#aadth ,,congress #b;d ,session ,s4 #acce ,,an ,,act ,to implement the ,convention on the ,conservation and ,management of the ,high ,seas ,fisheries ,resources in the ,north ,pacific ,ocean1 as adopted at ,tokyo on ,february #bd1 #bjab1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,ensuring ,access to ,fisheries ,act4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,,title ,i--,north ,pacific ,fisheries,subtitle ,a--,north ,pacific ,fisheries ,convention ,implementation ,act,sec4 #aja4 ,short title4,sec4 #ajb4 ,definitions4,sec4 #ajc4 ,united ,states participation in the ,north ,pacific ,fisheries ,convention4,sec4 #ajd4 ,authority and responsibility of the ,secretary of ,state4,sec4 #aje4 ,authority of the ,secretary of ,commerce4,sec4 #ajf4 ,enforcement4,sec4 #ajg4 ,prohibited acts4,sec4 #ajh4 ,cooperation in carrying out ,convention4,sec4 #aji4 ,territorial participation4,sec4 #aaj4 ,exclusive economic zone notification4,sec4 #aaa4 ,authorization of appropriations4,subtitle ,b--,miscellaneous,sec4 #aba4 ,funding for travel expenses4,sec4 #abb4 ,national ,sea ,grant ,college ,program ,reauthorization ,act of #aiih4,,title ,,ii--,south ,pacific ,fisheries ,convention ,implementation ,act,sec4 #bja4 ,short title4,sec4 #bjb4 ,definitions4,sec4 #bjc4 ,appointment of ,united ,states ,commissioners4,sec4 #bjd4 ,authority and responsibility of the ,secretary of ,state4,sec4 #bje4 ,authority of the ,secretary of ,commerce4,sec4 #bjf4 ,enforcement4,sec4 #bjg4 ,prohibited acts4,sec4 #bjh4 ,cooperation in carrying out ,convention4,sec4 #bji4 ,territorial participation4,sec4 #baj4 ,exclusive economic zone notification4,sec4 #baa4 ,authorization of appropriations4,,title ,,iii--,northwest ,atlantic ,fisheries ,convention ,amendments ,act,sec4 #cja4 ,short title2 references to the ,northwest ,atlantic ,fisheries ,convention ,act of #aiie4,sec4 #cjb4 ,representation of the ,united ,states under ,convention4,sec4 #cjc4 ,requests for scientific advice4,sec4 #cjd4 ,authorities of ,secretary of ,state with respect to ,convention4,sec4 #cje4 ,interagency cooperation4,sec4 #cjf4 ,prohibited acts and penalties4,sec4 #cjg4 ,consultative committee4,sec4 #cjh4 ,definitions4,sec4 #cji4 ,authorization of appropriations4,sec4 #caj4 ,quota allocation practice4 ,i ,north ,pacific ,fisheries ,a ,north ,pacific ,fisheries ,convention ,implementation ,act #aja4 ,short title ,this subtitle may be cited as the ,north ,pacific ,fisheries ,convention ,implementation ,act4 #ajb4 ,definitions ,in this subtitle3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means the advisory committee established under section #ajc4 7#b7 ,commission ,the term ,commission means the ,north ,pacific ,fisheries ,commission established pursuant to the ,north ,pacific ,fisheries ,convention4 7#c7 ,commissioner ,the term ,commissioner means a ,united ,states ,commissioner appointed under section #ajc4 7#d7 ,convention ,area ,the term ,convention ,area-- 7,a7 means the waters of the high seas areas of the ,north ,pacific ,ocean2 and 7,b7 excludes-- 7i7 the high seas areas of the ,bering ,sea and other high seas areas that are surrounded by the exclusive economic zone of a single nation1 which are bounded to the south by a continuous line beginning at the seaward limit of waters under the jurisdiction of the ,united ,states around the ,commonwealth of the ,northern ,mariana ,islands at #bj degrees ,north latitude1 then proceeding ,east and connecting the coordinates3 #bjjjjj,n1 #ahjjjjj;,e_/,w2 #ajjjjj,n #ahjjjjj;,e_/,w2 #ajjjjj,n1 #adjjjjj,w2 #bjjjjj,n1 #adjjjjj,w2 and thence ,east to the seaward limit of waters under the fisheries jurisdiction of ,mexico2 and 7ii7 the exclusive economic zone of the ,united ,states or of any other country4 7#e7 ,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 #aheb74 7#f7 ,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 note71 the inner boundary of which1 for purposes of this subtitle1 is a line coterminous with the seaward boundary of each of the coastal ,states2 and 7,b7 with respect to a foreign country1 a designated zone similar to the zone referred to in subparagraph 7,a7 for that country4 7#g7 ,fisheries resources 7,a7 ,in general ,the term fisheries resources means all fish1 mollusks1 crustaceans1 and other marine species1 including any products thereof1 caught by a fishing vessel within the ,convention ,area4 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 pre-existing international fisheries management instruments within the area of competence of such instruments4 7#h7 ,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 transhipment 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#i7 ,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#aj7 ,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#aa7 ,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#ab7 ,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#ac7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,commerce4 7#ad7 ,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 ,guam1 ,american ,samoa1 and any other commonwealth1 territory1 or possession of the ,united ,states4 7#ae7 ,straddling stock ,the term straddling stock means a stock of fisheries resources which migrates between1 or occurs in1 the exclusive economic zone of #a or more parties to the ,convention and the ,convention ,area4 7#af7 ,transshipment ,the term transshipment means the unloading of any fisheries resources taken in the ,convention ,area from #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 #ajc4 ,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 #e ,united ,states ,commissioners4 7#b7 ,selection of ,commissioners ,the ,united ,states ,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 ,united ,states ,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 chairperson of the ,north ,pacific ,fishery ,management ,council or a designee of such chairperson4 7,c7 ,pacific ,fishery ,management ,council ,one ,commissioner shall be the chairperson of the ,pacific ,fishery ,management ,council or a designee of such chairperson4 7,d7 ,western ,pacific ,fishery ,management ,council ,one ,commissioner shall be the chairperson of the ,western ,pacific ,fishery ,management ,council or a designee of such chairperson4 7#c7 ,chairperson ,the ,president shall designate #a of the ,commissioners appointed under paragraph 7#b7 to serve as chairperson of the ,united ,states ,commissioners4 7b7 ,alternate ,commissioners ,in the event of a vacancy in 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 7d7 ,advisory committee 7#a7 ,establishment of permanent advisory committee 7,a7 ,membership ,there is established an advisory committee which shall be composed of #aa members appointed by the ,secretary as follows3 7i7 ,a member engaging in commercial fishing activities in the management area of the ,north ,pacific ,fishery ,management ,council4 7ii7 ,a member engaging in commercial fishing activities in the management area of the ,pacific ,fishery ,management ,council4 7iii7 ,a member engaging in commercial fishing activities in the management area of the ,western ,pacific ,fishery ,management ,council4 7iv7 #c members from the indigenous population of the ,north ,pacific1 including an ,alaska ,native1 ,native ,hawaiian1 or a native-born inhabitant of any ,state of the ,united ,states in the ,pacific1 and an individual from a ,pacific ,coast tribe4 7v7 ,a member that is a marine fisheries scientist that is a resident of a ,state the adjacent exclusive economic zone for which is bounded by the ,convention ,area4 7vi7 ,a member nominated by the ,governor of the ,state of ,alaska4 7vii7 ,a member nominated by the ,governor of the ,state of ,hawaii4 7viii7 ,a member nominated by the ,governor of the ,state of ,washington4 7ix7 ,a member nominated by the ,governor of the ,state of ,california4 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 shall attend each meeting and shall examine and be heard on all proposed programs1 investigations1 reports1 recommendations1 and regulations of the ,commissioners4 7,c7 ,procedures 7i7 ,in general ,the ,advisory ,committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this subtitle1 the ,north ,pacific ,fisheries ,convention1 and the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7ii7 ,public availability of procedures ,the ,advisory ,committee shall publish and make available to the public a statement of its organization1 practices1 and procedures4 7iii7 ,quorum ,a majority of the members of the ,advisory ,committee shall constitute a quorum to conduct business4 7iv7 ,public meetings ,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 fisheries 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 status ,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 7,c7 ,travel expenses 7i7 ,in general ,the ,secretary of ,state shall pay the necessary travel expenses of members of the ,advisory ,committee in carrying out the duties of the ,advisory ,committee in accordance with the ,federal ,travel ,regulations and sections #egja1 #egjb1 #egjd through #egjh1 and #egca of title #e1 ,united ,states ,code4 7ii7 ,reimbursement ,the ,secretary may reimburse the ,secretary of ,state for amounts expended by the ,secretary of ,state under this subparagraph4 7e7 ,united ,states participation ,in instances in which the ,united ,states is participating in any meeting of the parties to the ,north ,pacific ,fisheries ,convention1 the ,united ,states shall be represented by the ,commissioners and the ,advisory ,committee4 #ajd4 ,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 under paragraph 7#a72 7#c7 with the concurrence of the ,secretary1 and in accordance with the provisions of the ,convention1 