[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2907 Introduced in Senate (IS)]

  2d Session
                                S. 2907

  To establish uniform administrative and enforcement procedures and 
    penalties for the enforcement of the High Seas Driftnet Fishing 
Moratorium Protection Act and similar statutes, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 24, 2008

Mr. Inouye (for himself and Mr. Stevens) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

_______________________________________________________________________

                                 A BILL


 
  To establish uniform administrative and enforcement procedures and 
    penalties for the enforcement of the High Seas Driftnet Fishing 
Moratorium Protection Act and similar statutes, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Fisheries Stewardship and Enforcement Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED 
                               STATUTES.

Sec. 101. Authority of the Secretary to enforce statutes.
Sec. 102. Conforming, minor, and technical amendments.
Sec. 103. Illegal, unreported, or unregulated fishing.
         TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

Sec. 201. International fisheries enforcement program.
Sec. 202. International cooperation and assistance program.
                  TITLE III--MISCELLANEOUS AMENDMENTS

Sec. 301. Atlantic Tunas Convention Act of 1975.
Sec. 302. Data Sharing.
Sec. 303. Permits under the High Seas Fishing Compliance Act of 1995.
Sec. 304. Technical corrections to the Western and Central Pacific 
                            Fisheries Convention Implementation Act.
Sec. 305. Technical correction to the Pacific Whiting Act of 2006.
Sec. 306. Regulations under the Antarctic Marine Living Resources 
                            Convention Act of 1984.

TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED 
                               STATUTES.

SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE STATUTES.

