[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1080 Reported in House (RH)]
Union Calendar No. 126
111th CONGRESS
1st Session
H. R. 1080
[Report No. 111-228]
To strengthen enforcement mechanisms to stop illegal, unreported, and
unregulated fishing, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 13, 2009
Ms. Bordallo (for herself, Mr. Abercrombie, Mr. Faleomavaega, Mr. Farr,
Mrs. Christensen, and Mr. Sablan) introduced the following bill; which
was referred to the Committee on Natural Resources
July 24, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 13, 2009]
_______________________________________________________________________
A BILL
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.
Union Calendar No. 126
111th CONGRESS
1st Session
H. R. 1080
[Report No. 111-228]
_______________________________________________________________________
A BILL
To strengthen enforcement mechanisms to stop illegal, unreported, and
unregulated fishing, and for other purposes.
_______________________________________________________________________
July 24, 2009
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed