[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.

                          ____________________