[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1080 Engrossed in House (EH)]

111th CONGRESS
  1st Session
                                H. R. 1080

_______________________________________________________________________

                                 AN ACT


 
 To strengthen enforcement mechanisms to stop illegal, unreported, and 
              unregulated fishing, 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.

    This Act may be cited as the ``Illegal, Unreported, and Unregulated 
Fishing Enforcement Act of 2009''.

SEC. 2. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM 
              PROTECTION ACT.

    (a) Administration and Enforcement.--Section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended 
by inserting before the first sentence the following:
    ``(a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce this 
title, and the Acts to which this section applies, in accordance with 
this section. Each such 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, and of any State agency, in the performance of such duties.
    ``(b) Acts to Which Section Applies.--This section applies to--
            ``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
        et seq.);
            ``(2) the Dolphin Protection Consumer Information Act (16 
        U.S.C. 1385);
            ``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
        seq.);
            ``(4) the North Pacific Anadromous Stocks Act of 1992 (16 
        U.S.C. 5001 et seq.);
            ``(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
        seq.);
            ``(6) the Antarctic Marine Living Resources Convention Act 
        of 1984 (16 U.S.C. 2431 et seq.);
            ``(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971 et seq.);
            ``(8) the Northwest Atlantic Fisheries Convention Act of 
        1995 (16 U.S.C. 5601 et seq.); and
            ``(9) the Western and Central Pacific Fisheries Convention 
        Implementation Act (16 U.S.C. 6901 et seq.).
    ``(c) Administration and Enforcement.--The Secretary shall prevent 
any person from violating this title, or 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 308 through 311 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858 through 1861) were incorporated into and made a part of and 
applicable to this title and each such Act.
    ``(d) Special Rules.--
            ``(1) In general.--Notwithstanding the incorporation by 
        reference of certain sections of the Magnuson-Stevens Fishery 
        Conservation and Management Act under subsection (c), 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) Additional enforcement authority.--In addition to the 
        powers of officers authorized pursuant to subsection (c), 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, or, if 
                such fish or fish product is deemed to be perishable, 
                sell and retain the proceeds therefrom for a period of 
                up to 5 days;
                    ``(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;
                    ``(E) search and seize, in accordance with any 
                guidelines that are issued by the Attorney General; and
                    ``(F) 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.
            ``(3) Disclosure of enforcement information.--The Secretary 
        may disclose, as necessary and appropriate, information, 
        including information collected under joint authority of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 
        1975 (16 U.S.C. 71 et seq.) or the Western and Central Pacific 
        Fisheries Convention Implementation Act (16 U.S.C. 6901 et 
        seq.) or other statutes implementing international fishery 
        agreements, to any other Federal or State government agency, 
        the Food and Agriculture Organization of the United Nations, 
        the secretariat or equivalent of an international fishery 
        management organization or arrangement made pursuant to an 
        international fishery agreement, or a foreign government, if--
                    ``(A) such government, organization, or arrangement 
                has policies and procedures to protect such information 
                from unintended or unauthorized disclosure; and
                    ``(B) such disclosure is necessary--
                            ``(i) to ensure compliance with any law or 
                        regulation enforced or administered by the 
                        Secretary;
                            ``(ii) to administer or enforce any 
                        international fishery agreement to which the 
                        United States is a party;
                            ``(iii) to administer or enforce a binding 
                        conservation measure adopted by any 
                        international organization or arrangement to 
                        which the United States is a party;
                            ``(iv) to assist in any investigative, 
                        judicial, or administrative enforcement 
                        proceeding in the United States; or
                            ``(v) to assist in any 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) Prohibited Acts.--It is unlawful for any person--
