[Congressional Record Volume 170, Number 60 (Tuesday, April 9, 2024)]
[House]
[Pages H2157-H2159]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SOUTH PACIFIC TUNA TREATY ACT OF 2023
Ms. HAGEMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 1792) to amend the South Pacific Tuna Act of 1988, and for
other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows:
H.R. 1792
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``South
Pacific Tuna Treaty Act of 2023''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Amendment of South Pacific Tuna Act of 1988.
Sec. 3. Definitions.
Sec. 4. Prohibited acts.
Sec. 5. Exceptions.
Sec. 6. Criminal offenses.
Sec. 7. Civil penalties.
Sec. 8. Licenses.
Sec. 9. Enforcement.
Sec. 10. Findings by Secretary.
Sec. 11. Reporting requirements; disclosure of information.
Sec. 12. Closed Area stowage requirements.
Sec. 13. Observers.
Sec. 14. Technical assistance.
Sec. 15. Arbitration.
Sec. 16. Disposition of fees, penalties, forfeitures, and other moneys.
Sec. 17. Additional agreements.
SEC. 2. AMENDMENT OF SOUTH PACIFIC TUNA ACT OF 1988.
Except as otherwise expressly provided, wherever in this
Act 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 South Pacific Tuna Act of 1988 (16
U.S.C. 973 et seq.).
SEC. 3. DEFINITIONS.
(a) Applicable National Law.--Section 2(4) (16 U.S.C.
973(4)) is amended by striking ``described in paragraph 1(a)
of Annex I of'' and inserting ``noticed and in effect in
accordance with''.
(b) Closed Area.--Section 2(5) (16 U.S.C. 973(5)) is
amended by striking ``of the closed areas identified in
Schedule 2 of Annex I of'' and inserting ``area within the
jurisdiction of a Pacific Island Party that is closed to
vessels pursuant to a national law of that Pacific Island
Party and is noticed and in effect in accordance with''.
(c) Fishing.--Section 2(6) (16 U.S.C. 973(6)) is amended--
(1) in subparagraph (C), by inserting ``for any purpose''
after ``harvesting of fish''; and
(2) by amending subparagraph (F) to read as follows:
``(F) use of any other vessel, vehicle, aircraft, or
hovercraft, for any activity described in this paragraph
except for emergencies involving the health or safety of the
crew or the safety of a vessel.''.
(d) Fishing Vessel.--Section 2(7) (16 U.S.C. 973(7)) is
amended by striking ``commercial fishing'' and inserting
``commercial purse seine fishing for tuna''.
(e) Licensing Area.--Section 2(8) (16 U.S.C. 973(8)) is
amended by striking ``in the Treaty Area'' and all that
follows and inserting ``under the jurisdiction of a Pacific
Island Party, except for internal waters, territorial seas,
archipelagic waters, and any Closed Area.''.
(f) Limited Area; Party; Treaty Area.--Section 2 (16 U.S.C.
973) is amended--
(1) by striking paragraphs (10), (13), and (18);
(2) by redesignating paragraphs (11) and (12) as paragraphs
(10) and (11), respectively;
(3) by redesignating paragraph (14) as paragraph (12); and
(4) by redesignating paragraphs (15) through (17) as
paragraphs (14) through (16), respectively.
(g) Regional Terms and Conditions.--Section 2 (16 U.S.C.
973) is amended by inserting after paragraph (12), as so
redesignated, the following:
``(13) The term `regional terms and conditions' means any
of the terms or conditions attached by the Administrator to
the license issued by the Administrator, as notified by the
Secretary.''.
SEC. 4. PROHIBITED ACTS.
(a) In General.--Section 5(a) (16 U.S.C. 973c(a)) is
amended--
(1) by striking ``Except as provided in section 6 of this
Act, it'' at the beginning and inserting ``It'';
(2) by striking paragraphs (3) and (4);
(3) by redesignating paragraphs (5) through (13) as
paragraphs (3) through (11), respectively;
(4) in paragraph (3), as so redesignated, by inserting ``,
except in accordance with an agreement pursuant to the
Treaty'' after ``Closed Area'';
(5) in paragraph (10), as so redesignated, by striking
``or'' at the end;
(6) in paragraph (11), as so redesignated, by striking the
period at the end and inserting a semicolon; and
(7) by adding at the end the following:
``(12) to violate any of the regional terms and conditions;
or
``(13) to violate any limit on authorized fishing effort or
catch.''.
