,,ii ,calendar ,no4 #fbb #aacth ,,congress #b;d ,session ,s4 #bdhd ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,june #ag1 #bjad,mr4 ,schatz introduced the following bill2 which was read twice and referred to the ,committee on ,commerce1 ,science1 and ,transportation ,december #h1 #bjad,reported by ,mr4 ,rockefeller1 with an amendment,strike out all after the enacting clause and insert the part printed in italic ,a ,,bill ,to implement the ,convention on the ,conservation and ,management of the ,high ,seas ,fishery ,resources in the ,south ,pacific ,ocean1 as adopted at ,auckland on ,november #ad1 #bjji1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,south ,pacific ,fisheries ,convention ,implementation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means the advisory committee established under section #c4 7#b7 ,commission ,the term ,commission means the ,south ,pacific ,fisheries ,commission established pursuant to the ,south ,pacific ,fisheries ,convention4 7#c7 ,commissioner ,the term ,commissioner means a ,u4,s4 ,commissioner appointed under section #c4 7#d7 ,convention ,area ,the term ,convention ,area means-- 7,a7 the waters of the ,pacific ,ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction1 bounded by the #aj parallel of north latitude and the #bj parallel of south latitude and by the #ace meridian of east longitude and the #aej meridian of west longitude2 and 7,b7 the waters of the ,pacific ,ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction-- 7i7 east of a line extending south along the #abj meridian of east longitude from the outer limit of the national jurisdiction of ,australia off the south coast of ,western ,australia to the intersection with the #ee parallel of south latitude2 then due east along the #ee parallel of south latitude to the intersection with the #aej meridian of east longitude2 then due south along the #aej meridian of east longitude to the intersection with the #fj parallel of south latitude2 7ii7 north of a line extending east along the #fj parallel of south latitude from the #aej meridian of east longitude to the intersection with the #fg #af' meridian of west longitude2 7iii7 west of a line extending north along the #fg #af' meridian of west longitude from the #fj parallel of south latitude to its intersection with the outer limit of the national jurisdiction of ,chile2 then along the outer limits of the national jurisdictions of ,chile1 ,peru1 ,ecuador and ,colombia to the intersection with the #b parallel of north latitude2 and 7iv7 south of a line extending west along the #b parallel of north latitude 7but not including the national jurisdiction of ,ecuador 7,galapagos ,islands77 to the intersection with the #aej meridian of west longitude2 then due north along the #aej meridian of west longitude to its intersection with #aj parallel of north latitude2 then west along the #aj parallel of north latitude to its intersection with the outer limits of the national jurisdiction of the ,marshall ,islands2 and then generally south and around the outer limits of the national jurisdictions of ,pacific ,states and territories1 ,new ,zealand and ,australia until it connects to the commencement of the line described in clause 7i74 7#e7 ,council ,the term ,council means the ,western ,pacific ,regional ,fishery ,management ,council4 7#f7 ,exclusive economic zone ,the term exclusive economic zone means the zone established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc4 7#g7 ,fishery resources 7,a7 ,in general ,the term fishery resources means all fish within the ,convention ,area4 7,b7 ,inclusions ,the term fishery resources includes mollusks1 crustaceans1 and other living marine resources as may be decided by the ,commission4 7,c7 ,exclusions ,the term fishery resources does not include-- 7i7 sedentary species in so far as they are subject to the national jurisdiction of coastal ,states pursuant to ,article #gg paragraph #d of the #aihb ,convention2 7ii7 highly migratory species listed in ,annex ,i of the #aihb ,convention2 7iii7 anadromous species2 7iv7 catadromous species2 7v7 marine mammals2 7vi7 marine reptiles2 or 7vii7 sea birds4 7#h7 ,fishing 7,a7 ,in general ,the term fishing means-- 7i7 the actual or attempted searching for1 catching1 taking1 or harvesting of fishery resources2 7ii7 engaging in any activity that can reasonably be expected to result in the locating1 catching1 taking1 or harvesting of fishery resources for any purpose2 7iii7 transshipment and any operation at sea in direct support of1 or in preparation for1 any activity described in this subparagraph2 and 7iv7 the use of any vessel1 vehicle1 aircraft1 or hovercraft1 in relation to any activity described in clauses 7i7 through 7iii74 7,b7 ,exclusions ,the term fishing does not include any operation related to an emergency involving the health or safety of a crew member or the safety of a fishing vessel4 7#i7 ,fishing vessel ,the term fishing vessel means any vessel used or intended for use for the purpose of fishing1 including a support ship1 a carrier vessel1 or any other vessel directly involved in such fishing operations4 7#aj7 ,panel ,the term ,panel means the ,western ,pacific ,regional ,fishery ,management ,council's ,advisory ,panel4 7#aa7 ,person ,the term person means-- 7,a7 any individual1 whether or not a citizen or national of the ,united ,states2 7,b7 any corporation1 partnership1 association1 or other entity1 whether or not organized or existing under the laws of any ,state2 and 7,c7 any ,federal1 ,state1 local1 tribal1 or foreign government or any entity of such government4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ac7 ,south ,pacific ,fisheries ,convention ,the term ,south ,pacific ,fisheries ,convention means the ,convention on the ,conservation and ,management of the ,high ,seas ,fishery ,resources in the ,south ,pacific ,ocean 7including any annexes1 amendments1 or protocols that are in force1 or have come into force1 for the ,united ,states71 which was adopted at ,auckland on ,november #ad1 #bjji4 7#ad7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 ,american ,samoa1 ,guam1 and any other commonwealth1 territory1 or possession of the ,united ,states4 7#ae7 ,transshipment ,the term transshipment means the unloading of all or any of the fishery resources or fishery resource products derived from fishing in the ,convention ,area on board a fishing vessel to another fishing vessel either at sea or in port4 7#af7 #aihb ,convention ,the term #aihb ,convention means the ,united ,nations ,convention on the ,law of the ,sea of #aj ,december #aihb4 #c4 ,appointment of ,united ,states ,commissioner 7a7 ,appointment ,the ,united ,states shall be represented on the ,commission by #a ,u4,s4 ,commissioner4 ,the ,president shall appoint an individual to serve on the ,commission at the pleasure of the ,president4 ,in making an appointment1 the ,president shall select an individual who is knowledgeable or experienced concerning fishery resources in the ,south ,pacific ,ocean4 