            ``(1) to violate any provision of this title or any 
        regulation or permit issued pursuant to this title;
            ``(2) to refuse to permit any officer authorized to enforce 
        the provisions of this title to board, search, or inspect a 
        vessel, aircraft, vehicle, or shoreside facility subject to 
        such person's control for the purposes of conducting any 
        search, investigation, or inspection in connection with the 
        enforcement of this title, any regulation promulgated under 
        this title, or any Act to which this section applies;
            ``(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 an other person, 
        knowing that such person has committed any act prohibited by 
        this section or any Act to which this section applies; or
            ``(6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                    ``(A) any observer on a vessel under this title or 
                any Act to which this section applies; or
                    ``(B) any data collector employed by the National 
                Marine Fisheries Service or under contract to any 
                person to carry out responsibilities under this title 
                or any Act to which this section applies.
    ``(f) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (e) shall be liable to the United States for 
a civil penalty, and may be subject to a permit sanction, under section 
308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858).
    ``(g) Criminal Penalty.--Any person who commits an act that is 
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is 
deemed to be guilty of an offense punishable under section 309(b) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1859(b)).
    ``(h) Utilization of Federal Agency Assets.--''.
    (b) Actions To Improve the Effectiveness of International Fishery 
Management Organizations.--Section 608 of such Act (16 U.S.C. 1826i) is 
amended by--
            (1) inserting before the first sentence the following: 
        ``(a) In General.--'';
            (2) in subsection (a) (as designated by paragraph (1) of 
        this subsection) in the first sentence, inserting ``, or 
        arrangements made pursuant to an international fishery 
        agreement,'' after ``organizations''; and
            (3) adding at the end the following new subsections:
    ``(b) Disclosure of Information.--The Secretary may disclose, as 
necessary and appropriate, information, including information collected 
under joint authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and Central 
Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et 
seq.), any other statute implementing an international fishery 
agreement, to any other Federal or State government agency, the Food 
and Agriculture Organization of the United Nations, or the secretariat 
or equivalent of an international fishery management organization or 
arrangement made pursuant to an international fishery agreement, if 
such government, organization, or arrangement, respectively, has 
policies and procedures to protect such information from unintended or 
unauthorized disclosure.
    ``(c) IUU Vessel Lists.--The Secretary may--
            ``(1) develop, maintain, and make public a list of vessels 
        and vessel owners engaged in illegal, unreported, or 
        unregulated fishing or fishing-related activities in support of 
        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, that--
                    ``(A) the United States is party to; or
                    ``(B) the United States is not party to, but whose 
                procedures and criteria in developing and maintaining a 
                list of such vessels and vessel owners are 
                substantially similar to such procedures and criteria 
                adopted pursuant to an international fishery agreement 
                to which the United States is a party; 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 agreements and 
        trade agreements.
    ``(d) Regulations.--The Secretary may promulgate regulations to 
implement this section.''.
    (c) Notification Regarding Identification of Nations.--Section 
609(b) of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
    ``(b) Notification.--The Secretary shall notify the President and 
that nation of such an identification.''.
    (d) Nations Identified Under Section 610.--Section 610(b)(1) of 
such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
            ``(1) notify, as soon as possible, the President and 
        nations that have been identified under subsection (a), and 
        also notify other nations whose vessels engage in fishing 
        activities or practices described in subsection (a), about the 
        provisions of this section and this Act;''.
    (e) Effect of Certification Under Section 609.--Section 
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by 
striking ``that has not been certified by the Secretary under this 
subsection, or''.
    (f) Effect of Certification Under Section 610.--Section 610(c)(5) 
of such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has 
not been certified by the Secretary under this subsection, or''.
    (g) Identification of Nations.--
