[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 269 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 269

To establish uniform administrative and enforcement authorities 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

                           February 11, 2013

 Mr. Rockefeller (for himself, Mr. Begich, Ms. Murkowski, Mr. Schatz, 
 Ms. Cantwell, Mr. Whitehouse, Mr. Wyden, Ms. Hirono, Mr. Merkley, and 
  Mr. Nelson) 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 authorities 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 of 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 of Commerce to enforce statutes.
Sec. 102. Conforming, minor, and technical amendments.
Sec. 103. Illegal, unreported, or unregulated fishing.
Sec. 104. Liability.
         TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

Sec. 201. International fisheries enforcement.
Sec. 202. International cooperation and assistance.
                  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. Committee on scientific cooperation for Pacific salmon 
                            agreement.
           TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

Sec. 401. Short title; references to the Tuna Conventions Act of 1950.
Sec. 402. Definitions.
Sec. 403. Commissioners; number, appointment, and qualifications.
Sec. 404. General advisory committee and scientific advisory 
                            subcommittee.
Sec. 405. Rulemaking.
Sec. 406. Prohibited acts.
Sec. 407. Enforcement.
Sec. 408. Reduction of bycatch.
Sec. 409. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

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

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

    (a) In General.--
            (1) Enforcement.--The Secretary of Commerce and the 
        Secretary of the department in which the Coast Guard is 
        operating shall enforce the Acts to which this section applies 
        in accordance with the provisions of this section.
            (2) Nondepartmental resources.--The Secretary of Commerce 
        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) Application.--This section applies to--
                    (A) the High Seas Driftnet Fishing Moratorium 
                Protection Act (16 U.S.C. 1826d et seq.);
                    (B) the Pacific Salmon Treaty Act of 1985 (16 
                U.S.C. 3631 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 Pacific 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) the Antigua Convention Implementing Act of 
                2013; and
                    (M) any other Act in pari materia, so designated by 
                the Secretary after notice and an opportunity for a 
                hearing.
    (b) Administration and Enforcement.--The Secretary of Commerce 
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 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 each such 
Act. Except as provided in subsection (c), any person that violates any 
Act to which this section applies shall be 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 308 through 311 of that Act (16 U.S.C. 1858 through 1861) 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) 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 14 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 14 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 which may be 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) Information collection, maintenance and use.--
                    (A) In general.--The Secretary of Commerce and the 
                head of each department and agency providing personnel 
                for the task force under section 201, to the maximum 
                extent permissible under law, shall share all 
                applicable information, intelligence, and data, related 
                to the harvest, transportation, or trade of fish and 
                fish product for the purposes under section 201(a)(2).
                    (B) Coordination of data.--The Secretary of 
                Commerce, through the task force under section 201, 
                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 a member agency of the task 
                force.
                    (C) Confidentiality.--The Secretary of Commerce, 
                through the task force under section 201, 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 task force.
                    (D) Data standardization.--The Secretary of 
                Commerce and the head of each department and agency 
                providing personnel for the task force, to the maximum 
                extent practicable, shall develop data standardization 
                for fisheries related data for each member agency of 
                the task force under section 201 and with international 
                fisheries enforcement databases as appropriate.
                    (E) Assistance from intelligence community.--Upon 
                request of the Secretary of Commerce, 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 task force 
                under section 201 of this Act 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.).
                    (F) Information sharing.--
                            (i) In general.--Subject to clause (ii), 
                        the Secretary of Commerce, through the task 
                        force under section 201, shall have authority 
                        to share fisheries-related data with--
                                    (I) other Federal or State 
                                government agencies;
                                    (II) foreign governments;
                                    (III) the Food and Agriculture 
                                Organization formed at Quebec, Canada, 
                                on October 16, 1945; or
                                    (IV) the secretariat or equivalent 
                                of an international fisheries 
                                management organization or arrangement 
                                made pursuant to an international 
                                fishery agreement.
                            (ii) Limitations.--An entity listed under 
                        clause (i) may receive data under this 
                        subparagraph if--
                                    (I) the entity has policies and 
                                procedures to safeguard such data from 
                                unintended or unauthorized disclosure; 
                                and
