[Congressional Record Volume 155, Number 134 (Tuesday, September 22, 2009)]
[House]
[Pages H9750-H9755]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




  ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2009

  Ms. BORDALLO. Mr. Speaker, I move to suspend the rules and pass the 
bill (H.R. 1080) to strengthen enforcement mechanisms to stop illegal, 
unreported, and unregulated fishing, and for other purposes, as 
amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

[[Page H9751]]

                               H.R. 1080

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Illegal, Unreported, and 
     Unregulated Fishing Enforcement Act of 2009''.

     SEC. 2. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING 
                   MORATORIUM PROTECTION ACT.

       (a) Administration and Enforcement.--Section 606 of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826g) is amended by inserting before the first 
     sentence the following:
       ``(a) In General.--The Secretary and the Secretary of the 
     department in which the Coast Guard is operating shall 
     enforce this title, and the Acts to which this section 
     applies, in accordance with this section. Each such Secretary 
     may, by agreement, on a reimbursable basis or otherwise, 
     utilize the personnel services, equipment (including aircraft 
     and vessels), and facilities of any other Federal agency, and 
     of any State agency, in the performance of such duties.
       ``(b) Acts to Which Section Applies.--This section applies 
     to--
       ``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
     et seq.);
       ``(2) the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385);
       ``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
     seq.);
       ``(4) the North Pacific Anadromous Stocks Act of 1992 (16 
     U.S.C. 5001 et seq.);
       ``(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
     seq.);
       ``(6) the Antarctic Marine Living Resources Convention Act 
     of 1984 (16 U.S.C. 2431 et seq.);
       ``(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
     971 et seq.);
       ``(8) the Northwest Atlantic Fisheries Convention Act of 
     1995 (16 U.S.C. 5601 et seq.); and
       ``(9) the Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6901 et seq.).
       ``(c) Administration and Enforcement.--The Secretary shall 
     prevent any person from violating this title, or any Act to 
     which this section applies, in the same manner, by the same 
     means, and with the same jurisdiction, powers, and duties as 
     though sections 308 through 311 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1858 
     through 1861) were incorporated into and made a part of and 
     applicable to this title and each such Act.
       ``(d) Special Rules.--
       ``(1) In general.--Notwithstanding the incorporation by 
     reference of certain sections of the Magnuson-Stevens Fishery 
     Conservation and Management Act under subsection (c), if 
     there is a conflict between a provision of this subsection 
     and the corresponding provision of any section of the 
     Magnuson-Stevens Fishery Conservation and Management Act so 
     incorporated, the provision of this subsection shall apply.
       ``(2) Additional enforcement authority.--In addition to the 
     powers of officers authorized pursuant to subsection (c), any 
     officer who is authorized by the Secretary, or the head of 
     any Federal or State agency that has entered into an 
     agreement with the Secretary under subsection (a), to enforce 
     the provisions of any Act to which this section applies may, 
     with the same jurisdiction, powers, and duties as though 
     section 311 of the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1861) were incorporated into and 
     made a part of each such Act--
       ``(A) search or inspect any facility or conveyance used or 
     employed in, or which reasonably appears to be used or 
     employed in, the storage, processing, transport, or trade of 
     fish or fish products;
       ``(B) inspect records pertaining to the storage, 
     processing, transport, or trade of fish or fish products;
       ``(C) detain, for a period of up to 5 days, any shipment of 
     fish or fish product imported into, landed on, introduced 
     into, exported from, or transported within the jurisdiction 
     of the United States, or, if such fish or fish product is 
     deemed to be perishable, sell and retain the proceeds 
     therefrom for a period of up to 5 days;
       ``(D) make an arrest, in accordance with any guidelines 
     which may be issued by the Attorney General, for any offense 
     under the laws of the United States committed in the person's 
     presence, or for the commission of any felony under the laws 
     of the United States, if the person has reasonable grounds to 
     believe that the person to be arrested has committed or is 
     committing a felony;
       ``(E) search and seize, in accordance with any guidelines 
     that are issued by the Attorney General; and
       ``(F) execute and serve any subpoena, arrest warrant, 
     search warrant issued in accordance with rule 41 of the 
     Federal Rules of Criminal Procedure, or other warrant or 
     civil or criminal process issued by any officer or court of 
     competent jurisdiction.
       ``(3) Disclosure of enforcement information.--The Secretary 
     may disclose, as necessary and appropriate, information, 
     including information collected under joint authority of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 
     1975 (16 U.S.C. 71 et seq.) or the Western and Central 
     Pacific Fisheries Convention Implementation Act (16 U.S.C. 
     6901 et seq.) or other statutes implementing international 
     fishery agreements, to any other Federal or State government 
     agency, the Food and Agriculture Organization of the United 
     Nations, the secretariat or equivalent of an international 
