SEC. 201. Short Title.
This title may be cited as the “Antigua Convention Implementing Act of 2015”.
Title II — Implementation of the Antigua Convention
TITLE II Implementation of the Antigua Convention
SEC. 202. Amendment of the Tuna Conventions Act of 1950.
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 Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.).
SEC. 203. Definitions.
Section 2 (16 U.S.C. 951) is amended to read as follows:
“SEC. 2. DEFINITIONS.
“In this Act:
“(1) Antigua convention.—The term ‘Antigua Convention’ means the Convention for the Strengthening of the Inter-American Tropical Tuna Commission Established by the 1949 Convention Between the United States of America and the Republic of Costa Rica, signed at Washington, November 14, 2003.
“(2) Commission.—The term ‘Commission’ means the Inter-American Tropical Tuna Commission provided for by the Convention.
“(3) Convention.—The term ‘Convention’ means—
“(A) the Convention for the Establishment of an Inter-American Tropical Tuna Commission, signed at Washington, May 31, 1949, by the United States of America and the Republic of Costa Rica;
“(B) the Antigua Convention, upon its entry into force for the United States, and any amendments thereto that are in force for the United States; or
“(C) both such Conventions, as the context requires.
“(4) Person.—The term ‘person’ means an individual, partnership, corporation, or association subject to the jurisdiction of the United States.
“(5) United states.—The term ‘United States’ includes all areas under the sovereignty of the United States.
“(6) United states commissioners.—The term ‘United States commissioners’ means the individuals appointed in accordance with section 3(a).”
SEC. 204. Commissioners; Number, Appointment, and Qualifications.
Section 3 (16 U.S.C. 952) is amended to read as follows:
“SEC. 3. COMMISSIONERS.
“(a) Commissioners.—The United States shall be represented on the Commission by four United States Commissioners. The President shall appoint individuals to serve on the Commission. The United States Commissioners shall be subject to supervision and removal by the Secretary of State, in consultation with the Secretary. In making the appointments, the President shall select United States Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern tropical Pacific Ocean, one of whom shall be an officer or employee of the Department of Commerce. Not more than two United States Commissioners may be appointed who reside in a State other than a State whose vessels maintain a substantial fishery in the area of the Convention.
“(b) Alternate Commissioners.—The Secretary of State, in consultation with the Secretary, may designate from time to time and for periods of time deemed appropriate Alternate United States Commissioners to the Commission. Any Alternate United States Commissioner may exercise, at any meeting of the Commission or of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers and duties of a United States Commissioner in the absence of any United States Commissioner appointed pursuant to subsection (a) of this section for whatever reason. The number of such Alternate United States Commissioners that may be designated for any such meeting shall be limited to the number of United States Commissioners appointed pursuant to subsection (a) of this section who will not be present at such meeting.
“(c) Administrative Matters.—
“(1) Employment status.—Individuals serving as United States Commissioners, other than officers or employees of the United States Government, shall not be considered Federal employees 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.—The United States Commissioners or Alternate Commissioners, although officers of the United States while so serving, shall receive no compensation for their services as United States Commissioners or Alternate Commissioners.
“(3) Travel expenses.—
“(A) The Secretary of State shall pay the necessary travel expenses of United States Commissioners and Alternate United States Commissioners to meetings of the Inter-American Tropical Tuna Commission and other meetings the Secretary of State deems necessary to fulfill their duties, in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of title 5, United States Code.
“(B) The Secretary may reimburse the Secretary of State for amounts expended by the Secretary of State under this subsection.”
SEC. 205. General Advisory Committee and Scientific Advisory Subcommittee.
Section 4 (16 U.S.C. 953) is amended—
by striking subsection (a) and inserting the following:
“(a) General Advisory Committee.—
“(1) Appointments; public participation; compensation.—
“(A) The Secretary, in consultation with the Secretary of State, shall appoint a General Advisory Committee which shall consist of not more than 25 individuals who shall be representative of the various groups concerned with the fisheries covered by the Convention, including nongovernmental conservation organizations, providing to the maximum extent practicable an equitable balance among such groups. Members of the General Advisory Committee will be eligible to participate as members of the United States delegation to the Commission and its working groups to the extent the Commission rules and space for delegations allow.
“(B) The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be ex-officio members of the General Advisory Committee by virtue of their positions in those Councils.
“(C) Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 3 years and is eligible for reappointment.
“(D) The General Advisory Committee shall be invited to attend all non-executive meetings of the United States delegation and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of investigation, reports, recommendations, and regulations of the Commission.
“(E) The General Advisory Committee shall determine its organization, and prescribe its practices and procedures for carrying out its functions under this title, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the public a statement of its organization, practices, and procedures. Meetings of the General Advisory Committee, except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in timely fashion. The General Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.).
“(2) Information sharing.—The Secretary and the Secretary of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery agreements.
“(3) Administrative matters.—
“(A) The Secretary shall provide to the General Advisory Committee in a timely manner such administrative and technical support services as are necessary for its effective functioning.
“(B) Individuals appointed to serve as a member of the General Advisory Committee—
“(i) shall serve without pay, but while away from their homes or regular places of business to attend meetings of the General Advisory Committee shall be allowed travel expenses, including per diem in lieu of subsistence, in the same manner as persons employed intermittently in the Government service are allowed expenses under section 5703 of title 5, United States Code; and
“(ii) shall not be considered Federal employees 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.”
by striking so much of subsection (b) as precedes paragraph (2) and inserting the following:
“(b) Scientific Advisory Subcommittee.—
(1) The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations.”
; and
in subsection (b)(3), by striking “ General Advisory Subcommittee” and inserting “ General Advisory Committee”.
SEC. 206. Rulemaking.
Section 6 (16 U.S.C. 955) is amended to read as follows:
“SEC. 6. RULEMAKING.
“(a) Regulations.—The Secretary, in consultation with the Secretary of State and, with respect to enforcement measures, the Secretary of the Department in which the Coast Guard is operating, may promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, including recommendations and decisions adopted by the Commission. In cases where the Secretary has discretion in the implementation of one or more measures adopted by the Commission that would govern fisheries under the authority of a Regional Fishery Management Council, the Secretary may, to the extent practicable within the implementation schedule of the Convention and any recommendations and decisions adopted by the Commission, promulgate such regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, in accordance with the procedures established by the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.).
“(b) Jurisdiction.—The Secretary may promulgate regulations as may be necessary to carry out the United States international obligations under the Convention and this Act, applicable to all vessels and persons subject to the jurisdiction of the United States, including vessels documented under chapter 121 of title 46, United States Code, wherever they may be operating, on such date as the Secretary shall prescribe.”
SEC. 207. Prohibited Acts.
Section 8 (16 U.S.C. 957) is amended—
by striking “ section 6(c) of this Act” each place it appears and inserting “ section 6”; and
by adding at the end the following:
“(i) Additional Prohibitions and Enforcement.—For prohibitions relating to this Act and enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).”
SEC. 208. Enforcement.
Section 10 (16 U.S.C. 959) is amended to read as follows:
“SEC. 10. ENFORCEMENT.
“For enforcement of this Act, see section 606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).”
SEC. 209. Reduction of Bycatch.
Section 15 (16 U.S.C. 962) is amended by striking “ vessel” and inserting “ vessels”.
SEC. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et seq.) is repealed.