[114th Congress Public Law 327]
[From the U.S. Government Publishing Office]
[[Page 1973]]
ENSURING ACCESS TO PACIFIC FISHERIES ACT
[[Page 130 STAT. 1974]]
Public Law 114-327
114th Congress
An Act
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. <<NOTE: Dec. 16, 2016 - [H.R. 6452]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Ensuring Access
to Pacific Fisheries Act.>>
SECTION 1. <<NOTE: 16 USC 7701 note.>> SHORT TITLE.
This Act may be cited as the ``Ensuring Access to Pacific Fisheries
Act''.
TITLE I--NORTH PACIFIC FISHERIES
Subtitle A--North Pacific Fisheries Convention Implementation
SEC. 101. <<NOTE: 16 USC 7701.>> DEFINITIONS.
In this subtitle:
(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.--
[[Page 130 STAT. 1975]]
(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;
[[Page 130 STAT. 1976]]
(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. <<NOTE: 16 USC 7702.>> 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 five 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) <<NOTE: Consultation.>> Alternate Commissioners.--In the event
of a vacancy in a position as a Commissioner appointed under subsection
(a),
[[Page 130 STAT. 1977]]
the Secretary of State, in consultation with the Secretary, may
designate from time to time and for periods of time considered
appropriate an alternate Commissioner to the Commission. An alternate
Commissioner may exercise all powers and duties of a Commissioner in the
absence of a Commissioner appointed under subsection (a), and shall
serve the remainder of the term of the absent Commissioner for which
designated.
(c) Administrative Matters.--
(1) Employment status.--An individual serving as a
Commissioner, or an alternative Commissioner, other than an
officer or employee of the United States Government, shall not
be considered a Federal employee, except for the purposes of
injury compensation or tort claims liability as provided in
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
(2) Compensation.--An individual serving as a Commissioner
or an alternate Commissioner, although an officer of the United
States while so serving, shall receive no compensation for the
individual's services as such Commissioner or alternate
Commissioner.
(3) Travel expenses.--
(A) In general.--The Secretary of State shall pay
the necessary travel expenses of a Commissioner or an
alternate Commissioner in accordance with the Federal
Travel Regulations and sections 5701, 5702, 5704 through
5708, and 5731 of title 5, United States Code.
(B) Reimbursement.--The Secretary may reimburse the
Secretary of State for amounts expended by the Secretary
of State under this paragraph.
(d) Advisory Committee.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory
committee which shall be composed of 11 members
appointed by the Secretary as follows:
(i) A member engaging in commercial fishing
activities in the management area of the North
Pacific Fishery Management Council.
(ii) A member engaging in commercial fishing
activities in the management area of the Pacific
Fishery Management Council.
(iii) A member engaging in commercial fishing
activities in the management area of the Western
Pacific Fishery Management Council.
(iv) Three members from the indigenous
population of the North Pacific, including an
Alaska Native, Native Hawaiian, or a native-born
inhabitant of any State of the United States in
the Pacific, and an individual from a Pacific
Coast tribe.
(v) A member that is a marine fisheries
scientist that is a resident of a State the
adjacent exclusive economic zone for which is
bounded by the Convention Area.
(vi) A member nominated by the Governor of the
State of Alaska.
(vii) A member nominated by the Governor of
the State of Hawaii.
[[Page 130 STAT. 1978]]
(viii) A member nominated by the Governor of
the State of Washington.
(ix) A member nominated by the Governor of the
State of California.
(B) Terms and privileges.--Each member of the
Advisory Committee shall serve for a term of 2 years and
shall be eligible for reappointment for not more than 3
consecutive terms. <<NOTE: Notification.>> The
Commissioners shall notify the Advisory Committee in
advance of each meeting of the Commissioners. The
Advisory Committee shall attend each meeting and shall
examine and be heard on all proposed programs,
investigations, reports, recommendations, and
regulations of the Commissioners.
(C) Procedures.--
(i) <<NOTE: Determination.>> In general.--The
Advisory Committee shall determine its
organization and prescribe its practices and
procedures for carrying out its functions under
this subtitle, the North Pacific Fisheries
Convention, and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.).
(ii) <<NOTE: Publication.>> Public
availability of procedures.--The Advisory
Committee shall publish and make available to the
public a statement of its organization, practices,
and procedures.
(iii) Quorum.--A majority of the members of
the Advisory Committee shall constitute a quorum
to conduct business.
