[Congressional Record Volume 162, Number 78 (Tuesday, May 17, 2016)]
[Senate]
[Pages S2902-S2909]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 4003. Ms. COLLINS (for Mr. Sullivan (for himself, Mr. Schatz, and
Mr. Markey)) proposed an amendment to the bill S. 1335, 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; as follows:
Strike all after the enacting clause and insert the
following:
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: 2000'00"N, 18000'00"E/W; 1000'00"N
18000'00"E/W; 1000'00"N, 14000'00"W; 2000'00"N,
14000'00"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.
[[Page S2903]]
(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
[[Page S2904]]
(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;
[[Page S2905]]
(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
[[Page S2906]]
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
[[Page S2907]]
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
[[Page S2908]]
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-
[[Page S2909]]
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 3500' N
and west of a line extending due north from 3500' N and
4200' W to 5900' N, thence due west to 4400' W, and thence
due north to the coast of Greenland, and the waters of the
Gulf of St. Lawrence, Davis Strait and Baffin Bay south of
7810' N.
``(7) Council.--The term `Council' means the New England
Fishery Management Council or the Mid-Atlantic Fishery
Management Council.
``(8) Fishery resources.--
``(A) In general.--The term `fishery resources' means all
fish, mollusks, and crustaceans, including any products
thereof, within the Convention Area.
``(B) Exclusions.--The term `fishery resources' does not
include--
``(i) sedentary species over which coastal States may
exercise sovereign rights consistent with Article 77 of the
1982 Convention; or
``(ii) in so far as they are managed under other
international treaties, anadromous and catadromous stocks and
highly migratory species listed in Annex I of the 1982
Convention.
``(9) Fishing activities.--
``(A) In general.--The term `fishing activities' means
harvesting or processing fishery resources, or transhipping
of fishery resources or products derived from fishery
resources, or any other activity in preparation for, in
support of, or related to the harvesting of fishery
resources.
``(B) Inclusions.--The term `fishing activities' includes--
``(i) the actual or attempted searching for or catching or
taking of fishery resources;
``(ii) any activity that can reasonably be expected to
result in locating, catching, taking, or harvesting of
fishery resources for any purpose; and
``(iii) any operation at sea in support of, or in
preparation for, any activity described in this paragraph.
``(C) Exclusions.--The term `fishing activities' does not
include any operation related to emergencies involving the
health and safety of crew members or the safety of a vessel.
``(10) Fishing vessel.--
``(A) In general.--The term `fishing vessel' means a vessel
that is or has been engaged in fishing activities.
``(B) Inclusions.--The term `fishing vessel' includes a
fish processing vessel or a vessel engaged in transshipment
or any other activity in preparation for or related to
fishing activities, or in experimental or exploratory fishing
activities.
``(11) Organization.--The term `Organization' means the
Northwest Atlantic Fisheries Organization provided for by
Article V of the Convention.
``(12) Person.--The term `person' means any individual
(whether or not a citizen or national of the United States),
and any corporation, partnership, association, or other
entity (whether or not organized or existing under the laws
of any State).
``(13) Representative.--The term `Representative' means a
United States Representative to the Northwest Atlantic
Fisheries Scientific Council appointed under section 202.
``(14) Scientific council.--The term `Scientific Council'
means the Scientific Council provided for by Articles V, VI,
and VII of the Convention.
``(15) Secretary.--The term `Secretary' means the Secretary
of Commerce.
``(16) State.--The term `State' means each of the several
States of the United States, the District of Columbia, and
any other commonwealth, territory, or possession of the
United States.
``(17) Transshipment.--The term `transshipment' means the
unloading of all or any of the fishery resources on board a
fishing vessel to another fishing vessel either at sea or in
port.''.
SEC. 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.
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