object to any decision of the ,commission2 and 7#d7 in the conduct of any program1 including scientific and research programs1 under this subtitle1 request and utilize on a reimbursed or non-reimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies1 foreign governments1 foreign agencies1 or international intergovernmental organizations4 #aje4 ,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 is authorized to promulgate such regulations as may be necessary to carry out the ,united ,states international obligations under the ,north ,pacific ,fisheries ,convention and this subtitle1 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 of the ,united ,states 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 subtitle4 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 subtitle2 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 if recommended by the ,commissioners1 the assessment and collection of fees1 not to exceed #c percent of the ex-vessel value of fisheries resource 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 subtitle1 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 subtitle2 and 7#e7 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 valid4 7d7 ,consistency with other laws ,the ,secretary shall ensure the consistency1 to the extent practicable1 of fishery management programs administered under this subtitle1 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 subtitle 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 #ajf4 ,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 subtitle and any regulations issued under this subtitle2 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 subtitle4 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 subtitle 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 subtitle4 ,any person that violates any provision of this subtitle 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 subtitle4 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 subtitle1 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 in compliance with a requirement under this subtitle to the ,secretary or to implement the ,convention1 including information submitted on or before the date of enactment of the ,ensuring ,access to ,fisheries ,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 subtitle2 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 subtitle4 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 submitted under this subtitle4 7,b7 ,exception ,the ,secretary may release or make public information submitted under this subtitle 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 subtitle4 #ajg4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this subtitle or any regulation or permit issued pursuant to this subtitle2 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 subtitle2 7#c7 to refuse to permit any officer authorized to enforce the provisions of this subtitle 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 subtitle 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 subtitle or any regulation1 permit1 or the ,north ,pacific ,fisheries ,convention2 7#e7 to resist a lawful arrest for any act prohibited by this subtitle or any regulation promulgated or permit issued under this subtitle2 7#f7 to ship1 transport1 offer for sale1 sell1 purchase1 import1 export1 or have custody1 control1 or possession of1 any fisheries resources if the person knew or should have known in the exercise of due care that the fisheries resources were taken or retained in violation of this subtitle or any regulation or permit referred to in paragraph 7#a7 or paragraph 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 ,states7 regarding any matter that the ,secretary is considering in the course of carrying out this subtitle if the person knew or should have known in the exercise of due care that the information was false2 7#i7 to assault1 resist1 oppose1 impede1 intimidate1 sexually harass1 bribe1 or interfere with any observer on a vessel under this subtitle1 or any data collector employed by or under contract to any person to carry out responsibilities under this subtitle2 7#aj7 to engage in fishing activities in violation of any regulation adopted pursuant to this subtitle2 7#aa7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports required by regulations adopted pursuant to this subtitle 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 subtitle1 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 the provisions of this subtitle2 7#ad7 to make or submit any false record1 account1 or label for1 or any false identification of1 any fisheries 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#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 #ajh4 ,cooperation in carrying out ,convention 7a7 ,federal and ,state agencies2 private institutions and organizations ,the ,secretary may cooperate