(iv) Public meetings.--Meetings of the
Advisory Committee, except when in executive
session, shall be open to the
public. <<NOTE: Notifications.>> Prior notice of
each non-executive meeting shall be made public in
a timely fashion. The Advisory Committee shall not
be subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
(v) Cost savings.--In order to reduce the cost
of Advisory Committee meetings, the Advisory
Committee shall, to the extent practicable,
utilize teleconferences and webinars for that
purpose.
(D) Provision of information.--The Secretary and the
Secretary of State shall furnish the Advisory Committee
with relevant information concerning fisheries resources
and international fishery agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide
to the Advisory Committee in a timely manner such
administrative and technical support services as are
necessary to function effectively.
(B) Compensation; status.--An individual appointed
to serve as a member of the Advisory Committee--
(i) shall serve without pay; and
(ii) shall not be considered a Federal
employee, except for the purposes of injury
compensation or tort claims liability as provided
in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.
(C) Travel expenses.--
(i) In general.--The Secretary of State may
pay the necessary travel expenses of members of
the
[[Page 130 STAT. 1979]]
Advisory Committee in carrying out the duties of
the Advisory Committee in accordance with the
Federal Travel Regulations and sections 5701,
5702, 5704 through 5708, and 5731 of title 5,
United States Code.
(ii) Reimbursement.--The Secretary may
reimburse the Secretary of State for amounts
expended by the Secretary of State under this
subparagraph.
SEC. 103. <<NOTE: 16 USC 7703.>> 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) <<NOTE: Consultation.>> 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 subtitle.
SEC. 104. <<NOTE: 16 USC 7704.>> AUTHORITY OF THE SECRETARY OF
COMMERCE.
(a) Promulgation of Regulations.--
(1) <<NOTE: Consultation.>> 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 subtitle, including recommendations and decisions adopted
by the Commission.
(2) Regulations of straddling stocks.--In the implementation
of a measure adopted by the Commission that would govern a
straddling stock under the authority of a Council, any
regulation promulgated by the Secretary to implement such
measure within the exclusive economic zone shall be approved by
such Council.
(b) <<NOTE: Applicability.>> Rule of Construction.--Regulations
promulgated under subsection (a) shall be applicable only to a person or
a fishing vessel that is or has engaged in fishing activities, or
fisheries resources covered by the North Pacific Fisheries Convention
under this subtitle.
(c) Additional Authority.--The Secretary may conduct, and may
request and utilize on a reimbursed or nonreimbursed basis the
assistance, services, personnel, equipment, and facilities of other
Federal departments and agencies in--
(1) scientific, research, and other programs under this
subtitle;
(2) fishing operations and biological experiments for
purposes of scientific investigation or other purposes necessary
to implement the North Pacific Fisheries Convention;
[[Page 130 STAT. 1980]]
(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 subtitle.
(d) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this subtitle, the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.), the Tuna
Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna
Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law 108-219
(16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the Western
and Central Pacific Fisheries Convention Implementation Act (16 U.S.C.
6901 et seq.), the National Oceanic and Atmospheric Administration
Authorization Act of 1992 (Public Law 102-567) and the amendments made
by that Act, and Public Law 100-629 (102 Stat. 3286).
(e) <<NOTE: Deadlines.>> Judicial Review of Regulations.--
(1) In general.--Regulations promulgated by the Secretary
under this subtitle shall be subject to judicial review to the
extent authorized by, and in accordance with, chapter 7 of title
5, United States Code, if a petition for such review is filed
not later than 30 days after the date on which the regulations
are promulgated.
(2) Responses.--Notwithstanding any other provision of law,
the Secretary shall file a response to any petition filed in
accordance with paragraph (1), not later than 30 days after the
date the Secretary is served with that petition, except that the
appropriate court may extend the period for filing such a
response upon a showing by the Secretary of good cause for that
extension.
(3) Copies of administrative record.--A response of the
Secretary under paragraph (2) shall include a copy of the
administrative record for the regulations that are the subject
of the petition.
(4) Expedited hearings.--Upon a motion by the person who
files a petition under this subsection, the appropriate court
shall assign the matter for hearing at the earliest possible
date.
SEC. 105. <<NOTE: 16 USC 7705.>> ENFORCEMENT.
(a) In General.--The Secretary and the Secretary of the department
in which the Coast Guard is operating--
[[Page 130 STAT. 1981]]
(1) shall administer and enforce this subtitle and any
regulations issued under this subtitle; 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 subtitle.