     fishery management organization or arrangement made pursuant 
     to an international fishery agreement, or a foreign 
     government, if--
       ``(A) such government, organization, or arrangement has 
     policies and procedures to protect such information from 
     unintended or unauthorized disclosure; and
       ``(B) such disclosure is necessary--
       ``(i) to ensure compliance with any law or regulation 
     enforced or administered by the Secretary;
       ``(ii) to administer or enforce any international fishery 
     agreement to which the United States is a party;
       ``(iii) to administer or enforce a binding conservation 
     measure adopted by any international organization or 
     arrangement to which the United States is a party;
       ``(iv) to assist in any investigative, judicial, or 
     administrative enforcement proceeding in the United States; 
     or
       ``(v) to assist in any law enforcement action undertaken by 
     a law enforcement agency of a foreign government, or in 
     relation to a legal proceeding undertaken by a foreign 
     government.
       ``(e) Prohibited Acts.--It is unlawful for any person--
       ``(1) to violate any provision of this title or any 
     regulation or permit issued pursuant to this title;
       ``(2) to refuse to permit any officer authorized to enforce 
     the provisions of this title to board, search, or inspect a 
     vessel, aircraft, vehicle, or shoreside facility subject to 
     such person's control for the purposes of conducting any 
     search, investigation, or inspection in connection with the 
     enforcement of this title, any regulation promulgated under 
     this title, or any Act to which this section applies;
       ``(3) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with any such authorized officer in 
     the conduct of any search, investigation, or inspection 
     described in paragraph (2);
       ``(4) to resist a lawful arrest for any act prohibited by 
     this section or any Act to which this section applies;
       ``(5) to interfere with, delay, or prevent, by any means, 
     the apprehension, arrest, or detection of an other person, 
     knowing that such person has committed any act prohibited by 
     this section or any Act to which this section applies; or
       ``(6) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with--
       ``(A) any observer on a vessel under this title or any Act 
     to which this section applies; or
       ``(B) any data collector employed by the National Marine 
     Fisheries Service or under contract to any person to carry 
     out responsibilities under this title or any Act to which 
     this section applies.
       ``(f) Civil Penalty.--Any person who commits any act that 
     is unlawful under subsection (e) shall be liable to the 
     United States for a civil penalty, and may be subject to a 
     permit sanction, under section 308 of the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1858).
       ``(g) Criminal Penalty.--Any person who commits an act that 
     is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), 
     or (e)(6) is deemed to be guilty of an offense punishable 
     under section 309(b) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1859(b)).
       ``(h) Utilization of Federal Agency Assets.--''.
       (b) Actions To Improve the Effectiveness of International 
     Fishery Management Organizations.--Section 608 of such Act 
     (16 U.S.C. 1826i) is amended by--
       (1) inserting before the first sentence the following: 
     ``(a) In General.--'';
       (2) in subsection (a) (as designated by paragraph (1) of 
     this subsection) in the first sentence, inserting ``, or 
     arrangements made pursuant to an international fishery 
     agreement,'' after ``organizations''; and
       (3) adding at the end the following new subsections:
       ``(b) Disclosure of Information.--The Secretary may 
     disclose, as necessary and appropriate, information, 
     including information collected under joint authority of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1801 et seq.) and the Atlantic Tunas Convention Act of 
     1975 (16 U.S.C. 71 et seq.), the Western and Central Pacific 
     Fisheries Convention Implementation Act (16 U.S.C. 6901 et 
     seq.), any other statute implementing an international 
     fishery agreement, to any other Federal or State government 
     agency, the Food and Agriculture Organization of the United 
     Nations, or the secretariat or equivalent of an international 
     fishery management organization or arrangement made pursuant 
     to an international fishery agreement, if such government, 
     organization, or arrangement, respectively, has policies and 
     procedures to protect such information from unintended or 
     unauthorized disclosure.
       ``(c) IUU Vessel Lists.--The Secretary may--
       ``(1) develop, maintain, and make public a list of vessels 
     and vessel owners engaged in illegal, unreported, or 
     unregulated fishing or fishing-related activities in support 
     of illegal, unreported, or unregulated fishing, including 
     vessels or vessel owners identified by an international 
     fishery management organization or arrangement made pursuant 
     to an international fishery agreement, that--
       ``(A) the United States is party to; or
       ``(B) the United States is not party to, but whose 
     procedures and criteria in developing and maintaining a list 
     of such vessels and vessel owners are substantially similar 
     to such procedures and criteria adopted pursuant to an 
     international fishery agreement to which the United States is 
     a party; and
       ``(2) take appropriate action against listed vessels and 
     vessel owners, including action against fish, fish parts, or 
     fish products from such vessels, in accordance with 
     applicable United States law and consistent with applicable 
     international law, including principles,

