[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2482 Reported in Senate (RS)]
Calendar No. 621
113th CONGRESS
2d Session
S. 2482
To implement the Convention on the Conservation and Management of the
High Seas Fisheries Resources in the North Pacific Ocean, as adopted at
Tokyo on February 24, 2012, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 17, 2014
Mr. Begich (for himself and Mr. Schatz) introduced the following bill;
which was read twice and referred to the Committee on Commerce,
Science, and Transportation
December 8, 2014
Reported by Mr. Rockefeller, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To implement the Convention on the Conservation and Management of the
High Seas Fisheries Resources in the North Pacific Ocean, as adopted at
Tokyo on February 24, 2012, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``North Pacific Fisheries
Convention Implementation Act''.</DELETED>
<DELETED>SEC. 2. DEFINITIONS.</DELETED>
<DELETED> In this Act:</DELETED>
<DELETED> (1) Advisory committee.--The term ``Advisory
Committee'' means the advisory committee established under
section 3.</DELETED>
<DELETED> (2) Commission.--The term ``Commission'' means the
North Pacific Fisheries Commission established pursuant to the
North Pacific Fisheries Convention.</DELETED>
<DELETED> (3) Commissioner.--The term ``Commissioner'' means
a U.S. Commissioner appointed under section 3.</DELETED>
<DELETED> (4) Convention area.--The term ``Convention Area''
means the waters of the high seas areas of the North Pacific
Ocean, excluding the high seas areas of the Bering Sea and
other high seas areas that are surrounded by the exclusive
economic zone of a single nation, which are bounded to the
south by a continuous line beginning at the seaward limit of
waters under the jurisdiction of the United States around the
Commonwealth of the Northern Mariana Islands at 20 degrees
North latitude, then proceeding East and connecting the
coordinates: 2000'00'', 18000'00''E/W; 1000'00''N
18000'00''E/W; 1000'00''N, 14000'00''W; 2000'00''N,
14000'00''W; and thence East to the seaward limit of waters
under the fisheries jurisdiction of Mexico.</DELETED>
<DELETED> (5) Council.--The term ``Council'' means the
Western Pacific Fishery Management Council, the Pacific Fishery
Management Council, or the North Pacific Fishery Management
Council.</DELETED>
<DELETED> (6) Exclusive economic zone.--The term ``exclusive
economic zone'' means the zone established by Presidential
Proclamation Numbered 5030 of March 10, 1983.</DELETED>
<DELETED> (7) Fisheries resources.--</DELETED>
<DELETED> (A) In general.--The term ``fisheries
resources'' means all fish, mollusks, crustaceans, and
other marine species caught by a fishing vessel within
the Convention Area.</DELETED>
<DELETED> (B) Exclusions.--The term ``fisheries
resources'' does not include--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (ii) catadromous
species;</DELETED>
<DELETED> (iii) marine mammals, marine
reptiles, or seabirds; or</DELETED>
<DELETED> (iv) other marine species already
covered by pre-existing international fisheries
management instruments within the area of
competence of such instruments.</DELETED>
<DELETED> (8) Fishing activities.--</DELETED>
<DELETED> (A) In general.--The term ``fishing
activities'' means--</DELETED>
<DELETED> (i) the actual or attempted
searching for, catching, taking, or harvesting
of fisheries resources;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (iii) the processing of fisheries
resources at sea;</DELETED>
<DELETED> (iv) the transhipment of fisheries
resources at sea or in port; and</DELETED>
<DELETED> (v) any operation at sea in direct
support of, or in preparation for, any activity
described in clauses (i) through (iv),
including transshipment.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (9) Fishing vessel.--The term ``fishing vessel''
means any vessel used or intended for use for the purpose of
engaging in fishing activities, including a processing vessel,
a support ship, a carrier vessel, or any other vessel directly
engaged in such fishing activities.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (11) Person.--The term ``person'' means--
</DELETED>
<DELETED> (A) any individual, whether or not a
citizen or national of the United States;</DELETED>
<DELETED> (B) any corporation, partnership,
association, or other entity, whether or not organized
or existing under the laws of any State; and</DELETED>
<DELETED> (C) any Federal, State, local, tribal, or
foreign government or any entity of such
government.</DELETED>
<DELETED> (12) Secretary.--The term ``Secretary'' means the
Secretary of Commerce.</DELETED>
<DELETED> (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, and any other
commonwealth, territory, or possession of the United
States.</DELETED>
<DELETED> (14) Transshipment.--The term ``transshipment''
means the unloading of any fisheries resources taken in the
Convention Area from 1 fishing vessel to another fishing vessel
either at sea or in port.</DELETED>
<DELETED> (15) 1982 convention.--The term ``1982
Convention'' means the United Nations Convention on the Law of
the Sea of 10 December 1982.</DELETED>
<DELETED>SEC. 3. APPOINTMENT OF UNITED STATES COMMISSIONER.</DELETED>
<DELETED> (a) Appointment.--The United States shall be represented
on the Commission by 1 U.S. Commissioner. The President shall appoint
an individual to serve on the Commission at the pleasure of the
President. In making an appointment, the President shall select an
individual who is knowledgeable or experienced concerning fisheries
resources in the North Pacific Ocean.</DELETED>
<DELETED> (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) for whatever reason.</DELETED>
<DELETED> (c) Administrative Matters.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Travel expenses.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Reimbursement.--The Secretary may
reimburse the Secretary of State for amounts expended
by the Secretary of State under this
paragraph.</DELETED>
<DELETED> (d) Advisory Committee.--</DELETED>
<DELETED> (1) Establishment of permanent advisory
committee.--</DELETED>
<DELETED> (A) Membership.--There is established an
advisory committee which shall be composed of--
</DELETED>
<DELETED> (i) an individual that is a
resident of Alaska appointed by the North
Pacific Fishery Management Council;</DELETED>
<DELETED> (ii) an individual appointed by
the Pacific Fishery Management
Council;</DELETED>
<DELETED> (iii) an individual appointed by
the Western Pacific Fishery Management Council;
and</DELETED>
<DELETED> (iv) 2 individuals appointed by
the Secretary, including--</DELETED>
<DELETED> (I) an Alaska Native, a
Native Hawaiian, a native-born
inhabitant of any possession of the
United States in the Pacific Ocean, or
a member of a Pacific Northwest tribe;
and</DELETED>
<DELETED> (II) a marine fisheries
scientist that is a resident of a State
the adjacent exclusive economic zone
for which is bounded by the Convention
Area.</DELETED>
<DELETED> (B) Terms and privileges.--Each member of
the Advisory Committee shall serve for a term of 2
years and shall be eligible for reappointment. The
Commissioner shall notify in advance the Advisory
Committee of each meeting of the Commission. The
Advisory Committee may attend each meeting and may
examine and be heard on all proposed programs of
investigation, reports, recommendations, and
regulations of the Commission.</DELETED>
<DELETED> (C) Procedures.--The Advisory Committee
shall determine its organization and prescribe its
practices and procedures for carrying out its functions
under this Act, the North Pacific Fisheries Convention,
and the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). 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 to conduct
business. Meetings of the Advisory Committee, except
when in executive session, shall be open to the public.
