[House Report 114-718]
[From the U.S. Government Publishing Office]


114th Congress    }                                    {        Report
                        HOUSE OF REPRESENTATIVES
 2d Session       }                                    {       114-718

======================================================================



 
                ENSURING ACCESS TO PACIFIC FISHERIES ACT

                                _______
                                

 September 6, 2016.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

Mr. Bishop of Utah, from the Committee on Natural Resources, submitted 
                             the following

                              R E P O R T

                        [To accompany H.R. 4576]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
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, having 
considered the same, report favorably thereon with an amendment 
and recommend that the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

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 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 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 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.
  (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.
          ``(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.

                          Purpose of the Bill

    The purpose of H.R. 4576 is to implement the Convention on 
the Conservation and Management of High Seas Fisheries 
Resources in the North Pacific Ocean, and to implement the 
Convention on the Conservation and Management of High Seas 
Fishery Resources in the South Pacific Ocean.

                  Background and Need for Legislation

    H.R. 4576, as amended, implements U.S. participation in 
three international fishery management agreements: the 
Convention on the Conservation and Management of High Seas 
Fisheries Resources in the North Pacific Ocean; the Convention 
on the Conservation and Management of High Seas Fishery 
Resources in the South Pacific Ocean; and the Convention on 
Future Multilateral Cooperation in the Northwest Atlantic 
Fisheries.
    The bill also amends the Western and Central Pacific 
Fisheries Convention Implementation Act (Public Law 109-479, 16 
U.S.C. 6901 et seq.) to help ensure that U.S. Commissioners to 
the Western and Central Pacific Fisheries Convention advocate 
positions that minimize disadvantages to U.S. fishermen in 
relation to other foreign entities party to that Convention.
    The coordinated management of shared fishery stocks in 
international waters (201 or more miles from U.S. shore) is 
accomplished by nations participating in Regional Fisheries 
Management Organizations (RFMOs). According to the U.S. State 
Department, these international commissions guide and 
coordinate the fisheries management activities of multiple 
nations in a specific region. There are a number of RFMOs that 
the U.S. is party to, with the five major RFMOs being the 
Commission for the Conservation of Southern Bluefin Tuna, the 
Inter-American Tropical Tuna Commission, the International 
Commission for the Conservation of Atlantic Tuna, the Indian 
Ocean Tuna Commission, and the Western and Central Pacific 
Fisheries Commission.
    According to the United Nations Food and Agriculture 
Organization, an RFMO--comprised of designees from each 
participating country and territory--fosters cooperative 
management of these shared resources. Cooperation under such a 
convention allows the U.S. to address fisheries resources not 
covered under preexisting fisheries management instruments and 
helps to prevent destructive fishing practices by other 
participating nations that may hurt domestic fisheries. H.R. 
4576 authorizes the U.S. to participate and enforce regulations 
set by three RMFOs.
    In 2006, delegations from the U.S., Japan, South Korea, and 
Russia met to begin negotiations on an agreement to address 
deep sea fishing practices occurring outside areas of national 
jurisdiction. The Convention, adopted in February 2012, 
established the North Pacific Fisheries Commission (NPFC). 
Through the NPFC, participating nations will cooperate to 
facilitate fisheries management. According to the NPFC, the 
Commission officially entered into force in July 2015 and is 
comprised of Canada, China, Japan, South Korea, Russia, Taiwan, 
and the U.S. The Convention also establishes a Scientific 
Committee and a Technical Compliance Committee to aid the NPFC 
in its decision making. These ``subsidiary bodies'' shall 
provide a report on the work of the NPFC after each meeting and 
advise and recommend actions as appropriate.
    In 2006, delegations from Australia, Chile, and New Zealand 
began negotiations on an agreement to address fishing practices 
occurring outside areas of national jurisdiction. The United 
States, Belize, China, Denmark, Ecuador, the European Union, 
South Korea, Russia, Peru, several Pacific Island States, and 
Taiwan soon joined the negotiations. These negotiations 
resulted in a series of international meetings that ultimately 
led to the South Pacific Fisheries Convention, which was 
formally adopted by the negotiating parties on November 14, 
2009. The Convention established the South Pacific Regional 
Fisheries Management Organization (SPRFMO). As spelled out in 
the Convention, a number of committees are established under 
the purview of the SPRFMO that are tasked with helping carry 
out the objectives set forth by the Convention: a Scientific 
Committee; a Compliance and Technical Committee; an Eastern 
Sub-regional Management Committee; a Western Sub-regional 
Management Committee; and a Finance and Administration 
Committee.
    On April 22, 2013, the Obama Administration transmitted 
both the North and South Pacific Conventions to the U.S. Senate 
for ratification. Following the Senate's ratification on April 
3, 2014, the Administration determined that both agreements 
were not self-executing, and that legislation was necessary to 
implement both conventions. H.R. 4576 implements both 
Conventions with a few changes proposed by some domestic 
regional fishery management councils. These changes to the 
Administration's proposal are necessary to ensure the councils' 
participation in the North and South Pacific Commissions while 
also assuring that any regulations adopted by the Commissions 
cannot supersede those of domestic federal fisheries managers. 
H.R. 4576 also ensures participation in these Commissions by 
the applicable U.S. Territories.
    The bill also amends the Western and Central Pacific 
Fisheries Convention Implementation Act to help ensure access 
and equal treatment of United States boats fishing in the 
Convention waters. During the March 1, 2016, Subcommittee on 
Water, Power and Oceans hearing on H.R. 4576, regional fishery 
managers expressed serious concerns over the negotiation 
tactics and stances taken by the U.S. Commissioners of another 
RMFO, the Western and Central Pacific Fisheries Convention 
(WCPFC).\1\ Title III of H.R. 4576 rectifies this by requiring 
that, in WCPFC negotiations, U.S. Commissioners advocate 
positions that minimize disadvantage to U.S. fishermen in 
relation to those of other participating nations while also 
requiring that the advisory committee to the U.S. Commissioners 
provide formal comments related to the formal agenda of a WCPFC 
meeting. Title III is important to American Samoa and other 
U.S. territories and U.S. tuna fishermen in the Pacific.
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    The Northwest Atlantic Fisheries Organization (NAFO) is an 
RFMO with a mandate to provide scientific advice and management 
of fisheries in the northwestern part of the Atlantic Ocean. 
Established in 1979, NAFO facilitates the long-term and 
sustainable use of most high-seas fisheries in the Northwest 
Atlantic. According to the Convention, NAFO's Convention area 
includes federal waters from Cape Hatteras, North Carolina, to 
Maine, although NAFO management measures apply primarily to the 
high seas portion of the Convention area. The United States 
joined NAFO in 1995.
    According to NAFO, the RFMO launched a reform process in 
2005 intended to improve the way it adopts conservation and 
management measures, strengthen compliance and enforcement 
provisions, and revise its underlying Convention. The United 
States was a leading voice in this effort, advocating to bring 
NAFO more in line with the principles of modern fisheries 
management and to address longstanding concerns about catch 
allocations and fair participation. The negotiations culminated 
on September 28, 2007, with the adoption of the Amendment to 
the Convention on Future Multilateral Cooperation in the 
Northwest Atlantic Fisheries.
    Ensuring equitable budget contributions has long been a 
priority for the United States, which it advocated for to 
better correspond with the benefits parties receive. The 
amended Convention will not change the basic formula, but 
rather would amend the list of stocks used to calculate 
parties' respective catches to include only species under NAFO 
management or for which NAFO provides scientific advice, 
removing those fished exclusively in waters under a coastal 
nation's jurisdiction. This change may reduce U.S. dues by 
almost one-third.
    The Amendment will enter into force 120 days after the nine 
contracting parties ratify it. According to NAFO, Canada, Cuba, 
the European Union, Norway, and the Russian Federation have 
ratified the Amendment. The United States signed the Convention 
on September 28, 2007. However, the Convention is not self-
executing, meaning that ratification requires implementing 
legislation to conform U.S. domestic law to the requirements of 
the Convention. Title V of the bill ratifies U.S. participation 
in the amended Convention.