            (1) Scope of identification for actions of fishing 
        vessels.--Section 609(a) of such Act (16 U.S.C. 1826j(a)) is 
        amended--
                    (A) in the matter preceding paragraph (1) by 
                striking ``2 years'' and inserting ``3 years'';
                    (B) in paragraph (1), by inserting ``that 
                undermines the effectiveness of measures required by an 
                international fishery management organization, taking 
                into account whether'' after ``(1)''; and
                    (C) in paragraph (1), by striking ``vessels of''.
            (2) Additional grounds for identification.--Section 609(a) 
        of such Act (16 U.S.C. 1826j(a)) is further amended--
                    (A) by redesignating paragraphs (1) and (2) in 
                order as subparagraphs (A) and (B) (and by moving the 
                margins of such subparagraphs 2 ems to the right);
                    (B) by inserting before the first sentence the 
                following:
            ``(1) Identification for actions of fishing vessels.--''; 
        and
                    (C) by adding at the end the following:
            ``(2) Identification for actions of nation.--Taking into 
        account the factors described under section 609(a)(1), the 
        Secretary shall also identify, and list in such report, a 
        nation--
                    ``(A) if it is violating, or has violated at any 
                point during the preceding three years, conservation 
                and management measures required under an international 
                fishery management agreement to which the United States 
                is a party and the violations undermine the 
                effectiveness of such measures; or
                    ``(B) if it is failing, or has failed at any point 
                during the preceding three years, to effectively 
                address or regulate illegal, unreported, or unregulated 
                fishing in areas described under paragraph (1)(B).
            ``(3) Application to other entities.--Where the provisions 
        of this Act are applicable to nations, they shall also be 
        applicable, as appropriate, to other entities that have 
        competency to enter into international fishery management 
        agreements.''.
            (3) Period of fishing practices supporting 
        identification.--Section 610(a)(1) of such Act (16 U.S.C. 
        1826k(a)(1)) is amended by striking ``calendar year'' and 
        replacing with ``three years''.
    (h) Authorization of Appropriations.--
            (1) Section 609(f) of such Act (16 U.S.C. 1826j) is amended 
        by--
                    (A) striking ``2007'' and inserting ``2010''; and
                    (B) striking ``2013'' and inserting ``2015''.
            (2) Section 610(f) of such Act (16 U.S.C. 1826k) is amended 
        by--
                    (A) striking ``2007'' and inserting ``2010''; and
                    (B) striking ``2013'' and inserting ``2015''.
    (i) Technical Corrections.--
            (1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is 
        amended by striking ``whose vessels'' and inserting ``that''.
            (2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) 
        is amended by striking ``of its fishing vessels''.
            (3) Section 609(d)(1)(A) of such Act (16 U.S.C. 
        1826j(d)(1)(A)) is amended by striking ``of its fishing 
        vessels''.
            (4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) 
        is amended--
                    (A) by striking ``for certification'' and inserting 
                ``to authorize'';
                    (B) by inserting ``the importation'' after ``or 
                other basis'';
                    (C) by striking ``harvesting''; and
                    (D) by striking ``not certified under paragraph 
                (1)'' and inserting ``issued a negative certification 
                under paragraph (1)''.
            (5) Section 610 of such Act (16 U.S.C. 1826k) is amended as 
        follows:
                    (A) In subsection (a)(1), by striking 
                ``practices;'' and inserting ``practices--''.
                    (B) In subsection (c)(1)(A), by striking ``, and 
                which, in the case of pelagic longline fishing, 
                includes mandatory use of circle hooks, careful 
                handling and release equipment, and training and 
                observer programs''.
                    (C) In subsection (c)(4), by striking all preceding 
                subparagraph (B) and inserting the following:
            ``(4) Alternative procedure.--The Secretary may establish a 
        procedure to authorize, on a shipment-by-shipment, shipper-by-
        shipper, or other basis the importation of fish or fish 
        products from a vessel of a nation issued a negative 
        certification under paragraph (1) if the Secretary determines 
        that such imports were harvested by practices that do not 
        result in bycatch of a protected marine species, or were 
        harvested by practices that--
                    ``(A) are comparable to those of the United States, 
                taking into account different conditions; and''.

