[Pages H5280-H5286]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

ENSURING ACCESS TO PACIFIC FISHERIES ACT

Mrs. RADEWAGEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 4576) 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, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:

H.R. 4576

Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Ensuring Access to Pacific
Fisheries Act''.

TITLE I--NORTH PACIFIC FISHERIES CONVENTION IMPLEMENTATION

SEC. 101. DEFINITIONS.

In this title:
(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.--
(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;
(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. 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 5 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

[[Page H5281]]

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. 103. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF
STATE.

The Secretary of State may--
(1) receive and transmit, on behalf of the United States,
reports, requests, recommendations, proposals, decisions, and
other communications of and to the Commission;
(2) in consultation with the Secretary, 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 title.

SEC. 104. AUTHORITY OF THE SECRETARY OF COMMERCE.

(a) Promulgation of Regulations.--
(1) 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.
(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) 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.
(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
title;
(2) fishing operations and biological experiments for
purposes of scientific investigation or other purposes
necessary to implement the North Pacific Fisheries
Convention;
(3) the collection, utilization, and disclosure of such
information as may be necessary to implement the North
Pacific Fisheries Convention, subject to sections 552 and
552a of title 5, United States Code, and section 402(b) of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1881a(b));
(4) 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
title.
(d) 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).
(e) 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.
(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. ENFORCEMENT.

(a) In General.--The Secretary and the Secretary of the
department in which the Coast Guard is operating--
(1) shall administer and enforce this title and any
regulations issued under this title; 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 title.
(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 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.
(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 title, 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 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--
(A) to a Federal employee who is responsible for
administering, implementing, or enforcing this title;
(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 title.
(2) Use of information.--
(A) 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.
(B) Exception.--The Secretary may release or make public
information submitted under this title if the information is
in any aggregate or

[[Page H5282]]

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 title.

SEC. 106. PROHIBITED ACTS.

It is unlawful for any person--
(1) to violate this title or any regulation or permit
issued under this title;
(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 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 search,
investigation, or inspection in connection with the
enforcement of this title 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 title or any regulation, permit, or
the North Pacific Fisheries Convention;
(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 fisheries 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
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 title;
(9) 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;
(10) to engage in fishing activities in violation of any
regulation adopted pursuant to this title;
(11) 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;
(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 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;
(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. 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
title.
(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.
(c) Sanctioned Fishing Operations and Biological
Experiments.--Nothing in this title, 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 title
shall be construed to diminish or to increase the
jurisdiction of any State in the territorial sea of the
United States.

SEC. 108. 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. 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.

TITLE II--IMPLEMENTATION OF THE CONVENTION ON THE CONSERVATION AND
MANAGEMENT OF HIGH SEAS FISHERY RESOURCES IN THE SOUTH PACIFIC OCEAN

SEC. 201. 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.
(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 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. 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. 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

[[Page H5283]]

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. 203. AUTHORITY AND RESPONSIBILITY OF THE SECRETARY OF
STATE.

SEC. 204. 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) 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.
(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) 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. 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 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 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.--The district courts of
the United States shall have jurisdiction over any actions
arising under this section. 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 in the case of Guam and Wake Island, the
appropriate court is the United States District Court for the
District of Guam, and except that 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. 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. 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;
(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. 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.

[[Page H5284]]

(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. TERRITORIAL PARTICIPATION.

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
extent allowed under United States law.

SEC. 209. 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.

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) 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 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. UNITED STATES CONSERVATION, MANAGEMENT, AND
ENFORCEMENT OBJECTIVES.

``The Secretary, in consultation with the Secretary of
State, in the course of negotiations, shall seek to--
``(1) minimize any disadvantage to United States fishermen
in relation to other members of the Commission;
``(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 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) 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) 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 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:
``(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''.

TITLE V--NORTHWEST ATLANTIC FISHERIES CONVENTION AMENDMENTS ACT

SEC. 501. 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
(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.
``(6) Convention area.--The term `Convention Area' means
the waters of the Northwest Atlantic Ocean north of 3500' N
and west of a line extending due north from 3500' N and
4200' W to 5900' N, thence due west to 4400' 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
7810' N.
``(7) Council.--The term `Council' means the New England
Fishery Management Council or the Mid-Atlantic Fishery
Management Council.

[[Page H5285]]

``(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) 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.
``(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 (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. QUOTA ALLOCATION PRACTICE.

Section 213 (16 U.S.C. 5612) is repealed.

The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
American Samoa (Mrs. Radewagen) and the gentleman from the Northern
Mariana Islands (Mr. Sablan) each will control 20 minutes.
The Chair recognizes the gentlewoman from American Samoa.

