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

                                                       Calendar No. 263
113th CONGRESS
  1st Session
                                 S. 269

                          [Report No. 113-127]

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, Mr. 
Nelson, Mrs. Boxer, and Mr. Blumenthal) introduced the following bill; 
    which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           December 17, 2013

             Reported by Mr. Rockefeller, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

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

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

<DELETED>Sec. 101. Authority of the Secretary of Commerce to enforce 
                            statutes.
<DELETED>Sec. 102. Conforming, minor, and technical amendments.
<DELETED>Sec. 103. Illegal, unreported, or unregulated fishing.
<DELETED>Sec. 104. Liability.
    <DELETED>TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

<DELETED>Sec. 201. International fisheries enforcement.
<DELETED>Sec. 202. International cooperation and assistance.
              <DELETED>TITLE III--MISCELLANEOUS AMENDMENTS

<DELETED>Sec. 301. Atlantic Tunas Convention Act of 1975.
<DELETED>Sec. 302. Data sharing.
<DELETED>Sec. 303. Permits under the High Seas Fishing Compliance Act 
                            of 1995.
<DELETED>Sec. 304. Committee on scientific cooperation for Pacific 
                            salmon agreement.
      <DELETED>TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

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

<DELETED>TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND 
                       RELATED STATUTES</DELETED>

<DELETED>SEC. 101. AUTHORITY OF THE SECRETARY OF COMMERCE TO ENFORCE 
              STATUTES.</DELETED>

<DELETED>    (a) In General.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) Application.--This section applies to--
        </DELETED>
                <DELETED>    (A) the High Seas Driftnet Fishing 
                Moratorium Protection Act (16 U.S.C. 1826d et 
                seq.);</DELETED>
                <DELETED>    (B) the Pacific Salmon Treaty Act of 1985 
                (16 U.S.C. 3631 et seq.);</DELETED>
                <DELETED>    (C) the Dolphin Protection Consumer 
                Information Act (16 U.S.C. 1385);</DELETED>
                <DELETED>    (D) the Tuna Conventions Act of 1950 (16 
                U.S.C. 951 et seq.);</DELETED>
                <DELETED>    (E) the North Pacific Anadromous Stocks 
                Act of 1992 (16 U.S.C. 5001 et seq.);</DELETED>
                <DELETED>    (F) the South Pacific Tuna Act of 1988 (16 
                U.S.C. 973 et seq.);</DELETED>
                <DELETED>    (G) the Antarctic Marine Living Resources 
                Convention Act of 1984 (16 U.S.C. 2431 et 
                seq.);</DELETED>
                <DELETED>    (H) the Atlantic Tunas Convention Act of 
                1975 (16 U.S.C. 971 et seq.);</DELETED>
                <DELETED>    (I) the Northwest Atlantic Fisheries 
                Convention Act of 1995 (16 U.S.C. 5601 et 
                seq.);</DELETED>
                <DELETED>    (J) the Western and Central Pacific 
                Fisheries Convention Implementation Act (16 U.S.C. 6901 
                et seq.);</DELETED>
                <DELETED>    (K) the Northern Pacific Halibut Act of 
                1982 (16 U.S.C. 773 et seq.);</DELETED>
                <DELETED>    (L) the Antigua Convention Implementing 
                Act of 2013; and</DELETED>
                <DELETED>    (M) any other Act in pari materia, so 
                designated by the Secretary after notice and an 
                opportunity for a hearing.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (c) Special Rules.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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--</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (B) inspect records pertaining to the 
                storage, processing, transport, or trade of fish or 
                fish products;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (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;</DELETED>
                <DELETED>    (E) search and seize, in accordance with 
                any guidelines which may be issued by the Attorney 
                General; and</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (3) Information collection, maintenance and use.--
        </DELETED>
                <DELETED>    (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).</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.</DELETED>
                <DELETED>    (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.).</DELETED>
                <DELETED>    (F) Information sharing.--</DELETED>
                        <DELETED>    (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--</DELETED>
                                <DELETED>    (I) other Federal or State 
                                government agencies;</DELETED>
                                <DELETED>    (II) foreign 
                                governments;</DELETED>
                                <DELETED>    (III) the Food and 
                                Agriculture Organization formed at 
                                Quebec, Canada, on October 16, 1945; 
                                or</DELETED>
                                <DELETED>    (IV) the secretariat or 
                                equivalent of an international 
                                fisheries management organization or 
                                arrangement made pursuant to an 
                                international fishery 
                                agreement.</DELETED>
                        <DELETED>    (ii) Limitations.--An entity 
                        listed under clause (i) may receive data under 
                        this subparagraph if--</DELETED>
                                <DELETED>    (I) the entity has 
                                policies and procedures to safeguard 
                                such data from unintended or 
                                unauthorized disclosure; and</DELETED>
                                <DELETED>    (II) the exchange of 
                                information is necessary--</DELETED>
                                        <DELETED>    (aa) to ensure 
                                        compliance with any law 
                                        (including regulations) 
                                        enforced or administered by the 
                                        Secretary of 
                                        Commerce;</DELETED>
                                        <DELETED>    (bb) to administer 
                                        or enforce treaties to which 
                                        the United States is a 
                                        party;</DELETED>
                                        <DELETED>    (cc) to administer 
                                        or enforce binding conservation 
                                        measures adopted by any 
                                        international organization or 
                                        arrangement to which the United 
                                        States is a party;</DELETED>
                                        <DELETED>    (dd) to assist in 
                                        investigative, judicial, or 
                                        administrative enforcement 
                                        proceedings in the United 
                                        States; or</DELETED>
                                        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (e) Prohibited Acts.--For purposes of this section and 
each Act to which this section applies, it is unlawful for any person--
</DELETED>
        <DELETED>    (1) to violate any provision of this section or 
        any Act to which this section applies or any regulation 
        promulgated thereunder;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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);</DELETED>
        <DELETED>    (4) to resist a lawful arrest for any act 
        prohibited by this section or any Act to which this section 
        applies;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 102. CONFORMING, MINOR, AND TECHNICAL 
              AMENDMENTS.</DELETED>

