[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 774 Enrolled Bill (ENR)]
H.R.774
One Hundred Fourteenth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the sixth day of January, two thousand and fifteen
An Act
To strengthen enforcement mechanisms to stop illegal, unreported, and
unregulated fishing, to amend the Tuna Conventions Act of 1950 to
implement the Antigua Convention, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal, Unreported, and Unregulated
Fishing Enforcement Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium
Protection Act.
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement
Act.
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992.
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985.
Sec. 105. Amendments to the Western and Central Pacific Fisheries
Convention Implementation Act.
Sec. 106. Amendments to the Antarctic Marine Living Resources Convention
Act.
Sec. 107. Amendments to the Atlantic Tunas Convention Act.
Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965.
Sec. 109. Amendments to the Dolphin Protection Consumer Information Act.
Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982.
Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act
of 1995.
Sec. 112. Amendment to the Magnuson-Stevens Fishery Conservation and
Management Act.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
Sec. 201. Short title.
Sec. 202. Amendment of the Tuna Conventions Act of 1950.
Sec. 203. Definitions.
Sec. 204. Commissioners; number, appointment, and qualifications.
Sec. 205. General Advisory Committee and Scientific Advisory
Subcommittee.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts.
Sec. 208. Enforcement.
Sec. 209. Reduction of bycatch.
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Duties and authorities of the Secretary.
Sec. 305. Authorization or denial of port entry.
Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM
PROTECTION ACT.
(a) Administration and Enforcement.--
(1) In general.--Section 606 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826g) is amended by inserting
before the first sentence the following:
``(a) In General.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall enforce this
Act, and the Acts to which this section applies, in accordance with
this section. Each such Secretary may, by agreement, on a reimbursable
basis or otherwise, utilize the personnel services, equipment
(including aircraft and vessels), and facilities of any other Federal
agency, and of any State agency, in the performance of such duties.
``(b) Acts to Which Section Applies.--This section applies to--
``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et
seq.);
``(2) the Dolphin Protection Consumer Information Act (16
U.S.C. 1385);
``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.);
``(4) the North Pacific Anadromous Stocks Act of 1992 (16
U.S.C. 5001 et seq.);
``(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971
et seq.);
``(6) the Northwest Atlantic Fisheries Convention Act of 1995
(16 U.S.C. 5601 et seq.);
``(7) the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6901 et seq.); and
``(8) the Antigua Convention Implementing Act of 2015.
``(c) Administration and Enforcement.--
``(1) In general.--The Secretary shall prevent any person from
violating this Act, or any Act to which this section applies, in
the same manner, by the same means, and with the same jurisdiction,
powers, and duties as though sections 308 through 311 of the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858 through 1861) were incorporated into and made a part of and
applicable to this Act and each such Act.
``(2) International cooperation.--The Secretary may, subject to
appropriations and in the course of carrying out the Secretary's
responsibilities under the Acts to which this section applies,
engage in international cooperation to help other nations combat
illegal, unreported, and unregulated fishing and achieve
sustainable fisheries.
``(d) Special Rules.--
``(1) Additional enforcement authority.--In addition to the
powers of officers authorized pursuant to subsection (c), any
officer who is authorized by the Secretary, or the head of any
Federal or State agency that has entered into an agreement with the
Secretary under subsection (a), may enforce the provisions of any
Act to which this section applies, 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.
``(2) Disclosure of enforcement information.--
``(A) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a), may disclose, as necessary and appropriate,
information, including information collected under joint
authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western
and Central Pacific Fisheries Convention Implementation Act (16
U.S.C. 6901 et seq.) or other statutes implementing
international fishery agreements, to any other Federal or State
government agency, the Food and Agriculture Organization of the
United Nations, the secretariat or equivalent of an
international fishery management organization or arrangement
made pursuant to an international fishery agreement, or a
foreign government, if--
``(i) such government, organization, or arrangement has
policies and procedures to protect such information from
unintended or unauthorized disclosure; and
``(ii) such disclosure is necessary--
``(I) to ensure compliance with any law or
regulation enforced or administered by the Secretary;
``(II) to administer or enforce any international
fishery agreement to which the United States is a
party;
``(III) to administer or enforce a binding
conservation measure adopted by any international
organization or arrangement to which the United States
is a party;
``(IV) to assist in any investigative, judicial, or
administrative enforcement proceeding in the United
States; or
``(V) to assist in any law enforcement action
undertaken by a law enforcement agency of a foreign
government, or in relation to a legal proceeding
undertaken by a foreign government to the extent the
enforcement action is consistent with rules and
regulations of a regional fisheries management
organization (as that term is defined by the United
Nation's Food and Agriculture Organization Agreement on
Port State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing) of which
the United States is a member, or the Secretary has
determined that the enforcement action is consistent
with the requirements under Federal law for enforcement
actions with respect to illegal, unreported, and
unregulated fishing.