(b) In the Licensing Area.--Section 5(b) (16 U.S.C.
973c(b)) is amended--
(1) by striking ``Except as provided in section 6 of this
Act, it'' and inserting ``It'';
(2) by striking paragraph (5); and
(3) by redesignating paragraphs (6) and (7) as paragraphs
(5) and (6), respectively.
SEC. 5. EXCEPTIONS.
Section 6 (16 U.S.C. 973d) is repealed.
SEC. 6. CRIMINAL OFFENSES.
Section 7(a) (16 U.S.C. 973e(a)) is amended by striking
``section 5(a) (8), (10), (11), or (12)'' and inserting
``paragraphs (6), (8), (9), or (10) of section 5(a)''.
SEC. 7. CIVIL PENALTIES.
(a) Determination of Liability; Amount; Participation by
Secretary of State in Assessment Proceeding.--Section 8(a)
(16 U.S.C. 973f(a)) is amended--
(1) by striking ``Code'' after ``liable to the United
States''; and
(2) by striking ``Except for those acts prohibited by
section 5(a) (4), (5), (7), (8), (10), (11), and (12), and
section 5(b) (1), (2), (3), and (7) of this Act, the'' and
inserting ``The''.
(b) Waiver of Referral to Attorney General.--Section 8(g)
(16 U.S.C. 973f(g)) is amended--
[[Page H2158]]
(1) by striking ``section 5(a)(1), (2), (3), (4), (5), (6),
(7), (8), (9), or (13)'' and inserting ``paragraphs (1), (2),
(3), (4), (5), (6), (7), (11), (12), or (13) of section
5(a)''; and
(2) in paragraph (2), by striking ``, all Limited Areas
closed to fishing,'' after ``outside of the Licensing Area''.
SEC. 8. LICENSES.
(a) Forwarding and Transmittal of Vessel License
Application.--Section 9(b) (16 U.S.C. 973g(b)) is amended to
read as follows:
``(b) In accordance with subsection (e), and except as
provided in subsection (f), the Secretary shall forward a
vessel license application to the Administrator whenever such
application is in accordance with application procedures
established by the Secretary.''.
(b) Fees and Schedules.--Section 9(c) (16 U.S.C. 973g(c))
is amended to read as follows:
``(c) Fees required under the Treaty shall be paid in
accordance with the Treaty and any procedures established by
the Secretary.''.
(c) Minimum Fees Required to Be Received in Initial Year of
Implementation for Forwarding and Transmittal of License
Applications.--Section 9 (16 U.S.C. 973g) is amended--
(1) by striking subsection (f);
(2) by redesignating subsections (g) and (h) as subsections
(f) and (g), respectively;
(3) by amending subsection (f), as so redesignated, to read
as follows:
``(f) The Secretary, in consultation with the Secretary of
State, may determine that a license application should not be
forwarded to the Administrator if--
``(1) the application is not in accordance with the Treaty
or the procedures established by the Secretary; or
``(2) the owner or charterer--
``(A) is the subject of proceedings under the bankruptcy
laws of the United States, unless reasonable financial
assurances have been provided to the Secretary;
``(B) has not established to the satisfaction of the
Secretary that the fishing vessel is fully insured against
all risks and liabilities normally provided in maritime
liability insurance; or
``(C) has not paid any penalty which has become final,
assessed by the Secretary in accordance with this Act.''; and
(4) in subsection (g), as so redesignated--
(A) by amending paragraph (1) to read as follows:
``(1) chapter 12113 of title 46, United States Code;'';
(B) in paragraph (2), by inserting ``of 1972'' after
``Marine Mammal Protection Act'';
(C) in paragraph (3), by inserting ``of 1972'' after
``Marine Mammal Protection Act''; and
(D) in the matter that follows paragraph (3), by striking
``any vessel documented'' and all that follows and inserting
the following:
``any vessel documented under the laws of the United States
as of the date of enactment of the Fisheries Act of 1995 for
which a license has been issued under subsection (a) may fish
for tuna in the Licensing Area, and on the high seas and in
waters subject to the jurisdiction of the United States west
of 146 west longitude and east of 129.5 east longitude in
accordance with international law, subject to the provisions
of the Treaty, this Act, and other applicable law, provided
that no such vessel intentionally deploys a purse seine net
to encircle any dolphin or other marine mammal in the course
of fishing.''.