<DELETED>    (a) High Seas Driftnet Fishing Moratorium Protection 
Act.--</DELETED>
        <DELETED>    (1) Section 606 of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826g) is amended--
        </DELETED>
                <DELETED>    (A) by inserting ``(a) Detecting, 
                Monitoring, and Preventing Violations.--'' before ``The 
                President''; and</DELETED>
                <DELETED>    (B) by adding at the end the 
                following:</DELETED>
<DELETED>    ``(b) Enforcement.--This Act shall be enforced under 
section 101 of the International Fisheries Stewardship and Enforcement 
Act.''.</DELETED>
        <DELETED>    (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''.</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(a) Identification.--</DELETED>
        <DELETED>    ``(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--</DELETED>
                <DELETED>    ``(A) such fishing undermines the 
                effectiveness of measures required under the relevant 
                international fishery management 
                organization;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) there is no international fishery 
                management organization with a mandate to regulate the 
                fishing activity in question.</DELETED>
        <DELETED>    ``(2) Other identifying activities.--The Secretary 
        shall also identify, and list in the report under section 607, 
        a nation if--</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.''.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (5) Section 609(d)(2) of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j(d)(2)) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``procedure for 
                certification,'' and inserting 
                ``procedure,'';</DELETED>
                <DELETED>    (B) by striking ``basis of fish'' and 
                inserting ``basis, for allowing importation of fish''; 
                and</DELETED>
                <DELETED>    (C) by striking ``harvesting nation not 
                certified under paragraph (1)'' and inserting ``nation 
                issued a negative certification under paragraph 
                (1)''.</DELETED>
        <DELETED>    (6) Section 610(a)(1) of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``calendar year'' and 
                inserting ``3 years''; and</DELETED>
                <DELETED>    (B) by striking ``practices;'' and 
                inserting ``practices--''.</DELETED>
<DELETED>    (b) Dolphin Protection Consumer Information Act.--Section 
901 of the Dolphin Protection Consumer Information Act (16 U.S.C. 1385) 
is amended--</DELETED>
        <DELETED>    (1) by adding at the end of subsection (d) the 
        following:</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by amending subsection (e) to read as 
        follows:</DELETED>
<DELETED>    ``(e) Enforcement.--This Act shall be enforced under 
section 101 of the International Fisheries Stewardship and Enforcement 
Act.''.</DELETED>
<DELETED>    (c) North Pacific Anadromous Stocks Act of 1992.--
</DELETED>
        <DELETED>    (1) Unlawful activities.--Section 810 of the North 
        Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is 
        amended--</DELETED>
                <DELETED>    (A) by striking ``purchases'' in paragraph 
                (5) and inserting ``purposes'';</DELETED>
                <DELETED>    (B) by striking ``search or inspection'' 
                in paragraph (5) and inserting ``search, investigation, 
                or inspection''; and</DELETED>
                <DELETED>    (C) by striking ``search or inspection'' 
                in paragraph (6) and inserting ``search, investigation, 
                or inspection''.</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``SEC. 811. ADMINISTRATION AND ENFORCEMENT.</DELETED>

