,,ii #aadth ,,congress #b;d ,session ,h4 ,r4 #degf ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #ac1 #bjaf,received ,,an ,,act ,to implement the ,convention on the ,conservation and ,management of ,high ,seas ,fisheries ,resources in the ,north ,pacific ,ocean1 to implement the ,convention on the ,conservation and ,management of ,high ,seas ,fishery ,resources in the ,south ,pacific ,ocean1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,ensuring ,access to ,pacific ,fisheries ,act4 ,i ,north ,pacific ,fisheries ,convention ,implementation #aja4 ,definitions ,in this title3 7#a7 ,commission ,the term ,commission means the ,north ,pacific ,fisheries ,commission established in accordance with the ,north ,pacific ,fisheries ,convention4 7#b7 ,commissioner ,the term ,commissioner means a ,united ,states ,commissioner appointed under section #ajb7;a74 7#c7 ,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 #d of such ,convention4 7#d7 ,council ,the term ,council means the ,north ,pacific ,fishery ,management ,council1 the ,pacific ,fishery ,management ,council1 or the ,western ,pacific ,fishery ,management ,council established under section #cjb of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #aheb71 as the context requires4 7#e7 ,exclusive economic zone ,the term exclusive economic zone means-- 7,a7 with respect to the ,united ,states1 the zone established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note72 and 7,b7 with respect to a foreign country1 a designated zone similar to the zone referred to in subparagraph 7,a7 for that country1 consistent with international law4 7#f7 ,fisheries resources 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term fisheries resources means all fish1 mollusks1 crustaceans1 and other marine species caught by a fishing vessel within the ,convention ,area1 as well as any products thereof4 7,b7 ,exclusions ,the term fisheries resources does not include-- 7i7 sedentary species insofar as they are subject to the sovereign rights of coastal nations consistent with ,article #gg1 paragraph #d of the #aihb ,convention and indicator species of vulnerable marine ecosystems as listed in1 or adopted pursuant to1 ,article #ac1 paragraph #e of the ,north ,pacific ,fisheries ,convention2 7ii7 catadromous species2 7iii7 marine mammals1 marine reptiles1 or seabirds2 or 7iv7 other marine species already covered by preexisting international fisheries management instruments within the area of competence of such instruments4 7#g7 ,fishing activities 7,a7 ,in general ,the term fishing activities means-- 7i7 the actual or attempted searching for1 catching1 taking1 or harvesting of fisheries resources2 7ii7 engaging in any activity that can reasonably be expected to result in the locating1 catching1 taking1 or harvesting of fisheries resources for any purpose2 7iii7 the processing of fisheries resources at sea2 7iv7 the transshipment of fisheries resources at sea or in port2 or 7v7 any operation at sea in direct support of1 or in preparation for1 any activity described in clauses 7i7 through 7iv71 including transshipment4 7,b7 ,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 vessel4 7#h7 ,fishing vessel ,the term fishing vessel means any vessel used or intended for use for the purpose of engaging in fishing activities1 including a processing vessel1 a support ship1 a carrier vessel1 or any other vessel directly engaged in such fishing activities4 7#i7 ,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 country4 7#aj7 ,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 7including any annexes1 amendments1 or protocols that are in force1 or have come into force7 for the ,united ,states1 which was adopted at ,tokyo on ,february #bd1 #bjab4 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 ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,commerce4 7#ac7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 ,guam1 and any other commonwealth1 territory1 or possession of the ,united ,states4 7#ad7 ,straddling stock ,the term straddling stock means a stock of fisheries resources that migrates between1 or occurs in1 the economic exclusion zone of one or more parties to the ,convention and the ,convention ,area4 7#ae7 ,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 port4 7#af7 #aihb ,convention ,the term #aihb ,convention means the ,united ,nations ,convention on the ,law of the ,sea of #aj ,december #aihb4 #ajb4 ,united ,states participation in the ,north ,pacific ,fisheries ,convention 7a7 ,united ,states ,commissioners 7#a7 ,number of ,commissioners ,the ,united ,states shall be represented on the ,commission by five ,united ,states ,commissioners4 7#b7 ,selection of ,commissioners ,the ,commissioners