                      Section-by-Section Analysis


Section 1. Short title

    This section provides a short title for the bill, the 
Ensuring Access to Pacific Fisheries Act.

       TITLE I--NORTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION

Section 101. Definitions

    This section provides definitions for the title.

Section 102. United States participation in the North Pacific Fisheries 
        Convention

    This section defines the process by which the U.S. will be 
represented in the North Pacific Fisheries Commission. Under 
this section, the U.S. will be represented on the Commission by 
five Commissioners, two of which shall be appointed by the 
President. The President's two appointments must be officers or 
employees of either the Department of Commerce, Department of 
State, or the Coast Guard and must be ``knowledgeable or 
experienced'' in North Pacific fishery resources. The remaining 
three U.S. Commissioners shall be the chairs or their designees 
from the North Pacific Fishery Management Council, the Pacific 
Fishery Management Council, and the Western Pacific Fishery 
Management Council.
    This section also specifies that no U.S. Commissioner shall 
receive compensation for time served. However, the Department 
of State is responsible for travel expenses incurred while 
participating in Commission meetings. These expenses shall be 
reimbursed by the Secretary of Commerce.

Section 103. Authority and responsibility of the Secretary of State

    This section specifies the Secretary of State's authority 
and responsibility under the North Pacific Fishery Convention. 
As this is an international convention, the Secretary of State 
is responsible for transmitting, on behalf of the U.S., all 
reports, requests, proposals, and decisions of the Commission.

Section 104. Authority of the Secretary of Commerce

    This section specifies the Secretary of Commerce's 
authority and responsibility under the North Pacific Fishery 
Convention while also setting multiple safeguards to help 
ensure U.S. fishermen are not adversely impacted by regulations 
issued by the Commission. The main responsibility of the 
Secretary of Commerce under the Convention is to promulgate 
fishery regulations as necessary to meet U.S. obligations under 
the Convention. To ensure that the Commission does not set 
regulations that would supersede domestic federal fishery 
policy, any regulation issued by the Secretary that would 
govern a fish stock that migrates between the Convention area 
and the U.S. Exclusive Economic Zone would have to be approved 
by the applicable Fishery Management Council prior to taking 
effect. There are also additional safeguards in this section 
requiring the Secretary to remain consistent with other 
established fishery laws, such as the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.), as 
well as setting up a formal judicial review process for any 
action taken by the Secretary in relation to the Commission. 
This section allows the Secretary to issue permits to U.S. 
vessels to fish in the defined Convention area.

Section 105. Enforcement

    This section creates a partnership between the Department 
of Commerce and the Coast Guard to enforce regulations 
administered under this Act.

Section 106. Prohibited acts

    This section sets forth a list of prohibited acts under 
Title I of the bill. Most of these prohibited acts are defined 
to prevent illegal, unreported, and unregulated fishing 
efforts. The prohibited acts specifically include, among other 
things: violation of any regulation set forth by the authority 
under this title; fishing without the applicable permit; 
transporting, purchasing, or selling illegally retained fish; 
or submitting false information to the Secretary.

Section 107. Cooperation in carrying out Convention

    This section establishes agreements with federal and state 
agencies as well as private organizations to carry out U.S. 
obligations under the Convention. The section also preserves 
state jurisdiction over its resources under this Act.

Section 108. Territorial participation

    This section ensures territorial participation in the 
Commission by American Samoa, Guam, and the Commonwealth of the 
Northern Mariana Islands.

Section 109. Exclusive economic zone notification

    This section requires that captains of any fishing vessel 
from a country participating in the Convention must have all 
fishing gear stowed below deck while in U.S. waters.

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

Section 201. Definitions

    This section provides definitions for the title.

Section 202. Appointment or Designation of United States Commissioners

    This section defines the process by which the U.S. will be 
represented in the South Pacific Fisheries Commission, as 
created under this Act. Under this section, the U.S. will be 
represented on the Commission by three Commissioners, two of 
which shall be appointed by the President. At least one of the 
President's appointments must be an officer or employee of 
either the Department of Commerce, Department of State, or the 
Coast Guard and must be ``knowledgeable or experienced'' in 
South Pacific fishery resources. The remaining U.S. 
Commissioner shall be the chair or the chair's designee from 
the Western Pacific Fishery Management Council.
    This section also specifies that no U.S. Commissioner shall 
receive compensation for time served on the Commission. 
However, the Department of State is responsible for travel 
expenses incurred while participating in Commission meetings. 
These expenses shall be reimbursed by the Secretary of 
Commerce.

Section 203. Authority and responsibility of the Secretary of State

    This section specifies the Secretary of State's authority 
and responsibility under the South Pacific Fishery Convention. 
As this is an international convention, the Secretary of State 
is responsible for transmitting, on behalf of the U.S., all 
reports, requests, proposals, and decisions of the Commission.

Section 204. Responsibility of the Secretary and rulemaking authority

    This section specifies the Secretary of Commerce's 
authority and responsibility under the South Pacific Fishery 
Convention while also setting multiple safeguards to ensure 
U.S. fishermen are not adversely impacted by regulations set 
forth by the Commission. The main responsibility of the 
Secretary of Commerce under the convention is to promulgate 
fishery regulations as necessary to meet U.S. obligations under 
the Convention. There are also additional safeguards in this 
section requiring the Secretary to remain consistent with other 
established fishery laws, such as the Magnuson-Stevens Fishery 
Conservation and Management Act, as well as setting up a formal 
judicial review process for any action taken by the Secretary 
in relation to the Commission. Finally, this section allows the 
Secretary to issue permits to U.S. vessels to fish in the 
defined Convention area.

Section 205. Enforcement

    This section creates a partnership between the Department 
of Commerce and the Coast Guard to enforce any regulations 
administered under this Act under the same jurisdictional power 
set forth under sections 308-311 of the Magnuson-Stevens 
Fishery Conservation and Management Act.

Section 206. Prohibited acts

    This section sets forth a list of prohibited acts under 
Title II of the bill. Most of these prohibited acts are defined 
to prevent illegal, unreported, and unregulated fishing 
efforts. The prohibited acts include, among other things: 
violation of any regulation set forth by the authority under 
this title; fishing without the applicable permit; 
transporting, purchasing, or selling illegally retained fish; 
or submitting false information to the Secretary.

Section 207. Cooperation in carrying out the Convention

    This section establishes agreements with federal and state 
agencies as well as private organizations to carry out U.S. 
obligations under the Convention.

Section 208. Territorial participation

    This section ensures territorial participation in the 
Commission by American Samoa, Guam, and the Commonwealth of the 
Northern Mariana Islands.

Section 209. Exclusive economic zone notification

    This section requires that captains of any fishing vessel 
from a country participating in the Convention must have all 
fishing gear stowed below deck while in U.S. waters.

      TITLE III--WESTERN AND CENTRAL PACIFIC FISHERIES COMMISSION

Section 301. Recommendations for agenda of annual meetings of Western 
        and Central Pacific Fisheries Commission

    This section amends the Western and Central Pacific 
Fisheries Convention Implementation Act (Public Law 109-479). 
This section requires that in Western and Central Pacific 
Fisheries Commission (WCPFC) negotiations, the Secretaries of 
Commerce and State advocate for U.S. positions that minimize--
to the extent practicable--disadvantage to U.S. fishermen in 
relation to those of other participating nations. This section 
also requires that, no later than 30 days prior to the annual 
meeting of the WCPFC, the advisory committee can provide formal 
comments to the U.S. Commissioners related to the formal agenda 
of the meeting. Currently, the advisory committee for the WCPFC 
meets annually, but does not have to provide any formal comment 
or advice to the Commission.

         TITLE IV--ILLEGAL, UNREGULATED, AND UNREPORTED FISHING

Section 401. Amendments to the High Seas Driftnet Fishing Moratorium 
        Protection Act

    This section, added at Committee markup, amends section 
606(a) of the High Seas Driftnet Fishing Moratorium Protection 
Act (16 U.S.C. 1826g) to add the North and South Pacific 
Fishery Conventions. This is intended to prevent illegal, 
unregulated, and unreported fishing and is consistent with 
Public Law 114-81, the Illegal, Unreported, and Unregulated 
Fishing Enforcement Act of 2015, which was signed into law on 
November 5, 2015.