Prior notice of each non-executive meeting shall be
made public in a timely fashion. The Advisory Committee
shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.).</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Administrative matters.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (B) Compensation; status; expenses.--An
individual appointed to serve as a member of the
Advisory Committee--</DELETED>
<DELETED> (i) shall serve without pay, but
while away from the individual's home or
regular place 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 a
person employed intermittently in the
Government service is allowed expenses under
section 5703 of title 5, United States Code;
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (e) Memorandum of Understanding.--For fisheries resources
in the Convention Area, 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 each relevant Council with respect
to--</DELETED>
<DELETED> (1) participation in U.S. delegations to
international fishery organizations in the Pacific Ocean,
including government-to-government consultations;</DELETED>
<DELETED> (2) providing formal recommendations to the
Secretary and the Secretary of State regarding necessary
measures for both domestic and foreign vessels fishing for
fisheries resources;</DELETED>
<DELETED> (3) coordinating positions with the U.S.
delegation for presentation to the appropriate international
fishery organization; and</DELETED>
<DELETED> (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.).</DELETED>
<DELETED>SEC. 4. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF
STATE.</DELETED>
<DELETED> The Secretary of State may--</DELETED>
<DELETED> (1) receive and transmit, on behalf of the United
States, reports, requests, recommendations, proposals,
decisions, and other communications of and to the
Commission;</DELETED>
<DELETED> (2) in consultation with the Secretary, approve,
disapprove, object to, or withdraw objections to bylaws and
rules, or amendments thereof, adopted by the
Commission;</DELETED>
<DELETED> (3) with the concurrence of the Secretary, approve
or disapprove the general annual program of the Commission with
respect to conservation and management measures and other
measures proposed or adopted in accordance with the North
Pacific Fisheries Convention; and</DELETED>
<DELETED> (4) act upon, or refer to other appropriate
authority, any communication under paragraph (1).</DELETED>
<DELETED>SEC. 5. RULEMAKING AUTHORITY OF THE SECRETARY OF
COMMERCE.</DELETED>
<DELETED> (a) Promulgation of Regulations.--The Secretary, in
consultation with the Secretary of State and, with respect to
enforcement measures, the Secretary of the department in which the
Coast Guard is operating, is authorized to promulgate such regulations
as may be necessary to carry out the U.S. international obligations
under the North Pacific Fisheries Convention and this Act, including
recommendations and decisions adopted by the Commission. If the
Secretary has discretion in the implementation of 1 or more measures
adopted by the Commission that would govern fisheries resources under
the authority of a Regional Fishery Management Council, the Secretary
may promulgate, to the extent practicable within the implementation
schedule of the North Pacific Fisheries Convention and any
recommendations and decisions adopted by the Commission, such
regulations in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).</DELETED>
<DELETED> (b) Rule of Construction.--Regulations promulgated under
subsection (a) shall be applicable only to a person, a fishing vessel,
or fisheries resources covered by the North Pacific Fisheries
Convention or this Act.</DELETED>
<DELETED> (c) Judicial Review of Regulations.--</DELETED>
<DELETED> (1) In general.--Regulations promulgated by the
Secretary under this Act shall be subject to judicial review to
the extent authorized by, and in accordance with, chapter 7 of
title 5, United States Code, if a petition for such review is
filed not later than 30 days after the date on which the
regulations are promulgated or the action is published in the
Federal Register, as applicable.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 6. ENFORCEMENT.</DELETED>
<DELETED> (a) In General.--The Secretary and the Secretary of the
department in which the Coast Guard is operating--</DELETED>
<DELETED> (1) shall administer and enforce this Act and any
regulations issued under this Act, except to the extent
otherwise provided for in the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.);
and</DELETED>
<DELETED> (2) may request and utilize on a reimbursed or
non-reimbursed basis the assistance, services, personnel,
equipment, and facilities of other Federal departments and
agencies in the administration and enforcement of this
Act.</DELETED>
<DELETED> (b) Additional Authority.--The Secretary may conduct, and
may request and utilize on a reimbursed or non-reimbursed basis the
assistance, services, personnel, equipment, and facilities of other
Federal departments and agencies in--</DELETED>
<DELETED> (1) scientific, research, and other programs under
this Act;</DELETED>
<DELETED> (2) fishing operations and biological experiments
for purposes of scientific investigation or other purposes
necessary to implement the North Pacific Fisheries
Convention;</DELETED>
<DELETED> (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));</DELETED>
<DELETED> (4) if recommended by the Commissioners or
proposed by a Council with authority over the relevant
fisheries, the assessment and collection of fees, not to exceed
3 percent of the ex-vessel value of fish harvested by vessels
of the United States in fisheries managed pursuant to this Act,
to recover the actual costs to the United States of management
and enforcement under this Act, which shall be deposited as an
offsetting collection in, and credited to, the account
providing appropriations to carry out the functions of the
Secretary under this Act; and</DELETED>
<DELETED> (5) the issuance of permits to owners and
operators of U.S. vessels to fish in the Convention Area
seaward of the U.S. exclusive economic zone, under such terms
and conditions as the Secretary may prescribe, including the
period of time that a permit is valid.</DELETED>
<DELETED> (c) Consistency With Other Laws.--The Secretary shall
ensure the consistency, to the extent practicable, of fishery
management programs administered under this Act, the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), the
Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.), the South Pacific
Tuna Act of 1988 (16 U.S.C. 973 et seq.), section 401 of Public Law
108-219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), the
Atlantic Tunas Convention Act (16 U.S.C. 971 et seq.), and the Western
and Central Pacific Fisheries Convention Implementation Act (16 U.S.C.