SEC. 9. ENFORCEMENT.
(a) Notice Requirements to Pacific Island Party Concerning
Institution and Outcome of Legal Proceedings.--Section
10(c)(1) (16 U.S.C. 973h(c)(1)) is amended--
(1) by striking ``paragraph 8 of Article 4 of''; and
(2) by striking ``Article 10 of''.
(b) Searches and Seizures by Authorized Officers;
Limitations on Power.--Section 10(d)(1)(A) (16 U.S.C.
973h(d)(1)(A)) is amended--
(1) in clause (ii), by striking ``or'' at the end; and
(2) in clause (iii), by adding ``or'' at the end.
SEC. 10. FINDINGS BY SECRETARY.
(a) Order to Leave Waters Upon Failure to Submit to
Jurisdiction of Pacific Island Party; Procedure Applicable.--
Section 11(a) (16 U.S.C. 973i(a)) is amended--
(1) by striking ``, all Limited Areas,'';
(2) in paragraph (1)--
(A) in subparagraph (A), by striking ``paragraph 2 of
Article 3 of''; and
(B) in subparagraph (C), by striking ``within the Treaty
Area'' and inserting ``under the jurisdiction''; and
(3) in paragraph (2)--
(A) in subparagraph (A), by striking ``section 5 (a)(4),
(a)(5), (b)(2), or (b)(3)'' and inserting ``paragraph (4) of
section 5(a) or paragraphs (2) or (3) of section 5(b)'';
(B) in subparagraph (B), by striking ``(7)'' and inserting
``(6)''; and
(C) in subparagraph (C), by striking ``(7)'' and inserting
``(6)''.
(b) Order of Vessel to Leave Waters Where Pacific Island
Party Investigating Alleged Treaty Infringement.--Section
11(b) (16 U.S.C. 973i(b)) is amended by striking ``paragraph
7 of Article 5 of''.
SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF INFORMATION.
Section 12 (16 U.S.C. 973j) is amended to read as follows:
``SEC. 12. REPORTING.
``(a) Prohibited Disclosure of Certain Information.--The
Secretary shall keep confidential and may not disclose the
following information, except in accordance with subsection
(b):
``(1) Information provided to the Secretary by the
Administrator that the Administrator has designated
confidential.
``(2) Information collected by observers.
``(3) Information submitted to the Secretary by any person
in compliance with the requirements of this Act.
``(b) Permitted Disclosure of Certain Information.--The
Secretary may disclose information described in subsection
(a)--
``(1) if disclosure is ordered by a court;
``(2) if the information is used by a Federal employee--
``(A) for enforcement; or
``(B) in support of the homeland and national security
missions of the Coast Guard as defined in section 888 of the
Homeland Security Act of 2002 (6 U.S.C. 468);
``(3) if the information is used by a Federal employee or
an employee of the Fishery Management Council for Treaty
administration or fishery management and monitoring;
``(4) to the Administrator, in accordance with the
requirements of the Treaty and this Act;
``(5) to the secretariat or equivalent of an international
fisheries management organization of which the United States
is a member, in accordance with the requirements or decisions
of such organization, and insofar as possible, in accordance
with an agreement that prevents public disclosure of the
identity of any person that submits such information;
``(6) if the Secretary has obtained written authorization
from the person providing such information, and disclosure
does not violate other requirements of this Act; or
``(7) in an aggregate or summary form that does not
directly or indirectly disclose the identity of any person
that submits such information.''.
SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS.
Section 13 (16 U.S.C. 973k) is amended by striking ``. In
particular, the boom shall be lowered'' and all that follows
and inserting ``and in accordance with any requirements
established by the Secretary.''.
SEC. 13. OBSERVERS.
Section 14 (16 U.S.C. 973l) is repealed.
SEC. 14. TECHNICAL ASSISTANCE.
