[Congressional Record Volume 161, Number 119 (Monday, July 27, 2015)]
[House]
[Pages H5478-H5486]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2015
Mrs. RADEWAGEN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 774) to strengthen enforcement mechanisms to stop illegal,
unreported, and unregulated fishing, to amend the Tuna Conventions Act
of 1950 to implement the Antigua Convention, and for other purposes, as
amended.
The Clerk read the title of the bill.
[[Page H5479]]
The text of the bill is as follows:
H.R. 774
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal, Unreported, and
Unregulated Fishing Enforcement Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium
Protection Act.
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement
Act.
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992.
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985.
Sec. 105. Amendments to the Western and Central Pacific Fisheries
Convention Implementation Act.
Sec. 106. Amendments to the Antarctic Marine Living Resources
Convention Act.
Sec. 107. Amendments to the Atlantic Tunas Convention Act.
Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965.
Sec. 109. Amendments to the Dolphin Protection Consumer Information
Act.
Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982.
Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act
of 1995.
Sec. 112. Amendment to the Magnuson-Stevens Fishery Conservation and
Management Act.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
Sec. 201. Short title.
Sec. 202. Amendment of the Tuna Conventions Act of 1950.
Sec. 203. Definitions.
Sec. 204. Commissioners; number, appointment, and qualifications.
Sec. 205. General Advisory Committee and Scientific Advisory
Subcommittee.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts.
Sec. 208. Enforcement.
Sec. 209. Reduction of bycatch.
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Duties and authorities of the Secretary.
Sec. 305. Authorization or denial of port entry.
Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING
MORATORIUM PROTECTION ACT.
(a) Administration and Enforcement.--
(1) In general.--Section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g) is
amended by inserting before the first sentence the following:
``(a) In General.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall
enforce this Act, and the Acts to which this section applies,
in accordance with this section. Each such Secretary may, by
agreement, on a reimbursable basis or otherwise, utilize the
personnel services, equipment (including aircraft and
vessels), and facilities of any other Federal agency, and of
any State agency, in the performance of such duties.
``(b) Acts to Which Section Applies.--This section applies
to--
``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631
et seq.);
``(2) the Dolphin Protection Consumer Information Act (16
U.S.C. 1385);
``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et
seq.);
``(4) the North Pacific Anadromous Stocks Act of 1992 (16
U.S.C. 5001 et seq.);
``(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971 et seq.);
``(6) the Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 5601 et seq.);
``(7) the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6901 et seq.); and
``(8) the Antigua Convention Implementing Act of 2015.
``(c) Administration and Enforcement.--
``(1) In general.--The Secretary shall prevent any person
from violating this Act, or any Act to which this section
applies, in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though sections 308
through 311 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858 through 1861) were
incorporated into and made a part of and applicable to this
Act and each such Act.
``(2) International cooperation.--The Secretary may,
subject to appropriations and in the course of carrying out
the Secretary's responsibilities under the Acts to which this
section applies, engage in international cooperation to help
other nations combat illegal, unreported, and unregulated
fishing and achieve sustainable fisheries.
``(d) Special Rules.--
``(1) Additional enforcement authority.--In addition to the
powers of officers authorized pursuant to subsection (c), any
officer who is authorized by the Secretary, or the head of
any Federal or State agency that has entered into an
agreement with the Secretary under subsection (a), may
enforce the provisions of any Act to which this section
applies, with the same jurisdiction, powers, and duties as
though section 311 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1861) were
incorporated into and made a part of each such Act.
``(2) Disclosure of enforcement information.--
``(A) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a), may disclose, as necessary and appropriate,
information, including information collected under joint
authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic
Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.) or the
Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6901 et seq.) or other statutes
implementing international fishery agreements, to any other
Federal or State government agency, the Food and Agriculture
Organization of the United Nations, the secretariat or
equivalent of an international fishery management
organization or arrangement made pursuant to an international
fishery agreement, or a foreign government, if--
``(i) such government, organization, or arrangement has
policies and procedures to protect such information from
unintended or unauthorized disclosure; and
``(ii) such disclosure is necessary--
``(I) to ensure compliance with any law or regulation
enforced or administered by the Secretary;
``(II) to administer or enforce any international fishery
agreement to which the United States is a party;
``(III) to administer or enforce a binding conservation
measure adopted by any international organization or
arrangement to which the United States is a party;
``(IV) to assist in any investigative, judicial, or
administrative enforcement proceeding in the United States;
or
``(V) to assist in any law enforcement action undertaken by
a law enforcement agency of a foreign government, or in
relation to a legal proceeding undertaken by a foreign
government to the extent the enforcement action is consistent
with rules and regulations of a regional fisheries management
organization (as that term is defined by the United Nation's
Food and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing) of which the United States is a
member, or the Secretary has determined that the enforcement
action is consistent with the requirements under Federal law
for enforcement actions with respect to illegal, unreported,
and unregulated fishing.
``(B) Data confidentiality provisions not applicable.--The
data confidentiality provisions of section 402 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1881a) shall not apply with respect to this Act with
respect to--
``(i) any obligation of the United States to share
information under a regional fisheries management
organization (as that term is defined by the United Nation's
Food and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing) of which the United States is a
member; or
``(ii) any information collected by the Secretary regarding
foreign vessels.
``(e) Prohibited Acts.--It is unlawful for any person--
``(1) to violate any provision of this Act or any
regulation or permit issued pursuant to this Act;
``(2) to refuse to permit any officer authorized to enforce
the provisions of this Act to board, search, or inspect a
vessel, subject to such person's control for the purposes of
conducting any search, investigation, or inspection in
connection with the enforcement of this Act, any regulation
promulgated under this Act, or any Act to which this section
applies;
``(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search, investigation, or inspection
described in paragraph (2);
``(4) to resist a lawful arrest for any act prohibited by
this section or any Act to which this section applies;
``(5) to interfere with, delay, or prevent, by any means,
the apprehension, arrest, or detection of an other person,
knowing that such person has committed any act prohibited by
this section or any Act to which this section applies; or
[[Page H5480]]
``(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with--
``(A) any observer on a vessel under this Act or any Act to
which this section applies; or
``(B) any data collector employed by the National Marine
Fisheries Service or under contract to any person to carry
out responsibilities under this Act or any Act to which this
section applies.
``(f) Civil Penalty.--Any person who commits any act that
is unlawful under subsection (e) shall be liable to the
United States for a civil penalty, and may be subject to a
permit sanction, under section 308 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1858).
``(g) Criminal Penalty.--Any person who commits an act that
is unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5),
or (e)(6) is deemed to be guilty of an offense punishable
under section 309(b) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1859(b)).
``(h) Utilization of Federal Agency Assets.--''.
(2) Conforming amendment.--Section 308(a) of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C.
2437(a)) is amended to read as follows:
``(a) In General.--Any person who commits an act that is
unlawful under section 306 shall be liable to the United
States for a civil penalty, and may be subject to a permit
sanction, under section 308 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858).''.