    TITLE V--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

    This title, added at Committee markup, makes a series of 
administrative changes to the Northwest Atlantic Fisheries 
Convention Act of 1995 (16 U.S.C. 5601 et seq.). This title 
includes changes that would reflect the amended Convention's 
restructuring of the Northwest Atlantic Fisheries Organization, 
allowing for U.S. participation in its modernized governing 
bodies and more robust scientific activities.

                            Committee Action

    H.R. 4576 was introduced on February 12, 2016, by 
Congresswoman Aumua Amata Coleman Radewagen (R-AS). The bill 
was referred to the Committee on Natural Resources, and within 
the Committee to the Subcommittee on Water, Power and Oceans. 
On March 1, 2016, the Subcommittee held a hearing on the bill. 
On July 12, 2016, the Natural Resources Committee met to 
consider the bill. The Subcommittee was discharged by unanimous 
consent. Congresswoman Radewagen offered an amendment 
designated 001; it was adopted by unanimous consent. No 
additional amendments were offered and the bill, as amended, 
was ordered favorably reported to the House of Representatives 
by unanimous consent on July 13, 2016.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance with House Rule XIII

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
Rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the enclosed cost estimate for 
the bill from the Director of the Congressional Budget Office:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, September 2, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 4576, the Ensuring 
Access to Pacific Fisheries Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Robert Reese.
            Sincerely,
                                                        Keith Hall.
    Enclosure.

H.R. 4576--Ensuring Access to Pacific Fisheries Act

    H.R. 4576 would implement the Conventions on the 
Conservation and Management of High Seas Fisheries Resources in 
the North and South Pacific Ocean (Pacific Conventions), which 
require participating parties to apply specific conservation 
and management principles and approaches to promote the 
sustainable use of fisheries located in the North and South 
Pacific Ocean. The bill also would amend the Northwest Atlantic 
Fisheries Convention Act to implement an amendment to the 
Convention on Future Multilateral Cooperation in the Northwest 
Atlantic Fisheries, which governs the Northwest Atlantic 
Fisheries Organization (NAFO). That amendment would detail 
NAFO's objectives; outline general management principles for 
the Northwest Atlantic Ocean; and describe the duties of all 
parties to that Convention related to inspections, reports, 
compliance, and enforcement.
    Based on information from the National Oceanic and 
Atmospheric Administration (NOAA), the Coast Guard, and the 
Department of State, CB0 estimates that implementing H.R. 4576 
would cost $2.5 million over the 2017-2021 period for annual 
dues, staff time, travel, and programmatic activities. Such 
spending would be subject to the availability of appropriated 
funds.
    Enacting this legislation could increase revenues and 
associated direct spending; therefore, pay-as-you-go procedures 
apply. H.R. 4576 would authorize NOAA to impose a fee of up to 
3 percent of the value of resources harvested from fisheries 
located in areas covered by the Pacific Conventions. Such fees, 
which would apply to all U.S. fishing boats operating in those 
areas, would be classified as revenues. The bill also would 
authorize NOAA to collect civil and criminal fines from anyone 
who violates the provisions outlined in the bill. Based on 
information from the agency about the value of resources 
harvested each year by U.S. vessels from the covered fisheries 
and the relatively low number of civil and criminal violations 
likely to occur, CB0 estimates any increase in revenues under 
the bill would not exceed $500,000 in any year. Because such 
amounts would be partially offset by a corresponding increase 
in direct spending, CBO estimates that enacting the bill would 
have a negligible net effect on the deficit.
    CBO estimates that enacting the legislation would not 
increase net direct spending or on-budget deficits in any of 
the four consecutive 10-year periods beginning in 2027.
    CBO has reviewed titles III and IV of H.R. 4576 and 
determined that those provisions contain no intergovernmental 
or private-sector mandates as defined in the Unfunded Mandates 
Reform Act (UMRA). CBO has not reviewed titles I, II, or V for 
intergovernmental or private-sector mandates. Section 4 of UMRA 
excludes from the application of that act any legislative 
provisions that are necessary for the ratification or 
implementation of international treaty obligations. CB0 has 
determined that those titles fall within that exclusion because 
they implement international fishing treaties.
    H.R. 4576 contains provisions related to international 
fishery agreements that are substantively similar to provisions 
of other bills for which CB0 has transmitted cost estimates. In 
particular, on June 1, 2015, CB0 transmitted cost estimates for 
three bills that were ordered reported by the Senate Committee 
on Commerce, Science, and Transportation on May 20, 2015, 
including:
           S. 1251, the Northwest Atlantic Fisheries 
        Convention Amendments Act;
           S. 1335, the North Pacific Fisheries 
        Convention Implementation Act; and
           S. 1336, the South Pacific Fisheries 
        Convention Implementation Act.
    Our estimate of spending subject to appropriation under 
H.R. 4576 is the same as for substantively similar provisions 
of the other three bills. In addition, provisions of H.R. 4576 
related to certain fees and fines that could be levied on 
fishing operators would increase both revenues and direct 
spending. None of the Senate bills contained any such 
provisions.
    The CBO staff contacts for this estimate are Robert Reese 
(for federal costs), Zachary Byrum (for intergovernmental 
mandates), and Amy Petz (for private-sector mandates). The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.
    2. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to implement the Convention on the 
Conservation and Management of High Seas Fisheries Resources in 
the North Pacific Ocean, and to implement the Convention on the 
Conservation and Management of High Seas Fishery Resources in 
the South Pacific Ocean.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman believes this bill 
directs the Secretary of Commerce of the conduct one specific 
rule-making proceeding.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, and existing law in which no 
change is proposed is shown in roman):

 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION 
                              ACT OF 2006


SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Magnuson-
Stevens Fishery Conservation and Management Reauthorization Act 
of 2006''.
  (b) Table of Contents.--The table of contents for this Act is 
as follows:

Sec. 1. Short title; table of contents.
     * * * * * * *

    TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

     * * * * * * *
[Sec. 511. Authorization of appropriations.]
Sec. 511. United States conservation, management, and enforcement 
          objectives.
Sec. 512. Authorization of appropriations.

           *       *       *       *       *       *       *


   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
                               CONVENTION

SEC. 501. SHORT TITLE.

  This title may be cited as the ``Western and Central Pacific 
Fisheries Convention Implementation Act''.

