[House Report 111-228]
[From the U.S. Government Publishing Office]


111th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                    111-228

======================================================================



 
  ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2009

                                _______
                                

 July 24, 2009.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

  Mr. Rahall, from the Committee on Natural Resources, submitted the 
                               following

                              R E P O R T

                        [To accompany H.R. 1080]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on Natural Resources, to whom was referred the 
bill (H.R. 1080) to strengthen enforcement mechanisms to stop 
illegal, unreported, and unregulated fishing, and for other 
purposes, having considered the same, reports favorably thereon 
with an amendment and recommends that the bill as amended do 
pass.
  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Illegal, Unreported, and Unregulated 
Fishing Enforcement Act of 2009''.

SEC. 2. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM 
                    PROTECTION ACT.

  (a) Administration and Enforcement.--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 title, 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 South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
        seq.);
          ``(6) the Antarctic Marine Living Resources Convention Act of 
        1984 (16 U.S.C. 2431 et seq.);
          ``(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971 et seq.);
          ``(8) the Northwest Atlantic Fisheries Convention Act of 1995 
        (16 U.S.C. 5601 et seq.); and
          ``(9) the Western and Central Pacific Fisheries Convention 
        Implementation Act (16 U.S.C. 6901 et seq.).
  ``(c) Administration and Enforcement.--The Secretary shall prevent 
any person from violating this title, 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 title and each such Act.
  ``(d) Special Rules.--
          ``(1) In general.--Notwithstanding the incorporation by 
        reference of certain sections of the Magnuson-Stevens Fishery 
        Conservation and Management Act under subsection (c), if there 
        is a conflict between a provision of this subsection and the 
        corresponding provision of any section of the Magnuson-Stevens 
        Fishery Conservation and Management Act so incorporated, the 
        provision of this subsection shall apply.
          ``(2) 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), to enforce the provisions 
        of any Act to which this section applies may, 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--
                  ``(A) search or inspect any facility or conveyance 
                used or employed in, or which reasonably appears to be 
                used or employed in, the storage, processing, 
                transport, or trade of fish or fish products;
                  ``(B) inspect records pertaining to the storage, 
                processing, transport, or trade of fish or fish 
                products;
                  ``(C) detain, for a period of up to 5 days, any 
                shipment of fish or fish product imported into, landed 
                on, introduced into, exported from, or transported 
                within the jurisdiction of the United States, or, if 
                such fish or fish product is deemed to be perishable, 
                sell and retain the proceeds therefrom for a period of 
                up to 5 days; and
                  ``(D) make an arrest, in accordance with any 
                guidelines which may be issued by the Attorney General, 
                for any offense under the laws of the United States 
                committed in the person's presence, or for the 
                commission of any felony under the laws of the United 
                States, if the person has reasonable grounds to believe 
                that the person to be arrested has committed or is 
                committing a felony;
                  ``(E) search and seize, in accordance with any 
                guidelines that are issued by the Attorney General; and
                  ``(F) execute and serve any subpoena, arrest warrant, 
                search warrant issued in accordance with rule 41 of the 
                Federal Rules of Criminal Procedure, or other warrant 
                or civil or criminal process issued by any officer or 
                court of competent jurisdiction.
          ``(3) Disclosure of enforcement information.--The Secretary 
        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--
                  ``(A) such government, organization, or arrangement 
                has policies and procedures to protect such information 
                from unintended or unauthorized disclosure; and
                  ``(B) 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.
  ``(e) Prohibited Acts.--It is unlawful for any person--
          ``(1) to violate any provision of this title or any 
        regulation or permit issued pursuant to this title;
          ``(2) to refuse to permit any officer authorized to enforce 
        the provisions of this title to board, search, or inspect a 
        vessel, aircraft, vehicle, or shoreside facility subject to 
        such person's control for the purposes of conducting any 
        search, investigation, or inspection in connection with the 
        enforcement of this title, any regulation promulgated under 
        this title, 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
          ``(6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                  ``(A) any observer on a vessel under this title 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 title 
                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.--''.
  (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.--The Secretary 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.
  ``(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) 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 at any point 
                during the preceding three years, 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 replacing with 
        ``three years''.
  (h) Authorization of Appropriations.--
          (1) Section 609(f) of such Act (16 U.S.C. 1826j) is amended 
        by--
                  (A) striking ``2007'' and inserting ``2010''; and
                  (B) striking ``2013'' and inserting ``2015''.
          (2) Section 610(f) of such Act (16 U.S.C. 1826k) is amended 
        by--
                  (A) striking ``2007'' and inserting ``2010''; and
                  (B) striking ``2013'' and inserting ``2015''.
  (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)(1)(A), by striking ``, and 
                which, in the case of pelagic longline fishing, 
                includes mandatory use of circle hooks, careful 
                handling and release equipment, and training and 
                observer programs''.
                  (C) 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. 3. 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--
          (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. 4. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF 1950.

  Section 8 of the Tuna Conventions Act of 1950 (16 U.S.C. 957) is 
amended--
          (1) in subsection (a) by striking ``knowingly'';
          (2) by striking subsections (d) through (g) and inserting the 
        following:
  ``(d) 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
          (3) by redesignating subsection (h) as subsection (e).

SEC. 5. 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. 6. 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;'';
          (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. 7. 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) in section 503(a) (16 U.S.C. 6902(a)), by striking ``one 
        of whom shall be the chairman or a member of the Western 
        Pacific Fishery Management Council and the Pacific Fishery 
        Management Council'' and inserting ``one of whom shall be a 
        member of the Western Pacific Fishery Management Council, and 
        one of whom shall be a member of the Pacific Fishery Management 
        Council'';
          (2) in section 503(c)(1) (16 U.S.C. 6902(c)(1)), by striking 
        ``shall be considered to be Federal employees'' and all that 
        follows through the end of the sentence and inserting ``shall 
        not be considered Federal employees except for purposes of 
        injury compensation and tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 171 of 
        title 28, United States Code.'';
          (3) in section 503(d)(2)(B) (16 U.S.C. 6902(d)(2)(B)), by 
        amending clause (ii) to read as follows:
                          ``(ii) shall not be considered Federal 
                        employees while performing service except for 
                        the purposes of injury compensation and tort 
                        claims liability as provided in chapter 81 of 
                        title 5, United States Code, and chapter 171 of 
                        title 28, United States Code.'';
          (4) 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
          (5) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
        ``suspension, on'' and inserting ``suspension, of''.

SEC. 8. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT OF 1988.

  The South Pacific Tuna Act of 1988 is amended--
          (1) in section 5(a) (16 U.S.C. 973c(a))--
                  (A) in paragraph (8), by inserting ``, 
                investigation,'' after ``search''; and
                  (B) in paragraph (10), by inserting ``, 
                investigation,'' after ``search''; and
          (2) by striking sections 7 and 8 (16 U.S.C. 973e and 973f) 
        and inserting the following:

``SEC. 7. 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. 9. 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'';
          (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.''; 
        and
          (3) by striking sections 308 and 309 (16 U.S.C. 2437 and 
        2438) and inserting the following:

``SEC. 308. 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. 10. 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.''; and
          (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. 11. 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. 12. AMENDMENTS TO THE PACIFIC WHITING ACT OF 2006.

  (a) Scientific Experts on Joint Technical Committee.--Section 
605(a)(1) of the Pacific Whiting Act of 2006 (16 U.S.C. 7004)(a)(1)) is 
amended to read as follows:
          ``(1) In general.--The Secretary, in consultation with the 
        Secretary of State, shall appoint no more than two individuals 
        to serve as scientific experts on the joint technical 
        committee, at least one of whom shall be an official of the 
        National Oceanic and Atmospheric Administration.''; and
  (b) Treatment as Federal Employees.--Section 609(a) of the Pacific 
Whiting Act of 2006 (16 U.S.C. 7008(a)) is amended by striking ``shall 
be considered to be Federal employees while performing such service, 
only for purposes of--'' and all that follows and inserting ``shall not 
be considered Federal employees while performing such service, except 
for 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.''.

SEC. 13. 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. 14. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.