(b) Actions To Improve the Effectiveness of International
Fishery Management Organizations.--Section 608 of such Act
(16 U.S.C. 1826i) is amended by--
(1) inserting before the first sentence the following:
``(a) In General.--'';
(2) in subsection (a) (as designated by paragraph (1) of
this subsection) in the first sentence, inserting ``, or
arrangements made pursuant to an international fishery
agreement,'' after ``organizations''; and
(3) adding at the end the following new subsections:
``(b) Disclosure of Information.--
``(1) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a) except as provided in paragraph (2), may disclose, as
necessary and appropriate, information, including information
collected under joint authority of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 71 et seq.), the Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6901 et seq.), any
other statute implementing an international fishery
agreement, to any other Federal or State government agency,
the Food and Agriculture Organization of the United Nations,
or the secretariat or equivalent of an international fishery
management organization or arrangement made pursuant to an
international fishery agreement, if such government,
organization, or arrangement, respectively, has policies and
procedures to protect such information from unintended or
unauthorized disclosure.
``(2) Exceptions.--The data confidentiality provisions in
section 402 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a) shall not apply with respect
to this Act--
``(A) for obligations of the United States to share
information under a regional fisheries management
organization (as that term is defined by the United Nation's
Food and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing) of which the United States is a
member; or
``(B) to any information collected by the Secretary
regarding foreign vessels.
``(c) IUU Vessel Lists.--The Secretary may--
``(1) develop, maintain, and make public a list of vessels
and vessel owners engaged in illegal, unreported, or
unregulated fishing or fishing-related activities in support
of illegal, unreported, or unregulated fishing, including
vessels or vessel owners identified by an international
fishery management organization or arrangement made pursuant
to an international fishery agreement, that--
``(A) the United States is party to; or
``(B) the United States is not party to, but whose
procedures and criteria in developing and maintaining a list
of such vessels and vessel owners are substantially similar
to such procedures and criteria adopted pursuant to an
international fishery agreement to which the United States is
a party; and
``(2) take appropriate action against listed vessels and
vessel owners, including action against fish, fish parts, or
fish products from such vessels, in accordance with
applicable United States law and consistent with applicable
international law, including principles, rights, and
obligations established in applicable international fishery
management agreements and trade agreements.
``(d) Regulations.--The Secretary may promulgate
regulations to implement this section.''.
(c) Notification Regarding Identification of Nations.--
Section 609(b) of such Act (166 U.S.C. 1826j(b)) is amended
to read as follows:
``(b) Notification.--The Secretary shall notify the
President and that nation of such an identification.''.
(d) Nations Identified Under Section 610.--Section
610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) is amended to
read as follows:
``(1) notify, as soon as possible, the President and
nations that have been identified under subsection (a), and
also notify other nations whose vessels engage in fishing
activities or practices described in subsection (a), about
the provisions of this section and this Act;''.
(e) Effect of Certification Under Section 609.--Section
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is
amended by striking ``that has not been certified by the
Secretary under this subsection, or''.
(f) Effect of Certification Under Section 610.--Section
610(c)(5) of such Act (16 U.S.C. 1826k(c)(5)) is amended by
striking ``that has not been certified by the Secretary under
this subsection, or''.
(g) Identification of Nations.--
(1) Scope of identification for actions of fishing
vessels.--Section 609(a) of such Act (16 U.S.C. 1826j(a)) is
amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, based on a cumulative compilation and
analysis of data collected and provided by international
fishery management organizations and other nations and
organizations,'' after ``shall''; and
(ii) by striking ``2 years'' and inserting ``3 years'';
(B) in paragraph (1), by inserting ``that undermines the
effectiveness of measures required by an international
fishery management organization, taking into account
whether'' after ``(1)''; and
(C) in paragraph (1), by striking ``vessels of''.
(2) Additional grounds for identification.--Section 609(a)
of such Act (16 U.S.C. 1826j(a)) is further amended--
(A) by redesignating paragraphs (1) and (2) in order as
subparagraphs (A) and (B) (and by moving the margins of such
subparagraphs 2 ems to the right);
(B) by inserting before the first sentence the following:
``(1) Identification for actions of fishing vessels.--'';
and
(C) by adding at the end the following:
``(2) Identification for actions of nation.--Taking into
account the factors described under section 609(a)(1), the
Secretary shall also identify, and list in such report, a
nation--
``(A) if it is violating, or has violated at any point
during the preceding three years, conservation and management
measures required under an international fishery management
agreement to which the United States is a party and the
violations undermine the effectiveness of such measures; or
``(B) if it is failing, or has failed in the preceding 3-
year period, to effectively address or regulate illegal,
unreported, or unregulated fishing in areas described under
paragraph (1)(B).
``(3) Application to other entities.--Where the provisions
of this Act are applicable to nations, they shall also be
applicable, as appropriate, to other entities that have
competency to enter into international fishery management
agreements.''.
(3) Period of fishing practices supporting
identification.--Section 610(a)(1) of such Act (16 U.S.C.
1826k(a)(1)) is amended by striking ``calendar year'' and
inserting ``3 years''.
(h) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Commerce $450,000 for
each of fiscal years 2016 through 2020 to implement the
amendments made by subsections (b) and (g).
(i) Technical Corrections.--
(1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is
amended by striking ``whose vessels'' and inserting ``that''.
(2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1))
is amended by striking ``of its fishing vessels''.
(3) Section 609(d)(1)(A) of such Act (16 U.S.C.
1826j(d)(1)(A)) is amended by striking ``of its fishing
vessels''.
(4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2))
is amended--
(A) by striking ``for certification'' and inserting ``to
authorize'';
(B) by inserting ``the importation'' after ``or other
basis'';
(C) by striking ``harvesting''; and
(D) by striking ``not certified under paragraph (1)'' and
inserting ``issued a negative certification under paragraph
(1)''.
(5) Section 610 of such Act (16 U.S.C. 1826k) is amended as
follows:
(A) In subsection (a)(1), by striking ``practices;'' and
inserting ``practices--''.
(B) In subsection (c)(4), by striking all preceding
subparagraph (B) and inserting the following:
``(4) Alternative procedure.--The Secretary may establish a
procedure to authorize, on a shipment-by-shipment, shipper-
by-shipper, or other basis the importation of fish or fish
products from a vessel of a nation issued a negative
certification under paragraph (1) if the Secretary determines
that such imports were harvested by practices that do not
result in bycatch of a protected marine species, or were
harvested by practices that--
``(A) are comparable to those of the United States, taking
into account different conditions; and''.
SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES
ENFORCEMENT ACT.
(a) Negative Certification Effects.--Section 101 of the
High Seas Driftnet Fisheries Enforcement Act (16 U.S.C.
