[Congressional Record Volume 157, Number 10 (Tuesday, January 25, 2011)]
[Senate]
[Pages S164-S171]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. INOUYE (for himself, Mr. Rockefeller, Mr. Kerry, Ms. 
        Snowe, and Ms. Cantwell):
  S. 52. A bill to establish uniform administrative and enforcement 
procedures and penalties for the enforcement of the High Seas Driftnet 
Fishing Moratorium Protection Act and similar statutes, and for other 
purposes; to the Committee on Commerce, Science, and Transportation.
  Mr. INOUYE. Mr. President, I am pleased to introduce the 
International Fisheries Stewardship and Enforcement Act, which I also 
introduced in the 111th. This bill would harmonize the enforcement 
provisions of the U.S. statutes for implementing international 
fisheries agreements to strengthen international fisheries enforcement.
  Specifically it would grant the National Oceanic and Atmospheric 
Administration, NOAA, and the U.S. Coast Guard authority to implement 
international fisheries laws, expand their authorities in carrying out 
investigations and enforcement activities, and establish interference 
with investigations as a prohibited act. It would also amend the 
enforcement provisions of statutes for implementing international 
fisheries agreements to conform to the Magnuson-Stevens Fishery 
Conservation and Management Act, while increasing both civil and 
criminal penalties for violating international fisheries laws.
  The bill also authorizes the Secretary of Commerce to maintain and 
make public a list of vessels engaged in illegal, unregulated, and 
unreported, IUU, fishing and authorize appropriate action against 
listed vessels, which will hopefully allow for strong strides in our 
fight against illegal activity.
  Finally, by creating an International Cooperation and Assistance 
Program that will provide assistance for international capacity 
building efforts, training, outreach, and education, it is my hope that 
we are able to more-successfully combat IUU fishing and promote 
international marine conservation.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.

[[Page S165]]

  There be no objection, the text of the bill was ordered to be printed 
in the Record, as follows:

                                 S. 52

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the 
     ``International Fisheries Stewardship and Enforcement Act''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:
Sec. 1. Short title; table of contents.

Title I--Administration and Enforcement of certain fishery and related 
                               statutes.

Sec. 101. Authority of the Secretary to enforce statutes.
Sec. 102. Conforming, minor, and technical amendments.
Sec. 103. Illegal, unreported, or unregulated fishing.
Sec. 104. Liability.

         Title II--Law Enforcement and International Operations

Sec. 201. International fisheries enforcement program.
Sec. 202. International cooperation and assistance program.

                  Title III--Miscellaneous Amendments

Sec. 301. Atlantic Tunas Convention Act of 1975.
Sec. 302. Data Sharing.
Sec. 303. Permits under the High Seas Fishing Compliance Act of 1995.
Sec. 304. Committee on Scientific Cooperation for Pacific Salmon 
              Agreement.
Sec. 305. Reauthorizations.

             Title IV--Implementation of Antigua Convention

Sec. 401. Short title.
Sec. 402. Amendment of the Tuna Conventions Act of 1950.
Sec. 403. Definitions.
Sec. 404. Commissioners; number, appointment, and qualifications.
Sec. 405. General advisory committee and scientific advisory 
              subcommittee.
Sec. 406. Rulemaking.
Sec. 407. Prohibited acts.
Sec. 408. Enforcement.
Sec. 409. Reduction of bycatch.
Sec. 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