6901 et seq.).</DELETED>
<DELETED> (d) Secretarial Actions.--Except as provided under
subsection (e), the Secretary and the Secretary of the department in
which the Coast Guard is operating shall prevent any person from
violating this Act in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though sections 308 through
311 of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1858, 1859, 1860, 1861) were incorporated into and made a part
of this Act. Any person that violates any provision of this Act is
subject to the penalties and entitled to the privileges and immunities
provided in the Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1801 et seq.) in the same manner, by the same means, and
with the same jurisdiction, power, and duties as though sections 308
through 311 of that Act (16 U.S.C. 1858, 1859, 1860, 1861) were
incorporated into and made a part of this Act.</DELETED>
<DELETED> (e) Jurisdiction of the Courts.--</DELETED>
<DELETED> (1) In general.--Subject to paragraphs (2) and
(3), the district courts of the United States shall have
exclusive jurisdiction over any case or controversy arising
under the provisions of this Act, and any such court may at any
time--</DELETED>
<DELETED> (A) enter restraining orders or
prohibitions;</DELETED>
<DELETED> (B) issue warrants, process in rem, or
other process;</DELETED>
<DELETED> (C) prescribe and accept satisfactory
bonds or other security; and</DELETED>
<DELETED> (D) take such other actions as are in the
interest of justice.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (A) in the case of Guam and Wake Island,
the appropriate court is the United States District
Court for the District of Guam; and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (3) Construction.--Each violation shall be a
separate offense and the offense shall be deemed to have been
committed not only in the district where the violation first
occurred, but also in any other district authorized by law. Any
offense not committed in any district is subject to the venue
provisions of section 3238 of title 18, United States
Code.</DELETED>
<DELETED> (f) Confidentiality.--</DELETED>
<DELETED> (1) In general.--Any information submitted to the
Secretary in compliance with any requirement under this Act
shall be confidential and may not be disclosed, except--
</DELETED>
<DELETED> (A) to a Federal employee who is
responsible for administering, implementing, and
enforcing this Act;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (C) to State or Marine Fisheries
Commission employees pursuant to an agreement with the
Secretary that prevents public disclosure of the
identity or business or person;</DELETED>
<DELETED> (D) when required by court order;
or</DELETED>
<DELETED> (E) when the Secretary has obtained
written authorization from the person submitting such
information to release such information to another
person for a reason not otherwise provided for in this
paragraph, and such release does not violate other
requirements of this Act.</DELETED>
<DELETED> (2) Use of information.--</DELETED>
<DELETED> (A) In general.--Except as provided under
subparagraph (B), the Secretary shall promulgate
regulations regarding the procedures the Secretary
considers necessary to preserve the confidentiality of
information submitted under this Act.</DELETED>
<DELETED> (B) Exception.--The Secretary may release
or make public information submitted under this Act if
the information is in any aggregate or summary form
that does not directly or indirectly disclose the
identity or business of any person.</DELETED>
<DELETED> (3) Rule of construction.--Nothing in this
subsection shall be interpreted or construed to prevent the use
for conservation and management purposes by the Secretary of
any information submitted under this Act.</DELETED>
<DELETED>SEC. 7. PROHIBITED ACTS.</DELETED>
<DELETED> (a) In General.--It is unlawful for any person--</DELETED>
<DELETED> (1) to violate any provision of this Act or any
regulation or permit issued pursuant to this Act;</DELETED>
<DELETED> (2) to use any fishing vessel to engage in fishing
activities after the revocation, or during the period of
suspension, on an applicable permit issued pursuant to this
Act;</DELETED>
<DELETED> (3) to refuse to permit any officer authorized to
enforce the provisions of this Act to board a fishing vessel
subject to such person's control for the purposes of conducting
any search, investigation, or inspection in connection with the
enforcement of this Act or any regulation, permit, or the North
Pacific Fisheries Convention;</DELETED>
<DELETED> (4) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search, investigation, or inspection in
connection with the enforcement of this Act or any regulation,
permit, or the North Pacific Fisheries Convention;</DELETED>
<DELETED> (5) to resist a lawful arrest for any act
prohibited by this Act;</DELETED>
<DELETED> (6) to knowingly and willfully ship, transport,
offer for sale, sell, purchase, import, export, or have
custody, control, or possession of, any fisheries resources
taken or retained in violation of this Act or any regulation,
permit, or agreement referred to in paragraph (1) or
(2);</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (8) to knowingly and willfully submit to the
Secretary false information (including false information
regarding the capacity and extent to which a United States fish
processor, on an annual basis, will process a portion of the
optimum yield of a fishery that will be harvested by fishing
vessels of the United States), regarding any matter that the
Secretary is considering in the course of carrying out this
Act;</DELETED>
<DELETED> (9) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with any
observer on a vessel under this Act, or any data collector
employed by or under contract to any person to carry out
responsibilities under this Act;</DELETED>
<DELETED> (10) to engage in fishing activities in violation
of any regulation adopted pursuant to this Act;</DELETED>
<DELETED> (11) to knowingly and willfully ship, transport,
purchase, sell, offer for sale, import, export, or have in
custody, possession, or control any fisheries resources taken
or retained in violation of such regulations;</DELETED>
<DELETED> (12) to fail to make, keep, or furnish any catch