<DELETED>    ``This Act shall be enforced under section 101 of the 
International Fisheries Stewardship and Enforcement Act.''.</DELETED>
<DELETED>    (d) Pacific Salmon Treaty Act of 1985.--</DELETED>
        <DELETED>    (1) Section 8 of the Pacific Salmon Treaty Act of 
        1985 (16 U.S.C. 3637) is amended--</DELETED>
                <DELETED>    (A) in subsection (a)--</DELETED>
                        <DELETED>    (i) by striking ``search or 
                        inspection'' in paragraph (2) and inserting 
                        ``search, investigation, or inspection''; 
                        and</DELETED>
                        <DELETED>    (ii) by striking ``search or 
                        inspection'' in paragraph (3) and inserting 
                        ``search, investigation, or inspection''; 
                        and</DELETED>
                <DELETED>    (B) by striking subsections (b) through 
                (f) and inserting the following:</DELETED>
<DELETED>    ``(b) Administration and Enforcement.--This Act shall be 
enforced under section 101 of the International Fisheries Stewardship 
and Enforcement Act.''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (e) South Pacific Tuna Act of 1988.--</DELETED>
        <DELETED>    (1) Prohibited acts.--Section 5(a) of the South 
        Pacific Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
        </DELETED>
                <DELETED>    (A) by striking ``a search or inspection'' 
                in paragraph (8) and inserting ``any search, 
                investigation, or inspection''; and</DELETED>
                <DELETED>    (B) by striking ``a search or inspection'' 
                in paragraph (10)(A) and inserting ``any search, 
                investigation, or inspection''.</DELETED>
        <DELETED>    (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:</DELETED>

<DELETED>``SEC. 7. ADMINISTRATION AND ENFORCEMENT.</DELETED>

<DELETED>    ``This Act shall be enforced under section 101 of the 
International Fisheries Stewardship and Enforcement Act.''.</DELETED>
<DELETED>    (f) Antarctic Marine Living Resources Convention Act of 
1984.--</DELETED>
        <DELETED>    (1) Unlawful activities.--Section 306 of the 
        Antarctic Marine Living Resources Convention Act (16 U.S.C. 
        2435) is amended--</DELETED>
                <DELETED>    (A) in paragraph (3), by striking ``which 
                he knows, or reasonably should have known, 
                was'';</DELETED>
                <DELETED>    (B) in paragraph (4), by striking ``search 
                or inspection'' and inserting ``search, investigation, 
                or inspection''; and</DELETED>
                <DELETED>    (C) in paragraph (5), by striking ``search 
                or inspection'' and inserting ``search, investigation, 
                or inspection''.</DELETED>
        <DELETED>    (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.''.</DELETED>
        <DELETED>    (3) Penalties and enforcement.--The Antarctic 
        Marine Living Resources Convention Act (16 U.S.C. 2431 et seq.) 
        is amended--</DELETED>
                <DELETED>    (A) by striking sections 308 and 309 (16 
                U.S.C. 2437 and 2438); and</DELETED>
                <DELETED>    (B) in section 310 (16 U.S.C. 2439)--
                </DELETED>
                        <DELETED>    (i) by striking subsections (b), 
                        (c), and (d);</DELETED>
                        <DELETED>    (ii) by redesignating subsection 
                        (e) as subsection (c); and</DELETED>
                        <DELETED>    (iii) by inserting after 
                        subsection (a) the following:</DELETED>
<DELETED>    ``(b) Administration and Enforcement.--This title shall be 
enforced under section 101 of the International Fisheries Stewardship 
and Enforcement Act.''.</DELETED>
<DELETED>    (g) Atlantic Tunas Convention Act of 1975.--</DELETED>
        <DELETED>    (1) Violations.--Section 7 of the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 971e) is amended--</DELETED>
                <DELETED>    (A) by striking subsections (e) and (f); 
                and</DELETED>
                <DELETED>    (B) by redesignating subsection (g) as 
                subsection (e).</DELETED>
        <DELETED>    (2) Enforcement.--Section 8 of the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 971f) is amended--</DELETED>
                <DELETED>    (A) by striking subsections (a) and 
                (c);</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) in the section heading, by striking ``and 
        penalties.'' and inserting ``and enforcement.'';</DELETED>
        <DELETED>    (2) in subsection (a)--</DELETED>
                <DELETED>    (A) by striking ``search or inspection'' 
                in paragraph (2) and inserting ``search, investigation, 
                or inspection''; and</DELETED>
                <DELETED>    (B) by striking ``search or inspection'' 
                in paragraph (3) and inserting ``search, investigation, 
                or inspection''; and</DELETED>
        <DELETED>    (3) by striking subsections (b) through (f) and 
        inserting the following:</DELETED>
<DELETED>    ``(b) Administration and Enforcement.--This title shall be 
enforced under section 101 of the International Fisheries Stewardship 
and Enforcement Act.''.</DELETED>
<DELETED>    (i) Western and Central Pacific Fisheries Convention 
Implementation Act.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(c) Administration and Enforcement.--This title shall be 
enforced under section 101 of the International Fisheries Stewardship 
and Enforcement Act.''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (j) Northern Pacific Halibut Act of 1982.--</DELETED>
        <DELETED>    (1) Prohibited acts.--Section 7 of the Northern 
        Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amended--
        </DELETED>
                <DELETED>    (A) by redesignating paragraphs (1) 
                through (6) of subsection (a), as subparagraphs (A) 
                through (F), respectively;</DELETED>
                <DELETED>    (B) by redesignating subsections (a) and 
                (b) as paragraphs (1) and (2), respectively;</DELETED>
                <DELETED>    (C) in paragraph (1)(B), as redesignated, 
                by striking ``search or inspection'' and inserting 
                ``search, investigation, or inspection''; and</DELETED>
                <DELETED>    (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)''.</DELETED>
        <DELETED>    (2) Administration and enforcement.--The Northern 
        Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.) is 
        amended--</DELETED>
                <DELETED>    (A) by striking sections 3, 9, and 10 (16 
                U.S.C. 773f, 773g, and 773h); and</DELETED>
                <DELETED>    (B) by striking subsections (b) through 
                (f) of section 11 (16 U.S.C. 773i) and inserting the 
                following:</DELETED>
<DELETED>    ``(b) Administration and Enforcement.--This Act shall be 
enforced under section 101 of the International Fisheries Stewardship 
and Enforcement Act.''.</DELETED>