[[Page H9752]]

     rights, and obligations established in applicable 
     international fishery management agreements and trade 
     agreements.
       ``(d) Regulations.--The Secretary may promulgate 
     regulations to implement this section.''.
       (c) Notification Regarding Identification of Nations.--
     Section 609(b) of such Act (166 U.S.C. 1826j(b)) is amended 
     to read as follows:
       ``(b) Notification.--The Secretary shall notify the 
     President and that nation of such an identification.''.
       (d) Nations Identified Under Section 610.--Section 
     610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) is amended to 
     read as follows:
       ``(1) notify, as soon as possible, the President and 
     nations that have been identified under subsection (a), and 
     also notify other nations whose vessels engage in fishing 
     activities or practices described in subsection (a), about 
     the provisions of this section and this Act;''.
       (e) Effect of Certification Under Section 609.--Section 
     609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is 
     amended by striking ``that has not been certified by the 
     Secretary under this subsection, or''.
       (f) Effect of Certification Under Section 610.--Section 
     610(c)(5) of such Act (16 U.S.C. 1826k(c)(5)) is amended by 
     striking ``that has not been certified by the Secretary under 
     this subsection, or''.
       (g) Identification of Nations.--
       (1) Scope of identification for actions of fishing 
     vessels.--Section 609(a) of such Act (16 U.S.C. 1826j(a)) is 
     amended--
       (A) in the matter preceding paragraph (1) by striking ``2 
     years'' and inserting ``3 years'';
       (B) in paragraph (1), by inserting ``that undermines the 
     effectiveness of measures required by an international 
     fishery management organization, taking into account 
     whether'' after ``(1)''; and
       (C) in paragraph (1), by striking ``vessels of''.
       (2) Additional grounds for identification.--Section 609(a) 
     of such Act (16 U.S.C. 1826j(a)) is further amended--
       (A) by redesignating paragraphs (1) and (2) in order as 
     subparagraphs (A) and (B) (and by moving the margins of such 
     subparagraphs 2 ems to the right);
       (B) by inserting before the first sentence the following:
       ``(1) Identification for actions of fishing vessels.--''; 
     and
       (C) by adding at the end the following:
       ``(2) Identification for actions of nation.--Taking into 
     account the factors described under section 609(a)(1), the 
     Secretary shall also identify, and list in such report, a 
     nation--
       ``(A) if it is violating, or has violated at any point 
     during the preceding three years, conservation and management 
     measures required under an international fishery management 
     agreement to which the United States is a party and the 
     violations undermine the effectiveness of such measures; or
       ``(B) if it is failing, or has failed at any point during 
     the preceding three years, to effectively address or regulate 
     illegal, unreported, or unregulated fishing in areas 
     described under paragraph (1)(B).
       ``(3) Application to other entities.--Where the provisions 
     of this Act are applicable to nations, they shall also be 
     applicable, as appropriate, to other entities that have 
     competency to enter into international fishery management 
     agreements.''.
       (3) Period of fishing practices supporting 
     identification.--Section 610(a)(1) of such Act (16 U.S.C. 
     1826k(a)(1)) is amended by striking ``calendar year'' and 
     replacing with ``three years''.
       (h) Authorization of Appropriations.--
       (1) Section 609(f) of such Act (16 U.S.C. 1826j) is amended 
     by--
       (A) striking ``2007'' and inserting ``2010''; and
       (B) striking ``2013'' and inserting ``2015''.
       (2) Section 610(f) of such Act (16 U.S.C. 1826k) is amended 
     by--
       (A) striking ``2007'' and inserting ``2010''; and
       (B) striking ``2013'' and inserting ``2015''.
       (i) Technical Corrections.--
       (1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is 
     amended by striking ``whose vessels'' and inserting ``that''.
       (2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) 
     is amended by striking ``of its fishing vessels''.
       (3) Section 609(d)(1)(A) of such Act (16 U.S.C. 
     1826j(d)(1)(A)) is amended by striking ``of its fishing 
     vessels''.
       (4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) 
     is amended--
       (A) by striking ``for certification'' and inserting ``to 
     authorize'';
       (B) by inserting ``the importation'' after ``or other 
     basis'';
       (C) by striking ``harvesting''; and
       (D) by striking ``not certified under paragraph (1)'' and 
     inserting ``issued a negative certification under paragraph 
     (1)''.
       (5) Section 610 of such Act (16 U.S.C. 1826k) is amended as 
     follows:
       (A) In subsection (a)(1), by striking ``practices;'' and 
     inserting ``practices--''.
       (B) In subsection (c)(1)(A), by striking ``, and which, in 
     the case of pelagic longline fishing, includes mandatory use 
     of circle hooks, careful handling and release equipment, and 
     training and observer programs''.
       (C) In subsection (c)(4), by striking all preceding 
     subparagraph (B) and inserting the following:
       ``(4) Alternative procedure.--The Secretary may establish a 
     procedure to authorize, on a shipment-by-shipment, shipper-
     by-shipper, or other basis the importation of fish or fish 
     products from a vessel of a nation issued a negative 
     certification under paragraph (1) if the Secretary determines 
     that such imports were harvested by practices that do not 
     result in bycatch of a protected marine species, or were 
     harvested by practices that--
       ``(A) are comparable to those of the United States, taking 
     into account different conditions; and''.