Section 15 (16 U.S.C. 973m) is amended to read as follows:
``SEC. 15. TECHNICAL ASSISTANCE.
``The Secretary and the Secretary of State may provide
assistance to a Pacific Island Party to benefit such Pacific
Island Party from the development of fisheries resources and
the operation of fishing vessels that are licensed pursuant
to the Treaty, including--
``(1) technical assistance;
``(2) training and capacity building opportunities;
``(3) facilitation of the implementation of private sector
activities or partnerships; and
``(4) other activities as determined appropriate by the
Secretary and the Secretary of State.''.
SEC. 15. ARBITRATION.
Section 16 (16 U.S.C. 973n) is amended--
(1) by striking ``Article 6 of'' after ``arbitral tribunal
under''; and
(2) by striking ``paragraph 3 of that Article'', and
inserting ``the Treaty, shall determine the location of the
arbitration''.
SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND
OTHER MONEYS.
Section 17 (16 U.S.C. 973o) is amended by striking
``Article 4 of''.
SEC. 17. ADDITIONAL AGREEMENTS.
Section 18 (16 U.S.C. 973p) is amended by striking ``Within
30 days after'' and all that follows and inserting ``The
Secretary may establish procedures for review of any
agreements for additional fishing access entered into
pursuant to the Treaty.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
Wyoming (Ms. Hageman) and the gentlewoman from New Mexico (Ms. Leger
Fernandez) each will control 20 minutes.
The Chair recognizes the gentlewoman from Wyoming.
General Leave
Ms. HAGEMAN. Mr. Speaker, I ask unanimous consent that all Members
may have 5 legislative days to revise and extend their remarks and
include extraneous material on H.R. 1792, as amended, the bill now
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from Wyoming?
There was no objection.
Ms. HAGEMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I rise in support of H.R. 1792, the South Pacific Tuna
Treaty Act of 2023, sponsored by Mrs. Radewagen of American Samoa.
This legislation would make critical updates to the South Pacific
Tuna Treaty, consistent with amendments that were agreed to between the
United States and the 16 Pacific Island parties in 2016 and ratified by
the Senate in 2022.
The amendments will provide the United States fishing vessels with
greater clarity about the areas that they can access in the parties'
exclusive economic zones. This relationship gives the United States
access to an abundant fishing resource while strengthening our presence
in the region.
Despite the importance of this treaty, the recent amendments are not
self-
[[Page H2159]]
executing. This has led to conflicts between our domestic regulatory
regime and the treaty structure. Making the necessary changes in the
statute to allow the United States and its regulatory agencies to fully
implement the treaty amendments will ensure that they are carried out
effectively.
Mr. Speaker, I thank my colleague, Mrs. Radewagen, for her leadership
on this important issue and urge my colleagues to support this
legislation. I reserve the balance of my time.
Ms. LEGER FERNANDEZ. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, H.R. 1792, the South Pacific Tuna Treaty Act of 2023,
will ensure the continued effective management of tuna fisheries and
the conservation of marine resources in the South Pacific, benefiting
American fisheries in the South Pacific and contributing to the
stability of the region.
Specifically, this legislation would implement the South Pacific Tuna
Treaty, a multilateral treaty between the United States Government and
the Pacific Island States. This treaty authorizes a small U.S. purse
seine vessel fleet to fish in specific and exclusive economic zones of
Pacific Island countries that are party to the treaty. These parties
are Australia, the Cook Islands, the Federated States of Micronesia,
Fiji, Kiribati, the Marshall Islands, Nauru, New Zealand, Niue, Palau,
Papua New Guinea, the Independent State of Samoa, Solomon Islands,
Tonga, Tuvalu, and Vanuatu.
The South Pacific Tuna Treaty entered into force in 1988 and was
extended in 1993 and then again in 2002. Most recently, the parties
began to renegotiate the treaty and its annexes starting in 2009.
{time} 1600
The treaty has been vital for almost three decades, fostering a
mutually beneficial strategic and economic relationship between the
United States and the Pacific Island countries.
The treaty provides access to lucrative tuna fishing grounds and
facilitates cooperation on various issues.
