[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 774 Introduced in House (IH)]
114th CONGRESS
1st Session
H. R. 774
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2015
Ms. Bordallo (for herself, Mr. Young of Alaska, Mr. Wittman, Mr.
DeFazio, and Mr. Garamendi) introduced the following bill; which was
referred to the Committee on Natural Resources, and in addition to the
Committee on Transportation and Infrastructure, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
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 an other person,
knowing that such person has committed any act prohibited by
this section or any Act to which this section applies; or
``(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with--
``(A) any observer on a vessel under this 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 vessels.--'';
and
(C) by adding at the end the following:
``(2) Identification for actions of nation.--Taking into
account the factors described under section 609(a)(1), the
Secretary shall also identify, and list in such report, a
nation--
``(A) if it is violating, or has violated at any
point during the preceding three years, conservation
and management measures required under an international
fishery management agreement to which the United States
is a party and the violations undermine the
effectiveness of such measures; or
``(B) if it is failing, or has failed 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 4 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 2 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 United States flag vessels 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 United States criteria 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) of which the United States is a
member.
(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, in accordance with section 553 of title 5, United States
Code, and consistent with the provisions of this title, 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 Homeland Security and, when the Coast Guard is not
operating in the Department of Homeland Security, 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.--All
foreign vessels seeking entry to a port 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.
(b) Decision To Authorize or Deny Port Entry.--The Secretary shall
decide, based on the information submitted under subsection (a),
whether to authorize or deny port entry and shall communicate this
decision to the foreign vessel or to its representative. The Secretary
may deny entry to--
(1) any foreign-listed IUU vessel; or
(2) any foreign vessel the Secretary has reasonable grounds
to believe has engaged in IUU fishing or fishing-related
activities in support of such fishing or has violated the Act.
(c) Denial of Use of Port.--If a foreign vessel is in a port
subject to the jurisdiction of the United States, 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 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
(4) 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 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.
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