``(B) Data confidentiality provisions not applicable.--The
data confidentiality provisions of section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a) shall not apply with respect to this Act with respect
to--
``(i) any obligation of the United States to share
information under a regional fisheries management
organization (as that term is defined by the United
Nation's Food and Agriculture Organization Agreement on
Port State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing) of which the
United States is a member; or
``(ii) any information collected by the Secretary
regarding foreign vessels.
``(e) Prohibited Acts.--It is unlawful for any person--
``(1) to violate any provision of this Act or any regulation or
permit issued pursuant to this Act;
``(2) to refuse to permit any officer authorized to enforce the
provisions of this Act to board, search, or inspect a 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, any regulation promulgated under this Act,
or any Act to which this section applies;
``(3) to forcibly assault, resist, oppose, impede, intimidate,
or interfere with any such authorized officer in the conduct of any
search, investigation, or inspection described in paragraph (2);
``(4) to resist a lawful arrest for any act prohibited by this
section or any Act to which this section applies;
``(5) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of another person, knowing that
such person has committed any act prohibited by this section or any
Act to which this section applies; or
``(6) to forcibly assault, resist, oppose, impede, intimidate,
sexually harass, bribe, or interfere with--
``(A) any observer on a vessel under this Act or any Act to
which this section applies; or
``(B) any data collector employed by the National Marine
Fisheries Service or under contract to any person to carry out
responsibilities under this Act or any Act to which this
section applies.
``(f) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (e) shall be liable to the United States for
a civil penalty, and may be subject to a permit sanction, under section
308 of the Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1858).
``(g) Criminal Penalty.--Any person who commits an act that is
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is
deemed to be guilty of an offense punishable under section 309(b) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1859(b)).
``(h) Utilization of Federal Agency Assets.--''.
(2) Conforming amendment.--Section 308(a) of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C. 2437(a))
is amended to read as follows:
``(a) In General.--Any person who commits an act that is unlawful
under section 306 shall be liable to the United States for a civil
penalty, and may be subject to a permit sanction, under section 308 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858).''.
(b) Actions To Improve the Effectiveness of International Fishery
Management Organizations.--Section 608 of such Act (16 U.S.C. 1826i) is
amended by--
(1) inserting before the first sentence the following: ``(a) In
General.--'';
(2) in subsection (a) (as designated by paragraph (1) of this
subsection) in the first sentence, inserting ``, or arrangements
made pursuant to an international fishery agreement,'' after
``organizations''; and
(3) adding at the end the following new subsections:
``(b) Disclosure of Information.--
``(1) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881a) except as
provided in paragraph (2), may disclose, as necessary and
appropriate, information, including information collected under
joint authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and
Central Pacific Fisheries Convention Implementation Act (16 U.S.C.
6901 et seq.), any other statute implementing an international
fishery agreement, to any other Federal or State government agency,
the Food and Agriculture Organization of the United Nations, or the
secretariat or equivalent of an international fishery management
organization or arrangement made pursuant to an international
fishery agreement, if such government, organization, or
arrangement, respectively, has policies and procedures to protect
such information from unintended or unauthorized disclosure.
``(2) Exceptions.--The data confidentiality provisions in
section 402 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a) shall not apply with respect to
this Act--
``(A) for obligations of the United States to share
information under a regional fisheries management organization
(as that term is defined by the United Nation's Food and
Agriculture Organization Agreement on Port State Measures to
Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing) of which the United States is a member; or
``(B) to any information collected by the Secretary
regarding foreign vessels.
``(c) IUU Vessel Lists.--The Secretary may--
``(1) develop, maintain, and make public a list of vessels and
vessel owners engaged in illegal, unreported, or unregulated
fishing or fishing-related activities in support of illegal,
unreported, or unregulated fishing, including vessels or vessel
owners identified by an international fishery management
organization or arrangement made pursuant to an international
fishery agreement, that--
``(A) the United States is party to; or
``(B) the United States is not party to, but whose
procedures and criteria in developing and maintaining a list of
such vessels and vessel owners are substantially similar to
such procedures and criteria adopted pursuant to an
international fishery agreement to which the United States is a
party; and
``(2) take appropriate action against listed vessels and vessel
owners, including action against fish, fish parts, or fish products
from such vessels, in accordance with applicable United States law
and consistent with applicable international law, including
principles, rights, and obligations established in applicable
international fishery management agreements and trade agreements.
``(d) Regulations.--The Secretary may promulgate regulations to
implement this section.''.