returns, statistical records, or other reports required by
regulations adopted pursuant to this Act to be made, kept, or
furnished;</DELETED>
<DELETED> (13) to fail to stop a vessel upon being hailed
and instructed to stop by a duly authorized official of the
United States; or</DELETED>
<DELETED> (14) to import, in violation of any regulation
adopted pursuant to this Act, any fisheries resources in any
form of those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any fisheries resources in any form not under regulation but
under investigation by the Commission, during the period such
fisheries resources have been denied entry in accordance with
the provisions of this Act.</DELETED>
<DELETED> (b) Entry Certification.--In the case of any fisheries
resources described in subsection (a) offered for entry into the United
States, the Secretary shall require proof satisfactory to the Secretary
that such fisheries resources are not ineligible for such entry under
the terms of this Act.</DELETED>
<DELETED>SEC. 8. COOPERATION IN CARRYING OUT CONVENTION.</DELETED>
<DELETED> (a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary may cooperate with any Federal agency,
any public or private institution or organization within the United
States or abroad, and, through the Secretary of State, a duly
authorized official of the government of any party to the North Pacific
Fisheries Convention, in carrying out responsibilities under this
Act.</DELETED>
<DELETED> (b) Scientific and Other Programs; Facilities and
Personnel.--Each Federal agency is authorized, upon the request of the
Secretary, to cooperate in the conduct of scientific and other programs
and to furnish facilities and personnel for the purpose of assisting
the Commission in carrying out its duties under the North Pacific
Fisheries Convention.</DELETED>
<DELETED> (c) Sanctioned Fishing Operations and Biological
Experiments.--Nothing in this Act, or in the laws of any State,
prevents the Secretary or the Commission from--</DELETED>
<DELETED> (1) conducting or authorizing the conduct of
fishing operations and biological experiments at any time for
purposes of scientific investigation; or</DELETED>
<DELETED> (2) discharging any other duties prescribed by the
North Pacific Fisheries Convention.</DELETED>
<DELETED> (d) State Jurisdiction Not Affected.--Except as provided
in subsection (e), nothing in this Act shall be construed to diminish
or to increase the jurisdiction of any State in the territorial sea of
the United States.</DELETED>
<DELETED> (e) Application of Regulations.--</DELETED>
<DELETED> (1) In general.--Regulations promulgated under
this Act shall apply within the boundaries of any State
bordering on the Convention Area if--</DELETED>
<DELETED> (A) the Secretary has provided notice to
the State;</DELETED>
<DELETED> (B) the State does not request a formal
agency hearing; and</DELETED>
<DELETED> (C) the Secretary determines that the
State--</DELETED>
<DELETED> (i) has not, within a reasonable
period of time after the promulgation of
regulations under this Act, enacted laws that
implement the recommendations of the Commission
within the boundaries of the State;
or</DELETED>
<DELETED> (ii) has enacted laws that
implement the recommendations of the Commission
within the boundaries of the State that--
</DELETED>
<DELETED> (I) are less restrictive
than the regulations promulgated under
this Act; or</DELETED>
<DELETED> (II) are not effectively
enforced.</DELETED>
<DELETED> (2) Determination by secretary.--The regulations
promulgated under this Act shall apply until the Secretary
determines that the State is effectively enforcing within that
State's boundaries measures that are as restrictive or more
restrictive than the regulations promulgated under this
Act.</DELETED>
<DELETED> (3) Formal agency hearing.--If a State requests a
formal agency hearing, the Secretary shall not apply the
regulations promulgated under this Act within that State's
boundaries unless the hearing record supports a determination
under clause (i) or (ii) of paragraph (1)(C).</DELETED>
<DELETED> (f) Review of State Laws and Regulations.--To ensure that
the purposes of subsection (e) are carried out, the Secretary shall
undertake a continuing review of the laws of each State to which
subsection (e) applies or may apply and the extent to which such laws
and regulations are enforced.</DELETED>
<DELETED>SEC. 9. TERRITORIAL PARTICIPATION.</DELETED>
<DELETED> The Secretary of State shall ensure participation in the
Commission and its subsidiary bodies by the Commonwealth of the
Northern Mariana Islands to the same extent provided to the territories
of other nations.</DELETED>
<DELETED>SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.</DELETED>
<DELETED> Masters of commercial fishing vessels of nations fishing
under the management authority of the North Pacific Fisheries
Convention that do not carry vessel monitoring systems capable of
communicating with U.S. enforcement authorities shall, prior to or as
soon as reasonably possible after, entering and transiting the
exclusive economic zone bounded by the Convention Area--</DELETED>
<DELETED> (1) notify the U.S. Coast Guard of the name, flag
state, location, route, and destination of the vessel and of
the circumstances under which it will enter U.S.
waters;</DELETED>
<DELETED> (2) ensure that all fishing gear on board the
vessel is stowed below deck or otherwise removed from the place
it is normally used for fishing activities and placed where it
is not readily available for fishing activities; and</DELETED>
<DELETED> (3) if requested by an enforcement officer,
proceed to a specified location so that a vessel inspection can
be conducted.</DELETED>
<DELETED>SEC. 11. AUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> There are authorized to be appropriated to the Secretary
of Commerce such sums as may be necessary to carry out this Act and to
pay the United States contribution to the Commission under Article 12
of the North Pacific Fisheries Convention.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``North Pacific Fisheries Convention
Implementation Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Advisory committee.--The term ``Advisory Committee''
means the advisory committee established under section 3.
