[Congressional Record Volume 162, Number 137 (Monday, September 12, 2016)]
[House]
[Pages H5280-H5286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                ENSURING ACCESS TO PACIFIC FISHERIES ACT

  Mrs. RADEWAGEN. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 4576) to implement the Convention on the Conservation and 
Management of High Seas Fisheries Resources in the North Pacific Ocean, 
to implement the Convention on the Conservation and Management of High 
Seas Fishery Resources in the South Pacific Ocean, and for other 
purposes, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 4576

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Ensuring Access to Pacific 
     Fisheries Act''.

       TITLE I--NORTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION

     SEC. 101. DEFINITIONS.

       In this title:
       (1) Commission.--The term ``Commission'' means the North 
     Pacific Fisheries Commission established in accordance with 
     the North Pacific Fisheries Convention.
       (2) Commissioner.--The term ``Commissioner'' means a United 
     States Commissioner appointed under section 102(a).
       (3) Convention area.--The term ``Convention Area'' means 
     the area to which the Convention on the Conservation and 
     Management of High Seas Fisheries Resources in the North 
     Pacific Ocean applies under Article 4 of such Convention.
       (4) Council.--The term ``Council'' means the North Pacific 
     Fishery Management Council, the Pacific Fishery Management 
     Council, or the Western Pacific Fishery Management Council 
     established under section 302 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1852), as the 
     context requires.
       (5) Exclusive economic zone.--The term ``exclusive economic 
     zone'' means--
       (A) with respect to the United States, the zone established 
     by Presidential Proclamation Numbered 5030 of March 10, 1983 
     (16 U.S.C. 1453 note); and
       (B) with respect to a foreign country, a designated zone 
     similar to the zone referred to in subparagraph (A) for that 
     country, consistent with international law.
       (6) Fisheries resources.--
       (A) In general.--Except as provided in subparagraph (B), 
     the term ``fisheries resources'' means all fish, mollusks, 
     crustaceans, and other marine species caught by a fishing 
     vessel within the Convention Area, as well as any products 
     thereof.
       (B) Exclusions.--The term ``fisheries resources'' does not 
     include--
       (i) sedentary species insofar as they are subject to the 
     sovereign rights of coastal nations consistent with Article 
     77, paragraph 4 of the 1982 Convention and indicator species 
     of vulnerable marine ecosystems as listed in, or adopted 
     pursuant to, Article 13, paragraph 5 of the North Pacific 
     Fisheries Convention;
       (ii) catadromous species;
       (iii) marine mammals, marine reptiles, or seabirds; or
       (iv) other marine species already covered by preexisting 
     international fisheries management instruments within the 
     area of competence of such instruments.
       (7) Fishing activities.--
       (A) In general.--The term ``fishing activities'' means--
       (i) the actual or attempted searching for, catching, 
     taking, or harvesting of fisheries resources;
       (ii) engaging in any activity that can reasonably be 
     expected to result in the locating, catching, taking, or 
     harvesting of fisheries resources for any purpose;
       (iii) the processing of fisheries resources at sea;
       (iv) the transshipment of fisheries resources at sea or in 
     port; or
       (v) any operation at sea in direct support of, or in 
     preparation for, any activity described in clauses (i) 
     through (iv), including transshipment.
       (B) Exclusions.--The term ``fishing activities'' does not 
     include any operation related to an emergency involving the 
     health or safety of a crew member or the safety of a fishing 
     vessel.
       (8) Fishing vessel.--The term ``fishing vessel'' means any 
     vessel used or intended for use for the purpose of engaging 
     in fishing activities, including a processing vessel, a 
     support ship, a carrier vessel, or any other vessel directly 
     engaged in such fishing activities.
       (9) High seas.--The term ``high seas'' does not include an 
     area that is within the exclusive economic zone of the United 
     States or of any other country.
       (10) North pacific fisheries convention.--The term ``North 
     Pacific Fisheries Convention'' means the Convention on the 
     Conservation and Management of the High Seas Fisheries 
     Resources in the North Pacific Ocean (including any annexes, 
     amendments, or protocols that are in force, or have come into 
     force) for the United States, which was adopted at Tokyo on 
     February 24, 2012.
       (11) Person.--The term ``person'' means--
       (A) any individual, whether or not a citizen or national of 
     the United States;
       (B) any corporation, partnership, association, or other 
     entity, whether or not organized or existing under the laws 
     of any State; or
       (C) any Federal, State, local, tribal, or foreign 
     government or any entity of such government.
       (12) Secretary.--Except as otherwise specifically provided, 
     the term ``Secretary'' means the Secretary of Commerce.
       (13) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of the Northern Mariana Islands, American Samoa, 
     Guam, and any other commonwealth, territory, or possession of 
     the United States.
       (14) Straddling stock.--The term ``straddling stock'' means 
     a stock of fisheries resources that migrates between, or 
     occurs in, the economic exclusion zone of one or more parties 
     to the Convention and the Convention Area.
       (15) Transshipment.--The term ``transshipment'' means the 
     unloading of any fisheries resources taken in the Convention 
     Area from one fishing vessel to another fishing vessel either 
     at sea or in port.
       (16) 1982 convention.--The term ``1982 Convention'' means 
     the United Nations Convention on the Law of the Sea of 10 
     December 1982.

     SEC. 102. UNITED STATES PARTICIPATION IN THE NORTH PACIFIC 
                   FISHERIES CONVENTION.

       (a) United States Commissioners.--
       (1) Number of commissioners.--The United States shall be 
     represented on the Commission by 5 United States 
     Commissioners.
       (2) Selection of commissioners.--The Commissioners shall be 
     as follows:
       (A) Appointment by the president.--
       (i) In general.--Two of the Commissioners shall be 
     appointed by the President and shall be an officer or 
     employee of--

       (I) the Department of Commerce;
       (II) the Department of State; or
       (III) the Coast Guard.

       (ii) Selection criteria.--In making each appointment under 
     clause (i), the President shall select a Commissioner from 
     among individuals who are knowledgeable or experienced 
     concerning fisheries resources in the North Pacific Ocean.
       (B) North pacific fishery management council.--One 
     Commissioner shall be the chairman of the North Pacific 
     Fishery Management Council or a designee of such chairman.
       (C) Pacific fishery management council.--One Commissioner 
     shall be the chairman of the Pacific Fishery Management 
     Council or a designee of such chairperson.
       (D) Western pacific fishery management council.--One 
     Commissioner shall be the chairman of the Western Pacific 
     Fishery Management Council or a designee of such chairperson.
       (b) Alternate Commissioners.--In the event of a vacancy in 
     a position as a Commissioner appointed under subsection (a), 
     the Secretary of State, in consultation with the Secretary, 
     may designate from time to time and for periods of time 
     considered appropriate an alternate Commissioner to the 
     Commission. An alternate Commissioner may exercise all powers 
     and duties of