shall be as follows3 7,a7 ,appointment by the ,president 7i7 ,in general ,two of the ,commissioners shall be appointed by the ,president and shall be an officer or employee of-- 7,i7 the ,department of ,commerce2 7,,ii7 the ,department of ,state2 or 7,,iii7 the ,coast ,guard4 7ii7 ,selection criteria ,in making each appointment under clause 7i71 the ,president shall select a ,commissioner from among individuals who are knowledgeable or experienced concerning fisheries resources in the ,north ,pacific ,ocean4 7,b7 ,north ,pacific ,fishery ,management ,council ,one ,commissioner shall be the chairman of the ,north ,pacific ,fishery ,management ,council or a designee of such chairman4 7,c7 ,pacific ,fishery ,management ,council ,one ,commissioner shall be the chairman of the ,pacific ,fishery ,management ,council or a designee of such chairperson4 7,d7 ,western ,pacific ,fishery ,management ,council ,one ,commissioner shall be the chairman of the ,western ,pacific ,fishery ,management ,council or a designee of such chairperson4 7b7 ,alternate ,commissioners ,in the event of a vacancy in a position as a ,commissioner appointed under subsection 7a71 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 7a71 and shall serve the remainder of the term of the absent ,commissioner for which designated4 7c7 ,administrative matters 7#a7 ,employment status ,an individual serving as a ,commissioner1 or an alternative ,commissioner1 other than an officer or employee of the ,united ,states ,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 ,code1 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 #ajc4 ,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 act upon1 or refer to another appropriate authority1 any communication received pursuant to paragraph 7#a72 7#c7 with the concurrence of the ,secretary1 and in accordance with the ,convention1 object to the decisions of the ,commission2 and 7#d7 request and utilize on a reimbursed or non-reimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies1 foreign governments or agencies1 or international intergovernmental organizations1 in the conduct of scientific research and other programs under this title4 #ajd4 ,authority of the ,secretary of ,commerce 7a7 ,promulgation of regulations 7#a7 ,authority ,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 may promulgate such regulations as may be necessary to carry out the ,united ,states international obligations under the ,north ,pacific ,fisheries ,convention and this title1 including recommendations and decisions adopted by the ,commission4 7#b7 ,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 ,council1 any regulation promulgated by the ,secretary to implement such measure within the exclusive economic zone shall be approved by such ,council4 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 fishing activities1 or fisheries resources covered by the ,north ,pacific ,fisheries ,convention under this title4 7c7 ,additional authority ,the ,secretary may conduct1 and may request and utilize on a reimbursed or nonreimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies in-- 7#a7 scientific1 research1 and other programs under this title2 7#b7 fishing operations and biological experiments for purposes of scientific investigation or other purposes necessary to implement the ,north ,pacific ,fisheries ,convention2 7#c7 the collection1 utilization1 and disclosure of such information as may be necessary to implement the ,north ,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 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 ,states1 under such terms and conditions as the ,secretary may prescribe1 including the period of time that a permit is valid2 and 7#e7 if recommended by the ,united ,states ,commissioners1 the assessment and collection of fees1 not to exceed #c percent of the ex-vessel value of fisheries resources harvested by vessels of the ,united ,states in fisheries conducted in the ,convention ,area1 to recover the actual costs to the ,united ,states to carry out the functions of the ,secretary under this title4 7d7 ,consistency with other laws ,the ,secretary shall ensure the consistency1 to the extent practicable1 of fishery management programs administered under this title1 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 ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq471 the ,national ,oceanic and ,atmospheric ,administration ,authorization ,act of #aiib 7,public ,law #ajb-efg7 and the amendments made by that ,act1 and ,public ,law #ajj-fbi 7#ajb ,stat4 #cbhf74 7e7 ,judicial review of regulations 7#a7 ,in general ,regulations promulgated by the ,secretary under this title 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 promulgated4 