     SEC. 3. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES 
                   ENFORCEMENT ACT.

       (a) Negative Certification Effects.--Section 101 of the 
     High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 
     1826a) is amended--
       (1) in subsection (a)(2), by striking ``recognized 
     principles of'' after ``in accordance with'';
       (2) in subsection (a)(2)(A), by inserting ``or, as 
     appropriate, for fishing vessels of a nation that receives a 
     negative certification under section 609(d) or section 610(c) 
     of the High Seas Driftnet Fishing Moratorium Protection Act 
     (16 U.S.C. 1826)'' after ``(1)'';
       (3) in subsection (a)(2)(B), by inserting before the period 
     the following: ``, except for the purposes of inspecting such 
     vessel, conducting an investigation, or taking other 
     appropriate enforcement action'';
       (4) in subsection (b)(1)(A)(i), by striking ``or illegal, 
     unreported, or unregulated fishing'' after ``driftnet 
     fishing'';
       (5) in subsection (b)(1)(B) and subsection (b)(2), by 
     striking ``or illegal, unreported, or unregulated fishing'' 
     after ``driftnet fishing'' each place it appears;
       (6) in subsection (b)(3)(A)(i), by inserting ``or a 
     negative certification under section 609(d) or section 610(c) 
     of the High Seas Driftnet Fishing Moratorium Protection Act 
     (16 U.S.C. 1826j(d), 1826k(c))'' after ``(1)(A)'';
       (7) in subsection (b)(4)(A), by inserting ``or issues a 
     negative certification under section 609(d) or section 610(c) 
     of the High Seas Driftnet Fishing Moratorium Protection Act 
     (16 U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
       (8) in subsection (b)(4)(A)(i), by striking ``or illegal, 
     unreported, or unregulated fishing'' after ``driftnet 
     fishing''; and
       (9) in subsection (b)(4)(A)(i), by inserting ``, or to 
     address the offending activities for which a nation received 
     a negative certification under section 609(d) or 610(c) of 
     the High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d), 1826k(c))'' after ``beyond the exclusive 
     economic zone of any nation''.
       (b) Duration of Negative Certification Effects.--Section 
     102 of such Act (16 U.S.C. 1826b) is amended by--
       (1) striking ``or illegal, unreported, or unregulated 
     fishing''; and
       (2) inserting ``or effectively addressed the offending 
     activities for which the nation received a negative 
     certification under 609(d) or 610(c) of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826j(d), 1826k(c))'' before the period at the end.

     SEC. 4. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF 1950.

       Section 8 of the Tuna Conventions Act of 1950 (16 U.S.C. 
     957) is amended--
       (1) in subsection (a) by striking ``knowingly'';
       (2) by striking subsections (d) through (g) and inserting 
     the following:
       ``(d) Additional Prohibitions and Enforcement.--For 
     additional prohibitions relating to this Act and enforcement 
     of this Act, see section 606 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826g).''; and
       (3) by redesignating subsection (h) as subsection (e).

     SEC. 5. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 
                   1992.

       (a) Unlawful Activities.--Section 810 of the North Pacific 
     Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
       (1) in paragraph (5), by inserting ``, investigation,'' 
     after ``search''; and
       (2) in paragraph (6), by inserting ``, investigation,'' 
     after ``search''.
       (b) Additional Prohibitions and Enforcement.--Section 811 
     of the Northern Pacific Anadromous Stocks Act of 1992 (16 
     U.S.C. 5010) is amended to read as follows:

     ``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

       ``For additional prohibitions relating to this Act and 
     enforcement of this Act, see section 606 of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826g).''.

     SEC. 6. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.

       Section 8 of the Pacific Salmon Treaty Act of 1985 (16 
     U.S.C. 3637) is amended--
       (1) in subsection (a)(2)--
       (A) by inserting ``, investigation,'' after ``search''; and
       (B) by striking ``this title;'' and inserting ``this 
     Act;'';
       (2) in subsection (a)(3)--
       (A) by inserting ``, investigation,'' after ``search''; and
       (B) by striking ``subparagraph (2) ;'' and inserting 
     ``paragraph (2);'';
       (3) in subsection (a)(5), by striking ``this title; or'' 
     and inserting ``this Act;'';
       (4) by striking subsections (b) through (f) and inserting 
     the following:
       ``(b) Additional Prohibitions and Enforcement.--For 
     additional prohibitions relating to this Act and enforcement 
     of this Act, see section 606 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.

     SEC. 7. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC 
                   FISHERIES CONVENTION IMPLEMENTATION ACT.