  (a) Prohibited Acts.--Section 7 of the Northern Pacific Halibut Act 
of 1982 (16 U.S.C. 773e) is amended--
          (1) in paragraph (a) by redesignating subparagraphs (1) 
        through (6) as subparagraphs (A) through (F);
          (2) by redesignating paragraphs (a) and (b) as paragraphs (1) 
        and (2), respectively;
          (3) by in paragraph (1)(B), as so redesignated, by inserting 
        ``, investigation,'' before ``or inspection'';
          (4) by 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''.
  (b) Enforcement Powers.--Section 11 of the Northern Pacific Halibut 
Act of 1982 (16 U.S.C. 773i) is amended by adding at the end the 
following:
  ``(g) In addition to the powers of officers authorized pursuant to 
subsection (b), any officer who is authorized by the Secretary, or by 
the head of any Federal or State agency that has entered into an 
agreement with the Secretary under subsection (a), to enforce the 
Convention, this Act, or any regulation adopted under this Act, may--
          ``(1) search or inspect any facility or conveyance used or 
        employed in, or which reasonably appears to be used or employed 
        in, the storage, processing, transport, or trade of fish or 
        fish products;
          ``(2) inspect records pertaining to the storage, processing, 
        transport, or trade of fish or fish products; and
          ``(3) detain, for a period of up to 5 days, any shipment of 
        fish or fish product imported into, landed on, introduced into, 
        exported from, or transported within the jurisdiction of the 
        United States, or, if such fish or fish product is deemed to be 
        perishable, sell and retain the proceeds therefrom for a period 
        of up to 5 days.''.

SEC. 15. 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'';
          (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. 16. 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''.

SEC. 17. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

  (a) International Cooperation and Assistance Program.--The Secretary 
of Commerce, acting through the National Marine Fisheries Service, may 
establish an international cooperation and assistance program, 
including grants, to provide assistance for sustainable fishery 
management capacity building efforts.
  (b) Authorized Activities.--In carrying out the program, the 
Secretary may--
          (1) provide funding and technical expertise to other nations 
        to assist them in addressing illegal, unreported, or 
        unregulated fishing activities;
          (2) provide funding and technical expertise to other nations 
        to assist them in reducing the loss and environmental impacts 
        of derelict fishing gear, reducing the bycatch of living marine 
        resources, and promoting international marine resource 
        conservation;
          (3) provide funding, technical expertise, and training to 
        other nations to aid them in building capacity for enhanced 
        fisheries management, fisheries monitoring, catch and trade 
        tracking activities, enforcement, and international marine 
        resource conservation;
          (4) establish partnerships with other Federal agencies or 
        non-governmental organizations, as appropriate, to ensure that 
        fisheries development assistance to other nations is directed 
        toward projects that promote sustainable fisheries; and
          (5) conduct outreach and education efforts in order to 
        promote public and private sector awareness of international 
        fisheries sustainability issues, including the need to combat 
        illegal, unreported, or unregulated fishing activity and to 
        promote international marine resource conservation.
  (c) Guidelines.--The Secretary may establish guidelines necessary to 
implement the program.
  (d) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2010 
through 2015 to carry out this section.

                          Purpose of the Bill

    The purpose of H.R. 1080 is to strengthen enforcement 
mechanisms to stop illegal, unreported, and unregulated 
fishing, and for other purposes.

                  Background and Need for Legislation

    Over seventy percent of major global marine fish stocks are 
fully exploited, overexploited, depleted, or recovering from 
depletion, driven in part by non-compliance of parties to 
regional fishery management organizations (RFMOs) and to the 
persistence of illegal, unreported, and unregulated (IUU) 
fishing. The Food and Agriculture Organization of the United 
Nations (UN) notes that although the exact extent of IUU 
fishing is not known, it is estimated that for some important 
fisheries IUU fishing accounts for about 30 percent of the 
total catch. The UN General Assembly has termed IUU fishing, 
``one of the greatest threats to marine ecosystems [that] 
continues to have serious and major implications for the 
conservation and management of ocean resources.''
    IUU fishing is an umbrella term for several deleterious 
fishing behaviors. Illegal fishing takes place when vessels 
operate in violation of the laws of a fishery, such as those 
under the jurisdiction of a coastal state or those regulated by 
RFMOs. Unreported fishing is fishing that is not reported or is 
misreported when such reporting is required by the relevant 
national authority or RFMO. Unregulated fishing refers to 
fishing by vessels without nationality or vessels flying the 
flag of a country not party to the relevant RFMO.
    With an annual global value of $10 to $23.5 billion, 
representing between 11 and 26 million tonnes, IUU fishing 
undermines the United States' conservation-focused approach to 
fisheries management and its fishermen. Unsustainable fishing 
practices by foreign fishing fleets adversely affect stocks 
that migrate between the U.S. Exclusive Economic Zone (EEZ) and 
the high seas. 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 this sense, IUU fishers are ``free 
riders'' who benefit unfairly from the sacrifices made by 
others for the sake of proper fisheries conservation and 
management. The growing problem of IUU fishing can 
significantly diminish the benefits of domestic fisheries 
management efforts.
    There are many methods for addressing IUU fishing, 
including depriving fishers of the economic benefits of illegal 
fishing, increasing leverage on other nations to effectively 
monitor and control their fishing vessels, and building 
capacity for enforcement and good governance in developing 
countries, all which were addressed with the reauthorization of 
the Magnuson-Stevens Fishery Conservation and Management Act 
(MSA) in 2006. This reauthorization contained provisions to 
amend the High Seas Driftnet Fishing Moratorium Protection Act 
(HSDFMPA) designed to strengthen controls on IUU fishing on the 
high seas (i.e., areas outside of nations' EEZs). The Secretary 
of Commerce was also directed to produce a biennial report to 
Congress that includes the state of knowledge on the status of 
international living marine resources shared by the United 
States or subject to treaties or agreements to which the United 
States is a party; a list of nations the U.S. has identified as 
having vessels engaged in IUU fishing and/or bycatch of 
protected living marine resources (PLMRs); a description of 
efforts taken by nations on those lists to take appropriate 
corrective actions consistent with the Act; progress at the 
international level to strengthen the efforts of RFMOs to end 
IUU fishing; and the steps taken by the Secretary at the 
international level to adopt measures comparable to those of 
the United States to reduce the impacts of fishing and other 
practices on PLMRs.
    The first biennial report to Congress was released on 
January 13, 2009, and listed the nations of France, Italy, 
Libya, Panama, China, and Tunisia as having vessels engaged in 
IUU fishing. NOAA has subsequently initiated consultations with 
these nations to discuss appropriate corrective actions. 
Pursuant to the MSA, NOAA has also proposed a rule to implement 
certification procedures to address IUU fishing activities. 
Notwithstanding these positive steps and other efforts by NOAA, 
the State Department, and the U.S. Coast Guard, further 
enforcement authorities could enhance the ability of these 
agencies to address IUU fishing. H.R. 1080 provides these 
authorities, including increasing civil and criminal penalties 
to deter the illegal importation of fish products into the 
U.S., enhanced data and information sharing among and between 
governments and RFMOs, the authority to inspect conveyances, 
facilities, and records involving the trade of fish and fish 
products, and support of international assistance and training 
programs.

                            Committee Action

    H.R. 1080 was introduced on February 13, 2009 by Rep. 
Madeleine Z. Bordallo (D-GU). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Insular Affairs, Oceans and Wildlife. On March, 
19, 2009, the Subcommittee held a hearing on the bill. All the 
witnesses testified in support of the legislation.
    On June 9, 2009, the Subcommittee was discharged from 
further consideration of H.R. 1080 and the Full Natural 
Resources Committee met to consider the bill. Subcommittee 
Chairwoman Bordallo offered an amendment in the nature of a 
substitute to allow the Secretary to share data with foreign 
governments for enforcement purposes only, while restricting 
how data is shared with RFMOs; to strengthen the Secretary's 
ability to identify a nation for IUU fishing if it has violated 
conservation and management measures of an RFMO to which the 
U.S. is party; to allow U.S. port access to IUU vessels for 
purposes of investigation; to list vessels that support IUU 
fishing; and to make other technical changes. It was adopted by 
unanimous consent. The bill, as amended, was then ordered 
favorably reported to the House of Representatives by unanimous 
consent.

                      Section-by-Section Analysis


Section 1. Short title

    Section 1 provides that this Act may be cited as the 
``Illegal, Unreported, and Unregulated Fishing Enforcement Act 
of 2009''.