(2) Commission.--The term ``Commission'' means the North
Pacific Fisheries Commission established pursuant to the North
Pacific Fisheries Convention.
(3) Commissioner.--The term ``Commissioner'' means a U.S.
Commissioner appointed under section 3.
(4) Convention area.--The term ``Convention Area'' means
the waters of the high seas areas of the North Pacific Ocean,
excluding the high seas areas of the Bering Sea and other high
seas areas that are surrounded by the exclusive economic zone
of a single nation, which are bounded to the south by a
continuous line beginning at the seaward limit of waters under
the jurisdiction of the United States around the Commonwealth
of the Northern Mariana Islands at 20 degrees North latitude,
then proceeding East and connecting the coordinates:
2000'00'', 18000'00''E/W; 1000'00''N 18000'00''E/W;
1000'00''N, 14000'00''W; 2000'00''N, 14000'00''W; and
thence East to the seaward limit of waters under the fisheries
jurisdiction of Mexico.
(5) Council.--The term ``Council'' means the Western
Pacific Regional Fishery Management Council, the Pacific
Fishery Management Council, or the North Pacific Fishery
Management Council.
(6) Exclusive economic zone.--The term ``exclusive economic
zone'' means the zone established by Presidential Proclamation
Numbered 5030 of March 10, 1983.
(7) Fisheries resources.--
(A) In general.--The term ``fisheries resources''
means all fish, mollusks, crustaceans, and other marine
species caught by a fishing vessel within the
Convention Area.
(B) Exclusions.--The term ``fisheries resources''
does not include--
(i) sedentary species insofar as they are
subject to the sovereign rights of coastal
nations consistent with Article 77, paragraph 4
of the 1982 Convention and indicator species of
vulnerable marine ecosystems as listed in, or
adopted pursuant to, Article 13, paragraph 5 of
the North Pacific Fisheries Convention;
(ii) catadromous species;
(iii) marine mammals, marine reptiles, or
seabirds; or
(iv) other marine species already covered
by pre-existing international fisheries
management instruments within the area of
competence of such instruments.
(8) Fishing activities.--
(A) In general.--The term ``fishing activities''
means--
(i) the actual or attempted searching for,
catching, taking, or harvesting of fisheries
resources;
(ii) engaging in any activity that can
reasonably be expected to result in the
locating, catching, taking, or harvesting of
fisheries resources for any purpose;
(iii) the processing of fisheries resources
at sea;
(iv) the transhipment of fisheries
resources at sea or in port; or
(v) any operation at sea in direct support
of, or in preparation for, any activity
described in clauses (i) through (iv),
including transshipment.
(B) Exclusions.--The term ``fishing activities''
does not include any operation related to an emergency
involving the health or safety of a crew member or the
safety of a fishing vessel.
(9) Fishing vessel.--The term ``fishing vessel'' means any
vessel used or intended for use for the purpose of engaging in
fishing activities, including a processing vessel, a support
ship, a carrier vessel, or any other vessel directly engaged in
such fishing activities.
(10) 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.--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, and any other
commonwealth, territory, or possession of the United States.
(14) Straddling stock.--The term ``straddling stock'' means
a stock of fisheries resources which migrates between, or
occurs in, the economic exclusion zone of 1 or more parties to
the Convention and the Convention Area.
(15) Transshipment.--The term ``transshipment'' means the
unloading of any fisheries resources taken in the Convention
Area from 1 fishing vessel to another fishing vessel either at
sea or in port.
(16) 1982 convention.--The term ``1982 Convention'' means
the United Nations Convention on the Law of the Sea of 10
December 1982.
SEC. 3. APPOINTMENT OF U.S. COMMISSIONERS.
(a) Appointment.--
(1) In general.--The United States shall be represented on
the Commission by not more than 5 U.S. Commissioners. In making
each appointment, the President shall select a Commissioner
from among individuals who are knowledgeable or experienced
concerning fisheries resources in the North Pacific Ocean.
(2) Representation.--At least 1 of the Commissioners shall
be--
(A) serving at the pleasure of the President, an
officer or employee of--
(i) the Department of Commerce;
(ii) the Department of State; or
(iii) the United States Coast Guard; and
(B) the chairperson or designee of the North
Pacific Fishery Management Council;
(C) the chairperson or designee of the Pacific
Fishery Management Council; and
(D) the chairperson or designee of the Western
Pacific Regional Fishery Management 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 an alternative Commissioner, other than an
officer or employee of the United States Government, shall not
be considered a Federal employee, except for the purposes of
injury compensation or tort claims liability as provided in
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code.
(2) Compensation.--An individual serving as a Commissioner
or an alternate Commissioner, although an officer of the United
States while so serving, shall receive no compensation for the
individual's services as such Commissioner or alternate
Commissioner.
(3) Travel expenses.--
(A) In general.--The Secretary of State shall pay
the necessary travel expenses of a Commissioner or an
alternate Commissioner in accordance with the Federal
Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code.
(B) Reimbursement.--The Secretary may reimburse the
Secretary of State for amounts expended by the
Secretary of State under this paragraph.