       The Western and Central Pacific Fisheries Convention 
     Implementation Act (title V of Public Law 109-479) is 
     amended--
       (1) in section 503(a) (16 U.S.C. 6902(a)), by striking 
     ``one of whom shall be the chairman or a member of the 
     Western Pacific Fishery Management Council and the Pacific 
     Fishery Management Council'' and inserting ``one of whom 
     shall be a member of the Western Pacific Fishery Management 
     Council, and one of whom shall be a member of the Pacific 
     Fishery Management Council'';

[[Page H9753]]

       (2) in section 503(c)(1) (16 U.S.C. 6902(c)(1)), by 
     striking ``shall be considered to be Federal employees'' and 
     all that follows through the end of the sentence and 
     inserting ``shall not be considered Federal employees except 
     for purposes of injury compensation and tort claims liability 
     as provided in chapter 81 of title 5, United States Code, and 
     chapter 171 of title 28, United States Code.'';
       (3) in section 503(d)(2)(B) (16 U.S.C. 6902(d)(2)(B)), by 
     amending clause (ii) to read as follows:
       ``(ii) shall not be considered Federal employees while 
     performing service except for the purposes of injury 
     compensation and tort claims liability as provided in chapter 
     81 of title 5, United States Code, and chapter 171 of title 
     28, United States Code.'';
       (4) by amending section 506(c) (16 U.S.C. 6905(c)) to read 
     as follows:
       ``(c) Additional Prohibitions and Enforcement.--For 
     additional prohibitions relating to this Act and enforcement 
     of this Act, see section 606 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826g).''; and
       (5) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
     ``suspension, on'' and inserting ``suspension, of''.

     SEC. 8. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT OF 1988.

       The South Pacific Tuna Act of 1988 is amended--
       (1) in section 5(a) (16 U.S.C. 973c(a))--
       (A) in paragraph (8), by inserting ``, investigation,'' 
     after ``search''; and
       (B) in paragraph (10), by inserting ``, investigation,'' 
     after ``search''; and
       (2) by striking sections 7 and 8 (16 U.S.C. 973e and 973f) 
     and inserting the following:

     ``SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

       ``For additional prohibitions relating to this Act and 
     enforcement of this Act, see section 606 of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826g).''.

     SEC. 9. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES 
                   CONVENTION ACT.

       The Antarctic Marine Living Resources Convention Act of 
     1984 is amended--
       (1) in section 306 (16 U.S.C. 2435)--
       (A) in paragraph (3), by striking ``which he knows, or 
     reasonably should have known, was'';
       (B) in paragraph (4), by inserting ``, investigation,'' 
     after ``search''; and
       (C) in paragraph (5), by inserting ``, investigation,'' 
     after ``search'';
       (2) in section 307 (16 U.S.C. 2436)--
       (A) by inserting ``(a) In General.--'' before the first 
     sentence; and
       (B) by adding at the end the following:
       ``(b) Regulations To Implement Conservation Measures.--
       ``(1) In general.--Notwithstanding subsections (b), (c), 
     and (d) of section 553 of title 5, United States Code, the 
     Secretary of Commerce may publish in the Federal Register a 
     final regulation to implement any conservation measure for 
     which the Secretary of State notifies the Commission under 
     section 305(a)(1)--
       ``(A) that has been in effect for 12 months or less;
       ``(B) that is adopted by the Commission; and
       ``(C) with respect to which the Secretary of State does not 
     notify Commission in accordance with section 305(a)(1) within 
     the time period allotted for objections under Article IX of 
     the Convention.
       ``(2) Entering into force.--Upon publication of such 
     regulation in the Federal Register, such conservation measure 
     shall enter into force with respect to the United States.''; 
     and
       (3) by striking sections 308 and 309 (16 U.S.C. 2437 and 
     2438) and inserting the following:

     ``SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

       ``For additional prohibitions relating to this Act and 
     enforcement of this Act, see section 606 of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826g).''.

     SEC. 10. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.

       The Atlantic Tunas Convention Act of 1975 is amended--
       (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
       (A) by striking ``(A)'' and inserting ``(i)'';
       (B) by striking ``(B)'' and inserting ``(ii)'';
       (C) by inserting ``(A)'' after ``(2)''; and
       (D) by adding at the end the following:
       ``(B) Notwithstanding the requirements of subparagraph (A) 
     and subsections (b) and (c) of section 553 of title 5, United 
     States Code, the Secretary may issue final regulations to 
     implement Commission recommendations referred to in paragraph 
     (1) concerning trade restrictive measures against nations or 
     fishing entities.'';
       (2) in section 7 (16 U.S.C. 971e) by striking subsections 
     (e) and (f) and redesignating subsection (g) as subsection 
     (e);
       (3) in section 8 (16 U.S.C. 971f)--
       (A) by striking subsections (a) and (c); and
       (B) by inserting before subsection (b) the following:
       ``(a) For additional prohibitions relating to this Act and 
     enforcement of this Act, see section 606 of the High Seas 
     Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826g).'';
       (4) in section 8(b) by striking ``the enforcement 
     activities specified in section 8(a) of this Act'' each place 
     it appears and inserting ``enforcement activities with 
     respect to this Act that are otherwise authorized by law''; 
     and
       (5) by striking section 11 (16 U.S.C. 971j) and 
     redesignating sections 12 and 13 as sections 11 and 12, 
     respectively.