[[Page H5281]]

     a Commissioner in the absence of a Commissioner appointed 
     under subsection (a), and shall serve the remainder of the 
     term of the absent Commissioner for which designated.
       (c) Administrative Matters.--
       (1) Employment status.--An individual serving as a 
     Commissioner, or an alternative Commissioner, other than an 
     officer or employee of the United States Government, shall 
     not be considered a Federal employee, except for the purposes 
     of injury compensation or tort claims liability as provided 
     in chapter 81 of title 5, United States Code, and chapter 171 
     of title 28, United States Code.
       (2) Compensation.--An individual serving as a Commissioner 
     or an alternate Commissioner, although an officer of the 
     United States while so serving, shall receive no compensation 
     for the individual's services as such Commissioner or 
     alternate Commissioner.
       (3) Travel expenses.--
       (A) In general.--The Secretary of State shall pay the 
     necessary travel expenses of a Commissioner or an alternate 
     Commissioner in accordance with the Federal Travel 
     Regulations and sections 5701, 5702, 5704 through 5708, and 
     5731 of title 5, United States Code.
       (B) Reimbursement.--The Secretary may reimburse the 
     Secretary of State for amounts expended by the Secretary of 
     State under this paragraph.

     SEC. 103. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
                   STATE.

       The Secretary of State may--
       (1) receive and transmit, on behalf of the United States, 
     reports, requests, recommendations, proposals, decisions, and 
     other communications of and to the Commission;
       (2) in consultation with the Secretary, act upon, or refer 
     to another appropriate authority, any communication received 
     pursuant to paragraph (1);
       (3) with the concurrence of the Secretary, and in 
     accordance with the Convention, object to the decisions of 
     the Commission; and
       (4) request and utilize on a reimbursed or non-reimbursed 
     basis the assistance, services, personnel, equipment, and 
     facilities of other Federal departments and agencies, foreign 
     governments or agencies, or international intergovernmental 
     organizations, in the conduct of scientific research and 
     other programs under this title.

     SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE.

       (a) Promulgation of Regulations.--
       (1) Authority.--The Secretary, in consultation with the 
     Secretary of State and, with respect to enforcement measures, 
     the Secretary of the department in which the Coast Guard is 
     operating, may promulgate such regulations as may be 
     necessary to carry out the United States international 
     obligations under the North Pacific Fisheries Convention and 
     this title, including recommendations and decisions adopted 
     by the Commission.
       (2) Regulations of straddling stocks.--In the 
     implementation of a measure adopted by the Commission that 
     would govern a straddling stock under the authority of a 
     Council, any regulation promulgated by the Secretary to 
     implement such measure within the exclusive economic zone 
     shall be approved by such Council.
       (b) Rule of Construction.--Regulations promulgated under 
     subsection (a) shall be applicable only to a person or a 
     fishing vessel that is or has engaged in fishing activities, 
     or fisheries resources covered by the North Pacific Fisheries 
     Convention under this title.
       (c) Additional Authority.--The Secretary may conduct, and 
     may request and utilize on a reimbursed or nonreimbursed 
     basis the assistance, services, personnel, equipment, and 
     facilities of other Federal departments and agencies in--
       (1) scientific, research, and other programs under this 
     title;
       (2) fishing operations and biological experiments for 
     purposes of scientific investigation or other purposes 
     necessary to implement the North Pacific Fisheries 
     Convention;
       (3) the collection, utilization, and disclosure of such 
     information as may be necessary to implement the North 
     Pacific Fisheries Convention, subject to sections 552 and 
     552a of title 5, United States Code, and section 402(b) of 
     the Magnuson-Stevens Fishery Conservation and Management Act 
     (16 U.S.C. 1881a(b));
       (4) the issuance of permits to owners and operators of 
     United States vessels to engage in fishing activities in the 
     Convention Area seaward of the exclusive economic zone of the 
     United States, under such terms and conditions as the 
     Secretary may prescribe, including the period of time that a 
     permit is valid; and
       (5) if recommended by the United States Commissioners, the 
     assessment and collection of fees, not to exceed 3 percent of 
     the ex-vessel value of fisheries resources harvested by 
     vessels of the United States in fisheries conducted in the 
     Convention Area, to recover the actual costs to the United 
     States to carry out the functions of the Secretary under this 
     title.
       (d) Consistency With Other Laws.--The Secretary shall 
     ensure the consistency, to the extent practicable, of fishery 
     management programs administered under this title, the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 
     U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 
     U.S.C. 973 et seq.), section 401 of Public Law 108-219 (16 
     U.S.C. 1821 note) (relating to Pacific albacore tuna), the 
     Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6901 et seq.), the National 
     Oceanic and Atmospheric Administration Authorization Act of 
     1992 (Public Law 102-567) and the amendments made by that 
     Act, and Public Law 100-629 (102 Stat. 3286).
       (e) Judicial Review of Regulations.--
       (1) In general.--Regulations promulgated by the Secretary 
     under this title shall be subject to judicial review to the 
     extent authorized by, and in accordance with, chapter 7 of 
     title 5, United States Code, if a petition for such review is 
     filed not later than 30 days after the date on which the 
     regulations are promulgated.
       (2) Responses.--Notwithstanding any other provision of law, 
     the Secretary shall file a response to any petition filed in 
     accordance with paragraph (1), not later than 30 days after 
     the date the Secretary is served with that petition, except 
     that the appropriate court may extend the period for filing 
     such a response upon a showing by the Secretary of good cause 
     for that extension.
       (3) Copies of administrative record.--A response of the 
     Secretary under paragraph (2) shall include a copy of the 
     administrative record for the regulations that are the 
     subject of the petition.
       (4) Expedited hearings.--Upon a motion by the person who 
     files a petition under this subsection, the appropriate court 
     shall assign the matter for hearing at the earliest possible 
     date.

     SEC. 105. ENFORCEMENT.