<DELETED>SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED 
              FISHING.</DELETED>

<DELETED>    (a) Amendment of the High Seas Driftnet Fishing Moratorium 
Protection Act.--</DELETED>
        <DELETED>    (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:</DELETED>
<DELETED>    ``(c) Vessels and Vessel Owners Engaged in Illegal, 
Unreported, or Unregulated Fishing.--The Secretary may--</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(e) Regulations.--The Secretary may promulgate 
regulations to implement subsections (c) and (d).''.</DELETED>
        <DELETED>    (2) Section 609 of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j) is amended--
        </DELETED>
                <DELETED>    (A) in subsection (d)(3)(A)(i), by 
                striking ``that has not been certified by the Secretary 
                under this subsection, or''; and</DELETED>
                <DELETED>    (B) in subsection (e)(3)--</DELETED>
                        <DELETED>    (i) by striking ``and'' at the end 
                        of subparagraph (B);</DELETED>
                        <DELETED>    (ii) by striking ``agreement.'' 
                        and inserting ``agreement; and''; and</DELETED>
                        <DELETED>    (iii) by adding at the end the 
                        following:</DELETED>
                <DELETED>    ``(D) to the extent possible--</DELETED>
                        <DELETED>    ``(i) fishing activities conducted 
                        in waters under the jurisdiction of a nation 
                        without permission of that nation; 
                        and</DELETED>
                        <DELETED>    ``(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).''.</DELETED>
        <DELETED>    (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''.</DELETED>
<DELETED>    (b) Amendment of the High Seas Driftnet Fisheries 
Enforcement Act.--</DELETED>
        <DELETED>    (1) Section 101 of the High Seas Driftnet 
        Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
        </DELETED>
                <DELETED>    (A) in subsection (a), by striking 
                paragraph (2) and inserting the following:</DELETED>
        <DELETED>    ``(2) Denial of port privileges.--The Secretary of 
        the Treasury shall, in accordance with recognized principles of 
        international law--</DELETED>
                <DELETED>    ``(A) withhold or revoke the clearance 
                required by section 60105 of title 46, United States 
                Code, for--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    (B) in subsection (b)--</DELETED>
                        <DELETED>    (i) by striking ``or illegal, 
                        unreported, or unregulated fishing'' each place 
                        it appears in paragraphs (1) and (2);</DELETED>
                        <DELETED>    (ii) by striking paragraph (3)(A) 
                        and inserting the following:</DELETED>
                <DELETED>    ``(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--</DELETED>
                        <DELETED>    ``(i) upon receipt of notification 
                        of the identification of the nation under 
                        paragraph (1)(A);</DELETED>
                        <DELETED>    ``(ii) if the consultations with 
                        the government of the nation under paragraph 
                        (2) are not satisfactorily concluded within 
                        ninety days; or</DELETED>
                        <DELETED>    ``(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)).'';</DELETED>
                        <DELETED>    (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</DELETED>
                        <DELETED>    (iv) by striking paragraph 
                        (4)(A)(i) and inserting the 
                        following:</DELETED>
                        <DELETED>    ``(i) any prohibition established 
                        under paragraph (3) is insufficient to cause 
                        that nation--</DELETED>
                                <DELETED>    ``(I) to terminate large-
                                scale driftnet fishing conducted by its 
                                nationals and vessels beyond the 
                                exclusive economic zone of any 
                                nation;</DELETED>
                                <DELETED>    ``(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</DELETED>
                                <DELETED>    ``(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''.</DELETED>
        <DELETED>    (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--</DELETED>
        <DELETED>    ``(1) has terminated large-scale driftnet fishing 
        by its nationals and vessels beyond the exclusive economic zone 
        of any nation;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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).''.</DELETED>