with departments and 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 ,north ,pacific ,fisheries ,convention1 in carrying out responsibilities under this subtitle4 7b7 ,scientific and other programs2 facilities and personnel ,each ,federal department and 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 ,north ,pacific ,fisheries ,convention4 7c7 ,sanctioned fishing operations and biological experiments ,nothing in this subtitle1 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 subtitle shall be construed to diminish or to increase the jurisdiction of any ,state in the territorial sea of the ,united ,states4 #aji4 ,territorial participation ,the ,secretary of ,state shall ensure participation in the ,commission and its subsidiary bodies by the ,commonwealth of the ,northern ,mariana ,islands to the same extent provided to the territories of other nations4 #aaj4 ,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 ,area-- 7#a7 notify the ,united ,states ,coast ,guard of the name1 flag state1 location1 route1 and destination of the vessel and of the circumstances under which it will enter ,united ,states 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 activities and placed where it is not readily available for fishing activities2 and 7#c7 if requested by an enforcement officer1 proceed to a specified location so that a vessel inspection can be conducted4 #aaa4 ,authorization of appropriations ,there is authorized to be appropriated out of funds made available to the ,secretary and the ,secretary of ,state #ejj1jjj for each of fiscal years #bjag through #bjba to carry out this subtitle and to pay the ,united ,states contribution to the ,commission under ,article #ab of the ,north ,pacific ,fisheries ,convention4 ,b ,miscellaneous #aba4 ,funding for travel expenses 7a7 ,north ,pacific ,bering ,sea ,fisheries advisory body ,section #e of the ,act entitled ,an ,act to approve the governing international fishery agreement between the ,united ,states and the ,union of ,soviet ,socialist ,republics1 and for other purposes1 approved ,november #g1 #aihh 7,public ,law #ajj-fbi2 #af ,u4,s4,c4 #ahbc note71 is amended by adding at the end the following3 7e7 ,travel expenses 7#a7 ,in general ,the ,secretary of ,state shall pay the necessary travel expenses of the members of the advisory body established pursuant to this section in carrying out their service as such members 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 of ,commerce may reimburse the ,secretary of ,state for amounts expended by the ,secretary of ,state under this subsection4 4 7b7 ,north ,pacific ,anadromous ,fish ,commission 7#a7 ,united ,states ,commissioners ,section #hjd of the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejjc7 is amended by adding at the end the following3 7e7 ,travel expenses 7#a7 ,in general ,the ,secretary shall pay the necessary travel expenses of the ,united ,states ,commissioners and ,alternate ,united ,states ,commissioners in carrying out the duties of the ,commission 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 of ,commerce may reimburse the ,secretary for amounts expended by the ,secretary under this subparagraph4 4 7#b7 ,advisory ,panel ,section #hje of the ,north ,pacific ,anadromous ,stocks ,act of #aiib 7#af ,u4,s4,c4 #ejjd7 is amended by striking subsection 7e7 and inserting the following3 7e7 ,compensation ,the members of the ,advisory ,panel shall receive no compensation for their service as such members4 7f7 ,travel expenses 7#a7 ,in general ,the ,secretary shall pay the necessary travel expenses of the members of the ,advisory ,panel in carrying out their service as such members 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 of ,commerce may reimburse the ,secretary for amounts expended by the ,secretary under this subparagraph4 4 #abb4 ,national ,sea ,grant ,college ,program ,reauthorization ,act of #aiih ,section #aj of the ,national ,sea ,grant ,college ,program ,reauthorization ,act of #aiih 7#ae ,u4,s4,c4 #aeda7 is amended by striking the ,united ,states ,coast ,guard each place it appears and inserting another ,federal agency4 ,,ii ,south ,pacific ,fisheries ,convention ,implementation ,act #bja4 ,short title ,this title may be cited as the ,south ,pacific ,fisheries ,convention ,implementation ,act4 #bjb4 ,definitions ,in this title3 7#a7 ,advisory ,committee ,the term ,advisory ,committee means the advisory committee established under section #bjc4 7#b7 ,commission ,the term ,commission means the ,south ,pacific ,fisheries ,commission established under the ,south ,pacific ,fisheries ,convention4 7#c7 ,commissioner ,the term ,commissioner means a ,united ,states ,commissioner appointed under section #bjc4 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 law1 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-- 