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 #aje4 ,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 title and any regulations issued under this title2 and 7#b7 may request and utilize on a reimbursed or nonreimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies in the administration and enforcement of this title4 7b7 ,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 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 and #ahfa7 were incorporated into and made a part of this title4 ,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 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 and #ahfa7 were incorporated into and made a part of this title4 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 jurisdiction over any case or controversy arising under this title1 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 is 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 title1 and information submitted under any requirement of this title that may be necessary to implement the ,convention1 including information submitted before the date of the enactment of this ,act1 shall be confidential and may not be disclosed1 except-- 7,a7 to a ,federal employee who is responsible for administering1 implementing1 or enforcing this title2 7,b7 to the ,commission1 in accordance with requirements in the ,north ,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 ,state1 ,council1 or marine fisheries commission employees 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 title4 7#b7 ,use of information 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,secretary shall promulgate regulations regarding the procedures the ,secretary considers necessary to preserve the confidentiality of information submitted under this title4 7,b7 ,exception ,the ,secretary may release or make public information submitted under this title if the information is in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any 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 title4 #ajf4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate this title or any regulation or permit issued under this title2 7#b7 to use any fishing vessel to engage in fishing activities without1 or after the revocation or during the period of suspension of1 an applicable permit issued pursuant to this title2 7#c7 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 search1 investigation1 or inspection in connection with the enforcement of this title or any regulation1 permit1 or the ,north ,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 title or any regulation1 permit1 or the ,north ,pacific ,fisheries ,convention2 7#e7 to resist a lawful arrest for any act prohibited by this title or any regulation promulgated or permit issued under this title2 7#f7 to ship1 transport1 offer for sale1 sell1 purchase1 import1 export1 or have custody1 control1 or possession of1 any fisheries resources taken or retained in violation of this title 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 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 title2 7#i7 to assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel under this title1 or any data collector employed by or under contract to any person to carry out responsibilities under this title2 7#aj7 to engage in fishing activities in violation of any regulation adopted pursuant to this title2 7#aa7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports required by regulations adopted pursuant to this title to be made1 kept1 or furnished2 7#ab7 to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the ,united ,states2 7#ac7 to import1 in violation of any regulation adopted pursuant to this title1 any fisheries resources in any form of those species subject to regulation pursuant to a recommendation1 resolution1 or decision of the ,commission1 or any fisheries resources in any form not under regulation but under investigation by the ,commission1 during the period such fisheries resources have been denied entry in accordance with this title2 7#ad7 to make or submit any false record1 account1 or label for1 or any false identification of1 any fisheries resources that have been1 or are intended to be imported1 exported1 transported1 sold1 offered for sale1 purchased1 or received in interstate or foreign commerce2 or 7#ae7 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 #ajg4 ,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 ,north ,pacific ,fisheries ,convention1 in carrying out responsibilities under this title4 7b7 ,scientific and other programs2 facilities and personnel ,each ,federal agency may1 upon the request of the ,secretary1 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 ,convention4 7c7 ,sanctioned