7b7 ,alternate ,commissioners ,the ,secretary of ,state1 in consultation with the ,secretary1 may designate from time to time and for periods of time considered appropriate an alternate ,commissioner to the ,commission4 ,an alternate ,commissioner may exercise all powers and duties of a ,commissioner in the absence1 for whatever reason1 of a ,commissioner appointed under subsection 7a74 7c7 ,administrative matters 7#a7 ,employment status ,an individual serving as a ,commissioner1 or as an alternate ,commissioner1 other than an officer or employee of the ,u4,s4 ,government1 shall not be considered a ,federal employee1 except for the purposes of injury compensation or tort claims liability as provided in chapter #ha of title #e1 ,united ,states ,code and chapter #aga of title #bh1 ,united ,states ,code4 7#b7 ,compensation ,an individual serving as a ,commissioner or an alternate ,commissioner1 although an officer of the ,united ,states while so serving1 shall receive no compensation for the individual's services as such ,commissioner or alternate ,commissioner4 7#c7 ,travel expenses 7,a7 ,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 #egja1 #egjb1 #egjd through #egjh1 and #egca of title #e1 ,united ,states ,code4 7,b7 ,reimbursement ,the ,secretary may reimburse the ,secretary of ,state for amounts expended by the ,secretary of ,state under this paragraph4 7d7 ,advisory committee 7#a7 ,establishment of permanent advisory committee 7,a7 ,membership ,there is established an advisory committee which shall be composed of-- 7i7 not less than #ae nor more than #bj individuals appointed by the ,secretary in consultation with the ,commissioner1 who shall select such individuals from the various groups concerned with the fishery resources covered by the ,south ,pacific ,fisheries ,convention1 providing1 to the maximum extent practicable1 an equitable balance among such groups2 and 7ii7 the chairperson of the ,panel or the chairperson's designee4 7,b7 ,terms and privileges ,each member of the ,advisory ,committee shall serve for a term of #b years and shall be eligible for reappointment4 ,the ,commissioner shall notify in advance the ,advisory ,committee of each meeting of the ,commission4 ,the ,advisory ,committee may attend each meeting and may examine and be heard on all proposed programs of investigation1 reports1 recommendations1 and regulations of the ,commission4 7,c7 ,procedures ,the ,advisory ,committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this ,act1 the ,south ,pacific ,fisheries ,convention1 and the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 ,the ,advisory ,committee shall publish and make available to the public a statement of its organization1 practices1 and procedures4 ,a majority of the members of the ,advisory ,committee shall constitute a quorum to conduct business4 ,meetings of the ,advisory ,committee1 except when in executive session1 shall be open to the public4 ,prior notice of each non-executive meeting shall be made public in a timely fashion4 ,the ,advisory ,committee shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7,d7 ,provision of information ,the ,secretary and the ,secretary of ,state shall furnish the ,advisory ,committee with relevant information concerning fishery resources and international fishery agreements4 7#b7 ,administrative matters 7,a7 ,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 effectively4 7,b7 ,compensation2 status2 expenses ,an individual appointed to serve as a member of the ,advisory ,committee-- 7i7 shall serve without pay1 but while away from the individual's home or regular place of business in the performance of services for the ,advisory ,committee shall be allowed travel expenses1 including per diem in lieu of subsistence1 in the same manner as a person employed intermittently in the ,government service is allowed expenses under section #egjc of title #e1 ,united ,states ,code2 and 7ii7 shall not be considered a ,federal employee1 except for the purposes of injury compensation or tort claims liability as provided in chapter #ha of title #e1 ,united ,states ,code and chapter #aga of title #bh1 ,united ,states ,code4 7e7 ,memorandum of understanding ,for fishery resources in the ,convention ,area1 the ,secretary1 in coordination with the ,secretary of ,state1 shall develop a memorandum of understanding with the ,council1 that clarifies the role of the ,council with respect to-- 7#a7 participation in ,u4,s4 delegations to international fishery organizations in the ,pacific ,ocean1 including government-to-government consultations2 7#b7 providing formal recommendations to the ,secretary and the ,secretary of ,state regarding necessary measures for both domestic and foreign vessels fishing for fishery resources2 7#c7 coordinating positions with the ,u4,s4 delegation for presentation to the appropriate international fishery organization2 and 7#d7 recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization1 for approval and implementation under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #d4 ,authority and responsibility of the ,secretary of ,state ,the ,secretary of ,state may-- 7#a7 receive and transmit1 on behalf of the ,united ,states1 reports1 requests1 recommendations1 proposals1 decisions1 and other communications of and to the ,commission2 7#b7 in consultation with the ,secretary1 approve1 disapprove1 object to1 or withdraw objections to bylaws and rules1 or amendments thereof1 adopted by the ,commission2 7#c7 with the concurrence of the ,secretary1 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 ,south ,pacific ,fisheries ,convention2 and 7#d7 act upon1 or refer to other appropriate authority1 any communication under paragraph 7#a74 #e4 ,rulemaking authority of the ,secretary of ,commerce 7a7 ,promulgation of regulations ,the ,secretary1 in consultation with the ,secretary of ,state and1 with respect to enforcement measures1 the ,secretary of the department in which the ,coast ,guard is operating1 is authorized to promulgate such regulations as may be necessary to carry out ,u4,s4 international obligations under the ,south ,pacific ,fisheries ,convention and this ,act1 including recommendations and decisions adopted by the ,commission4 ,if the ,secretary has discretion in the implementation of #a or more measures adopted by the ,commission that would govern fishery resources under the authority of the ,council1 the ,secretary may promulgate1 to the extent practicable within the implementation schedule of the ,south ,pacific ,fisheries ,convention and any recommendations and decisions adopted by the ,commission1 such regulations in accordance with the procedures established by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7b7 ,judicial review of regulations 7#a7 ,in general ,regulations promulgated by the ,secretary under this ,act shall be subject to judicial review to the extent authorized by1 and in accordance with1 chapter #g of title #e1 ,united ,states ,code1 if a petition for such review is filed not later than #cj