           *       *       *       *       *       *       *


SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

  (a) In General.--The United States shall be represented on 
the Commission by 5 United States Commissioners. The President 
shall appoint individuals to serve on the Commission at the 
pleasure of the President. In making the appointments, the 
President shall select Commissioners from among individuals who 
are knowledgeable or experienced concerning highly migratory 
fish stocks and commercial fishing in the Western and Central 
Pacific Ocean, one of whom shall be an officer or employee of 
the Department of Commerce, and one of whom shall be the 
chairman or a member of the Western Pacific Fishery Management 
Council, and one of whom shall be the chairman or a member of 
the Pacific Fishery Management Council. The Commissioners shall 
be entitled to adopt such rules of procedures as they find 
necessary and to select a chairman from among members who are 
officers or employees of the United States Government.
  (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to 
time and for periods of time deemed appropriate Alternate 
United States Commissioners to the Commission. Any Alternate 
United States Commissioner may exercise at any meeting of the 
Commission, Council, any Panel, or the advisory committee 
established pursuant to subsection (d), all powers and duties 
of a United States Commissioner in the absence of any 
Commissioner appointed pursuant to subsection (a) of this 
section for whatever reason. The number of such Alternate 
United States Commissioners that may be designated for any such 
meeting shall be limited to the number of United States 
Commissioners appointed pursuant to subsection (a) of this 
section who will not be present at such meeting.
  (c) Administrative Matters.--
          (1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the 
        United States Government, shall not be considered 
        Federal employees 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.--The United States Commissioners or 
        Alternate Commissioners, although officers of the 
        United States while so serving, shall receive no 
        compensation for their services as such Commissioners 
        or Alternate Commissioners.
          (3) Travel expenses.--
                  (A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners and Alternate United States 
                Commissioners in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 
                5704 through 5708, and 5731 of title 5, United 
                States Code.
                  (B) The Secretary may reimburse the Secretary 
                of State for amounts expended by the Secretary 
                of State under this subsection.
  (d) Advisory Committees.--
          (1) Establishment of permanent advisory committee.--
                  (A) Membership.--There is established an 
                advisory committee which shall be composed of--
                          (i) not less than 15 nor more than 20 
                        individuals appointed by the Secretary 
                        of Commerce in consultation with the 
                        United States Commissioners, who shall 
                        select such individuals from the 
                        various groups concerned with the 
                        fisheries covered by the WCPFC 
                        Convention, providing, to the maximum 
                        extent practicable, an equitable 
                        balance among such groups;
                          (ii) the chair of the Western Pacific 
                        Fishery Management Council's Advisory 
                        Committee or the chair's designee; and
                          (iii) officials of the fisheries 
                        management authorities of American 
                        Samoa, Guam, and the Northern Mariana 
                        Islands (or their designees).
                  (B) Terms and privileges.--Each member of the 
                advisory committee appointed under subparagraph 
                (A) shall serve for a term of 2 years and shall 
                be eligible for reappointment. The advisory 
                committee shall be invited to attend all non-
                executive meetings of the United States 
                Commissioners and at such meetings shall be 
                given opportunity to examine and to be heard on 
                all proposed programs of investigation, 
                reports, recommendations, and regulations of 
                the Commission.
                  (C) Procedures.--The advisory committee 
                established by subparagraph (A) shall determine 
                its organization, and prescribe its practices 
                and procedures for carrying out its functions 
                under this chapter, the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.), and the WCPFC Convention. 
                The advisory committee shall publish and make 
                available to the public a statement of its 
                organization, practices, and procedures. A 
                majority of the members of the advisory 
                committee shall constitute a quorum. Meetings 
                of the advisory committee, except when in 
                executive session, shall be open to the public, 
                and prior notice of meetings shall be made 
                public in a timely fashion. and 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 and international fishery 
                agreements.
                  (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.
          (2) Administrative matters.--
                  (A) Support services.--The Secretary shall 
                provide to advisory committees in a timely 
                manner such administrative and technical 
                support services as are necessary for their 
                effective functioning.
                  (B) Compensation; status; expenses.--
                Individuals appointed to serve as a member of 
                an advisory committee--
                          (i) shall serve without pay, but 
                        while away from their homes or regular 
                        places of business in the performance 
                        of services for the advisory committee 
                        shall be allowed travel expenses, 
                        including per diem in lieu of 
                        subsistence, in the same manner as 
                        persons employed intermittently in the 
                        Government service are allowed expenses 
                        under section 5703 of title 5, United 
                        States Code; and
                          (ii) shall not be considered Federal 
                        employees 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.
  (f) Memorandum of Understanding.--For highly migratory 
species in the Pacific, the Secretary, in coordination with the 
Secretary of State, shall develop a memorandum of understanding 
with the Western Pacific, Pacific, and North Pacific Fishery 
Management Councils, that clarifies the role of the relevant 
Council or Councils 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 vessels fishing for these 
        species;
          (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. 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.

SEC. [511.]  512. AUTHORIZATION OF APPROPRIATIONS.

  There are authorized to be appropriated to the Secretary of 
Commerce such sums as may be necessary to carry out this title 
and to pay the United States' contribution to the Commission 
under section 5 of part III of the WCPFC Convention.

           *       *       *       *       *       *       *

                              ----------                              


FISHERIES ACT OF 1995

           *       *       *       *       *       *       *


     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
            COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Northwest Atlantic Fisheries 
Convention Act of 1995''.

SEC. 202. REPRESENTATION OF UNITED STATES UNDER CONVENTION.

  (a) Commissioners.--
          (1) Appointments, generally.--The Secretary shall 
        appoint not more than 3 individuals to serve as the 
        representatives of the United States on the [General 
        Council and the Fisheries] Commission, who shall each--
                  (A) be known as a ``United States 
                Commissioner to the Northwest Atlantic 
                Fisheries Organization''; and
                  (B) serve at the pleasure of the Secretary.
          (2) Requirements for appointments.--
                  (A) The Secretary shall ensure that of the 
                individuals serving as Commissioners--
                          (i) at least 1 is appointed from 
                        among representatives of the commercial 
                        fishing industry;
                          (ii) 1 (but no more than 1) is an 
                        official of the Government; and
                          (iii) 1, other than the individual 
                        appointed under clause (ii), is a 
                        voting member of the New England 
                        Fishery Management Council.
                  (B) The Secretary may not appoint as a 
                Commissioner an individual unless the 
                individual is knowledgeable and experienced 
                concerning the fishery resources to which the 
                Convention applies.
          (3) Terms.--
                  (A) The term of an individual appointed as a 
                Commissioner--
                          (i) shall be specified by the 
                        Secretary at the time of appointment; 
                        and
                          (ii) may not exceed 4 years.
                  (B) An individual who is not a Government 
                official may not serve more than 2 consecutive 
                terms as a Commissioner.
  (b) Alternate Commissioners.--
          (1) Appointment.--The Secretary may, for any 
        anticipated absence of a duly appointed Commissioner 
        [at a meeting of the General Council or the Fisheries 
        Commission], designate an individual to serve as an 
        Alternate Commissioner.
          (2) Functions.--An Alternate Commissioner may 
        exercise all powers and perform all duties of the 
        Commissioner for whom the Alternate Commissioner is 
        designated[, at any meeting of the General Council or 
        the Fisheries Commission for which the Alternate 
        Commissioner is designated].
  (c) Representatives.--
          (1) Appointment.--The Secretary shall appoint not 
        more than 3 individuals to serve as the representatives 
        of the United States on the Scientific Council, who 
        shall each be known as a ``United States Representative 
        to the Northwest Atlantic Fisheries Organization 
        Scientific Council''.
          (2) Eligibility for appointment.--
                  (A) The Secretary may not appoint an 
                individual as a Representative unless the 
                individual is knowledgeable and experienced 
                concerning the scientific issues dealt with by 
                the Scientific Council.
                  (B) The Secretary shall appoint as a 
                Representative at least 1 individual who is an 
                official of the Government.
          (3) Term.--An individual appointed as a 
        Representative--
                  (A) shall serve for a term of not to exceed 4 
                years, as specified by the Secretary at the 
                time of appointment;
                  (B) may be reappointed; and
                  (C) shall serve at the pleasure of the 
                Secretary.
  (d) Alternate Representatives.--
          (1) Appointment.--The Secretary may, for any 
        anticipated absence of a duly appointed Representative 
        [at a meeting of the Scientific Council], designate an 
        individual to serve as an Alternate Representative.
          (2) Functions.--An Alternate Representative may 
        exercise all powers and perform all duties of the 
        Representative for whom the Alternate Representative is 
        designated[, at any meeting of the Scientific Council 
        for which the Alternate Representative is designated].
  (e) Experts and Advisers.--The Commissioners, Alternate 
Commissioners, Representatives, and Alternate Representatives 
may be accompanied at meetings of the Organization by experts 
and advisers.
  (f) Coordination and Consultation.--
          (1) In general.--In carrying out their functions 
        under the Convention, Commissioners, Alternate 
        Commissioners, Representatives, and Alternate 
        Representatives shall--
                  (A) coordinate with the appropriate Regional 
                Fishery Management Councils established by 
                section 302 of the [Magnuson Act] Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1852); and
                  (B) consult with the committee established 
                under section 208.
          (2) Relationship to other law.--The Federal Advisory 
        Committee Act (5 U.S.C. App.) shall not apply to 
        coordination and consultations under this subsection.

SEC. 203. REQUESTS FOR SCIENTIFIC ADVICE.