1826a) is amended--
[[Page H5481]]
(1) in subsection (a)(2), by striking ``recognized
principles of'' after ``in accordance with'';
(2) in subsection (a)(2)(A), by inserting ``or, as
appropriate, for fishing vessels of a nation that receives a
negative certification under section 609(d) or section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826)'' after ``(1)'';
(3) in subsection (a)(2)(B), by inserting before the period
the following: ``, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action'';
(4) in subsection (b)(1)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing'' after ``driftnet
fishing'';
(5) in subsection (b)(1)(B) and subsection (b)(2), by
striking ``or illegal, unreported, or unregulated fishing''
after ``driftnet fishing'' each place it appears;
(6) in subsection (b)(3)(A)(i), by inserting ``or a
negative certification under section 609(d) or section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826j(d), 1826k(c))'' after ``(1)(A)'';
(7) in subsection (b)(4)(A), by inserting ``or issues a
negative certification under section 609(d) or section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
(8) in subsection (b)(4)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing'' after ``driftnet
fishing''; and
(9) in subsection (b)(4)(A)(i), by inserting ``, or to
address the offending activities for which a nation received
a negative certification under section 609(d) or 610(c) of
the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(d), 1826k(c))'' after ``beyond the exclusive
economic zone of any nation''.
(b) Duration of Negative Certification Effects.--Section
102 of such Act (16 U.S.C. 1826b) is amended by--
(1) striking ``or illegal, unreported, or unregulated
fishing''; and
(2) inserting ``or effectively addressed the offending
activities for which the nation received a negative
certification under 609(d) or 610(c) of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))'' before the period at the end.
SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT
OF 1992.
(a) Unlawful Activities.--Section 810 of the North Pacific
Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
(1) in paragraph (5), by inserting ``, investigation,''
after ``search''; and
(2) in paragraph (6), by inserting ``, investigation,''
after ``search''.
(b) Additional Prohibitions and Enforcement.--Section 811
of the Northern Pacific Anadromous Stocks Act of 1992 (16
U.S.C. 5010) is amended to read as follows:
``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
``For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826g).''.
SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF
1985.
Section 8 of the Pacific Salmon Treaty Act of 1985 (16
U.S.C. 3637) is amended--
(1) in subsection (a)(2)--
(A) by inserting ``, investigation,'' after ``search''; and
(B) by striking ``this title;'' and inserting ``this
Act;'';
(2) in subsection (a)(3)--
(A) by inserting ``, investigation,'' after ``search''; and
(B) by striking ``subparagraph (2);'' and inserting
``paragraph (2);'';
(3) in subsection (a)(5), by striking ``this title; or''
and inserting ``this Act;''; and
(4) by striking subsections (b) through (f) and inserting
the following:
``(b) Additional Prohibitions and Enforcement.--For
additional prohibitions relating to this Act and enforcement
of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC
FISHERIES CONVENTION IMPLEMENTATION ACT.
The Western and Central Pacific Fisheries Convention
Implementation Act (title V of Public Law 109-479) is
amended--
(1) by amending section 506(c) (16 U.S.C. 6905(c)) to read
as follows:
``(c) Additional Prohibitions and Enforcement.--For
additional prohibitions relating to this Act and enforcement
of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g).''; and
(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking
``suspension, on'' and inserting ``suspension, of''.
SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES
CONVENTION ACT.
The Antarctic Marine Living Resources Convention Act of
1984 is amended--
(1) in section 306 (16 U.S.C. 2435)--
(A) in paragraph (3), by striking ``which he knows, or
reasonably should have known, was'';
(B) in paragraph (4), by inserting ``, investigation,''
after ``search''; and
(C) in paragraph (5), by inserting ``, investigation,''
after ``search''; and
(2) in section 307 (16 U.S.C. 2436)--
(A) by inserting ``(a) In General.--'' before the first
sentence; and
(B) by adding at the end the following:
``(b) Regulations To Implement Conservation Measures.--
``(1) In general.--Notwithstanding subsections (b), (c),
and (d) of section 553 of title 5, United States Code, the
Secretary of Commerce may publish in the Federal Register a
final regulation to implement any conservation measure for
which the Secretary of State notifies the Commission under
section 305(a)(1)--
``(A) that has been in effect for 12 months or less;
``(B) that is adopted by the Commission; and
``(C) with respect to which the Secretary of State does not
notify Commission in accordance with section 305(a)(1) within
the time period allotted for objections under Article IX of
the Convention.
``(2) Entering into force.--Upon publication of such
regulation in the Federal Register, such conservation measure
shall enter into force with respect to the United States.''.
SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.
The Atlantic Tunas Convention Act of 1975 is amended--
(1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
(A) by striking ``(A)'' and inserting ``(i)'';
(B) by striking ``(B)'' and inserting ``(ii)'';
(C) by inserting ``(A)'' after ``(2)''; and
(D) by adding at the end the following:
``(B) Notwithstanding the requirements of subparagraph (A)
and subsections (b) and (c) of section 553 of title 5, United
States Code, the Secretary may issue final regulations to
implement Commission recommendations referred to in paragraph
(1) concerning trade restrictive measures against nations or
fishing entities.'';
(2) in section 7 (16 U.S.C. 971e) by striking subsections
(e) and (f) and redesignating subsection (g) as subsection
(e);
(3) in section 8 (16 U.S.C. 971f)--
(A) by striking subsections (a) and (c); and
(B) by inserting before subsection (b) the following:
``(a) For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826g).'';
(4) in section 8(b) by striking ``the enforcement
activities specified in section 8(a) of this Act'' each place
it appears and inserting ``enforcement activities with
respect to this Act that are otherwise authorized by law'';
and
(5) by striking section 11 (16 U.S.C. 971j) and
redesignating sections 12 and 13 as sections 11 and 12,
respectively.
SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT
OF 1965.
Section 104(f) of the High Seas Fishing Compliance Act of
1995 (16 U.S.C. 5503(f)) is amended to read as follows:
``(f) Validity.--A permit issued under this section for a
vessel is void if--
``(1) any other permit or authorization required for the
vessel to fish is expired, revoked, or suspended; or
``(2) the vessel is no longer documented under the laws of
the United States or eligible for such documentation.''.
SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER
INFORMATION ACT.
The Dolphin Protection Consumer Information Act (16 U.S.C.
1385) is amended by amending subsection (e) to read as
follows:
``(e) Additional Prohibitions and Enforcement.--For
additional prohibitions relating to this Act and enforcement
of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF
1982.
Section 7 of the Northern Pacific Halibut Act of 1982 (16
U.S.C. 773e) is amended--
(1) in subsection (a) by redesignating paragraphs (1)
through (6) as subparagraphs (A) through (F);
(2) by redesignating subsections (a) and (b) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1)(B), as so redesignated, by inserting
``, investigation,'' before ``or inspection'';
(4) in paragraph (1)(C), as so redesignated, by inserting
``, investigation,'' before ``or inspection'';
(5) in paragraph (1)(E), as so redesignated, by striking
``or'' after the semicolon; and
(6) in paragraph (1)(F), as so redesignated, by striking
``section.'' and inserting ``section; or''.
SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES
CONVENTION ACT OF 1995.
Section 207 of the Northwest Atlantic Fisheries Convention
Act of 1995 (16 U.S.C. 5606) is amended--
(1) in the section heading, by striking ``and penalties''
and inserting ``and enforcement'';
(2) in subsection (a)(2), by inserting ``, investigation,''
before ``or inspection'';
(3) in subsection (a)(3), by inserting ``, investigation,''
before ``or inspection''; and
(4) by striking subsections (b) through (f) and inserting
the following:
``(b) Additional Prohibitions and Enforcement.--For
additional prohibitions relating to this Act and enforcement
of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
[[Page H5482]]
SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY
CONSERVATION AND MANAGEMENT ACT.
Section 307(1)(Q) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1857(1)(Q)) is
amended by inserting before the semicolon the following: ``or
any treaty or in contravention of any binding conservation
measure adopted by an international agreement or organization
to which the United States is a party''.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Antigua Convention
Implementing Act of 2015''.
SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.
Except as otherwise expressly provided, whenever in this
title an amendment or repeal is expressed in terms of an
amendment to, or repeal of, a section or other provision, the
reference shall be considered to be made to a section or
other provision of the Tuna Conventions Act of 1950 (16
U.S.C. 951 et seq.).
SEC. 203. DEFINITIONS.
Section 2 (16 U.S.C. 951) is amended to read as follows:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Antigua convention.--The term `Antigua Convention'
means the Convention for the Strengthening of the Inter-
American Tropical Tuna Commission Established by the 1949
Convention Between the United States of America and the
Republic of Costa Rica, signed at Washington, November 14,
2003.
``(2) Commission.--The term `Commission' means the Inter-
American Tropical Tuna Commission provided for by the
Convention.
``(3) Convention.--The term `Convention' means--
``(A) the Convention for the Establishment of an Inter-
American Tropical Tuna Commission, signed at Washington, May
31, 1949, by the United States of America and the Republic of
Costa Rica;
``(B) the Antigua Convention, upon its entry into force for
the United States, and any amendments thereto that are in
force for the United States; or
``(C) both such Conventions, as the context requires.
``(4) Person.--The term `person' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
``(5) United states.--The term `United States' includes all
areas under the sovereignty of the United States.
``(6) United states commissioners.--The term `United States
commissioners' means the individuals appointed in accordance
with section 3(a).''.
SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND
QUALIFICATIONS.
Section 3 (16 U.S.C. 952) is amended to read as follows:
``SEC. 3. COMMISSIONERS.
``(a) Commissioners.--The United States shall be
represented on the Commission by 4 United States
Commissioners. The President shall appoint individuals to
serve on the Commission. The United States Commissioners
shall be subject to supervision and removal by the Secretary
of State, in consultation with the Secretary. In making the
appointments, the President shall select United States
Commissioners from among individuals who are knowledgeable or
experienced concerning highly migratory fish stocks in the
eastern tropical Pacific Ocean, one of whom shall be an
officer or employee of the Department of Commerce. Not more
than 2 United States Commissioners may be appointed who
reside in a State other than a State whose vessels maintain a
substantial fishery in the area of the Convention.
``(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to
time and for periods of time deemed appropriate Alternate
United States Commissioners to the Commission. Any Alternate
United States Commissioner may exercise, at any meeting of
the Commission or of the General Advisory Committee or
Scientific Advisory Subcommittee established pursuant to
section 4(b), all powers and duties of a United States
Commissioner in the absence of any United States Commissioner
appointed pursuant to subsection (a) of this section for
whatever reason. The number of such Alternate United States
Commissioners that may be designated for any such meeting
shall be limited to the number of United States Commissioners
appointed pursuant to subsection (a) of this section who will
not be present at such meeting.
``(c) Administrative Matters.--
``(1) Employment status.--Individuals serving as United
States Commissioners, other than officers or employees of the
United States Government, shall not be considered Federal
employees except for the purposes of injury compensation or
tort claims liability as provided in chapter 81 of title 5,
United States Code, and chapter 171 of title 28, United
States Code.
``(2) Compensation.--The United States Commissioners or
Alternate Commissioners, although officers of the United
States while so serving, shall receive no compensation for
their services as United States Commissioners or Alternate
Commissioners.
``(3) Travel expenses.--
``(A) The Secretary of State shall pay the necessary travel
expenses of United States Commissioners and Alternate United
States Commissioners to meetings of the Inter-American
Tropical Tuna Commission and other meetings the Secretary of
State deems necessary to fulfill their duties, in accordance
with the Federal Travel Regulations and sections 5701, 5702,
5704 through 5708, and 5731 of title 5, United States Code.
``(B) The Secretary may reimburse the Secretary of State
for amounts expended by the Secretary of State under this
subsection.''.
SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
Section 4 (16 U.S.C. 953) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Advisory Committee.--
``(1) Appointments; public participation; compensation.--
``(A) The Secretary, in consultation with the Secretary of
State, shall appoint a General Advisory Committee which shall
consist of not more than 25 individuals who shall be
representative of the various groups concerned with the
fisheries covered by the Convention, including
nongovernmental conservation organizations, providing to the
maximum extent practicable an equitable balance among such
groups. Members of the General Advisory Committee will be
eligible to participate as members of the United States
delegation to the Commission and its working groups to the
extent the Commission rules and space for delegations allow.
``(B) The chair of the Pacific Fishery Management Council's
Advisory Subpanel for Highly Migratory Fisheries and the
chair of the Western Pacific Fishery Management Council's
Advisory Committee shall be ex-officio members of the General
Advisory Committee by virtue of their positions in those
Councils.
``(C) Each member of the General Advisory Committee
appointed under subparagraph (A) shall serve for a term of 3
years and is eligible for reappointment.
``(D) The General Advisory Committee shall be invited to
attend all non-executive meetings of the United States
delegation and at such meetings shall be given opportunity to
examine and to be heard on all proposed programs of
investigation, reports, recommendations, and regulations of
the Commission.
``(E) The General Advisory Committee shall determine its
organization, and prescribe its practices and procedures for
carrying out its functions under this title, the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.), and the Convention. The General Advisory
Committee shall publish and make available to the public a
statement of its organization, practices and procedures.
Meetings of the General Advisory Committee, except when in
executive session, shall be open to the public, and prior
notice of meetings shall be made public in timely fashion.
The General Advisory Committee shall not be subject to the
Federal Advisory Committee Act (5 U.S.C. App.).
``(2) Information sharing.--The Secretary and the Secretary
of State shall furnish the General Advisory Committee with
relevant information concerning fisheries and international
fishery agreements.