(d) Advisory Committee.--
(1) Establishment of permanent advisory committee.--
(A) Membership.--There is established an advisory
committee which shall be composed of 11 members
appointed by the Secretary, including--
(i) a member engaging in commercial fishing
activities in the management area of the North
Pacific Fishery Management Council;
(ii) a member engaging in commercial
fishing activities in the management area of
the Pacific Fishery Management Council;
(iii) a member engaging in commercial
fishing activities in the management area of
the Western Pacific Regional Fishery Management
Council;
(iv) 3 members from the indigenous
population of the North Pacific including an
Alaska Native, Native Hawaiian or a native-born
inhabitant of any possession 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 representing a non-
governmental organization active in fishery
issues in the North Pacific;
(vii) a member nominated by the Governor of
the State of Alaska;
(viii) a member nominated by the Governor
of the State of Hawaii; and
(ix) a member nominated by the Governor of
the State of Washington.
(B) Terms and privileges.--Each member of the
Advisory Committee shall serve for a term of 2 years
and shall be eligible for reappointment for not more
than 3 consecutive terms. The Commissioners shall
notify the Advisory Committee in advance of each
meeting of the Commissioners. The Advisory Committee
may attend each meeting and may examine and be heard on
all proposed programs, investigations, reports,
recommendations, and regulations of the Commissioners.
(C) Procedures.--The Advisory Committee shall
determine its organization and prescribe its practices
and procedures for carrying out its functions under
this Act, the North Pacific Fisheries Convention, and
the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.). 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 to conduct
business. Meetings of the Advisory Committee, except
when in executive session, shall be open to the public.
Prior notice of each non-executive meeting shall be
made public in a timely fashion. The Advisory Committee
shall not be subject to the Federal Advisory Committee
Act (5 U.S.C. App.).
(D) Provision of information.--The Secretary and
the Secretary of State shall furnish the Advisory
Committee with relevant information concerning
fisheries resources and international fishery
agreements.
(2) Administrative matters.--
(A) Support services.--The Secretary shall provide
to the Advisory Committee in a timely manner such
administrative and technical support services as are
necessary to function effectively.
(B) Compensation; status; expenses.--An individual
appointed to serve as a member of the Advisory
Committee--
(i) shall serve without pay; and
(ii) shall not be considered a Federal
employee, except for the purposes of injury
compensation or tort claims liability as
provided in chapter 81 of title 5, United
States Code, and chapter 171 of title 28,
United States Code.
(e) Memorandum of Understanding.--For fisheries resources in the
Convention Area, the Secretary, in coordination with the Secretary of
State, shall develop a memorandum of understanding with each relevant
Council that clarifies the role of each relevant Council with respect
to--
(1) participation in U.S. delegations to international
fishery organizations in the Pacific Ocean, including
government-to-government consultations;
(2) providing formal recommendations to the Secretary and
the Secretary of State regarding necessary measures for both
domestic and foreign fishing vessels;
(3) coordinating positions with the U.S. 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. 4. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF STATE.
The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary, approve,
disapprove, object to, or withdraw objections to bylaws and
rules, or amendments thereof, adopted by the Commission;
(3) with the concurrence of the Secretary, approve or
disapprove the general annual program of the Commission with
respect to conservation and management measures and other
measures proposed or adopted in accordance with the North
Pacific Fisheries Convention; and
(4) act upon, or refer to other appropriate authority, any
communication under paragraph (1).
SEC. 5. AUTHORITY OF THE SECRETARY OF COMMERCE.
(a) Promulgation of Regulations.--The Secretary, in consultation
with the Secretary of State and, with respect to enforcement measures,
the Secretary of the department in which the Coast Guard is operating,
is authorized to promulgate such regulations as may be necessary to
carry out the U.S. international obligations under the North Pacific
Fisheries Convention and this Act, including recommendations and
decisions adopted by the Commission. If the Secretary has discretion in
the implementation of 1 or more measures adopted by the Commission that
would govern a straddling stock under the authority of a Council, the
Secretary shall promulgate, to the extent practicable within the
implementation schedule of the North Pacific Fisheries Convention and
any recommendations and decisions adopted by the Commission, such
regulations in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(b) Rule of Construction.--Regulations promulgated under subsection
(a) shall be applicable only to a person or a fishing vessel that is or
has engaged in fishing activities, or fisheries resources covered by
the North Pacific Fisheries Convention under this Act.
(c) Additional Authority.--The Secretary may conduct, and may
request and utilize on a reimbursed or non-reimbursed basis the
assistance, services, personnel, equipment, and facilities of other
Federal departments and agencies in--
(1) scientific, research, and other programs under this
Act;
(2) fishing operations and biological experiments for
purposes of scientific investigation or other purposes
necessary to implement the North Pacific Fisheries Convention;
(3) the collection, utilization, and disclosure of such
information as may be necessary to implement the North Pacific
Fisheries Convention, subject to sections 552 and 552a of title
5, United States Code, and section 402(b) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a(b));
(4) if recommended by the Commissioners, the assessment and
collection of fees, not to exceed 3 percent of the ex-vessel
value of fisheries resource harvested by vessels of the United
States in fisheries conducted in the Convention Area, to
recover the actual costs to the United States of management and
enforcement under this Act, which shall be deposited as an
offsetting collection in, and credited to, the account
providing appropriations to carry out the functions of the
Secretary under this Act; and
(5) the issuance of permits to owners and operators of U.S.
vessels to engage in fishing activities in the Convention Area
seaward of the U.S. exclusive economic zone, under such terms
and conditions as the Secretary may prescribe, including the
period of time that a permit is valid.