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

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

       (a) In General.--
       (1) Enforcement of statutes.--The Secretary of Commerce and 
     the Secretary of the department in which the Coast Guard is 
     operating shall enforce the statutes to which this section 
     applies in accordance with the provisions of this section.
       (2) Utilization of nondepartmental resources.--The 
     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, including all elements of the Department of 
     Defense, and of any State agency, in carrying out this 
     section.
       (3) Statutes to which applicable.--This section applies 
     to--
       (A) the High Seas Driftnet Fishing Moratorium Protection 
     Act (16 U.S.C. 1826d et seq.);
       (B) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
     et seq.);
       (C) the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385);
       (D) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
     seq.);
       (E) the North Pacific Anadromous Stocks Act of 1992 (16 
     U.S.C. 5001 et seq.);
       (F) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
     seq.);
       (G) the Antarctic Marine Living Resources Convention Act of 
     1984 (16 U.S.C. 2431 et seq.);
       (H) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
     971 et seq.);
       (I) the Northwest Atlantic Fisheries Convention Act of 1995 
     (16 U.S.C. 5601 et seq.);
       (J) the Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6901 et seq.);
       (K) the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 
     et seq.);
       (L) any other Act in pari materia, so designated by the 
     Secretary after notice and an opportunity for a hearing; and
       (M) the Antigua Convention Implementing Act of 2011.
       (b) Administration and Enforcement.--The Secretary shall 
     prevent any person from violating any Act to which this 
     section applies in the same manner, by the same means, and 
     with the same jurisdiction, powers, and duties as though 
     sections 307 through 311 of the Magnuson-Stevens Fishery 
     Conservation and Management Act (16 U.S.C. 1857 through 1861) 
     were incorporated into and made a part of each such Act. 
     Except as provided in subsection (c), any person that 
     violates any Act to which this section applies is subject to 
     the penalties, and entitled to the privileges and immunities, 
     provided in the Magnuson-Stevens Fishery Conservation and 
     Management Act (16 U.S.C. 1801 et seq.) in the same manner 
     and by the same means as though sections 307 through 311 of 
     that Act were incorporated into and made a part of each such 
     Act.
       (c) Special Rules.--
       (1) In general.--Notwithstanding the incorporation by 
     reference of certain sections of the Magnuson-Stevens Fishery 
     Conservation and Management Act under subsection (b), if 
     there is a conflict between a provision of this subsection 
     and the corresponding provision of any section of the 
     Magnuson-Stevens Fishery Conservation and Management Act so 
     incorporated, the provision of this subsection shall apply.
       (2) Civil administrative enforcement.--The amount of the 
     civil penalty for a violation of any Act to which this 
     section applies shall not exceed $250,000 for each violation. 
     Each day of a continuing violation shall constitute a 
     separate violation.
       (3) Civil judicial enforcement.--The Attorney General, upon 
     the request of the Secretary, may commence a civil action in 
     an appropriate district court of the United States to enforce 
     this Act and any Act to which this section applies, and such 
     court shall have jurisdiction to award civil penalties or 
     such other relief as justice may require, including a 
     permanent or temporary injunction. The amount of the civil 
     penalty for a violation of any Act to which this section 
     applies shall not exceed $250,000 for each violation. Each 
     day of a continuing violation shall constitute a separate 
     violation. In determining the amount of a civil penalty, the 
     court shall take into account the nature, circumstances, 
     extent, and gravity of the prohibited acts committed and, 
     with respect to the violator, the degree of culpability, any 
     history of prior violations and such other matters as justice 
     may require. In imposing such penalty, the district court may 
     also consider information related to the ability of the 
     violator to pay.
       (4) Criminal fines and penalties.--
       (A) Individuals.--In the case of an individual, any offense 
     described in subsection (e)(2), (3), (4), (5), or (6) is 
     punishable by a fine of not more than $500,000, imprisonment 
     for not more than 5 years, or both. If, in the commission of 
     such offense, an individual uses a dangerous weapon, engages 
     in conduct that causes bodily injury to any officer 
     authorized to enforce the provisions of this Act, or places 
     any such officer in fear of imminent bodily injury the 
     maximum term of imprisonment is 10 years.
       (B) Other persons.--In the case of any other person, any 
     offense described in subsection (e)(2), (3), (4), (5), or (6) 
     is punishable by a fine of not more than $1,000,000.
       (5) Other criminal violations.--Any person (other than a 
     foreign government or any entity of such government) who 
     knowingly violates any provision of subsection (e) of this 
     section, or any provision of any regulation promulgated 
     pursuant to this Act, is guilty of a criminal offense 
     punishable--
       (A) in the case of an individual, by a fine of not more 
     than $500,000, imprisonment for not more than 5 years, or 
     both; and
       (B) in the case of any other person, by a fine of not more 
     than $1,000,000.
       (6) Criminal forfeitures.--
       (A) In general.--A person found guilty of an offense 
     described in subsection (e), or who is convicted of a 
     criminal violation of any Act to which this section applies, 
     shall forfeit to the United States--
       (i) any property, real or personal, constituting or 
     traceable to the gross proceeds obtained, or retained, as a 
     result of the offense including any marine species (or the 
     fair market value thereof) taken or retained in connection 
     with or as a result of the offense; and
       (ii) any property, real or personal, used or intended to be 
     used to commit or to facilitate the commission of the 
     offense, including any shoreside facility, including its 
     conveyances, structure, equipment, furniture, appurtenances, 
     stores, and cargo.
       (B) Procedure.--Pursuant to section 2461(c) of title 28, 
     United States Code, the provisions of section 413 of the 
     Controlled Substances Act (21 U.S.C. 853), other than 
     subsection (d) thereof, shall apply to criminal forfeitures 
     under this section.
       (7) Additional enforcement authority.--In addition to the 
     powers of officers authorized pursuant to subsection (b), any 
     officer who is authorized by the Secretary, or the head of 
     any Federal or State agency that has entered into an 
     agreement with the Secretary under subsection (a) to enforce 
     the provisions of any Act to which this section applies may, 
     with the same jurisdiction, powers, and duties as though 
     section 311 of the Magnuson-Stevens fishery Conservation and 
     Management Act (16 U.S.C. 1861) were incorporated into and 
     made a part of each such Act--
       (A) search or inspect any facility or conveyance used or 
     employed in, or which reasonably appears to be used or 
     employed in, the storage, processing, transport, or trade of 
     fish or fish products;
       (B) inspect records pertaining to the storage, processing, 
     transport, or trade of fish or fish products;
       (C) detain, for a period of up to 14 days, any shipment of 
     fish or fish product imported into, landed on, introduced 
     into, exported from, or transported within the jurisdiction 
     of the United States, or, if such fish or fish product is 
     deemed to be perishable, sell and retain the proceeds 
     therefrom for a period of up to 14 days; and
       (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

[[Page S166]]

     or is committing a felony; may search and seize, in 
     accordance with any guidelines which may be issued by the 
     Attorney General and may 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.
       (8) Subpoenas.--In addition to any subpoena authority 
     pursuant to subsection (b), the Secretary may, for the 
     purposes of conducting any investigation under this section, 
     or any other statute administered by the Secretary, issue 
     subpoenas for the production of relevant papers, photographs, 
     records, books, and documents in any form, including those in 
     electronic, electrical, or magnetic form.
       (d) District Court Jurisdiction.--The several district 
     courts of the United States shall have jurisdiction over any 
     actions arising under this section. For the purpose of this 
     section, American Samoa shall be included within the judicial 
     district of the District Court of the United States for the 
     District of Hawaii. Each violation shall be a separate 
     offense and the offense shall be deemed to have been 
     committed not only in the district where the violation first 
     occurred, but also in any other district as authorized by 
     law. Any offenses not committed in any district are subject 
     to the venue provisions of section 3238 of title 18, United 
     States Code.
       (e) Prohibited Acts.--It is unlawful for any person--
       (1) to violate any provision of this section or any Act to 
     which this section applies or any regulation promulgated 
     thereunder;
       (2) to refuse to permit any authorized enforcement officer 
     to board, search, or inspect a vessel, conveyance, or 
     shoreside facility that is subject to the person's control 
     for purposes of conducting any search, investigation, or 
     inspection in connection with the enforcement of this section 
     or any Act to which this section applies or any regulation 
     promulgated thereunder;
       (3) to forcibly assault, resist, oppose, impede, 
     intimidate, or interfere with any such authorized officer in 
     the conduct of any search, investigation, or inspection 
     described in paragraph (2);
       (4) to resist a lawful arrest for any act prohibited by 
     this section or any Act to which this section applies;
       (5) to interfere with, delay, or prevent, by any means, the 
     apprehension, arrest, or detection of another person, knowing 
     that such person has committed any act prohibited by this 
     section or any Act to which this section applies;
       (6) to forcibly assault, resist, oppose, impede, 
     intimidate, sexually harass, bribe, or interfere with any 
     observer on a vessel under this section or any Act to which 
     this section applies, or any data collector employed by or 
     under contract to the National Marine Fisheries Service to 
     carry out responsibilities under this section or any Act to 
     which this section applies;
       (7) to import, export, transport, sell, receive, acquire, 
     or purchase in interstate or foreign commerce any fish or 
     fish product taken, possessed, transported, or sold in 
     violation of any treaty or binding conservation measure 
     adopted pursuant to an international agreement or 
     organization to which the United States is a party; or
       (8) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.
       (f) Regulations.--The Secretary may promulgate such 
     regulations, in accordance with section 553 of title 5, 
     United States Code, as may be necessary to carry out this 
     section or any Act to which this section applies.

     SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMENDMENTS.

