H.R. 4576 — what changed
Ensuring Access to Pacific Fisheries Act
From Introduced in House to Reported in House. 15 sections amended and 10 added between Introduced in House and Reported in House.
Sec. 101 Definitions
In this title:
removed
Advisory Committee— The term Advisory Committee means the advisory committee established under section 102(d).
renumbered
was (4)
Commission— The term Commission means the North Pacific Fisheries Commission established in accordance with the North Pacific Fisheries Convention.
renumbered
was (5)
Commissioner— The term Commissioner means a United States Commissioner appointed under section 102(a).
renumbered
was (6)
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.
renumbered
was (7)
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.
renumbered
was (8)
Exclusive economic zone— The term exclusive economic zone means—
renumbered
was (8)(3)
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
added
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.
added
Fisheries resources—
added
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.
removed
with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country.
removed
Fisheries resources—
removed
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.
renumbered
was (9)(3)
Exclusions— The term fisheries resources does not include—
renumbered
was (9)(3)(3)
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;
renumbered
was (9)(3)(4)
catadromous species;
renumbered
was (9)(3)(5)
marine mammals, marine reptiles, or seabirds; or
renumbered
was (9)(3)(6)
other marine species already covered by preexisting international fisheries management instruments within the area of competence of such instruments.
added
Fishing activities—
removed
Fishing activities—
renumbered
was (10)(2)
In general— The term fishing activities means—
renumbered
was (10)(2)(3)
the actual or attempted searching for, catching, taking, or harvesting of fisheries resources;
renumbered
was (10)(2)(4)
engaging in any activity that can reasonably be expected to result in the locating, catching, taking, or harvesting of fisheries resources for any purpose;
renumbered
was (10)(2)(5)
the processing of fisheries resources at sea;
renumbered
was (10)(2)(6)
the transshipment of fisheries resources at sea or in port; or
renumbered
was (10)(2)(7)
any operation at sea in direct support of, or in preparation for, any activity described in clauses (i) through (iv), including transshipment.
renumbered
was (10)(3)
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.
renumbered
was (11)
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.
renumbered
was (12)
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.
renumbered
was (13)
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.
renumbered
was (14)
Person— The term person means—
renumbered
was (14)(3)
any individual, whether or not a citizen or national of the United States;
renumbered
was (14)(4)
any corporation, partnership, association, or other entity, whether or not organized or existing under the laws of any State; or
renumbered
was (14)(5)
any Federal, State, local, tribal, or foreign government or any entity of such government.
renumbered
was (15)
Secretary— Except as otherwise specifically provided, the term Secretary means the Secretary of Commerce.
renumbered
was (16)
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.
renumbered
was (17)
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.
renumbered
was (18)
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.
renumbered
was (19)
1982 Convention— The term 1982 Convention means the United Nations Convention on the Law of the Sea of 10 December 1982.
Sec. 102 United States participation in the North Pacific Fisheries Convention
United States Commissioners—
Number of Commissioners— The United States shall be represented on the Commission by 5 United States Commissioners.
Selection of Commissioners— The Commissioners shall be as follows:
Appointment by the President—
In general— Two of the Commissioners shall be appointed by the President and shall be an officer or employee of—
the Department of Commerce;
the Department of State; or
the Coast Guard.
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.
North Pacific Fishery Management Council— One Commissioner shall be the chairman of the North Pacific Fishery Management Council or a designee of such chairman.
Pacific Fishery Management Council— One Commissioner shall be the chairman of the Pacific Fishery Management Council or a designee of such chairperson.
Western Pacific Fishery Management Council— One Commissioner shall be the chairman of the Western Pacific Fishery Management Council or a designee of such chairperson.
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.
Administrative matters—
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.
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.
Travel expenses—
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.
