[Congressional Record Volume 171, Number 80 (Tuesday, May 13, 2025)]
[House]
[Pages H1977-H1979]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SOUTH PACIFIC TUNA TREATY ACT OF 2025
Mr. WESTERMAN. Mr. Speaker, I move to suspend the rules and pass the
bill (H.R. 531) 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. 531
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 2025''.
(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--
(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
[[Page H1978]]
(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 (3) of
section 5(a) or paragraph (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
``(5)''.
(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.--Except
as provided in subsection (b), the Secretary shall keep
confidential and may not disclose the following information
(and such information shall be exempt from disclosure under
section 552(b)(3) of title 5, United States Code):
``(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.
``(c) Savings Clause.--
``(1) In general.--Nothing in this section shall be
construed to adversely affect the authority of Congress,
including a Committee or Member thereof, to obtain any record
or information.
``(2) No negative implication.--The absence of a provision
similar to paragraph (1) in any other provision of law shall
not be construed to limit the ability of Congress, including
a Committee or Member thereof, to obtain any record or
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 gentleman from
Arkansas (Mr. Westerman) and the gentlewoman from Oregon (Ms. Hoyle)
each will control 20 minutes.
The Chair recognizes the gentleman from Arkansas.
General Leave
Mr. WESTERMAN. 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. 531, the bill now under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Arkansas?
There was no objection.
Mr. WESTERMAN. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, I rise in strong support of the South Pacific Tuna
Treaty Act of 2025, introduced by my friend, Congresswoman Radewagen
from American Samoa.
This legislation, which was adopted by voice vote in the House in the
118th Congress, codifies updates to the South Pacific Tuna Treaty that
were first agreed to in 2016 and later adopted by the United States
Senate in 2022.
The United States first entered into this treaty with 16 Pacific
Island nations under President Ronald Reagan. It gives the United
States access to some of the most fertile fishing waters that are found
anywhere in the world.
This strengthens the United States' tuna fleet, which has experienced
a rapid decline in recent decades, while also bolstering the United
States' presence in the South Pacific.
The 2016 amendments improved the treaty's execution and clarified
specific provisions. However, these important updates have not been
codified, which has caused regulatory uncertainty.
Mr. Speaker, adopting this legislation will bring about the next
chapter of the United States' engagement in the South Pacific. I thank
Mrs. Radewagen for her leadership on this important issue, and I
reserve the balance of my time.
Ms. HOYLE of Oregon. Mr. Speaker, H.R. 531, the South Pacific Tuna
Treaty Act of 2025, will help sustain American tuna fisheries and the
conservation of marine resources in the South Pacific.
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 the small U.S. purse seine vessel fleet to
fish in specific and exclusive economic zones in the Pacific Island
countries that are part of the treaty. These parties include Australia,
the Cook Islands, Fiji, New Zealand, Palau, Papua New Guinea, Samoa,
the Solomon Islands, Tonga, and many more island nations.
The exclusive economic zones of these nations are very close together
and not far from American Samoa. There is little international water
between them.
Purse seine fishing often uses fish aggregating devices, or FADs,
which are large, circular nets that drift independently through the
water for hundreds of miles until they catch fish. They have sonar and
GPS, so the fishing boat knows where they are and when the net is full.
The nature of this fishing method, combined with the proximity of
these countries, means that FADs can be released in international
waters but float through other countries' EEZs while catching fish
along the way. Without access to these EEZs, the U.S. purse seine fleet
cannot retrieve the fish that they catch.
The South Pacific Tuna Treaty provides the U.S. fleet with access to
these lucrative tuna fishing grounds and facilitates cooperation on
various issues. It 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 was entered into force in 1988, was extended in 1993, and
then again in 2002. Most recently, the parties began renegotiating the
treaty and its annexes in 2009 and reached agreement in 2016.
The bill today 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
[[Page H1979]]
while ensuring a stable operating environment.
This legislation will enable the National Oceanic and Atmospheric
Administration to implement annual access and fee agreements and new
operational requirements efficiently, provided we still have enough
staff to operate NOAA efficiently.
It will allow the United States and its vessels operating under the
treaty to better utilize these benefits. This bill will benefit U.S.
fisheries and help maintain a strong U.S. presence in the South Pacific
region.
Mr. Speaker, I urge a ``yes'' vote on this bill, and I reserve the
balance of my time.