    (a) In General.--
            (1) Enforcement of statutes.--The Secretary of Commerce and 
        the Secretary of the department in which the Coast Guard is 
        operating shall enforce the statutes to which this section 
        applies in accordance with the provisions of this section.
            (2) Utilization of nondepartmental resources.--The 
        Secretary may, by agreement, on a reimbursable basis or 
        otherwise, utilize the personnel services, equipment (including 
        aircraft and vessels), and facilities of any other Federal 
        agency, including all elements of the Department of Defense, 
        and of any State agency, in carrying out this section.
            (3) Statutes to which applicable.--This section applies 
        to--
                    (A) the High Seas Driftnet Fishing Moratorium 
                Protection Act (16 U.S.C. 1826d et seq.);
                    (B) title III of the Marine Mammal Protection Act 
                of 1972 (16 U.S.C. 1411 et seq.);
                    (C) the Dolphin Protection Consumer Information Act 
                (16 U.S.C. 1385);
                    (D) the Tuna Conventions Act of 1950 (16 U.S.C. 951 
                et seq.);
                    (E) the North American Anadromous Stocks Act of 
                1992 (16 U.S.C. 5001 et seq.);
                    (F) the South Pacific Tuna Act of 1988 (16 U.S.C. 
                973 et seq.);
                    (G) the Antarctic Marine Living Resources 
                Convention Act of 1984 (16 U.S.C. 2431 et seq.);
                    (H) the Atlantic Tunas Convention Act of 1975 (16 
                U.S.C. 971 et seq.);
                    (I) the Northwest Atlantic Fisheries Convention Act 
                of 1995 (16 U.S.C. 5601 et seq.);
                    (J) the Western and Central Pacific Fisheries 
                Convention Implementation Act (16 U.S.C. 6901 et seq.);
                    (K) the Northern Pacific Halibut Act of 1982 (16 
                U.S.C. 773 et seq.);
                    (L) any other Act in pari materia, so designated by 
                the Secretary after notice and an opportunity for a 
                hearing; and
                    (M) the Antigua Convention Implementing Act of 
                2008.
    (b) Administration and Enforcement.--The Secretary shall prevent 
any person from violating any Act to which this section applies in the 
same manner, by the same means, and with the same jurisdiction, powers, 
and duties as though sections 307 through 311 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1857 through 1861) 
were incorporated into and made a part of each such Act. Except as 
provided in subsection (c), any person that violates any Act to which 
this section applies is subject to the penalties, and entitled to the 
privileges and immunities, provided in the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same 
manner and by the same means as though sections 307 through 311 of that 
Act were incorporated into and made a part of each such Act.
    (c) Special Rules.--
            (1) In general.--Notwithstanding the incorporation by 
        reference of certain sections of the Magnuson-Stevens Fishery 
        Conservation and Management Act under subsection (b), if there 
        is a conflict between a provision of this subsection and the 
        corresponding provision of any section of the Magnuson-Stevens 
        Fishery Conservation and Management Act so incorporated, the 
        provision of this subsection shall apply.
            (2) Civil administrative enforcement.--The amount of the 
        civil penalty for a violation of any Act to which this section 
        applies shall not exceed $250,000 for each violation. Each day 
        of a continuing violation shall constitute a separate 
        violation.
            (3) Civil judicial enforcement.--The Attorney General, upon 
        the request of the Secretary, may commence a civil action in an 
        appropriate district court of the United States to enforce this 
        Act and any Act to which this section applies, and such court 
        shall have jurisdiction to award civil penalties or such other 
        relief as justice may require, including a permanent or 
        temporary injunction. The amount of the civil penalty for a 
        violation of any Act to which this section applies shall not 
        exceed $250,000 for each violation. Each day of a continuing 
        violation shall constitute a separate violation. In determining 
        the amount of a civil penalty, the court shall take into 
        account the nature, circumstances, extent, and gravity of the 
        prohibited acts committed and, with respect to the violator, 
        the degree of culpability, any history of prior violations and 
        such other matters as justice may require. In imposing such 
        penalty, the district court may also consider information 
        related to the ability of the violator to pay.
            (4) Criminal fines and penalties.--
                    (A) Individuals.--In the case of an individual, any 
                offense described in subsection (e)(2), (3), (4), (5), 
                or (6) is punishable by a fine of not more than 
                $500,000, imprisonment for not more than 5 years, or 
                both. If, in the commission of such offense, an 
                individual uses a dangerous weapon, engages in conduct 
                that causes bodily injury to any officer authorized to 
                enforce the provisions of this Act, or places any such 
                officer in fear of imminent bodily injury the maximum 
                term of imprisonment is 10 years.
                    (B) Other persons.--In the case of any other 
                person, any offense described in subsection (e)(2), 
                (3), (4), (5), or (6) is punishable by a fine of not 
                more than $1,000,000.
            (5) Other criminal violations.--Any person (other than a 
        foreign government or any entity of such government) who 
        knowingly violates any provision of subsection (e) of this 
        section, or any provision of any regulation promulgated 
        pursuant to this Act, is guilty of a criminal offense 
        punishable--
                    (A) in the case of an individual, by a fine of not 
                more than $500,000, imprisonment for not more than 5 
                years, or both; and
                    (B) in the case of any other person, by a fine of 
                not more than $1,000,000.
            (6) Criminal forfeitures.--
                    (A) In general.--A person found guilty of an 
                offense described in subsection (e), or who is 
                convicted of a criminal violation of any Act to which 
                this section applies, shall forfeit to the United 
                States--
                            (i) any property, real or personal, 
                        constituting or traceable to the gross proceeds 
                        obtained, or retained, as a result of the 
                        offense including any marine species (or the 
                        fair market value thereof) taken or retained in 
                        connection with or as a result of the offense; 
                        and
                            (ii) any property, real or personal, used 
                        or intended to be used to commit or to 
                        facilitate the commission of the offense, 
                        including any shoreside facility, including its 
                        conveyances, structure, equipment, furniture, 
                        appurtenances, stores, and cargo.
                    (B) Procedure.--Pursuant to section 2461(c) of 
                title 28, United States Code, the provisions of section 
                413 of the Controlled Substances Act (21 U.S.C. 853), 
                other than subsection (d) thereof, shall apply to 
                criminal forfeitures under this section.
            (7) Additional enforcement authority.--In addition to the 
        powers of officers authorized pursuant to subsection (b), any 
        officer who is authorized by the Secretary, or the head of any 
        Federal or State agency that has entered into an agreement with 
        the Secretary under subsection (a) to enforce the provisions of 
        any Act to which this section applies may, with the same 
        jurisdiction, powers, and duties as though section 311 of the 
        Magnuson-Stevens fishery Conservation and Management Act (16 
        U.S.C. 1861) were incorporated into and made a part of each 
        such Act--
                    (A) search or inspect any facility or conveyance 
                used or employed in, or which reasonably appears to be 
                used or employed in, the storage, processing, 
                transport, or trade of fish or fish products;
                    (B) inspect records pertaining to the storage, 
                processing, transport, or trade of fish or fish 
                products;
                    (C) detain, for a period of up to 5 days, any 
                shipment of fish or fish product imported into, landed 
                on, introduced into, exported from, or transported 
                within the jurisdiction of the United States; and
                    (D) make an arrest, in accordance with any 
                guidelines which may be issued by the Attorney General, 
                for any offense under the laws of the United States 
                committed in the person's presence, or for the 
                commission of any felony under the laws of the United 
                States, if the person has reasonable grounds to believe 
                that the person to be arrested has committed or is 
                committing a felony; may search and seize, in 
                accordance with any guidelines which may be issued by 
                the Attorney General and may execute and serve any 
                subpoena, arrest warrant, search warrant issued in 
                accordance with rule 41 of the Federal Rules of 
                Criminal Procedure, or other warrant or civil or 
                criminal process issued by any officer or court of 
                competent jurisdiction.
            (8) Subpoenas.--In addition to any subpoena authority 
        pursuant to subsection (b), the Secretary may, for the purposes 
        of conducting any investigation under this section, or any 
        other statute administered by the Secretary, issue subpoenas 
        for the production of relevant papers, photographs, records, 
        books, and documents in any form, including those in 
        electronic, electrical, or magnetic form.
    (d) District Court Jurisdiction.--The several district courts of 
the United States shall have jurisdiction over any actions arising 
under this section. For the purpose of this section, American Samoa 
shall be included within the judicial district of the District Court of 
the United States for the District of Hawaii. 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 occurred, but also 
in any other district as authorized by law. Any offenses not committed 
in any district are subject to the venue provisions of section 3238 of 
title 18, United States Code.
    (e) Prohibited Acts.--It is unlawful for any person--
            (1) to violate any provision of this section or any Act to 
        which this section applies or any regulation promulgated 
        thereunder;
            (2) to refuse to permit any authorized enforcement officer 
        to board, search, or inspect a fishing vessel, conveyance, or 
        shoreside facility that is subject to the person's control for 
        purposes of conducting any search, investigation, or inspection 
        in connection with the enforcement of this section or any Act 
        to which this section applies or any regulation promulgated 
        thereunder;
            (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigation, or inspection 
        described in paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by 
        this section or any Act to which this section applies;
            (5) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detection of another person, knowing 
        that such person has committed any act prohibited by this 
        section or any Act to which this section applies;
            (6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any 
        observer on a vessel under this Act, or any data collector 
        employed by or under contract to the National Marine Fisheries 
        Service to carry out responsibilities under this section or any 
        Act to which this section applies;
            (7) to import, export, transport, sell, receive, acquire, 
        or purchase in interstate or foreign commerce any fish or fish 
        product taken, possessed, transported, or sold in violation of 
        any foreign law, treaty or any binding conservation measure 
        adopted by an international agreement or organization; or
            (8) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        which has been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce.
    (f) Regulations.--The Secretary may promulgate such regulations, in 
accordance with section 553 of title 5, United States Code, as may be 
necessary to carry out this section or any Act to which this section 
applies.

SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMENDMENTS.

    (a) High Seas Driftnet Fishing Moratorium Protection Act.--Section 
606 of the High Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826g) is amended--
            (1) by inserting ``(a) Detecting, Monitoring, and 
        Preventing Violations.--'' before ``The President''; and
            (2) by adding at the end thereof the following:
    ``(b) Enforcement.--This Act shall be enforced under section 101 of 
the International Fisheries Stewardship and Enforcement Act.''.
    (b) Dolphin Protection Consumer Information Act.--Section 901 of 
the Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is 
amended--
            (1) by adding at the end of subsection (d) the following:
    ``(4) An act that is considered to be a violation of section 5 of 
the Federal Trade Commission Act under paragraph (1) is deemed also to 
be a violation of section 609 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826j).
    ``(5) It is a violation of section 101 of the International 
Fisheries Stewardship and Enforcement Act for any person to assault, 
resist, oppose, impede, intimidate, or interfere with and authorized 
officer in the conduct of any search, investigation or inspection under 
this Act.''; and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Enforcement.--This Act shall be enforced under section 101 of 
the International Fisheries Stewardship and Enforcement Act.''.
    (c) Tuna Conventions Act of 1950.--Section 8 of the Tuna 
Conventions Act of 1950 (16 U.S.C. 957) is amended--
            (1) by striking ``regulation.'' in subsection (a) and 
        inserting ``regulation or for any person to make or submit any 
        false record, account, or label for, or any false 
        identification of, any fish or fish product which has been, or 
        is intended to be imported, exported, transported, sold, 
        offered for sale, purchased, or received in interstate or 
        foreign commerce.'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) It shall be unlawful for any person--
            ``(1) to refuse to permit any officer authorized to enforce 
        the provisions of this Act to board a fishing vessel subject to 
        such person's control for purposes of conducting any search, 
        investigation, or inspection in connection with the enforcement 
        of this Act or any regulation promulgation or permit issued 
        under this Act;
            ``(2) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigation or inspection 
        described in paragraph (1);
            ``(3) to resist a lawful arrest for any act prohibited by 
        this section; or
            ``(4) to interfere with, delay, or prevent, by any means, 
        the apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this 
        section.'';
            (3) by striking subsections (e) through (g) and 
        redesignating subsection (h) as subsection (f); and
            (4) by inserting after subsection (d) the following:
    ``(e) Enforcement.--This section shall be enforced under section 
101 of the International Fisheries Stewardship and Enforcement Act.''.
    (d) Northern Pacific Anadromous Stocks Act of 1992.--
            (1) Unlawful activities.--Section 810 of the Northern 
        Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is 
        amended--
                    (A) by striking ``search or inspection'' in 
                paragraph (5) and inserting ``search, investigation, or 
                inspection'';
                    (B) by striking ``search or inspection'' in 
                paragraph (6) and inserting ``search, investigation, or 
                inspection'';
                    (C) by striking ``or'' after the semicolon in 
                paragraph (8);
                    (D) by striking ``title.'' in paragraph (9) and 
                inserting ``title; or''; and
                    (E) by adding at the end thereof the following:
            ``(10) for any person to make or submit any false record, 
        account, or label for, or any false identification of, any fish 
        or fish product which has been, or is intended to be imported, 
        exported, transported, sold, offered for sale, purchased, or 
        received in interstate or foreign commerce.''.
            (2) Administration and Enforcement.--Section 811 of the 
        Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) 
        is amended to read as follows:

``SEC. 811. ADMINISTRATION AND ENFORCEMENT.