``(3) Administrative matters.--
``(A) The Secretary shall provide to the General Advisory
Committee in a timely manner such administrative and
technical support services as are necessary for its effective
functioning.
``(B) Individuals appointed to serve as a member of the
General Advisory Committee--
``(i) shall serve without pay, but while away from their
homes or regular places of business to attend meetings of the
General Advisory Committee shall be allowed travel expenses,
including per diem in lieu of subsistence, in the same manner
as persons employed intermittently in the Government service
are allowed expenses under section 5703 of title 5, United
States Code; and
``(ii) shall not be considered Federal employees except for
the purposes of injury compensation or tort claims liability
as provided in chapter 81 of title 5, United States Code, and
chapter 171 of title 28, United States Code.'';
(2) by striking so much of subsection (b) as precedes
paragraph (2) and inserting the following:
``(b) Scientific Advisory Subcommittee.--(1) The Secretary,
in consultation with the Secretary of State, shall appoint a
Scientific Advisory Subcommittee of not less than 5 nor more
than 15 qualified scientists with balanced representation
from the public and private sectors, including
nongovernmental conservation organizations.''; and
(3) in subsection (b)(3), by striking ``General Advisory
Subcommittee'' and inserting ``General Advisory Committee''.
SEC. 206. RULEMAKING.
Section 6 (16 U.S.C. 955) is amended to read as follows:
``SEC. 6. RULEMAKING.
``(a) Regulations.--The Secretary, in consultation with the
Secretary of State and, with respect to enforcement measures,
the Secretary of the Department in which the Coast Guard is
operating, may promulgate such regulations as may be
necessary to carry out the United States international
obligations under the Convention and this Act, including
recommendations and decisions adopted by the Commission. In
cases where the Secretary has discretion in the
implementation of one or more measures
[[Page H5483]]
adopted by the Commission that would govern fisheries under
the authority of a Regional Fishery Management Council, the
Secretary may, to the extent practicable within the
implementation schedule of the Convention and any
recommendations and decisions adopted by the Commission,
promulgate such regulations as may be necessary to carry out
the United States international obligations under the
Convention and this Act, in accordance with the procedures
established by the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
``(b) Jurisdiction.--The Secretary may promulgate
regulations as may be necessary to carry out the United
States international obligations under the Convention and
this Act, applicable to all vessels and persons subject to
the jurisdiction of the United States, including vessels
documented under chapter 121 of title 46, United States Code,
wherever they may be operating, on such date as the Secretary
shall prescribe.''.
SEC. 207. PROHIBITED ACTS.
Section 8 (16 U.S.C. 957) is amended--
(1) by striking ``section 6(c) of this Act'' each place it
appears and inserting ``section 6''; and
(2) by adding at the end the following:
``(i) Additional Prohibitions and Enforcement.--For
prohibitions relating to this Act and enforcement of this
Act, see section 606 of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 208. ENFORCEMENT.
Section 10 (16 U.S.C. 959) is amended to read as follows:
``SEC. 10. ENFORCEMENT.
``For enforcement of this Act, see section 606 of the High
Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826g).''.
SEC. 209. REDUCTION OF BYCATCH.
Section 15 (16 U.S.C. 962) is amended by striking
``vessel'' and inserting ``vessels''.
SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF
1984.
The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C.
972 et seq.) is repealed.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Port State Measures
Agreement Act of 2015''.
SEC. 302. PURPOSE.
The purpose of this title is to implement the Agreement on
Port State Measures to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing.
SEC. 303. DEFINITIONS.
As used in this title:
(1) The term ``Agreement'' means the Agreement on Port
State Measures to Prevent, Deter and Eliminate Illegal,
Unreported and Unregulated Fishing, done at the Food and
Agriculture Organization of the United Nations, in Rome,
Italy, November 22, 2009, and signed by the United States
November 22, 2009.
(2) The term ``IUU fishing'' means any activity set out in
paragraph 3 of the 2001 FAO International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
(3) The term ``listed IUU vessel'' means a vessel that is
included in a list of vessels having engaged in IUU fishing
or fishing-related activities in support of IUU fishing that
has been adopted by a regional fisheries management
organization of which the United States is a member, or a
list adopted by a regional fisheries management organization
of which the United States is not a member if the Secretary
determines the criteria used by that organization to create
the IUU list is comparable to criteria adopted by RFMOs of
which the United States is a member for identifying IUU
vessels and activities.
(4) The term ``Magnuson-Stevens Act'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
(5) The term ``person'' has the same meaning as that term
has in section 3 of the Magnuson-Stevens Act (16 U.S.C.
1802).
(6) The terms ``RFMO'' and ``regional fisheries management
organization'' mean a regional fisheries management
organization (as that term is defined by the United Nation's
Food and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing) that is recognized by the United
States.
(7) The term ``Secretary'' means the Secretary of Commerce
or his or her designee.
(8) The term ``vessel'' means any vessel, ship of another
type, or boat used for, equipped to be used for, or intended
to be used for, fishing or fishing-related activities,
including container vessels that are carrying fish that have
not been previously landed.
(9) The term ``fish'' means finfish, mollusks, crustaceans,
and all other forms of marine animal and plant life other
than marine mammals and birds.
(10) The term ``fishing''--
(A) except as provided in subparagraph (B), means--
(i) the catching, taking, or harvesting of fish;
(ii) the attempted catching, taking, or harvesting of fish;
(iii) any other activity which can reasonably be expected
to result in the catching, taking, or harvesting of fish; or
(iv) any operations at sea in support of, or in preparation
for, any activity described in clauses (i) through (iii); and
(B) does not include any scientific research activity that
is conducted by a scientific research vessel.
SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Regulations.--The Secretary may, as needed, promulgate
such regulations--
(1) in accordance with section 553 of title 5, United
States Code;
(2) consistent with provisions of the title; and
(3) with respect to enforcement measures, in consultation
with the Secretary of the department in which the Coast Guard
is operating;
as may be necessary to carry out the purposes of this title,
to the extent that such regulations are not already
promulgated.
(b) Ports of Entry.--The Secretary, in consultation with
the Secretary of the department in which the Coast Guard is
operating, may designate and publicize the ports to which
vessels may seek entry. No port may be designated under this
section that has not also been designated as a port of entry
for customs reporting purposes pursuant to section 1433 of
title 19, United States Code, or that is not specified under
an existing international fisheries agreement.
(c) Notification.--The Secretary shall provide notification
of the denial of port entry or the use of port services for a
vessel under section 305, the withdrawal of the denial of
port services for a foreign vessel, the taking of enforcement
action pursuant to section 306 with respect to a foreign
vessel, or the results of any inspection of a foreign vessel
conducted pursuant to this title to the flag nation of the
vessel and, as appropriate, to the nation of which the
vessel's master is a national, relevant coastal nations,
RFMOs, the Food and Agriculture Organization of the United
Nations, and other relevant international organizations.