Section 2. Amendments to the High Seas Driftnet Fishing Moratorium 
        Protection Act

    Section 2(a) provides that enforcement of this Act shall be 
conducted by the Secretary of Commerce (hereinafter ``the 
Secretary'') and by the Coast Guard. It also states that the 
Secretary may use services, equipment, and facilities of other 
federal or state agencies by agreement for enforcement 
purposes. These enforcement provisions apply to the Pacific 
Salmon Treaty Act of 1985 (16 U.S.C. 3631), the Dolphin 
Protection Consumer Information Act (16 U.S.C. 1385), the Tuna 
Conventions Act of 1950 (16 U.S.C. 951), the North Pacific 
Anadromous Stocks Act of 1992 (16 U.S.C. 5001), the South 
Pacific Tuna Act of 1988 (16 U.S.C. 973), the Antarctic Marine 
Living Resources Convention Act of 1984 (16 U.S.C. 2431), the 
Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971), the 
Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 
5601), and the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901), which are later amended in 
this Act.
    Section 2(a) also applies sections 308 through 311 of the 
Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1358 through 1861), which are the sections on civil 
penalties and permit sanctions, criminal offenses, civil 
forfeitures, and enforcement, respectively, to this Act. It 
also gives further enforcement authority to: search or inspect 
any facility or conveyance used to store, process, transport, 
or trade fish; inspect records pertaining to storing, 
processing, transporting, or trading fish; detain for up to 
five days shipments of imported or exported fish; arrest a 
person suspected of committing a felony; search and seize; and 
execute and serve a subpoena, arrest warrant, or search 
warrant. This subsection authorizes the Secretary to disclose 
information with international fishery management organizations 
and foreign governments for enforcement purposes. It also 
prohibits violation of this title; refusing to allow an officer 
to board, search, or inspect a vessel; assaulting or impeding 
an enforcement officer or fisheries observer; resisting arrest; 
or preventing the arrest of another person.
    Section 2(b) authorizes the Secretary to disclose 
information to an international fishery management organization 
if there are procedures to safeguard the information. It also 
authorizes the Secretary to make a list of vessels and vessel 
owners engaged in illegal, unreported, and unregulated (IUU) 
fishing or their support vessels and to take appropriate action 
against them, regardless of whether the U.S. is party to the 
specific international fishery management agreement in 
question, so long as it has similar listing procedures and 
criteria to the U.S.
    Section 2(c) and 2(d) authorize the Secretary to notify the 
President of the United States and the nation of origin of 
vessels conducting IUU fishing or fishing practices that result 
in bycatch.
    Section 2(e) and 2(f) strike clauses that would clarify 
that only nations which have been issued a negative 
certification would be subject to the enforcement provisions in 
the High Seas Driftnet Fishing Moratorium Protection Act 
(HSDFMPA).
    Section 2(g) allows the Secretary to identify and list 
vessels engaged in IUU or bycatch of protected living marine 
resources for the preceding three years and nations which have 
violated conservation and management measures of an RFMO to 
which the U.S. is party.
    Section 2(h) changes the dates of authorization of 
appropriations from fiscal years 2007 through 2013 to 2010 
through 2015.
    Section 2(i) provides technical adjustments to effectively 
carry out current IUU identification mandates.

Section 3. Amendments to the High Seas Driftnet Fisheries Enforcement 
        Act

    Section 3 provides that IUU vessels and nations and bycatch 
nations be subject to the penalties contained in the High Seas 
Driftnet Moratorium Protection Act. It also allows U.S. port 
access to IUU vessels for purposes of investigation and 
inspection.

Section 4. Amendments to the Tuna Conventions Act of 1950

    Section 4 amends the Tuna Conventions Act of 1950 to 
authorize additional prohibitions and enforcement measures.

Section 5. Amendments to the Northern Pacific Anadromous Stocks Act of 
        1992

    Section 5 amends the Northern Pacific Anadromous Stocks Act 
of 1992 to authorize additional prohibitions and enforcement 
measures.

Section 6. Amendments to the Pacific Salmon Treaty Act of 1985

    Section 6 amends the Pacific Salmon Treaty Act of 1985 to 
authorize additional prohibitions and enforcement measures.

Section 7. Amendments to the Western and Central Pacific Fisheries 
        Convention Implementation Act

    Section 7 clarifies that the Commission for the 
Conservation and Management of Highly Migratory Fish Stocks in 
the Western and Central Pacific Ocean shall have one member 
each from the Western Pacific Fishery Management Council and 
the Pacific Fishery Management Council. This section also 
eliminates the conflict of interest provision that would 
prevent an industry member from serving on the commission, 
advisory panel, and other groups. This section also authorizes 
additional prohibitions and enforcement measures to the Western 
and Central Pacific Fisheries Convention Implementation Act.

Section 8. Amendments to the South Pacific Tuna Act of 1988

    Section 8 amends the South Pacific Tuna Act of 1988 to 
authorize additional prohibitions and enforcement measures.

Section 9. Amendments to the Antarctic Marine Living Resources 
        Convention Act

    Section 9 amends the Antarctic Marine Living Resources 
Convention Act to authorize additional prohibitions and 
enforcement measures. This section also provides procedures by 
which regulations may be promulgated and implemented by the 
Secretary.

Section 10. Amendments to the Atlantic Tunas Convention Act

    Section 10 amends the Atlantic Tunas Convention Act to 
implement recommendations adopted at the meetings of the 
International Commission for the Conservation of Atlantic Tuna 
in a more timely manner in the U.S. This section also 
authorizes additional prohibitions and enforcement measures to 
the Atlantic Tunas Convention Act and provides procedures by 
which regulations may be promulgated and implemented by the 
Secretary.

Section 11. Amendments to the High Seas Fishing Compliance Act of 1995

    Section 11 amends the High Seas Fishing Compliance Act of 
1995 to eliminate the current term of permits issued. The 
Committee intends that this change will better align permitting 
processes under the High Seas Fishing Compliance Act with the 
timeframe provided in the National Environmental Policy Act.

Section 12. Amendments to the Pacific Whiting Act of 2006

    Section 12 provides for a technical amendment to the 
Pacific Whiting Act of 2006 which clarifies the number of 
scientific experts allowed on the Joint Technical Committee. It 
also eliminates the conflict of interest provision that would 
prevent an industry member from serving on the commission, 
advisory panel, and other groups.

Section 13. Amendments to the Dolphin Protection Consumer Information 
        Act

    Section 13 amends the Dolphin Protection Consumer 
Information Act to authorize additional prohibitions and 
enforcement measures to.

Section 14. Amendments to the Northern Pacific Halibut Act of 1982

    Section 14 amends the Northern Pacific Halibut Act to 
authorize expanded enforcement powers.

Section 15. Amendments to the Northwest Atlantic Fisheries Convention 
        Act of 1995

    Section 15 amends the Northwest Atlantic Fisheries 
Convention Act to authorize additional prohibitions and 
enforcement measures.

Section 16. Amendment to the Magnuson-Stevens Fishery Conservation and 
        Management Act

    Section 16 prohibits the sale of fish taken in violation of 
any treaty or in contravention of any binding conservation 
measure adopted by a regional fishery management organization 
to which the U.S. is party.

Section 17. International Cooperation and Assistance Program

    Section 17 establishes an international cooperation and 
assistance program to provide funding and technical expertise 
to other nations to help them address IUU fishing. It 
authorizes $5 million annually from fiscal years 2010 to 2015 
to carry out this program.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                   Constitutional Authority Statement

    Article I, section 8 of the Constitution of the United 
States grants Congress the authority to enact this bill.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(2) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(3)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974.
    2. Congressional Budget Act. As required by clause 3(c)(2) 
of rule XIII of the Rules of the House of Representatives and 
section 308(a) of the Congressional Budget Act of 1974, this 
bill does not contain any new budget authority, spending 
authority, credit authority, or an increase or decrease in 
revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to strengthen enforcement mechanisms 
to stop illegal, unreported, and unregulated fishing, and for 
other purposes.
    4. Congressional Budget Office Cost Estimate. Under clause 
3(c)(3) of rule XIII of the Rules of the House of 
Representatives and section 403 of the Congressional Budget Act 
of 1974, the Committee has received the following cost estimate 
for this bill from the Director of the Congressional Budget 
Office:

H.R. 1080--Illegal, Unreported, and Unregulated Fishing Enforcement Act 
        of 2009

    Summary: H.R. 1080 would strengthen the authority of the 
National Oceanic and Atmospheric Administration (NOAA) to 
enforce fisheries laws and combat illegal, unreported, and 
unregulated (IUU) fishing by foreign vessels. The bill would 
establish uniform enforcement policies and procedures among the 
many federal statutes that govern the regulation of commercial 
fishing and would reauthorize funding for certain international 
enforcement activities through fiscal year 2015. Finally, the 
bill would authorize the appropriation of $5 million a year 
through 2015 to assist other nations with fishery conservation 
programs and enforcement activities.
    Assuming appropriation of the amounts specifically 
authorized or estimated to be necessary, CBO estimates that 
implementing H.R. 1080 would increase spending by $55 million 
over the 2010-2014 period. Enacting H.R. 1080 could increase 
revenues (from civil and criminal penalties) and associated 
direct spending, but CBO estimates that such increases would be 
less than $500,000 annually and would offset each other in most 
years.
    H.R. 1080 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on state, local, or tribal 
governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of H.R. 1080 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(natural resources and environment).