fishing operations and biological experiments ,nothing in this title1 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 ,north ,pacific ,fisheries ,convention4 7d7 ,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 ,states4 #ajh4 ,territorial participation ,the ,secretary of ,state shall ensure participation in the ,commission and its subsidiary bodies by the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 and ,guam to the extent allowed under ,united ,states law4 #aji4 ,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 shall1 prior to or as soon as reasonably possible after1 entering and transiting the exclusive economic zone bounded by the ,convention ,area1 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 activities4 ,,ii ,implementation of the ,convention on the ,conservation and ,management of ,high ,seas ,fishery ,resources in the ,south ,pacific ,ocean #bja4 ,definitions ,in this title3 7#a7 #aihb convention ,the term #aihb ,convention means the ,united ,nations ,convention on the ,law of the ,sea of #aj ,december #aihb4 7#b7 ,commission ,the term ,commission means the ,commission of the ,south ,pacific ,regional ,fisheries ,management ,organization established in accordance with the ,south ,pacific ,fishery ,resources ,convention4 7#c7 ,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 #e of such ,convention4 7#d7 ,council ,the term ,council means the ,western ,pacific ,regional ,fishery ,management ,council4 7#e7 ,exclusive economic zone ,the term exclusive economic zone means-- 7,a7 with respect to the ,united ,states1 the zone established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note72 and 7,b7 with respect to a foreign country1 a designated zone similar to the zone referred to in subparagraph 7,a7 for that country1 consistent with international law4 7#f7 ,fishery resources ,the term fishery resources means all fish1 mollusks1 crustaceans1 and other marine species1 and any products thereof1 caught by a fishing vessel within the ,convention ,area1 but excluding-- 7,a7 sedentary species insofar as they are subject to the national jurisdiction of coastal ,states pursuant to ,article #gg paragraph #d of the #aihb ,convention2 7,b7 highly migratory species listed in ,annex ,i of the #aihb ,convention2 7,c7 anadromous and catadromous species2 and 7,d7 marine mammals1 marine reptiles and sea birds4 7#g7 ,fishing ,the term fishing-- 7,a7 except as provided in subparagraph 7,b71 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 taking or harvesting of fishery resources for any purpose2 7iii7 transshipment and any operation at sea1 in support of1 or in preparation for1 any activity described in this subparagraph2 and 7iv7 the use of any vessel1 vehicle1 aircraft1 or hovercraft in relation to any activity described in this subparagraph2 and 7,b7 does not include any operation related to emergencies involving the health and safety of crew members or the safety of a fishing vessel4 7#h7 ,fishing vessel ,the term fishing vessel means any vessel used or intended to be used for fishing1 including any fish processing vessel support ship1 carrier vessel1 or any other vessel directly engaged in fishing operations4 7#i7 ,person ,the term person means any individual 7whether or not a citizen or national of the ,united ,states72 any corporation1 partnership1 association1 or other entity 7whether or not organized or existing under the laws of any ,state72 and any ,federal1 ,state1 local1 or foreign government or any entity of any such government4 7#aj7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#aa7 ,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 7including any annexes1 amendments1 or protocols that are in force1 or have come into force1 for the ,united ,states71 which was adopted at ,auckland1 ,new ,zealand1 on ,november #ad1 #bjji1 by the ,international ,consultations on the ,proposed ,south ,pacific ,regional ,fisheries ,management ,organization4 7#ab7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of the ,northern ,mariana ,islands1 ,american ,samoa1 ,guam1 and any other commonwealth1 territory1 or possession of the ,united ,states4 #bjb4 ,appointment or designation of united states commissioners 7a7 ,appointment 7#a7 ,in general ,the ,united ,states shall be represented on the ,commission by not more than three ,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 one 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 ,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 ,united ,states ,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 ,code1 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 #bjc4 ,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 act upon1 or refer to other appropriate