days after the date on which the regulations are promulgated or the action is published in the ,federal ,register1 as applicable4 7#b7 ,responses ,notwithstanding any other provision of law1 the ,secretary shall file a response to any petition filed in accordance with paragraph 7#a71 not later than #cj days after the date the ,secretary is served with that petition1 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 extension4 7#c7 ,copies of administrative record ,a response of the ,secretary under paragraph 7#b7 shall include a copy of the administrative record for the regulations that are the subject of the petition4 7#d7 ,expedited hearings ,upon a motion by the person who files a petition under this subsection1 the appropriate court shall assign the matter for hearing at the earliest possible date4 #f4 ,enforcement 7a7 ,in general ,the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating-- 7#a7 shall administer and enforce this ,act and any regulations issued under this ,act1 except to the extent otherwise provided for in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq472 and 7#b7 may request and utilize on a reimbursed or non-reimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies in the administration and enforcement of this ,act4 7b7 ,additional authority ,the ,secretary may conduct1 and may request and utilize on a reimbursed or non-reimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies in-- 7#a7 scientific1 research1 and other programs under this ,act2 7#b7 fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the ,south ,pacific ,fisheries ,convention2 7#c7 the collection1 utilization1 and disclosure of such information as may be necessary to implement the ,south ,pacific ,fisheries ,convention1 subject to sections #eeb and #eeb;a of title #e1 ,united ,states ,code1 and section #djb7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a7b772 7#d7 if recommended by the ,commissioner or proposed by the ,council1 the assessment and collection of fees1 not to exceed #c percent of the ex-vessel value of fish harvested by vessels of the ,united ,states from fishery resources managed under this ,act1 to recover the actual costs to the ,united ,states of management and enforcement under this ,act1 which shall be deposited as an offsetting collection in1 and credited to1 the account providing appropriations to carry out the functions of the ,secretary under this ,act2 and 7#e7 the issuance of permits to owners and operators of ,u4,s4 vessels to fish in the ,convention ,area seaward of the ,u4,s4 exclusive economic zone1 under such terms and conditions as the ,secretary may prescribe1 including the period of time that a permit is valid4 7c7 ,consistency with other laws ,the ,secretary shall ensure the consistency1 to the extent practicable1 of fishery management programs administered under this ,act1 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 the ,tuna ,conventions ,act of #aiej 7#af ,u4,s4,c4 #iea et seq471 the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc et seq471 section #dja of ,public ,law #ajh-bai 7#af ,u4,s4,c4 #ahba note7 7relating to ,pacific albacore tuna71 the ,atlantic ,tunas ,convention ,act 7#af ,u4,s4,c4 #iga et seq471 and the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq474 7d7 ,secretarial actions ,except as provided under subsection 7e71 the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating shall prevent any person from violating this ,act in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though sections #cjh through #caa of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheh1 #ahei1 #ahfj1 #ahfa7 were incorporated into and made a part of this ,act4 ,any person that violates any provision of this ,act is subject to the penalties and entitled to the privileges and immunities provided in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 in the same manner1 by the same means1 and with the same jurisdiction1 power1 and duties as though sections #cjh through #caa of that ,act 7#af ,u4,s4,c4 #aheh1 #ahei1 #ahfj1 #ahfa7 were incorporated into and made a part of this ,act4 7e7 ,jurisdiction of the courts 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the district courts of the ,united ,states shall have exclusive jurisdiction over any case or controversy arising under the provisions of this ,act1 and any such court may at any time-- 7,a7 enter restraining orders or prohibitions2 7,b7 issue warrants1 process in rem1 or other process2 7,c7 prescribe and accept satisfactory bonds or other security2 and 7,d7 take such other actions as are in the interest of justice4 7#b7 ,hawaii and ,pacific insular areas ,in the case of ,hawaii or any possession of the ,united ,states in the ,pacific ,ocean1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,hawaii1 except that-- 7,a7 in the case of ,guam and ,wake ,island1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,guam2 and 7,b7 in the case of the ,northern ,mariana ,islands1 the appropriate court is the ,united ,states ,district ,court for the ,district of the ,northern ,mariana ,islands4 7#c7 ,construction ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any other district authorized by law4 ,any offense not committed in any district is subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 7f7 ,confidentiality 7#a7 ,in general ,any information submitted to the ,secretary in compliance with any requirement under this ,act shall be confidential and may not be disclosed1 except-- 7,a7 to a ,federal employee who is responsible for administering1 implementing1 and enforcing this ,act2 7,b7 to the ,commission1 in accordance with requirements in the ,south ,pacific ,fisheries ,convention and decisions of the ,commission1 and1 insofar as possible1 in accordance with an agreement with the ,commission that prevents public disclosure of the identity or business of any person2 7,c7 to a ,state or ,marine ,fisheries ,commission employee pursuant to an agreement with the ,secretary that prevents public disclosure of the identity of any business or individual2 7,d7 when required by court order2 or 7,e7 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 paragraph1 and such release does not violate other requirements of this ,act4 7#b7 ,use of information 7,a7 ,in general ,except as provided under subparagraph 7,b71 the ,secretary shall promulgate regulations regarding the procedures the ,secretary considers necessary to preserve the confidentiality of information under this ,act4 7,b7 ,exception ,the ,secretary may release or make public information submitted under this ,act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person4 7#c7 ,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 ,act4 #g4 ,prohibited acts 7a7 ,in general ,it is unlawful for any person-- 7#a7 to violate any provision of this ,act or any regulation or permit issued pursuant to this ,act2 7#b7 to use any fishing vessel to engage in fishing after the revocation1 or during the period of suspension1 on an applicable permit issued