General Leave

Mrs. RADEWAGEN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from American Samoa?
There was no objection.
Mrs. RADEWAGEN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, in American Samoa, there are no issues that carry more
weight to the people who I represent than those of our fisheries, which
comprise over 80 percent of the island's revenue generation. It is for
that reason I introduced the Ensuring Access to Pacific Fisheries Act
with my colleague from Alaska, Congressman Don Young.
Our bill ensures that our fishermen can operate on a level playing
field with foreign nation vessels. Specifically, the bill implements
U.S. participation in two new international fishery management
agreements to which the United States helped negotiate: the Convention
on the Conservation and Management of High Seas Fisheries Resources in
the North Pacific Ocean and the Convention on the Conservation and
Management of High Seas Fishery Resources in the South Pacific Ocean.
The bill also includes the Northwest Atlantic Fisheries Convention Act
which was adopted from the Senate bill, among other provisions.
I am proud to say that this bill does exactly what the title
suggests. It ensures our fishermen's access to fisheries in
international waters where we set the example for the rest of the world
on how to best manage and conserve the ocean's resources.
Based on the administration's proposal, this bill makes necessary
additions to ensure that our fishermen are properly represented in
these international forums. Specifically, the first two titles of this
bill ensure participation of the relevant regional fishery management
councils and territories in the international negotiations of the North
and South Pacific Commissions.
However, it is the third title of this bill that matters most to the
people of American Samoa and our other fishing communities. Title III
makes critical amendments to the Western and Central Pacific Fisheries
Convention Implementation Act to minimize the disadvantage and maximize
opportunities for our fishing fleets, especially those targeting
migratory tuna stocks in the Pacific, which are essential to the
stability of the American Samoa economy.
Our committee heard firsthand during the hearing on this bill last
March that science has taken a back seat to geopolitics in these
negotiations, and our fishermen are bearing the burden, especially
those in the area of fishing for bigeye tuna.
In an effort to remain fair and true to the fishermen in American
Samoa, title III also ensures access to traditional fishing grounds,
which our people have utilized for centuries and long before any
relationship with the United States, by requiring such grounds to be
considered in any formal stance taken by United States commissioners at
the WCPFC.
These are necessary measures due to the pressures facing the industry
from all sides, from the closing off of large swaths of the ocean,
which the American Samoan people have utilized for centuries, to
irresponsible federally mandated wage hikes which aim to put our remote
and economically isolated islands on the same level as the States.

{time} 1630

It is clear that we must ensure that those who are negotiating on
behalf of our interests are doing just that, if we are to have any sort
of viable fishing industry at all.
I want to thank the minority side for working with us in a bipartisan
fashion on this bill. Their input and suggestions were very helpful in
crafting this bill and allowing it to pass by unanimous consent. I
would also like to thank the executive directors of the North Pacific
and Western Pacific Councils for working with us as well. It is always
helpful when drafting a bill to make sure that those affected by it
have some input in the process.
Mr. Speaker, I thank Chairman Kevin Brady of the Ways and Means
Committee for agreeing to help expedite consideration of this bill
today. This bill, particularly title III, is of the utmost importance
to the people of American Samoa.
I respectfully urge my colleagues to support this important
legislation.
Mr. Speaker, I reserve the balance of my time.

House of Representatives,

Committee on Natural Resources,

Washington, DC, August 3, 2016.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
Washington, DC.
Dear Mr. Chairman: On July 13, 2016, the Committee on
Natural Resources favorably reported as amended H.R. 4576,
the Ensuring Access to Pacific Fisheries Act, by unanimous
consent. My staff has shared the reported text of the bill
with your staff.
The reported bill contains provisions regarding fishery
exports and imports, a matter within the jurisdiction of the
Committee on Ways and Means. I ask that the Committee on Ways
and Means not seek a sequential referral of the bill so that
it may be scheduled by the Majority Leader when the House
returns from the August District Work Period. This concession
in no way affects your jurisdiction over the subject matter
of the bill, and it will not serve as precedent for future
referrals. In addition, should a conference on the bill be
necessary, I would support your request to have the Committee
on Ways and Means represented on the conference committee.
Finally, I would be pleased to include this letter and any
response in the Congressional Record to document this
agreement.
Thank you for your consideration of my request, and I look
forward to further opportunities to work with you this
Congress.
Sincerely,
Rob Bishop,
Chairman.

[[Page H5286]]

____
House of Representatives,

Committee on Ways and Means,

Washington, DC, August 3, 2016.
Hon. Rob Bishop,
Chairman, Committee on Natural Resources,
Washington, DC.
Dear Chairman Bishop: Thank you for your letter concerning
H.R. 4576, the ``Ensuring Access to Pacific Fisheries Act.''
As you note, the bill contains provisions within the Rule X
jurisdiction of the Committee on Ways and Means.
I appreciate your willingness to work with my Committee on
this legislation. In order to allow H.R. 4576 to move
expeditiously to the House floor, I will not seek a
sequential referral on this bill. The Committee on Ways and
Means takes this action with our mutual understanding that by
foregoing formal consideration of H.R. 4576, we do not waive
any jurisdiction over subject matter contained in this or
similar legislation, and that our Committee will be
appropriately consulted and involved as this bill or similar
legislation moves forward. Our Committee also reserves the
right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving this or
similar legislation, and asks that you support any such
request.
I would appreciate your response to this letter confirming
this understanding, and would request that you include a copy
of this letter and your response in the Congressional Record
during the floor consideration of this bill. Thank you in
advance for your cooperation.
Sincerely,
Kevin Brady,
Chairman.

Mr. SABLAN. Mr. Chairman, I yield myself such time as I may consume.
This bill implements two important fisheries treaties: the Convention
on the Conservation and Management of High Seas Fisheries Resources in
the North Pacific Ocean and the Convention on the Conservation and
Management of High Seas Fisheries Resources in the South Pacific Ocean.
These treaties cover bottom- and mid-water fisheries in the Pacific
Ocean's international waters, and implementing them will give the
United States a seat at the table to ensure access for our fishermen
and sound management of the resource.
H.R. 4576 also updates the Northwest Atlantic Fisheries Convention
Act and amends the Western and Central Pacific Fisheries Convention
Act, and makes important changes to the High Seas Driftnet Fishing
Moratorium Protection Act. This set of changes will enhance our ability
to combat illegal, unreported, and unregulated fishing and give greater
protection to sharks.
I applaud the efforts of the gentlewoman from American Samoa (Mrs.
Radewagen) to bring this bill to the floor in its current form.
I urge my colleagues to join me in supporting it.
Mr. Speaker, I have no further speakers, and I yield back the balance
of my time.
Mrs. RADEWAGEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from American Samoa (Mrs. Radewagen) that the House suspend
the rules and pass the bill, H.R. 4576, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.

____________________