       (a) High Seas Driftnet Fishing Moratorium Protection Act.--
       (1) Section 606 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826g) is amended--
       (A) by inserting ``(a) Detecting, Monitoring, and 
     Preventing Violations.--'' before ``The President''; and
       (B) by adding at the end thereof the following:
       ``(b) Enforcement.--This Act shall be enforced under 
     section 101 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (2) Section 607(2) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826h(2)) is amended by 
     striking ``whose vessels'' and inserting ``that''.
       (3) Section 609(a) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended to 
     read as follows:
       ``(a) Identification.--
       ``(1) In general.--The Secretary shall identify, and list 
     in the report under section 607, a nation if that nation is 
     engaged, or has been engaged at any time during the preceding 
     3 years, in illegal, unreported, or unregulated fishing and--
       ``(A) such fishing undermines the effectiveness of measures 
     required under the relevant international fishery management 
     organization;
       ``(B) the relevant international fishery management 
     organization has failed to implement effective measures to 
     end the illegal, unreported, or unregulated fishing activity 
     by vessels of that nation, or the nation is not a party to, 
     or does not maintain cooperating status with, such 
     organization; or
       ``(C) there is no international fishery management 
     organization with a mandate to regulate the fishing activity 
     in question.
       ``(2) Other identifying activities.--The Secretary shall 
     also identify, and list in the report under section 607, a 
     nation if--
       ``(A) it is violating, or has violated at any time during 
     the preceding 3 years, conservation and management measures 
     required under an international fishery management agreement 
     to which the United States is a party and the violations 
     undermine the effectiveness of such measures, taking into 
     account the factors described in paragraph (1); or
       ``(B) it is failing, or has failed at any time during the 
     preceding 3 years, to effectively address or regulate 
     illegal, unreported, or unregulated fishing in areas 
     described in paragraph (1)(C).
       ``(3) Treatment of certain entities as if they were 
     nations.--Where the provisions of this Act apply to the act, 
     or failure to act, of a nation, they shall also be 
     applicable, as appropriate, to any other entity that is 
     competent to enter into an international fishery management 
     agreement.''.
       (4) Section 609(d)(1) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(d)(1)) is amended 
     by striking ``of its fishing vessels'' each place it appears.
       (5) Section 609(d)(2) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(d)(2)) is 
     amended--
       (A) by striking ``procedure for certification,'' and 
     inserting ``procedure,'';
       (B) by striking ``basis of fish'' and inserting ``basis, 
     for allowing importation of fish''; and
       (C) by striking ``harvesting nation not certified under 
     paragraph (1)'' and inserting ``nation issued a negative 
     certification under paragraph (1)''.
       (6) Section 610(a)(1) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is 
     amended--
       (A) by striking ``calendar year'' and inserting ``3 
     years''; and
       (B) by striking ``practices;'' and inserting ``practices--
     ''.
       (b) Dolphin Protection Consumer Information Act.--Section 
     901 of the Dolphin Protection Consumer Information Act (16 
     U.S.C. 1385) is amended--
       (1) by adding at the end of subsection (d) the following:
       ``(4) It is a violation of section 101 of the International 
     Fisheries Stewardship and Enforcement Act for any person to 
     assault, resist, oppose, impede, intimidate, or interfere 
     with and authorized officer in the conduct of any search, 
     investigation or inspection under this Act.''; and
       (2) by striking subsection (e) and inserting the following:
       ``(e) Enforcement.--This Act shall be enforced under 
     section 101 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (c) Tuna Conventions Act of 1950.--Section 8 of the Tuna 
     Conventions Act of 1950 (16 U.S.C. 957) is amended--
       (1) by striking ``regulations.'' in subsection (a) and 
     inserting ``regulation or for any person to make or submit 
     any false record, account, or label for, or any false 
     identification of, any fish or fish product (including the 
     false identification of species, harvesting vessel or nation 
     or the location where harvested) which has been, or is 
     intended to be imported, exported, transported, sold, offered 
     for sale, purchased, or received in interstate or foreign 
     commerce.'';
       (2) by striking subsection (d) and inserting the following:
       ``(d) It shall be unlawful for any person--
       ``(1) to refuse to permit any officer authorized to enforce 
     the provisions of this Act to board a fishing vessel subject 
     to such person's control for purposes of conducting any 
     search, investigation, or inspection in connection with the 
     enforcement of this Act or any regulation promulgation or 
     permit issued under this Act;
       ``(2) 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 (1);
       ``(3) to resist a lawful arrest for any act prohibited by 
     this section; or
       ``(4) to interfere with, delay, or prevent, by any means, 
     the apprehension or arrest of another person, knowing that 
     such other person has committed any act prohibited by this 
     section.'';
       (3) by striking subsections (e) through (g) and 
     redesignating subsection (h) as subsection (f); and
       (4) by inserting after subsection (d) the following:
       ``(e) Enforcement.--This section shall be enforced under 
     section 101 of the International Fisheries Stewardship and 
     Enforcement Act.''.
       (d) Northern Pacific Anadromous Stocks Act of 1992.--
       (1) Unlawful activities.--Section 810 of the Northern 
     Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is 
     amended--
       (A) by striking ``purchases'' in paragraph (5) and 
     inserting ``purposes'';
       (B) by striking ``search or inspection'' in paragraph (5) 
     and inserting ``search, investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph (6) 
     and inserting ``search, investigation, or inspection'';

[[Page S167]]

       (D) by striking ``or'' after the semicolon in paragraph 
     (8);
       (E) by striking ``title.'' in paragraph (9) and inserting 
     ``title; or''; and
       (F) by adding at the end thereof the following:
       ``(10) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''.
       (2) Administration 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. ADMINISTRATION AND ENFORCEMENT.