Reimbursement— The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph.
removed
Advisory committee—
removed
Establishment of permanent advisory committee—
removed
Membership— There is established an advisory committee which shall be composed of 11 members appointed by the Secretary, including—
removed
a member engaging in commercial fishing activities in the management area of the North Pacific Fishery Management Council;
removed
a member engaging in commercial fishing activities in the management area of the Pacific Fishery Management Council;
removed
a member engaging in commercial fishing activities in the management area of the Western Pacific Fishery Management Council;
removed
3 members from the indigenous population of the North Pacific including an Alaska Native, a 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;
removed
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;
removed
a member nominated by the Governor of the State of Alaska;
removed
a member nominated by the Governor of the State of Hawaii; and
removed
a member nominated by the Governor of the State of Washington.
removed
Terms and privileges— Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment, except an individual may not be appointed to more than 3 terms. The Commissioners shall notify the Advisory Committee in advance of each meeting of the Commissioners. The Advisory Committee shall attend each such meeting and shall examine and be heard on all proposed programs, investigations, reports, and recommendations of the Commissioners.
removed
Procedures—
removed
In general— The Advisory Committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this title, the North Pacific Fisheries Convention, and the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
removed
Public availability of procedures— The Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures.
removed
Quorum— A majority of the members of the Advisory Committee shall constitute a quorum to conduct business.
removed
Public meetings— Meetings of the Advisory Committee, except when in executive session, shall be open to the public. Prior notice of each nonexecutive 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.).
removed
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.
removed
Administrative matters—
removed
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.
removed
Compensation; status— An individual appointed to serve as a member of the Advisory Committee—
removed
shall serve without pay; and
removed
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.
removed
Travel expenses—
removed
In general— The Secretary of State shall pay the necessary travel expenses of members of the 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.
removed
Reimbursement— The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subparagraph.
removed
United States participation— In instances in which the United States is participating in any meeting of the parties to the North Pacific Fisheries Convention, the United States shall be represented by the Commissioners and the Advisory Committee.
Sec. 103 Authority and responsibility of the Secretary of State
The Secretary of State may—
receive and transmit, on behalf of the United States, reports, requests, recommendations, proposals, decisions, and other communications of and to the Commission;
changed
in consultation with the Secretary, approve, disapprove, object to, act upon, or withdraw objections refer to bylaws and rules, or amendments thereof, adopted by the Commission;another appropriate authority, any communication received pursuant to paragraph (1);
changed
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; Convention, object to the decisions of the Commission; and
changed
act upon, request and utilize on a reimbursed or refer to non-reimbursed basis the assistance, services, personnel, equipment, and facilities of other appropriate authority, any communication Federal departments and agencies, foreign governments or agencies, or international intergovernmental organizations, in the conduct of scientific research and other programs under paragraph (1).this title.
Sec. 104 Authority of the Secretary of Commerce
Promulgation of regulations—
Authority— The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the department in which the Coast Guard is operating, may promulgate such regulations as may be necessary to carry out the United States international obligations under the North Pacific Fisheries Convention and this title, including recommendations and decisions adopted by the Commission.
changed
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.
Rule of construction— Regulations promulgated under subsection (a) shall be applicable only to a person or a fishing vessel that is or has engaged in fishing activities, or fisheries resources covered by the North Pacific Fisheries Convention under this title.
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—
scientific, research, and other programs under this title;
fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the North Pacific Fisheries Convention;
changed
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)); and1881a(b));
changed
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.valid; and
added
if recommended by the United States Commissioners, the assessment and collection of fees, not to exceed 3 percent of the ex-vessel value of fisheries resources harvested by vessels of the United States in fisheries conducted in the Convention Area, to recover the actual costs to the United States to carry out the functions of the Secretary under this title.
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).
Judicial review of regulations—
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.
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.
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.
Expedited hearings— Upon a motion by the person who files a petition under this subsection, the appropriate court shall assign the matter for hearing at the earliest possible date.
Sec. 105 Enforcement
In general— The Secretary and the Secretary of the department in which the Coast Guard is operating—
changed
shall administer and enforce this title and any regulations issued under this title, except to the extent otherwise provided for in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.); title; 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 the administration and enforcement of this title.
changed
Secretarial actions— Except as provided under subsection (c), the The Secretary and the Secretary of the department in which the Coast Guard is operating shall prevent any person from violating this title with respect to fishing activities or the conservation of fisheries resources in the Convention Area in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this title. Any person that violates this title is subject to the penalties and entitled to the privileges and immunities provided in the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same manner, by the same means, and with the same jurisdiction, power, and duties as though sections 308 through 311 of that Act (16 U.S.C. 1858, 1859, 1860, and 1861) were incorporated into and made a part of this title.