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 of the ,united ,states ,the term exclusive economic zone of the ,united ,states means the zone established by ,presidential ,proclamation ,numbered #ejcj of ,march #aj1 #aihc 7#af ,u4,s4,c4 #adec note71 the inner boundary of which1 for purposes of this title1 is a line coterminous with the seaward boundary of each of the coastal ,states4 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 resources1 including any products thereof1 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 government1 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 exclusive economic zone of #a or more parties to the ,south ,pacific ,fisheries ,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 #bjc4 ,appointment of ,united ,states ,commissioners 7a7 ,appointment 7#a7 ,in general ,the ,united ,states shall be represented on the ,commission by not more than #c ,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 ,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 ,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 ,secretary as follows3 7i7 ,a member engaging in commercial fishing in the management area of the ,council4 7ii7 #b members from the indigenous population of the ,pacific1 including a ,native ,hawaiian and a native-born inhabitant of any ,state in the ,pacific4 7iii7 ,a member that is a marine fisheries scientist and a member of the ,council's ,scientific and ,statistical ,committee4 7iv7 ,a member representing a non-governmental organization active in fishery issues in the ,pacific4 7v7 ,a member nominated by the ,governor of the ,state of ,hawaii4 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 7i7 ,in general ,the ,advisory ,committee shall determine its organization and prescribe its practices and procedures for carrying out its functions under this title1 the ,south ,pacific ,fisheries ,convention1 and the ,magnuson-,stevens ,fishery ,conservation and ,management ,act 7#af ,u4,s4,c4 #ahja et seq474 7ii7 ,public availability of procedures ,the ,advisory ,committee shall publish and make available to the public a statement of its organization1 practices1 and procedures4 7iii7 ,quorum ,a majority of the members of the ,advisory ,committee shall constitute a quorum to conduct business4 7iv7 ,public meetings ,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 ,united ,states 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 ,united ,states 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 #bjd4 ,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 under paragraph 7#a72 7#c7 with the concurrence of the ,secretary1 and in accordance with the provisions of the ,convention1 object to any decision of the ,commission2 and 7#d7 in the conduct of any program1 including scientific and research programs1 under this title1 request and utilize on a reimbursed or non-reimbursed basis the assistance1 services1 personnel1 equipment1 and facilities of other ,federal departments and agencies1 foreign governments1 foreign agencies1 or international intergovernmental organizations4 #bje4 ,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 is authorized to promulgate such regulations as may be necessary to carry out ,united ,states international obligations under the ,south ,pacific ,fisheries ,convention and this title1 including recommendations and decisions adopted by the ,commission4 7#b7 ,regulations of straddling stocks ,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 title4 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 title2 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 title1 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 title2 and 7#e7 the issuance of permits to owners and operators of ,united ,states vessels to engage in fishing 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 valid4 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 ,atlantic ,tunas ,convention ,act of #aige 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 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 #bjf4 ,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 non-reimbursed 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 ,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 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 #aheh1 #ahei1 #ahfj1 #ahfa7 were incorporated into and made a part of this title4 ,any person that violates any provision of 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 #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 exclusive jurisdiction over any case or controversy arising under the provisions of 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 other ,state 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 in compliance with a requirement under this title to the ,secretary or to implement the ,convention1 including information submitted on or before the date of enactment