       ``This Act shall be enforced under section 101 of the 
     International Fisheries Stewardship and Enforcement Act.''.
       (e) Pacific Salmon Treaty Act of 1985.--Section 8 of the 
     Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) is 
     amended--
       (1) by striking ``search or inspection'' in subsection 
     (a)(2) and inserting ``search, investigation, or 
     inspection'';
       (2) by striking ``search or inspection'' in subsection 
     (a)(3) and inserting ``search, investigation, or 
     inspection'';
       (3) by striking ``or'' after the semicolon in subsection 
     (a)(5);
       (4) by striking ``section.'' in subsection (a)(6) and 
     inserting ``section; or'';
       (5) by adding at the end of subsection (a) the following:
       ``(7) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''; and
       (6) by striking subsections (b) through (f) and inserting 
     the following:
       ``(b) Administration and Enforcement.--This Act shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (f) South Pacific Tuna Act of 1988.--
       (1) Prohibited acts.--Section 5(a) of the South Pacific 
     Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
       (A) by striking ``search or inspection'' in paragraph (8) 
     and inserting ``search, investigation, or inspection'';
       (B) by striking ``search or inspection'' in paragraph 
     (10)(A) and inserting ``search, investigation, or 
     inspection'';
       (C) by striking ``or'' after the semicolon in paragraph 
     (12);
       (D) by striking `` retained.'' in paragraph (13) and 
     inserting ``retained; or''; and
       (E) by adding at the end thereof the following:
       ``(14) for any person to make or submit any false record, 
     account, or label for, or any false identification of, any 
     fish or fish product (including false identification of the 
     species, harvesting vessel or nation, or the location where 
     harvested) which has been, or is intended to be imported, 
     exported, transported, sold, offered for sale, purchased, or 
     received in interstate or foreign commerce.''.
       (2) Administration and enforcement.--The South Pacific Tuna 
     Act of 1988 (16 U.S.C. 973 et seq.) is amended by striking 
     sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the 
     following:

     ``SEC. 7. ADMINISTRATION AND ENFORCEMENT.

       ``This Act shall be enforced under section 101 of the 
     International Fisheries Stewardship and Enforcement Act.''.
       (g) Antarctic Marine Living Resources Convention Act of 
     1984.--
       (1) Unlawful activities.--Section 306 of the Antarctic 
     Marine Living Resources Convention Act (16 U.S.C. 2435) is 
     amended--
       (A) by striking ``which he knows, or reasonably should have 
     known, was'' in paragraph (3);
       (B) by striking ``search or inspection'' in paragraph (4) 
     and inserting ``search, investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph (5) 
     and inserting ``search, investigation, or inspection'';
       (D) by striking ``or'' after the semicolon in paragraph 
     (6);
       (E) by striking ``section.'' in paragraph (7) and inserting 
     ``section; or''; and
       (F) by adding at the end thereof the following:
       ``(8) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''.
       (2) Regulations.--Section 307 of the Antarctic Marine 
     Living Resources Convention Act (16 U.S.C. 2436) is amended 
     by inserting after ``title.'' the following: 
     ``Notwithstanding the provisions of subsections (b), (c), and 
     (d) of section 553 of title 5, United States Code, the 
     Secretary of Commerce may publish in the Federal Register a 
     final rule to implement conservation measures, described in 
     section 305(a) of this Act, that are in effect for 12 months 
     or less, adopted by the Commission, and not objected to by 
     the United States within the time period allotted under 
     Article IX of the Convention. Upon publication in the Federal 
     Register, such conservation measures shall be in force with 
     respect to the United States.''.
       (3) Penalties and Enforcement.--The Antarctic Marine Living 
     Resources Convention Act (16 U.S.C. 2431 et seq.) is 
     amended--
       (A) by striking sections 308 and 309 (16 U.S.C. 2437 and 
     2438);
       (B) by striking subsection (b), (c), and (d) of section 310 
     (16 U.S.C. 2439) and redesignating subsection (e) as 
     subsection (c); and
       (C) by inserting after subsection (a) the following:
       ``(b) Administration and Enforcement.--This title shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (h) Atlantic Tunas Convention Act of 1975.--
       (1) Violations.--Section 7 of the Atlantic Tunas Convention 
     Act of 1975 (16 U.S.C. 971e) is amended--
       (A) by striking subsections (e) and (f) and redesignating 
     subsection (g) as subsection (f); and
       (B) by inserting after subsection (d) the following:
       ``(e) Mislabeling.--It shall be unlawful for any person to 
     make or submit any false record, account, or label for, or 
     any false identification of, any fish or fish product 
     (including the false identification of the species, 
     harvesting vessel or nation, or the location where harvested) 
     which has been, or is intended to be, imported, exported, 
     transported, sold, offered for sale, purchased or received in 
     interstate or foreign commerce.''.
       (2) Enforcement.--Section 8 of the Atlantic Tunas 
     Convention Act of 1975 (16 U.S.C. 971f) is amended--
       (A) by striking subsections (a) and (c);
       (B) by striking ``(b) International Enforcement.--'' in 
     subsection (b) and inserting ``This Act shall be enforced 
     under section 101 of the International Fisheries Stewardship 
     and Enforcement Act.''; and
       (C) by striking ``shall have the authority to carry out the 
     enforcement activities specified in section 8(a) of this 
     Act'' each place it appears and inserting ``shall enforce 
     this Act''.
       (i) 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) by striking ``AND PENALTIES.'' in the section caption 
     and inserting ``AND ENFORCEMENT.'';
       (2) by striking ``search or inspection'' in subsection 
     (a)(2) and inserting ``search, investigation, or 
     inspection'';
       (3) by striking ``search or inspection'' in subsection 
     (a)(3) and inserting ``search, investigation, or 
     inspection'';
       (4) by striking ``or'' after the semicolon in subsection 
     (a)(5);
       (5) by striking ``section.'' in subsection (a)(6) and 
     inserting ``section ; or'';
       (6) by adding at the end of subsection (a) the following:
       ``(7) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''; and
       (7) by striking subsection (b) through (f) and inserting 
     the following:
       ``(b) Administration and Enforcement.--This title shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (j) Western and Central Pacific Fisheries Convention 
     Implementation Act.--
       (1) Adminstration and enforcement.--Section 506(c) of the 
     Western and Central Pacific Fisheries Convention 
     Implementation Act (16 U.S.C. 6905(c)) is amended to read as 
     follows:
       ``(c) Administration and Enforcement.--This title shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.
       (2) Prohibited acts.--Section 507(a) of the Western and 
     Central Pacific Fisheries Convention Implementation Act (16 
     U.S.C. 6906(a)) is amended--
       (A) by striking ``suspension, on'' in paragraph (2) and 
     inserting ``suspension of'';
       (B) by striking ``title.'' in paragraph (14) and inserting 
     ``title; or''; and
       (C) by adding at the end thereof the following:
       ``(15) to make or submit any false record, account, or 
     label for, or any false identification of, any fish or fish 
     product (including false identification of the species, 
     harvesting vessel or nation, or the location where harvested) 
     which has been, or is intended to be imported, exported, 
     transported, sold, offered for sale, purchased, or received 
     in interstate or foreign commerce.''.
       (k) Northern Pacific Halibut Act of 1982.--
       (1) Prohibited acts.--Section 7 of the Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773e) is amended--
       (A) by redesignating subdivisions (a) and (b) as paragraphs 
     (1) and (2), respectively, and subdivisions (1) through (6) 
     of paragraph (1), as redesignated, as subparagraphs (A) 
     through (F);
       (B) by striking ``search or inspection'' in paragraph 
     (1)(B), as redesignated, and inserting ``search, 
     investigation, or inspection'';
       (C) by striking ``search or inspection'' in paragraph 
     (1)(C), as redesignated, and inserting ``search, 
     investigation, or inspection'';