Jurisdiction of the courts—
changed
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 this title, and any such court may at any time—
enter restraining orders or prohibitions;
issue warrants, process in rem, or other process;
prescribe and accept satisfactory bonds or other security; and
take such other actions as are in the interest of justice.
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—
in the case of Guam and Wake Island, the appropriate court is the United States District Court for the District of Guam; and
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.
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.
Confidentiality—
changed
In general— Any information submitted to the Secretary in compliance with any requirement under this title, and information submitted under any requirement of this title that may be necessary to implement the Convention, including information submitted before the date of the enactment of this Act, shall be confidential and may not be disclosed, except—
to a Federal employee who is responsible for administering, implementing, or enforcing this title;
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;
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;
when required by court order; or
when the Secretary has obtained written authorization from the person submitting such information to release such information to another person for a reason not otherwise provided for in this paragraph, and such release does not violate other requirements of this title.
Use of information—
In general— Except as provided in subparagraph (B), the Secretary shall promulgate regulations regarding the procedures the Secretary considers necessary to preserve the confidentiality of information submitted under this title.
Exception— The Secretary may release or make public information submitted under this title if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person.
Rule of construction— Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management purposes by the Secretary of any information submitted under this title.
Sec. 106 Prohibited acts
It is unlawful for any person—
to violate this title or any regulation or permit issued under this title;
to use any fishing vessel to engage in fishing activities without, or after the revocation or during the period of suspension of, an applicable permit issued pursuant to this title;
to refuse to permit any officer authorized to enforce this title to board a fishing vessel subject to such person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of this title or any regulation, permit, or the North Pacific Fisheries Convention;
to assault, resist, oppose, impede, intimidate, or interfere with any such authorized officer in the conduct of any search, investigation, or inspection in connection with the enforcement of this title or any regulation, permit, or the North Pacific Fisheries Convention;
to resist a lawful arrest for any act prohibited by this title or any regulation promulgated or permit issued under this title;
changed
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 title or any regulation or permit referred to in paragraph (1) or (2);
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;
changed
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 title;
to assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel under this title, or any data collector employed by or under contract to any person to carry out responsibilities under this title;
to engage in fishing activities in violation of any regulation adopted pursuant to this title;
removed
to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in their custody, possession, or control any fisheries resources taken or retained in violation of such regulations;
renumbered
was (14)
to fail to make, keep, or furnish any catch returns, statistical records, or other reports required by regulations adopted pursuant to this title to be made, kept, or furnished;
renumbered
was (15)
to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States;
renumbered
was (16)
to import, in violation of any regulation adopted pursuant to this title, any fisheries resources in any form of those species subject to regulation pursuant to a recommendation, resolution, or decision of the Commission, or any fisheries resources in any form not under regulation but under investigation by the Commission, during the period such fisheries resources have been denied entry in accordance with this title;
renumbered
was (17)
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
renumbered
was (18)
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. 108 Territorial participation
changed
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 same extent provided to the territories of other nations.allowed under United States law.
Sec. 109 Exclusive economic zone notification
changed
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—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.
removed
notify the Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter United States waters;
removed
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
removed
if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted.
Sec. 201 Definitions
In this title:
removed
Advisory committee— The term “Advisory Committee” means the advisory committee established under section 202(d).
renumbered
was (4)
1982 convention— The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.
renumbered
was (5)
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.
added
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.
removed
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 South Pacific Ocean applies under Article 5 of such Convention.
renumbered
was (7)
Council— The term “Council” means the Western Pacific Regional Fishery Management Council.
renumbered
was (8)
Exclusive economic zone— The term exclusive economic zone means—
renumbered
was (8)(3)
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
added
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.
added
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—
removed
with respect to a foreign country, a designated zone similar to the zone referred to in subparagraph (A) for that country.
removed
Fisheries resources— The term “fisheries resources” means all fish within the Convention Area, including mollusks, crustaceans, and other living marine resources as may be decided by the Commission, but excluding—
renumbered
was (9)(3)
sedentary species insofar as they are subject to the national jurisdiction of coastal States pursuant to Article 77 paragraph 4 of the 1982 Convention;
renumbered
was (9)(4)
highly migratory species listed in Annex I of the 1982 Convention;
renumbered
was (9)(5)
anadromous and catadromous species; and
renumbered
was (9)(6)
marine mammals, marine reptiles and sea birds.