H.R. 1792 proposes adjustments to the South Pacific Tuna Act of 1988
to implement the amended treaty, mainly providing more flexibility for
U.S. vessels and the Pacific Island countries to negotiate access
levels while ensuring a stable operating environment.
This legislation will enable the National Oceanic and Atmospheric
Administration to efficiently implement annual access and fee
agreements and new operational requirements, thereby allowing the
United States and its vessels operating under the treaty to better
utilize its benefits.
Mr. Speaker, I, too, thank Mrs. Radewagen for leading on this issue
and for understanding the needs that we see in the Blue Continent and
understanding the needs of the nations, the freely associated States
and territories in pursuing this kind of legislation.
Mr. Speaker, I urge my colleagues to support the bill, and I reserve
the balance of my time.
Ms. HAGEMAN. Mr. Speaker, I yield 3 minutes to the gentlewoman from
American Samoa (Mrs. Radewagen).
Mrs. RADEWAGEN. Mr. Speaker, I rise today in support of H.R. 1792,
the South Pacific Tuna Treaty Act, which I introduced along with my
original cosponsor, Ed Case of Hawaii.
As Representatives of the beautiful islands of American Samoa in the
South Pacific, a marine economy which depends on a fishing economy like
Hawaii, I applaud our Water, Wildlife and Fisheries Subcommittee Chair
Cliff Bentz of Oregon and Ranking Member Jared Huffman of California
for their bipartisan support implementing this treaty with my friends
and neighbors in the South Pacific.
This bill implements into statute the most recent changes to the
South Pacific Tuna Treaty that was negotiated between NOAA and other
signatory countries to the treaty.
These changes are important to support the American fishing fleet in
the South Pacific where many boats call the port in American Samoa
home.
These changes improve the operation, condition, and flexibility for
the fleet, which is America's last true distant water fishing fleet.
The 1987 treaty enables American tuna purse seine vessels to fish in
the exclusive economic zones of 16 Pacific Island nations and is key to
the ongoing operations of America's South Pacific tuna fleet, including
the 11 purse seiners based in American Samoa.
In 2016, the treaty signatories agreed to several amendments to the
treaty; however, those changes have not yet been reflected in U.S. law,
leaving South Pacific tuna fishermen in a state of uncertainty for
years.
H.R. 1792 will fix these issues.
Mr. Speaker, I also thank U.S. Deputy Assistant Secretary for
International Fisheries Kelly Kryc and American Tunaboat Association
Executive Director William Gibbons-Fly who testified in support of the
bill at last July's hearing.
Finally, I thank Chairman Westerman and Ranking Member Grijalva who
guided the Natural Resources Committee to unanimously approving H.R.
1792 at last October's markup.
``Live long and prosper.'' ``Soifua ma ia manuia.''
Ms. LEGER FERNANDEZ. Mr. Speaker, I am ready to close.
Mr. Speaker, I urge my colleagues to support this bipartisan
legislation so that we can continue to protect our fishing fleet,
protect the waters, and, importantly, protect the tuna that provides
such economic vitality to those fishermen in those countries which rely
on their ability to both capture the tuna. All of those restaurants and
households really want to make sure that we continue to ensure that
tuna is caught in an environmentally and sound way.
Mr. Speaker, I urge support of the legislation, and I yield back the
balance of my time.
Ms. HAGEMAN. Mr. Speaker, when President Ronald Reagan signed the
initial legislation establishing this treaty, he spoke of the
longstanding cooperation and partnership between the United States and
the South Pacific. He stated that the legislation would ``reinforce the
bonds of friendship and affection that unite our peoples.''
The bill we are considering today furthers that effort.
By updating the South Pacific Tuna Treaty in accordance with the 2016
amendments, we begin the next chapter of the partnership between the
United States and the South Pacific. Strengthening these relationships
could not be more important at a time when the United States'
leadership is needed in this region to counter the growing malign
influence of the Chinese Communist Party.
I, once again, thank Mrs. Radewagen for her leadership on this
important issue. I urge the adoption of the legislation, and I yield
back the balance of my time.
The SPEAKER pro tempore (Mr. Cloud). The question is on the motion
offered by the gentlewoman from Wyoming (Ms. Hageman) that the House
suspend the rules and pass the bill, H.R. 1792, 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.
____________________