                                    (II) the exchange of information is 
                                necessary--
                                            (aa) to ensure compliance 
                                        with any law (including 
                                        regulations) enforced or 
                                        administered by the Secretary 
                                        of Commerce;
                                            (bb) to administer or 
                                        enforce treaties to which the 
                                        United States is a party;
                                            (cc) to administer or 
                                        enforce binding conservation 
                                        measures adopted by any 
                                        international organization or 
                                        arrangement to which the United 
                                        States is a party;
                                            (dd) to assist in 
                                        investigative, judicial, or 
                                        administrative enforcement 
                                        proceedings in the United 
                                        States; or
                                            (ee) 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.
    (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.--For purposes of this section and each Act to 
which this section applies, 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 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 section or any Act to which 
        this section applies, 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 treaty or binding conservation measure adopted pursuant to 
        an international agreement or organization to which the United 
        States is a party; or
            (8) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        (including false identification of the species, harvesting 
        vessel or nation, or the location where harvested) 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 of Commerce 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.--
            (1) Section 606 of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826g) is amended--
                    (A) by inserting ``(a) Detecting, Monitoring, and 
                Preventing Violations.--'' before ``The President''; 
                and
                    (B) by adding at the end the following:
    ``(b) Enforcement.--This Act shall be enforced under section 101 of 
the International Fisheries Stewardship and Enforcement Act.''.
            (2) Section 607(2) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826h(2)) is amended by 
        striking ``whose vessels'' and inserting ``that''.
            (3) Section 609(a) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended to 
        read as follows:
    ``(a) Identification.--
            ``(1) In general.--The Secretary shall identify, and list 
        in the report under section 607, a nation if that nation is 
        engaged, or has been engaged at any time during the preceding 3 
        years, in illegal, unreported, or unregulated fishing and--
                    ``(A) such fishing undermines the effectiveness of 
                measures required under the relevant international 
                fishery management organization;
                    ``(B) the relevant international fishery management 
                organization has failed to implement effective measures 
                to end the illegal, unreported, or unregulated fishing 
                activity by vessels of that nation, or the nation is 
                not a party to, or does not maintain cooperating status 
                with, such organization; or
                    ``(C) there is no international fishery management 
                organization with a mandate to regulate the fishing 
                activity in question.
            ``(2) Other identifying activities.--The Secretary shall 
        also identify, and list in the report under section 607, a 
        nation if--
                    ``(A) it is violating, or has violated at any time 
                during the preceding 3 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, taking into account the 
                factors described in paragraph (1); or
                    ``(B) it is failing, or has failed at any time 
                during the preceding 3 years, to effectively address or 
                regulate illegal, unreported, or unregulated fishing.
            ``(3) Treatment of certain entities as if they were 
        nations.--Where the provisions of this Act apply to the act, or 
        failure to act, of a nation, they shall also be applicable, as 
        appropriate, to any other entity that is competent to enter 
        into an international fishery management agreement.''.
            (4) Section 609(d)(1) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j(d)(1)) is amended by 
        striking ``of its fishing vessels'' each place it appears.
            (5) Section 609(d)(2) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j(d)(2)) is amended--
                    (A) by striking ``procedure for certification,'' 
                and inserting ``procedure,'';
                    (B) by striking ``basis of fish'' and inserting 
                ``basis, for allowing importation of fish''; and
                    (C) by striking ``harvesting nation not certified 
                under paragraph (1)'' and inserting ``nation issued a 
                negative certification under paragraph (1)''.
            (6) Section 610(a)(1) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is amended--
                    (A) by striking ``calendar year'' and inserting ``3 
                years''; and
                    (B) by striking ``practices;'' and inserting 
                ``practices--''.
    (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) 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 
        an authorized officer in the conduct of any search, 
        investigation or inspection under this Act.'' and
            (2) by amending subsection (e) to read as follows:
    ``(e) Enforcement.--This Act shall be enforced under section 101 of 
the International Fisheries Stewardship and Enforcement Act.''.
    (c) North Pacific Anadromous Stocks Act of 1992.--