authority1 any communication pursuant to paragraph 7#a72 and 7#c7 with the concurrence of the ,secretary1 and in accordance with the ,south ,pacific ,fishery ,resources ,convention1 object to decisions of the ,commission4 #bjd4 ,responsibility of the secretary and rulemaking authority 7a7 ,responsibilities ,the ,secretary may-- 7#a7 administer this title and any regulations issued under this title1 except to the extent otherwise provided for in this title2 7#b7 issue permits to vessels subject to the jurisdiction of the ,united ,states1 and to owners and operators of such vessels1 to fish in the ,convention ,area1 under such terms and conditions as the ,secretary may prescribe2 and 7#c7 if recommended by the ,united ,states ,commissioners1 assess and collect fees1 not to exceed #c percent of the ex-vessel value of fisheries resources harvested by vessels of the ,united ,states in fisheries conducted in the ,convention ,area1 to recover the actual costs to the ,united ,states to carry out the functions of the ,secretary under this title4 7b7 ,promulgation of regulations 7#a7 ,in general ,the ,secretary1 in consultation with the ,secretary of ,state and the ,secretary of the department in which the ,coast ,guard is operating1 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 title1 including decisions adopted by the ,commission4 7#b7 ,applicability ,regulations promulgated under this subsection shall be applicable only to a person or fishing vessel that is or has engaged in fishing1 and fishery resources covered by the ,convention on the ,conservation and ,management of ,high ,seas ,fishery ,resources in the ,south ,pacific ,ocean under this title4 7c7 ,consistency with other laws ,the ,secretary shall ensure the consistency1 to the extent practicable1 of fishery management programs administered under this title1 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 ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act 7#af ,u4,s4,c4 #fija et seq471 the ,national ,oceanic and ,atmospheric ,administration ,authorization ,act of #aiib 7,public ,law #ajb-efg7 and the amendments made by that ,act1 and ,public ,law #ajj-fbi 7#ajb ,stat4 #cbhf74 7d7 ,judicial review of regulations 7#a7 ,in general ,regulations promulgated by the ,secretary under this title 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#a7 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 #bje4 ,enforcement 7a7 ,responsibility ,this title1 and any regulations or permits issued under this title1 shall be enforced by the ,secretary and the ,secretary of the department in which the ,coast ,guard is operating4 ,such ,secretaries shall1 and the head of any ,federal or ,state agency that has entered into an agreement with either such ,secretary under this section may 7if the agreement so provides71 authorize officers to enforce this title or any regulation promulgated under this title4 ,any officer so authorized may enforce this title in the same manner1 by the same means1 and with the same jurisdiction1 powers1 and duties as though section #caa of the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahfa7 were incorporated into and made a part of this title4 7b7 ,administration and enforcement ,the ,secretary shall prevent any person from violating this title 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 #aheh through #ahfa7 were incorporated into and made a part of this title4 ,any person that violates this title shall be subject to the penalties1 and entitled to the privileges and immunities1 provided in the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq47 in the same manner and by the same means as though sections #cjh through #caa of that ,act 7#af ,u4,s4,c4 #aheh through #ahfa7 were incorporated into and made a part of this title4 7c7 ,district court jurisdiction ,the district courts of the ,united ,states shall have jurisdiction over any actions arising under this section4 ,notwithstanding subsection 7b71 for the purpose of this section1 for ,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 in the case of ,guam and ,wake ,island1 the appropriate court is the ,united ,states ,district ,court for the ,district of ,guam1 and except that 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 ,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 occurred1 but also in any other district as authorized by law4 ,any offenses not committed in any district are subject to the venue provisions of section #cbch of title #ah1 ,united ,states ,code4 #bjf4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this title or of any regulation promulgated or permit issued under this title2 7#b7 to use any fishing vessel to engage in fishing without a valid permit or after the revocation1 