(d) Confirmation That Fish Were Taken in Accordance With
Conservation and Management Measures.--The Secretary may
request confirmation from the flag state of a foreign vessel
that the fish on board a foreign vessel in a port subject to
the jurisdiction of the United States were taken in
accordance with applicable RFMO conservation and management
measures.
SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY.
(a) Submission of Information Required Under Agreement.--
(1) In general.--A vessel described in paragraph (2)
seeking entry to a port that is subject to the jurisdiction
of the United States must submit to the Secretary of the
department in which the Coast Guard is operating information
as required under the Agreement in advance of its arrival in
port. The Secretary of the department in which the Coast
Guard is operating shall provide that information to the
Secretary.
(2) Covered vessels.--A vessel referred to in paragraph (1)
is any vessel that--
(A) is not documented under chapter 121 of title 46, United
States Code; and
(B) is not numbered under chapter 123 of that title.
(b) Decision To Authorize or Deny Port Entry.--
(1) Decision.--The Secretary shall decide, based on the
information submitted under subsection (a), whether to
authorize or deny port entry by the vessel, and shall
communicate such decision to--
(A) the Secretary of the department in which the Coast
Guard is operating; and
(B) the vessel or its representative.
(2) Authorization or denial of entry.--The Secretary of the
department in which the Coast Guard is operating shall
authorize or deny entry to vessels to which such a decision
applies.
(3) Vessels to which entry may be denied.--The Secretary of
the department in which the Coast Guard is operating may deny
entry to any vessel to which such a decision applies--
(A) that is described in subsection (a)(2); and
(B) that--
(i) is a listed IUU vessel; or
(ii) the Secretary of Commerce has reasonable grounds to
believe--
(I) has engaged in IUU fishing or fishing-related
activities in support of such fishing; or
(II) has violated this title.
(c) Denial of Use of Port.--If a vessel described in
subsection (a)(2) is in a port that is subject to the
jurisdiction of the United States, the Secretary of the
department in which the Coast Guard is operating, at the
request of the Secretary, shall deny such vessel the use of
the port for landing, transshipment, packaging and processing
of fish, refueling, resupplying, maintenance, and drydocking,
if--
(1) the vessel entered without authorization under
subsection (b);
(2) the vessel is a listed IUU vessel;
(3) the vessel is not documented under the laws of another
nation;
(4) the flag nation of the vessel has failed to provide
confirmation requested by the Secretary that the fish on
board were taken in accordance with applicable RFMO
conservation and management measures; or
(5) the Secretary has reasonable grounds to believe--
(A) the vessel lacks valid authorizations to engage in
fishing or fishing-related activities
[[Page H5484]]
as required by its flag nation or the relevant coastal
nation;
(B) the fish on board were taken in violation of foreign
law or in contravention of any RFMO conservation and
management measure; or
(C) the vessel has engaged in IUU fishing or fishing-
related activities in support of such fishing, including in
support of a listed IUU vessel, unless it can establish
that--
(i) it was acting in a manner consistent with applicable
RFMO conservation and management measures; or
(ii) in the case of the provision of personnel, fuel, gear,
and other supplies at sea, the vessel provisioned was not, at
the time of provisioning, a listed IUU vessel.
(d) Exceptions.--Notwithstanding subsections (b) and (c),
the Secretary of the department in which the Coast Guard is
operating may allow port entry or the use of port services--
(1) if they are essential to the safety or health of the
crew or safety of the vessel;
(2) to allow, where appropriate, for the scrapping of the
vessel; or
(3) pursuant to an inspection or other enforcement action.
SEC. 306. INSPECTIONS.
The Secretary, and the Secretary of the department in which
the Coast Guard is operating, shall conduct foreign vessel
inspections in ports subject to the jurisdiction of the
United States as necessary to achieve the purposes of the
Agreement and this title. If, following an inspection, the
Secretary has reasonable grounds to believe that a foreign
vessel has engaged in IUU fishing or fishing-related
activities in support of such fishing, the Secretary may take
enforcement action under this title or other applicable law,
and shall deny the vessel the use of port services, in
accordance with section 305.
SEC. 307. PROHIBITED ACTS.
It is unlawful for any person subject to the jurisdiction
of the United States--
(1) to violate any provision of this title or the
regulations issued under this title;
(2) to refuse to permit any authorized officer to board,
search, or inspect a vessel that is subject to the person's
control in connection with the enforcement of this title or
the regulations issued under this title;
(3) to submit false information pursuant to any requirement
under this title or the regulations issued under this title;
or
(4) to commit any offense enumerated in paragraph (4), (5),
(7), or (9) of section 707(a) of the Western and Central
Pacific Fisheries Convention Implementation Act (16 U.S.C.
6906(a)).
SEC. 308. ENFORCEMENT.
(a) Existing Authorities and Responsibilities.--
(1) Authorities and responsibilities.--The authorities and
responsibilities under subsections (a), (b), and (c) of
section 311 and subsection (f) of section 308 of the
Magnuson-Stevens Act (16 U.S.C. 1861, 1858) and paragraphs
(2), (3), and (7) of section 310(b) of the Antarctic Marine
Living Resources Convention Act of 1984 (16 U.S.C. 2439(b))
shall apply with respect to enforcement of this title.
(2) Included vessels.--For purposes of enforcing this
title, any reference in such paragraphs and subsections to a
``vessel'' or ``fishing vessel'' includes all vessels as
defined in section 303(8) of this title.
(3) Application of other provisions.--Such paragraphs and
subsections apply to violations of this title and any
regulations promulgated under this title.
(b) Civil Enforcement.--
(1) Civil administrative penalties.--
(A) In general.--Any person who is found by the Secretary
(after notice and opportunity for a hearing in accordance
with section 554 of title 5, United States Code) to have
committed an act prohibited under section 307 shall be liable
to the United States for a civil penalty. The amount of the
civil penalty shall be consistent with the amount under
section 308(a) of the Magnuson-Stevens Act (16 U.S.C.
1858(a)).
(B) Compromise or other action by secretary.--The Secretary
shall have the same authority as provided in section 308(e)
of the Magnuson-Stevens Act (16 U.S.C. 1858(e)) with respect
to a violation of this Act.
(2) In rem jurisdiction.--For purposes of this title, the
conditions for in rem liability shall be consistent with
section 308(d) of the Magnuson-Stevens Act (16 U.S.C.
1858(d)).
(3) Action upon failure to pay assessment.--If any person
fails to pay an assessment of a civil penalty under this
title after it has become a final and unappealable order, or
after the appropriate court has entered final judgment in
favor of the Secretary, the Secretary shall refer the matter
to the Attorney General, who shall recover the amount
assessed in any appropriate district court of the United
States. In such action, the validity and appropriateness of
the final order imposing the civil penalty shall not be
subject to review.
