[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.

[[Page H5485]]

  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

[[Page H5486]]

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.

                          ____________________