(c) Notification Regarding Identification of Nations.--Section
609(b) of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
``(b) Notification.--The Secretary shall notify the President and
that nation of such an identification.''.
(d) Nations Identified Under Section 610.--Section 610(b)(1) of
such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
``(1) notify, as soon as possible, the President and nations
that have been identified under subsection (a), and also notify
other nations whose vessels engage in fishing activities or
practices described in subsection (a), about the provisions of this
section and this Act;''.
(e) Effect of Certification Under Section 609.--Section
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by
striking ``that has not been certified by the Secretary under this
subsection, or''.
(f) Effect of Certification Under Section 610.--Section 610(c)(5)
of such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has
not been certified by the Secretary under this subsection, or''.
(g) Identification of Nations.--
(1) Scope of identification for actions of fishing vessels.--
Section 609(a) of such Act (16 U.S.C. 1826j(a)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, based on a cumulative compilation
and analysis of data collected and provided by
international fishery management organizations and other
nations and organizations,'' after ``shall''; and
(ii) by striking ``2 years'' and inserting ``3 years'';
(B) in paragraph (1), by inserting ``that undermines the
effectiveness of measures required by an international fishery
management organization, taking into account whether'' after
``(1)''; and
(C) in paragraph (1), by striking ``vessels of''.
(2) Additional grounds for identification.--Section 609(a) of
such Act (16 U.S.C. 1826j(a)) is further amended--
(A) by redesignating paragraphs (1) and (2) in order as
subparagraphs (A) and (B) (and by moving the margins of such
subparagraphs 2 ems to the right);
(B) by inserting before the first sentence the following:
``(1) Identification for actions of fishing ves-
sels.--''; and
(C) by adding at the end the following:
``(2) Identification for actions of nation.--Taking into
account the factors described under section 609(a)(1), the
Secretary shall also identify, and list in such report, a nation--
``(A) if it is violating, or has violated at any point
during the preceding 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; or
``(B) if it is failing, or has failed in the preceding 3-
year period, to effectively address or regulate illegal,
unreported, or unregulated fishing in areas described under
paragraph (1)(B).
``(3) Application to other entities.--Where the provisions of
this Act are applicable to nations, they shall also be applicable,
as appropriate, to other entities that have competency to enter
into international fishery management agreements.''.
(3) Period of fishing practices supporting identification.--
Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is amended by
striking ``calendar year'' and inserting ``3 years''.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce $450,000 for each of fiscal
years 2016 through 2020 to implement the amendments made by subsections
(b) and (g).
(i) Technical Corrections.--
(1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is amended
by striking ``whose vessels'' and inserting ``that''.
(2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is
amended by striking ``of its fishing vessels''.
(3) Section 609(d)(1)(A) of such Act (16 U.S.C. 1826j(d)(1)(A))
is amended by striking ``of its fishing vessels''.
(4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is
amended--
(A) by striking ``for certification'' and inserting ``to
authorize'';
(B) by inserting ``the importation'' after ``or other
basis'';
(C) by striking ``harvesting''; and
(D) by striking ``not certified under paragraph (1)'' and
inserting ``issued a negative certification under paragraph
(1)''.
(5) Section 610 of such Act (16 U.S.C. 1826k) is amended as
follows:
(A) In subsection (a)(1), by striking ``practices;'' and
inserting ``practices--''.
(B) In subsection (c)(4), by striking all preceding
subparagraph (B) and inserting the following:
``(4) Alternative procedure.--The Secretary may establish a
procedure to authorize, on a shipment-by-shipment, shipper-by-
shipper, or other basis the importation of fish or fish products
from a vessel of a nation issued a negative certification under
paragraph (1) if the Secretary determines that such imports were
harvested by practices that do not result in bycatch of a protected
marine species, or were harvested by practices that--
``(A) are comparable to those of the United States, taking
into account different conditions; and''.
SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES
ENFORCEMENT ACT.
(a) Negative Certification Effects.--Section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
(1) in subsection (a)(2), by striking ``recognized principles
of'' after ``in accordance with'';
(2) in subsection (a)(2)(A), by inserting ``or, as appropriate,
for fishing vessels of a nation that receives a negative
certification under section 609(d) or section 610(c) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826)''
after ``(1)'';
(3) in subsection (a)(2)(B), by inserting before the period the
following: ``, except for the purposes of inspecting such vessel,
conducting an investigation, or taking other appropriate
enforcement action'';
(4) in subsection (b)(1)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing'' after ``driftnet fishing'';
(5) in subsection (b)(1)(B) and subsection (b)(2), by striking
``or illegal, unreported, or unregulated fishing'' after ``driftnet
fishing'' each place it appears;
(6) in subsection (b)(3)(A)(i), by inserting ``or a negative
certification under section 609(d) or section 610(c) of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))'' after ``(1)(A)'';
(7) in subsection (b)(4)(A), by inserting ``or issues a
negative certification under section 609(d) or section 610(c) of
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))'' after ``paragraph (1)'';
(8) in subsection (b)(4)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing'' after ``driftnet fishing'';
and
(9) in subsection (b)(4)(A)(i), by inserting ``, or to address
the offending activities for which a nation received a negative
certification under section 609(d) or 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d),
1826k(c))'' after ``beyond the exclusive economic zone of any
nation''.