(c) Forfeiture.--
(1) In general.--Any foreign vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used, and
any fish (or the fair market value thereof) imported or
possessed in connection with or as result of the commission
of any act prohibited by section 307 of this title shall be
subject to forfeiture under section 310 of the Magnuson-
Stevens Act (16 U.S.C. 1860).
(2) Application of the customs laws.--All provisions of law
relating to seizure, summary judgment, and judicial
forfeiture and condemnation for violation of the customs
laws, the disposition of the property forfeited or condemned
or the proceeds from the sale thereof, the remission or
mitigation of such forfeitures, and the compromise of claims
shall apply to seizures and forfeitures incurred, or alleged
to have been incurred, under the provisions of this title,
insofar as applicable and not inconsistent with the
provisions hereof. For seizures and forfeitures of property
under this section by the Secretary, such duties as are
imposed upon the customs officer or any other person with
respect to the seizure and forfeiture of property under the
customs law may be performed by such officers as are
designated by the Secretary or, upon request of the
Secretary, by any other agency that has authority to manage
and dispose of seized property.
(3) Presumption.--For the purposes of this section there is
a rebuttable presumption that all fish, or components
thereof, found on board a vessel that is used or seized in
connection with a violation of this title (including any
regulation promulgated under this Act) were taken, obtained,
or retained as a result of IUU fishing or fishing-related
activities in support of IUU fishing.
(d) Criminal Enforcement.--Any person (other than a foreign
government agency, or entity wholly owned by a foreign
government) who knowingly commits an act prohibited by
section 307 of this title shall be subject to subsections (b)
and (c) of section 309 of the Magnuson-Stevens Act (16 U.S.C.
1859).
(e) Payment of Storage, Care, and Other Costs.--Any person
assessed a civil penalty for, or convicted of, any violation
of this title (including any regulation promulgated under
this title) and any claimant in a forfeiture action brought
for such a violation, shall be liable for the reasonable
costs incurred by the Secretary in storage, care, and
maintenance of any property seized in connection with the
violation.
SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE.
(a) Assistance to Developing Nations and International
Organizations.--Consistent with existing authority and the
availability of funds, the Secretary shall provide
appropriate assistance to developing nations and
international organizations of which such nations are members
to assist those nations in meeting their obligations under
the Agreement.
(b) Personnel, Services, Equipment, and Facilities.--In
carrying out subsection (a), the Secretary may, by agreement,
on a reimbursable or nonreimbursable basis, utilize the
personnel, services, equipment, and facilities of any
Federal, State, local, or foreign government or any entity of
any such government.
SEC. 310. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this title shall be construed
to displace any requirements imposed by the customs laws of
the United States or any other laws or regulations enforced
or administered by the Secretary of Homeland Security. Where
more stringent requirements regarding port entry or access to
port services exist under other Federal law, those more
stringent requirements shall apply. Nothing in this title
shall affect a vessel's entry into port, in accordance with
international law, for reasons of force majeure or distress.
(b) United States Obligations Under International Law.--
This title shall be interpreted and applied in accordance
with United States obligations under international law.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
American Samoa (Mrs. Radewagen) and the gentlewoman from Guam (Ms.
Bordallo) each will control 20 minutes.
The Chair recognizes the gentlewoman from American Samoa.
General Leave
Mrs. RADEWAGEN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous materials on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from American Samoa?
There was no objection.
Mrs. RADEWAGEN. Mr. Speaker, I yield myself such time as I may
consume.
As the Congresswoman from American Samoa, I can confidently say that
fishing and the jobs it provides are one of the biggest issues of our
territory. It is a way of life. It has shaped our culture, our customs,
and our traditions, and that must continue. It is for that reason that
I am a cosponsor of H.R. 774, the Illegal, Unreported, and Unregulated
Fishing Enforcement Act of 2015.
Sometimes referred to as ``pirate fishing,'' illegal, unreported, and
unregulated--or IUU--fishing is a wide range of fishing activities that
fail to comply with national, regional, or global fisheries,
conservation, and management requirements. These unlawful practices
impact various sectors of our seafood industry, which is certainly true
in respect to our tuna industry in American Samoa.
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By nature, the impact of IUU fishing is difficult to quantify, though
some estimates suggest that it results in economic losses between $10
billion to $23 billion worldwide annually. The effects of IUU fishing
aren't only felt on the decks of our fishing boats, the impacts that we
are talking about here can be felt all the way to your dinner plate.
The intent of H.R. 774 is to ensure that the fishermen that I
represent can operate on a level playing field with foreign nation
vessels. Specifically, the bill aims to identify and regulate illegal
foreign fishing vessels that are hurting our fishermen's ability to
provide for their families.
I do have to say that, while I am a cosponsor of this legislation, I
wish that we would have been able to come to an agreement on language
that I had proposed specific to the actions and regulations
administered by the Western and Central Pacific Fisheries Commission,
of which American Samoa is a participating territory.
The intent of my language was to ensure that the Commission could not
act in a manner that would hurt our fishermen more than those of other
participating foreign nations. All I want is for our fishermen in
American Samoa to be on a level playing field with foreign nation
vessels to be able to provide for their families.
While we were not able to reach consensus on my proposed language, I
look forward to working with my fellow committee colleagues toward a
solution to help the fishing industry in American Samoa.
Remaining fair and true to our fishermen is so important in the
territory that I represent because the fishing industry is the economic
driver of many of our communities. While I will continue to work on
those ideas legislatively in another vehicle, this is a good bill, and
I urge my colleagues to support it.
I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I yield myself such time as I may consume.
Today, I rise to urge my colleagues to support passage of H.R. 774, a
bill that I sponsored. It is the Illegal, Unreported, and Unregulated
Fishing Enforcement Act of 2015.
H.R. 774 would strengthen enforcement mechanisms to combat IUU
fishing, which threatens the economic and social infrastructure of our
fishing communities and industry. IUU fishing also threatens the
security of the United States and our allies. Countries like Australia,
Papua New Guinea, and Palau have led the way in combating IUU fishing.
I appreciate that the House is finally taking action that will help to
demonstrate U.S. leadership on this important issue.
IUU fishing costs our fishing industry over tens of billions of
dollars over the years. This tremendous impact on fishing economies
undermines their financial security and can destabilize regions.
Additionally, in some cases, we have seen IUU fishing facilitates
illegal human and wildlife trafficking. IUU is bad for our national
security, and we must give U.S. authorities the tools to combat this
illegal activity.
{time} 1515
The bill would provide NOAA and the Coast Guard with much-needed
tools to fight foreign illegal fishing. It would also implement the
Agreement on Port State Measures to Prevent, Deter and Eliminate IUU
fishing, a treaty ratified by the Senate that would set international
standards for denying port entry and services to vessels that have
engaged in illegal fishing.
I am proud to note that H.R. 774 is a truly bipartisan effort, a
result of the hard work of both Democratic and Republican staff, the
cosponsorships of both Republican and Democratic Members, and the
leadership of the Natural Resources Committee, as well as the
Transportation and Infrastructure Committee.