    ``This Act shall be enforced under section 101 of the International 
Fisheries Stewardship and Enforcement Act.''.
    (e) Pacific Salmon Treaty Act of 1985.--Section 8 of the Pacific 
Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended--
            (1) by striking ``search or inspection'' in subsection 
        (a)(2) and inserting ``search, investigation, or inspection'';
            (2) by striking ``search or inspection'' in subsection 
        (a)(3) and inserting ``search, investigation, or inspection'';
            (3) by striking ``or'' after the semicolon in subsection 
        (a)(5);
            (4) by striking ``section.'' in subsection (a)(6) and 
        inserting ``section; or'';
            (5) by adding at the end of subsection (a) the following:
            ``(7) for any person to make or submit any false record, 
        account, or label for, or any false identification of, any fish 
        or fish product which has been, or is intended to be imported, 
        exported, transported, sold, offered for sale, purchased, or 
        received in interstate or foreign commerce.''; and
            (6) by striking subsections (b) through (j) and inserting 
        the following:
    ``(b) Administration and Enforcement.--This Act shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
    (f) South Pacific Tuna Act of 1988.--
            (1) Prohibited acts.--Section 5(a) of the South Pacific 
        Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
                    (A) by striking ``search or inspection'' in 
                paragraph (8) and inserting ``search, investigation, or 
                inspection'';
                    (B) by striking ``search or inspection'' in 
                paragraph (10)(A) and inserting ``search, 
                investigation, or inspection'';
                    (C) by striking ``or'' after the semicolon in 
                paragraph (12);
                    (D) by striking `` retained.'' in paragraph (13) 
                and inserting ``retained; or''; and
                    (E) by adding at the end thereof the following:
            ``(14) for any person to make or submit any false record, 
        account, or label for, or any false identification of, any fish 
        or fish product which has been, or is intended to be imported, 
        exported, transported, sold, offered for sale, purchased, or 
        received in interstate or foreign commerce.''.
            (2) Administration and enforcement.--The South Pacific Tuna 
        Act of 1988 (16 U.S.C. 973 et seq.) is amended by striking 
        sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the 
        following:

``SEC. 7. ADMINISTRATION AND ENFORCEMENT.