       (a) In General.--The Secretary and the Secretary of the 
     department in which the Coast Guard is operating--
       (1) shall administer and enforce this title and any 
     regulations issued under this title; and
       (2) may request and utilize on a reimbursed or 
     nonreimbursed basis the assistance, services, personnel, 
     equipment, and facilities of other Federal departments and 
     agencies in the administration and enforcement of this title.
       (b) Secretarial Actions.--The Secretary and the Secretary 
     of the department in which the Coast Guard is operating shall 
     prevent any person from violating this title with respect to 
     fishing activities or the conservation of fisheries resources 
     in the Convention Area in the same manner, by the same means, 
     and with the same jurisdiction, powers, and duties as though 
     sections 308 through 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, 
     and 1861) were incorporated into and made a part of this 
     title. Any person that violates this title is subject to the 
     penalties and entitled to the privileges and immunities 
     provided in the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) in the same manner, 
     by the same means, and with the same jurisdiction, power, and 
     duties as though sections 308 through 311 of that Act (16 
     U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and 
     made a part of this title.
       (c) Jurisdiction of the Courts.--
       (1) In general.--Subject to paragraphs (2) and (3), the 
     district courts of the United States shall have jurisdiction 
     over any case or controversy arising under this title, and 
     any such court may at any time--
       (A) enter restraining orders or prohibitions;
       (B) issue warrants, process in rem, or other process;
       (C) prescribe and accept satisfactory bonds or other 
     security; and
       (D) take such other actions as are in the interest of 
     justice.
       (2) Hawaii and pacific insular areas.--In the case of 
     Hawaii or any possession of the United States in the Pacific 
     Ocean, the appropriate court is the United States District 
     Court for the District of Hawaii, except that--
       (A) in the case of Guam and Wake Island, the appropriate 
     court is the United States District Court for the District of 
     Guam; and
       (B) in the case of the Northern Mariana Islands, the 
     appropriate court is the United States District Court for the 
     District of the Northern Mariana Islands.
       (3) Construction.--Each violation shall be a separate 
     offense and the offense is deemed to have been committed not 
     only in the district where the violation first occurred, but 
     also in any other district authorized by law. Any offense not 
     committed in any district is subject to the venue provisions 
     of section 3238 of title 18, United States Code.
       (d) Confidentiality.--
       (1) In general.--Any information submitted to the Secretary 
     in compliance with any requirement under this title, and 
     information submitted under any requirement of this title 
     that may be necessary to implement the Convention, including 
     information submitted before the date of the enactment of 
     this Act, shall be confidential and may not be disclosed, 
     except--
       (A) to a Federal employee who is responsible for 
     administering, implementing, or enforcing this title;
       (B) to the Commission, in accordance with requirements in 
     the North Pacific Fisheries Convention and decisions of the 
     Commission, and, insofar as possible, in accordance with an 
     agreement with the Commission that prevents public disclosure 
     of the identity or business of any person;
       (C) to State, Council, or marine fisheries commission 
     employees pursuant to an agreement with the Secretary that 
     prevents public disclosure of the identity or business of any 
     person;
       (D) when required by court order; or
       (E) when the Secretary has obtained written authorization 
     from the person submitting such information to release such 
     information to another person for a reason not otherwise 
     provided for in this paragraph, and such release does not 
     violate other requirements of this title.
       (2) Use of information.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall promulgate regulations regarding the 
     procedures the Secretary considers necessary to preserve the 
     confidentiality of information submitted under this title.
       (B) Exception.--The Secretary may release or make public 
     information submitted under this title if the information is 
     in any aggregate or

[[Page H5282]]

     summary form that does not directly or indirectly disclose 
     the identity or business of any person.
       (3) Rule of construction.--Nothing in this subsection shall 
     be interpreted or construed to prevent the use for 
     conservation and management purposes by the Secretary of any 
     information submitted under this title.

     SEC. 106. PROHIBITED ACTS.

       It is unlawful for any person--
       (1) to violate this title or any regulation or permit 
     issued under this title;
       (2) to use any fishing vessel to engage in fishing 
     activities without, or after the revocation or during the 
     period of suspension of, an applicable permit issued pursuant 
     to this title;
       (3) to refuse to permit any officer authorized to enforce 
     this title to board a fishing vessel subject to such person's 
     control for the purposes of conducting any search, 
     investigation, or inspection in connection with the 
     enforcement of this title or any regulation, permit, or the 
     North Pacific Fisheries Convention;
       (4) to assault, resist, oppose, impede, intimidate, or 
     interfere with any such authorized officer in the conduct of 
     any search, investigation, or inspection in connection with 
     the enforcement of this title or any regulation, permit, or 
     the North Pacific Fisheries Convention;
       (5) to resist a lawful arrest for any act prohibited by 
     this title or any regulation promulgated or permit issued 
     under this title;
       (6) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fisheries resources taken or retained in violation of 
     this title or any regulation or permit referred to in 
     paragraph (1) or (2);
       (7) to interfere with, delay, or prevent, by any means, the 
     apprehension or arrest of another person, knowing that such 
     other person has committed any act prohibited by this 
     section;
       (8) to submit to the Secretary false information (including 
     false information regarding the capacity and extent to which 
     a United States fish processor, on an annual basis, will 
     process a portion of the optimum yield of a fishery that will 
     be harvested by fishing vessels of the United States), 
     regarding any matter that the Secretary is considering in the 
     course of carrying out this title;
       (9) to assault, resist, oppose, impede, intimidate, 
     sexually harass, bribe, or interfere with any observer on a 
     vessel under this title, or any data collector employed by or 
     under contract to any person to carry out responsibilities 
     under this title;
       (10) to engage in fishing activities in violation of any 
     regulation adopted pursuant to this title;
       (11) to fail to make, keep, or furnish any catch returns, 
     statistical records, or other reports required by regulations 
     adopted pursuant to this title to be made, kept, or 
     furnished;
       (12) to fail to stop a vessel upon being hailed and 
     instructed to stop by a duly authorized official of the 
     United States;
       (13) to import, in violation of any regulation adopted 
     pursuant to this title, any fisheries resources in any form 
     of those species subject to regulation pursuant to a 
     recommendation, resolution, or decision of the Commission, or 
     any fisheries resources in any form not under regulation but 
     under investigation by the Commission, during the period such 
     fisheries resources have been denied entry in accordance with 
     this title;
       (14) to make or submit any false record, account, or label 
     for, or any false identification of, any fisheries resources 
     that have been, or are intended to be imported, exported, 
     transported, sold, offered for sale, purchased, or received 
     in interstate or foreign commerce; or
       (15) to refuse to authorize and accept boarding by a duly 
     authorized inspector pursuant to procedures adopted by the 
     Commission for the boarding and inspection of fishing vessels 
     in the Convention Area.

     SEC. 107. COOPERATION IN CARRYING OUT CONVENTION.

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

     SEC. 108. TERRITORIAL PARTICIPATION.

       The Secretary of State shall ensure participation in the 
     Commission and its subsidiary bodies by the Commonwealth of 
     the Northern Mariana Islands, American Samoa, and Guam to the 
     extent allowed under United States law.

     SEC. 109. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

       Masters of commercial fishing vessels of countries fishing 
     under the management authority of the North Pacific Fisheries 
     Convention that do not carry vessel monitoring systems 
     capable of communicating with United States enforcement 
     authorities shall, prior to or as soon as reasonably possible 
     after, entering and transiting the exclusive economic zone 
     bounded by the Convention Area, ensure that all fishing gear 
     on board the vessel is stowed below deck or otherwise removed 
     from the place it is normally used for fishing activities and 
     placed where it is not readily available for fishing 
     activities.

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

     SEC. 201. DEFINITIONS.