(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 subtitle 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 subtitle. Any
person that violates this subtitle is subject to the penalties and
entitled to the privileges and immunities provided in the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.)
in the same manner, by the same means, and with the same jurisdiction,
power, and duties as though sections 308 through 311 of that Act (16
U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a
part of this subtitle.
(c) Jurisdiction of the Courts.--
(1) In general.--Subject to paragraphs (2) and (3), the
district courts of the United States shall have jurisdiction
over any case or controversy arising under this subtitle, and
any such court may at any time--
(A) enter restraining orders or prohibitions;
(B) issue warrants, process in rem, or other
process;
(C) prescribe and accept satisfactory bonds or other
security; and
(D) take such other actions as are in the interest
of justice.
(2) Hawaii and pacific insular areas.--In the case of Hawaii
or any possession of the United States in the Pacific Ocean, the
appropriate court is the United States District Court for the
District of Hawaii, except that--
(A) in the case of Guam and Wake Island, the
appropriate court is the United States District Court
for the District of Guam; and
(B) in the case of the Northern Mariana Islands, the
appropriate court is the United States District Court
for the District of the Northern Mariana Islands.
(3) Construction.--Each violation shall be a separate
offense and the offense 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 subtitle, and
information submitted under any requirement of this subtitle
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--
[[Page 130 STAT. 1982]]
(A) to a Federal employee who is responsible for
administering, implementing, or enforcing this subtitle;
(B) to the Commission, in accordance with
requirements in the North Pacific Fisheries Convention
and decisions of the Commission, and, insofar as
possible, in accordance with an agreement with the
Commission that prevents public disclosure of the
identity or business of any person;
(C) to State, Council, or marine fisheries
commission employees pursuant to an agreement with the
Secretary that prevents public disclosure of the
identity or business of any person;
(D) when required by court order; or
(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to another
person for a reason not otherwise provided for in this
paragraph, and such release does not violate other
requirements of this subtitle.
(2) Use of information.--
(A) <<NOTE: Regulations. Procedures.>> 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
subtitle.
(B) Exception.--The Secretary may release or make
public information submitted under this subtitle if the
information is in any aggregate or summary form that
does not directly or indirectly disclose the identity or
business of any person.
(3) Rule of construction.--Nothing in this subsection shall
be interpreted or construed to prevent the use for conservation
and management purposes by the Secretary of any information
submitted under this subtitle.
SEC. 106. <<NOTE: 16 USC 7706.>> PROHIBITED ACTS.
It is unlawful for any person--
(1) to violate this subtitle or any regulation or permit
issued under this subtitle;
(2) to use any fishing vessel to engage in fishing
activities without, or after the revocation or during the period
of suspension of, an applicable permit issued pursuant to this
subtitle;
(3) to refuse to permit any officer authorized to enforce
this subtitle to board a fishing vessel subject to such person's
control for the purposes of conducting any search,
investigation, or inspection in connection with the enforcement
of this subtitle or any regulation, permit, or the North Pacific
Fisheries Convention;
(4) to assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer in the conduct of any
search, investigation, or inspection in connection with the
enforcement of this subtitle or any regulation, permit, or the
North Pacific Fisheries Convention;
(5) to resist a lawful arrest for any act prohibited by this
subtitle or any regulation promulgated or permit issued under
this subtitle;
(6) to ship, transport, offer for sale, sell, purchase,
import, export, or have custody, control, or possession of, any
fisheries
[[Page 130 STAT. 1983]]
resources taken or retained in violation of this subtitle 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 subtitle;
(9) to assault, resist, oppose, impede, intimidate, sexually
harass, bribe, or interfere with any observer on a vessel under
this subtitle, or any data collector employed by or under
contract to any person to carry out responsibilities under this
subtitle;
(10) to engage in fishing activities in violation of any
regulation adopted pursuant to this subtitle;
(11) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports required by regulations
adopted pursuant to this subtitle to be made, kept, or
furnished;
(12) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States;
(13) to import, in violation of any regulation adopted
pursuant to this subtitle, any fisheries resources in any form
of those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any fisheries resources in any form not under regulation but
under investigation by the Commission, during the period such
fisheries resources have been denied entry in accordance with
this subtitle;
(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. <<NOTE: 16 USC 7707.>> 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 subtitle.
(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.
[[Page 130 STAT. 1984]]
(c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this subtitle, or in the laws of any State, prevents the
Secretary or the Commission from--
(1) conducting or authorizing the conduct of fishing
operations and biological experiments at any time for purposes
of scientific investigation; or
(2) discharging any other duties prescribed by the North
Pacific Fisheries Convention.