Mr. WESTERMAN. Mr. Speaker, I yield 2 minutes to the gentlewoman from
American Samoa (Mrs. Radewagen), the lead sponsor of this bill.
Mrs. RADEWAGEN. Mr. Speaker, I rise today in support of my bill, the
South Pacific Tuna Treaty Act.
I represent the beautiful islands of American Samoa 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, of which many boats call American Samoa home. These
changes improve the operational conditions and flexibility for the
fleet, which is America's last true distant-water fishing fleet.
Mr. Speaker, I thank the bill's cosponsor, the gentleman from Hawaii
(Mr. Case), for his support of this legislation.
``Live long and prosper.'' ``Soifua ma ia manuia.''
Ms. HOYLE of Oregon. Mr. Speaker, I urge my colleagues to support the
legislation, and I yield back the balance of my time.
Mr. WESTERMAN. Mr. Speaker, on April 17, American Samoa celebrated
125 years as a territory of the United States. As we observe this
historic milestone, enacting this legislation will ensure that the
United States will continue its strong presence in the Pacific region.
When President Reagan first signed the legislation that established
this treaty in the 1980s, he spoke of the bonds of friendship and
affection that unite our people. This bill will ensure that these
important partnerships will continue for years and decades to come.
Mr. Speaker, I thank Congresswoman Radewagen once again for her
tireless work on this legislation. I urge my colleagues to support its
swift passage, and I yield back the balance of my time.
Mr. CASE. Mr. Speaker, I rise today in strong support of
Congresswoman Radewagen's South Pacific Tuna Treaty Act. I am an
original cosponsor of this bill because we urgently need this update to
U.S. law that will strengthen our national tuna fleet, restore
regulatory clarity and reinforce America's presence and partnerships
across the Pacific.
The South Pacific Tuna Treaty, first signed in 1987, has long been
the cornerstone of U.S. access to the tuna-rich waters of sixteen
Pacific Island nations. This access supports the operations of American
purse-seine vessels, ensuring that our fleet can remain competitive in
a region that is both economically and strategically vital.
The amendments enacted in 2016 provided much-needed updates,
including clearer access terms and more flexible mechanisms for
engagement with Pacific Island countries. But nearly a decade later,
these improvements are still not reflected in U.S. law.
This legal disconnect has left the American fleet, including vessels
operating out of Hawaii, in a state of regulatory limbo. Operators are
forced to navigate conflicting rules between what the treaty allows and
what our domestic regulations enforce. It's a situation that adds
unnecessary risk, uncertainty and cost to an industry that is already
facing tight margins and fierce international competition.
This uncertainty has serious consequences, particularly for Hawaii.
My home state is not just a waypoint for the U.S. South Pacific fleet,
it is a central base of operations, home to many of the crews,
companies and services that keep the industry running. The fishing
industry supports good-paying jobs across the Hawaiian Islands and
ensures our communities have access to healthy, locally sourced
seafood.
The impact is equally critical in American Samoa, where the tuna
industry forms the backbone of the territory's private sector and plays
an essential role in supporting families and sustaining the local
econony.
Passing the South Pacific Tuna Treaty Act today will eliminate this
long-standing regulatory conflict, bring our domestic laws into
alignment with the amended treaty and restore stability to a sector
that is vital to the economic wellbeing of Hawaii and American Samoa.
It provides the clarity our fleet needs to operate effectively and the
consistency our Pacific partners expect from the United States.
The significance of this legislation extends well beyond economic
benefits. The treaty itself embodies a broader commitment, one rooted
in decades of cooperation, mutual respect and shared responsibility for
the stewardship of ocean resources. By fully implementing the amended
treaty, we not only support our fishermen and industry partners but
also reaffirm the United States as a trusted ally to Pacific Island
nations, help strengthen regional stability and reinforce our
leadership in a part of the world where long-term relationships are
built on trust, continuity and cultural understanding.
I urge my colleagues to join me in supporting this legislation--for
the future of American fisheries, for the strength of our partnerships
across the Pacific and for the communities in Hawaii and American Samoa
that depend on this industry.
Mahalo.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Arkansas (Mr. Westerman) that the House suspend the
rules and pass the bill, H.R. 531, as amended.
The question was taken; and (two-thirds being in the affirmative) the
rules were suspended and the bill, as amended, was passed.
A motion to reconsider was laid on the table.
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