<DELETED>SEC. 104. LIABILITY.</DELETED>

<DELETED>    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.</DELETED>

         <DELETED>TITLE II--LAW ENFORCEMENT AND INTERNATIONAL 
                          OPERATIONS</DELETED>

<DELETED>SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT.</DELETED>

<DELETED>    (a) Establishment of International Fisheries Enforcement 
Task Force.--</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (2) Purposes.--The purposes of the task force 
        shall be--</DELETED>
                <DELETED>    (A) to detect and investigate illegal, 
                unreported, or unregulated fishing activity and 
                trafficking in the resulting fish or fish product; 
                and</DELETED>
                <DELETED>    (B) to enforce the provisions of this Act 
                or any Act to which section 101 applies.</DELETED>
        <DELETED>    (3) Membership.--The task force shall include 
        permanent representation from--</DELETED>
                <DELETED>    (A) the National Marine Fisheries 
                Service's international enforcement program;</DELETED>
                <DELETED>    (B) the U.S. Coast Guard;</DELETED>
                <DELETED>    (C) U.S. Customs and Border 
                Protection;</DELETED>
                <DELETED>    (D) the U.S. Food and Drug Administration; 
                and</DELETED>
                <DELETED>    (E) such other Federal agencies as the 
                Secretary considers appropriate and necessary to carry 
                out the purposes under paragraph (2).</DELETED>
<DELETED>    (b) Task Force Organization.--</DELETED>
        <DELETED>    (1) Staffing and other resources.--The Secretary 
        of Commerce and the head of each department and agency 
        identified under subsection (a)(3) shall--</DELETED>
                <DELETED>    (A) by agreement, on a reimbursable basis 
                or otherwise, provide permanent representation to the 
                task force;</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (4) Cooperative activities.--The Secretary, in 
        coordination with the head of each department and agency 
        providing personnel for the task force--</DELETED>
                <DELETED>    (A) may conduct one or more joint 
                operations for the purposes under subsection 
                (a)(2);</DELETED>
                <DELETED>    (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);</DELETED>
                <DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>

<DELETED>SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE.</DELETED>

<DELETED>    (a) International Cooperation and Assistance.--The 
Secretary of Commerce may provide international cooperation and 
assistance for international capacity building efforts.</DELETED>
<DELETED>    (b) Authorized Activities.--In carrying out this section, 
the Secretary may--</DELETED>
        <DELETED>    (1) provide technical expertise to other nations 
        to assist them in addressing illegal, unreported, or 
        unregulated fishing activities;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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;</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (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.</DELETED>
<DELETED>    (c) Guidelines.--The Secretary may establish guidelines as 
necessary to implement this section.</DELETED>

         <DELETED>TITLE III--MISCELLANEOUS AMENDMENTS</DELETED>

<DELETED>SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.</DELETED>

<DELETED>    Section 6 of the Atlantic Tunas Convention Act of 1975 (16 
U.S.C. 971d(c)(2)) is amended--</DELETED>
        <DELETED>    (1) by inserting ``(A)'' after ``(2)'';</DELETED>
        <DELETED>    (2) by striking ``(A) submission'' and inserting 
        ``the presentation'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (4) by adding at the end thereof the 
        following:</DELETED>
                <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 302. DATA SHARING.</DELETED>

<DELETED>    (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--</DELETED>
        <DELETED>    (1) by inserting ``(a) In General.--'' before 
        ``The Secretary,'';</DELETED>
        <DELETED>    (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))),'';</DELETED>
        <DELETED>    (3) by striking ``and'' after the semicolon in 
        paragraph (3);</DELETED>
        <DELETED>    (4) by striking ``territories.'' in paragraph (4) 
        and inserting ``territories; and''; and</DELETED>
        <DELETED>    (5) by adding at the end thereof the 
        following:</DELETED>
        <DELETED>    ``(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--
        </DELETED>
                <DELETED>    ``(A) to improve the scientific 
                understanding of marine ecosystems;</DELETED>
                <DELETED>    ``(B) to improve fisheries management 
                decisions;</DELETED>
                <DELETED>    ``(C) to promote the conservation of 
                protected living marine resources;</DELETED>
                <DELETED>    ``(D) to combat illegal, unreported, and 
                unregulated fishing; and</DELETED>
                <DELETED>    ``(E) to improve compliance with 
                conservation and management measures in international 
                waters.</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (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--</DELETED>
        <DELETED>    (1) by striking ``or'' after the semicolon in 
        subparagraph (G);</DELETED>
        <DELETED>    (2) by redesignating subparagraph (H) as 
        subparagraph (J); and</DELETED>
        <DELETED>    (3) by inserting after subparagraph (G) the 
        following:</DELETED>
                <DELETED>    ``(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));</DELETED>
                <DELETED>    ``(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''.</DELETED>