----------------------------------------------------------------------------------------------------------------
                                                                 By fiscal year, in millions of dollars--
                                                         -------------------------------------------------------
                                                            2010     2011     2012     2013     2014   2010-2014
----------------------------------------------------------------------------------------------------------------
                                  CHANGES IN SPENDING SUBJECT TO APPROPRIATION

Expanded Enforcement Activities
    Estimated Authorization Level.......................        6        6        6        7        7        32
    Estimated Outlays...................................        3        6        6        7        7        29
Reauthorization of Certain Enforcement Programs
    Estimated Authorization Level.......................        0        0        0        0        7         7
    Estimated Outlays...................................        0        0        0        0        6         6
International Cooperation and Assistance
    Authorization Level.................................        5        5        5        5        5        25
    Estimated Outlays...................................        2        3        5        5        5        20
Total Changes
    Estimated Authorization Level.......................       11       11       11       12       19        64
    Estimated Outlays...................................        5        9       11       12       19        55
----------------------------------------------------------------------------------------------------------------

    Basis of estimate: For this estimate, CBO assumes that H.R. 
1080 will be enacted during fiscal year 2009 and that the 
amounts specifically authorized or estimated to be needed will 
be appropriated for each of the following years. Estimated 
authorization levels are based on information provided by NOAA, 
the federal agency primarily responsible for investigating IUU 
activities. Estimated outlays are based on historical spending 
patterns for similar programs.
    H.R. 1080 would provide NOAA with greater authority to 
combat IUU fishing and by-catch of protected species by foreign 
vessels. (By-catch are sea life unintentionally caught by 
commercial fishermen.) The enhanced authority would enable NOAA 
to expand its enforcement activities beginning in 2010, which 
CBO estimates would require $6 million a year (roughly doubling 
the budget for this activity by 2014). The estimated increase 
in discretionary spending over the 2010-2014 period would be 
$29 million. We expect that the additional funding would allow 
the agency to hire between 10 and 20 employees to investigate 
IUU fishing and importing into the United States and to better 
analyze by-catch data on protected species such as sea turtles.
    Section 2 would reauthorize (through 2015) the 
appropriation of whatever amounts are necessary for NOAA to 
combat IUU fishing and by-catch of protected species under the 
High Seas Driftnet Fishing Moratorium Protection Act and the 
Magnuson-Stevens Fishery Conservation and Management Act. Such 
funding is already authorized through 2013. Based on current 
funding levels and administration requests, CBO estimates that 
this provision would cost $6 million in 2014.
    Section 17 would authorize the appropriation of $5 million 
annually through 2015 for grants and technical assistance to 
foreign governments to address IUU fishing and help build 
sustainable fisheries. CBO estimates that this provision would 
cost $20 million over the 2010-2014 period, assuming 
appropriation of the authorized amounts.
    Finally, the bill would increase civil and criminal 
penalties for violations of fishery laws. Based on information 
provided by NOAA, CBO estimates that any increase in revenues 
from penalties would be less than $500,000 a year and would be 
offset by similar increases in direct spending from the Crime 
Victims Fund (for criminal penalties) or by NOAA (for civil 
penalties) as authorized by existing law.
    Intergovernmental and private-sector impact: H.R. 1080 
contains no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimate prepared by: Federal Costs: Deborah Reis; Impact 
on State, Local, and Tribal Governments: Melissa Merrell; 
Impact on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                           Earmark Statement

    H.R. 1080 does not contain any congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined in 
clause 9(d), 9(e) or 9(f) of rule XXI.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

          HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

                     TITLE VI--DRIFTNET MORATORIUM

SEC. 601. SHORT TITLE.

  This title may be cited as the ``High Seas Driftnet Fishing 
Moratorium Protection Act''.

           *       *       *       *       *       *       *


SEC. 606. ENFORCEMENT.

  (a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
this title, 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 South Pacific Tuna Act of 1988 (16 U.S.C. 973 
        et seq.);
          (6) the Antarctic Marine Living Resources Convention 
        Act of 1984 (16 U.S.C. 2431 et seq.);
          (7) the Atlantic Tunas Convention Act of 1975 (16 
        U.S.C. 971 et seq.);
          (8) the Northwest Atlantic Fisheries Convention Act 
        of 1995 (16 U.S.C. 5601 et seq.); and
          (9) the Western and Central Pacific Fisheries 
        Convention Implementation Act (16 U.S.C. 6901 et seq.).
  (c) Administration and Enforcement.--The Secretary shall 
prevent any person from violating this title, 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 title and each such Act.
  (d) Special Rules.--
          (1) In general.--Notwithstanding the incorporation by 
        reference of certain sections of the Magnuson-Stevens 
        Fishery Conservation and Management Act under 
        subsection (c), if there is a conflict between a 
        provision of this subsection and the corresponding 
        provision of any section of the Magnuson-Stevens 
        Fishery Conservation and Management Act so 
        incorporated, the provision of this subsection shall 
        apply.
          (2) 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), to enforce the provisions of any 
        Act to which this section applies may, 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--
                  (A) search or inspect any facility or 
                conveyance used or employed in, or which 
                reasonably appears to be used or employed in, 
                the storage, processing, transport, or trade of 
                fish or fish products;
                  (B) inspect records pertaining to the 
                storage, processing, transport, or trade of 
                fish or fish products;
                  (C) detain, for a period of up to 5 days, any 
                shipment of fish or fish product imported into, 
                landed on, introduced into, exported from, or 
                transported within the jurisdiction of the 
                United States, or, if such fish or fish product 
                is deemed to be perishable, sell and retain the 
                proceeds therefrom for a period of up to 5 
                days; and
                  (D) make an arrest, in accordance with any 
                guidelines which may be issued by the Attorney 
                General, for any offense under the laws of the 
                United States committed in the person's 
                presence, or for the commission of any felony 
                under the laws of the United States, if the 
                person has reasonable grounds to believe that 
                the person to be arrested has committed or is 
                committing a felony;
                  (E) search and seize, in accordance with any 
                guidelines that are issued by the Attorney 
                General; and
                  (F) execute and serve any subpoena, arrest 
                warrant, search warrant issued in accordance 
                with rule 41 of the Federal Rules of Criminal 
                Procedure, or other warrant or civil or 
                criminal process issued by any officer or court 
                of competent jurisdiction.
          (3) Disclosure of enforcement information.--The 
        Secretary 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--
                  (A) such government, organization, or 
                arrangement has policies and procedures to 
                protect such information from unintended or 
                unauthorized disclosure; and
                  (B) 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.
  (e) Prohibited Acts.--It is unlawful for any person--
          (1) to violate any provision of this title or any 
        regulation or permit issued pursuant to this title;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this title to board, search, 
        or inspect a vessel, aircraft, vehicle, or shoreside 
        facility subject to such person's control for the 
        purposes of conducting any search, investigation, or 
        inspection in connection with the enforcement of this 
        title, any regulation promulgated under this title, 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
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                  (A) any observer on a vessel under this title 
                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 title 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.--The President 
shall utilize appropriate assets of the Department of Defense, 
the United States Coast Guard, and other Federal agencies to 
detect, monitor, and prevent violations of the United Nations 
moratorium on large-scale driftnet fishing on the high seas for 
all fisheries under the jurisdiction of the United States and, 
in the case of fisheries not under the jurisdiction of the 
United States, to the fullest extent permitted under 
international law.

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

  The Secretary, in consultation with the Secretary of State, 
shall provide to Congress, by not later than 2 years after the 
date of enactment of the Magnuson-Stevens Fishery Conservation 
and Management Reauthorization Act of 2006, and every 2 years 
thereafter, a report that includes--
          (1) * * *
          (2) a list of nations [whose vessels] that have been 
        identified under section 609(a) or 610(a), including 
        the specific offending activities and any subsequent 
        actions taken pursuant to section 609 or 610;

SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT 
                    ORGANIZATIONS.

  (a) In General.--The Secretary, in consultation with the 
Secretary of State, and in cooperation with relevant fishery 
management councils and any relevant advisory committees, shall 
take actions to improve the effectiveness of international 
fishery management organizations, or arrangements made pursuant 
to an international fishery agreement, in conserving and 
managing fish stocks under their jurisdiction. These actions 
shall include--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Disclosure of Information.--The Secretary 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.
  (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.

SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

  (a) Identification.--
          (1) Identification for actions of fishing vessels.--
        The Secretary shall identify, and list in the report 
        under section 607, a nation if fishing vessels of that 
        nation are engaged, or have been engaged at any point 
        during the preceding [2] 3 years, in illegal, 
        unreported, or unregulated fishing--
                  [(1)] (A) that undermines the effectiveness 
                of measures required by an international 
                fishery management organization, taking into 
                account whether the relevant international 
                fishery management organization has failed to 
                implement effective measures to end the 
                illegal, unreported, or unregulated fishing 
                activity by [vessels of] that nation or the 
                nation is not a party to, or does not maintain 
                cooperating status with, such organization; or
                  [(2)] (B) where no international fishery 
                management organization exists with a mandate 
                to regulate the fishing activity in question.
          (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 at any 
                point during the preceding three years, 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.
  [(b) Notification.--An identification under subsection (a) or 
section 610(a) is deemed to be an identification under section 
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement 
Act (16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify 
the President and that nation of such identification.]
  (b) Notification.--The Secretary shall notify the President 
and that nation of such an identification.

           *       *       *       *       *       *       *

  (d) IUU Certification Procedure.--
          (1) Certification.--The Secretary shall establish a 
        procedure, consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining if a nation identified under subsection (a) 
        and listed in the report under section 607 has taken 
        appropriate corrective action with respect to the 
        offending activities [of its fishing vessels] 
        identified in the report under section 607. The 
        certification procedure shall provide for notice and an 
        opportunity for comment by any such nation. The 
        Secretary shall determine, on the basis of the 
        procedure, and certify to the Congress no later than 90 
        days after the date on which the Secretary promulgates 
        a final rule containing the procedure, and biennially 
        thereafter in the report under section 607--
                  (A) whether the government of each nation 
                identified under subsection (a) has provided 
                documentary evidence that it has taken 
                corrective action with respect to the offending 
                activities [of its fishing vessels] identified 
                in the report; or

           *       *       *       *       *       *       *

          (2) Alternative procedure.--The Secretary may 
        establish a procedure [for certification] 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 [harvesting] nation [not certified under 
        paragraph (1)] issued a negative certification under 
        paragraph (1) if the Secretary determines that--
                  (A) * * *

           *       *       *       *       *       *       *

          (3) Effect of certification.--
                  (A) In general.--The provisions of section 
                101(a) and section 101(b)(3) and (4) of this 
                Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))--
                          (i) shall apply to any nation 
                        identified under subsection (a) [that 
                        has not been certified by the Secretary 
                        under this subsection, or] for which 
                        the Secretary has issued a negative 
                        certification under this subsection; 
                        but

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary for fiscal years [2007] 2010 
through [2013] 2015 such sums as are necessary to carry out 
this section.

SEC. 610. EQUIVALENT CONSERVATION MEASURES.

  (a) Identification.--The Secretary shall identify, and list 
in the report under section 607, a nation if--
          (1) fishing vessels of that nation are engaged, or 
        have been engaged during the preceding [calendar year] 
        three years in fishing activities or [practices;] 
        practices--
                  (A) * * *

           *       *       *       *       *       *       *

  (b) Consultation and Negotiation.--The Secretary, acting 
through the Secretary of State, shall--
          [(1) notify, as soon as possible, other nations whose 
        vessels engage in fishing activities or practices 
        described in subsection (a), about the provisions of 
        this section and this Act;]
          (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;

           *       *       *       *       *       *       *

  (c) Conservation Certification Procedure.--
          (1) Determination.--The Secretary shall establish a 
        procedure consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining whether the government of a harvesting 
        nation identified under subsection (a) and listed in 
        the report under section 607--
                  (A) has provided documentary evidence of the 
                adoption of a regulatory program governing the 
                conservation of the protected living marine 
                resource that is comparable to that of the 
                United States, taking into account different 
                conditions[, and which, in the case of pelagic 
                longline fishing, includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer programs]; 
                and

           *       *       *       *       *       *       *

          [(4) Alternative procedure.--The Secretary shall 
        establish a procedure for certification, on a shipment-
        by-shipment, shipper-by-shipper, or other basis of fish 
        or fish products from a vessel of a harvesting nation 
        not certified under paragraph (3) 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 which, in the case of pelagic 
                longline fishing, includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer programs; 
                and]
          (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

           *       *       *       *       *       *       *

          (5) Effect of Certification.--The provisions of 
        section 101(a) and section 101(b)(3) and (4) of this 
        Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to 
        the extent that such provisions apply to sport fishing 
        equipment or fish or fish products not caught by the 
        vessels engaged in illegal, unreported, or unregulated 
        fishing) shall apply to any nation identified under 
        subsection (a) [that has not been certified by the 
        Secretary under this subsection, or] for which the 
        Secretary has issued a negative certification under 
        this subsection, but shall not apply to any nation 
        identified under subsection (a) for which the Secretary 
        has issued a positive certification under this 
        subsection.

           *       *       *       *       *       *       *

  (f) Authorization of Appropriations.--There are authorized to 
be appropriated to the Secretary for fiscal years [2007] 2010 
through [2013] 2015 such sums as are necessary to carry out 
this section.
                              ----------                              


HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT

           *       *       *       *       *       *       *


            TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-
                    SCALE DRIFTNET FISHING.

  (a) Denial of Port Privileges.--
          (1) * * *
          (2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with [recognized 
        principles of] international law--
                  (A) withhold or revoke the clearance required 
                by section 4197 of the Revised Statutes of the 
                United States (46 App. U.S.C. 91) for any 
                large-scale driftnet fishing vessel that is 
                documented under the laws of the United States 
                or of a nation included on a list published 
                under paragraph (1) 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); and
                  (B) deny entry of that vessel to any place in 
                the United States and to the navigable waters 
                of the United States, except for the purposes 
                of inspecting such vessel, conducting an 
                investigation, or taking other appropriate 
                enforcement action.

           *       *       *       *       *       *       *

  (b) Sanctions.--
          (1) Identifications.--
                  (A) Initial identifications.--Not later than 
                January 10, 1993, the Secretary of Commerce 
                shall--
                          (i) identify each nation whose 
                        nationals or vessels are conducting 
                        large-scale driftnet fishing [or 
                        illegal, unreported, or unregulated 
                        fishing] beyond the exclusive economic 
                        zone of any nation; and

           *       *       *       *       *       *       *

                  (B) Additional identifications.--At any time 
                after January 10, 1993, whenever the Secretary 
                of Commerce has reason to believe that the 
                nationals or vessels of any nation are 
                conducting large-scale driftnet fishing [or 
                illegal, unreported, or unregulated fishing] 
                beyond the exclusive economic zone of any 
                nation, the Secretary of Commerce shall--
                          (i) * * *

           *       *       *       *       *       *       *

          (2) Consultations.--Not later than 30 days after a 
        nation is identified under paragraph (1)(B), the 
        President shall enter into consultations with the 
        government of that nation for the purpose of obtaining 
        an agreement that will effect the immediate termination 
        of large-scale driftnet fishing [or illegal, 
        unreported, or unregulated fishing] by the nationals or 
        vessels of that nation beyond the exclusive economic 
        zone of any nation.
          (3) Prohibition on imports of fish and fish products 
        and sport fishing equipment.--
                  (A) Prohibition.--The President--
                          (i) upon receipt of notification of 
                        the identification of a nation under 
                        paragraph (1)(A) 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)); or

           *       *       *       *       *       *       *

          (4) Additional economic sanctions.--
                  (A) Determination of effectiveness of 
                sanctions.--Not later than six months after the 
                date the Secretary of Commerce identifies a 
                nation under paragraph (1) 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)), the Secretary shall determine 
                whether--
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation to terminate large-scale 
                        driftnet fishing [or illegal, 
                        unreported, or unregulated fishing] 
                        conducted by its nationals and vessels 
                        beyond the exclusive economic zone of 
                        any nation, 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)); or

           *       *       *       *       *       *       *


SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.

  Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that such nation has terminated large-scale driftnet 
fishing [or illegal, unreported, or unregulated fishing] by its 
nationals and vessels beyond the exclusive economic zone of any 
nation 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)).

           *       *       *       *       *       *       *

                              ----------                              


TUNA CONVENTIONS ACT OF 1950

           *       *       *       *       *       *       *


  Sec. 8. (a) It shall be unlawful for any master or other 
person in charge of a fishing vessel of the United States to 
engage in fishing in violation of any regulation adopted 
pursuant to section 6(c) of this Act, or for any person 
[knowingly] to ship, transport, purchase, sell, offer for sale, 
import, export, or have in custody, possession, or control any 
fish taken or retained in violation of such regulations.

           *       *       *       *       *       *       *

  [(d) Any person violating any provision of subsection (a) of 
this section shall be fined not more than $25,000, and for a 
subsequent violation of any provisions of said subsection (a) 
shall be fined not more than $50,000.
  [(e) Any person violating any provision of subsection (b) of 
this section shall be fined not more than $1,000, and for a 
subsequent violation of any provision of subsection (b) shall 
be fined not more than $5,000.
  [(f) Any person violating any provision of subsection (c) of 
this section shall be fined not more than $100,000.
  [(g) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.]
  (d) 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).
  [(h)] (e) Any person violating any provision of subsection 
(b) of this section shall be fined not more than $1,000, and 
for a subsequent violation of any provision of subsection (b) 
shall be fined not more than $5,000.

