense and the offense shall be deemed to have been committed 
        not only in the district where the violation first occurred, 
        but also in any other district authorized by law. Any offense 
        not committed in any district is subject to the venue 
        provisions of section 3238 of title 18, United States Code.
    (d) Confidentiality.--
            (1) In general.--Any information submitted to the Secretary 
        in compliance with any requirement under this Act shall be 
        confidential and may not be disclosed, except--
                    (A) to a Federal employee who is responsible for 
                administering, implementing, or enforcing this Act;
                    (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 Act.
            (2) Use of information.--
                    (A) In general.--Except as provided under 
                subparagraph (B), the Secretary shall promulgate 
                regulations regarding the procedures the Secretary 
                considers necessary to preserve the confidentiality of 
                information submitted under this Act.
                    (B) Exception.--The Secretary may release or make 
                public information submitted under this Act if the 
                information is in any aggregate or summary form that 
                does not directly or indirectly disclose the identity 
                or business of any person.
            (3) Rule of construction.--Nothing in this subsection shall 
        be interpreted or construed to prevent the use for conservation 
        and management purposes by the Secretary of any information 
        submitted under this Act.

SEC. 7. PROHIBITED ACTS.

    It is unlawful for any person--
            (1) to violate any provision of this Act or any regulation 
        or permit issued pursuant to this Act;
            (2) to use any fishing vessel to engage in fishing 
        activities without, or after the revocation or during the 
        period of suspension of, an applicable permit issued pursuant 
        to this Act;
            (3) to refuse to permit any officer authorized to enforce 
        the provisions of this Act to board a fishing vessel subject to 
        such person's control for the purposes of conducting any 
        search, investigation, or inspection in connection with the 
        enforcement of this Act or 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 Act or any regulation, permit, or the North 
        Pacific Fisheries Convention;
            (5) to resist a lawful arrest for any act prohibited by 
        this Act or any regulation promulgated or permit issued under 
        this Act;
            (6) to knowingly and willfully ship, transport, offer for 
        sale, sell, purchase, import, export, or have custody, control, 
        or possession of, any fisheries resources taken or retained in 
        violation of this Act or any regulation or permit referred to 
        in paragraph (1) or (2);
            (7) to interfere with, delay, or prevent, by any means, the 
        apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section;
            (8) to knowingly and willfully submit to the Secretary 
        false information (including false information regarding the 
        capacity and extent to which a United States fish processor, on 
        an annual basis, will process a portion of the optimum yield of 
        a fishery that will be harvested by fishing vessels of the 
        United States), regarding any matter that the Secretary is 
        considering in the course of carrying out this Act;
            (9) to assault, resist, oppose, impede, intimidate, 
        sexually harass, bribe, or interfere with any observer on a 
        vessel under this Act, or any data collector employed by or 
        under contract to any person to carry out responsibilities 
        under this Act;
            (10) to engage in fishing activities in violation of any 
        regulation adopted pursuant to this Act;
            (11) to knowingly and willfully ship, transport, purchase, 
        sell, offer for sale, import, export, or have in custody, 
        possession, or control any fisheries resources taken or 
        retained in violation of such regulations;
            (12) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports required by regulations 
        adopted pursuant to this Act to be made, kept, or furnished;
            (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States;
            (14) to import, in violation of any regulation adopted 
        pursuant to this Act, 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 Act;
            (15) to make or submit any false record, account, or label 
        for, or any false identification of, any fisheries resources 
        which has been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce; or
            (16) 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. 8. COOPERATION IN CARRYING OUT CONVENTION.

    (a) Federal and State Agencies; Private Institutions and 
Organizations.--The Secretary may cooperate with any Federal agency, 
any public or private institution or organization within the United 
States or abroad, and, through the Secretary of State, a duly 
authorized official of the government of any party to the North Pacific 
Fisheries Convention, in carrying out responsibilities under this Act.
    (b) Scientific and Other Programs; Facilities and Personnel.--Each 
Federal agency is authorized, upon the request of the Secretary, to 
cooperate in the conduct of scientific and other programs and to 
furnish facilities and personnel for the purpose of assisting the 
Commission in carrying out its duties under the North Pacific Fisheries 
Convention.
    (c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this Act, or in the laws of any State, prevents the 
Secretary or the Commission from--
            (1) conducting or authorizing the conduct of fishing 
        operations and biological experiments at any time for purposes 
        of scientific investigation; or
            (2) discharging any other duties prescribed by the North 
        Pacific Fisheries Convention.
    (d) State Jurisdiction Not Affected.--Nothing in this Act shall be 
construed to diminish or to increase the jurisdiction of any State in 
the territorial sea of the United States.

SEC. 9. 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. 10. 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. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Secretary and the 
Secretary of State such sums as may be necessary to carry out this Act 
and to pay the United States contribution to the Commission under 
Article 12 of the North Pacific Fisheries Convention.
                                                       Calendar No. 405

114th CONGRESS

  2d Session

                                S. 1335

                          [Report No. 114-233]

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

                             March 28, 2016

                       Reported without amendment