  (a) Restriction.--[The Representatives may] A Representative 
may not make a request or specification described in 
[subsection (b)(1) or (2)] paragraph (1) or (2) of subsection 
(b), respectively, unless [the Representatives have] the 
Representative has first--
          (1) consulted with the appropriate Regional Fishery 
        Management Councils; and
          (2) received the consent of the Commissioners for 
        that action.
  (b) Requests and Terms of Reference Described.--The requests 
and specifications referred to in subsection (a) are, 
respectively--
          (1) any request, under Article [VII(1)] VII(10)(b) of 
        the Convention, that the Scientific Council consider 
        and report on a question pertaining to the scientific 
        basis for the management and conservation of fishery 
        resources in waters under the jurisdiction of the 
        United States within the Convention Area; and
          (2) any specification, under Article [VIII(2)] 
        VII(11) of the Convention, of the terms of reference 
        for the consideration of a question referred to the 
        Scientific Council pursuant to Article [VII(1)] 
        VII(10)(b) of the Convention.

SEC. 204. AUTHORITIES OF SECRETARY OF STATE WITH RESPECT TO CONVENTION.

   The Secretary of State may, on behalf of the Government of 
the United States--
          (1) receive and transmit reports, requests, 
        recommendations, proposals, and other communications of 
        and to the Organization and its subsidiary organs;
          (2) object, or withdraw an objection, to the proposal 
        of the [Fisheries Commission] Commission consistent 
        with the procedures detailed in Articles XIV and XV of 
        the Convention;
          (3) give or withdraw notice of intent not to be bound 
        by a measure of the [Fisheries Commission] Commission 
        consistent with the procedures detailed in Articles XIV 
        and XV of the Convention;
          (4) object or withdraw an objection to an amendment 
        to the Convention; and
          (5) act upon, or refer to any other appropriate 
        authority, any other communication referred to in 
        paragraph (1).

SEC. 205. INTERAGENCY COOPERATION.

  [(a) Authorities of Secretary.--In carrying out the 
provisions of the Convention and this title, the Secretary may 
arrange for cooperation with other agencies of the United 
States, the States, the New England and the Mid-Atlantic 
Fishery Management Councils, and private institutions and 
organizations.]
  (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.
  (b) Other Agencies.--The head of any Federal agency may--
          (1) cooperate in the conduct of scientific and other 
        programs, and furnish facilities and personnel, for the 
        purposes of assisting the Organization in carrying out 
        its duties under the Convention; and
          (2) accept reimbursement from the Organization for 
        providing such services, facilities, and personnel.

           *       *       *       *       *       *       *


SEC. 207. PROHIBITED ACTS AND ENFORCEMENT.

  (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
          (1) to violate any regulation issued under this title 
        or any measure that is legally binding on the United 
        States under the Convention;
          (2) to refuse to permit any authorized enforcement 
        officer to board a fishing vessel that is subject to 
        the person's control for purposes of conducting any 
        search, investigation, or inspection in connection with 
        the enforcement of this title, any regulation issued 
        under this title, or any measure that is legally 
        binding on the United States under the Convention;
          (3) forcibly to assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized 
        enforcement officer in the conduct of any search, 
        investigation, or inspection described in paragraph 
        (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any [fish] fishery resources taken or 
        retained in violation of this section; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that the other person has committed an act 
        prohibited by this section.
  (b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

SEC. 208. CONSULTATIVE COMMITTEE.

  (a) Establishment.--The Secretary of State and the Secretary, 
shall jointly establish a consultative committee to advise the 
Secretaries on issues related to the Convention.
  (b) Membership.--
          (1) The membership of the Committee shall include 
        representatives from the New England and Mid-Atlantic 
        Fishery Management Councils, the States represented on 
        those Councils, the Atlantic States Marine Fisheries 
        Commission, the fishing industry, the seafood 
        processing industry, and others knowledgeable and 
        experienced in the conservation and management of 
        fisheries in the Northwest Atlantic Ocean.
          (2) Terms and Reappointment.--Each member of the 
        consultative committee shall serve for a term of [two] 
        2 years and shall be eligible for reappointment.
  (c) Duties of the Committee.--Members of the consultative 
committee may attend--
          (1) all public meetings of the [General Council or 
        the Fisheries] Commission;
          (2) any other meetings to which they are invited by 
        the [General Council or the Fisheries] Commission; and
          (3) all nonexecutive meetings of the United States 
        Commissioners.
  (d) Relationship to Other Law.--The Federal Advisory 
Committee Act (5 U.S.C. App.) shall not apply to the 
consultative committee established under this section.

           *       *       *       *       *       *       *


[SEC. 210. DEFINITIONS

   [In this title the following definitions apply:
          [(1) 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.
          [(2) Commissioner.--The term ``Commissioner'' means a 
        United States Commissioner to the Northwest Atlantic 
        Fisheries Organization appointed under section 202(a).
          [(3) Convention.--The term ``Convention'' means the 
        Convention on Future Multilateral Cooperation in the 
        Northwest Atlantic Fisheries, done at Ottawa on October 
        24, 1978.
          [(4) Fisheries commission.--The term ``Fisheries 
        Commission'' means the Fisheries Commission provided 
        for by Articles II, XI, XII, XIII, and XIV of the 
        Convention.
          [(5) General council.--The term ``General Council'' 
        means the General Council provided for by Article II, 
        III, IV, and V of the Convention.
          [(6) Magnuson act.--The term ``Magnuson Act'' means 
        the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
          [(7) Organization.--The term ``Organization'' means 
        the Northwest Atlantic Fisheries Organization provided 
        for by Article II of the Convention.
          [(8) 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).
          [(9) Representative.--The term ``Representative'' 
        means a United States Representative to the Northwest 
        Atlantic Fisheries Scientific Council appointed under 
        section 202(c).
          [(10) Scientific council.--The term ``Scientific 
        Council'' means the Scientific Council provided for by 
        Articles II, VI, VII, VIII, IX, and X of the 
        Convention.
          [(11) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.]

SEC. 210. DEFINITIONS.