    ``This Act shall be enforced under section 101 of the International 
Fisheries Stewardship and Enforcement Act.''.
    (g) Antarctic Marine Living Resources Convention Act of 1984.--
            (1) Unlawful activities.--Section 306 of the Antarctic 
        Marine Living Resources Convention Act (16 U.S.C. 2435) is 
        amended--
                    (A) by striking ``which he knows, or reasonably 
                should have known, was'' in paragraph (3);
                    (B) by striking ``search or inspection'' in 
                paragraph (4) and inserting ``search, investigation, or 
                inspection'';
                    (C) by striking ``search or inspection'' in 
                paragraph (5) and inserting ``search, investigation, or 
                inspection'';
                    (D) by striking ``or'' after the semicolon in 
                paragraph (6);
                    (E) by striking ``section.'' in paragraph (7) and 
                inserting ``section; or''; and
                    (F) by adding at the end thereof the following:
            ``(8) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        which has been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce.''.
            (2) Regulations.--Section 307 of the Antarctic Marine 
        Living Resources Convention Act (16 U.S.C. 2436) is amended by 
        inserting after ``title.'' the following: ``Notwithstanding the 
        provisions of subsections (b), (c), and (d) of section 553 of 
        title 5, United States Code, the Secretary of Commerce may 
        publish in the Federal Register a final rule to implement 
        conservation measures, described in section 305(a) of this Act, 
        that are in effect for 12 months or less, adopted by the 
        Commission, and not objected to by the United States within the 
        time period allotted under Article IX of the Convention. Upon 
        publication in the Federal Register, such conservation measures 
        shall be in force with respect to the United States.''.
            (3) Penalties and Enforcement.--The Antarctic Marine Living 
        Resources Convention Act (16 U.S.C. 2431 et seq.) is amended--
                    (A) by striking sections 308 and 309 (16 U.S.C. 
                2437 and 2438);
                    (B) by striking subsection (b), (c), and (d) of 
                section 310 (16 U.S.C. 2439) and redesignating 
                subsection (e) as subsection (c); and
                    (C) by inserting after subsection (a) the 
                following:
    ``(b) Administration and Enforcement.--This title shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
    (h) Atlantic Tunas Convention Act of 1975.--
            (1) Violations.--Section 7 of the Atlantic Tunas Convention 
        Act of 1975 (16 U.S.C. 971e) is amended--
                    (A) by striking subsections (e) and (f) and 
                redesignating subsection (g) as subsection (f); and
                    (B) by inserting after subsection (d) the 
                following:
    ``(e) Mislabeling.--It shall be unlawful for any person to make or 
submit any false record, account, or label for, or any false 
identification of, any fish or fish product which has been, or is 
intended to be, imported, exported, transported, sold, offered for 
sale, purchased or received in interstate or foreign commerce.''.
            (2) Enforcement.--Section 8 of the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 971f) is amended by striking 
        subsections (a) and (c), and inserting the following before 
        subsection (b):
    ``(a) Administration and Enforcement.--This Act shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
    (i) Northwest Atlantic Fisheries Convention Act of 1995.--Section 
207 of the Northwest Atlantic Fisheries Convention Act of 1995 (16 
U.S.C. 5606) is amended--
            (1) by striking ``AND PENALTIES.'' in the section caption 
        and inserting ``AND ENFORCEMENT.'';
            (2) by striking ``search or inspection'' in subsection 
        (a)(2) and inserting ``search, investigation, or inspection'';
            (3) by striking ``search or inspection'' in subsection 
        (a)(3) and inserting ``search, investigation, or inspection'';
            (4) by striking ``or'' after the semicolon in subsection 
        (a)(5);
            (5) by striking ``section.'' in subsection (a)(6) and 
        inserting ``section ; or'';
            (6) by adding at the end of subsection (a) the following:
            ``(7) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        which has been, or is intended to be, imported, exported, 
        transported, sold, offered for sale, purchased or received in 
        interstate or foreign commerce.''; and
            (7) by striking subsection (b) through (f) and inserting 
        the following:
    ``(b) Administration and Enforcement.--This title shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
    (j) Western and Central Pacific Fisheries Convention Implementation 
Act.--
            (1) Adminstration and enforcement.--Section 506(c) of the 
        Western and Central Pacific Fisheries Convention Implementation 
        Act (16 U.S.C. 6905(c)) is amended to read as follows:
    ``(c) Administration and Enforcement.--This title shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
            (2) Prohibited acts.--Section 507(a) of the Western and 
        Central Pacific Fisheries Convention Implementation Act (16 
        U.S.C. 6906(a)) is amended--
                    (A) by striking ``suspension, on'' in paragraph (2) 
                and inserting ``suspension of'';
                    (B) by striking ``title.'' in paragraph (14) and 
                inserting ``title; or''; and
                    (C) by adding at the end thereof the following:
            ``(15) to make or submit any false record, account, or 
        label for, or any false identification of, any fish or fish 
        product which has been, or is intended to be, imported, 
        exported, transported, sold, offered for sale, purchased or 
        received in interstate or foreign commerce.''.
    (k) Northern Pacific Halibut Act of 1982.--
            (1) Prohibited acts.--Section 7 of the Northern Pacific 
        Halibut Act of 1982 (16 U.S.C.773e) is amended--
                    (A) by redesignating subdivisions (a) and (b) as 
                paragraphs (1) and (2), respectively, and subdivisions 
                (1) through (6) of paragraph (1), as redesignated, as 
                subparagraphs (A) through (F);
                    (B) by striking ``search or inspection'' in 
                paragraph (1)(B), as redesignated, and inserting 
                ``search, investigation, or inspection'';
                    (C) by striking ``search or inspection'' in 
                paragraph (1)(C), as redesignated, and inserting 
                ``search, investigation, or inspection'';
                    (D) by striking ``or'' after the semicolon in 
                paragraph (1)(E), as redesignated;
                    (E) by striking ``section.'' in paragraph (1)(F), 
                as redesignated; and
                    (F) by adding at the end of paragraph (1), as 
                redesignated, the following:
            ``(G) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        which has been, or is intended to be, imported, exported, 
        transported, sold, offered for sale, purchased or received in 
        interstate or foreign commerce; or''.
            (2) Administration and enforcement.--The Northern Pacific 
        Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended--
                    (A) by striking sections 3, 9, and 10 (16 U.S.C. 
                773f, 773g, and 773h); and
                    (B) by striking subsections (b) through (f) of 
                section 11 (16 U.S.C. 773i) and inserting the 
                following:
    ``(b) Administration and Enforcement.--This Act shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.

SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

    (a) In General.--Section 608 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826i), as amended by section 
302(a) of this title, is further amended by adding at the end thereof 
the following:
    ``(c) Vessels and Vessel Owners Engaged in Illegal, Unreported, or 
Unregulated Fishing.--The Secretary may--
            ``(1) develop, maintain, and make public a list of vessels 
        and vessel owners engaged in illegal, unreported, or 
        unregulated fishing, including vessels or vessel owners 
        identified by an international fishery management organization 
        or arrangement made pursuant to an international fishery 
        agreement, whether or not the United States is a party to such 
        organization or arrangement; and
            ``(2) take appropriate action against listed vessels and 
        vessel owners, including action against fish, fish parts, or 
        fish products from such vessels, in accordance with applicable 
        United States law and consistent with applicable international 
        law, including principles, rights, and obligations established 
        in applicable international fishery management and trade 
        agreements.
    ``(d) Restrictions on Port Access or Use.--Action taken by the 
Secretary under subsection (c)(2) that includes measures to restrict 
use of or access to ports or port services shall apply to all ports of 
the United States and its territories.
    ``(e) Regulations.--The Secretary may promulgate regulations to 
implement subsections (c) and (d).''.
    (b) Additional Measures.--
            (1) Amendment of the high seas driftnet fishing moratorium 
        protection act.--
                    (A) Section 609(d)(3) of the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 1826j) is 
                amended--
                            (i) by striking ``101(a)'' in subparagraph 
                        (A) and inserting ``101(a)(3)'';
                            (ii) by striking ``1826a(a),'' in 
                        subparagraph (A) and inserting 
                        ``1826(a)(a)(3),''; and
                            (iii) by striking ``that has not been 
                        certified by the Secretary under this 
                        subsection, or'' in subparagraph (A)(i).
                    (B) Section 610(c)(5) of the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 
                1826k(c)(5)) is amended--
                            (i) by striking ``101(a)'' and inserting 
                        ``101(a)(3)'';
                            (ii) by striking ``1826a(a),'' and 
                        inserting ``1826(a)(a)(3),''; and
                            (iii) by striking ``that has not been 
                        certified by the Secretary under this 
                        subsection, or''.
            (2) Amendment of the high seas driftnet fisheries 
        enforcement act.--
                    (A) Section 101 of the High Seas Driftnet Fisheries 
                Enforcement Act (16 U.S.C. 1826a) is amended--
                            (i) redesignating paragraph (3) of 
                        subsection (a) as paragraph (4) and inserting 
                        after paragraph (2) the following:
    ``(3) Additional authority.--The Secretary of Treasury is 
authorized, in accordance with international law, to undertake actions 
under paragraph (2)(A) and (B) with respect to fishing vessels engaged 
in illegal, unreported, or unregulated fishing.'';
                            (ii) by striking ``or illegal, unreported, 
                        or unregulated fishing'' each place it appears 
                        in subsection (b)(1) and (2);
                            (iii) by striking ``or'' after the 
                        semicolon in subsection (b)(3)(A)(i);
                            (iv) by striking ``nation.'' in subsection 
                        (b)(3)(A)(ii) and inserting ``nation; or'';
                            (v) by adding at the end of subsection 
                        (b)(3)(A) the following:
            ``(iii) upon receipt of notification of a negative 
        certification under section 609(d)(1) or 610(c)(1) of the High 
        Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(d)(1) or 1826k(c)(1)).'';
                            (vi) by inserting ``or after issuing a 
                        negative certification under section 609(d)(1) 
                        or 610(c)(1) of the High Seas Driftnet Fishing 
                        Moratorium Protection Act (16 U.S.C. 
                        1826j(d)(1) or 1826k(c)(1),'' after ``paragraph 
                        (1),'' in subsection (b)(4)(A); and
                            (vii) by striking subsection (b)(4)(A)(i) 
                        and inserting the following:
            ``(i) any prohibition established under paragraph (3) is 
        insufficient to cause that nation to terminate large-scale 
        driftnet fishing conducted by its nationals and vessels beyond 
        the exclusive economic zone of any nation, illegal, unreported, 
        or unregulated fishing activities under section 609 of the High 
        Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j) or bycatch of a protected living marine resource under 
        section 610 of such Act (16 U.S.C. 1826k); or''.
                    (B) Section 102 of the High Seas Driftnet Fisheries 
                Enforcement Act (16 U.S.C. 1826b) is amended--
                            (i) by striking ``or illegal, unreported, 
                        or unregulated fishing''; and
                            (ii) by striking ``nation.'' and inserting 
                        ``nation, section 609 of the High Seas Driftnet 
                        Fishing Moratorium Protection Act (16 U.S.C. 
                        1826j), or bycatch of a protected living marine 
                        resource under section 610 of such Act (16 
                        U.S.C. 1826k).''.

        TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS.

SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PROGRAM.