renumbered
was (10)
Fishing— The term “fishing”—
renumbered
was (10)(3)
except as provided in subparagraph (B), means—
renumbered
was (10)(3)(2)
the actual or attempted searching for, catching, taking, or harvesting of fishery resources;
added
engaging in any activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fishery resources for any purpose;
removed
engaging in any activity that can reasonably be expected to result in the locating, catching, taking or harvesting of fisheries resources for any purpose;
renumbered
was (10)(3)(4)
transshipment and any operation at sea, in support of, or in preparation for, any activity described in this subparagraph; and
renumbered
was (10)(3)(5)
the use of any vessel, vehicle, aircraft, or hovercraft in relation to any activity described in this subparagraph; and
renumbered
was (10)(4)
does not include any operation related to emergencies involving the health and safety of crew members or the safety of a fishing vessel.
added
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.
removed
Fishing vessel— The term “fishing vessel” means any vessel used or intended to be used for fishing, including any support ship, carrier vessel, or any other vessel directly engaged in fishing operations.
renumbered
was (12)
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.
renumbered
was (13)
Secretary— The term “Secretary” means the Secretary of Commerce.
renumbered
was (14)
South pacific fishery resources convention— The term “South Pacific Fishery Resources Convention” means the Convention on the Conservation and Management of the High Seas Fishery Resources in the South Pacific Ocean (including any annexes, amendments, or protocols that are in force, or have come into force, for the United States), which was adopted at Auckland, New Zealand, on November 14, 2009, by the International Consultations on the Proposed South Pacific Regional Fisheries Management Organization.
renumbered
was (15)
State— The term “State” means each of the several States of the United States, the District of Columbia, the Commonwealth of the Northern Mariana Islands, American Samoa, Guam, and any other commonwealth, territory, or possession of the United States.
Sec. 202 Appointment or designation of united states commissioners
Appointment—
In general— The United States shall be represented on the Commission by not more than 3 Commissioners. In making each appointment, the President shall select a Commissioner from among individuals who are knowledgeable or experienced concerning fishery resources in the South Pacific Ocean.
Representation— At least one of the Commissioners shall be—
serving at the pleasure of the President, an officer or employee of—
the Department of Commerce;
the Department of State; or
the Coast Guard; and
the chairperson or designee of the Council.
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).
Administrative matters—
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.
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.
Travel expenses—
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.
Reimbursement— The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this paragraph.
removed
Advisory committee—
removed
Establishment of permanent advisory committee—
removed
Membership— There is established an advisory committee that shall be composed of 6 members appointed by the Secretary, including—
removed
a member engaging in commercial fishing in the management area of the Council;
removed
2 members from the indigenous population of the Pacific, including a Native American Samoan;
removed
a member that is a marine fisheries scientist and a member of the Council’s Scientific and Statistical Committee;
removed
a member nominated by the Governor of the State of Hawaii; and
removed
a member designated by the Council.
removed
Terms and privileges— Each member of the Advisory Committee shall serve for a term of 2 years and shall be eligible for reappointment, except an individual may not be appointed to more than 3 terms. 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, and recommendations of the Commissioners.
removed
Procedures— 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.). 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 nonexecutive 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.).
removed
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.
removed
Administrative matters—
removed
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.
removed
Compensation; status; expenses— An individual appointed to serve as a member of the Advisory Committee—
removed
shall serve without pay; and
removed
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. 204 Responsibility of the secretary and rulemaking authority
Responsibilities— The Secretary may—
changed
administer this title and any regulations issued under this title, except to the extent otherwise provided for in this title; andtitle;
changed
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.prescribe; and
added
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.
Promulgation of regulations—
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.
changed
Applicability— Regulations promulgated under this subsection shall be applicable only to a person or fishing vessel that is or has engaged in fishing, and fisheries fishery resources covered by the Convention on the Conservation and Management of High Seas Fisheries Fishery Resources in the South Pacific Ocean under this title.
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).
Judicial review of regulations—
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.
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.
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.
