Text: H.R.6452 — 114th Congress (2015-2016)All Information (Except Text)

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Public Law No: 114-327 (12/16/2016)

 
[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 35 00' N and 
        west of a line extending due north from 35 00' N and 42 00' W to 
        59 00' N, thence due west to 44 00' W, and thence due north to 
        the coast of Greenland, and the waters of the Gulf of St. 
        Lawrence, Davis Strait and Baffin Bay south of 78 10' N.
            ``(7) Council.--The term `Council' means the New England 
        Fishery Management Council or the Mid-Atlantic Fishery 
        Management Council.
            ``(8) Fishery resources.--
                    ``(A) In general.--The term `fishery resources' 
                means all fish, mollusks, and crustaceans, including any 
                products thereof, within the Convention Area.
                    ``(B) Exclusions.--The term `fishery resources' does 
                not include--
                          ``(i) sedentary species over which coastal 
                      States may exercise sovereign rights consistent 
                      with Article 77 of the 1982 Convention; or
                          ``(ii) 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:
---------------------------------------------------------------------------

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.

                                  <all>