SEC. 3. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT.

    (a) Negative Certification Effects.--Section 101 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
            (1) in subsection (a)(2), by striking ``recognized 
        principles of'' after ``in accordance with'';
            (2) in subsection (a)(2)(A), by inserting ``or, as 
        appropriate, for fishing vessels of a nation that receives a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826)'' after ``(1)'';
            (3) in subsection (a)(2)(B), by inserting before the period 
        the following: ``, except for the purposes of inspecting such 
        vessel, conducting an investigation, or taking other 
        appropriate enforcement action'';
            (4) in subsection (b)(1)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet 
        fishing'';
            (5) in subsection (b)(1)(B) and subsection (b)(2), by 
        striking ``or illegal, unreported, or unregulated fishing'' 
        after ``driftnet fishing'' each place it appears;
            (6) in subsection (b)(3)(A)(i), by inserting ``or a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826j(d), 1826k(c))'' after ``(1)(A)'';
            (7) in subsection (b)(4)(A), by inserting ``or issues a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
            (8) in subsection (b)(4)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet 
        fishing''; and
            (9) in subsection (b)(4)(A)(i), by inserting ``, or to 
        address the offending activities for which a nation received a 
        negative certification under section 609(d) or 610(c) of the 
        High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(d), 1826k(c))'' after ``beyond the exclusive economic 
        zone of any nation''.
    (b) Duration of Negative Certification Effects.--Section 102 of 
such Act (16 U.S.C. 1826b) is amended by--
            (1) striking ``or illegal, unreported, or unregulated 
        fishing''; and
            (2) inserting ``or effectively addressed the offending 
        activities for which the nation received a negative 
        certification under 609(d) or 610(c) of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 
        1826k(c))'' before the period at the end.

SEC. 4. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF 1950.

    Section 8 of the Tuna Conventions Act of 1950 (16 U.S.C. 957) is 
amended--
            (1) in subsection (a) by striking ``knowingly'';
            (2) by striking subsections (d) through (g) and inserting 
        the following:
    ``(d) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''; and
            (3) by redesignating subsection (h) as subsection (e).

SEC. 5. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.

    (a) Unlawful Activities.--Section 810 of the North Pacific 
Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
            (1) in paragraph (5), by inserting ``, investigation,'' 
        after ``search''; and
            (2) in paragraph (6), by inserting ``, investigation,'' 
        after ``search''.
    (b) Additional Prohibitions 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. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

    ``For additional prohibitions relating to this Act and enforcement 
of this Act, see section 606 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826g).''.

SEC. 6. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.

    Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) 
is amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``, investigation,'' after 
                ``search''; and
                    (B) by striking ``this title;'' and inserting 
                ``this Act;'';
            (2) in subsection (a)(3)--
                    (A) by inserting ``, investigation,'' after 
                ``search''; and
                    (B) by striking ``subparagraph (2) ;'' and 
                inserting ``paragraph (2);'';
            (3) in subsection (a)(5), by striking ``this title; or'' 
        and inserting ``this Act;'';
            (4) by striking subsections (b) through (f) and inserting 
        the following:
    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 7. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES 
              CONVENTION IMPLEMENTATION ACT.

    The Western and Central Pacific Fisheries Convention Implementation 
Act (title V of Public Law 109-479) is amended--
            (1) in section 503(a) (16 U.S.C. 6902(a)), by striking 
        ``one of whom shall be the chairman or a member of the Western 
        Pacific Fishery Management Council and the Pacific Fishery 
        Management Council'' and inserting ``one of whom shall be a 
        member of the Western Pacific Fishery Management Council, and 
        one of whom shall be a member of the Pacific Fishery Management 
        Council'';
            (2) in section 503(c)(1) (16 U.S.C. 6902(c)(1)), by 
        striking ``shall be considered to be Federal employees'' and 
        all that follows through the end of the sentence and inserting 
        ``shall not be considered Federal employees except for purposes 
        of injury compensation and tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 171 of 
        title 28, United States Code.'';
            (3) in section 503(d)(2)(B) (16 U.S.C. 6902(d)(2)(B)), by 
        amending clause (ii) to read as follows:
                            ``(ii) shall not be considered Federal 
                        employees while performing service except for 
                        the purposes of injury compensation and tort 
                        claims liability as provided in chapter 81 of 
                        title 5, United States Code, and chapter 171 of 
                        title 28, United States Code.'';
            (4) by amending section 506(c) (16 U.S.C. 6905(c)) to read 
        as follows:
    ``(c) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''; and
            (5) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
        ``suspension, on'' and inserting ``suspension, of''.