       In this title:
       (1) 1982 convention.--The term ``1982 Convention'' means 
     the United Nations Convention on the Law of the Sea of 10 
     December 1982.
       (2) Commission.--The term ``Commission'' means the 
     Commission of the South Pacific Regional Fisheries Management 
     Organization established in accordance with the South Pacific 
     Fishery Resources Convention.
       (3) Convention area.--The term ``Convention Area'' means 
     the area to which the Convention on the Conservation and 
     Management of High Seas Fishery Resources in the South 
     Pacific Ocean applies under Article 5 of such Convention.
       (4) Council.--The term ``Council'' means the Western 
     Pacific Regional Fishery Management Council.
       (5) Exclusive economic zone.--The term ``exclusive economic 
     zone'' means--
       (A) with respect to the United States, the zone established 
     by Presidential Proclamation Numbered 5030 of March 10, 1983 
     (16 U.S.C. 1453 note); and
       (B) with respect to a foreign country, a designated zone 
     similar to the zone referred to in subparagraph (A) for that 
     country, consistent with international law.
       (6) Fishery resources.--The term ``fishery resources'' 
     means all fish, mollusks, crustaceans, and other marine 
     species, and any products thereof, caught by a fishing vessel 
     within the Convention Area, but excluding--
       (A) sedentary species insofar as they are subject to the 
     national jurisdiction of coastal States pursuant to Article 
     77 paragraph 4 of the 1982 Convention;
       (B) highly migratory species listed in Annex I of the 1982 
     Convention;
       (C) anadromous and catadromous species; and
       (D) marine mammals, marine reptiles and sea birds.
       (7) Fishing.--The term ``fishing''--
       (A) except as provided in subparagraph (B), means--
       (i) the actual or attempted searching for, catching, 
     taking, or harvesting of fishery resources;
       (ii) engaging in any activity that can reasonably be 
     expected to result in the locating, catching, taking or 
     harvesting of fishery resources for any purpose;
       (iii) transshipment and any operation at sea, in support 
     of, or in preparation for, any activity described in this 
     subparagraph; and
       (iv) the use of any vessel, vehicle, aircraft, or 
     hovercraft in relation to any activity described in this 
     subparagraph; and
       (B) does not include any operation related to emergencies 
     involving the health and safety of crew members or the safety 
     of a fishing vessel.
       (8) Fishing vessel.--The term ``fishing vessel'' means any 
     vessel used or intended to be used for fishing, including any 
     fish processing vessel support ship, carrier vessel, or any 
     other vessel directly engaged in fishing operations.
       (9) Person.--The term ``person'' means any individual 
     (whether or not a citizen or national of the United States); 
     any corporation, partnership, association, or other entity 
     (whether or not organized or existing under the laws of any 
     State); and any Federal, State, local, or foreign government 
     or any entity of any such government.
       (10) Secretary.--The term ``Secretary'' means the Secretary 
     of Commerce.
       (11) South pacific fishery resources convention.--The term 
     ``South Pacific Fishery Resources Convention'' means the 
     Convention on the Conservation and Management of the High 
     Seas Fishery Resources in the South Pacific Ocean (including 
     any annexes, amendments, or protocols that are in force, or 
     have come into force, for the United States), which was 
     adopted at Auckland, New Zealand, on November 14, 2009, by 
     the International Consultations on the Proposed South Pacific 
     Regional Fisheries Management Organization.
       (12) State.--The term ``State'' means each of the several 
     States of the United States, the District of Columbia, the 
     Commonwealth of the Northern Mariana Islands, American Samoa, 
     Guam, and any other commonwealth, territory, or possession of 
     the United States.

     SEC. 202. APPOINTMENT OR DESIGNATION OF UNITED STATES 
                   COMMISSIONERS.

       (a) Appointment.--
       (1) In general.--The United States shall be represented on 
     the Commission by not more than 3 Commissioners. In making 
     each appointment, the President shall select a Commissioner 
     from among individuals who are knowledgeable or experienced 
     concerning fishery resources in the South Pacific Ocean.
       (2) Representation.--At least one of the Commissioners 
     shall be--
       (A) serving at the pleasure of the President, an officer or 
     employee of--
       (i) the Department of Commerce;
       (ii) the Department of State; or
       (iii) the Coast Guard; and
       (B) the chairperson or designee of the Council.
       (b) Alternate Commissioners.--The Secretary of State, in 
     consultation with the Secretary, may designate from time to 
     time and for

[[Page H5283]]

     periods of time considered appropriate an alternate 
     Commissioner to the Commission. An alternate Commissioner may 
     exercise all powers and duties of a Commissioner in the 
     absence of a Commissioner appointed under subsection (a).
       (c) Administrative Matters.--
       (1) Employment status.--An individual serving as a 
     Commissioner, or as an alternate Commissioner, other than an 
     officer or employee of the United States Government, shall 
     not be considered a Federal employee, except for the purposes 
     of injury compensation or tort claims liability as provided 
     in chapter 81 of title 5, United States Code, and chapter 171 
     of title 28, United States Code.
       (2) Compensation.--An individual serving as a Commissioner 
     or an alternate Commissioner, although an officer of the 
     United States while so serving, shall receive no compensation 
     for the individual's services as such Commissioner or 
     alternate Commissioner.
       (3) Travel expenses.--
       (A) In general.--The Secretary of State shall pay the 
     necessary travel expenses of a Commissioner or an alternate 
     Commissioner in accordance with the Federal Travel 
     Regulations and sections 5701, 5702, 5704 through 5708, and 
     5731 of title 5, United States Code.
       (B) Reimbursement.--The Secretary may reimburse the 
     Secretary of State for amounts expended by the Secretary of 
     State under this paragraph.

     SEC. 203. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF 
                   STATE.

       The Secretary of State may--
       (1) receive and transmit, on behalf of the United States, 
     reports, requests, recommendations, proposals, decisions, and 
     other communications of and to the Commission;
       (2) in consultation with the Secretary, act upon, or refer 
     to other appropriate authority, any communication pursuant to 
     paragraph (1); and
       (3) with the concurrence of the Secretary, and in 
     accordance with the South Pacific Fishery Resources 
     Convention, object to decisions of the Commission.

     SEC. 204. RESPONSIBILITY OF THE SECRETARY AND RULEMAKING 
                   AUTHORITY.