            (1) Unlawful activities.--Section 810 of the North Pacific 
        Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
                    (A) by striking ``purchases'' in paragraph (5) and 
                inserting ``purposes'';
                    (B) by striking ``search or inspection'' in 
                paragraph (5) and inserting ``search, investigation, or 
                inspection''; and
                    (C) by striking ``search or inspection'' in 
                paragraph (6) and inserting ``search, investigation, or 
                inspection''.
            (2) Administration and enforcement.--Section 811 of the 
        North 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.''.
    (d) Pacific Salmon Treaty Act of 1985.--
            (1) Section 8 of the Pacific Salmon Treaty Act of 1985 (16 
        U.S.C. 3637) is amended--
                    (A) in subsection (a)--
                            (i) by striking ``search or inspection'' in 
                        paragraph (2) and inserting ``search, 
                        investigation, or inspection''; and
                            (ii) by striking ``search or inspection'' 
                        in paragraph (3) and inserting ``search, 
                        investigation, or inspection''; and
                    (B) by striking subsections (b) through (f) and 
                inserting the following:
    ``(b) Administration and Enforcement.--This Act shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
            (2) Section 16(d)(2)(A) of the Pacific Salmon Treaty Act of 
        1985 (16 U.S.C. 3645(d)(2)(A)) is amended by striking ``and'' 
        between ``2002,'' and ``2003''.
    (e) 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 ``a search or inspection'' in 
                paragraph (8) and inserting ``any search, 
                investigation, or inspection''; and
                    (B) by striking ``a search or inspection'' in 
                paragraph (10)(A) and inserting ``any search, 
                investigation, or inspection''.
            (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.''.
    (f) 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) in paragraph (3), by striking ``which he knows, 
                or reasonably should have known, was'';
                    (B) in paragraph (4), by striking ``search or 
                inspection'' and inserting ``search, investigation, or 
                inspection''; and
                    (C) in paragraph (5), by striking ``search or 
                inspection'' and inserting ``search, investigation, or 
                inspection''.
            (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); and
                    (B) in section 310 (16 U.S.C. 2439)--
                            (i) by striking subsections (b), (c), and 
                        (d);
                            (ii) by redesignating subsection (e) as 
                        subsection (c); and
                            (iii) 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.''.
    (g) 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
                    (B) by redesignating subsection (g) as subsection 
                (e).
            (2) Enforcement.--Section 8 of the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 971f) is amended--
                    (A) by striking subsections (a) and (c);
                    (B) by striking ``(b) International Enforcement.--
                '' in subsection (b) and inserting ``This Act shall be 
                enforced under section 101 of the International 
                Fisheries Stewardship and Enforcement Act.''; and
                    (C) by striking ``shall have the authority to carry 
                out the enforcement activities specified in section 
                8(a) of this Act'' each place it appears and inserting 
                ``shall enforce this Act''.
    (h) 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)--
                    (A) by striking ``search or inspection'' in 
                paragraph (2) and inserting ``search, investigation, or 
                inspection''; and
                    (B) by striking ``search or inspection'' in 
                paragraph (3) and inserting ``search, investigation, or 
                inspection''; and
            (3) by striking subsections (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.''.
    (i) Western and Central Pacific Fisheries Convention Implementation 
Act.--
            (1) Administration 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)(2) of the Western and 
        Central Pacific Fisheries Convention Implementation Act (16 
        U.S.C. 6906(a)(2)) is amended by striking ``suspension, on'' 
        and inserting ``suspension of''.
    (j) 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 paragraphs (1) through (6) of 
                subsection (a), as subparagraphs (A) through (F), 
                respectively;
                    (B) by redesignating subsections (a) and (b) as 
                paragraphs (1) and (2), respectively;
                    (C) in paragraph (1)(B), as redesignated, by 
                striking ``search or inspection'' and inserting 
                ``search, investigation, or inspection''; and
                    (D) in paragraph (1)(C), as redesignated, by 
                striking ``search or inspection described in paragraph 
                (2)'' and inserting ``search, investigation, or 
                inspection described in subparagraph (B)''.
            (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) Amendment of the High Seas Driftnet Fishing Moratorium 
Protection Act.--
            (1) Section 608 of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826i), as amended by 
        section 302(a) of this Act, is further amended by adding at the 
        end 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;
            ``(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; and
            ``(3) provide notification to the public of vessels and 
        vessel owners identified by international fishery management 
        organizations or arrangements made pursuant to an international 
        fishery agreement as having been engaged in illegal, 
        unreported, or unregulated fishing, as well as any measures 
        adopted by such organizations or arrangements to address 
        illegal, unreported, or unregulated fishing.
    ``(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).''.
            (2) Section 609 of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j) is amended--