<DELETED>SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT 
              OF 1995.</DELETED>

<DELETED>    Section 104(f) of the High Seas Fishing Compliance Act (16 
U.S.C. 5503(f)) is amended to read as follows:</DELETED>
<DELETED>    ``(f) Validity.--A permit issued under this section is 
void if--</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 304. COMMITTEE ON SCIENTIFIC COOPERATION FOR PACIFIC 
              SALMON AGREEMENT.</DELETED>

<DELETED>    Section 11 of the Pacific Salmon Treaty Act of 1985 (16 
U.S.C. 3640) is amended--</DELETED>
        <DELETED>    (1) by redesignating subsections (c) and (d) as 
        subsections (d) and (e), respectively;</DELETED>
        <DELETED>    (2) by inserting after subsection (b) the 
        following:</DELETED>
<DELETED>    ``(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</DELETED>
        <DELETED>    (3) by striking ``71'' in subsection (e), as 
        redesignated, and inserting ``171''.</DELETED>

 <DELETED>TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION</DELETED>

<DELETED>SEC. 401. SHORT TITLE; REFERENCES TO THE TUNA CONVENTIONS ACT 
              OF 1950.</DELETED>

<DELETED>    (a) Short Title.--This title may be cited as the ``Antigua 
Convention Implementing Act of 2013''.</DELETED>
<DELETED>    (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.).</DELETED>

<DELETED>SEC. 402. DEFINITIONS.</DELETED>

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

<DELETED>``SEC. 2. DEFINITIONS.</DELETED>

<DELETED>    ``In this Act:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(2) Commission.--The term `Commission' means the 
        Inter-American Tropical Tuna Commission provided for by the 
        Convention.</DELETED>
        <DELETED>    ``(3) Convention.--The term `Convention' means--
        </DELETED>
                <DELETED>    ``(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;</DELETED>
                <DELETED>    ``(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</DELETED>
                <DELETED>    ``(C) both subparagraphs (A) and (B), as 
                the context requires.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(5) Person.--The term `person' means an 
        individual, partnership, corporation, or association subject to 
        the jurisdiction of the United States.</DELETED>
        <DELETED>    ``(6) United states.--The term `United States' 
        includes all areas under the sovereignty of the United 
        States.</DELETED>
        <DELETED>    ``(7) United states commissioners.--The term 
        `United States Commissioners' means the members of the 
        Commission.</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 403. COMMISSIONERS; NUMBER, APPOINTMENT, AND 
              QUALIFICATIONS.</DELETED>

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

<DELETED>``SEC. 3. COMMISSIONERS.</DELETED>

<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(c) Administrative Matters.--</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Travel expenses.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) The Secretary may reimburse the 
                Secretary of State for amounts expended by the 
                Secretary of State under this subsection.''.</DELETED>

<DELETED>SEC. 404. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.</DELETED>

<DELETED>    Section 4 (16 U.S.C. 953) is amended--</DELETED>
        <DELETED>    (1) by striking subsection (a) and inserting the 
        following:</DELETED>
<DELETED>    ``(a) General Advisory Committee.--</DELETED>
        <DELETED>    ``(1) Appointments; public participation.--
        </DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(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.).</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(3) Administrative matters.--</DELETED>
                <DELETED>    ``(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.</DELETED>
                <DELETED>    ``(B) Compensation.--An individual 
                appointed to serve as a member of the General Advisory 
                Committee--</DELETED>
                        <DELETED>    ``(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</DELETED>
                        <DELETED>    ``(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</DELETED>
        <DELETED>    (2) by striking so much of subsection (b) as 
        precedes paragraph (2) and inserting the following:</DELETED>
<DELETED>    ``(b) Scientific Advisory Subcommittee.--</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 405. RULEMAKING.</DELETED>

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

<DELETED>``SEC. 6. RULEMAKING.'';</DELETED>

        <DELETED>and</DELETED>
        <DELETED>    (2) by striking subsections (a) and (b) and 
        inserting the following:</DELETED>
<DELETED>    ``(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.).</DELETED>
<DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 406. PROHIBITED ACTS.</DELETED>