of the ,ensuring ,access to ,fisheries ,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 ,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 title4 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 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 #bjg4 ,prohibited acts ,it is unlawful for any person-- 7#a7 to violate any provision of this title or any regulation or permit issued under this title2 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 title2 7#c7 to refuse to permit any officer authorized to enforce the provisions of 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 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 title or the ,south ,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 of any fisheries resources if the person knew or should have known in the exercise of due care that the fisheries resources were taken or retained in violation of this title or any regulation or permit referred to in paragraph 7#a7 or paragraph 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 ,states7 regarding any matter that the ,secretary is considering in the course of carrying out this title if the person knew or should have known in the exercise of due care that the information was false2 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 in violation of any regulation adopted under this title2 7#aa7 to fail to make1 keep1 or furnish any catch returns1 statistical records1 or other reports required to be made1 kept1 or furnished under this title2 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 promulgated under this title1 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 title2 7#ad7 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#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 #bjh4 ,cooperation in carrying out ,convention 7a7 ,federal and ,state agencies2 private institutions and organizations ,the ,secretary may cooperate with departments and 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 ,fisheries ,convention1 in carrying out responsibilities under this title4 7b7 ,scientific and other programs2 facilities and personnel ,each ,federal department and 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 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 ,south ,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 #bji4 ,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 #baj4 ,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 ,united ,states enforcement authorities shall1 prior to1 or as soon as reasonably possible after1 entering and transiting the exclusive economic zone of the ,united ,states seaward of the ,convention ,area-- 7#a7 notify the ,united ,states ,coast ,guard of the name1 flag state1 location1 route1 and destination of the vessel and of the circumstances under which it will enter the exclusive economic zone of the ,united ,states seaward of the ,convention ,area2 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 #baa4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated out of funds made available to the ,secretary and the ,secretary of ,state #ejj1jjj for each of fiscal years #bjag through #bjba to carry out this title 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 ,south ,pacific ,fisheries ,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 ,,iii ,northwest ,atlantic ,fisheries ,convention ,amendments ,act #cja4 ,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 #cjb4 ,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 ,alternative ,representative is designated2 and 7#f7 in subsection 7f77#a77;,a71 by striking ,magnuson ,act and inserting ,magnuson-,stevens ,fishery ,conservation and ,management ,act4 #cjc4 ,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 #cjd4 ,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 #cje4 ,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 #cjf4 ,prohibited acts and penalties ,section #bjg 7#af ,u4,s4,c4 #efjf7 is amended-- 7#a7 by striking ,magnuson ,act each place it appears and inserting ,magnuson-,stevens ,fishery ,conservation and ,management ,act2 and 7#b7 by striking fish each place it appears and inserting fishery resources4 #cjg4 ,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 #cjh4 ,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 #cji4 ,authorization of appropriations ,section #baa 7#af ,u4,s4,c4 #efaj7 is amended to read as follows3 #baa4 ,contributions to ,organization ,there is authorized to be appropriated out of funds made available to the ,secretary and the ,secretary of ,state #ejj1jjj for each of fiscal years #bjag through #bjba to carry out this title and to pay the ,united ,states contribution to the ,organization as provided in ,article ,,ix of the ,convention4 4 #caj4 ,quota allocation practice ,section #bac 7#af ,u4,s4,c4 #efab7 is repealed4 ,passed the ,senate ,may #ag1 #bjaf4,secretary