     SEC. 11. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT 
                   OF 1965.

       Section 104(f) of the High Seas Fishing Compliance Act of 
     1995 (16 U.S.C. 5503(f)) is amended to read as follows:
       ``(f) Validity.--A permit issued under this section for a 
     vessel is void if--
       ``(1) any other permit or authorization required for the 
     vessel to fish is expired, revoked, or suspended; or
       ``(2) the vessel is no longer documented under the laws of 
     the United States or eligible for such documentation.''.

     SEC. 12. AMENDMENTS TO THE PACIFIC WHITING ACT OF 2006.

       (a) Scientific Experts on Joint Technical Committee.--
     Section 605(a)(1) of the Pacific Whiting Act of 2006 (16 
     U.S.C. 7004)(a)(1)) is amended to read as follows:
       ``(1) In general.--The Secretary, in consultation with the 
     Secretary of State, shall appoint no more than two 
     individuals to serve as scientific experts on the joint 
     technical committee, at least one of whom shall be an 
     official of the National Oceanic and Atmospheric 
     Administration.''; and
       (b) Treatment as Federal Employees.--Section 609(a) of the 
     Pacific Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended by 
     striking ``shall be considered to be Federal employees while 
     performing such service, only for purposes of--'' and all 
     that follows and inserting ``shall not be considered Federal 
     employees while performing such service, except for purposes 
     of injury compensation or tort claims liability as provided 
     in chapter 81 of title 5, United States Code, and chapter 171 
     of title 28, United States Code.''.

     SEC. 13. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER 
                   INFORMATION ACT.

       The Dolphin Protection Consumer Information Act (16 U.S.C. 
     1385) is amended by amending subsection (e) to read as 
     follows:
       ``(e) Additional Prohibitions and Enforcement.--For 
     additional prohibitions relating to this Act and enforcement 
     of this Act, see section 606 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.

     SEC. 14. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 
                   1982.

       (a) Prohibited Acts.--Section 7 of the Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773e) is amended--
       (1) in paragraph (a) by redesignating subparagraphs (1) 
     through (6) as subparagraphs (A) through (F);
       (2) by redesignating paragraphs (a) and (b) as paragraphs 
     (1) and (2), respectively;
       (3) by in paragraph (1)(B), as so redesignated, by 
     inserting ``, investigation,'' before ``or inspection'';
       (4) by in paragraph (1)(C), as so redesignated, by 
     inserting ``, investigation,'' before ``or inspection'';
       (5) in paragraph (1)(E), as so redesignated, by striking 
     ``or'' after the semicolon; and
       (6) in paragraph (1)(F), as so redesignated, by striking 
     ``section.'' and inserting ``section; or''.
       (b) Enforcement Powers.--Section 11 of the Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773i) is amended by adding at 
     the end the following:
       ``(g) In addition to the powers of officers authorized 
     pursuant to subsection (b), any officer who is authorized by 
     the Secretary, or by the head of any Federal or State agency 
     that has entered into an agreement with the Secretary under 
     subsection (a), to enforce the Convention, this Act, or any 
     regulation adopted under this Act, may--
       ``(1) search or inspect any facility or conveyance used or 
     employed in, or which reasonably appears to be used or 
     employed in, the storage, processing, transport, or trade of 
     fish or fish products;
       ``(2) inspect records pertaining to the storage, 
     processing, transport, or trade of fish or fish products; and
       ``(3) detain, for a period of up to 5 days, any shipment of 
     fish or fish product imported into, landed on, introduced 
     into, exported from, or transported within the jurisdiction 
     of the United States, or, if such fish or fish product is 
     deemed to be perishable, sell and retain the proceeds 
     therefrom for a period of up to 5 days.''.

     SEC. 15. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES 
                   CONVENTION ACT OF 1995.

       Section 207 of the Northwest Atlantic Fisheries Convention 
     Act of 1995 (16 U.S.C. 5606) is amended--
       (1) in the section heading, by striking ``AND PENALTIES'' 
     and inserting ``AND ENFORCEMENT'';
       (2) in subsection (a)(2), by inserting ``, investigation,'' 
     before ``or inspection'';
       (3) in subsection (a)(3), by inserting ``, investigation,'' 
     before ``or inspection''; and
       (4) by striking subsections (b) through (f) and inserting 
     the following:
       ``(b) Additional Prohibitions and Enforcement.--For 
     additional prohibitions relating to this Act and enforcement 
     of this Act, see section 606 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.

     SEC. 16. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY 
                   CONSERVATION AND MANAGEMENT ACT.

       Section 307(1)(Q) of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857(1)(Q)) is 
     amended by inserting before the semicolon the following: ``or 
     any treaty or in contravention of any binding conservation 
     measure adopted by an international agreement or organization 
     to which the United States is a party''.