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. 206 Prohibited acts
It is unlawful for any person—
to violate any provision of this title or of any regulation promulgated or permit issued under this title;
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;
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;
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;
to resist a lawful arrest for any act prohibited by this title or any regulation promulgated or permit issued under this title;
changed
to knowingly and willfully 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);
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;
changed
to knowingly and willfully submit to the Secretary false information, regarding any matter that the Secretary is considering in the course of carrying out this title;
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;
removed
to knowingly and willfully ship, transport, purchase, sell, offer for sale, import, export, or have in their custody, possession, or control any fishery resources taken or retained in violation such regulations;
renumbered
was (13)
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;
renumbered
was (14)
to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the United States;
renumbered
was (15)
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;
added
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
removed
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
renumbered
was (17)
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. 208 Territorial participation
changed
The Secretary of State shall ensure participation in the Commission and its subsidiary bodies by American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands to the same extent provided to the territories of other nations.allowed under United States law.
Sec. 209 Exclusive economic zone notification
changed
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—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.
removed
notify the Coast Guard of the name, flag state, location, route, and destination of the vessel and of the circumstances under which it will enter United States waters;
removed
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
removed
if requested by an enforcement officer, proceed to a specified location so that a vessel inspection can be conducted.
Sec. 301 Recommendations for agenda of annual meetings of Western and Central Pacific Fisheries Commission
In general— The Western and Central Pacific Fisheries Convention Implementation Act is amended—
in section 503 (16 U.S.C. 6902)—
in subsection (a), by inserting “and commercial fishing” after “fish stocks”; and
in subsection (d)(1), by adding at the end the following:
changed
“(E) No Agenda recommendations—No later than 15 30 days before each annual meeting of the Commission, the Advisory Committee shall transmit to the United States Commissioners recommendations relating to the agenda of the annual meeting. The recommendations must be agreed to by a majority of the Advisory Committee members. The United States Commissioners shall consider such recommendations 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.”
by redesignating section 511 (16 U.S.C. 6910) as section 512, and inserting after section 510 the following:
“511. United States conservation, management, and enforcement objectives
changed
“The Secretary, in consultation with the Secretary of State, shall initiate and conduct negotiations pursuant to this Act for in the purpose course of securing agreements that—negotiations, shall seek to—
“(1) minimize any disadvantage to United States fishermen in relation to other members of the Commission;
changed
“(2) maximize the opportunities for fishing vessels of the United States to harvest fish stocks on the high seas in the Convention area, recognizing that such harvests may be restricted if the Commission, based on an analysis by the Scientific Committee established best available scientific information provided by the Western and Central Pacific Convention, Scientific Committee, determines that limiting the access of fishing vessels of the United States to the high seas it is necessary for to achieve the conservation objective set forth in Article 2 of fish stocks subject to the Convention;
changed
“(3) prevent any requirement for the transfer to other nations or foreign entities of the fishing capacity, fishing capacity rights, or fishing vessels of the United States or its territories; territories, unless any such requirement is voluntary and market-based; and
“(4) ensure that conservation and management measures take into consideration traditional fishing patterns of fishing vessels of the United States and the operating requirements of the fisheries covered by the Western and Central Pacific Convention.”
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. 401 Amendments to the High Seas Driftnet Fishing Moratorium Protection Act
added
added
Application of act— Section 606(b) of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g(b)) is amended by striking “and” at the end of paragraph (7), striking the period at the end of paragraph (8) and inserting “; and” , and by adding at the end the following:
added “(9) the Ensuring Access to Pacific Fisheries Act.”
added
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,”.
added
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”.
added
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”.
Sec. 501 Short title; references to the Northwest Atlantic Fisheries Convention Act of 1995
added
added
Short title— This title may be cited as the “Northwest Atlantic Fisheries Convention Amendments Act”.
added
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
addedadded Section 202 (16 U.S.C. 5601) is amended—
added
in subsection (a)(1), by striking “General Council and the Fisheries”;
added
in subsection (b)(1), by striking “at a meeting of the General Council or the Fisheries Commission”;
added
in subsection (b)(2), by striking “, at any meeting of the General Council or the Fisheries Commission for which the Alternate Commissioner is designated”;
added
in subsection (d)(1), by striking “at a meeting of the Scientific Council”;
added
in subsection (d)(2), by striking “, at any meeting of the Scientific Council for which the Alternate Representative is designated”; and
added
in subsection (f)(1)(A), by striking “Magnuson Act” and inserting “Magnuson-Stevens Fishery Conservation and Management Act”.