(b) Duration of Negative Certification Effects.--Section 102 of
such Act (16 U.S.C. 1826b) is amended by--
(1) striking ``or illegal, unreported, or unregulated
fishing''; and
(2) inserting ``or effectively addressed the offending
activities for which the nation received a negative certification
under 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d), 1826k(c))'' before the period
at the end.
SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF
1992.
(a) Unlawful Activities.--Section 810 of the North Pacific
Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
(1) in paragraph (5), by inserting ``, investigation,'' after
``search''; and
(2) in paragraph (6), by inserting ``, investigation,'' after
``search''.
(b) Additional Prohibitions and Enforcement.--Section 811 of the
Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is
amended to read as follows:
``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
``For additional prohibitions relating to this Act and enforcement
of this Act, see section 606 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.
Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637)
is amended--
(1) in subsection (a)(2)--
(A) by inserting ``, investigation,'' after ``search''; and
(B) by striking ``this title;'' and inserting ``this
Act;'';
(2) in subsection (a)(3)--
(A) by inserting ``, investigation,'' after ``search''; and
(B) by striking ``subparagraph (2);'' and inserting
``paragraph (2);'';
(3) in subsection (a)(5), by striking ``this title; or'' and
inserting ``this Act;''; and
(4) by striking subsections (b) through (f) and inserting the
following:
``(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION IMPLEMENTATION ACT.
The Western and Central Pacific Fisheries Convention Implementation
Act (title V of Public Law 109-479) is amended--
(1) by amending section 506(c) (16 U.S.C. 6905(c)) to read as
follows:
``(c) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''; and
(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking
``suspension, on'' and inserting ``suspension, of''.
SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES
CONVENTION ACT.
The Antarctic Marine Living Resources Convention Act of 1984 is
amended--
(1) in section 306 (16 U.S.C. 2435)--
(A) in paragraph (3), by striking ``which he knows, or
reasonably should have known, was'';
(B) in paragraph (4), by inserting ``, investigation,''
after ``search''; and
(C) in paragraph (5), by inserting ``, investigation,''
after ``search''; and
(2) in section 307 (16 U.S.C. 2436)--
(A) by inserting ``(a) In General.--'' before the first
sentence; and
(B) by adding at the end the following:
``(b) Regulations To Implement Conservation Measures.--
``(1) In general.--Notwithstanding subsections (b), (c), and
(d) of section 553 of title 5, United States Code, the Secretary of
Commerce may publish in the Federal Register a final regulation to
implement any conservation measure for which the Secretary of State
notifies the Commission under section 305(a)(1)--
``(A) that has been in effect for 12 months or less;
``(B) that is adopted by the Commission; and
``(C) with respect to which the Secretary of State, does
not notify Commission in accordance with section 305(a)(1)
within the time period allotted for objections under Article IX
of the Convention.
``(2) Entering into force.--Upon publication of such regulation
in the Federal Register, such conservation measure shall enter into
force with respect to the United States.''.
SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.
The Atlantic Tunas Convention Act of 1975 is amended--
(1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
(A) by striking ``(A)'' and inserting ``(i)'';
(B) by striking ``(B)'' and inserting ``(ii)'';
(C) by inserting ``(A)'' after ``(2)''; and
(D) by adding at the end the following:
``(B) Notwithstanding the requirements of subparagraph (A) and
subsections (b) and (c) of section 553 of title 5, United States Code,
the Secretary may issue final regulations to implement Commission
recommendations referred to in paragraph (1) concerning trade
restrictive measures against nations or fishing entities.'';
(2) in section 7 (16 U.S.C. 971e) by striking subsections (e)
and (f) and redesignating subsection (g) as subsection (e);
(3) in section 8 (16 U.S.C. 971f)--
(A) by striking subsections (a) and (c); and
(B) by inserting before subsection (b) the following:
``(a) For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
(4) in section 8(b) by striking ``the enforcement activities
specified in section 8(a) of this Act'' each place it appears and
inserting ``enforcement activities with respect to this Act that
are otherwise authorized by law''; and
(5) by striking section 11 (16 U.S.C. 971j) and redesignating
sections 12 and 13 as sections 11 and 12, respectively.
SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF
1965.
Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16
U.S.C. 5503(f)) is amended to read as follows:
``(f) Validity.--A permit issued under this section for a vessel is
void if--
``(1) any other permit or authorization required for the vessel
to fish is expired, revoked, or suspended; or
``(2) the vessel is no longer documented under the laws of the
United States or eligible for such documentation.''.
SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION
ACT.
The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is
amended by amending subsection (e) to read as follows:
``(e) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.
Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C.
773e) is amended--
(1) in subsection (a) by redesignating paragraphs (1) through
(6) as subparagraphs (A) through (F);
(2) by redesignating subsections (a) and (b) as paragraphs (1)
and (2), respectively;
(3) in paragraph (1)(B), as so redesignated, by inserting ``,
investigation,'' before ``or inspection'';
(4) in paragraph (1)(C), as so redesignated, by inserting ``,
investigation,'' before ``or inspection'';
(5) in paragraph (1)(E), as so redesignated, by striking ``or''
after the semicolon; and
(6) in paragraph (1)(F), as so redesignated, by striking
``section.'' and inserting ``section; or''.
SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION
ACT OF 1995.
Section 207 of the Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 5606) is amended--
(1) in the section heading, by striking ``and penalties'' and
inserting ``and enforcement'';
(2) in subsection (a)(2), by inserting ``, investigation,''
before ``or inspection'';
(3) in subsection (a)(3), by inserting ``, investigation,''
before ``or inspection''; and
(4) by striking subsections (b) through (f) and inserting the
following:
``(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION
AND MANAGEMENT ACT.
Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before
the semicolon the following: ``or any treaty or in contravention of any
binding conservation measure adopted by an international agreement or
organization to which the United States is a party''.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Antigua Convention Implementing
Act of 2015''.
SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Tuna Conventions Act of
1950 (16 U.S.C. 951 et seq.).
SEC. 203. 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 such Conventions, as the context requires.
``(4) Person.--The term `person' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
``(5) United states.--The term `United States' includes all
areas under the sovereignty of the United States.
``(6) United states commissioners.--The term `United States
commissioners' means the individuals appointed in accordance with
section 3(a).''.
SEC. 204. 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 four United States Commissioners. The President shall
appoint individuals to serve on the Commission. The United States
Commissioners shall be subject to supervision and removal by the
Secretary of State, in consultation with the Secretary. In making the
appointments, the President shall select United States Commissioners
from among individuals who are knowledgeable or experienced concerning
highly migratory fish stocks in the eastern tropical Pacific Ocean, one
of whom shall be an officer or employee of the Department of Commerce.
Not more than two United States 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 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 United States 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 United States
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 Commissioners, although officers of the United States
while so serving, shall receive no compensation for their services
as United States Commissioners or Alternate 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 Inter-American Tropical
Tuna Commission and other meetings the Secretary of State 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. 205. 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; compensation.--
``(A) 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 United States delegation to the Commission
and its working groups to the extent the Commission rules and
space for delegations allow.
``(B) 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 ex-officio members of the General Advisory
Committee by virtue of their positions in those Councils.
``(C) Each member of the General Advisory Committee
appointed under subparagraph (A) shall serve for a term of 3
years and is eligible for reappointment.
``(D) The General Advisory Committee shall be invited to
attend all non-executive meetings of the United States
delegation 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) The General Advisory Committee shall determine its
organization, and prescribe its practices and procedures for
carrying out its functions under this title, the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.), and the Convention. The General Advisory Committee
shall publish and make available to the public a statement of
its organization, practices, and procedures. Meetings of the
General Advisory Committee, except when in executive session,
shall be open to the public, and prior notice of meetings shall
be made public in timely fashion. The General Advisory
Committee shall not be subject to the Federal Advisory
Committee Act (5 U.S.C. App.).
``(2) Information sharing.--The Secretary and the Secretary of
State shall furnish the General Advisory Committee with relevant
information concerning fisheries and international fishery
agreements.
``(3) Administrative matters.--
``(A) 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) Individuals appointed to serve as a member of the
General Advisory Committee--
``(i) shall serve without pay, but while away from
their homes or regular places 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 persons employed intermittently in
the Government service are allowed expenses under section
5703 of title 5, United States Code; and
``(ii) 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) by striking so much of subsection (b) as precedes paragraph
(2) and inserting the following:
``(b) Scientific Advisory Subcommittee.--(1) 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.''; and
(3) in subsection (b)(3), by striking ``General Advisory
Subcommittee'' and inserting ``General Advisory Committee''.
SEC. 206. RULEMAKING.
Section 6 (16 U.S.C. 955) is amended to read as follows:
``SEC. 6. RULEMAKING.