(d) Consistency With Other Laws.--The Secretary shall ensure the
consistency, to the extent practicable, of fishery management programs
administered under this Act, the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1801 et seq.), the Tuna Conventions Act
of 1950 (16 U.S.C. 951 et seq.), the South Pacific Tuna Act of 1988 (16
U.S.C. 973 et seq.), section 401 of Public Law 108-219 (16 U.S.C. 1821
note) (relating to Pacific albacore tuna), the Atlantic Tunas
Convention Act (16 U.S.C. 971 et seq.), and the Western and Central
Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et
seq.).
(e) Judicial Review of Regulations.--
(1) In general.--Regulations promulgated by the Secretary
under this Act shall be subject to judicial review to the
extent authorized by, and in accordance with, chapter 7 of
title 5, United States Code, if a petition for such review is
filed not later than 30 days after the date on which the
regulations are promulgated or the action is published in the
Federal Register, as applicable.
(2) Responses.--Notwithstanding any other provision of law,
the Secretary shall file a response to any petition filed in
accordance with paragraph (1), not later than 30 days after the
date the Secretary is served with that petition, except that
the appropriate court may extend the period for filing such a
response upon a showing by the Secretary of good cause for that
extension.
(3) Copies of administrative record.--A response of the
Secretary under paragraph (2) shall include a copy of the
administrative record for the regulations that are the subject
of the petition.
(4) Expedited hearings.--Upon a motion by the person who
files a petition under this subsection, the appropriate court
shall assign the matter for hearing at the earliest possible
date.
SEC. 6. ENFORCEMENT.
(a) In General.--The Secretary and the Secretary of the department
in which the Coast Guard is operating--
(1) shall administer and enforce this Act and any
regulations issued under this Act, except to the extent
otherwise provided for in the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.); and
(2) may request and utilize on a reimbursed or non-
reimbursed basis the assistance, services, personnel,
equipment, and facilities of other Federal departments and
agencies in the administration and enforcement of this Act.
(b) Secretarial Actions.--Except as provided under subsection (c),
the Secretary and the Secretary of the department in which the Coast
Guard is operating shall prevent any person from violating this Act
with respect to fishing activities or the conservation of fisheries
resources in the Convention Area in the same manner, by the same means,
and with the same jurisdiction, powers, and duties as though sections
308 through 311 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858, 1859, 1860, 1861) were incorporated
into and made a part of this Act. Any person that violates any
provision of this Act is subject to the penalties and entitled to the
privileges and immunities provided in the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same
manner, by the same means, and with the same jurisdiction, power, and
duties as though sections 308 through 311 of that Act (16 U.S.C. 1858,
1859, 1860, 1861) were incorporated into and made a part of this Act.
(c) Jurisdiction of the Courts.--
(1) In general.--Subject to paragraphs (2) and (3), the
district courts of the United States shall have exclusive
jurisdiction over any case or controversy arising under the
provisions of this Act, and any such court may at any time--
(A) enter restraining orders or prohibitions;
(B) issue warrants, process in rem, or other
process;
(C) prescribe and accept satisfactory bonds or
other security; and
(D) take such other actions as are in the interest
of justice.
(2) Hawaii and pacific insular areas.--In the case of
Hawaii or any possession of the United States in the Pacific
Ocean, the appropriate court is the United States District
Court for the District of Hawaii, except that--
(A) in the case of Guam and Wake Island, the
appropriate court is the United States District Court
for the District of Guam; and
(B) in the case of the Northern Mariana Islands,
the appropriate court is the United States District
Court for the District of the Northern Mariana Islands.
(3) Construction.--Each violation shall be a separate
offense and the offense shall be deemed to have been committed
not only in the district where the violation first occurred,
but also in any other district authorized by law. Any offense
not committed in any district is subject to the venue
provisions of section 3238 of title 18, United States Code.
(d) Confidentiality.--
(1) In general.--Any information submitted to the Secretary
in compliance with any requirement under this Act shall be
confidential and may not be disclosed, except--
(A) to a Federal employee who is responsible for
administering, implementing, or enforcing this Act;
(B) to the Commission, in accordance with
requirements in the North Pacific Fisheries Convention
and decisions of the Commission, and, insofar as
possible, in accordance with an agreement with the
Commission that prevents public disclosure of the
identity or business of any person;
(C) to State, Council, or Marine Fisheries
Commission employees pursuant to an agreement with the
Secretary that prevents public disclosure of the
identity or business of any person;
(D) when required by court order; or
(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to another
person for a reason not otherwise provided for in this
paragraph, and such release does not violate other
requirements of this Act.
(2) Use of information.--
(A) In general.--Except as provided under
subparagraph (B), the Secretary shall promulgate
regulations regarding the procedures the Secretary
considers necessary to preserve the confidentiality of
information submitted under this Act.
(B) Exception.--The Secretary may release or make
public information submitted under this Act if the
information is in any aggregate or summary form that
does not directly or indirectly disclose the identity
or business of any person.
(3) Rule of construction.--Nothing in this subsection shall
be interpreted or construed to prevent the use for conservation
and management purposes by the Secretary of any information
submitted under this Act.
SEC. 7. PROHIBITED ACTS.