  In this title:
          (1) 1982 convention.--The term ``1982 Convention'' 
        means the United Nations Convention on the Law of the 
        Sea of 10 December 1982.
          (2) Authorized enforcement officer.--The term 
        ``authorized enforcement officer'' means a person 
        authorized to enforce this title, any regulation issued 
        under this title, or any measure that is legally 
        binding on the United States under the Convention.
          (3) Commission.--The term ``Commission'' means the 
        body provided for by Articles V, VI, XIII, XIV, and XV 
        of the Convention.
          (4) Commissioner.--The term ``Commissioner'' means a 
        United States Commissioner to the Northwest Atlantic 
        Fisheries Organization appointed under section 202.
          (5) Convention.--The term ``Convention'' means the 
        Convention on Future Multilateral Cooperation in the 
        Northwest Atlantic Fisheries, done at Ottawa on October 
        24, 1978, and as amended on September 28, 2007.
          (6) Convention area.--The term ``Convention Area'' 
        means the waters of the Northwest Atlantic Ocean north 
        of 35+00, N and west of a line extending due north from 
        35+00, N and 42+00, W to 59+00, N, thence due west to 
        44+00, W, and thence due north to the coast of 
        Greenland, and the waters of the Gulf of St. Lawrence, 
        Davis Strait and Baffin Bay south of 78+10, N.
          (7) Council.--The term ``Council'' means the New 
        England Fishery Management Council or the Mid-Atlantic 
        Fishery Management Council.
          (8) Fishery resources.--
                  (A) In general.--The term ``fishery 
                resources'' means all fish, mollusks, and 
                crustaceans, including any products thereof, 
                within the Convention Area.
                  (B) Exclusions.--The term ``fishery 
                resources'' does not include--
                          (i) sedentary species over which 
                        coastal States may exercise sovereign 
                        rights consistent with Article 77 of 
                        the 1982 Convention; or
                          (ii) in so far as they are managed 
                        under other international treaties, 
                        anadromous and catadromous stocks and 
                        highly migratory species listed in 
                        Annex I of the 1982 Convention.
          (9) Fishing activities.--
                  (A) In general.--The term ``fishing 
                activities'' means harvesting or processing 
                fishery resources, or transhipping of fishery 
                resources or products derived from fishery 
                resources, or any other activity in preparation 
                for, in support of, or related to the 
                harvesting of fishery resources.
                  (B) Inclusions.--The term ``fishing 
                activities'' includes--
                          (i) the actual or attempted searching 
                        for or catching or taking of fishery 
                        resources;
                          (ii) any activity that can reasonably 
                        be expected to result in locating, 
                        catching, taking, or harvesting of 
                        fishery resources for any purpose; and
                          (iii) any operation at sea in support 
                        of, or in preparation for, any activity 
                        described in this paragraph.
                  (C) Exclusions.--The term ``fishing 
                activities'' does not include any operation 
                related to emergencies involving the health and 
                safety of crew members or the safety of a 
                vessel.
          (10) Fishing vessel.--
                  (A) In general.--The term ``fishing vessel'' 
                means a vessel that is or has been engaged in 
                fishing activities.
                  (B) Inclusions.--The term ``fishing vessel'' 
                includes a fish processing vessel or a vessel 
                engaged in transshipment or any other activity 
                in preparation for or related to fishing 
                activities, or in experimental or exploratory 
                fishing activities.
          (11) Organization.--The term ``Organization'' means 
        the Northwest Atlantic Fisheries Organization provided 
        for by Article V of the Convention.
          (12) Person.--The term ``person'' means any 
        individual (whether or not a citizen or national of the 
        United States), and any corporation, partnership, 
        association, or other entity (whether or not organized 
        or existing under the laws of any State).
          (13) Representative.--The term ``Representative'' 
        means a United States Representative to the Northwest 
        Atlantic Fisheries Scientific Council appointed under 
        section 202.
          (14) Scientific council.--The term ``Scientific 
        Council'' means the Scientific Council provided for by 
        Articles V, VI, and VII of the Convention.
          (15) Secretary.--The term ``Secretary'' means the 
        Secretary of Commerce.
          (16) State.--The term ``State'' means each of the 
        several States of the United States, the District of 
        Columbia, and any other commonwealth, territory, or 
        possession of the United States.
          (17) Transshipment.--The term ``transshipment'' means 
        the unloading of all or any of the fishery resources on 
        board a fishing vessel to another fishing vessel either 
        at sea or in port.

           *       *       *       *       *       *       *


[SEC. 213. QUOTA ALLOCATION PRACTICE.

  [(a) In General.--The Secretary of Commerce, acting through 
the Secretary of State, shall promptly seek to establish a new 
practice for allocating quotas under the Convention that--
          [(1) is predictable and transparent;
          [(2) provides fishing opportunities for all members 
        of the Organization; and
          [(3) is consistent with the Straddling Fish Stocks 
        Agreement.
  [(b) Report.--The Secretary of Commerce shall include in 
annual reports under section 212--
          [(1) a description of the results of negotiations 
        held pursuant to subsection (a);
          [(2) an identification of barriers to achieving such 
        a new allocation practice; and
          [(3) recommendations for any further legislation that 
        is necessary to achieve such a new practice.
  [(c) Definition.--In this section the term ``Straddling Fish 
Stocks Agreement'' means the United Nations Agreement for the 
Implementation of the Provisions of the United Nations 
Convention on the Law of the Sea of 10 December 1982 Relating 
to the Conservation and Management of Straddling Fish Stocks 
and Highly Migratory Fish Stocks.]

           *       *       *       *       *       *       *


                     TITLE VI--DRIFTNET MORATORIUM

SEC. 601. SHORT TITLE.

  This title may be cited as the ``High Seas Driftnet Fishing 
Moratorium Protection Act''.

           *       *       *       *       *       *       *


SEC. 606. ENFORCEMENT.

  (a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
this Act, and the Acts to which this section applies, in 
accordance with this section. Each such Secretary may, by 
agreement, on a reimbursable basis or otherwise, utilize the 
personnel services, equipment (including aircraft and vessels), 
and facilities of any other Federal agency, and of any State 
agency, in the performance of such duties.
  (b) Acts to Which Section Applies.--This section applies to--
          (1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
        3631 et seq.);
          (2) the Dolphin Protection Consumer Information Act 
        (16 U.S.C. 1385);
          (3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 
        et seq.);
          (4) the North Pacific Anadromous Stocks Act of 1992 
        (16 U.S.C. 5001 et seq.);
          (5) the Atlantic Tunas Convention Act of 1975 (16 
        U.S.C. 971 et seq.);
          (6) the Northwest Atlantic Fisheries Convention Act 
        of 1995 (16 U.S.C. 5601 et seq.);
          (7) the Western and Central Pacific Fisheries 
        Convention Implementation Act (16 U.S.C. 6901 et seq.); 
        [and]
          (8) the Antigua Convention Implementing Act of 
        2015[.]; and
          (9) the Ensuring Access to Pacific Fisheries Act.
  (c) Administration and Enforcement.--
          (1) In general.--The Secretary shall prevent any 
        person from violating this Act, or any Act to which 
        this section applies, 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 and applicable to this Act and 
        each such Act.
          (2) International cooperation.--The Secretary may, 
        subject to appropriations and in the course of carrying 
        out the Secretary's responsibilities under the Acts to 
        which this section applies, engage in international 
        cooperation to help other nations combat illegal, 
        unreported, and unregulated fishing and achieve 
        sustainable fisheries.
  (d) Special Rules.--
          (1) Additional enforcement authority.--In addition to 
        the powers of officers authorized pursuant to 
        subsection (c), any officer who is authorized by the 
        Secretary, or the head of any Federal or State agency 
        that has entered into an agreement with the Secretary 
        under subsection (a), may enforce the provisions of any 
        Act to which this section applies, 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 each such Act.
          (2) Disclosure of enforcement information.--
                  (A) In general.--The Secretary, subject to 
                the data confidentiality provisions in section 
                402 of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 
                1881a), may disclose, as necessary and 
                appropriate, information, including information 
                collected under joint authority of the 
                Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.) and the 
                Atlantic Tunas Convention Act of 1975 (16 
                U.S.C. 71 et seq.) or the Western and Central 
                Pacific Fisheries Convention Implementation Act 
                (16 U.S.C. 6901 et seq.) or other statutes 
                implementing international fishery agreements, 
                to any other Federal or State government 
                agency, the Food and Agriculture Organization 
                of the United Nations, the secretariat or 
                equivalent of an international fishery 
                management organization or arrangement made 
                pursuant to an international fishery agreement, 
                or a foreign government, if--
                          (i) such government, organization, or 
                        arrangement has policies and procedures 
                        to protect such information from 
                        unintended or unauthorized disclosure; 
                        and
                          (ii) such disclosure is necessary--
                                  (I) to ensure compliance with 
                                any law or regulation enforced 
                                or administered by the 
                                Secretary;
                                  (II) to administer or enforce 
                                any international fishery 
                                agreement to which the United 
                                States is a party;
                                  (III) to administer or 
                                enforce a binding conservation 
                                measure adopted by any 
                                international organization or 
                                arrangement to which the United 
                                States is a party;
                                  (IV) to assist in any 
                                investigative, judicial, or 
                                administrative enforcement 
                                proceeding in the United 
                                States; or
                                  (V) to assist in any law 
                                enforcement action undertaken 
                                by a law enforcement agency of 
                                a foreign government, or in 
                                relation to a legal proceeding 
                                undertaken by a foreign 
                                government to the extent the 
                                enforcement action is 
                                consistent with rules and 
                                regulations of a regional 
                                fisheries management 
                                organization (as that term is 
                                defined by the United Nation's 
                                Food and Agriculture 
                                Organization Agreement on Port 
                                State Measures to Prevent, 
                                Deter and Eliminate Illegal, 
                                Unreported and Unregulated 
                                Fishing) of which the United 
                                States is a member, or the 
                                Secretary has determined that 
                                the enforcement action is 
                                consistent with the 
                                requirements under Federal law 
                                for enforcement actions with 
                                respect to illegal, unreported, 
                                and unregulated fishing.
                  (B) Data confidentiality provisions not 
                applicable.--The data confidentiality 
                provisions of section 402 of the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1881a) shall not apply with respect 
                to this Act with respect to--
                          (i) any obligation of the United 
                        States to share information under a 
                        regional fisheries management 
                        organization (as that term is defined 
                        by the United Nation's Food and 
                        Agriculture Organization Agreement on 
                        Port State Measures to Prevent, Deter 
                        and Eliminate Illegal, Unreported and 
                        Unregulated Fishing) of which the 
                        United States is a member; or
                          (ii) any information collected by the 
                        Secretary regarding foreign vessels.
  (e) Prohibited Acts.--It is unlawful for any person--
          (1) to violate any provision of this Act or any 
        regulation or permit issued pursuant to this Act;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this Act to board, search, or 
        inspect a vessel, subject to such person's control for 
        the purposes of conducting any search, investigation, 
        or inspection in connection with the enforcement of 
        this Act, any regulation promulgated under this Act, or 
        any Act to which this section applies;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search, investigation, or 
        inspection described in paragraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section or any Act to which this section 
        applies;
          (5) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of 
        another person, knowing that such person has committed 
        any act prohibited by this section or any Act to which 
        this section applies; or
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                  (A) any observer on a vessel under this Act 
                or any Act to which this section applies; or
                  (B) any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to any person to carry out 
                responsibilities under this Act or any Act to 
                which this section applies.
  (f) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (e) shall be liable to the United 
States for a civil penalty, and may be subject to a permit 
sanction, under section 308 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858).
  (g) Criminal Penalty.--Any person who commits an act that is 
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or 
(e)(6) is deemed to be guilty of an offense punishable under 
section 309(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1859(b)).
  (h) Utilization of Federal Agency Assets.--The President 
shall utilize appropriate assets of the Department of Defense, 
the United States Coast Guard, and other Federal agencies to 
detect, monitor, and prevent violations of the United Nations 
moratorium on large-scale driftnet fishing on the high seas for 
all fisheries under the jurisdiction of the United States and, 
in the case of fisheries not under the jurisdiction of the 
United States, to the fullest extent permitted under 
international law.