     SEC. 17. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

       (a) International Cooperation and Assistance Program.--The 
     Secretary of Commerce, acting through the National Marine 
     Fisheries Service, may establish an international cooperation 
     and assistance program, including grants, to provide 
     assistance for sustainable fishery management capacity 
     building efforts.
       (b) Authorized Activities.--In carrying out the program, 
     the Secretary may--
       (1) provide funding and technical expertise to other 
     nations to assist them in addressing illegal, unreported, or 
     unregulated fishing activities;

[[Page H9754]]

       (2) provide funding and technical expertise to other 
     nations to assist them in reducing the loss and environmental 
     impacts of derelict fishing gear, reducing the bycatch of 
     living marine resources, and promoting international marine 
     resource conservation;
       (3) provide funding, technical expertise, and training to 
     other nations to aid them in building capacity for enhanced 
     fisheries management, fisheries monitoring, catch and trade 
     tracking activities, enforcement, and international marine 
     resource conservation;
       (4) establish partnerships with other Federal agencies or 
     non-governmental organizations, as appropriate, to ensure 
     that fisheries development assistance to other nations is 
     directed toward projects that promote sustainable fisheries; 
     and
       (5) conduct outreach and education efforts in order to 
     promote public and private sector awareness of international 
     fisheries sustainability issues, including the need to combat 
     illegal, unreported, or unregulated fishing activity and to 
     promote international marine resource conservation.
       (c) Guidelines.--The Secretary may establish guidelines 
     necessary to implement the program.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary $5,000,000 for each of 
     fiscal years 2010 through 2015 to carry out this section.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
Guam (Ms. Bordallo) and the gentleman from Utah (Mr. Chaffetz) each 
will control 20 minutes.
  The Chair recognizes the gentlewoman from Guam.


                             General Leave

  Ms. BORDALLO. Mr. Speaker, I ask unanimous consent that all Members 
may have 5 legislative days in which to revise and extend their remarks 
and include extraneous material on the bill under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from Guam?
  There was no objection.
  Ms. BORDALLO. Mr. Speaker, I rise in support of my bill, H.R. 1080, 
the Illegal, Unreported, and Unregulated Fishing Enforcement Act of 
2009. The United States demonstrates strong leadership in fisheries 
management both nationally and internationally. However, despite these 
efforts, many marine fish stocks around the world are exploited or 
depleted, which is driven, in part, by the persistence of illegal, 
unreported, and unregulated (or IUU) fishing. With an annual global 
value of over $10 billion, IUU fishing undermines the United States' 
fisheries management efforts and its fishermen, as well as efforts to 
sustainably manage fisheries in other countries.
  IUU fishing in recent years has impinged, for example, the U.S. 
Exclusive Economic Zone surrounding my district of Guam and our 
neighboring Mariana Islands. This is a problem, Mr. Speaker, that has 
increasingly evidenced itself elsewhere in the U.S. EEZ and must be 
addressed. H.R. 1080 would strengthen and improve the enforcement 
authorities of various U.S. fisheries acts and would authorize a 
cooperation-and-assistance program to help other countries develop the 
technical expertise to confront IUU fishing. The bill is strongly 
supported by the U.S. fishing industry, the administration, and marine 
conservation interests.
  With that, Mr. Speaker, I ask Members on both sides to support its 
passage.
  I reserve the balance of my time.
  Mr. CHAFFETZ. Mr. Speaker, I yield myself such time as I may consume.
  H.R. 1080 will give the United States more tools to combat illegal, 
unregulated, and unreported (or IUU) fishing. This pirate fishing has 
had a negative impact on important fisheries and has hurt those 
fishermen and fishing nations that play by the rules. The only concern 
I have with this legislation is that we need to make sure our 
government, in setting the example to the world for transparency, does 
not sacrifice proprietary information from our domestic industries that 
would erode our competitiveness in the world's seafood market. This 
legislation walks that fine line, but we need to keep an eye on those 
who will implement this legislation.
  Mr. Speaker, I reserve the balance of my time.
  Ms. BORDALLO. Mr. Speaker, I yield the gentleman from Washington (Mr. 
Baird) as much time as he may consume.
  Mr. BAIRD. I thank the gentlelady. I rise in strong support of H.R. 
1080, and I also would like to speak in support of the prior bill on 
coral reefs. In the marine sciences, there is a phenomenon known as the 
shifting baseline, which is where you look today and say, What's the 
status of this ecosystem?
  You tend to look 10 years back, on the assumption that that's a good 
window of time. The fact, however, is that the 10-years-back window may 
be substantially degraded from 10 years prior, which was degraded from 
10 years prior, et cetera. So as we try to restore these ecosystems, we 
need to understand that many of them have been profoundly degraded over 
time, this shifting baseline is going in a negative direction, and it's 
very hard to know where we're at.
  This legislation, H.R. 1080, and the prior legislation regarding 
coral reefs, is a shift in a positive direction. We are actually 
improving the protection of our marine resources, which are so 
critical. I would say to my colleagues that if they learn and remember 
nothing else about our marine ecosystems, it would be the following 
number: 50 percent. As we speak today, 50 percent of the oxygen we are 
breathing comes from the oceans--every other breath. Yet the oceans are 
subject to assault, ranging from ocean acidification to temperature 
increase, to overfishing, which this legislation deals with, to runoff, 
to harmful algal blooms, to hypoxia, et cetera.
  I commend the gentlelady and gentleman for their leadership on this. 
I urge passage. We must make preservation of our oceans a much higher 
priority, not only for this body but for this country. I urge passage 
of both this and the prior bill.