It is unlawful for any person--
(1) to violate any provision of this Act or any regulation
or permit issued pursuant to this Act;
(2) to use any fishing vessel to engage in fishing
activities without, or after the revocation or during the
period of suspension of, an applicable permit issued pursuant
to this Act;
(3) to refuse to permit any officer authorized to enforce
the provisions of this Act to board a fishing vessel subject to
such person's control for the purposes of conducting any
search, investigation, or inspection in connection with the
enforcement of this Act or any regulation, permit, or the North
Pacific Fisheries Convention;
(4) to assault, resist, oppose, impede, intimidate, or
interfere with any such authorized officer in the conduct of
any search, investigation, or inspection in connection with the
enforcement of this Act or any regulation, permit, or the North
Pacific Fisheries Convention;
(5) to resist a lawful arrest for any act prohibited by
this Act or any regulation promulgated or permit issued under
this Act;
(6) to knowingly and willfully ship, transport, offer for
sale, sell, purchase, import, export, or have custody, control,
or possession of, any fisheries resources taken or retained in
violation of this Act or any regulation or permit referred to
in paragraph (1) or (2);
(7) to interfere with, delay, or prevent, by any means, the
apprehension or arrest of another person, knowing that such
other person has committed any act prohibited by this section;
(8) to knowingly and willfully submit to the Secretary
false information (including false information regarding the
capacity and extent to which a United States fish processor, on
an annual basis, will process a portion of the optimum yield of
a fishery that will be harvested by fishing vessels of the
United States), regarding any matter that the Secretary is
considering in the course of carrying out this Act;
(9) to assault, resist, oppose, impede, intimidate,
sexually harass, bribe, or interfere with any observer on a
vessel under this Act, or any data collector employed by or
under contract to any person to carry out responsibilities
under this Act;
(10) to engage in fishing activities in violation of any
regulation adopted pursuant to this Act;
(11) to knowingly and willfully ship, transport, purchase,
sell, offer for sale, import, export, or have in custody,
possession, or control any fisheries resources taken or
retained in violation of such regulations;
(12) to fail to make, keep, or furnish any catch returns,
statistical records, or other reports required by regulations
adopted pursuant to this Act to be made, kept, or furnished;
(13) to fail to stop a vessel upon being hailed and
instructed to stop by a duly authorized official of the United
States;
(14) to import, in violation of any regulation adopted
pursuant to this Act, any fisheries resources in any form of
those species subject to regulation pursuant to a
recommendation, resolution, or decision of the Commission, or
any fisheries resources in any form not under regulation but
under investigation by the Commission, during the period such
fisheries resources have been denied entry in accordance with
the provisions of this Act;
(15) to make or submit any false record, account, or label
for, or any false identification of, any fisheries resources
which has been, or is intended to be imported, exported,
transported, sold, offered for sale, purchased, or received in
interstate or foreign commerce; or
(16) to refuse to authorize and accept boarding by a duly
authorized inspector pursuant to procedures adopted by the
Commission for the boarding and inspection of fishing vessels
in the Convention Area.
SEC. 8. COOPERATION IN CARRYING OUT CONVENTION.
(a) Federal and State Agencies; Private Institutions and
Organizations.--The Secretary may cooperate with any Federal agency,
any public or private institution or organization within the United
States or abroad, and, through the Secretary of State, a duly
authorized official of the government of any party to the North Pacific
Fisheries Convention, in carrying out responsibilities under this Act.
(b) Scientific and Other Programs; Facilities and Personnel.--Each
Federal agency is authorized, upon the request of the Secretary, to
cooperate in the conduct of scientific and other programs and to
furnish facilities and personnel for the purpose of assisting the
Commission in carrying out its duties under the North Pacific Fisheries
Convention.
(c) Sanctioned Fishing Operations and Biological Experiments.--
Nothing in this Act, or in the laws of any State, prevents the
Secretary or the Commission from--
(1) conducting or authorizing the conduct of fishing
operations and biological experiments at any time for purposes
of scientific investigation; or
(2) discharging any other duties prescribed by the North
Pacific Fisheries Convention.
(d) State Jurisdiction Not Affected.--Nothing in this Act shall be
construed to diminish or to increase the jurisdiction of any State in
the territorial sea of the United States.
SEC. 9. TERRITORIAL PARTICIPATION.
The Secretary of State shall ensure participation in the Commission
and its subsidiary bodies by the Commonwealth of the Northern Mariana
Islands to the same extent provided to the territories of other
nations.
SEC. 10. EXCLUSIVE ECONOMIC ZONE NOTIFICATION.
Masters of commercial fishing vessels of nations fishing under the
management authority of the North Pacific Fisheries Convention that do
not carry vessel monitoring systems capable of communicating with U.S.
enforcement authorities shall, prior to or as soon as reasonably
possible after, entering and transiting the exclusive economic zone
bounded by the Convention Area--
(1) notify the U.S. Coast Guard of the name, flag state,
location, route, and destination of the vessel and of the
circumstances under which it will enter U.S. waters;
(2) ensure that all fishing gear on board the vessel is
stowed below deck or otherwise removed from the place it is
normally used for fishing activities and placed where it is not
readily available for fishing activities; and
(3) if requested by an enforcement officer, proceed to a
specified location so that a vessel inspection can be
conducted.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to the
Secretary and the Secretary of State such sums as may be necessary to
carry out this Act and to pay the United States contribution to the
Commission under Article 12 of the North Pacific Fisheries Convention.
(b) International Cooperation and Assistance.--
(1) In general.--Subject to the limits of available
appropriations and consistent with applicable law, the
Secretary or the Secretary of State shall provide appropriate
assistance to developing nations, and international
organizations of which such nations are members, to assist
those nations in meeting their obligations under the
Convention.
(2) Transfer of funds.--Subject to the limits of available
appropriations and consistent with other applicable law, the
Secretary and the Secretary of State are authorized to transfer
funds to any foreign government, international, non-
governmental, or international organization, including the
Commission, for purposes of carrying out the international
responsibilities under paragraph (1).
Calendar No. 621
113th CONGRESS
2d Session
S. 2482
_______________________________________________________________________
A BILL
To implement the Convention on the Conservation and Management of the
High Seas Fisheries Resources in the North Pacific Ocean, as adopted at
Tokyo on February 24, 2012, and for other purposes.
_______________________________________________________________________
December 8, 2014
Reported with an amendment