                    (A) in subsection (d)(3)(A)(i), by striking ``that 
                has not been certified by the Secretary under this 
                subsection, or''; and
                    (B) in subsection (e)(3)--
                            (i) by striking ``and'' at the end of 
                        subparagraph (B);
                            (ii) by striking ``agreement.'' and 
                        inserting ``agreement; and''; and
                            (iii) by adding at the end the following:
                    ``(D) to the extent possible--
                            ``(i) fishing activities conducted in 
                        waters under the jurisdiction of a nation 
                        without permission of that nation; and
                            ``(ii) fishing activities conducted in 
                        contravention of a nation's laws (including 
                        regulations), including fishing activity that 
                        has not been reported or that has been 
                        misreported to the relevant national authority 
                        of a nation in contravention of that nation's 
                        laws (including regulations).''.
            (3) Section 610(c)(5) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is amended by 
        striking ``that has not been certified by the Secretary under 
        this subsection, or''.
    (b) Amendment of the High Seas Driftnet Fisheries Enforcement 
Act.--
            (1) Section 101 of the High Seas Driftnet Fisheries 
        Enforcement Act (16 U.S.C. 1826a) is amended--
                    (A) in subsection (a), by striking paragraph (2) 
                and inserting the following:
            ``(2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with recognized principles of 
        international law--
                    ``(A) withhold or revoke the clearance required by 
                section 60105 of title 46, United States Code, for--
                            ``(i) any large-scale driftnet fishing 
                        vessel that is documented under the law of the 
                        United States or of a nation included on a list 
                        published under paragraph (1); or
                            ``(ii) any fishing vessel of a nation that 
                        receives 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) or 1826k(c)); and
                    ``(B) deny entry of that vessel to any place in the 
                United States and to the navigable waters of the United 
                States, except for the purpose of inspecting the 
                vessel, conducting an investigation, or taking other 
                appropriate enforcement action.''; and
                    (B) in subsection (b)--
                            (i) by striking ``or illegal, unreported, 
                        or unregulated fishing'' each place it appears 
                        in paragraphs (1) and (2);
                            (ii) by striking paragraph (3)(A) and 
                        inserting the following:
                    ``(A) Prohibition.--The President shall direct the 
                Secretary of the Treasury to prohibit the importation 
                into the United States of fish and fish products and 
                sport fishing equipment (as that term is defined in 
                section 4162 of the Internal Revenue Code of 1986 (26 
                U.S.C. 4162)) from a nation--
                            ``(i) upon receipt of notification of the 
                        identification of the nation under paragraph 
                        (1)(A);
                            ``(ii) if the consultations with the 
                        government of the nation under paragraph (2) 
                        are not satisfactorily concluded within ninety 
                        days; or
                            ``(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) and 1826k(c)(1)).'';
                            (iii) 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) and 1826k(c)(1)),'' after 
                        ``paragraph (1),'' in paragraph (4)(A); and
                            (iv) by striking paragraph (4)(A)(i) and 
                        inserting the following:
                            ``(i) any prohibition established under 
                        paragraph (3) is insufficient to cause that 
                        nation--
                                    ``(I) to terminate large-scale 
                                driftnet fishing conducted by its 
                                nationals and vessels beyond the 
                                exclusive economic zone of any nation;
                                    ``(II) to address illegal, 
                                unreported, or unregulated fishing 
                                activities for which a nation has been 
                                identified under section 609 of the 
                                High Seas Driftnet Fishing Moratorium 
                                Protection Act (16 U.S.C. 1826j); or
                                    ``(III) to address bycatch of a 
                                protected living marine resource for 
                                which a nation has been identified 
                                under section 610 of such Act (16 
                                U.S.C. 1826k); or''.
            (2) Section 102 of the High Seas Driftnet Fisheries 
        Enforcement Act (16 U.S.C. 1826b) is amended by striking ``such 
        nation has terminated large-scale driftnet fishing or illegal, 
        unreported, or unregulated fishing by its nationals and vessels 
        beyond the exclusive economic zone of any nation.'' and 
        inserting ``such nation--
            ``(1) has terminated large-scale driftnet fishing by its 
        nationals and vessels beyond the exclusive economic zone of any 
        nation;
            ``(2) has addressed illegal, unreported, or unregulated 
        fishing activities for which a nation has been identified under 
        section 609 of the High Seas Driftnet Fishing Moratorium 
        Protection Act (16 U.S.C. 1826j); or
            ``(3) has addressed bycatch of a protected living marine 
        resource for which a nation has been identified under section 
        610 of the High Seas Driftnet Fishing Moratorium Protection Act 
        (16 U.S.C. 1826k).''.