       (a) Responsibilities.--The Secretary may--
       (1) administer this title and any regulations issued under 
     this title, except to the extent otherwise provided for in 
     this title;
       (2) issue permits to vessels subject to the jurisdiction of 
     the United States, and to owners and operators of such 
     vessels, to fish in the Convention Area, under such terms and 
     conditions as the Secretary may prescribe; and
       (3) if recommended by the United States Commissioners, 
     assess and collect fees, not to exceed 3 percent of the ex-
     vessel value of fisheries resources harvested by vessels of 
     the United States in fisheries conducted in the Convention 
     Area, to recover the actual costs to the United States to 
     carry out the functions of the Secretary under this title.
       (b) Promulgation of Regulations.--
       (1) In general.--The Secretary, in consultation with the 
     Secretary of State and the Secretary of the department in 
     which the Coast Guard is operating, may promulgate such 
     regulations as may be necessary and appropriate to carry out 
     the international obligations of the United States under the 
     South Pacific Fishery Resources Convention and this title, 
     including decisions adopted by the Commission.
       (2) Applicability.--Regulations promulgated under this 
     subsection shall be applicable only to a person or fishing 
     vessel that is or has engaged in fishing, and fishery 
     resources covered by the Convention on the Conservation and 
     Management of High Seas Fishery Resources in the South 
     Pacific Ocean under this title.
       (c) Consistency With Other Laws.--The Secretary shall 
     ensure the consistency, to the extent practicable, of fishery 
     management programs administered under this title, the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.), the Tuna Conventions Act of 1950 (16 
     U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16 
     U.S.C. 973 et seq.), section 401 of Public Law 108-219 (16 
     U.S.C. 1821 note) (relating to Pacific albacore tuna), the 
     Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6901 et seq.), the National 
     Oceanic and Atmospheric Administration Authorization Act of 
     1992 (Public Law 102-567) and the amendments made by that 
     Act, and Public Law 100-629 (102 Stat. 3286).
       (d) Judicial Review of Regulations.--
       (1) In general.--Regulations promulgated by the Secretary 
     under this title shall be subject to judicial review to the 
     extent authorized by, and in accordance with, chapter 7 of 
     title 5, United States Code, if a petition for such review is 
     filed not later than 30 days after the date on which the 
     regulations are promulgated or the action is published in the 
     Federal Register, as applicable.
       (2) Responses.--Notwithstanding any other provision of law, 
     the Secretary shall file a response to any petition filed in 
     accordance with paragraph (1) not later than 30 days after 
     the date the Secretary is served with that petition, except 
     that the appropriate court may extend the period for filing 
     such a response upon a showing by the Secretary of good cause 
     for that extension.
       (3) Copies of administrative record.--A response of the 
     Secretary under paragraph (2) shall include a copy of the 
     administrative record for the regulations that are the 
     subject of the petition.
       (4) Expedited hearings.--Upon a motion by the person who 
     files a petition under this subsection, the appropriate court 
     shall assign the matter for hearing at the earliest possible 
     date.

     SEC. 205. ENFORCEMENT.

       (a) Responsibility.--This title, and any regulations or 
     permits issued under this title, shall be enforced by the 
     Secretary and the Secretary of the department in which the 
     Coast Guard is operating. Such Secretaries shall, and the 
     head of any Federal or State agency that has entered into an 
     agreement with either such Secretary under this section may 
     (if the agreement so provides), authorize officers to enforce 
     this title or any regulation promulgated under this title. 
     Any officer so authorized may enforce this title in the same 
     manner, by the same means, and with the same jurisdiction, 
     powers, and duties as though section 311 of the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1861) were incorporated into and made a part of this title.
       (b) Administration and Enforcement.--The Secretary shall 
     prevent any person from violating this title in the same 
     manner, by the same means, and with the same jurisdiction, 
     powers, and duties as though sections 308 through 311 of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1858 through 1861) were incorporated into and made a 
     part of this title. Any person that violates this title shall 
     be subject to the penalties, and entitled to the privileges 
     and immunities, provided in the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1801 et seq.) in 
     the same manner and by the same means as though sections 308 
     through 311 of that Act (16 U.S.C. 1858 through 1861) were 
     incorporated into and made a part of this title.
       (c) District Court Jurisdiction.--The district courts of 
     the United States shall have jurisdiction over any actions 
     arising under this section. Notwithstanding subsection (b), 
     for the purpose of this section, for Hawaii or any possession 
     of the United States in the Pacific Ocean, the appropriate 
     court is the United States District Court for the District of 
     Hawaii, except that in the case of Guam and Wake Island, the 
     appropriate court is the United States District Court for the 
     District of Guam, and except that in the case of the Northern 
     Mariana Islands, the appropriate court is the United States 
     District Court for the District of the Northern Mariana 
     Islands. Each violation shall be a separate offense and the 
     offense is deemed to have been committed not only in the 
     district where the violation first occurred, but also in any 
     other district as authorized by law. Any offenses not 
     committed in any district are subject to the venue provisions 
     of section 3238 of title 18, United States Code.

     SEC. 206. PROHIBITED ACTS.

       It is unlawful for any person--
       (1) to violate any provision of this title or of any 
     regulation promulgated or permit issued under this title;
       (2) to use any fishing vessel to engage in fishing without 
     a valid permit or after the revocation, or during the period 
     of suspension, of an applicable permit pursuant to this 
     title;
       (3) to refuse to permit any officer authorized to enforce 
     this title to board a fishing vessel subject to such person's 
     control for the purposes of conducting any investigation or 
     inspection in connection with the enforcement of this title;
       (4) to assault, resist, oppose, impede, intimidate, or 
     interfere with any such authorized officer in the conduct of 
     any search, investigation, or inspection in connection with 
     the enforcement of this title or any regulation promulgated 
     or permit issued under this title;
       (5) to resist a lawful arrest for any act prohibited by 
     this title or any regulation promulgated or permit issued 
     under this title;
       (6) to ship, transport, offer for sale, sell, purchase, 
     import, export, or have custody, control, or possession of, 
     any fishery resources taken or retained in violation of this 
     title or any regulation or permit referred to in paragraph 
     (1) or (2);
       (7) to interfere with, delay, or prevent, by any means, the 
     apprehension or arrest of another person, knowing that such 
     other person has committed any act prohibited by this title;
       (8) to submit to the Secretary false information, regarding 
     any matter that the Secretary is considering in the course of 
     carrying out this title;
       (9) to assault, resist, oppose, impede, intimidate, 
     sexually harass, bribe, or interfere with any observer on a 
     vessel pursuant to the requirements of this title, or any 
     data collector employed by the National Oceanic and 
     Atmospheric Administration or under contract to any person to 
     carry out responsibilities under this title;
       (10) to fail to make, keep, or furnish any catch returns, 
     statistical records, or other reports as are required by 
     regulations adopted pursuant to this title to be made, kept, 
     or furnished;
       (11) to fail to stop a vessel upon being hailed and 
     instructed to stop by a duly authorized official of the 
     United States;
       (12) to import, in violation of any regulation promulgated 
     under this title, any fishery resources in any form of those 
     species subject to regulation pursuant to a decision of the 
     Commission;
       (13) to make or submit any false record, account, or label 
     for, or any false identification of, any fishery resources 
     that have been or are intended to be imported, exported, 
     transported, sold, offered for sale, purchased, or received 
     in interstate or foreign commerce; or
       (14) to refuse to authorize and accept boarding by a duly 
     authorized inspector pursuant to procedures adopted by the 
     Commission for the boarding and inspection of fishing vessels 
     in the Convention Area.

     SEC. 207. COOPERATION IN CARRYING OUT THE CONVENTION.

       (a) Federal and State Agencies; Private Institutions and 
     Organizations.--The Secretary may cooperate with agencies of 
     the United States Government, any public or private 
     institutions or organizations within the United States or 
     abroad, and, through the Secretary of State, the duly 
     authorized officials of the government of any party to the 
     South Pacific Fishery Resources Convention, in carrying out 
     responsibilities under this title.

[[Page H5284]]

       (b) Scientific and Other Programs; Facilities and 
     Personnel.--All Federal agencies may, upon the request of the 
     Secretary, cooperate in the conduct of scientific and other 
     programs and to furnish facilities and personnel for the 
     purpose of assisting the Commission in carrying out its 
     duties under the South Pacific Fishery Resources Convention.
       (c) Sanctioned Fishing Operations and Biological 
     Experiments.--Nothing in this title, or in the laws or 
     regulations of any State, prevents the Secretary or the 
     Commission from--
       (1) conducting or authorizing the conduct of fishing 
     operations and biological experiments at any time for 
     purposes of scientific investigation; or
       (2) discharging any other duties prescribed by the South 
     Pacific Fishery Resources Convention.
       (d) State Jurisdiction Not Affected.--Nothing in this title 
     shall be construed to diminish or to increase the 
     jurisdiction of any State in the territorial sea of the 
     United States.

     SEC. 208. TERRITORIAL PARTICIPATION.

       The Secretary of State shall ensure participation in the 
     Commission and its subsidiary bodies by American Samoa, Guam, 
     and the Commonwealth of the Northern Mariana Islands to the 
     extent allowed under United States law.

     SEC. 209. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.

       Masters of commercial fishing vessels of countries fishing 
     under the management authority of the South Pacific Fisheries 
     Convention that do not carry vessel monitoring systems 
     capable of communicating with United States enforcement 
     authorities shall, before or as soon as reasonably possible 
     after, entering and transiting the exclusive economic zone 
     bounded by the Convention Area, ensure that all fishing gear 
     on board the vessel is stowed below deck or otherwise removed 
     from the place it is normally used for fishing activities and 
     placed where it is not readily available for fishing 
     activities.

      TITLE III--WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION

     SEC. 301. RECOMMENDATIONS FOR AGENDA OF ANNUAL MEETINGS OF 
                   WESTERN AND CENTRAL PACIFIC FISHERIES 
                   COMMISSION.

       (a) In General.--The Western and Central Pacific Fisheries 
     Convention Implementation Act is amended--
       (1) in section 503 (16 U.S.C. 6902)--
       (A) in subsection (a), by inserting ``and commercial 
     fishing'' after ``fish stocks''; and
       (B) in subsection (d)(1), by adding at the end the 
     following:
       ``(E) Agenda recommendations.--No later than 30 days before 
     each annual meeting of the Commission, the Advisory Committee 
     shall transmit to the United States Commissioners 
     recommendations relating to the agenda of the annual meeting. 
     The recommendations must be agreed to by a majority of the 
     Advisory Committee members. The United States Commissioners 
     shall consider such recommendations, along with additional 
     views transmitted by Advisory Committee members, in the 
     formulation of the United States position for the Commission 
     meeting and during the negotiations at that meeting.''; and
       (2) by redesignating section 511 (16 U.S.C. 6910) as 
     section 512, and inserting after section 510 the following:

     ``SEC. 511. UNITED STATES CONSERVATION, MANAGEMENT, AND 
                   ENFORCEMENT OBJECTIVES.

       ``The Secretary, in consultation with the Secretary of 
     State, in the course of negotiations, shall seek to--
       ``(1) minimize any disadvantage to United States fishermen 
     in relation to other members of the Commission;
       ``(2) maximize the opportunities for fishing vessels of the 
     United States to harvest fish stocks on the high seas in the 
     Convention area, recognizing that such harvests may be 
     restricted if the Commission, based on the best available 
     scientific information provided by the Scientific Committee, 
     determines it is necessary to achieve the conservation 
     objective set forth in Article 2 of the Convention;
       ``(3) prevent any requirement for the transfer to other 
     nations or foreign entities of the fishing capacity, fishing 
     capacity rights, or fishing vessels of the United States or 
     its territories, unless any such requirement is voluntary and 
     market-based; and
       ``(4) ensure that conservation and management measures take 
     into consideration traditional fishing patterns of fishing 
     vessels of the United States and the operating requirements 
     of the fisheries covered by the Western and Central Pacific 
     Convention.''.
       (b) Conforming Amendment.--Section 1(b) of the Magnuson-
     Stevens Fishery Conservation and Management Reauthorization 
     Act of 2006 is amended in the table of contents by striking 
     the item relating to section 511 (121 Stat. 3576) and 
     inserting the following:

``Sec. 511. United States conservation, management, and enforcement 
              objectives.
``Sec. 512. Authorization of appropriations.''.

         TITLE IV--ILLEGAL, UNREGULATED, AND UNREPORTED FISHING

     SEC. 401. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING 
                   MORATORIUM PROTECTION ACT.

       (a) Application of Act.--Section 606(b) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826g(b)) is amended by striking ``and'' at the end of 
     paragraph (7), striking the period at the end of paragraph 
     (8) and inserting ``; and'' , and by adding at the end the 
     following:
       ``(9) the Ensuring Access to Pacific Fisheries Act.''.
       (b) Biennial Reports.--Section 607 of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826h) 
     is amended by inserting ``on June 1 of that year'' after 
     ``every 2 years thereafter,''.
       (c) Identification of Vessels.--Section 609(a) of the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(a)) is amended by striking ``fishing vessels of that 
     nation are engaged, or have'' and inserting ``any fishing 
     vessel of that nation is engaged, or has''.
       (d) Identification of Nations.--Section 610(a)(2)(A) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826k) is amended by striking ``calendar year'' and 
     inserting ``3 years''.

    TITLE V--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

     SEC. 501. SHORT TITLE; REFERENCES TO THE NORTHWEST ATLANTIC 
                   FISHERIES CONVENTION ACT OF 1995.

       (a) Short Title.--This title may be cited as the 
     ``Northwest Atlantic Fisheries Convention Amendments Act''.
       (b) References to the Northwest Atlantic Fisheries 
     Convention Act of 1995.--Except as otherwise expressly 
     provided, whenever in this title an amendment or repeal is 
     expressed in terms of an amendment to, or repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of the Northwest 
     Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et 
     seq.).

     SEC. 502. REPRESENTATION OF THE UNITED STATES UNDER 
                   CONVENTION.

       Section 202 (16 U.S.C. 5601) is amended--
       (1) in subsection (a)(1), by striking ``General Council and 
     the Fisheries'';
       (2) in subsection (b)(1), by striking ``at a meeting of the 
     General Council or the Fisheries Commission'';
       (3) in subsection (b)(2), by striking ``, at any meeting of 
     the General Council or the Fisheries Commission for which the 
     Alternate Commissioner is designated'';
       (4) in subsection (d)(1), by striking ``at a meeting of the 
     Scientific Council'';
       (5) in subsection (d)(2), by striking ``, at any meeting of 
     the Scientific Council for which the Alternate Representative 
     is designated''; and
       (6) in subsection (f)(1)(A), by striking ``Magnuson Act'' 
     and inserting ``Magnuson-Stevens Fishery Conservation and 
     Management Act''.

     SEC. 503. REQUESTS FOR SCIENTIFIC ADVICE.