under this ,act2 7#c7 to refuse to permit any officer authorized to enforce the provisions of this ,act to board a fishing vessel subject to such person's control for the purposes of conducting any search1 investigation1 or inspection in connection with the enforcement of this ,act or the ,south ,pacific ,fisheries ,convention2 7#d7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 or interfere with any such authorized officer in the conduct of any search1 investigation1 or inspection in connection with the enforcement of this ,act or the ,south ,pacific ,fisheries ,convention2 7#e7 to resist a lawful arrest for any act prohibited by this ,act2 7#f7 to knowingly and willfully ship1 transport1 offer for sale1 sell1 purchase1 import1 export1 or have custody1 control1 or possession of1 any fishery resource taken or retained in violation of this ,act or any regulation1 permit1 or agreement referred to in paragraph 7#a7 or 7#b72 7#g7 to interfere with1 delay1 or prevent1 by any means1 the apprehension or arrest of another person1 knowing that such other person has committed any act prohibited by this section2 7#h7 to knowingly and willfully submit to the ,secretary false information 7including false information regarding the capacity and extent to which a ,united ,states fish processor1 on an annual basis1 will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the ,united ,states71 regarding any matter that the ,secretary is considering in the course of carrying out this ,act2 7#i7 to forcibly assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel under this ,act1 or any data collector employed by or under contract to any person to carry out responsibilities under this ,act2 7#aj7 to engage in fishing in violation of any regulation adopted pursuant to this ,act2 7#aa7 to knowingly and willfully ship1 transport1 purchase1 sell1 offer for sale1 import1 export1 or have in custody1 possession1 or control any fishery resource taken or retained in violation of such regulations2 7#ab7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports required to be made1 kept1 or furnished under this ,act2 7#ac7 to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the ,united ,states2 or 7#ad7 to import1 in violation of any regulation adopted pursuant to this ,act1 any fishery resource in any form of those species subject to regulation pursuant to a recommendation1 resolution1 or decision of the ,commission1 or any fishery resource in any form not under regulation but under investigation by the ,commission1 during the period the fishery resource has been denied entry in accordance with the provisions of this ,act4 7b7 ,entry certification ,in the case of any fishery resource described in subsection 7a7 offered for entry into the ,united ,states1 the ,secretary shall require proof satisfactory to the ,secretary that the fishery resource is not ineligible for such entry under the terms of this ,act4 #h4 ,cooperation in carrying out ,convention 7a7 ,federal and ,state agencies2 private institutions and organizations ,the ,secretary may cooperate with any ,federal agency1 any public or private institution or organization within the ,united ,states or abroad1 and1 through the ,secretary of ,state1 a duly authorized official of the government of any party to the ,south ,pacific ,fisheries ,convention1 in carrying out responsibilities under this ,act4 7b7 ,scientific and other programs2 facilities and personnel ,each ,federal agency is authorized1 upon the request of the ,secretary1 to 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 ,fisheries ,convention4 7c7 ,sanctioned fishing operations and biological experiments ,nothing in this ,act1 or in the laws of any ,state1 prevents the ,secretary or the ,commission from-- 7#a7 conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation2 or 7#b7 discharging any other duties prescribed by the ,south ,pacific ,fisheries ,convention4 7d7 ,state jurisdiction not affected ,except as provided in subsection 7e71 nothing in this ,act shall be construed to diminish or to increase the jurisdiction of any ,state in the territorial sea of the ,united ,states4 7e7 ,application of regulations 7#a7 ,in general ,regulations promulgated under this ,act shall apply within the boundaries of any ,state bordering on the ,convention ,area if-- 7,a7 the ,secretary has provided notice to the ,state2 7,b7 the ,state does not request a formal agency hearing2 and 7,c7 the ,secretary determines that the ,state-- 7i7 has not1 within a reasonable period of time after the promulgation of regulations under this ,act1 enacted laws that implement the recommendations of the ,commission within the boundaries of the ,state2 or 7ii7 has enacted laws that implement the recommendations of the ,commission within the boundaries of the ,state that-- 7,i7 are less restrictive than the regulations promulgated under this ,act2 or 7,,ii7 are not effectively enforced4 7#b7 ,determination by ,secretary ,the regulations promulgated under this ,act shall apply until the ,secretary determines that the ,state is effectively enforcing within that ,state's boundaries measures that are as or more restrictive than the regulations promulgated under this ,act4 7#c7 ,formal agency hearing ,if a ,state requests a formal agency hearing1 the ,secretary shall not apply the regulations promulgated under this ,act within that ,state's boundaries unless the hearing record supports a determination under clause 7i7 or 7ii7 of paragraph 7#a77;,c74 7f7 ,review of ,state laws and regulations ,to ensure that the purposes of subsection 7e7 are carried out1 the ,secretary shall undertake a continuing review of the laws of each ,state to which subsection 7e7 applies or may apply and the extent to which such laws and regulations are enforced4 #i4 ,territorial participation ,the ,secretary of ,state shall ensure participation in the ,commission and its subsidiary bodies by ,american ,samoa1 ,guam1 and the ,commonwealth of the ,northern ,mariana ,islands to the same extent provided to the territories of other nations4 #aj4 ,exclusive economic zone notification ,masters of commercial fishing vessels of nations fishing under the management authority of the ,south ,pacific ,fisheries ,convention that do not carry vessel monitoring systems capable of communicating with ,u4,s4 enforcement authorities shall1 prior to1 or as soon as reasonably possible after1 entering and transiting the exclusive economic zone seaward of the ,convention ,area-- 7#a7 notify the ,u4,s4 ,coast ,guard of the name1 flag state1 location1 route1 and destination of the vessel and of the circumstances under which it will enter ,u4,s4 waters2 7#b7 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 and placed where it is not readily available for fishing2 and 7#c7 if requested by an enforcement officer1 proceed to a specified location so that a vessel inspection can be conducted4 #aa4 ,authorization of appropriations ,there are authorized to be appropriated to the ,secretary of ,commerce such sums as