SEC. 104. LIABILITY.

    Any claims arising from the actions of any officer, authorized by 
the Secretary of Commerce or the Secretary of the department in which 
the Coast Guard is operating to enforce the provisions of this Act or 
any Act to which this Act applies, taken pursuant to any scheme for at-
sea boarding and inspection authorized under any international 
agreement to which the United States is a party may be pursued under 
chapter 171 of title 28, United States Code, or such other legal 
authority as may be pertinent.

         TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT.

    (a) Establishment of International Fisheries Enforcement Task 
Force.--
            (1) In general.--Not later than 12 months after the date of 
        enactment of this Act, the Secretary of Commerce shall 
        establish, through the National Marine Fisheries Service's 
        international enforcement program, an interagency International 
        Fisheries Enforcement Task Force.
            (2) Purposes.--The purposes of the task force shall be--
                    (A) to detect and investigate illegal, unreported, 
                or unregulated fishing activity and trafficking in the 
                resulting fish or fish product; and
                    (B) to enforce the provisions of this Act or any 
                Act to which section 101 applies.
            (3) Membership.--The task force shall include permanent 
        representation from--
                    (A) the National Marine Fisheries Service's 
                international enforcement program;
                    (B) the U.S. Coast Guard;
                    (C) U.S. Customs and Border Protection;
                    (D) the U.S. Food and Drug Administration; and
                    (E) such other Federal agencies as the Secretary 
                considers appropriate and necessary to carry out the 
                purposes under paragraph (2).
    (b) Task Force Organization.--
            (1) Staffing and other resources.--The Secretary of 
        Commerce and the head of each department and agency identified 
        under subsection (a)(3) shall--
                    (A) by agreement, on a reimbursable basis or 
                otherwise, provide permanent representation to the task 
                force;
                    (B) by agreement, on a reimbursable basis or 
                otherwise, share personnel, services, equipment 
                (including aircraft and vessels), and facilities with 
                the task force for the purposes under subsection 
                (a)(2); and
                    (C) to the extent possible, and consistent with 
                other applicable law, extend the authorities provided 
                under their enabling legislation to the other 
                departments and agencies participating in the task 
                force.
            (2) Budget.--The Secretary of Commerce and the head of each 
        department and agency providing personnel for the task force, 
        at their discretion, may develop interagency plans and budgets 
        and engage in interagency financing for such purposes.
            (3) 5-year strategic plan.--Not later than 180 days after 
        the date on which the task force is established under 
        subsection (a), the Secretary of Commerce 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 head of each department and agency providing personnel 
        for the task force--
                    (A) may conduct one or more joint operations for 
                the purposes under subsection (a)(2);
                    (B) shall, to the maximum extent permissible under 
                law, create and participate in committees or other 
                working groups with other Federal, State, or local 
                governments, and with the governments of other nations 
                for the purposes under subsection (a)(2);
                    (C) may enter into agreements with other Federal, 
                State, or local governments, and with the governments 
                of other nations, on a reimbursable basis or otherwise, 
                for the purposes under subsection (a)(2).
    (c) Powers of Authorized Officers.--Notwithstanding any other 
provision of law, while operating under an agreement with the Secretary 
of Commerce entered into under section 101, or while conducting a joint 
operation under subsection (b)(4) of this section, each authorized 
officer shall have the powers and authority provided in section 101.

SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE.

    (a) International Cooperation and Assistance.--The Secretary of 
Commerce may provide international cooperation and assistance for 
international capacity building efforts.
    (b) Authorized Activities.--In carrying out this section, the 
Secretary may--
            (1) provide technical expertise to other nations to assist 
        them in addressing illegal, unreported, or unregulated fishing 
        activities;
            (2) provide technical expertise to other nations to assist 
        them in reducing the loss and environmental impacts of derelict 
        fishing gears, reducing the bycatch of living marine resources, 
        and promoting international marine resource conservation;
            (3) provide technical expertise, and training, in 
        cooperation with the International Fisheries Enforcement Task 
        Force 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 efforts 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 as 
necessary to implement this section.

                  TITLE III--MISCELLANEOUS AMENDMENTS

SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.

    Section 6 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 (16 U.S.C. 1802(24))),'';
            (3) by striking ``and'' after the semicolon in paragraph 
        (3);
            (4) by striking ``territories.'' in paragraph (4) and 
        inserting ``territories; and''; and
            (5) by adding at the end thereof the following:
            ``(5) urging other nations, through the regional fishery 
        management organizations of which the United States is a 
        member, bilaterally and otherwise to seek and foster the 
        sharing of accurate, relevant, and timely information--
                    ``(A) to improve the scientific understanding of 
                marine ecosystems;
                    ``(B) to improve fisheries management decisions;
                    ``(C) to promote the conservation of protected 
                living marine resources;
                    ``(D) to combat illegal, unreported, and 
                unregulated fishing; and
                    ``(E) to improve compliance with conservation and 
                management measures in international waters.
    ``(b) Information Sharing.--In carrying out this section, the 
Secretary may disclose, as necessary and appropriate, information to 
the Food and Agriculture Organization formed at Quebec, Canada, on 
October 16, 1945, international fishery management organizations, 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 (J); 
        and
            (3) by inserting after subparagraph (G) the following:
                    ``(H) to the Food and Agriculture Organization 
                formed at Quebec, Canada, on October 16, 1945, 
                international fishery management organizations, or 
                arrangements made pursuant to an international fishery 
                agreement as provided under section 608(b) of the High 
                Seas Driftnet Fishing Moratorium Protection Act (16 
                U.S.C. 1826i(b));
                    ``(I) to any other Federal or State government 
                agency, foreign government, the Food and Agriculture 
                Organization formed at Quebec, Canada, on October 16, 
                1945, or the secretariat or equivalent of an 
                international fisheries management organization or 
                arrangement made pursuant to an international fishery 
                agreement, as provided under section 101(c)(9) of the 
                International Fisheries Stewardship and Enforcement 
                Act; 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. COMMITTEE ON SCIENTIFIC COOPERATION FOR PACIFIC SALMON 
              AGREEMENT.

    Section 11 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
3640) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively;
            (2) by inserting after subsection (b) the following:
    ``(c) Compensation of Committee on Scientific Cooperation 
Members.--Members of the Committee on Scientific Cooperation who are 
not State or Federal employees shall receive compensation at a rate 
equivalent to the rate payable for level IV of the Executive Schedule 
under section 5315 of title 5, United States Code, when engaged in 
actual performance of duties for the Commission.''; and
            (3) by striking ``71'' in subsection (e), as redesignated, 
        and inserting ``171''.

           TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

SEC. 401. SHORT TITLE; REFERENCES TO THE TUNA CONVENTIONS ACT OF 1950.

    (a) Short Title.--This title may be cited as the ``Antigua 
Convention Implementing Act of 2013''.
    (b) References to the Tuna Conventions Act of 1950.--Except as 
otherwise expressly provided, whenever in this title an amendment or 
repeal is expressed in terms of an amendment to, or repeal of, a 
section or other provision, the reference shall be considered to be 
made to a section or other provision of the Tuna Conventions Act of 
1950 (16 U.S.C. 951 et seq.).

SEC. 402. DEFINITIONS.

    Section 2 (16 U.S.C. 951) is amended to read as follows:

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Antigua convention.--The term `Antigua Convention' 
        means the Convention for the Strengthening of the Inter-
        American Tropical Tuna Commission Established by the 1949 
        Convention Between the United States of America and the 
        Republic of Costa Rica, signed at Washington, November 14, 
        2003.
            ``(2) Commission.--The term `Commission' means the Inter-
        American Tropical Tuna Commission provided for by the 
        Convention.
            ``(3) Convention.--The term `Convention' means--
                    ``(A) the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission, signed at 
                Washington, May 31, 1949, by the United States of 
                America and the Republic of Costa Rica;
                    ``(B) the Antigua Convention, upon its entry into 
                force for the United States, and any amendments thereto 
                that are in force for the United States; or
                    ``(C) both subparagraphs (A) and (B), as the 
                context requires.
            ``(4) Import.--The term `import' means to land on, bring 
        into, or introduce into, or attempt to land on, bring into, or 
        introduce into, any place subject to the jurisdiction of the 
        United States, whether or not such landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
            ``(5) Person.--The term `person' means an individual, 
        partnership, corporation, or association subject to the 
        jurisdiction of the United States.
            ``(6) United states.--The term `United States' includes all 
        areas under the sovereignty of the United States.
            ``(7) United states commissioners.--The term `United States 
        Commissioners' means the members of the Commission.
            ``(8) United states section.--The term `United States 
        Section' means the United States Commissioners to the 
        Commission and a designee of the Secretary of State.''.

SEC. 403. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.

    Section 3 (16 U.S.C. 952) is amended to read as follows:

``SEC. 3. COMMISSIONERS.