(d) State Jurisdiction Not Affected.--Nothing in this subtitle shall
be construed to diminish or to increase the jurisdiction of any State in
the territorial sea of the United States.
SEC. 108. <<NOTE: 16 USC 7708.>> 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. <<NOTE: 16 USC 7709.>> 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.
SEC. 110. <<NOTE: 16 USC 7710.>> AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated out of funds made available
to the Secretary and the Secretary of State $300,000 for each of fiscal
years 2017 through 2021 to carry out this subtitle and to pay the United
States contribution to the Commission under Article 12 of the North
Pacific Fisheries Convention.
Subtitle B--Miscellaneous
SEC. 121. FUNDING FOR TRAVEL EXPENSES.
(a) North Pacific Bering Sea Fisheries Advisory Body.--Section 5 of
the Act entitled ``An Act to approve the governing international fishery
agreement between the United States and the Union of Soviet Socialist
Republics, and for other purposes'', approved November 7, 1988 (Public
Law 100-629; 16 U.S.C. 1823 note), is amended by adding at the end the
following:
``(e) Travel Expenses.--
``(1) In general.--The Secretary of State may pay the
necessary travel expenses of the members of the advisory body
established pursuant to this section in carrying out their
service as such members in accordance with the Federal Travel
Regulations and sections 5701, 5702, 5704 through 5708, and 5731
of title 5, United States Code.
``(2) Reimbursement.--The Secretary of Commerce may
reimburse the Secretary of State for amounts expended by the
Secretary of State under this subsection.''.
(b) North Pacific Anadromous Fish Commission.--
[[Page 130 STAT. 1985]]
(1) United states commissioners.--Section 804 of the North
Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5003) is
amended by adding at the end the following:
``(e) Travel Expenses.--
``(1) In general.--The Secretary may pay the necessary
travel expenses of the United States Commissioners and Alternate
United States Commissioners in carrying out the duties of the
Commission in accordance with the Federal Travel Regulations and
sections 5701, 5702, 5704 through 5708, and 5731 of title 5,
United States Code.
``(2) Reimbursement.--The Secretary of Commerce may
reimburse the Secretary for amounts expended by the Secretary
under this subparagraph.''.
(2) Advisory panel.--Section 805 of the North Pacific
Anadromous Stocks Act of 1992 (16 U.S.C. 5004) is amended by
striking subsection (e) and inserting the following:
``(e) Compensation.--The members of the Advisory Panel shall receive
no compensation for their service as such members.
``(f) Travel Expenses.--
``(1) In general.--The Secretary may pay the necessary
travel expenses of the members of the Advisory Panel in carrying
out their service as such members in accordance with the Federal
Travel Regulations and sections 5701, 5702, 5704 through 5708,
and 5731 of title 5, United States Code.
``(2) Reimbursement.--The Secretary of Commerce may
reimburse the Secretary for amounts expended by the Secretary
under this subparagraph.''.
SEC. 122. NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT
OF 1998.
Section 10 of the National Sea Grant College Program Reauthorization
Act of 1998 (15 U.S.C. 1541) is amended by striking ``the United States
Coast Guard'' each place it appears and inserting ``another Federal
agency''.
TITLE II--IMPLEMENTATION OF THE CONVENTION ON THE CONSERVATION AND
MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC OCEAN
SEC. 201. <<NOTE: 16 USC 7801.>> 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.
[[Page 130 STAT. 1986]]
(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
[[Page 130 STAT. 1987]]
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. <<NOTE: 16 USC 7802.>> 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. <<NOTE: President.>> In making each appointment,
the President shall select a Commissioner from among individuals
who are knowledgeable or experienced concerning fishery
resources in the South Pacific Ocean.
(2) Representation.--At least 1 of the Commissioners shall
be--
(A) serving at the pleasure of the President, an
officer or employee of--
(i) the Department of Commerce;
(ii) the Department of State; or
(iii) the Coast Guard; and
(B) the chairperson or designee of the Council.
(b) <<NOTE: Consultation.>> Alternate Commissioners.--The Secretary
of State, in consultation with the Secretary, may designate from time to
time and for periods of time considered appropriate an alternate
Commissioner to the Commission. An alternate Commissioner may exercise
all powers and duties of a Commissioner in the absence of a Commissioner
appointed under subsection (a).