       Section 203 (16 U.S.C. 5602) is amended--
       (1) in subsection (a)--
       (A) by striking ``The Representatives may'' and inserting 
     ``A Representative may'';
       (B) by striking ``described in subsection (b)(1) or (2)'' 
     and inserting ``described in paragraph (1) or (2) of 
     subsection (b)''; and
       (C) by striking ``the Representatives have'' and inserting 
     ``the Representative has'';
       (2) by striking ``VII(1)'' each place it appears and 
     inserting ``VII(10)(b)''; and
       (3) in subsection (b)(2), by striking ``VIII(2)'' and 
     inserting ``VII(11)''.

     SEC. 504. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO 
                   CONVENTION.

       Section 204 (16 U.S.C. 5603) is amended by striking 
     ``Fisheries Commission'' each place it appears and inserting 
     ``Commission consistent with the procedures detailed in 
     Articles XIV and XV of the Convention''.

     SEC. 505. INTERAGENCY COOPERATION.

       Section 205(a) (16 U.S.C. 5604(a)) is amended to read as 
     follows:
       ``(a) Authorities of the Secretary.--In carrying out the 
     provisions of the Convention and this title, the Secretary 
     may arrange for cooperation with--
       ``(1) any department, agency, or instrumentality of the 
     United States;
       ``(2) a State;
       ``(3) a Council; or
       ``(4) a private institution or an organization.''.

     SEC. 506. PROHIBITED ACTS AND PENALTIES.

       Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended by 
     striking ``fish'' and inserting ``fishery resources''.

     SEC. 507. CONSULTATIVE COMMITTEE.

       Section 208 (16 U.S.C. 5607) is amended--
       (1) in subsection (b)(2), by striking ``two'' and inserting 
     ``2''; and
       (2) in subsection (c), by striking ``General Council or the 
     Fisheries'' each place it appears.

     SEC. 508. DEFINITIONS.

       Section 210 (16 U.S.C. 5609) is amended to read as follows:

     ``SEC. 210. DEFINITIONS.

       ``In this title:
       ``(1) 1982 convention.--The term `1982 Convention' means 
     the United Nations Convention on the Law of the Sea of 10 
     December 1982.
       ``(2) Authorized enforcement officer.--The term `authorized 
     enforcement officer' means a person authorized to enforce 
     this title, any regulation issued under this title, or any 
     measure that is legally binding on the United States under 
     the Convention.
       ``(3) Commission.--The term `Commission' means the body 
     provided for by Articles V, VI, XIII, XIV, and XV of the 
     Convention.
       ``(4) Commissioner.--The term `Commissioner' means a United 
     States Commissioner to the Northwest Atlantic Fisheries 
     Organization appointed under section 202.
       ``(5) Convention.--The term `Convention' means the 
     Convention on Future Multilateral Cooperation in the 
     Northwest Atlantic Fisheries, done at Ottawa on October 24, 
     1978, and as amended on September 28, 2007.
       ``(6) Convention area.--The term `Convention Area' means 
     the waters of the Northwest Atlantic Ocean north of 3500' N 
     and west of a line extending due north from 3500' N and 
     4200' W to 5900' N, thence due west to 4400' W, and thence 
     due north to the coast of Greenland, and the waters of the 
     Gulf of St. Lawrence, Davis Strait and Baffin Bay south of 
     7810' N.
       ``(7) Council.--The term `Council' means the New England 
     Fishery Management Council or the Mid-Atlantic Fishery 
     Management Council.

[[Page H5285]]

       ``(8) Fishery resources.--
       ``(A) In general.--The term `fishery resources' means all 
     fish, mollusks, and crustaceans, including any products 
     thereof, within the Convention Area.
       ``(B) Exclusions.--The term `fishery resources' does not 
     include--
       ``(i) sedentary species over which coastal States may 
     exercise sovereign rights consistent with Article 77 of the 
     1982 Convention; or
       ``(ii) in so far as they are managed under other 
     international treaties, anadromous and catadromous stocks and 
     highly migratory species listed in Annex I of the 1982 
     Convention.
       ``(9) Fishing activities.--
       ``(A) In general.--The term `fishing activities' means 
     harvesting or processing fishery resources, or transhipping 
     of fishery resources or products derived from fishery 
     resources, or any other activity in preparation for, in 
     support of, or related to the harvesting of fishery 
     resources.
       ``(B) Inclusions.--The term `fishing activities' includes--
       ``(i) the actual or attempted searching for or catching or 
     taking of fishery resources;
       ``(ii) any activity that can reasonably be expected to 
     result in locating, catching, taking, or harvesting of 
     fishery resources for any purpose; and
       ``(iii) any operation at sea in support of, or in 
     preparation for, any activity described in this paragraph.
       ``(C) Exclusions.--The term `fishing activities' does not 
     include any operation related to emergencies involving the 
     health and safety of crew members or the safety of a vessel.
       ``(10) Fishing vessel.--
       ``(A) In general.--The term `fishing vessel' means a vessel 
     that is or has been engaged in fishing activities.
       ``(B) Inclusions.--The term `fishing vessel' includes a 
     fish processing vessel or a vessel engaged in transshipment 
     or any other activity in preparation for or related to 
     fishing activities, or in experimental or exploratory fishing 
     activities.
       ``(11) Organization.--The term `Organization' means the 
     Northwest Atlantic Fisheries Organization provided for by 
     Article V of the Convention.
       ``(12) Person.--The term `person' means any individual 
     (whether or not a citizen or national of the United States), 
     and any corporation, partnership, association, or other 
     entity (whether or not organized or existing under the laws 
     of any State).
       ``(13) Representative.--The term `Representative' means a 
     United States Representative to the Northwest Atlantic 
     Fisheries Scientific Council appointed under section 202.
       ``(14) Scientific council.--The term `Scientific Council' 
     means the Scientific Council provided for by Articles V, VI, 
     and VII of the Convention.
       ``(15) Secretary.--The term `Secretary' means the Secretary 
     of Commerce.
       ``(16) State.--The term `State' means each of the several 
     States of the United States, the District of Columbia, and 
     any other commonwealth, territory, or possession of the 
     United States.
       ``(17) Transshipment.--The term `transshipment' means the 
     unloading of all or any of the fishery resources on board a 
     fishing vessel to another fishing vessel either at sea or in 
     port.''.

     SEC. 509. QUOTA ALLOCATION PRACTICE.

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

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
American Samoa (Mrs. Radewagen) and the gentleman from the Northern 
Mariana Islands (Mr. Sablan) each will control 20 minutes.
  The Chair recognizes the gentlewoman from American Samoa.