``(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 as may be
necessary to carry out the United States international obligations
under the Convention and this Act, 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 as
may be necessary to carry out the United States international
obligations under the Convention and this Act, applicable to all
vessels and persons subject to the jurisdiction of the United States,
including vessels documented under chapter 121 of title 46, United
States Code, wherever they may be operating, on such date as the
Secretary shall prescribe.''.
SEC. 207. PROHIBITED ACTS.
Section 8 (16 U.S.C. 957) is amended--
(1) by striking ``section 6(c) of this Act'' each place it
appears and inserting ``section 6''; and
(2) by adding at the end the following:
``(i) Additional Prohibitions and Enforcement.--For prohibitions
relating to this Act and enforcement of this Act, see section 606 of
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826g).''.
SEC. 208. ENFORCEMENT.
Section 10 (16 U.S.C. 959) is amended to read as follows:
``SEC. 10. ENFORCEMENT.
``For enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 209. REDUCTION OF BYCATCH.
Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and
inserting ``vessels''.
SEC. 210. 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.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Port State Measures Agreement Act
of 2015''.
SEC. 302. PURPOSE.
The purpose of this title is to implement the Agreement on Port
State Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
SEC. 303. DEFINITIONS.
As used in this title:
(1) The term ``Agreement'' means the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing, done at the Food and Agriculture Organization
of the United Nations, in Rome, Italy, November 22, 2009, and
signed by the United States November 22, 2009.
(2) The term ``IUU fishing'' means any activity set out in
paragraph 3 of the 2001 FAO International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
Fishing.
(3) The term ``listed IUU vessel'' means a vessel that is
included in a list of vessels having engaged in IUU fishing or
fishing-related activities in support of IUU fishing that has been
adopted by a regional fisheries management organization of which
the United States is a member, or a list adopted by a regional
fisheries management organization of which the United States is not
a member if the Secretary determines the criteria used by that
organization to create the IUU list is comparable to criteria
adopted by RFMOs of which the United States is a member for
identifying IUU vessels and activities.
(4) The term ``Magnuson-Stevens Act'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.).
(5) The term ``person'' has the same meaning as that term has
in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
(6) The terms ``RFMO'' and ``regional fisheries management
organization'' mean a regional fisheries management organization
(as that term is defined by the United Nation's Food and
Agriculture Organization Agreement on Port State Measures to
Prevent, Deter and Eliminate Illegal, Unreported and Unregulated
Fishing) that is recognized by the United States.
(7) The term ``Secretary'' means the Secretary of Commerce or
his or her designee.
(8) The term ``vessel'' means any vessel, ship of another type,
or boat used for, equipped to be used for, or intended to be used
for, fishing or fishing-related activities, including container
vessels that are carrying fish that have not been previously
landed.
(9) The term ``fish'' means finfish, mollusks, crustaceans, and
all other forms of marine animal and plant life other than marine
mammals and birds.
(10) The term ``fishing''--
(A) except as provided in subparagraph (B), means--
(i) the catching, taking, or harvesting of fish;
(ii) the attempted catching, taking, or harvesting of
fish;
(iii) any other activity which can reasonably be
expected to result in the catching, taking, or harvesting
of fish; or
(iv) any operations at sea in support of, or in
preparation for, any activity described in clauses (i)
through (iii); and
(B) does not include any scientific research activity that
is conducted by a scientific research vessel.
SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Regulations.--The Secretary may, as needed, promulgate such
regulations--
(1) in accordance with section 553 of title 5, United States
Code;
(2) consistent with provisions of the title; and
(3) with respect to enforcement measures, in consultation with
the Secretary of the department in which the Coast Guard is
operating;
as may be necessary to carry out the purposes of this title, to the
extent that such regulations are not already promulgated.
(b) Ports of Entry.--The Secretary, in consultation with the
Secretary of the department in which the Coast Guard is operating, may
designate and publicize the ports to which vessels may seek entry. No
port may be designated under this section that has not also been
designated as a port of entry for customs reporting purposes pursuant
to section 1433 of title 19, United States Code, or that is not
specified under an existing international fisheries agreement.
(c) Notification.--The Secretary shall provide notification of the
denial of port entry or the use of port services for a vessel under
section 305, the withdrawal of the denial of port services for a
foreign vessel, the taking of enforcement action pursuant to section
306 with respect to a foreign vessel, or the results of any inspection
of a foreign vessel conducted pursuant to this title to the flag nation
of the vessel and, as appropriate, to the nation of which the vessel's
master is a national, relevant coastal nations, RFMOs, the Food and
Agriculture Organization of the United Nations, and other relevant
international organizations.