[[Page S168]]

       (D) by striking ``or'' after the semicolon in paragraph 
     (1)(E), as redesignated;
       (E) by striking ``section.'' in paragraph (1)(F), as 
     redesignated, and inserting ``section;''; and
       (F) by adding at the end of paragraph (1), as redesignated, 
     the following:
       ``(G) to make or submit any false record, account, or label 
     for, or any false identification of, any fish or fish product 
     (including false identification of the species, harvesting 
     vessel or nation, or the location where harvested) which has 
     been, or is intended to be imported, exported, transported, 
     sold, offered for sale, purchased, or received in interstate 
     or foreign commerce.''.
       (2) Administration and enforcement.--The Northern Pacific 
     Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended--
       (A) by striking sections 3, 9, and 10 (16 U.S.C. 773f, 
     773g, and 773h); and
       (B) by striking subsections (b) through (f) of section 11 
     (16 U.S.C. 773i) and inserting the following:
       ``(b) Administration and Enforcement.--This Act shall be 
     enforced under section 101 of the International Fisheries 
     Stewardship and Enforcement Act.''.

     SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

       (a) In General.--Section 608 of the High Seas Driftnet 
     Fishing Moratorium Protection Act (16 U.S.C. 1826i), as 
     amended by section 302(a) of this Act, is further amended by 
     adding at the end thereof the following:
       ``(c) Vessels and Vessel Owners Engaged in Illegal, 
     Unreported, or Unregulated Fishing.--The Secretary may--
       ``(1) develop, maintain, and make public a list of vessels 
     and vessel owners engaged in illegal, unreported, or 
     unregulated fishing, including vessels or vessel owners 
     identified by an international fishery management 
     organization or arrangement made pursuant to an international 
     fishery agreement, whether or not the United States is a 
     party to such organization or arrangement;
       ``(2) take appropriate action against listed vessels and 
     vessel owners, including action against fish, fish parts, or 
     fish products from such vessels, in accordance with 
     applicable United States law and consistent with applicable 
     international law, including principles, rights, and 
     obligations established in applicable international fishery 
     management and trade agreements; and
       ``(3) provide notification to the public of vessels and 
     vessel owners identified by international fishery management 
     organizations or arrangements made pursuant to an 
     international fishery agreement as having been engaged in 
     illegal, unreported, or unregulated fishing, as well as any 
     measures adopted by such organizations or arrangements to 
     address illegal, unreported, or unregulated fishing.
       ``(d) Restrictions on Port Access or Use.--Action taken by 
     the Secretary under subsection (c)(2) that includes measures 
     to restrict use of or access to ports or port services shall 
     apply to all ports of the United States and its territories.
       ``(e) Regulations.--The Secretary may promulgate 
     regulations to implement subsections (c) and (d).''.
       (b) Additional Measures.--
       (1) Amendment of the high seas driftnet fishing moratorium 
     protection act.--
       (A) Section 609(d)(3) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j(d)(3)) is amended 
     by striking ``that has not been certified by the Secretary 
     under this subsection, or'' in subparagraph (A)(i).
       (B) Section 610(c)(5) of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is amended 
     by striking ``that has not been certified by the Secretary 
     under this subsection, or''.
       (2) Amendment of the high seas driftnet fisheries 
     enforcement act.--
       (A) Section 101 of the High Seas Driftnet Fisheries 
     Enforcement Act (16 U.S.C. 1826a) is amended--
       (i) by striking subsection (a)(2) and inserting the 
     following:
       ``(2) Denial of port privileges.--The Secretary of the 
     Treasury shall, in accordance with recognized principles of 
     international law--
       ``(A) withhold or revoke the clearance required by section 
     60105 of title 46, United States Code, for--
       ``(i) any large-scale driftnet fishing vessel that is 
     documented under the law of the United States or of a nation 
     included on a list published under paragraph (1); or
       ``(ii) any fishing vessel of a nation that receives a 
     negative certification under section 609(d) or 610(c) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d) or 1826k(c)); and
       ``(B) deny entry of that vessel to any place in the United 
     States and to the navigable waters of the United States, 
     except for the purpose of inspecting the vessel, conducting 
     an investigation, or taking other appropriate enforcement 
     action.'';
       (ii) by striking ``or illegal, unreported, or unregulated 
     fishing'' each place it appears in subsection (b)(1) and (2);
       (iii) by striking ``or'' after the semicolon in subsection 
     (b)(3)(A)(i);
       (iv) by striking ``nation.'' in subsection (b)(3)(A)(ii) 
     and inserting ``nation; or'';
       (v) by adding at the end of subsection (b)(3)(A) the 
     following:
       ``(iii) upon receipt of notification of a negative 
     certification under section 609(d)(1) or 610(c)(1) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d)(1) or 1826k(c)(1)).'';
       (vi) by inserting ``or after issuing a negative 
     certification under section 609(d)(1) or 610(c)(1) of the 
     High Seas Driftnet Fishing Moratorium Protection Act (16 
     U.S.C. 1826j(d)(1) or 1826k(c)(1),'' after ``paragraph (1),'' 
     in subsection (b)(4)(A); and
       (vii) by striking subsection (b)(4)(A)(i) and inserting the 
     following:
       ``(i) any prohibition established under paragraph (3) is 
     insufficient to cause that nation--
       ``(I) to terminate large-scale driftnet fishing conducted 
     by its nationals and vessels beyond the exclusive economic 
     zone of any nation;
       ``(II) to address illegal, unreported, or unregulated 
     fishing activities for which a nation has been identified 
     under section 609 of the High Seas Driftnet Fishing 
     Moratorium Protection Act (16 U.S.C. 1826j); or
       ``(III) to address bycatch of a protected living marine 
     resource for which a nation has been identified under section 
     610 of such Act (16 U.S.C. 1826k); or''.
       (B) Section 102 of the High Seas Driftnet Fisheries 
     Enforcement Act (16 U.S.C. 1826b) is amended by striking 
     ``such nation has terminated large-scale driftnet fishing or 
     illegal, unreported, or unregulated fishing by its nationals 
     and vessels beyond the exclusive economic zone of any 
     nation.'' and inserting ``such nation has--
       ``(1) terminated large-scale driftnet fishing by its 
     nationals and vessels beyond the exclusive economic zone of 
     any nation;
       ``(2) addressed illegal, unreported, or unregulated fishing 
     activities for which a nation has been identified under 
     section 609 of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826j); or
       ``(3) addressed bycatch of a protected living marine 
     resource for which a nation has been identified under section 
     610 of that Act (16 U.S.C. 1826k).''.