SEC. 8. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT OF 1988.

    The South Pacific Tuna Act of 1988 is amended--
            (1) in section 5(a) (16 U.S.C. 973c(a))--
                    (A) in paragraph (8), by inserting ``, 
                investigation,'' after ``search''; and
                    (B) in paragraph (10), by inserting ``, 
                investigation,'' after ``search''; and
            (2) by striking sections 7 and 8 (16 U.S.C. 973e and 973f) 
        and inserting the following:

``SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

    ``For additional prohibitions relating to this Act and enforcement 
of this Act, see section 606 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826g).''.

SEC. 9. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES CONVENTION 
              ACT.

    The Antarctic Marine Living Resources Convention Act of 1984 is 
amended--
            (1) in section 306 (16 U.S.C. 2435)--
                    (A) in paragraph (3), by striking ``which he knows, 
                or reasonably should have known, was'';
                    (B) in paragraph (4), by inserting ``, 
                investigation,'' after ``search''; and
                    (C) in paragraph (5), by inserting ``, 
                investigation,'' after ``search'';
            (2) in section 307 (16 U.S.C. 2436)--
                    (A) by inserting ``(a) In General.--'' before the 
                first sentence; and
                    (B) by adding at the end the following:
    ``(b) Regulations To Implement Conservation Measures.--
            ``(1) In general.--Notwithstanding 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 regulation to implement any conservation measure for 
        which the Secretary of State notifies the Commission under 
        section 305(a)(1)--
                    ``(A) that has been in effect for 12 months or 
                less;
                    ``(B) that is adopted by the Commission; and
                    ``(C) with respect to which the Secretary of State 
                does not notify Commission in accordance with section 
                305(a)(1) within the time period allotted for 
                objections under Article IX of the Convention.
            ``(2) Entering into force.--Upon publication of such 
        regulation in the Federal Register, such conservation measure 
        shall enter into force with respect to the United States.''; 
        and
            (3) by striking sections 308 and 309 (16 U.S.C. 2437 and 
        2438) and inserting the following:

``SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

    ``For additional prohibitions relating to this Act and enforcement 
of this Act, see section 606 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826g).''.

SEC. 10. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.

    The Atlantic Tunas Convention Act of 1975 is amended--
            (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
                    (A) by striking ``(A)'' and inserting ``(i)'';
                    (B) by striking ``(B)'' and inserting ``(ii)'';
                    (C) by inserting ``(A)'' after ``(2)''; and
                    (D) by adding at the end the following:
    ``(B) Notwithstanding the requirements of subparagraph (A) and 
subsections (b) and (c) of section 553 of title 5, United States Code, 
the Secretary may issue final regulations to implement Commission 
recommendations referred to in paragraph (1) concerning trade 
restrictive measures against nations or fishing entities.'';
            (2) in section 7 (16 U.S.C. 971e) by striking subsections 
        (e) and (f) and redesignating subsection (g) as subsection (e);
            (3) in section 8 (16 U.S.C. 971f)--
                    (A) by striking subsections (a) and (c); and
                    (B) by inserting before subsection (b) the 
                following:
    ``(a) For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
            (4) in section 8(b) by striking ``the enforcement 
        activities specified in section 8(a) of this Act'' each place 
        it appears and inserting ``enforcement activities with respect 
        to this Act that are otherwise authorized by law''; and
            (5) by striking section 11 (16 U.S.C. 971j) and 
        redesignating sections 12 and 13 as sections 11 and 12, 
        respectively.

SEC. 11. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 1965.

    Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 
U.S.C. 5503(f)) is amended to read as follows:
    ``(f) Validity.--A permit issued under this section for a vessel is 
void if--
            ``(1) any other permit or authorization required for the 
        vessel to fish is expired, revoked, or suspended; or
            ``(2) the vessel is no longer documented under the laws of 
        the United States or eligible for such documentation.''.

SEC. 12. AMENDMENTS TO THE PACIFIC WHITING ACT OF 2006.