           *       *       *       *       *       *       *

                              ----------                              


             NORTHERN PACIFIC ANADROMOUS STOCKS ACT OF 1992

         TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

SEC. 801. SHORT TITLE.

  This title may be cited as the ``North Pacific Anadromous 
Stocks Act of 1992''.

           *       *       *       *       *       *       *


SEC. 810. UNLAWFUL ACTIVITIES.

  It is unlawful for any person or fishing vessel subject to 
the jurisdiction of the United States--
          (1) * * *

           *       *       *       *       *       *       *

          (5) to refuse to permit any enforcement officer to 
        board a fishing vessel subject to such person's control 
        for purposes of conducting any search, investigation, 
        or inspection in connection with the enforcement of the 
        Convention, this title, or any regulation issued under 
        this title;
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any enforcement officer 
        in the conduct of any search, investigation, or 
        inspection described in paragraph (5);

           *       *       *       *       *       *       *


[SEC. 811. PENALTIES.

  [(a) Civil Penalties.--(1) Any person who is found by the 
Secretary of Commerce, after notice and opportunity for a 
hearing in accordance with section 554 of title 5, United 
States Code, to have committed an act prohibited by section 810 
shall be liable to the United States for a civil penalty. The 
amount of the civil penalty shall not exceed $100,000 for each 
violation. Each day of a continuing violation shall constitute 
a separate offense. The amount of such civil penalty shall be 
assessed by the Secretary of Commerce, or the Secretary's 
designee, by written notice. In determining the amount of such 
penalty, the Secretary of Commerce shall take into account the 
nature, circumstances, extent, and gravity of the prohibited 
acts committed and, with respect to the violation, the degree 
of culpability, any history of prior offenses, ability to pay, 
and such other matters as justice may require.
  [(2) Any person against whom a civil penalty is assessed 
under paragraph (1) may obtain review thereof in the 
appropriate court of the United States by filing a complaint in 
such court within 30 days from the date of such order and by 
simultaneously serving a copy of such complaint by certified 
mail on the Secretary of Commerce, the Attorney General, and 
the appropriate United States Attorney. The Secretary of 
Commerce shall promptly file in such court a certified copy of 
the record upon which such violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States 
Code. The findings and order of the Secretary of Commerce shall 
be set aside by such court if they are not found to be 
supported by substantial evidence, as provided in section 
706(2) of title 5, United States Code.
  [(3) If any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order, or 
after the appropriate court has entered final judgment in favor 
of the Secretary of Commerce, the matter shall be referred 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.
  [(4) A fishing vessel (including its fishing gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act prohibited by section 810 shall be liable in rem for any 
civil penalty assessed for such violation under paragraph (1) 
and may be proceeded against in any district court of the 
United States having jurisdiction thereof. Such penalty shall 
constitute a maritime lien on such vessel that may be recovered 
in an action in rem in the district court of the United States 
having jurisdiction over the vessel.
  [(5) The Secretary of Commerce may compromise, modify, or 
remit, with or without conditions, any civil penalty that is 
subject to imposition or that has been imposed under this 
section.
  [(6) For the purposes of conducting any hearing under this 
section, the Secretary of Commerce may issue subpoenas for the 
attendance and testimony of witnesses and the production of 
relevant papers, books, and documents, and may administer 
oaths. Witnesses summoned shall be paid the same fees and 
mileage that are paid to witnesses in the courts of the United 
States. In case of contempt or refusal to obey a subpoena 
served upon any person pursuant to this paragraph, the district 
court of the United States for any district in which such 
person is found, resides, or transacts business, upon 
application by the United States and after notice to such 
person, shall have jurisdiction to issue an order requiring 
such person to appear and give testimony before the Secretary 
of Commerce or to appear and produce documents before the 
Secretary of Commerce, or both, and any failure to obey such 
order of the court may be punished by such court as a contempt 
thereof.
  [(b) Offenses.--(1) A person is guilty of an offense if the 
person commits any act prohibited by section 810 (5), (6), (7), 
or (8).
  [(2) Any offense described in paragraph (1) is a class A 
misdemeanor punishable by a fine under title 18, United States 
code, or imprisonment for not more than 6 months, or both; 
except that if in the commission of any offense the person uses 
a dangerous weapon, engages in conduct that causes bodily 
injury to any enforcement officer, or places any such officer 
in fear of imminent bodily injury, the offense is a felony 
punishable by a fine under title 18, United States Code, or 
imprisonment for not more than 10 years, or both.
  [(c) Forfeiture.--(1) Any fishing vessel (including its 
fishing gear, furniture, appurtenances, stores, and cargo) 
used, and any fish (or a fair market value thereof) taken or 
retained, in any manner, in connection with or as a result of 
the commission of any act prohibited by section 810 shall be 
subject to forfeiture to the United States. All or part of such 
vessel may, and all such fish shall, be forfeited to the United 
States pursuant to a civil proceeding under this section.
  [(2) Any district court of the United States shall have 
jurisdiction, upon application of the Attorney General on 
behalf of the United States, to order any forfeiture authorized 
under paragraph (1) and any action provided for under paragraph 
(4).
  [(3) if a judgment is entered for the United States in a 
civil forfeiture proceeding under this section, the Attorney 
General may seize any property or other interest declared 
forfeited to the United States, which has not previously been 
seized pursuant to this title or for which security has not 
previously been obtained. The provisions of the customs laws 
relating to--
          [(A) the seizure, forfeiture, and condemnation of 
        property for violation of the customs law;
          [(B) the disposition of such property or the proceeds 
        from the sale thereof; and
          [(C) the remission or mitigation of any such 
        forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to 
have been incurred, under the provisions of this title, unless 
such provisions are inconsistent with the purposes, policy, and 
provisions of this title.
  [(4)(A) Any officer authorized to serve any process in rem 
that is issued by a court having jurisdiction under section 
809(b) shall--
          [(i) stay the execution of such process; or
          [(ii) discharge any fish seized pursuant to such 
        process;
upon receipt of a satisfactory bond or other security from any 
person claiming such property. Such bond or other security 
shall be conditioned upon such person delivering such property 
to the appropriate court upon order thereof, without any 
impairment of its value, or paying the monetary value of such 
property pursuant to an order of such court. Judgment shall be 
recoverable on such bond or other security against both the 
principal and any sureties in the event that any condition 
thereof is breached, as determined by such court.
  [(B) Any fish seized pursuant to this title may be sold, 
subject to the approval and direction of the appropriate court, 
for not less than the fair market value thereof. The proceeds 
of any such sale shall be deposited with such court pending the 
disposition of the matter involved.
  [(5) For purposes of this section, it shall be a rebuttable 
presumption that all fish found on board a fishing vessel and 
which is seized in connection with an act prohibited by section 
810 were taken or retained in violation of the Convention and 
this title.]

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).
                              ----------                              


PACIFIC SALMON TREATY ACT OF 1985

           *       *       *       *       *       *       *


SEC. 8. PROHIBITED ACTS AND PENALTIES.

  (a) It is unlawful for any person or vessel subject to the 
jurisdiction of the United States--
          (1) * * *
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this title to board a fishing 
        vessel subject to such person's control for purposes of 
        conducting any search, investigation, or inspection in 
        connection with the enforcement of [this title;] this 
        Act;
          (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 [subparagraph (2) ;] paragraph 
        (2);

           *       *       *       *       *       *       *

          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of [this title; or] this Act;

           *       *       *       *       *       *       *

  [(b) Any person who commits any act that is unlawful under 
subsection (a) of this section shall be liable to the United 
States for a civil penalty as provided by section 308 of the 
Magnuson Act (16 U.S.C. 1858).
  [(c) Any person who commits an act that is unlawful under 
paragraph (2), (3), (4), or (6) of subsection (a) of this 
section shall be guilty of an offense punishable as provided by 
section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
  [(d)(1) Any vessel (including its gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act which is prohibited under subsection (a) of this section, 
and any fish (or the fair market value thereof) taken or 
retained, in any manner, in connection with or as a result of 
the commission of any act which is prohibited by subsection (a) 
of this section, shall be subject to forfeiture as provided by 
section 310 of the Magnuson Act (16 U.S.C. 1860).
  [(2) Any fish seized pursuant to this title may be disposed 
of pursuant to the order of a court of competent jurisdiction 
or, if perishable, in a manner prescribed by regulation of the 
Secretary.
  [(e) The Secretary and the Secretary of the Department in 
which the Coast Guard is operating shall enforce the provisions 
of this title and shall have the authority provided by 
subsections 311 (a), (b)(1), and (c) of the Magnuson Act (16 
U.S.C. 1861 (a), (b)(1), and (c)).
  [(f) The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under this section and may, at any time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interest 
        of justice.]
  (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).