     SEC. 104. LIABILITY.

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

        TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS.

     SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PROGRAM.

       (a) Establishment.--
       (1) In general.--Within 12 months after the date of the 
     enactment of this Act, the Secretary shall, subject to the 
     availability of appropriations, establish an International 
     Fisheries Enforcement Program within the Office of Law 
     Enforcement of the National Marine Fisheries Service.
       (2) Purpose.--The Program shall be an interagency program 
     established and administered by the Secretary in coordination 
     with the heads of other departments and agencies for the 
     purpose of detecting and investigating illegal, unreported, 
     or unregulated fishing activity and enforcing the provisions 
     of this Act.
       (3) Staff.--The Program shall be staffed with 
     representation from the Coast Guard, Customs and Border 
     Protection, the Food and Drug Administration, and any other 
     department or agency determined by the Secretary to be 
     appropriate and necessary to detect and investigate illegal, 
     unreported, or unregulated fishing activity and enforce the 
     provisions of this Act.
       (b) Program Actions.--
       (1) Staffing and other resources.--At the request of the 
     Secretary, the heads of other departments and agencies 
     providing staff for the Program shall--
       (A) by agreement, on a reimbursable basis or otherwise, 
     participate in staffing the Program;
       (B) by agreement, on a reimbursable basis or otherwise, 
     share personnel, services, equipment (including aircraft and 
     vessels), and facilities with the Program; and
       (C) to the extent possible, and consistent with other 
     applicable law, extend the enforcement authorities provided 
     by their enabling legislation to the other departments and 
     agencies participating in the Program for the purposes of 
     conducting joint operations to detect and investigate 
     illegal, unreported or unregulated fishing activity and 
     enforcing the provisions of this Act.
       (2) Budget.--The Secretary and the heads of other 
     departments and agencies providing staff for the Program, 
     may, at their discretion, develop interagency plans and 
     budgets and engage in interagency financing for such 
     purposes.
       (3) 5-year plan.--Within 180 days after the date on which 
     the Program is established under subsection (a), the 
     Secretary shall develop a 5-year strategic plan for guiding 
     interagency and intergovernmental international fisheries 
     enforcement efforts to carry out the provisions of this Act. 
     The Secretary shall update the plan periodically as 
     necessary, but at least once every 5 years.
       (4) Cooperative activities.--The Secretary, in coordination 
     with the heads of other departments and agencies providing 
     staff for the Program, may--
       (A) create and participate in task forces, committees, or 
     other working groups with other Federal, State or local 
     governments as well as with the governments of other nations 
     for the purposes of detecting and investigating illegal, 
     unreported, or unregulated fishing activity and carrying out 
     the provisions of this Act; and

[[Page S169]]

       (B) enter into agreements with other Federal, State, or 
     local governments as well as with the governments of other 
     nations, on a reimbursable basis or otherwise, for such 
     purposes.
       (c) Powers of Authorized Officers.--Notwithstanding any 
     other provision of law, while operating under an agreement 
     with the Secretary entered into under section 101 of this 
     Act, and conducting joint operations as part of the Program 
     for the purposes of detecting and investigating illegal, 
     unreported or unregulated fishing activity and enforcing the 
     provisions of this Act, authorized officers shall have the 
     powers and authority provided in that section.
       (d) Information collection, maintenance and use.--
       (1) In general.--The Secretary and the heads of other 
     departments and agencies providing staff for the Program 
     shall, to the maximum extent allowable by law, share all 
     applicable information, intelligence and data, related to the 
     harvest, transportation or trade of fish and fish product in 
     order to detect and investigate illegal, unreported, or 
     unregulated fishing activity and to carry out the provisions 
     of this Act.
       (2) Coordination of data.--The Secretary, through the 
     Program, shall coordinate the collection, storage, analysis, 
     and dissemination of all applicable information, 
     intelligence, and data related to the harvest, 
     transportation, or trade of fish and fish product collected 
     or maintained by the member agencies of the Program.
       (3) Confidentiality.--The Secretary, through the Program, 
     shall ensure the protection and confidentiality required by 
     law for information, intelligence, and data related to the 
     harvest, transportation, or trade of fish and fish product 
     obtained by the Program.
       (4) Data standardization.--The Secretary and the heads of 
     other departments and agencies providing staff for the 
     Program shall, to the maximum extent practicable, develop 
     data standardization for fisheries related data for Program 
     agencies and with international fisheries enforcement 
     databases as appropriate.
       (5) Assistance from intelligence community.--Upon request 
     of the Secretary, elements of the intelligence community (as 
     defined in section 3(4) of the National Security Act of 1947 
     (50 U.S.C. 401a(4))) shall collect information related to 
     illegal, unreported, or unregulated fishing activity outside 
     the United States about individuals who are not United States 
     persons (as defined in section 105A(c)(2) of such Act (50 
     U.S.C. 403-5a(c)(2))). Such elements of the intelligence 
     community shall collect and share such information with the 
     Secretary through the Program for law enforcement purposes in 
     order to detect and investigate illegal, unreported, or 
     unregulated fishing activities and to carry out the 
     provisions of this Act. All collection and sharing of 
     information shall be in accordance with the National Security 
     Act of 1947 (50 U.S.C. 401 et seq.).
       (6) Information sharing.--The Secretary, through the 
     Program, shall have authority to share fisheries-related data 
     with other Federal or State government agency, foreign 
     government, the Food and Agriculture Organization of the 
     United Nations, or the secretariat or equivalent of an 
     international fisheries management organization or 
     arrangement made pursuant to an international fishery 
     agreement, if--
       (A) such governments, organizations, or arrangements have 
     policies and procedures to safeguard such information from 
     unintended or unauthorized disclosure; and
       (B) the exchange of information is necessary--
       (i) to ensure compliance with any law or regulation 
     enforced or administered by the Secretary;
       (ii) to administer or enforce treaties to which the United 
     States is a party;
       (iii) to administer or enforce binding conservation 
     measures adopted by any international organization or 
     arrangement to which the United States is a party;
       (iv) to assist in investigative, judicial, or 
     administrative enforcement proceedings in the United States; 
     or
       (v) to assist in any fisheries or living marine resource 
     related law enforcement action undertaken by a law 
     enforcement agency of a foreign government, or in relation to 
     a legal proceeding undertaken by a foreign government.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated $30,000,000 to the Secretary for each of 
     fiscal years 2012 through 2017 to carry out this section.

     SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

       (a) International Cooperation and Assistance Program.--The 
     Secretary may establish an international cooperation and 
     assistance program, including grants, to provide assistance 
     for international 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;
       (2) provide funding and technical expertise to other 
     nations to assist them in reducing the loss and environmental 
     impacts of derelict fishing gears, reducing the bycatch of 
     living marine resources, and promoting international marine 
     resource conservation;
       (3) provide funding, technical expertise, and training, in 
     cooperation with the International Fisheries Enforcement 
     Program under section 201 of this Act, to other nations to 
     aid them in building capacity for enhanced fisheries 
     management, fisheries monitoring, catch and trade tracking 
     activities, enforcement, and international marine resource 
     conservation;
       (4) establish partnerships with other Federal agencies, as 
     appropriate, to ensure that fisheries development assistance 
     to other nations is directed toward 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 are authorized 
     to be appropriated to the Secretary $5,000,000 for each of 
     fiscal years 2012 through 2017 to carry out this section. -

                  TITLE III--MISCELLANEOUS AMENDMENTS

     SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.

       (a) Elimination of Annual Report.--Section 11 of the 
     Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971j) is 
     repealed.
       (b) Certain Regulations.--Section 971d(c)(2) of the 
     Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971d(c)(2)) 
     is amended--
       (1) by inserting ``(A)'' after ``(2)'';
       (2) by striking ``(A) submission'' and inserting ``the 
     presentation'';
       (3) by striking ``arguments, and (B) oral presentation at a 
     public hearing. Such'' and inserting ``written or oral 
     statements at a public hearing. After consideration of such 
     presentations, the ''; and
       (4) by adding at the end thereof the following:
       ``(B) The Secretary may issue final regulations to 
     implement Commission recommendations referred to in paragraph 
     (1) of this subsection concerning trade restrictive measures 
     against nations or fishing entities without regard to the 
     requirements of subparagraph (A) of this paragraph and 
     subsections (b) and (c) of section 553 of title 5, United 
     States Code.''.

     SEC. 302. DATA SHARING.

       (a) High Seas Driftnet Fishing Moratorium Protection Act.--
     Section 608 of the High Seas Driftnet Fishing Moratorium 
     Protection Act (16 U.S.C. 1826i) is amended--
       (1) by inserting ``(a) In General.--'' before ``The 
     Secretary,'';
       (2) by striking ``organizations'' the first place it 
     appears and inserting, ``organizations, or arrangements made 
     pursuant to an international fishery agreement (as defined in 
     section 3(24) of the Magnuson-Stevens Fishery Conservation 
     and Management Act),'';
       (3) by striking ``and'' after the semicolon in paragraph 
     (2)(C);
       (4) by striking ``territories.'' in paragraph (3) and 
     inserting ``territories; and''; and
       (5) by adding at the end thereof the following:
       ``(4) urging other nations, through the regional fishery 
     management organizations of which the United States is a 
     member, bilaterally and otherwise to seek and foster the 
     sharing of accurate, relevant, and timely information--
       ``(A) to improve the scientific understanding of marine 
     ecosystems;
       ``(B) to improve fisheries management decisions;
       ``(C) to promote the conservation of protected living 
     marine resources;
       ``(D) to combat illegal, unreported, and unregulated 
     fishing; and
       ``(E) to improve compliance with conservation and 
     management measures in international waters.
       ``(b) Information Sharing.--In carrying out this section, 
     the Secretary may disclose, as necessary and appropriate, 
     information to the Food and Agriculture Organization of the 
     United Nations, international fishery management 
     organizations (as so defined), or arrangements made pursuant 
     to an international fishery agreement, if such organizations 
     or arrangements have policies and procedures to safeguard 
     such information from unintended or unauthorized 
     disclosure.''.
       (b) Conforming Amendment.--Section 402(b)(1) of the 
     Magnuson-Stevens Fishery Conservation and Management Act (16 
     U.S.C. 1881a(b)(1)) is amended--
       (1) by striking ``or'' after the semicolon in subparagraph 
     (G);
       (2) by redesignating subparagraph (H) as subparagraph (J); 
     and
       (3) by inserting after subparagraph (G) the following:
       ``(H) to the Food and Agriculture Organization of the 
     United Nations, international fishery management 
     organizations, or arrangements made pursuant to an 
     international fishery agreement as provided for in the High 
     Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
     1826i(b));
       ``(I) to any other Federal or State government agency, 
     foreign government, the Food and Agriculture Organization of 
     the United Nations, or the secretariat or equivalent of an 
     international fisheries management organization or 
     arrangement made pursuant to an international fishery 
     agreement, as provided in section 201(d)(6) of the 
     International

[[Page S170]]

     Fisheries Stewardship and Enforcement Act; or''.

     SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT 
                   OF 1995.

       Section 104(f) of the High Seas Fishing Compliance Act (16 
     U.S.C. 5503(f)) is amended to read as follows:
       ``(f) Validity.--A permit issued under this section is void 
     if--
       ``(1) 1 or more permits or authorizations required for a 
     vessel to fish, in addition to a permit issued under this 
     section, expire, are revoked, or are suspended; or
       ``(2) the vessel is no longer eligible for United States 
     documentation, such documentation is revoked or denied, or 
     the vessel is deleted from such documentation.''.

     SEC. 304. COMMITTEE ON SCIENTIFIC COOPERATION FOR PACIFIC 
                   SALMON AGREEMENT.

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

     SEC. 305. REAUTHORIZATIONS.

       (a) International Dolphin Conservation Program.--Section 
     304(c)(1) of the Marine Mammal Protection Act (16 U.S.C. 
     1414a(c)(1)) is amended by adding at the end thereof the 
     following:
       ``(E) $1,000,000 for each of fiscal years 2009 through 
     2013.''.
       (b) Pacific Salmon Treaty Act of 1985.--Section 16(d)(2)(A) 
     of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
     3645(d)(2)(A)) is amended by striking ``and 2009,'' and 
     inserting ``2009, 2010, 2011, 2012, and 2013,''.
       (c) South Pacific Tuna Act of 1988.--Section 20(a) of the 
     South Pacific Tuna Act of 1988 (16 U.S.C. 973r(a)) is amended 
     by striking ``1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 
     2000, 2001, and 2002,'' each place it appears and inserting 
     ``2009 through 2013''.

           TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Antigua Convention 
     Implementing Act of 2011''.

     SEC. 402. 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. 403. 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) Import.--The term `import' means to land on, bring 
     into, or introduce into, or attempt to land on, bring into, 
     or introduce into, any place subject to the jurisdiction of 
     the United States, whether or not such landing, bringing, or 
     introduction constitutes an importation within the meaning of 
     the customs laws of the United States.
       ``(5) Person.--The term `person' means an individual, 
     partnership, corporation, or association subject to the 
     jurisdiction of the United States.
       ``(6) United states.--The term `United States' includes all 
     areas under the sovereignty of the United States.
       ``(7) U.S. commissioners.--The term `U.S. commissioners' 
     means the members of the commission.
       ``(8) U.S. section.--The term `U.S. section' means the U.S. 
     Commissioners to the Commission and a designee of the 
     Secretary of State.''.

     SEC. 404. COMMISSIONERS; NUMBER, APPOINTMENT, AND 
                   QUALIFICATIONS.

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

     ``SEC. 3. COMMISSIONERS.

       ``(a) Commissoners.--The United States shall be represented 
     on the Commission by 5 United States Commissioners. The 
     President shall appoint individuals to serve on the 
     Commission at the pleasure of the President. In making the 
     appointments, the President shall select Commissioners from 
     among individuals who are knowledgeable or experienced 
     concerning highly migratory fish stocks in the eastern 
     tropical Pacific Ocean, one of whom shall be an officer or 
     employee of the Department of Commerce, one of whom shall be 
     the chairman or a member of the Western Pacific Fishery 
     Management Council, and one of whom shall be the chairman or 
     a member of the Pacific Fishery Management Council. Not more 
     than 2 Commissioners may be appointed who reside in a State 
     other than a State whose vessels maintain a substantial 
     fishery in the area of the Convention.
       ``(b) Alternate Commissioners.--The Secretary of State, in 
     consultation with the Secretary, may designate from time to 
     time and for periods of time deemed appropriate Alternate 
     United States Commissioners to the Commission. Any Alternate 
     United States Commissioner may exercise, at any meeting of 
     the Commission or of the General Advisory Committee or 
     Scientific Advisory Subcommittee established pursuant to 
     section 4(b), all powers and duties of a United States 
     Commissioner in the absence of any Commissioner appointed 
     pursuant to subsection (a) of this section for whatever 
     reason. The number of such Alternate United States 
     Commissioners that may be designated for any such meeting 
     shall be limited to the number of United States Commissioners 
     appointed pursuant to subsection (a) of this section who will 
     not be present at such meeting.
       ``(c) Administrative Matters.--
       ``(1) Employment status.--Individuals serving as such 
     Commissioners, other than officers or employees of the United 
     States Government, shall not be considered Federal employees 
     except for the purposes of injury compensation or tort claims 
     liability as provided in chapter 81 of title 5, United States 
     Code, and chapter 171 of title 28, United States Code.
       ``(2) Compensation.--The United States Commissioners or 
     Alternate Commissioners, although officers of the United 
     States while so serving, shall receive no compensation for 
     their services as such 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 IATTC and other 
     meetings the Secretary deems necessary to fulfill their 
     duties, in accordance with the Federal Travel Regulations and 
     sections 5701, 5702, 5704 through 5708, and 5731 of title 5, 
     United States Code.
       ``(B) The Secretary may reimburse the Secretary of State 
     for amounts expended by the Secretary of State under this 
     subsection.''.

     SEC. 405. 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 U.S. 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 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 
     Section and at such meetings shall be given opportunity to 
     examine and to be heard on all proposed programs of 
     investigation, reports, recommendations, and regulations of 
     the Commission.
       ``(E) The General Advisory Committee shall determine its 
     organization, and prescribe its practices and procedures for 
     carrying out its functions under this chapter, the Magnuson-
     Stevens Fishery Conservation and Management Act (16 U.S.C. 
     1801 et seq.), and the Convention. The General Advisory 
     Committee shall publish and make available to the public a 
     statement of its organization, practices and procedures. 
     Meetings of the General Advisory Committee, except when in 
     executive session, shall be open to the public, and prior 
     notice of meetings shall be made public in timely fashion. 
     The General Advisory Committee shall not be subject to the 
     Federal Advisory Committee Act (5 U.S.C. App.).
       ``(2) Information sharing.--The Secretary and the Secretary 
     of State shall furnish the General Advisory Committee with 
     relevant information concerning fisheries and international 
     fishery agreements.
       ``(3) Administrative matters.--

[[Page S171]]

       ``(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.''; and
       (2) by striking so much of subsection (b) as precedes 
     paragraph (2) and inserting the following:
       ``(b) Scientific Advisory Committee.--(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.''.

     SEC. 406. RULEMAKING.

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

     ``SEC. 6. RULEMAKING.'' ; and
       (2) by striking subsections (a) and (b) and inserting the 
     following:
       ``(a) Regulations.--The Secretary, in consultation with the 
     Secretary of State and, with respect to enforcement measures, 
     the Secretary of the Department in which the Coast Guard is 
     operating, may promulgate such regulations as may be 
     necessary to carry out the United States international 
     obligations under the Convention and this Act, including 
     recommendations and decisions adopted by the Commission. In 
     cases where the Secretary has discretion in the 
     implementation of one or more measures adopted by the 
     Commission that would govern fisheries under the authority of 
     a Regional Fishery Management Council, the Secretary may, to 
     the extent practicable within the implementation schedule of 
     the Convention and any recommendations and decisions adopted 
     by the Commission, promulgate such regulations in accordance 
     with the procedures established by the Magnuson-Stevens 
     Fishery Conservation and Management Act (16 U.S.C. 1801 et 
     seq.).
       ``(b) Jurisdiction.--The Secretary may promulgate 
     regulations applicable to all vessels and persons subject to 
     the jurisdiction of the United States, including United 
     States flag vessels wherever they may be operating, on such 
     date as the Secretary shall prescribe.''.

     SEC. 407. PROHIBITED ACTS.

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

     ``SEC. 8. PROHIBITED ACTS.

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

     SEC. 408. ENFORCEMENT.

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

     ``SEC. 10. ENFORCEMENT.

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

     SEC. 409. REDUCTION OF BYCATCH.

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

     SEC. 410. 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.
                                 ______