Sec. 503 Requests for scientific advice
addedadded Section 203 (16 U.S.C. 5602) is amended—
added
in subsection (a)—
added
by striking “The Representatives may” and inserting “A Representative may”;
added
by striking “described in subsection (b)(1) or (2)” and inserting “described in paragraph (1) or (2) of subsection (b)”; and
added
by striking “the Representatives have” and inserting “the Representative has”;
added
by striking “VII(1)” each place it appears and inserting “VII(10)(b)”; and
added
in subsection (b)(2), by striking “VIII(2)” and inserting “VII(11)”.
Sec. 504 Authorities of Secretary of State with respect to convention
addedadded 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
addedadded Section 205(a) (16 U.S.C. 5604(a)) is amended to read as follows:
added “(a) Authorities of the secretary—In carrying out the provisions of the Convention and this title, the Secretary may arrange for cooperation with—
added “(1) any department, agency, or instrumentality of the United States;
added “(2) a State;
added “(3) a Council; or
added “(4) a private institution or an organization.”
Sec. 506 Prohibited acts and penalties
addedadded Section 207(a)(5) (16 U.S.C. 5606(a)(5)) is amended by striking “fish” and inserting “fishery resources”.
Sec. 507 Consultative committee
addedadded Section 208 (16 U.S.C. 5607) is amended—
added
in subsection (b)(2), by striking “two” and inserting “2”; and
added
in subsection (c), by striking “General Council or the Fisheries” each place it appears.
Sec. 508 Definitions
addedadded Section 210 (16 U.S.C. 5609) is amended to read as follows:
added “210. Definitions
added “In this title:
added “(1) 1982 Convention—The term “1982 Convention” means the United Nations Convention on the Law of the Sea of 10 December 1982.
added “(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.
added “(3) Commission—The term “Commission” means the body provided for by Articles V, VI, XIII, XIV, and XV of the Convention.
added “(4) Commissioner—The term “Commissioner” means a United States Commissioner to the Northwest Atlantic Fisheries Organization appointed under section 202.
added “(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.
added “(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.
added “(7) Council—The term “Council” means the New England Fishery Management Council or the Mid-Atlantic Fishery Management Council.
added “(8) Fishery resources
added “(A) In general—The term “fishery resources” means all fish, mollusks, and crustaceans, including any products thereof, within the Convention Area.
added “(B) Exclusions—The term “fishery resources” does not include—
added “(i) sedentary species over which coastal States may exercise sovereign rights consistent with Article 77 of the 1982 Convention; or
added “(ii) in so far as they are managed under other international treaties, anadromous and catadromous stocks and highly migratory species listed in Annex I of the 1982 Convention.
added “(9) Fishing activities
added “(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.
added “(B) Inclusions—The term “fishing activities” includes—
added “(i) the actual or attempted searching for or catching or taking of fishery resources;
added “(ii) any activity that can reasonably be expected to result in locating, catching, taking, or harvesting of fishery resources for any purpose; and
added “(iii) any operation at sea in support of, or in preparation for, any activity described in this paragraph.
added “(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.
added “(10) Fishing vessel
added “(A) In general—The term “fishing vessel” means a vessel that is or has been engaged in fishing activities.
added “(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.
added “(11) Organization—The term “Organization” means the Northwest Atlantic Fisheries Organization provided for by Article V of the Convention.
added “(12) Person—The term “person” means any individual (whether or not a citizen or national of the United States), and any corporation, partnership, association, or other entity (whether or not organized or existing under the laws of any State).
added “(13) Representative—The term “Representative” means a United States Representative to the Northwest Atlantic Fisheries Scientific Council appointed under section 202.
added “(14) Scientific Council—The term “Scientific Council” means the Scientific Council provided for by Articles V, VI, and VII of the Convention.
added “(15) Secretary—The term “Secretary” means the Secretary of Commerce.
added “(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.
added “(17) Transshipment—The term “transshipment” means the unloading of all or any of the fishery resources on board a fishing vessel to another fishing vessel either at sea or in port.”
Sec. 509 Quota allocation practice
addedadded Section 213 (16 U.S.C. 5612) is repealed.