    ``(a) Commissioners.--The United States shall be represented on the 
Commission by 5 United States Commissioners. The President shall 
appoint individuals to serve on the Commission at the pleasure of the 
President. In making the appointments, the President shall select 
Commissioners from among individuals who are knowledgeable or 
experienced concerning highly migratory fish stocks in the eastern 
tropical Pacific Ocean, 1 of which shall be an officer or employee of 
the Department of Commerce, 1 of which shall be the chairman or a 
member of the Western Pacific Fishery Management Council, and 1 of 
which shall be the chairman or a member of the Pacific Fishery 
Management Council. Not more than 2 Commissioners may be appointed who 
reside in a State other than a State whose vessels maintain a 
substantial fishery in the area of the Convention.
    ``(b) Alternate United States Commissioners.--The Secretary of 
State, in consultation with the Secretary, may designate from time to 
time and for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise, at any meeting of the Commission or of the 
General Advisory Committee or Scientific Advisory Subcommittee 
established pursuant to section 4(b), all powers and duties of a United 
States Commissioner in the absence of any Commissioner appointed 
pursuant to subsection (a) of this section for whatever reason. The 
number of such Alternate United States Commissioners that may be 
designated for any such meeting shall be limited to the number of 
United States Commissioners appointed pursuant to subsection (a) of 
this section who will not be present at such meeting.
    ``(c) Administrative Matters.--
            ``(1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the United 
        States Government, shall not be considered Federal employees 
        except for the 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.
            ``(2) Compensation.--The United States Commissioners or 
        Alternate United States Commissioners, although officers of the 
        United States while so serving, shall receive no compensation 
        for their services as such United States Commissioners or 
        Alternate United States Commissioners.
            ``(3) Travel expenses.--
                    ``(A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners and Alternate United States Commissioners 
                to meetings of the Commission and other meetings the 
                Secretary deems necessary to fulfill their duties, in 
                accordance with the Federal Travel Regulations and 
                sections 5701, 5702, 5704 through 5708, and 5731 of 
                title 5, United States Code.
                    ``(B) The Secretary may reimburse the Secretary of 
                State for amounts expended by the Secretary of State 
                under this subsection.''.

SEC. 404. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.

    Section 4 (16 U.S.C. 953) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) General Advisory Committee.--
            ``(1) Appointments; public participation.--
                    ``(A) Appointments.--The Secretary, in consultation 
                with the Secretary of State, shall appoint a General 
                Advisory Committee which shall consist of not more than 
                25 individuals who shall be representative of the 
                various groups concerned with the fisheries covered by 
                the Convention, including nongovernmental conservation 
                organizations, providing to the maximum extent 
                practicable an equitable balance among such groups. 
                Members of the General Advisory Committee will be 
                eligible to participate as members of the U.S. 
                delegation to the Commission and its working groups to 
                the extent the Commission rules and space for 
                delegations allow.
                    ``(B) Additional members.--The chair of the Pacific 
                Fishery Management Council's Advisory Subpanel for 
                Highly Migratory Fisheries and the chair of the Western 
                Pacific Fishery Management Council's Advisory Committee 
                shall be members of the General Advisory Committee by 
                virtue of their positions in those Councils.
                    ``(C) Terms.--Each member of the General Advisory 
                Committee appointed under subparagraph (A) shall serve 
                for a term of 3 years and shall be eligible for 
                reappointment.
                    ``(D) Non-executive meetings of the united states 
                section.--The General Advisory Committee shall be 
                invited to attend all non-executive meetings of the 
                United States Section and at such meetings shall be 
                given opportunity to examine and to be heard on all 
                proposed programs of investigation, reports, 
                recommendations, and regulations of the Commission.
                    ``(E) Public participation.--The General Advisory 
                Committee shall determine its organization, and 
                prescribe its practices and procedures for carrying out 
                its functions under this chapter, the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.), and the Convention. The General Advisory 
                Committee shall publish and make available to the 
                public a statement of its organization, practices and 
                procedures. Meetings of the General Advisory Committee, 
                except when in executive session, shall be open to the 
                public, and prior notice of meetings shall be made 
                public in timely fashion. The General Advisory 
                Committee shall not be subject to the Federal Advisory 
                Committee Act (5 U.S.C. App.).
            ``(2) Information sharing.--The Secretary and the Secretary 
        of State shall furnish the General Advisory Committee with 
        relevant information concerning fisheries and international 
        fishery agreements.
            ``(3) Administrative matters.--
                    ``(A) In general.--The Secretary shall provide to 
                the General Advisory Committee in a timely manner such 
                administrative and technical support services as are 
                necessary for its effective functioning.
                    ``(B) Compensation.--An individual appointed to 
                serve as a member of the General Advisory Committee--
                            ``(i) shall serve without pay, but while 
                        away from home or regular place of business to 
                        attend meetings of the General Advisory 
                        Committee shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, in 
                        the same manner as a person employed 
                        intermittently in the Government service is 
                        allowed expenses under section 5703 of title 5, 
                        United States Code; and
                            ``(ii) shall not be considered a Federal 
                        employee except for the 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.''; and
            (2) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b) Scientific Advisory Subcommittee.--
    ``(c) In General.--The Secretary, in consultation with the 
Secretary of State, shall appoint a Scientific Advisory Subcommittee of 
not less than 5 nor more than 15 qualified scientists with balanced 
representation from the public and private sectors, including 
nongovernmental conservation organizations.''.