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

  The Secretary, in consultation with the Secretary of 
State,shall provide to Congress, by not later than 2 years 
after the date of enactment of the Magnuson-Stevens Fishery 
Conservationand Management Reauthorization Act of 2006, and 
every 2 years thereafter, on June 1 of that year a report that 
includes--
          (1) the state of knowledge on the status of 
        internationalliving marine resources shared by the 
        United States or subject to treaties or agreements to 
        which the United States is aparty, including a list of 
        all such fish stocks classified as overfished, 
        overexploited, depleted, endangered, or threatened 
        withextinction by any international or other authority 
        charged with management or conservation of living 
        marine resources;
          (2) a list of nations that have been identified under 
        section 609(a) or 610(a), including the specific 
        offending activities and any subsequent actions taken 
        pursuant to section 609 or 610;
          (3) a description of efforts taken by nations on 
        thoselists to comply take appropriate corrective action 
        consistent with sections 609 and 610, and an evaluation 
        of the progressof those efforts, including steps taken 
        by the United States to implement those sections and to 
        improve internationalcompliance;
          (4) progress at the international level, consistent 
        withsection 608, to strengthen the efforts of 
        international fishery management organizations to end 
        illegal, unreported, orunregulated fishing; and
          (5) steps taken by the Secretary at the international 
        levelto adopt international measures comparable to 
        those of the United States to reduce impacts of fishing 
        and other practiceson protected living marine 
        resources, if no international agreement to achieve 
        such goal exists, or if the relevant 
        internationalfishery or conservation organization has 
        failed to implement effective measures to end or reduce 
        the adverse impacts offishing practices on such 
        species.

           *       *       *       *       *       *       *


SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

  (a) Identification.--
          (1) Identification for actions of fishing vessels.--
        The Secretary shall, based on a cumulative compilation 
        and analysis of data collected and provided by 
        international fishery management organizations and 
        other nations and organizations, identify, and list in 
        the report under section 607, a nation if [fishing 
        vessels of that nation are engaged, or have] any 
        fishing vessel of that nation is engaged, or has been 
        engaged at any point during the preceding 3 years, in 
        illegal, unreported, or unregulated fishing--
                  (A) that undermines the effectiveness of 
                measures required by an international fishery 
                management organization, taking into account 
                whether the relevant international fishery 
                management organization has failed to implement 
                effective measures to send the illegal, 
                unreported, or unregulated fishing activity by 
                that nation or the nation is not a party to, or 
                does not maintain cooperating status with, such 
                organization; or
                  (B) where no international fishery management 
                organization exists with a mandate to regulate 
                the fishing activity in question.
          (2) Identification for actions of nation.--Taking 
        into account the factors described under section 
        609(a)(1), the Secretary shall also identify, and list 
        in such report, a nation--
                  (A) if it is violating, or has violated at 
                any point during the preceding 3 years, 
                conservation and management measures required 
                under an international fishery management 
                agreement to which the United States is a party 
                and the violations undermine the effectiveness 
                of such measures; or
                  (B) if it is failing, or has failed in the 
                preceding 3-year period, to effectively address 
                or regulate illegal, unreported, or unregulated 
                fishing in areas described under paragraph 
                (1)(B).
          (3) Application to other entities.--Where the 
        provisions of this Act are applicable to nations, they 
        shall also be applicable, as appropriate, to other 
        entities that have competency to enter into 
        international fishery management agreements.
  (b) Notification.--The Secretary shall notify the President 
and that nation of such an identification.
  (c) Consultation.--No later than 60 days after submitting a 
report to Congress under section 607, the Secretary, acting 
through the Secretary of State, shall--
          (1) notify nations listed in the report of the 
        requirements of this section;
          (2) initiate consultations for the purpose of 
        encouraging such nations to take the appropriate 
        corrective action with respect to the offending 
        activities of their fishing vessels identified in the 
        report; and
          (3) notify any relevant international fishery 
        management organization of the actions taken by the 
        United States under this section.
  (d) IUU Certification Procedure.--
          (1) Certification.--The Secretary shall establish a 
        procedure, consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining if a nation identified under subsection (a) 
        and listed in the report under section 607 has taken 
        appropriate corrective action with respect to the 
        offending activities identified in the report under 
        section 607. The certification procedure shall provide 
        for notice and an opportunity for comment by any such 
        nation. The Secretary shall determine, on the basis of 
        the procedure, and certify to the Congress no later 
        than 90 days after the date on which the Secretary 
        promulgates a final rule containing the procedure, and 
        biennially thereafter in the report under section 607--
                  (A) whether the government of each nation 
                identified under subsection (a) has provided 
                documentary evidence that it has taken 
                corrective action with respect to the offending 
                activities identified in the report; or
                  (B) whether the relevant international 
                fishery management organization has implemented 
                measures that are effective in ending the 
                illegal, unreported, or unregulated fishing 
                activity by vessels of that nation.
          (2) Alternative procedure.--The Secretary may 
        establish a procedure to authorize, on a shipment-by-
        shipment, shipper-by-shipper, or other basis the 
        importation of fish or fish products from a vessel of a 
        nation issued a negative certification under paragraph 
        (1) if the Secretary determines that--
                  (A) the vessel has not engaged in illegal, 
                unreported, or unregulated fishing under an 
                international fishery management agreement to 
                which the United States is a party; or
                  (B) the vessel is not identified by an 
                international fishery management organization 
                as participating in illegal, unreported, or 
                unregulated fishing activities.
          (3) Effect of certification.--
                  (A) In general.--The provisions of section 
                101(a) and section 101(b)(3) and (4) of this 
                Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))--
                          (i) shall apply to any nation 
                        identified under subsection (a) for 
                        which the Secretary has issued a 
                        negative certification under this 
                        subsection; but
                          (ii) shall not apply to any nation 
                        identified under subsection (a) for 
                        which the Secretary has issued a 
                        positive certification under this 
                        subsection.
                  (B) Exceptions.--Subparagraph (A)(i) does not 
                apply--
                          (i) to the extent that such 
                        provisions would apply to sport fishing 
                        equipment or to fish or fish products 
                        not managed under the applicable 
                        international fishery agreement; or
                          (ii) if there is no applicable 
                        international fishery agreement, to the 
                        extent that such provisions would apply 
                        to fish or fish products caught by 
                        vessels not engaged in illegal, 
                        unreported, or unregulated fishing.
  (e) Illegal, Unreported, or Unregulated Fishing Defined.--
          (1) In general.--In this Act the term `illegal, 
        unreported, or unregulated fishing' has the meaning 
        established under paragraph (2).
          (2) Secretary to define term within legislative 
        guidelines.--Within 3 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation 
        and Management Reauthorization Act of 2006, the 
        Secretary shall publish a definition of the term 
        ``illegal, unreported, or unregulated fishing'' for 
        purposes of this Act.
          (3) Guidelines.--The Secretary shall include in the 
        definition, at a minimum--
                  (A) fishing activities that violate 
                conservation and management measures required 
                under an international fishery management 
                agreement to which the United States is a 
                party, including catch limits or quotas, 
                capacity restrictions, bycatch reduction 
                requirements, and shark conservation measures;
                  (B) overfishing of fish stocks shared by the 
                United States, for which there are no 
                applicable international conservation or 
                management measures or in areas with no 
                applicable international fishery management 
                organization or agreement, that has adverse 
                impacts on such stocks; and
                  (C) fishing activity that has an adverse 
                impact on seamounts, hydrothermal vents, and 
                cold water corals located beyond national 
                jurisdiction, for which there are no applicable 
                conservation or management measures or in areas 
                with no applicable international fishery 
                management organization or agreement.
  (f) Authorization of appropriations.--There are authorized to 
be appropriated to the Secretary for fiscal years 2007 through 
2013 such sums as are necessary to carry out this section.