                              {time}  1430

  Mr. CHAFFETZ. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  Mr. FALEOMAVAEGA. Mr. Speaker, I rise today in support of H.R. 1080, 
legislation to strengthen enforcement mechanisms to stop illegal, 
unreported, and unregulated fishing. I thank the Chairwoman of the 
Subcommittee on Insular Affairs, Wildlife, and Oceans for her 
leadership on this important issue. I also want to thank Chairman 
Rahall and members of the Natural Resources Committee for bringing this 
important bill for House consideration
  Mr. Speaker, the practice of illegal, unreported, and unregulated 
fishing (IUU) poses serious threats to our marine ecosystems and 
undermines our efforts to conserve and manage our ocean resources, and 
our fishing industry. Estimated at an annual global value of $10 to 
$23.5 million, IUU affects fish migration between the U.S. Exclusive 
Economic Zone (EEZ) and the high seas, and adversely impact the catch 
for our own fishing boats and subsequently restricts our fish supply. 
Overall the increasing problem of IUU clearly compromises any benefits 
from our domestic fisheries management efforts.
  This bill, H.R. 1080, provides the framework to better track and 
monitor IUU. On an international level, the publication of vessels who 
have engaged in IUU and identifying and listing nations who have not 
complied with terms of the international fisheries agreements, will 
ensure that nations will make it a high priority to improve their 
efforts in the conservation and management of fisheries resources. It 
also strengthens the cooperation between the U.S. and the international 
fisheries organizations throughout the world by providing the necessary 
technical expertise and funding in collaborative efforts to build 
capacity and to better enforcement. Importantly, this legislation 
authorizes and provides funding for a stronger enforcement mechanism to 
ensure that the U.S. complies with the many international fisheries 
treaties and agreements that the U.S. is a part of.
  I know for a fact that this has had great impact on the island 
nations in the Pacific where fishing vessels from other nations or 
pirate ships who illegally entered their waters and fished and then 
transport and exchanged their catch in the high seas. Illegal fishing 
as such has had a great impact on the local communities and the 
cultures that heavily rely on subsistence fishing. I have personally 
witnessed in my District the fact that more and more local fishermen 
have returned from long trips without any catch. This depletion is 
evident in the short supply of fish for our struggling local canneries 
which is the largest private employer in American Samoa. This is a 
clear example of the impacts of IUU and without the strong enforcement 
and regulation of our fisheries treaties and agreements, we will lose 
our fish stocks, thus, impacting our marine ecosystems and for most in 
the Pacific, their way of life.
  This legislation reinforces the fact that U.S. will not tolerate the 
ongoing onslaught of illegal fishing on our fisheries worldwide. I urge 
my colleagues to support H.R. 1080.
  Mr. SABLAN. Mr. Speaker, I rise today in support of H.R. 1080, the 
Illegal, Unreported,

[[Page H9755]]

and Unregulated Fishing Enforcement Act of 2009.
  This act provides much-needed, new tools to law enforcement to 
protect our fisheries and other marine resources and increases the 
penalties for environmental crimes.
  Unfortunately, we continue to see illegal fishing in the Exclusive 
Economic Zone (EEZ) around the Mariana Islands. Just last month NOAA 
and the coast guard apprehended a Taiwanese vessel illegally fishing in 
the EEZ of the Mariana Islands with ten tons of shark on board.
  The owner was fined $500,000 dollars, but only had to pay $200,000 
now. After three years, if the owner can show an inability to pay the 
remaining $300,000, NOAA may waive the fine.
  More amazing, the owner was allowed to keep the illegal catch.
  This is neither a punishment nor a deterrent.
  Mr. Speaker, I want to thank Chairwoman Bordallo for her 
extraordinary leadership on this legislation and ensuring our fisheries 
and marine resources are protected. I urge my colleagues to support 
H.R. 1080. Let's send a strong message to high seas criminals that 
their actions will have real consequences. And let's help our 
enforcement personnel with the tools they need to do their jobs.
  Ms. BORDALLO. Mr. Speaker, I again urge Members to support the bill, 
and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from Guam (Ms. Bordallo) that the House suspend the rules 
and pass the bill, H.R. 1080, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

                          ____________________