(c) Administrative Matters.--
(1) Employment status.--An individual serving as a
Commissioner, or as an alternate Commissioner, other than an
officer or employee of the United States Government, shall not
be considered a Federal employee, except for the purposes of
injury compensation or tort claims liability as provided in
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
(2) Compensation.--An individual serving as a Commissioner
or an alternate Commissioner, although an officer of the United
States while so serving, shall receive no compensation for the
individual's services as such Commissioner or alternate
Commissioner.
(3) Travel expenses.--
(A) In general.--The Secretary of State shall pay
the necessary travel expenses of a Commissioner or an
alternate Commissioner in accordance with the Federal
Travel Regulations and sections 5701, 5702, 5704 through
5708, and 5731 of title 5, United States Code.
(B) Reimbursement.--The Secretary may reimburse the
Secretary of State for amounts expended by the Secretary
of State under this paragraph.
(d) Advisory Committee.--
(1) Establishment of permanent advisory committee.--
[[Page 130 STAT. 1988]]
(A) Membership.--There is established an advisory
committee which shall be composed of 7 members appointed
by the Secretary as follows:
(i) A member engaging in commercial fishing in
the management area of the Council.
(ii) Two members from the indigenous
population of the Pacific, including a Native
Hawaiian and a native-born inhabitant of any State
in the Pacific.
(iii) A member that is a marine fisheries
scientist and a member of the Council's Scientific
and Statistical Committee.
(iv) A member representing a non-governmental
organization active in fishery issues in the
Pacific.
(v) A member nominated by the Governor of the
State of Hawaii.
(vi) A member designated by the Council.
(B) Terms and privileges.--Each member of the
Advisory Committee shall serve for a term of 2 years and
shall be eligible for reappointment for not more than 3
consecutive terms. <<NOTE: Notification.>> The
Commissioners shall notify the Advisory Committee in
advance of each meeting of the Commissioners. The
Advisory Committee may attend each meeting and may
examine and be heard on all proposed programs,
investigations, reports, recommendations, and
regulations of the Commissioners.
(C) Procedures.--
(i) <<NOTE: Determination.>> In general.--The
Advisory Committee shall determine its
organization and prescribe its practices and
procedures for carrying out its functions under
this title, the South Pacific Fisheries
Convention, and the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.).
(ii) <<NOTE: Publication.>> Public
availability of procedures.--The Advisory
Committee shall publish and make available to the
public a statement of its organization, practices,
and procedures.
(iii) Quorum.--A majority of the members of
the Advisory Committee shall constitute a quorum
to conduct business.
(iv) Public meetings.--Meetings of the
Advisory Committee, except when in executive
session, shall be open to the
public. <<NOTE: Notifications.>> Prior notice of
each non-executive meeting shall be made public in
a timely fashion. The Advisory Committee shall not
be subject to the Federal Advisory Committee Act
(5 U.S.C. App.).
(v) Cost savings.--In order to reduce the cost
of Advisory Committee meetings, the Advisory
Committee shall, to the extent practicable,
utilize teleconferences and webinars for that
purpose.
(D) Provision of information.--The Secretary and the
Secretary of State shall furnish the Advisory Committee
with relevant information concerning fishery resources
and international fishery agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide
to the Advisory Committee in a timely manner such
[[Page 130 STAT. 1989]]
administrative and technical support services as are
necessary to function effectively.
(B) Compensation; status; expenses.--An individual
appointed to serve as a member of the Advisory
Committee--
(i) shall serve without pay; and
(ii) shall not be considered a Federal
employee, except for the purposes of injury
compensation or tort claims liability as provided
in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.
SEC. 203. <<NOTE: 16 USC 7803.>> 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) <<NOTE: Consultation.>> 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. <<NOTE: 16 USC 7804.>> 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) <<NOTE: Consultation.>> 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.
[[Page 130 STAT. 1990]]
(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) <<NOTE: Deadlines.>> 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. <<NOTE: 16 USC 7805.>> 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 and the Secretary
of the department in which the Coast Guard is operating shall prevent
any person from violating this title in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though
sections 308 through 311 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1858 through 1861) were incorporated into
and made
[[Page 130 STAT. 1991]]
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.--
(1) In general.--The district courts of the United States
shall have jurisdiction over any actions arising under this
section.