           *       *       *       *       *       *       *

                              ----------                              


WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

           *       *       *       *       *       *       *


   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
CONVENTION

           *       *       *       *       *       *       *


SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

  (a) In General.--The United States shall be represented on 
the Commission by 5 United States Commissioners. The President 
shall appoint individuals to serve on the Commission at the 
pleasure of the President. In making the appointments, the 
President shall select Commissioners from among individuals who 
are knowledgeable or experienced concerning highly migratory 
fish stocks in the Western and Central Pacific Ocean, one of 
whom shall be an officer or employee of the Department of 
Commerce, and [one of whom shall be the chairman or a member of 
the Western Pacific Fishery Management Council and the Pacific 
Fishery Management Council] one of whom shall be a member of 
the Western Pacific Fishery Management Council, and one of whom 
shall be a member of the Pacific Fishery Management Council. 
The Commissioners shall be entitled to adopt such rules of 
procedures as they find necessary and to select a chairman from 
among members who are officers or employees of the United 
States Government.

           *       *       *       *       *       *       *

  (c) Administrative Matters.--
          (1) Employment status..--Individuals serving as such 
        Commissioners, other than officers or employees of the 
        United States Government, [shall be considered to be 
        Federal employees while performing such service, only 
        for purposes of--
                  [(A) injury compensation under chapter 81 of 
                title 5, United States Code;
                  [(B) requirements concerning ethics, 
                conflicts of interest, and corruption as 
                provided under title 18, United States Code; 
                and
                  [(C) any other criminal or civil statute or 
                regulation governing the conduct of Federal 
                employees.] shall not be considered Federal 
                employees except for purposes of injury 
                compensation and tort claims liability as 
                provided in chapter 81 of title 5, United 
                States Code, and chapter 171 of title 28, 
                United States Code.

           *       *       *       *       *       *       *

  (d) Advisory Committees.--
          (1) * * *
          (2) Administrative matters.--
                  (A) * * *
                  (B) Compensation; status; expenses.--
                Individuals appointed to serve as a member of 
                an advisory committee--
                          (i) * * *
                          [(ii) shall be considered Federal 
                        employees while performing service as 
                        members of an advisory committee only 
                        for purposes of--
                                  [(I) injury compensation 
                                under chapter 81 of title 5, 
                                United States Code;
                                  [(II) requirements concerning 
                                ethics, conflicts-of-interest, 
                                and corruption, as provided by 
                                title 18, United States Code; 
                                and
                                  [(III) any other criminal or 
                                civil statute or regulation 
                                governing the conduct of 
                                Federal employees in their 
                                capacity as Federal employees.]
                          (ii) shall not be considered Federal 
                        employees while performing service 
                        except for the purposes of injury 
                        compensation and tort claims liability 
                        as provided in chapter 81 of title 5, 
                        United States Code, and chapter 171 of 
                        title 28, United States Code.

           *       *       *       *       *       *       *


SEC. 506. ENFORCEMENT.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Actions by the Secretary.--The Secretary shall prevent 
any person from violating this title in the same manner, by the 
same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857) were incorporated into and made a part of this title. Any 
person that violates any provision of this title is subject to 
the penalties and entitled to the privileges and immunities 
provided in the Magnuson-Stevens Fishery Conservation and 
Management Act in the same manner, by the same means, and with 
the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated 
into and made a part of this title.]
  (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).

           *       *       *       *       *       *       *


SEC. 507. PROHIBITED ACTS.

  (a) In General.--It is unlawful for any person--
          (1) * * *
          (2) to use any fishing vessel to engage in fishing 
        after the revocation, or during the period of 
        [suspension, on] suspension, of an applicable permit 
        issued pursuant to this title;

           *       *       *       *       *       *       *

                              ----------                              


SOUTH PACIFIC TUNA ACT OF 1988

           *       *       *       *       *       *       *


SEC. 5. PROHIBITED ACTS.

  (a) Except as provided in section 6 of this Act, it is 
unlawful for any person subject to the jurisdiction of the 
United States--
          (1) * * *

           *       *       *       *       *       *       *

          (8) to refuse to permit any Authorized Officer or 
        Authorized Party Officer to board a fishing vessel for 
        purposes of conducting a search, investigation, or 
        inspection in connection with the enforcement of this 
        Act or the Treaty;

           *       *       *       *       *       *       *

          (10) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with--
                  (A) any Authorized Officer or Authorized 
                Party Officer in the conduct of a search, 
                investigation, or inspection in connection with 
                the enforcement of this Act or the Treaty; or

           *       *       *       *       *       *       *


[SEC. 7. CRIMINAL OFFENSES.

  [(a) A person is guilty of a criminal offense if he or she 
commits any act prohibited by section 5(a) (8), (10), (11), or 
(12) of this Act.
  [(b) Any offense described in subsection (a) of this section 
is punishable by a fine of not more than $50,000, or 
imprisonment for not more than 6 months, or both; except that 
if in the commission of any such offense the person uses a 
dangerous weapon, engages in conduct that causes bodily injury 
to any Authorized Officer, Authorized Party Officer, or 
observer under the Treaty in the conduct of their duties, or 
places any such Authorized Officer, Authorized Party Officer, 
or observer in fear of imminent bodily injury, the offense is 
punishable by a fine of not more then $100,000 or imprisonment 
for not more than 10 years, or both.
  [(c) The district courts of the United States shall have 
jurisdiction over any offense described in this section.

[SEC. 8. CIVIL PENALTIES.

  [(a) Any person who is found by the Secretary, after notice 
and an opportunity for a hearing in accordance with section 554 
of title 5, United States Code, to have committed an act 
prohibited by section 5 of this Act, shall be liable to the 
United States Code for a civil penalty. Before issuing a notice 
of violation, the Secretary shall consult with the Secretary of 
State. The amount of the civil penalty shall be determined in 
accordance with considerations set forth in the Treaty and 
shall take into account the nature, circumstances, extent, and 
gravity of the prohibited acts committed, and with respect to 
the violator, the degree of culpability, any history of prior 
offenses, ability to pay, and such other matters as justice may 
require. 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 amount of the civil penalty shall 
not exceed $250,000 for each violation. Upon written notice, 
the Secretary of State shall have the right to participate in 
any proceeding initiated to assess a civil penalty for 
violation of this Act.
  [(b) Any person against whom a civil penalty is assessed 
under subsection (a) of this section may obtain review thereof 
in the United States district court for the appropriate 
district by filing a complaint in such court within 30 days 
from the date of the order and by simultaneously serving a copy 
of the complaint by certified mail on the Secretary, the 
Attorney General of the United States, and the appropriate 
United States Attorney. The Secretary shall promptly file in 
the court a certified copy of the record upon which the 
violation was found or the penalty imposed. The findings and 
order of the Secretary shall be set aside or modified by the 
court if they are not found to be supported by substantial 
evidence, as provided in section 706(2) of title 5, United 
States Code.
  [(c) Except as provided in subsection (g) of this section, if 
any person fails to pay an assessment of a civil penalty 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 of the United States, who shall recover the amount 
assessed in any appropriate district court of the United 
States.
  [(d) Except as provided in subsection (g) of this section, a 
fishing vessel (including its fishing gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act prohibited by section 5 of this Act shall be liable in rem 
for any civil penalty assessed for the violation under section 
8 of this Act and may be proceeded against in any district 
court of the United States having jurisdiction thereof. The 
penalty shall constitute a maritime lien on the vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
  [(e) The Secretary, after consultation with the Secretary of 
State, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section.
  [(f) For the purposes of conducting any hearing under this 
section, the Secretary may issue subpoenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, and documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that 
are paid to witnesses in the courts of the United States. In 
case of contempt or refusal to obey a subpoena served upon a 
person pursuant to this subsection, the district court of the 
United States for any district in which the person is found, 
resides, or transacts business, upon application by the United 
States and after notice to the person, shall have jurisdiction 
to issue an order requiring the person to appear and give 
testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to 
obey the order of the court may be punished by the court as a 
contempt thereof.
  [(g) If a vessel used in a violation of section 5(a)(1), (2), 
(3), (4), (5), (6), (7), (8), (9), or (13) or section 5(b) of 
this Act for which a civil penalty has been assessed--
          [(1) had a valid license under the Treaty at the time 
        of the violation, and
          [(2) within 60 days after the penalty assessment has 
        become final, leaves and remains outside of the 
        Licensing Area, all Limited Areas closed to fishing, 
        and all Closed Areas until the final penalty has been 
        paid,
there shall be no referral to the Attorney General under 
subsection (c) of this section or in rem action under 
subsection (d) of this section in connection with such civil 
penalty.]