may be necessary to carry out this ,act and to pay the ,united ,states contribution to the ,commission under ,article #ae of the ,south ,pacific ,fisheries ,convention4 #a4 ,short title ,this ,act may be cited as the ,south ,pacific ,fisheries ,convention ,implementation ,act4 #b4 ,definitions ,in this ,act3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means the advisory committee established under section #c4 7#b7 ,commission ,the term ,commission means the ,south ,pacific ,fisheries ,commission established pursuant to the ,south ,pacific ,fisheries ,convention4 7#c7 ,commissioner ,the term ,commissioner means a ,u4,s4 ,commissioner appointed under section #c4 7#d7 ,convention ,area ,the term ,convention ,area means-- 7,a7 the waters of the ,pacific ,ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction1 bounded by the #aj parallel of north latitude and the #bj parallel of south latitude and by the #ace meridian of east longitude and the #aej meridian of west longitude2 and 7,b7 the waters of the ,pacific ,ocean beyond areas of national jurisdiction and in accordance with international law jurisdiction-- 7i7 east of a line extending south along the #abj meridian of east longitude from the outer limit of the national jurisdiction of ,australia off the south coast of ,western ,australia to the intersection with the #ee parallel of south latitude2 then due east along the #ee parallel of south latitude to the intersection with the #aej meridian of east longitude2 then due south along the #aej meridian of east longitude to the intersection with the #fj parallel of south latitude2 7ii7 north of a line extending east along the #fj parallel of south latitude from the #aej meridian of east longitude to the intersection with the #fg #af' meridian of west longitude2 7iii7 west of a line extending north along the #fg #af' meridian of west longitude from the #fj parallel of south latitude to its intersection with the outer limit of the national jurisdiction of ,chile2 then along the outer limits of the national jurisdictions of ,chile1 ,peru1 ,ecuador and ,colombia to the intersection with the #b parallel of north latitude2 and 7iv7 south of a line extending west along the #b parallel of north latitude 7but not including the national jurisdiction of ,ecuador 7,galapagos ,islands77 to the intersection with the #aej meridian of west longitude2 then due north along the #aej meridian of west longitude to its intersection with #aj parallel of north latitude2 then west along the #aj parallel of north latitude to its intersection with the outer limits of the national jurisdiction of the ,marshall ,islands2 and then generally south and around the outer limits of the national jurisdictions of ,pacific ,states and territories1 ,new ,zealand and ,australia until it connects to the commencement of the line described in clause 7i74 7#e7 ,council ,the term ,council means the ,western ,pacific ,regional ,fishery ,management ,council4 7#f7 ,exclusive economic zone ,the term exclusive economic zone means the zone established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc4 7#g7 ,fishery resources 7,a7 ,in general ,the term fishery resources means all fish within the ,convention ,area4 7,b7 ,inclusions ,the term fishery resources includes mollusks1 crustaceans1 and other living marine resources as may be decided by the ,commission4 7,c7 ,exclusions ,the term fishery resources does not include-- 7i7 sedentary species in so far as they are subject to the national jurisdiction of coastal ,states pursuant to ,article #gg paragraph #d of the #aihb ,convention2 7ii7 highly migratory species listed in ,annex ,i of the #aihb ,convention2 7iii7 anadromous species2 7iv7 catadromous species2 7v7 marine mammals2 7vi7 marine reptiles2 or 7vii7 sea birds4 7#h7 ,fishing 7,a7 ,in general ,the term fishing means-- 7i7 the actual or attempted searching for1 catching1 taking1 or harvesting of fishery resources2 7ii7 engaging in any activity that can reasonably be expected to result in the locating1 catching1 taking1 or harvesting of fishery resources for any purpose2 7iii7 transshipment and any operation at sea in direct support of1 or in preparation for1 any activity described in this subparagraph2 or 7iv7 the use of any vessel1 vehicle1 aircraft1 or hovercraft1 in relation to any activity described in clauses 7i7 through 7iii74 7,b7 ,exclusions ,the term fishing does not include any operation related to an emergency involving the health or safety of a crew member or the safety of a fishing vessel4 7#i7 ,fishing vessel ,the term fishing vessel means any vessel used or intended for use for the purpose of fishing1 including a support ship1 a carrier vessel1 or any other vessel directly involved in such fishing operations4 7#aj7 ,panel ,the term ,panel means the ,council's ,advisory ,panel4 7#aa7 ,person ,the term person means-- 7,a7 any individual1 whether or not a citizen or national of the ,united ,states2 7,b7 any corporation1 partnership1 association1 or other entity1 whether or not organized or existing under the laws of any ,state2 or 7,c7 any ,federal1 ,state1 local1 tribal1 or foreign government or any entity of such government4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#ac7 ,south ,pacific ,fisheries ,convention ,the term ,south ,pacific ,fisheries ,convention means the ,convention on the ,conservation and ,management of the ,high ,seas ,fishery ,resources in the ,south ,pacific ,ocean 7including any annexes1 amendments1 or protocols that are in force1 or have come into force1 for the ,united ,states71 which was adopted at ,auckland on ,november #ad1 #bjji4 7#ad7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 ,american ,samoa1 ,guam1 and any other commonwealth1 territory1 or possession of the ,united ,states4 7#ae7 ,straddling stock ,the term straddling stock means a stock of fishery resources which migrates between1 or occurs in1 the economic exclusion zone of #a or more parties to the ,convention and the ,convention ,area4 7#af7 ,transshipment ,the term transshipment means the unloading of all or any of the fishery resources or fishery resources products derived from fishing in the ,convention ,area on board a fishing vessel to another fishing vessel either at sea or in port4 7#ag7 #aihb ,convention ,the term #aihb ,convention means the ,united ,nations ,convention on the ,law of the ,sea of #aj ,december #aihb4 #c4 ,appointment of ,u4,s4 ,commissioners 7a7 ,appointment 7#a7 ,in general ,the ,united ,states shall be represented on the ,commission by not more than #c ,u4,s4 ,commissioners4 ,in making each appointment1 the ,president shall select a ,commissioner from among individuals who are knowledgeable or experienced concerning fishery resources in the ,south ,pacific ,ocean4 7#b7 ,representation ,at least #a of the ,commissioners shall be-- 7,a7 serving at the pleasure of the ,president1 an officer or employee of-- 7i7 the ,department of ,commerce2 7ii7 the ,department of ,state2 or 7iii7 the ,united ,states ,coast ,guard2 and 7,b7 the