or during the period of suspension1 of an applicable permit pursuant to this title2 7#c7 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 title2 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 title or any regulation promulgated or permit issued under this title2 7#e7 to resist a lawful arrest for any act prohibited by this title or any regulation promulgated or permit issued under this title2 7#f7 to 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 title 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 title2 7#h7 to submit to the ,secretary false information1 regarding any matter that the ,secretary is considering in the course of carrying out this title2 7#i7 to assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel pursuant to the requirements of this title1 or any data collector employed by the ,national ,oceanic and ,atmospheric ,administration or under contract to any person to carry out responsibilities under this title2 7#aj7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports as are required by regulations adopted pursuant to this title to be made1 kept1 or furnished2 7#aa7 to fail to stop a vessel upon being hailed and instructed to stop by a duly authorized official of the ,united ,states2 7#ab7 to import1 in violation of any regulation promulgated under this title1 any fishery resources in any form of those species subject to regulation pursuant to a decision of the ,commission2 7#ac7 to make or submit any false record1 account1 or label for1 or any false identification of1 any fishery resources that have been or are intended to be imported1 exported1 transported1 sold1 offered for sale1 purchased1 or received in interstate or foreign commerce2 or 7#ad7 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 #bjg4 ,cooperation in carrying out the convention 7a7 ,federal and state agencies2 private institutions and organizations ,the ,secretary may cooperate with agencies of the ,united ,states ,government1 any public or private institutions or organizations within the ,united ,states or abroad1 and1 through the ,secretary of ,state1 the duly authorized officials of the government of any party to the ,south ,pacific ,fishery ,resources ,convention1 in carrying out responsibilities under this title4 7b7 ,scientific and other programs2 facilities and personnel ,all ,federal agencies may1 upon the request of the ,secretary1 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 ,convention4 7c7 ,sanctioned fishing operations and biological experiments ,nothing in this title1 or in the laws or regulations 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 ,fishery ,resources ,convention4 7d7 ,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 ,states4 #bjh4 ,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 extent allowed under ,united ,states law4 #bji4 ,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 shall1 before or as soon as reasonably possible after1 entering and transiting the exclusive economic zone bounded by the ,convention ,area1 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 activities4 ,,iii ,western and ,central ,pacific ,fisheries ,commission #cja4 ,recommendations for agenda of annual meetings of ,western and ,central ,pacific ,fisheries ,commission 7a7 ,in general ,the ,western and ,central ,pacific ,fisheries ,convention ,implementation ,act is amended-- 7#a7 in section #ejc 7#af ,u4,s4,c4 #fijb7-- 7,a7 in subsection 7a71 by inserting and commercial fishing after fish stocks2 and 7,b7 in subsection 7d77#a71 by adding at the end the following3 7,e7 ,agenda recommendations ,no later than #cj days before each annual meeting of the ,commission1 the ,advisory ,committee shall transmit to the ,united ,states ,commissioners recommendations relating to the agenda of the annual meeting4 ,the recommendations must be agreed to by a majority of the ,advisory ,committee members4 ,the ,united ,states ,commissioners shall consider such recommendations1 along with additional views transmitted by ,advisory ,committee members1 in the formulation of the ,united ,states position for the ,commission meeting and during the negotiations at that meeting4 2 and 7#b7 by redesignating section #eaa 7#af ,u4,s4,c4 #fiaj7 as section #eab1 and inserting after section #eaj the following3 #eaa4 ,united ,states conservation1 management1 and enforcement objectives ,the ,secretary1 in consultation with the ,secretary of ,state1 in the course of negotiations1 shall seek to-- 7#a7 minimize any disadvantage to ,united ,states fishermen in relation to other members of the ,commission2 7#b7 maximize the opportunities for fishing vessels of the ,united ,states to harvest fish stocks on the high seas in the ,convention area1 