                             General Leave

  Mrs. RADEWAGEN. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days to revise and extend their remarks and 
include extraneous materials on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from American Samoa?
  There was no objection.
  Mrs. RADEWAGEN. Mr. Speaker, I yield myself such time as I may 
consume.
  Mr. Speaker, in American Samoa, there are no issues that carry more 
weight to the people who I represent than those of our fisheries, which 
comprise over 80 percent of the island's revenue generation. It is for 
that reason I introduced the Ensuring Access to Pacific Fisheries Act 
with my colleague from Alaska, Congressman Don Young.
  Our bill ensures that our fishermen can operate on a level playing 
field with foreign nation vessels. Specifically, the bill implements 
U.S. participation in two new international fishery management 
agreements to which the United States helped negotiate: the Convention 
on the Conservation and Management of High Seas Fisheries Resources in 
the North Pacific Ocean and the Convention on the Conservation and 
Management of High Seas Fishery Resources in the South Pacific Ocean. 
The bill also includes the Northwest Atlantic Fisheries Convention Act 
which was adopted from the Senate bill, among other provisions.
  I am proud to say that this bill does exactly what the title 
suggests. It ensures our fishermen's access to fisheries in 
international waters where we set the example for the rest of the world 
on how to best manage and conserve the ocean's resources.
  Based on the administration's proposal, this bill makes necessary 
additions to ensure that our fishermen are properly represented in 
these international forums. Specifically, the first two titles of this 
bill ensure participation of the relevant regional fishery management 
councils and territories in the international negotiations of the North 
and South Pacific Commissions.
  However, it is the third title of this bill that matters most to the 
people of American Samoa and our other fishing communities. Title III 
makes critical amendments to the Western and Central Pacific Fisheries 
Convention Implementation Act to minimize the disadvantage and maximize 
opportunities for our fishing fleets, especially those targeting 
migratory tuna stocks in the Pacific, which are essential to the 
stability of the American Samoa economy.
  Our committee heard firsthand during the hearing on this bill last 
March that science has taken a back seat to geopolitics in these 
negotiations, and our fishermen are bearing the burden, especially 
those in the area of fishing for bigeye tuna.
  In an effort to remain fair and true to the fishermen in American 
Samoa, title III also ensures access to traditional fishing grounds, 
which our people have utilized for centuries and long before any 
relationship with the United States, by requiring such grounds to be 
considered in any formal stance taken by United States commissioners at 
the WCPFC.
  These are necessary measures due to the pressures facing the industry 
from all sides, from the closing off of large swaths of the ocean, 
which the American Samoan people have utilized for centuries, to 
irresponsible federally mandated wage hikes which aim to put our remote 
and economically isolated islands on the same level as the States.

                              {time}  1630

  It is clear that we must ensure that those who are negotiating on 
behalf of our interests are doing just that, if we are to have any sort 
of viable fishing industry at all.
  I want to thank the minority side for working with us in a bipartisan 
fashion on this bill. Their input and suggestions were very helpful in 
crafting this bill and allowing it to pass by unanimous consent. I 
would also like to thank the executive directors of the North Pacific 
and Western Pacific Councils for working with us as well. It is always 
helpful when drafting a bill to make sure that those affected by it 
have some input in the process.
  Mr. Speaker, I thank Chairman Kevin Brady of the Ways and Means 
Committee for agreeing to help expedite consideration of this bill 
today. This bill, particularly title III, is of the utmost importance 
to the people of American Samoa.
  I respectfully urge my colleagues to support this important 
legislation.
  Mr. Speaker, I reserve the balance of my time.

                                         House of Representatives,


                               Committee on Natural Resources,

                                   Washington, DC, August 3, 2016.
     Hon. Kevin Brady,
     Chairman, Committee on Ways and Means,
     Washington, DC.
       Dear Mr. Chairman: On July 13, 2016, the Committee on 
     Natural Resources favorably reported as amended H.R. 4576, 
     the Ensuring Access to Pacific Fisheries Act, by unanimous 
     consent. My staff has shared the reported text of the bill 
     with your staff.
       The reported bill contains provisions regarding fishery 
     exports and imports, a matter within the jurisdiction of the 
     Committee on Ways and Means. I ask that the Committee on Ways 
     and Means not seek a sequential referral of the bill so that 
     it may be scheduled by the Majority Leader when the House 
     returns from the August District Work Period. This concession 
     in no way affects your jurisdiction over the subject matter 
     of the bill, and it will not serve as precedent for future 
     referrals. In addition, should a conference on the bill be 
     necessary, I would support your request to have the Committee 
     on Ways and Means represented on the conference committee. 
     Finally, I would be pleased to include this letter and any 
     response in the Congressional Record to document this 
     agreement.
       Thank you for your consideration of my request, and I look 
     forward to further opportunities to work with you this 
     Congress.
           Sincerely,
                                                       Rob Bishop,
                                                         Chairman.

[[Page H5286]]

     
                                  ____
                                         House of Representatives,


                                  Committee on Ways and Means,

                                   Washington, DC, August 3, 2016.
     Hon. Rob Bishop,
     Chairman, Committee on Natural Resources,
     Washington, DC.
       Dear Chairman Bishop: Thank you for your letter concerning 
     H.R. 4576, the ``Ensuring Access to Pacific Fisheries Act.'' 
     As you note, the bill contains provisions within the Rule X 
     jurisdiction of the Committee on Ways and Means.
       I appreciate your willingness to work with my Committee on 
     this legislation. In order to allow H.R. 4576 to move 
     expeditiously to the House floor, I will not seek a 
     sequential referral on this bill. The Committee on Ways and 
     Means takes this action with our mutual understanding that by 
     foregoing formal consideration of H.R. 4576, we do not waive 
     any jurisdiction over subject matter contained in this or 
     similar legislation, and that our Committee will be 
     appropriately consulted and involved as this bill or similar 
     legislation moves forward. Our Committee also reserves the 
     right to seek appointment of an appropriate number of 
     conferees to any House-Senate conference involving this or 
     similar legislation, and asks that you support any such 
     request.
       I would appreciate your response to this letter confirming 
     this understanding, and would request that you include a copy 
     of this letter and your response in the Congressional Record 
     during the floor consideration of this bill. Thank you in 
     advance for your cooperation.
           Sincerely,
                                                      Kevin Brady,
                                                         Chairman.

  Mr. SABLAN. Mr. Chairman, I yield myself such time as I may consume.
  This bill implements two important fisheries treaties: the Convention 
on the Conservation and Management of High Seas Fisheries Resources in 
the North Pacific Ocean and the Convention on the Conservation and 
Management of High Seas Fisheries Resources in the South Pacific Ocean. 
These treaties cover bottom- and mid-water fisheries in the Pacific 
Ocean's international waters, and implementing them will give the 
United States a seat at the table to ensure access for our fishermen 
and sound management of the resource.
  H.R. 4576 also updates the Northwest Atlantic Fisheries Convention 
Act and amends the Western and Central Pacific Fisheries Convention 
Act, and makes important changes to the High Seas Driftnet Fishing 
Moratorium Protection Act. This set of changes will enhance our ability 
to combat illegal, unreported, and unregulated fishing and give greater 
protection to sharks.
  I applaud the efforts of the gentlewoman from American Samoa (Mrs. 
Radewagen) to bring this bill to the floor in its current form.
  I urge my colleagues to join me in supporting it.
  Mr. Speaker, I have no further speakers, and I yield back the balance 
of my time.
  Mrs. RADEWAGEN. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from American Samoa (Mrs. Radewagen) that the House suspend 
the rules and pass the bill, H.R. 4576, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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