(d) Confirmation That Fish Were Taken in Accordance With
Conservation and Management Measures.--The Secretary may request
confirmation from the flag state of a foreign vessel that the fish on
board a foreign vessel in a port subject to the jurisdiction of the
United States were taken in accordance with applicable RFMO
conservation and management measures.
SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY.
(a) Submission of Information Required Under Agreement.--
(1) In general.--A vessel described in paragraph (2) seeking
entry to a port that is subject to the jurisdiction of the United
States must submit to the Secretary of the department in which the
Coast Guard is operating information as required under the
Agreement in advance of its arrival in port. The Secretary of the
department in which the Coast Guard is operating shall provide that
information to the Secretary.
(2) Covered vessels.--A vessel referred to in paragraph (1) is
any vessel that--
(A) is not documented under chapter 121 of title 46, United
States Code; and
(B) is not numbered under chapter 123 of that title.
(b) Decision To Authorize or Deny Port Entry.--
(1) Decision.--The Secretary shall decide, based on the
information submitted under subsection (a), whether to authorize or
deny port entry by the vessel, and shall communicate such decision
to--
(A) the Secretary of the department in which the Coast
Guard is operating; and
(B) the vessel or its representative.
(2) Authorization or denial of entry.--The Secretary of the
department in which the Coast Guard is operating shall authorize or
deny entry to vessels to which such a decision applies.
(3) Vessels to which entry may be denied.--The Secretary of the
department in which the Coast Guard is operating may deny entry to
any vessel to which such a decision applies--
(A) that is described in subsection (a)(2); and
(B) that--
(i) is a listed IUU vessel; or
(ii) the Secretary of Commerce has reasonable grounds
to believe--
(I) has engaged in IUU fishing or fishing-related
activities in support of such fishing; or
(II) has violated this title.
(c) Denial of Use of Port.--If a vessel described in subsection
(a)(2) is in a port that is subject to the jurisdiction of the United
States, the Secretary of the department in which the Coast Guard is
operating, at the request of the Secretary, shall deny such vessel the
use of the port for landing, transshipment, packaging and processing of
fish, refueling, resupplying, maintenance, and drydocking, if--
(1) the vessel entered without authorization under subsection
(b);
(2) the vessel is a listed IUU vessel;
(3) the vessel is not documented under the laws of another
nation;
(4) the flag nation of the vessel has failed to provide
confirmation requested by the Secretary that the fish on board were
taken in accordance with applicable RFMO conservation and
management measures; or
(5) the Secretary has reasonable grounds to believe--
(A) the vessel lacks valid authorizations to engage in
fishing or fishing-related activities as required by its flag
nation or the relevant coastal nation;
(B) the fish on board were taken in violation of foreign
law or in contravention of any RFMO conservation and management
measure; or
(C) the vessel has engaged in IUU fishing or fishing-
related activities in support of such fishing, including in
support of a listed IUU vessel, unless it can establish that--
(i) it was acting in a manner consistent with
applicable RFMO conservation and management measures; or
(ii) in the case of the provision of personnel, fuel,
gear, and other supplies at sea, the vessel provisioned was
not, at the time of provisioning, a listed IUU vessel.
(d) Exceptions.--Notwithstanding subsections (b) and (c), the
Secretary of the department in which the Coast Guard is operating may
allow port entry or the use of port services--
(1) if they are essential to the safety or health of the crew
or safety of the vessel;
(2) to allow, where appropriate, for the scrapping of the
vessel; or
(3) pursuant to an inspection or other enforcement action.
SEC. 306. INSPECTIONS.
The Secretary, and the Secretary of the department in which the
Coast Guard is operating, shall conduct foreign vessel inspections in
ports subject to the jurisdiction of the United States as necessary to
achieve the purposes of the Agreement and this title. If, following an
inspection, the Secretary has reasonable grounds to believe that a
foreign vessel has engaged in IUU fishing or fishing-related activities
in support of such fishing, the Secretary may take enforcement action
under this title or other applicable law, and shall deny the vessel the
use of port services, in accordance with section 305.
SEC. 307. PROHIBITED ACTS.
It is unlawful for any person subject to the jurisdiction of the
United States--
(1) to violate any provision of this title or the regulations
issued under this title;
(2) to refuse to permit any authorized officer to board,
search, or inspect a vessel that is subject to the person's control
in connection with the enforcement of this title or the regulations
issued under this title;
(3) to submit false information pursuant to any requirement
under this title or the regulations issued under this title; or
(4) to commit any offense enumerated in paragraph (4), (5),
(7), or (9) of section 707(a) of the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6906(a)).
SEC. 308. ENFORCEMENT.