chairperson or designee of the ,council4 7b7 ,alternate ,commissioners ,the ,secretary of ,state1 in consultation with the ,secretary1 may designate from time to time and for periods of time considered appropriate an alternate ,commissioner to the ,commission4 ,an alternate ,commissioner may exercise all powers and duties of a ,commissioner in the absence of a ,commissioner appointed under subsection 7a74 7c7 ,administrative matters 7#a7 ,employment status ,an individual serving as a ,commissioner1 or as an alternate ,commissioner1 other than an officer or employee of the ,u4,s4 ,government1 shall not be considered a ,federal employee1 except for the purposes of injury compensation or tort claims liability as provided in chapter #ha of title #e1 ,united ,states ,code and chapter #aga of title #bh1 ,united ,states ,code4 7#b7 ,compensation ,an individual serving as a ,commissioner or an alternate ,commissioner1 although an officer of the ,united ,states while so serving1 shall receive no compensation for the individual's services as such ,commissioner or alternate ,commissioner4 7#c7 ,travel expenses 7,a7 ,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 #egja1 #egjb1 #egjd through #egjh1 and #egca of title #e1 ,united ,states ,code4 7,b7 ,reimbursement ,the ,secretary may reimburse the ,secretary of ,state for amounts expended by the ,secretary of ,state under this paragraph4 7d7 ,advisory committee 7#a7 ,establishment of permanent advisory committee 7,a7 ,membership ,there is established an advisory committee which shall be composed of #g members appointed by the ,secretary1 including-- 7i7 a member engaging in commercial fishing in the management area of the ,council2 7ii7 #b members from the indigenous population of the ,pacific including a ,native ,hawaiian and a native-born inhabitant of any possession of the ,united ,states in the ,pacific2 7iii7 a member that is a marine fisheries scientist and a member of the ,council's ,scientific and ,statistical ,committee2 7iv7 a member representing a non-governmental organization active in fishery issues in the ,pacific2 7v7 a member nominated by the ,governor of the ,state of ,hawaii2 and 7vi7 a member designated by the ,council4 7,b7 ,terms and privileges ,each member of the ,advisory ,committee shall serve for a term of #b years and shall be eligible for reappointment for not more than #c consecutive terms4 ,the ,commissioners shall notify the ,advisory ,committee in advance of each meeting of the ,commissioners4 ,the ,advisory ,committee may attend each meeting and may examine and be heard on all proposed programs1 investigations1 reports1 recommendations1 and regulations of the ,commissioners4 7,c7 ,procedures ,the ,advisory ,committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this ,act1 the ,south ,pacific ,fisheries ,convention1 and the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 ,the ,advisory ,committee shall publish and make available to the public a statement of its organization1 practices1 and procedures4 ,a majority of the members of the ,advisory ,committee shall constitute a quorum to conduct business4 ,meetings of the ,advisory ,committee1 except when in executive session1 shall be open to the public4 ,prior notice of each non-executive meeting shall be made public in a timely fashion4 ,the ,advisory ,committee shall not be subject to the ,federal ,advisory ,committee ,act 7#e ,u4,s4,c4 ,app474 7,d7 ,provision of information ,the ,secretary and the ,secretary of ,state shall furnish the ,advisory ,committee with relevant information concerning fishery resources and international fishery agreements4 7#b7 ,administrative matters 7,a7 ,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 effectively4 7,b7 ,compensation2 status2 expenses ,an individual appointed to serve as a member of the ,advisory ,committee-- 7i7 shall serve without pay2 and 7ii7 shall not be considered a ,federal employee1 except for the purposes of injury compensation or tort claims liability as provided in chapter #ha of title #e1 ,united ,states ,code1 and chapter #aga of title #bh1 ,united ,states ,code4 7e7 ,memorandum of understanding ,for fishery resources in the ,convention ,area1 the ,secretary1 in coordination with the ,secretary of ,state1 shall develop a memorandum of understanding with the ,council that clarifies the role of the ,council with respect to-- 7#a7 participation in ,u4,s4 delegations to international fishery organizations in the ,pacific ,ocean1 including government-to-government consultations2 7#b7 providing formal recommendations to the ,secretary and the ,secretary of ,state regarding necessary measures for both domestic and foreign fishing vessels2 7#c7 coordinating positions with the ,u4,s4 delegation for presentation to the appropriate international fishery organization2 and 7#d7 recommending those domestic fishing regulations that are consistent with the actions of the international fishery organization1 for approval and implementation under the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 #d4 ,authority and responsibility of the ,secretary of ,state ,the ,secretary of ,state may-- 7#a7 receive and transmit1 on behalf of the ,united ,states1 reports1 requests1 recommendations1 proposals1 decisions1 and other communications of and to the ,commission2 7#b7 in consultation with the ,secretary1 approve1 disapprove1 object to1 or withdraw objections to bylaws and rules1 or amendments thereof1 adopted by the ,commission2 7#c7 with the concurrence of the ,secretary1 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 ,south ,pacific ,fisheries ,convention2 and 7#d7 act upon1 or refer to other appropriate authority1 any communication under paragraph 7#a74 #e4 ,authority of the ,secretary of ,commerce 7a7 ,promulgation of regulations ,the ,secretary1 in consultation with the ,secretary of ,state and1 with respect to enforcement measures1 the ,secretary of the department in which the ,coast ,guard is operating1 is authorized to promulgate such regulations as may be necessary to carry out ,u4,s4 international obligations under the ,south ,pacific ,fisheries ,convention and this ,act1 including recommendations and decisions adopted by the ,commission4 ,if the ,secretary has discretion in the implementation of #a or more measures adopted by the ,commission that would govern a straddling stock under the authority of the ,council1 the ,secretary shall promulgate1 to the extent practicable within the implementation schedule of the ,south ,pacific ,fisheries ,convention and any recommendations and decisions adopted by the ,commission1 such regulations in accordance with the procedures established by the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7b7 ,rule of construction ,regulations promulgated under subsection 7a7 shall be applicable only to a person or a fishing vessel that is or has engaged in fishing1 or fishery resources covered by the ,south ,pacific ,fisheries ,convention under this ,act4 7c7 ,additional authority ,the ,secretary may conduct1 