SEC. 610. EQUIVALENT CONSERVATION MEASURES.

  (a) Identification.--The Secretary shall identify, and list 
in the report under section 607--
          (1) a nation if--
                  (A) fishing vessels of that nation are 
                engaged, or have been engaged during the 
                preceding 3 years in fishing activities or 
                practices--
                          (i) in waters beyond any national 
                        jurisdiction that result in bycatch of 
                        a protected living marine resource; or
                          (ii) beyond the exclusive economic 
                        zone of the United States that result 
                        in bycatch of a protected living marine 
                        resource shared by the United States;
                  (B) the relevant international organization 
                for the conservation and protection of such 
                resources or the relevant international or 
                regional fishery organization has failed to 
                implement effective measures to end or reduce 
                such bycatch, or the nation is not a party to, 
                or does not maintain cooperating status with, 
                such organization; and
                  (C) the nation has not adopted a regulatory 
                program governing such fishing practices 
                designed to end or reduce such bycatch that is 
                comparable to that of the United States, taking 
                into account different conditions.
          (2) a nation if--
                  (A) fishing vessels of that nation are 
                engaged, or have been engaged during the 
                preceding [calendar year] 3 years, in fishing 
                activities or practices in waters beyond any 
                national jurisdiction that target or 
                incidentally catch sharks; and
                  (B) the nation has not adopted a regulatory 
                program to provide for the conservation of 
                sharks, including measures to prohibit removal 
                of any of the fins of a shark(including the 
                tail) and discarding the carcass of the shark 
                at sea, that is comparable to that of the 
                United States, taking into account different 
                conditions.
  (b) Consultation and Negotiation.--The Secretary, acting 
through the Secretary of State, shall--
          (1) notify, as soon as possible, the President and 
        nations that have been identified under subsection (a), 
        and also notify other nations whose vessels engage in 
        fishing activities or practices described in subsection 
        (a), about the provisions of this section and this Act;
          (2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have 
        persons or companies engaged in, fishing activities or 
        practices described in subsection (a), for the purpose 
        of entering into bilateral and multilateral treaties 
        with such countries to protect such species;
          (3) seek agreements calling for international 
        restriction son fishing activities or practices 
        described in subsection (a) through the United Nations, 
        the Food and Agriculture Organization's Committee on 
        Fisheries, and appropriate international fishery 
        management bodies; and
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of such species to which the United States 
        is a party in order to make such treaty consistent with 
        the purposes and policies of this section.
  (c) Conservation Certification Procedure.--
          (1) Determination.--The Secretary shall establish a 
        procedure consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining whether the government of a harvesting 
        nation identified under subsection (a) and listed in 
        the report under section 607--
                  (A) has provided documentary evidence of the 
                adoption of a regulatory program governing the 
                conservation of the protected living marine 
                resource that is comparable to that of the 
                United States, taking into account different 
                conditions, and which, in the case of pelagic 
                longline fishing,includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer 
                programs;and
                  (B) has established a management plan 
                containing requirements that will assist in 
                gathering species-specific data to support 
                international stock assessments and 
                conservation enforcement efforts for protected 
                living marine resources.
          (2) Procedural requirement.--The procedure 
        established by the Secretary under paragraph (1) shall 
        include notice and opportunity for comment by any such 
        nation.
          (3) Certification.--The Secretary shall certify to 
        the Congress by January 31, 2007, and biennially 
        thereafter whether each such nation has provided the 
        documentary evidence described in paragraph (1)(A) and 
        established a management plan described in paragraph 
        (1)(B).
          (4) Alternative procedure.--The Secretary may 
        establish a procedure to authorize, on a shipment-by-
        shipment, shipper-by-shipper, or other basis the 
        importation of fish or fish products from a vessel of a 
        nation issued a negative certification under paragraph 
        (1) if the Secretary determines that such imports were 
        harvested by practices that do not result in bycatch of 
        a protected marine species, or were harvested by 
        practices that--
                  (A) are comparable to those of the United 
                States, taking into account different 
                conditions; and
                  (B) include the gathering of species specific 
                data that can be used to support international 
                and regional stock assessments and conservation 
                efforts for protected living marine resources.
          (5) Effect of certification.--The provisions of 
        section101(a) and section 101(b)(3) and (4) of this Act 
        (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to the 
        extent that such provisions apply to sport fishing 
        equipment or fish or fish products not caught by the 
        vessels engaged in illegal, unreported, or unregulated 
        fishing) shall apply to any nation identified under 
        subsection (a) for which the Secretary has issued a 
        negative certification under this subsection, but shall 
        not apply to any nation identified under subsection (a) 
        for which the Secretary has issued a positive 
        certification under this subsection.
  (d) International Cooperation and Assistance.--To the 
greatest extent possible consistent with existing authority and 
the availability of funds, the Secretary shall--
          (1) provide appropriate assistance to nations 
        identified by the Secretary under subsection (a) and 
        international organizations of which those nations are 
        members to assist those nations in qualifying for 
        certification under subsection (c);
          (2) undertake, where appropriate, cooperative 
        research activities on species statistics and improved 
        harvesting techniques, with those nations or 
        organizations;
          (3) encourage and facilitate the transfer of 
        appropriate technology to those nations or 
        organizations to assist those nations in qualifying for 
        certification under subsection (c); and
          (4) provide assistance to those nations or 
        organization sin designing and implementing appropriate 
        fish harvesting plans.
  (e) Protected Living Marine Resource Defined.--In this 
section the term ``protected living marine resource''--
          (1) means non-target fish, sea turtles, or marine 
        mammals that are protected under United States law or 
        international agreement, including the Marine Mammal 
        Protection Act, the Endangered Species Act, the Shark 
        Finning Prohibition Act, and the Convention on 
        International Trade in Endangered Species of Wild Flora 
        and Fauna; but
          (2) does not include species, except sharks, managed 
        under the Magnuson-Stevens Fishery Conservation and 
        Management Act, the Atlantic Tunas Convention Act, or 
        any international fishery management agreement.
  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary for fiscal years 2007 through 
2013 such sums as are necessary to carry out this section.

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