(a) Existing Authorities and Responsibilities.--
(1) Authorities and responsibilities.--The authorities and
responsibilities under subsections (a), (b), and (c) of section 311
and subsection (f) of section 308 of the Magnuson-Stevens Act (16
U.S.C. 1861, 1858) and paragraphs (2), (3), and (7) of section
310(b) of the Antarctic Marine Living Resources Convention Act of
1984 (16 U.S.C. 2439(b)) shall apply with respect to enforcement of
this title.
(2) Included vessels.--For purposes of enforcing this title,
any reference in such paragraphs and subsections to a ``vessel'' or
``fishing vessel'' includes all vessels as defined in section
303(8) of this title.
(3) Application of other provisions.--Such paragraphs and
subsections apply to violations of this title and any regulations
promulgated under this title.
(b) Civil Enforcement.--
(1) Civil administrative penalties.--
(A) In general.--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 307 shall be liable to the
United States for a civil penalty. The amount of the civil
penalty shall be consistent with the amount under section
308(a) of the Magnuson-Stevens Act (16 U.S.C. 1858(a)).
(B) Compromise or other action by secretary.--The Secretary
shall have the same authority as provided in section 308(e) of
the Magnuson-Stevens Act (16 U.S.C. 1858(e)) with respect to a
violation of this Act.
(2) In rem jurisdiction.--For purposes of this title, the
conditions for in rem liability shall be consistent with section
308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)).
(3) Action upon failure to pay assessment.--If any person fails
to pay an assessment of a civil penalty under this title after it
has become a final and unappealable order, or after the appropriate
court has entered final judgment in favor of the Secretary, the
Secretary shall refer the matter to the Attorney General, who shall
recover the amount assessed in any appropriate district court of
the United States. In such action, the validity and appropriateness
of the final order imposing the civil penalty shall not be subject
to review.
(c) Forfeiture.--
(1) In general.--Any foreign vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used, and any
fish (or the fair market value thereof) imported or possessed in
connection with or as result of the commission of any act
prohibited by section 307 of this title shall be subject to
forfeiture under section 310 of the Magnuson-Stevens Act (16 U.S.C.
1860).
(2) Application of the customs laws.--All provisions of law
relating to seizure, summary judgment, and judicial forfeiture and
condemnation for violation of the customs laws, the disposition of
the property forfeited or condemned or the proceeds from the sale
thereof, the remission or mitigation of such forfeitures, and the
compromise of claims shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under the provisions of
this title, insofar as applicable and not inconsistent with the
provisions hereof. For seizures and forfeitures of property under
this section by the Secretary, such duties as are imposed upon the
customs officer or any other person with respect to the seizure and
forfeiture of property under the customs law may be performed by
such officers as are designated by the Secretary or, upon request
of the Secretary, by any other agency that has authority to manage
and dispose of seized property.
(3) Presumption.--For the purposes of this section there is a
rebuttable presumption that all fish, or components thereof, found
on board a vessel that is used or seized in connection with a
violation of this title (including any regulation promulgated under
this Act) were taken, obtained, or retained as a result of IUU
fishing or fishing-related activities in support of IUU fishing.
(d) Criminal Enforcement.--Any person (other than a foreign
government agency, or entity wholly owned by a foreign government) who
knowingly commits an act prohibited by section 307 of this title shall
be subject to subsections (b) and (c) of section 309 of the Magnuson-
Stevens Act (16 U.S.C. 1859).
(e) Payment of Storage, Care, and Other Costs.--Any person assessed
a civil penalty for, or convicted of, any violation of this title
(including any regulation promulgated under this title) and any
claimant in a forfeiture action brought for such a violation, shall be
liable for the reasonable costs incurred by the Secretary in storage,
care, and maintenance of any property seized in connection with the
violation.
SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE.
(a) Assistance to Developing Nations and International
Organizations.--Consistent with existing authority and the availability
of funds, the Secretary shall provide appropriate assistance to
developing nations and international organizations of which such
nations are members to assist those nations in meeting their
obligations under the Agreement.
(b) Personnel, Services, Equipment, and Facilities.--In carrying
out subsection (a), the Secretary may, by agreement, on a reimbursable
or nonreimbursable basis, utilize the personnel, services, equipment,
and facilities of any Federal, State, local, or foreign government or
any entity of any such government.
SEC. 310. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this title shall be construed to
displace any requirements imposed by the customs laws of the United
States or any other laws or regulations enforced or administered by the
Secretary of Homeland Security. Where more stringent requirements
regarding port entry or access to port services exist under other
Federal law, those more stringent requirements shall apply. Nothing in
this title shall affect a vessel's entry into port, in accordance with
international law, for reasons of force majeure or distress.
(b) United States Obligations Under International Law.--This title
shall be interpreted and applied in accordance with United States
obligations under international law.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.