and may request and utilize on a reimbursed or non-reimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies in-- 7#a7 scientific1 research1 and other programs under this ,act2 7#b7 fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the ,south ,pacific ,fisheries ,convention2 7#c7 the collection1 utilization1 and disclosure of such information as may be necessary to implement the ,south ,pacific ,fisheries ,convention1 subject to sections #eeb and #eeb;a of title #e1 ,united ,states ,code1 and section #djb7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahha;a7b772 7#d7 if recommended by the ,commissioners1 the assessment and collection of fees1 not to exceed #c percent of the ex-vessel value of fishery resources harvested by vessels of the ,united ,states in fisheries conducted in the ,convention ,area1 to recover the actual costs to the ,united ,states of management and enforcement under this ,act1 which shall be deposited as an offsetting collection in1 and credited to1 the account providing appropriations to carry out the functions of the ,secretary under this ,act2 and 7#e7 the issuance of permits to owners and operators of ,u4,s4 vessels to engage in fishing in the ,convention ,area seaward of the ,u4,s4 exclusive economic zone1 under such terms and conditions as the ,secretary may prescribe1 including the period of time that a permit is valid4 7d7 ,consistency with other laws ,the ,secretary shall ensure the consistency1 to the extent practicable1 of fishery management programs administered under this ,act1 the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq471 the ,tuna ,conventions ,act of #aiej 7#af ,u4,s4,c4 #iea et seq471 the ,south ,pacific ,tuna ,act of #aihh 7#af ,u4,s4,c4 #igc et seq471 section #dja of ,public ,law #ajh-bai 7#af ,u4,s4,c4 #ahba note7 7relating to ,pacific albacore tuna71 the ,atlantic ,tunas ,convention ,act 7#af ,u4,s4,c4 #iga et seq471 and the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq474 7e7 ,judicial review of regulations 7#a7 ,in general ,regulations promulgated by the ,secretary under this ,act shall be subject to judicial review to the extent authorized by1 and in accordance with1 chapter #g of title #e1 ,united ,states ,code1 if a petition for such review is filed not later than #cj days after the date on which the regulations are promulgated or the action is published in the ,federal ,register1 as applicable4 7#b7 ,responses ,notwithstanding any other provision of law1 the ,secretary shall file a response to any petition filed in accordance with paragraph 7#a71 not later than #cj days after the date the ,secretary is served with that petition1 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 extension4 7#c7 ,copies of administrative record ,a response of the ,secretary under paragraph 7#b7 shall include a copy of the administrative record for the regulations that are the subject of the petition4 7#d7 ,expedited hearings ,upon a motion by the person who files a petition under this subsection1 the appropriate court shall assign the matter for hearing at the earliest possible date4 #f4 ,enforcement 7a7 ,in general ,the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating-- 7#a7 shall administer and enforce this ,act and any regulations issued under this ,act1 except to the extent otherwise provided for in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq472 and 7#b7 may request and utilize on a reimbursed or non-reimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies in the administration and enforcement of this ,act4 7b7 ,secretarial actions ,except as provided under subsection 7c71 the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating shall prevent any person from violating this ,act with respect to fishing or the conservation of fishery resources in the ,convention ,area in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though sections #cjh through #caa of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheh1 #ahei1 #ahfj1 #ahfa7 were incorporated into and made a part of this ,act4 ,any person that violates any provision of this ,act is subject to the penalties and entitled to the privileges and immunities provided in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 in the same manner1 by the same means1 and with the same jurisdiction1 power1 and duties as though sections #cjh through #caa of that ,act 7#af ,u4,s4,c4 #aheh1 #ahei1 #ahfj1 #ahfa7 were incorporated into and made a part of this ,act4 7c7 ,jurisdiction of the courts 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 the district courts of the ,united ,states shall have exclusive jurisdiction over any case or controversy arising under the provisions of this ,act1 and any such court may at any time-- 7,a7 enter restraining orders or prohibitions2 7,b7 issue warrants1 process in rem1 or other process2 7,c7 prescribe and accept satisfactory bonds or other security2 and 7,d7 take such other actions as are in the interest of justice4 7#b7 ,hawaii and ,pacific insular areas ,in the case of ,hawaii or any possession of the ,united ,states in the ,pacific ,ocean1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,hawaii1 except that-- 7,a7 in the case of ,guam and ,wake ,island1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,guam2 and 7,b7 in the case of the ,northern ,mariana ,islands1 the appropriate court is the ,united ,states ,district ,court for the ,district of the ,northern ,mariana ,islands4 7#c7 ,construction ,each violation shall be a separate offense and the offense shall be deemed to have been committed not only in the district where the violation first occurred1 but also in any other district authorized by law4 ,any offense not committed in any district is subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 7d7 ,confidentiality 7#a7 ,in general ,any information submitted to the ,secretary in compliance with any requirement under this ,act shall be confidential and may not be disclosed1 except-- 7,a7 to a ,federal employee who is responsible for administering1 implementing1 or enforcing this ,act2 7,b7 to the ,commission1 in accordance with requirements in the ,south ,pacific ,fisheries ,convention and decisions of the ,commission1 and1 insofar as possible1 in accordance with an agreement with the ,commission that prevents public disclosure of the identity or business of any person2 7,c7 to a ,state or ,council employee pursuant to an agreement with the ,secretary that prevents public disclosure of the identity or business of any person2 7,d7 when required by court order2 or 7,e7 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 paragraph1 and such release does not violate other requirements of this ,act4 7#b7 ,use of information 7,a7 ,in general ,except as provided under subparagraph 7,b71 the ,secretary shall promulgate regulations regarding the procedures the ,secretary considers necessary to preserve the confidentiality of information under this ,act4 7,b7 ,exception ,the ,secretary may release or make public information submitted