    (a) Establishment.--
            (1) In general.--Within 12 months after the date of the 
        enactment of this Act, the Secretary shall, subject to the 
        availability of appropriations, establish an International 
        Fisheries Enforcement Program within the Office of Law 
        Enforcement of the National Marine Fisheries Service.
            (2) Purpose.--The Program shall be an interagency program 
        established and administered by the Secretary in coordination 
        with the heads of other departments and agencies for the 
        purpose of detecting and investigating illegal, unreported, or 
        unregulated fishing activity and enforcing the provisions of 
        this Act.
            (3) Staff.--The Program shall be staffed with 
        representation from the U.S. Coast Guard, U.S. Customs and 
        Border Protection, U.S. Food and Drug Administration, and any 
        other department or agency determined by the Secretary to be 
        appropriate and necessary to detect and investigate illegal, 
        unreported, or unregulated fishing activity and enforce the 
        provisions of this Act.
    (b) Program Actions.--
            (1) Staffing and other resources.--At the request of the 
        Secretary, the heads of other departments and agencies 
        providing staff for the Program shall--
                    (A) by agreement, on a reimbursable basis or 
                otherwise, participate in staffing the Program;
                    (B) by agreement, on a reimbursable basis or 
                otherwise, share personnel, services, equipment 
                (including aircraft and vessels), and facilities with 
                the Program; and
                    (C) to the extent possible, and consistent with 
                other applicable law, extend the enforcement 
                authorities provided by their enabling legislation to 
                the other departments and agencies participating in the 
                Program for the purposes of conducting joint operations 
                to detect and investigate illegal, unreported or 
                unregulated fishing activity and enforcing the 
                provisions of this Act.
            (2) Budget.--The Secretary and the heads of other 
        departments and agencies providing staff for the Program, may, 
        at their discretion, develop interagency plans and budgets and 
        engage in interagency financing for such purposes.
            (3) 5-year plan.--Within 180 days after the date on which 
        the Program is established under subsection (a), the Secretary 
        shall develop a 5-year strategic plan for guiding interagency 
        and intergovernmental international fisheries enforcement 
        efforts to carry out the provisions of this Act. The Secretary 
        shall update the plan periodically as necessary, but at least 
        once every 5 years.
            (4) Cooperative activities.--The Secretary, in coordination 
        with the heads of other departments and agencies providing 
        staff for the Program, may--
                    (A) create and participate in task forces, 
                committees, or other working groups with other Federal, 
                State or local governments as well as with the 
                governments of other nations for the purposes of 
                detecting and investigating illegal, unreported, or 
                unregulated fishing activity and carrying out the 
                provisions of this Act; and
                    (B) enter into agreements with other Federal, 
                State, or local governments as well as with the 
                governments of other nations, on a reimbursable basis 
                or otherwise, for such purposes.
    (c) Powers of Authorized Officers.--Notwithstanding any other 
provision of law, while operating under an agreement with the Secretary 
entered into under section 101 of this Act, and conducting joint 
operations as part of the Program for the purposes of detecting and 
investigating illegal, unreported or unregulated fishing activity and 
enforcing the provisions of this Act, authorized officers shall have 
the powers and authority provided in that section.
    (d) Information collection, maintenance and use.--
            (1) In general.--The Secretary and the heads of other 
        departments and agencies providing staff for the Program shall, 
        to the maximum extent allowable by law, share all applicable 
        information, intelligence and data, related to the harvest, 
        transportation or trade of fish and fish product in order to 
        detect and investigate illegal, unreported, or unregulated 
        fishing activity and to carry out the provisions of this Act.
            (2) Coordination of data.--The Secretary, through the 
        Program, shall coordinate the collection, storage, analysis, 
        and dissemination of all applicable information, intelligence, 
        and data related to the harvest, transportation, or trade of 
        fish and fish product collected or maintained by the member 
        agencies of the Program.
            (3) Confidentiality.--The Secretary, through the Program, 
        shall ensure the protection and confidentiality required by law 
        for information, intelligence, and data related to the harvest, 
        transportation, or trade of fish and fish product obtained by 
        the Program.
            (4) Data standardization.--The Secretary and the heads of 
        other departments and agencies providing staff for the Program 
        shall, to the maximum extent practicable, develop data 
        standardization for fisheries related data for Program agencies 
        and with international fisheries enforcement databases as 
        appropriate.
            (5) Assistance from intelligence community.--Upon request 
        of the Secretary, elements of the intelligence community (as 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 401a(4))) shall collect information related to 
        illegal, unreported, or unregulated fishing activity outside 
        the United States about individuals who are not United States 
        persons (as defined in section 105A(c)(2) of such Act (50 
        U.S.C. 403-5a(c)(2))). Such elements of the intelligence 
        community shall collect and share such information with the 
        Secretary through the Program for law enforcement purposes in 
        order to detect and investigate illegal, unreported, or 
        unregulated fishing activities and to carry out the provisions 
        of this Act. All collection and sharing of information shall be 
        in accordance with the National Security Act of 1947 (50 U.S.C. 
        401 et seq.).
            (6) Information sharing.--The Secretary, through the 
        Program, shall have authority to share fisheries-related data 
        with other Federal, State, and foreign governments as well as 
        international organizations or arrangements, including 
        international fishery management organizations, if--
                    (A) such governments, organizations, or 
                arrangements have policies and procedures to safeguard 
                such information from unintended or unauthorized 
                disclosure; and
                    (B) the exchange of information is necessary--
                            (i) to ensure compliance with any law or 
                        regulation enforced or administered by the 
                        Secretary;
                            (ii) to administer or enforce treaties to 
                        which the United States is a party;
                            (iii) to administer or enforce binding 
                        conservation measures adopted by any 
                        international organization or arrangement to 
                        which the United States is a party;
                            (iv) to assist in investigative, judicial, 
                        or administrative enforcement proceedings in 
                        the United States; or
                            (v) to assist in any fisheries or living 
                        marine resource related law enforcement action 
                        undertaken by a law enforcement agency of a 
                        foreign government, or in relation to a legal 
                        proceeding undertaken by a foreign government.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 to the Secretary for each of fiscal years 2010 
through 2015 to carry out this section.

SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

    (a) International Cooperation and Assistance Program.--The 
Secretary may establish an international cooperation and assistance 
program, including grants, to provide assistance for international 
capacity building efforts.
    (b) Authorized Activities.--In carrying out the program, the 
Secretary may--
            (1) provide funding and technical expertise to other 
        nations to assist them in addressing illegal, unreported, or 
        unregulated fishing activities;
            (2) provide funding and technical expertise to other 
        nations to assist them in reducing the bycatch of living marine 
        resources or promoting international marine resource 
        conservation;
            (3) provide funding, technical expertise, and training, in 
        cooperation with the International Fisheries Enforcement 
        Program under section 201 of this Act, to other nations to aid 
        them in building capacity for enhanced fisheries management, 
        fisheries monitoring, catch and trade tracking activities, 
        enforcement, and international marine resource conservation;
            (4) establish partnerships with other Federal agencies, as 
        appropriate, to ensure that fisheries development assistance to 
        other nations is directed toward projects that promote 
        sustainable fisheries management; and
            (5) conduct outreach and education efforts in order to 
        promote public and private sector awareness of international 
        fisheries sustainability issues, including the need to combat 
        illegal, unreported, or unregulated fishing activity and to 
        promote international marine resource conservation.
    (c) Guidelines.--The Secretary may establish guidelines necessary 
to implement the program.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2010 
through 2015 to carry out this section. -

                  TITLE III--MISCELLANEOUS AMENDMENTS

SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.

    (a) Elimination of Annual Report.--Section 11 of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971j) is repealed.
    (b) Certain Regulations.--Section 971d(c)(2) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971d(c)(2)) is amended--
            (1) by inserting ``(A)'' after ``(2)'';
            (2) by striking ``(A) submission'' and inserting ``the 
        presentation'';
            (3) by striking ``arguments, and (B) oral presentation at a 
        public hearing. Such'' and inserting ``written or oral 
        statements at a public hearing. After consideration of such 
        presentations, the ''; and
            (4) by adding at the end thereof the following:
    ``(B) The Secretary may issue final regulations to implement 
Commission recommendations referred to in paragraph (1) of this 
subsection concerning trade restrictive measures against nations or 
fishing entities without regard to the requirements of subparagraph (A) 
of this paragraph and subsections (b) and (c) of section 553 of title 
5, United States Code.''.

SEC. 302. DATA SHARING.

    (a) High Seas Driftnet Fishing Moratorium Protection Act.--Section 
608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826i) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Secretary,'';
            (2) by striking ``organizations'' the first place it 
        appears and inserting, ``organizations, or arrangements made 
        pursuant to an international fishery agreement (as defined in 
        section 3(24) of the Magnuson-Stevens Fishery Conservation and 
        Management Act),''; and
            (3) by adding at the end thereof the following:
    ``(b) Information Sharing.--In carrying out this section, the 
Secretary may disclose, as necessary and appropriate, information to 
the Food and Agriculture Organization of the United Nations, 
international fishery management organizations (as so defined), or 
arrangements made pursuant to an international fishery agreement, if 
such organizations or arrangements have policies and procedures to 
safeguard such information from unintended or unauthorized 
disclosure.''.
    (b) Conforming Amendment.--Section 402(b)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) 
is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (G);
            (2) by redesignating subparagraph (H) as subparagraph (I); 
        and
            (3) by inserting after subparagraph (G) the following:
            ``(H) to the Food and Agriculture Organization of the 
        United Nations, international fishery management organizations, 
        or arrangements made pursuant to an international fishery 
        agreement as provided for in the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826i(b)); or''.

SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT OF 1995.

    Section 104(f) of the High Seas Fishing Compliance Act (16 U.S.C. 
5503(f)) is amended to read as follows:
    ``(f) Validity.--A permit issued under this section is void if--
            ``(1) 1 or more permits or authorizations required for a 
        vessel to fish, in addition to a permit issued under this 
        section, expire, are revoked, or are suspended; or
            ``(2) the vessel is no longer eligible for United States 
        documentation, such documentation is revoked or denied, or the 
        vessel is deleted from such documentation.''.

SEC. 304. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC 
              FISHERIES CONVENTION IMPLEMENTATION ACT.

    Section 503 of the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6902) is amended--
            (1) by striking ``the chairman or'' in subsection (a);
            (2) by inserting `` and one of whom shall be a member of'' 
        after ``Management Council'' in subsection (a); and
            (3) redesignating subsection (f) as subsection (e).

SEC. 305. TECHNICAL CORRECTION TO THE PACIFIC WHITING ACT OF 2006.

    Section 605(a)(1) of the Pacific Whiting Act of 2006 (16 U.S.C. 
7004(a)(1)) is amended by striking ``at least 6 but not more than 12'' 
inserting ``no more than 2''.

SEC. 306. REGULATIONS UNDER THE ANTARCTIC MARINE LIVING RESOURCES 
              CONVENTION ACT OF 1984.

    Section 307 of the Antarctic Marine Living Resources Convention Act 
of 1984 (16 U.S.C. 2436)) is amended by inserting after ``title.'' the 
following: ``Notwithstanding section 553(b), (c), and (d) of title 5, 
United States Code, the Secretary of Commerce may publish in the 
Federal Register a final rule to implement conservation measures, 
described in section 305(a) of this title, that are in effect for 12 
months or less, adopted by the Commission, and not objected to by the 
United States within the time period allotted under Article IX of the 
Convention. Upon publication in the Federal Register, such conservation 
measures shall be in force with respect to the United States.''.-
                                 <all>