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

<DELETED>``SEC. 8. PROHIBITED ACTS.</DELETED>

<DELETED>    ``It is unlawful for any person--</DELETED>
        <DELETED>    ``(1) to violate any provision of this chapter or 
        any regulation or permit issued pursuant to this Act;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(5) to resist a lawful arrest for any act 
        prohibited by this Act;</DELETED>
        <DELETED>    ``(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);</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(10) to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(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;</DELETED>
        <DELETED>    ``(13) to fail to stop a vessel upon being hailed 
        and instructed to stop by a duly authorized official of the 
        United States; or</DELETED>
        <DELETED>    ``(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.''.</DELETED>

<DELETED>SEC. 407. ENFORCEMENT.</DELETED>

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

<DELETED>``SEC. 10. ENFORCEMENT.</DELETED>

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

<DELETED>SEC. 408. REDUCTION OF BYCATCH.</DELETED>

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

<DELETED>SEC. 409. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 
              1984.</DELETED>

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

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.
Sec. 410. Conforming amendments to the Marine Mammal Protection Act of 
                            1972.

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) carry firearms and 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 officer's presence, 
                or for the commission of any felony under the laws of 
                the United States, if the officer 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) Northern pacific halibut act of 1982.--Notwithstanding 
        the provisions of subsection (b)--
                    (A) any person who is found by the Secretary, after 
                notice and opportunity for a hearing in accordance with 
                section 554 of title 5, United States Code, to have 
                committed an act prohibited under section 7 of the 
                Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) 
                shall be liable to the United States for a civil 
                penalty under section 8 of that Act (16 U.S.C. 773f);
                    (B) any act prohibited under subparagraphs (B), 
                (C), (D), or (F) of section 7(1) or section 7(2) of the 
                Northern Pacific Halibut Act of 1982 (16 U.S.C. 773e) 
                is punishable under section 9 of that Act (16 U.S.C. 
                773g); and
                    (C) the Secretary, in cooperation with such other 
                agencies as may be appropriate, may conduct or cause to 
                be conducted investigations in accordance with section 
                11(d) of the Northern Pacific Halibut Act of 1982 (16 
                U.S.C. 773i(d)) as are deemed necessary to carry out 
                the purposes of the Northern Pacific Halibut Act of 
                1982 (16 U.S.C. 773 et seq.).
            (4) 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 of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826h) is amended by 
        inserting ``not later than June 1'' after ``2006, and''.
            (3) 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''.
            (4) 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.''.
            (5) 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.
            (6) 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'';
                    (C) by striking ``harvesting nation not certified 
                under paragraph (1)'' and inserting ``nation issued a 
                negative certification under paragraph (1)''; and
                    (D) in subparagraph (A), by striking ``under an 
                international fishery management agreement to which the 
                United States is a party; or'' and inserting ``; and''.
            (7) Section 610(a) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826k(a)) is amended--
                    (A) by striking ``calendar year'' each place it 
                appears and inserting ``3 years''; and
                    (B) in paragraph (1), by striking ``practices;'' 
                and inserting ``practices--''.
            (8) Section 610(c)(5) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is amended by 
        striking ``or fish or fish products not caught by the vessels 
        engaged in illegal, unreported, or unregulated fishing''.
    (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) and (c) 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 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.''.
            (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) in section 8 (16 U.S.C. 773f)--
                            (i) by striking the subsection designation 
                        and heading preceding the text of subsection 
                        (a); and
                            (ii) by striking subsections (b) through 
                        (e);
                    (B) in section 9(a) (16 U.S.C. 773g(a)), by 
                striking ``section 7(a)(2), (3), (4), or (6); or 
                section 7(b)'' and inserting ``section 7(1)(B), (C), 
                (D), or (F) or section 7(2)'';
                    (C) by striking section 10 (16 U.S.C. 773h); and
                    (D) in section 11 (16 U.S.C. 773i)--
                            (i) by striking subsections (b) through (d) 
                        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.''; and
                            (ii) by redesignating subsections (e) and 
                        (f) as subsections (c) and (d), respectively.
    (k) National Sea Grant College Program Reauthorization Act of 
1998.--Section 10 of the National Sea Grant College Program 
Reauthorization Act of 1998 (15 U.S.C. 1541) is amended by striking 
``the United States Coast Guard'' each place it appears and inserting 
``another Federal agency''.