SEC. 405. RULEMAKING.

    Section 6 (16 U.S.C. 955) is amended--
            (1) by striking the section heading and inserting the 
        following:

``SEC. 6. RULEMAKING.'';

        and
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Regulations.--The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, the 
Secretary of the Department in which the Coast Guard is operating, may 
promulgate such regulations as may be necessary to carry out the United 
States international obligations under the Convention and this Act, 
including recommendations and decisions adopted by the Commission. In 
cases where the Secretary has discretion in the implementation of one 
or more measures adopted by the Commission that would govern fisheries 
under the authority of a Regional Fishery Management Council, the 
Secretary may, to the extent practicable within the implementation 
schedule of the Convention and any recommendations and decisions 
adopted by the Commission, promulgate such regulations in accordance 
with the procedures established by the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    ``(b) Jurisdiction.--The Secretary may promulgate regulations 
applicable to all vessels and persons subject to the jurisdiction of 
the United States, including United States flag vessels wherever they 
may be operating, on such date as the Secretary shall prescribe.''.

SEC. 406. PROHIBITED ACTS.

    Section 8 (16 U.S.C. 957) is amended to read as follows:

``SEC. 8. PROHIBITED ACTS.

    ``It is unlawful for any person--
            ``(1) to violate any provision of this chapter or any 
        regulation or permit issued pursuant to this Act;
            ``(2) to use any fishing vessel to engage in fishing after 
        the revocation, or during the period of suspension, of an 
        applicable permit issued pursuant to this Act;
            ``(3) to refuse to permit any officer authorized to enforce 
        the provisions of this Act (as provided for in section 10) to 
        board a fishing vessel subject to such person's control for the 
        purposes of conducting any search, investigation or inspection 
        in connection with the enforcement of this Act or any 
        regulation, permit, or the Convention;
            ``(4) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any such 
        authorized officer in the conduct of any search, investigations 
        or inspection in connection with the enforcement of this Act or 
        any regulation, permit, or the Convention;
            ``(5) to resist a lawful arrest for any act prohibited by 
        this Act;
            ``(6) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fish taken or retained in violation of this Act or any 
        regulation, permit, or agreement referred to in paragraph (1) 
        or (2);
            ``(7) 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;
            ``(8) to knowingly and willfully submit to the Secretary 
        false information regarding any matter that the Secretary is 
        considering in the course of carrying out this Act;
            ``(9) 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 the National Marine Fisheries Service or under 
        contract to any person to carry out responsibilities under this 
        Act;
            ``(10) to engage in fishing in violation of any regulation 
        adopted pursuant to section 6 of this Act;
            ``(11) to ship, transport, purchase, sell, offer for sale, 
        import, export, or have in custody, possession, or control any 
        fish taken or retained in violation of such regulations;
            ``(12) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports as are required by 
        regulations adopted pursuant to this Act to be made, kept, or 
        furnished;
            ``(13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States; or
            ``(14) to import, in violation of any regulation adopted 
        pursuant to section 6 of this Act, any fish in any form of 
        those species subject to regulation pursuant to a 
        recommendation, resolution, or decision of the Commission, or 
        any tuna in any form not under regulation but under 
        investigation by the Commission, during the period such fish 
        have been denied entry in accordance with the provisions of 
        section 6 of this Act, unless such person provides such proof 
        as the Secretary of Commerce may require that a fish described 
        in this paragraph offered for entry into the United States is 
        not ineligible for such entry under the terms of section 6 of 
        this Act.''.

SEC. 407. ENFORCEMENT.

    Section 10 (16 U.S.C. 959) is amended to read as follows:

``SEC. 10. ENFORCEMENT.

    ``This Act shall be enforced under section 101 of the International 
Fisheries Stewardship and Enforcement Act.''.

SEC. 408. REDUCTION OF BYCATCH.

    Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and 
inserting ``vessels''.

SEC. 409. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.

    The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et 
seq.) is repealed.
                                 <all>