recognizing that such harvests may be restricted if the ,commission1 based on the best available scientific information provided by the ,scientific ,committee1 determines it is necessary to achieve the conservation objective set forth in ,article #b of the ,convention2 7#c7 prevent any requirement for the transfer to other nations or foreign entities of the fishing capacity1 fishing capacity rights1 or fishing vessels of the ,united ,states or its territories1 unless any such requirement is voluntary and market-based2 and 7#d7 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 ,convention4 4 7b7 ,conforming amendment ,section #a7;b7 of the ,magnuson-,stevens ,fishery ,conservation and ,management ,reauthorization ,act of #bjjf is amended in the table of contents by striking the item relating to section #eaa 7#aba ,stat4 #cegf7 and inserting the following3 ,sec4 #eaa4 ,united ,states conservation1 management1 and enforcement objectives4 ,sec4 #eab4 ,authorization of appropriations4 4 ,,iv ,illegal1 ,unregulated1 and ,unreported ,fishing #dja4 ,amendments to the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7a7 ,application of act ,section #fjf7;b7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;g7b77 is amended by striking and at the end of paragraph 7#g71 striking the period at the end of paragraph 7#h7 and inserting 2 and1 and by adding at the end the following3 7#i7 the ,ensuring ,access to ,pacific ,fisheries ,act4 4 7b7 ,biennial reports ,section #fjg of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;h7 is amended by inserting on ,june #a of that year after every #b years thereafter14 7c7 ,identification of vessels ,section #fji7;a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbf;j7a77 is amended by striking fishing vessels of that nation are engaged1 or have and inserting any fishing vessel of that nation is engaged1 or has4 7d7 ,identification of nations ,section #faj7;a77#b77;,a7 of the ,high ,seas ,driftnet ,fishing ,moratorium ,protection ,act 7#af ,u4,s4,c4 #ahbfk7 is amended by striking calendar year and inserting #c years4 ,v ,northwest ,atlantic ,fisheries ,convention ,amendments ,act #eja4 ,short title2 references to the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie 7a7 ,short title ,this title may be cited as the ,northwest ,atlantic ,fisheries ,convention ,amendments ,act4 7b7 ,references to the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie ,except as otherwise expressly provided1 whenever in this title an amendment or repeal is expressed in terms of an amendment to1 or repeal of1 a section or other provision1 the reference shall be considered to be made to a section or other provision of the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie 7#af ,u4,s4,c4 #efja et seq474 #ejb4 ,representation of the ,united ,states under convention ,section #bjb 7#af ,u4,s4,c4 #efja7 is amended-- 7#a7 in subsection 7a77#a71 by striking ,general ,council and the ,fisheries2 7#b7 in subsection 7b77#a71 by striking at a meeting of the ,general ,council or the ,fisheries ,commission2 7#c7 in subsection 7b77#b71 by striking 1 at any meeting of the ,general ,council or the ,fisheries ,commission for which the ,alternate ,commissioner is designated2 7#d7 in subsection 7d77#a71 by striking at a meeting of the ,scientific ,council2 7#e7 in subsection 7d77#b71 by striking 1 at any meeting of the ,scientific ,council for which the ,alternate ,representative is designated2 and 7#f7 in subsection 7f77#a77;,a71 by striking ,magnuson ,act and inserting ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 #ejc4 ,requests for scientific advice ,section #bjc 7#af ,u4,s4,c4 #efjb7 is amended-- 7#a7 in subsection 7a7-- 7,a7 by striking ,the ,representatives may and inserting ,a ,representative may2 7,b7 by striking described in subsection 7b77#a7 or 7#b7 and inserting described in paragraph 7#a7 or 7#b7 of subsection 7b72 and 7,c7 by striking the ,representatives have and inserting the ,representative has2 7#b7 by striking ,,vii7#a7 each place it appears and inserting ,,vii7#aj77;b72 and 7#c7 in subsection 7b77#b71 by striking ,,viii7#b7 and inserting ,,vii7#aa74 #ejd4 ,authorities of ,secretary of ,state with respect to convention ,section #bjd 7#af ,u4,s4,c4 #efjc7 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 ,convention4 #eje4 ,interagency cooperation ,section #bje7;a7 7#af ,u4,s4,c4 #efjd7;a77 is amended to read as follows3 7a7 ,authorities of the secretary ,in carrying out the provisions of the ,convention and this title1 the ,secretary may arrange for cooperation with-- 7#a7 any department1 agency1 or instrumentality of the ,united ,states2 7#b7 a ,state2 7#c7 a ,council2 or 7#d7 a private institution or an organization4 4 #ejf4 ,prohibited acts and penalties ,section #bjg7;a77#e7 7#af ,u4,s4,c4 #efjf7;a77#e77 is amended by striking fish and inserting fishery resources4 #ejg4 ,consultative committee ,section #bjh 7#af ,u4,s4,c4 #efjg7 is amended-- 7#a7 in subsection 7b77#b71 by striking two and inserting #b2 and 7#b7 in subsection 7c71 by striking ,general ,council or the ,fisheries each place it appears4 #ejh4 ,definitions ,section #baj 7#af ,u4,s4,c4 #efji7 is amended to read as follows3 #baj4 ,definitions ,in this title3 7#a7 #aihb ,convention ,the term #aihb ,convention means the ,united ,nations ,convention on the ,law of the ,sea of #aj ,december #aihb4 7#b7 ,authorized enforcement officer ,the term authorized enforcement officer means a person authorized to enforce this title1 any regulation issued under this title1 or any measure that is legally binding on the ,united ,states under the ,convention4 7#c7 ,commission ,the term ,commission means the body provided for by ,articles ,v1 ,,vi1 ,,xiii1 ,,xiv1 and ,,xv of the ,convention4 7#d7 ,commissioner ,the term ,commissioner means a ,united ,states ,commissioner to the ,northwest ,atlantic ,fisheries ,organization appointed under section #bjb4 7#e7 ,convention ,the term ,convention means the ,convention on ,future ,multilateral ,cooperation in the ,northwest ,atlantic ,fisheries1 done at ,ottawa on ,october #bd1 #aigh1 and as amended on ,september #bh1 #bjjg4 7#f7 ,convention ,area ,the term ,convention ,area means the waters of the ,northwest ,atlantic ,ocean north of #cejj ,n and west of a line extending due north from #cejj ,n and #dbjj ,w to #eijj ,n1 thence due west to #ddjj ,w1 and thence due north to the coast of ,greenland1 and the waters of the ,gulf of ,st4 ,lawrence1 ,davis ,strait and ,baffin ,bay south of #ghaj ,n4 7#g7 ,council ,the term ,council means the ,new ,england ,fishery ,management ,council or the ,mid-,atlantic ,fishery ,management ,council4 7#h7 ,fishery resources 7,a7 ,in general ,the term fishery resources means all fish1 mollusks1 and crustaceans1 including any products thereof1 within the ,convention ,area4 7,b7 ,exclusions ,the term fishery resources does not include-- 7i7 sedentary species over which coastal ,states may exercise sovereign rights consistent with ,article #gg of the #aihb ,convention2 or 7ii7 in so far as they are managed under other international treaties1 anadromous and catadromous stocks and highly migratory species listed in ,annex ,i of the #aihb ,convention4 7#i7 ,fishing activities 7,a7 ,in general ,the term fishing activities means harvesting or processing fishery resources1 or transhipping of fishery resources or products derived from fishery resources1 or any other activity in preparation for1 in support of1 or related to the harvesting of fishery resources4 7,b7 ,inclusions ,the term fishing activities includes-- 7i7 the actual or attempted searching for or catching or taking of fishery resources2 7ii7 any activity that can reasonably be expected to result in locating1 catching1 taking1 or harvesting of fishery resources for any purpose2 and 7iii7 any operation at sea in support of1 or in preparation for1 any activity described in this paragraph4 7,c7 ,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 vessel4 7#aj7 ,fishing vessel 7,a7 ,in general ,the term fishing vessel means a vessel that is or has been engaged in fishing activities4 7,b7 ,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 activities1 or in experimental or exploratory fishing activities4 7#aa7 ,organization ,the term ,organization means the ,northwest ,atlantic ,fisheries ,organization provided for by ,article ,v of the ,convention4 7#ab7 ,person ,the term person means any individual 7whether or not a citizen or national of the ,united ,states71 and any corporation1 partnership1 association1 or other entity 7whether or not organized or existing under the laws of any ,state74 7#ac7 ,representative ,the term ,representative means a ,united ,states ,representative to the ,northwest ,atlantic ,fisheries ,scientific ,council appointed under section #bjb4 7#ad7 ,scientific ,council ,the term ,scientific ,council means the ,scientific ,council provided for by ,articles ,v1 ,,vi1 and ,,vii of the ,convention4 7#ae7 ,secretary ,the term ,secretary means the ,secretary of ,commerce4 7#af7 ,state ,the term ,state means each of the several ,states of the ,united ,states1 the ,district of ,columbia1 and any other commonwealth1 territory1 or possession of the ,united ,states4 7#ag7 ,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 port4 4 #eji4 ,quota allocation practice ,section #bac 7#af ,u4,s4,c4 #efab7 is repealed4 ,passed the ,house of ,representatives ,september #ab1 #bjaf4,karen ,l4 ,haas1,clerk4