I want to thank Matt Strickler and Jean Flemma, the Natural Resources
Committee staff, for their tireless work to move this forward.
I would also like to acknowledge the International Conservation
Caucus Foundation, the Gulf Coast Leadership Conference, and the
countless recreational and commercial fishing businesses across the
country for their full-fledged support of this bill.
I urge my colleagues to vote ``yes'' on H.R. 774, to ensure that the
U.S. remains a leader in ensuring the economic security of our Nation
and our allies.
Mr. Speaker, I reserve the balance of my time.
Mr. Speaker, today I rise to urge my colleagues to support H.R. 774,
the Illegal Unreported and Unregulated (IUU) Fishing Enforcement Act of
2015. H.R. 774 would strengthen enforcement mechanisms to stop IUU
fishing, which threatens the economic and social infrastructure of our
fishing communities and industry, as well as the security of the United
States and our allies.
While it is difficult to fully track IUU fishing, it is estimated to
have a global value of $10 billion to $23.5 billion, representing
between 11 million and 26 million tons of fish. Not only does this kind
of fishing harm marine ecosystems and deplete fish stocks around the
world, it also causes significant economic harm to U.S. fishermen. For
example, the $700 million worth of king crab harvested illegally from
Russian waters alone undercuts the prices Alaskan king crab fishermen
get for their catch, hurting the bottom line of a fishery that has
become a model for sustainable harvest. IUU fishing in Pacific Ocean
waters accounts for approximately 33 percent of total catch from those
fisheries. IUU fishing on highly migratory stocks like tuna leaves
fewer fish in the water for U.S. fishermen who play by the rules, and
frustrates our efforts to manage far-ranging stocks responsibly. If
stocks fail to recover, additional restrictions may be placed on U.S.
fishermen, forcing economic losses and undermining confidence in the
fairness of the management system.
In addition to depressing job opportunities and income in the U.S.
fishing industry, IUU fishing is also a matter of national and regional
security for the U.S. and our allies. IUU fishing is closely associated
with various trafficking activities that are highly likely to operate
from the same foreign vessels that engage in IUU fishing activities. A
2011 report issued by the United Nations Office on Drugs and Crime
documented the link between illegal fishing and transnational organized
crime including human trafficking, drug smuggling, gun running,
terrorism, and even slave labor. Especially given that 91 percent of
seafood consumed in the United States is imported, it is critical to
ensure that the purchases of unsuspecting Americans are not supporting
these activities.
We often view security issues through the traditional prism of hard
power, but we need to shift that paradigm, particularly in the Asia-
Pacific region. IUU fishing has become a significant issue that has
caused conflicts between countries and threatens regional stability
such as that in the Asia-Pacific region. IUU fishing is a threat to
regional security, and we must take steps to address the matter. Banyan
Analytics released a report in 2014 that talks about security in the
Pacific Island nations, and IUU fishing or food security was a major
issue for this region. As we rebalance to the Asia-Pacific region, we
cannot ignore these types of issues.
Just as importantly, the problem of IUU fishing is not unique to the
Western Pacific. Many American communities, from Alaska and the Pacific
Northwest to the Gulf Coast and up and down the Atlantic seaboard, face
similar challenges that threaten local economies as well as our
national food security.
The United States has become a world leader in sustainable management
of marine fisheries, in great part due to the Magnuson-Stevens Act. In
other parts of the world, however, poor fisheries management is more
common, and stocks are overharvested--the direct result of IUU fishing.
The National Oceanic and Atmospheric Administration (NOAA) recently
reported that no federally-managed fisheries are subject to
overfishing. However, that is not the case for many stocks managed by
other nations, as well as those managed by several countries through
regional fishery management organizations (RFM0s). Over seventy percent
of major global marine fish stocks are fully exploited, overexploited,
depleted, or recovering from depletion, driven in part by the
persistence of IUU fishing.
Our allies and partners have already taken the lead on this issue.
The EU Fisheries Council has implemented trade restrictions on
countries who do not cooperate in combating IUU fishing. Our partners
like Australia, Palau, and Papua New Guinea have all taken action to
curb IUU fishing in their own EEZs. We cannot continue to lead from
behind on IUU fishing enforcement The United States must take our
leadership role in this important national security matter seriously.
I commend the work of the Presidential Task Force on IUU Fishing and
Seafood Fraud, which is the culmination and continuation of the many
years of effort on the part of leaders and stakeholders in our fishing
communities, in the seafood sector, and in our conservation community.
However, we must
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continue to do more. Moreover, H.R. 774 includes provisions that were
specifically requested by the Task Force that would enhance the United
States' ability to combat IUU fishing.
H.R. 774 is the product of extensive negotiations between Democratic
and Republican staff in the last Congress, and I commend the Natural
Resources Committee staff, particularly Matt Strickler and former staff
Jean Flemma, for their work in moving this legislation forward. It is
also supported by a broad coalition that includes the U.S. State
Department, fishing industry interests, and conservation groups. I also
thank Mr. Young of Alaska and his staff for working with us on this
legislation, and for his continued leadership on an issue that impacts
many of his Alaska constituents.
I am proud to note that H.R. 774 was introduced with--and quickly
gained--strong bipartisan support, which included Mr. Don Young of
Alaska; Mr. Peter DeFazio, Ranking Member of the Transportation and
Infrastructure Committee; Mr. Rob Wittman, Chair of the Subcommittee on
Readiness in the Armed Services Committee; Mr. Duncan Hunter and Mr.
John Garamendi, respectively Chair and Ranking Member of the Coast
Guard and Maritime Transportation Subcommittee of the Transportation
and Infrastructure Subcommittee; Mr. Ed Royce, Chair of the Foreign
Affairs Committee; and Mr. Michael McCaul, Chair of the Homeland
Security Committee.
I also acknowledge and thank the leadership of Chairman Rob Bishop
and Ranking Member Raul Grijalva of the Natural Resources Committee.
H.R. 774 passed the Natural Resources Committee by unanimous consent on
April 30, 2015.
I would also like to thank the International Conservation Caucus
Foundation, the Gulf Coast Leadership Conference, and the countless
recreational and commercial fishing businesses across the country for
their full-fledged support of this bill.
It will continue to take a collective effort to prevent IUU fishing,
from stakeholders, the White House, and Congress, so I urge my
colleagues to vote yes on H.R. 774, so that the U.S. remains a leader
in ensuring the economic security of our nation and our allies.
Mrs. RADEWAGEN. Mr. Speaker, I reserve the balance of my time.
Ms. BORDALLO. Mr. Speaker, I have no further speakers, so I yield
back the balance of my time.
Mrs. RADEWAGEN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from American Samoa (Mrs. Radewagen) that the House suspend
the rules and pass the bill, H.R. 774, 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.
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