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 that are engaged, or have been engaged at any 
        point during the preceding 2 years, 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'';
                    (B) in subsection (e)(2), by striking ``Within 3 
                months after the date of enactment of the Magnuson-
                Stevens Fishery Conservation and Management 
                Reauthorization Act of 2006'' and inserting ``Not later 
                than 180 days after the date of enactment of the 
                International Fisheries Stewardship and Enforcement 
                Act''; and
                    (C) 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 by 
                        foreign vessels in waters under the 
                        jurisdiction of a nation without permission of 
                        that nation; and
                            ``(ii) fishing activities conducted by 
                        foreign vessels 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, to the extent consistent with 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 or 
                                shark catch on the high seas 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 or shark catch on the high seas 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 gear, 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;
            (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; and
            (6) use, with their consent, with reimbursement and subject 
        to the limits of available appropriations, the land, services, 
        equipment, personnel, and facilities of any department, agency, 
        or instrumentality of the United States, or of any State, local 
        government, Indian tribal government, Territory, or possession, 
        or of any political subdivision thereof, or of any foreign 
        government or international organization, for purposes related 
        to carrying out the responsibilities of any statute 
        administered by the National Oceanic and Atmospheric 
        Administration; and
            (7) accept and expend funds from other Federal agencies or 
        foreign governments to carry out the purposes of this section.
    (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) in the first sentence--
                    (A) by striking ``(A)'' and inserting ``(i)''; and
                    (B) by striking ``(B)'' and inserting ``(ii)'';
            (2) by inserting ``(A)'' after ``(2)''; and
            (3) 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 of 1995 (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 as amended (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 individuals appointed under section 
        3(a).
            ``(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.
            ``(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.'';
            (2) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b) Scientific Advisory Subcommittee.--
            ``(1) 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.
                    ``(A) Public participation.--The Scientific 
                Advisory Subcommittee 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 
                Scientific Advisory Subcommittee shall publish and make 
                available to the public a statement of its 
                organization, practices, and procedures. Meetings of 
                the Scientific Advisory Subcommittee, except when in 
                executive session, shall be open to the public, and 
                prior notice of meetings shall be made public in a 
                timely fashion.
                    ``(B) Information sharing.--The Secretary and the 
                Secretary of State shall furnish the Scientific 
                Advisory Subcommittee with relevant information 
                concerning fisheries and international fishery 
                agreements.
                    ``(C) Administrative matters.--
                            ``(i) In general.--The Secretary shall 
                        provide to the Scientific Advisory Subcommittee 
                        in a timely manner such administrative and 
                        technical support services as are necessary for 
                        its effective functioning.
                            ``(ii) Compensation.--An individual 
                        appointed to serve as a member of the 
                        Scientific Advisory Subcommittee--
                                    ``(I) shall serve without pay, but 
                                while away from home or regular place 
                                of business to attend meetings of the 
                                Scientific Advisory Subcommittee 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 18, United States 
                                Code.'';
            (3) in subsection (b)(2), by amending the heading to read 
        as follows:
            ``(2) Functions and assistance.--''; and
            (4) in subsection (b)(3), by striking ``General Advisory 
        Subcommittee'' and inserting ``General Advisory Committee''.

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.'';

            (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.''; and
            (3) in subsection (c)--
                    (A) by striking the subsection heading and 
                inserting ``(c) Additional Authority.'';
                    (B) by striking ``Regulations required to carry 
                out'' and all that follows through ``respective 
                jurisdictions.'';
                    (C) by striking ``application of any such 
                regulations'' and inserting ``application of 
                regulations promulgated to carry out the 
                recommendations of the Commission'';
                    (D) by striking ``he'' and inserting ``the 
                Secretary of Commerce''; and
                    (E) by striking ``The regulations thus 
                promulgated'' and all that follows through the end of 
                subsection (c).

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, attempt to bribe, or 
        interfere with any observer on a vessel under the Convention, 
        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 any fish in any form in violation of any 
        regulation adopted pursuant to 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.

SEC. 410. CONFORMING AMENDMENTS TO THE MARINE MAMMAL PROTECTION ACT OF 
              1972.

    The Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.) 
is amended--
            (1) in section 101(a)(2)(B)(i)(II) (16 U.S.C. 
        1371(a)(2)(B)(i)(II)) by striking ``article V, paragraph 3 of 
        the Convention establishing the Inter-American Tropical Tuna 
        Commission'' and inserting ``Article XXX of the Convention for 
        the Strengthening of the Inter-American Tropical Tuna 
        Commission (also known as the Antigua Convention)'';
            (2) in section 108(a)(2) (16 U.S.C. 1378(a)(2))--
                    (A) by inserting ``and'' after the semicolon at the 
                end of subparagraph (B);
                    (B) by striking subparagraph (C); and
                    (C) by redesignating subparagraph (D) as 
                subparagraph (C); and
            (3) in section 307(a)(1) (16 U.S.C. 1417(a)(1)) by striking 
        ``Article V, paragraph 3 of the Convention establishing the 
        Inter-American Tropical Tuna Commission'' and inserting 
        ``Article XXX of the Convention for the Strengthening of the 
        Inter-American Tropical Tuna Commission (also known as the 
        Antigua Convention)''.
                                                       Calendar No. 263

113th CONGRESS

  1st Session

                                 S. 269

                          [Report No. 113-127]

_______________________________________________________________________

                                 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.

_______________________________________________________________________

                           December 17, 2013

                       Reported with an amendment