(2) Hawaii and pacific insular areas.--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--
(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 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. <<NOTE: 16 USC 7806.>> 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;
[[Page 130 STAT. 1992]]
(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. <<NOTE: 16 USC 7807.>> 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. <<NOTE: 16 USC 7808.>> TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the Commission
and its subsidiary bodies by American Samoa, Guam,
[[Page 130 STAT. 1993]]
and the Commonwealth of the Northern Mariana Islands to the extent
allowed under United States law.
SEC. 209. <<NOTE: 16 USC 7809.>> 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.
SEC. 210. <<NOTE: 16 USC 7810.>> AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There is authorized to be appropriated out of funds
made available to the Secretary and the Secretary of State $300,000 for
each of fiscal years 2017 through 2021 to carry out this title and to
pay the United States contribution to the Commission under Article 15 of
the South Pacific Fisheries Convention.
(b) International Cooperation and Assistance.--
(1) In general.--Subject to the limits of available
appropriations and consistent with applicable law, the Secretary
or the Secretary of State may provide appropriate assistance,
including grants, to developing nations and international
organizations of which such nations are members to assist those
nations in meeting their obligations under the South Pacific
Fisheries Convention.
(2) Transfer of funds.--Subject to the limits of available
appropriations and consistent with other applicable law, the
Secretary and the Secretary of State are authorized to transfer
funds to any foreign government and any international, non-
governmental, or international organization, including the
Commission, for purposes of carrying out the international
responsibilities under paragraph (1).
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) <<NOTE: Deadline.>> 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
[[Page 130 STAT. 1994]]
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. <<NOTE: 16 USC 6909a.>> UNITED STATES CONSERVATION,
MANAGEMENT, AND ENFORCEMENT OBJECTIVES.
``The <<NOTE: Consultation. Negotiations.>> Secretary, in
consultation with the Secretary of State, in the course of negotiations,
shall seek--
``(1) to minimize any disadvantage to United States
fishermen in relation to other members of the Commission;
``(2) <<NOTE: Determination.>> to 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) to 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) to 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--
(1) in paragraph (7), by striking ``and'' at the end;
(2) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(3) 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
[[Page 130 STAT. 1995]]
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-- <<NOTE: Northwest Atlantic Fisheries Convention Amendments
Act.>> NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT
SEC. 501. <<NOTE: 16 USC 5601 note.>> 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
[[Page 130 STAT. 1996]]
(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.
[[Page 130 STAT. 1997]]
``(6) Convention area.--The term `Convention Area' means the
waters of the Northwest Atlantic Ocean north of 3500' N and
west of a line extending due north from 3500' N and 4200' W to
5900' N, thence due west to 4400' W, and thence due north to
the coast of Greenland, and the waters of the Gulf of St.
Lawrence, Davis Strait and Baffin Bay south of 7810' N.
``(7) Council.--The term `Council' means the New England
Fishery Management Council or the Mid-Atlantic Fishery
Management Council.
``(8) Fishery resources.--
``(A) In general.--The term `fishery resources'
means all fish, mollusks, and crustaceans, including any
products thereof, within the Convention Area.
``(B) Exclusions.--The term `fishery resources' does
not include--
``(i) sedentary species over which coastal
States may exercise sovereign rights consistent
with Article 77 of the 1982 Convention; or
``(ii) insofar 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
[[Page 130 STAT. 1998]]
(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. AUTHORIZATION OF APPROPRIATIONS.
Section 211 (16 U.S.C. 5610) is amended--
(1) by striking ``including use for payment as the United
States contribution to the Organization as provided in Article
XVI of the Convention'' and inserting ``including to pay the
United States contribution to the Organization as provided in
Article IX of the Convention''; and
(2) by striking ``2012'' and inserting ``2021''.
SEC. 510. QUOTA ALLOCATION PRACTICE.
Section 213 (16 U.S.C. 5612) <<NOTE: Repealed.>> is repealed.
TITLE VI--MISCELLANEOUS
SEC. 601. REPEAL OF NOAA OCEANS AND HUMAN HEALTH INITIATIVE
REPORT.
Section 904 of the Oceans and Human Health Act (33 U.S.C. 3103) is
amended--
[[Page 130 STAT. 1999]]
(1) in subsection (a), by striking ``(a) In General.--'' and
indenting appropriately; and
(2) by striking subsection (b).
Approved December 16, 2016
LEGISLATIVE HISTORY--H.R. 6452:
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CONGRESSIONAL RECORD, Vol. 162 (2016):
Dec. 8, considered and passed House.
Dec. 9, considered and passed Senate.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2016):
Dec. 16, Presidential statement.
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