US Codex
Bill
Notes

H.R. 4576 — what changed

Ensuring Access to Pacific Fisheries Act

From Reported in House to Engrossed in House. 3 sections amended between Reported in House and Engrossed in House.

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

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

Sec. 202 Appointment or designation of united states commissioners

(a)
Appointment—
(1)
changed In general— The United States shall be represented on the Commission by not more than 3 three Commissioners. In making each appointment, the President shall select a Commissioner from among individuals who are knowledgeable or experienced concerning fishery resources in the South Pacific Ocean.
(2)
Representation— At least one of the Commissioners shall be—
(A)
serving at the pleasure of the President, an officer or employee of—
(i)
the Department of Commerce;
(ii)
the Department of State; or
(iii)
the Coast Guard; and
(B)
the chairperson or designee of the Council.
(b)
Alternate commissioners— The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time considered appropriate an alternate Commissioner to the Commission. An alternate Commissioner may exercise all powers and duties of a Commissioner in the absence of a Commissioner appointed under subsection (a).
(c)
Administrative matters—
(1)
Employment status— An individual serving as a Commissioner, or as an alternate Commissioner, other than an officer or employee of the United States Government, shall not be considered a Federal employee, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, United States Code, and chapter 171 of title 28, United States Code.
(2)
Compensation— An individual serving as a Commissioner or an alternate Commissioner, although an officer of the United States while so serving, shall receive no compensation for the individual’s services as such Commissioner or alternate Commissioner.
(3)
Travel expenses—
(A)
In general— The Secretary of State shall pay the necessary travel expenses of a Commissioner or an alternate Commissioner in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.
(B)
Reimbursement— The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph.

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

(a)
changed Application of act— Section 606(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g(b)) is amended by striking “and” at the end of paragraph (7), striking the period at the end of paragraph (8) and inserting “; and” , and”, and by adding at the end the following:

“(9) the Ensuring Access to Pacific Fisheries Act.”

(b)
Biennial reports— Section 607 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826h) is amended by inserting “on June 1 of that year” after “every 2 years thereafter,”.
(c)
Identification of vessels— Section 609(a) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended by striking “fishing vessels of that nation are engaged, or have” and inserting “any fishing vessel of that nation is engaged, or has”.
(d)
Identification of nations— Section 610(a)(2)(A) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826k) is amended by striking “calendar year” and inserting “3 years”.