under this ,act if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person4 7#c7 ,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 ,act4 #g4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this ,act or any regulation or permit issued pursuant to this ,act2 7#b7 to use any fishing vessel to engage in fishing without1 or after the revocation or during the period of suspension of1 an applicable permit issued under this ,act2 7#c7 to refuse to permit any officer authorized to enforce the provisions of this ,act to board a fishing vessel subject to such person's control for the purposes of conducting any search1 investigation1 or inspection in connection with the enforcement of this ,act or the ,south ,pacific ,fisheries ,convention2 7#d7 to assault1 resist1 oppose1 impede1 intimidate1 or interfere with any such authorized officer in the conduct of any search1 investigation1 or inspection in connection with the enforcement of this ,act or the ,south ,pacific ,fisheries ,convention2 7#e7 to resist a lawful arrest for any act prohibited by this ,act or any regulation promulgated or permit issued under this ,act2 7#f7 to knowingly and willfully ship1 transport1 offer for sale1 sell1 purchase1 import1 export1 or have custody1 control1 or possession of1 any fishery resources taken or retained in violation of this ,act or any regulation or permit referred to in paragraph 7#a7 or 7#b72 7#g7 to interfere with1 delay1 or prevent1 by any means1 the apprehension or arrest of another person1 knowing that such other person has committed any act prohibited by this section2 7#h7 to knowingly and willfully submit to the ,secretary false information 7including false information regarding the capacity and extent to which a ,united ,states fish processor1 on an annual basis1 will process a portion of the optimum yield of a fishery that will be harvested by fishing vessels of the ,united ,states71 regarding any matter that the ,secretary is considering in the course of carrying out this ,act2 7#i7 to assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel under this ,act1 or any data collector employed by or under contract to any person to carry out responsibilities under this ,act2 7#aj7 to engage in fishing in violation of any regulation adopted pursuant to this ,act2 7#aa7 to knowingly and willfully ship1 transport1 purchase1 sell1 offer for sale1 import1 export1 or have in custody1 possession1 or control any fishery resources taken or retained in violation of such regulations2 7#ab7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports required to be made1 kept1 or furnished under this ,act2 7#ac7 to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the ,united ,states2 7#ad7 to import1 in violation of any regulation adopted pursuant to this ,act1 any fishery resources in any form of those species subject to regulation pursuant to a recommendation1 resolution1 or decision of the ,commission1 or any fishery resources in any form not under regulation but under investigation by the ,commission1 during the period the fishery resources have been denied entry in accordance with the provisions of this ,act2 7#ae7 to make or submit any false record1 account1 or label for1 or any false identification of1 any fishery resources which have been1 or are intended to be imported1 exported1 transported1 sold1 offered for sale1 purchased1 or received in interstate or foreign commerce2 or 7#af7 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 ,area4 #h4 ,cooperation in carrying out ,convention 7a7 ,federal and ,state agencies2 private institutions and organizations ,the ,secretary may cooperate with any ,federal agency1 any public or private institution or organization within the ,united ,states or abroad1 and1 through the ,secretary of ,state1 a duly authorized official of the government of any party to the ,south ,pacific ,fisheries ,convention1 in carrying out responsibilities under this ,act4 7b7 ,scientific and other programs2 facilities and personnel ,each ,federal agency is authorized1 upon the request of the ,secretary1 to 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 ,fisheries ,convention4 7c7 ,sanctioned fishing operations and biological experiments ,nothing in this ,act1 or in the laws of any ,state1 prevents the ,secretary or the ,commission from-- 7#a7 conducting or authorizing the conduct of fishing operations and biological experiments at any time for purposes of scientific investigation2 or 7#b7 discharging any other duties prescribed by the ,south ,pacific ,fisheries ,convention4 7d7 ,state jurisdiction not affected ,nothing in this ,act shall be construed to diminish or to increase the jurisdiction of any ,state in the territorial sea of the ,united ,states4 #i4 ,territorial participation ,the ,secretary of ,state shall ensure participation in the ,commission and its subsidiary bodies by ,american ,samoa1 ,guam1 and the ,commonwealth of the ,northern ,mariana ,islands to the same extent provided to the territories of other nations4 #aj4 ,exclusive economic zone notification ,masters of commercial fishing vessels of nations fishing under the management authority of the ,south ,pacific ,fisheries ,convention that do not carry vessel monitoring systems capable of communicating with ,u4,s4 enforcement authorities shall1 prior to1 or as soon as reasonably possible after1 entering and transiting the exclusive economic zone seaward of the ,convention ,area-- 7#a7 notify the ,u4,s4 ,coast ,guard of the name1 flag state1 location1 route1 and destination of the vessel and of the circumstances under which it will enter ,u4,s4 waters2 7#b7 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 and placed where it is not readily available for fishing2 and 7#c7 if requested by an enforcement officer1 proceed to a specified location so that a vessel inspection can be conducted4 #aa4 ,authorization of appropriations 7a7 ,in general ,there are authorized to be appropriated to the ,secretary and the ,secretary of ,state such sums as may be necessary to carry out this ,act and to pay the ,united ,states contribution to the ,commission under ,article #ae of the ,south ,pacific ,fisheries ,convention4 7b7 ,international cooperation and assistance 7#a7 ,in general ,subject to the limits of available appropriations and consistent with applicable law1 the ,secretary or the ,secretary of ,state shall provide appropriate assistance1 including grants1 to developing nations and international organizations of which such nations are members to assist those nations in meeting their obligations under the ,convention4 7#b7 ,transfer of funds ,subject to the limits of available appropriations and consistent with other applicable law1 the ,secretary and the ,secretary of ,state are authorized to transfer funds to any foreign government1 international1 non-governmental1 or international organization1 including the ,commission1 for purposes of carrying out the international responsibilities under paragraph 7#a74 ,december #h1 #bjad,reported with an amendment