    (a) Scientific Experts on Joint Technical Committee.--Section 
605(a)(1) of the Pacific Whiting Act of 2006 (16 U.S.C. 7004)(a)(1)) is 
amended to read as follows:
            ``(1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall appoint no more than two individuals 
        to serve as scientific experts on the joint technical 
        committee, at least one of whom shall be an official of the 
        National Oceanic and Atmospheric Administration.''; and
    (b) Treatment as Federal Employees.--Section 609(a) of the Pacific 
Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended by striking ``shall 
be considered to be Federal employees while performing such service, 
only for purposes of--'' and all that follows and inserting ``shall not 
be considered Federal employees while performing such service, except 
for purposes of injury compensation or tort claims liability as 
provided in chapter 81 of title 5, United States Code, and chapter 171 
of title 28, United States Code.''.

SEC. 13. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION ACT.

    The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is 
amended by amending subsection (e) to read as follows:
    ``(e) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 14. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.

    (a) Prohibited Acts.--Section 7 of the Northern Pacific Halibut Act 
of 1982 (16 U.S.C. 773e) is amended--
            (1) in paragraph (a) by redesignating subparagraphs (1) 
        through (6) as subparagraphs (A) through (F);
            (2) by redesignating paragraphs (a) and (b) as paragraphs 
        (1) and (2), respectively;
            (3) by in paragraph (1)(B), as so redesignated, by 
        inserting ``, investigation,'' before ``or inspection'';
            (4) by in paragraph (1)(C), as so redesignated, by 
        inserting ``, investigation,'' before ``or inspection'';
            (5) in paragraph (1)(E), as so redesignated, by striking 
        ``or'' after the semicolon; and
            (6) in paragraph (1)(F), as so redesignated, by striking 
        ``section.'' and inserting ``section; or''.
    (b) Enforcement Powers.--Section 11 of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773i) is amended by adding at the end the 
following:
    ``(g) In addition to the powers of officers authorized pursuant to 
subsection (b), any officer who is authorized by the Secretary, or by 
the head of any Federal or State agency that has entered into an 
agreement with the Secretary under subsection (a), to enforce the 
Convention, this Act, or any regulation adopted under this Act, may--
            ``(1) 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;
            ``(2) inspect records pertaining to the storage, 
        processing, transport, or trade of fish or fish products; and
            ``(3) 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, or, if such fish or fish product is deemed to be 
        perishable, sell and retain the proceeds therefrom for a period 
        of up to 5 days.''.

SEC. 15. AMENDMENTS TO THE 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) in the section heading, by striking ``and penalties'' 
        and inserting ``and enforcement'';
            (2) in subsection (a)(2), by inserting ``, investigation,'' 
        before ``or inspection'';
            (3) in subsection (a)(3), by inserting ``, investigation,'' 
        before ``or inspection''; and
            (4) by striking subsections (b) through (f) and inserting 
        the following:
    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 16. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before 
the semicolon the following: ``or any treaty or in contravention of any 
binding conservation measure adopted by an international agreement or 
organization to which the United States is a party''.

SEC. 17. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

    (a) International Cooperation and Assistance Program.--The 
Secretary of Commerce, acting through the National Marine Fisheries 
Service, may establish an international cooperation and assistance 
program, including grants, to provide assistance for sustainable 
fishery management 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 loss and environmental 
        impacts of derelict fishing gear, reducing the bycatch of 
        living marine resources, and promoting international marine 
        resource conservation;
            (3) provide funding, technical expertise, and training 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 or 
        non-governmental organizations, as appropriate, to ensure that 
        fisheries development assistance to other nations is directed 
        toward projects that promote sustainable fisheries; 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 is authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2010 
through 2015 to carry out this section.

            Passed the House of Representatives September 22, 2009.

            Attest:

                                                                 Clerk.
111th CONGRESS

  1st Session

                               H. R. 1080

_______________________________________________________________________

                                 AN ACT

 To strengthen enforcement mechanisms to stop illegal, unreported, and 
              unregulated fishing, and for other purposes.