SEC. 7. 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).

           *       *       *       *       *       *       *

                              ----------                              


ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

           *       *       *       *       *       *       *


TITLE III--ANTARCTIC MARINE LIVING RESOURCES CONVENTION

           *       *       *       *       *       *       *


SEC. 306. UNLAWFUL ACTIVITIES.

  It is unlawful for any person--
          (1) * * *

           *       *       *       *       *       *       *

          (3) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control or 
        possession of, any Antarctic marine living resource (or 
        part or product thereof) [which he knows, or reasonably 
        should have known, was] harvested in violation of a 
        conservation measure in force with respect to the 
        United States pursuant to article IX of the Convention 
        or in violation of any regulation promulgated under 
        this title, without regard to the citizenship of the 
        person that harvested, or vessel that was used in the 
        harvesting of, the Antarctic marine living resource (or 
        part or product thereof);
          (4) to refuse to permit any authorized officer or 
        employee of the United States to board a vessel of the 
        United States or a vessel subject to the jurisdiction 
        of the United States for purposes of conducting any 
        search, investigation, or inspection in connection with 
        the enforcement of the Convention, this title, or any 
        regulations promulgated under this title;
          (5) to assault, resist, oppose, impede, intimidate, 
        or interfere with any authorized officer or employee of 
        the United States in the conduct of any search, 
        investigation, or inspection described in paragraph 
        (4);

           *       *       *       *       *       *       *


SEC. 307. REGULATIONS.

  (a) In general.--The Secretary of Commerce, after 
consultation with the Secretary of State, the Secretary of the 
department in which the Coast Guard is operating, and the heads 
of other appropriate departments or agencies of the United 
States, shall promulgate such regulations as are necessary and 
appropriate to implement the provisions of this title.
  (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. 308. CIVIL PENALTIES.

  [(a) Assessment of Penalties.--(1) Any person who is found by 
the Secretary of Commerce, after notice and opportunity for a 
hearing in accordance with subsection (b), to have committed 
any act prohibited by section 306 shall be liable to the United 
States for a civil penalty. The amount of the civil penalty 
shall not exceed $5,000 for each violation unless the 
prohibited act was knowingly committed, in which case the 
amount of the civil penalty shall not exceed $10,000 for each 
violation. Each day of a continuing violation shall constitute 
a separate violation for purposes of this subsection. The 
amount of any civil penalty shall be assessed by the Secretary 
of Commerce by written notice. In determining the amount of 
such penalty, the Secretary of Commerce shall take into account 
the nature, circumstances, extent, and gravity of the 
prohibited acts committed, and, with respect to the person 
committing the violation, the degree of culpability, any 
history of prior offenses, ability to pay, and such other 
matters as justice may require, to the extent that such 
information is reasonably available to the Secretary.
  [(2) The Secretary of Commerce may compromise, modify, or 
remit, with or without conditions, any civil penalty which is 
subject to imposition or which has been imposed under this 
section, until such time as the matter is referred to the 
Attorney General under subsection (c) of this section.
  [(b) Hearings.--Hearings for the assessment of civil 
penalties under subsection (a) shall be conducted in accordance 
with section 554 of title 5, United States Code. For the 
purposes of conducting any such hearing, the Secretary of 
Commerce may issue subpoenas for the attendance and testimony 
of witnesses and the production of relevant papers, books, and 
documents, and may administer oaths. Witnesses summoned shall 
be paid the same fees and mileage that are paid to witnesses in 
the courts of the United States. In case of contumacy or 
refusal to obey a subpoena served upon any person pursuant to 
this subsection, the district court of the United States for 
any district in which such person is found, resides, or 
transacts business, upon application by the Attorney General of 
the United States and after notice to such person, shall have 
jurisdiction to issue an order requiring such person to appear 
and give testimony before the Secretary of Commerce or to 
appear and produce documents before the Secretary of Commerce, 
or both, and any failure to obey such order of the court may be 
punished by such court as a contempt thereof.
  [(c) Review of Civil Penalty.--Any person against whom a 
civil penalty is assessed under subsection (a) of this section 
may obtain review thereof in the appropriate district court of 
the United States by filing a notice of appeal in such court 
within 30 days from the date of such order and by 
simultaneously sending a copy of such notice by certified mail 
to the Secretary of Commerce, the Attorney General, and the 
appropriate United States Attorney. The Secretary of Commerce 
shall promptly refer the matter to the Attorney General of the 
United States, who shall file in such court a certified copy of 
the record upon which the violation was found or such penalty 
imposed, as provided in section 2112 of title 28, United States 
Code. The court shall set aside the findings and order of the 
Secretary if the findings and order are found to be unsupported 
by substantial evidence, as provided in section 706(2)(E) of 
title 5, United States Code.
  [(d) Recovery of Civil Penalties.--The Attorney General of 
the United States may seek to recover in any appropriate 
district court of the United States (1) any civil penalty 
imposed under this section that has become a final and 
unappealable order and has been referred to the Attorney 
General by the Secretary of Commerce or (2) any final judgment 
rendered under this section in favor of the United States by an 
appropriate Court.
  [(e) Penalties Under Other Laws.--The assessment of a civil 
penalty under subsection (a) for any act shall not be deemed to 
preclude the assessment of a civil penalty for such act under 
any other law.

[SEC. 309. CRIMINAL OFFENSES.

  [(a) Offenses.--A person is guilty of an offense if that 
person commits any act prohibited by paragraph (4), (5), (6), 
or (7) of section 306.
  [(b) Punishment.--Any offense described in subsection (a) is 
punishable by a fine of $50,000, or imprisonment for not more 
than ten years, or both.
  [(c) Offenses Under Other Laws.--A conviction under 
subsection (a) for any act shall not be deemed to preclude a 
conviction for such act under any other law.]

SEC. 308. 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).

           *       *       *       *       *       *       *

                              ----------                              


ATLANTIC TUNAS CONVENTION ACT OF 1975

           *       *       *       *       *       *       *


                             ADMINISTRATION

  Sec. 6. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2)(A) To promulgate regulations referred to in paragraph (1) 
of this subsection, the Secretary shall publish in the Federal 
Register a general notice of proposed rulemaking and shall 
afford interested persons an opportunity to participate in the 
rulemaking through [(A)] (i) submission of written data, views, 
or arguments, and [(B)] (ii) oral presentation at a public 
hearing. Such regulations shall be published in the Federal 
Register and shall be accompanied by a statement of the 
considerations involved in the issuance of the regulations, and 
by a statement, based on inquiries and investigations, 
assessing the nature and effectiveness of the measures for the 
implementation of the Commission's recommendations which are 
being or will be carried out by countries whose vessels engage 
in fishing the species subject to such recommendations within 
the waters to which the Convention applies. After publication 
in the Federal Register, such regulations shall be applicable 
to all vessels and persons subject to the jurisdiction of the 
United States on such date as the Secretary shall prescribe. 
The Secretary shall suspend at any time the application of any 
such regulation when, after consultation with the Secretary of 
State and the United States Commissioners, he determines that 
fishing operations in the Convention area of a contracting 
party for whom the regulations are effective are such as to 
constitute a serious threat to the achievement of the 
Commission's recommendations.
  (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.

           *       *       *       *       *       *       *


     VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED LAWS

  Sec. 7. (a) * * *

           *       *       *       *       *       *       *

  [(e) The civil penalty and permit sanctions of section 308 of 
the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1858) are hereby made applicable to violations of 
this section as if they were violations of section 307 of that 
Act.
  [(f) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.]
  [(g)] (e) All provisions of law relating to the seizure, 
judicial forfeiture, and condemnation of a cargo for violation 
of the customs laws, the disposition of such cargo or the 
proceeds from the sale thereof, and the remission or mitigation 
of such forfeitures shall apply to seizures and forfeitures 
incurred, or alleged to have been incurred, under the 
provisions of this Act, insofar as such provisions of law are 
applicable and not inconsistent with the provisions of this 
Act.

                              ENFORCEMENT

  Sec. 8. [(a) Any person authorized in accordance with the 
provisions of this Act to enforce the provisions of this Act 
and the regulations issued thereunder may--
          [(1) with or without a warrant, board any vessel 
        subject to the jurisdiction of the United States and 
        inspect such vessel and its catch and, if as a result 
        of such inspection, he has reasonable cause to believe 
        that such vessel or any person on board is engaging in 
        operations in violation of this Act or any regulations 
        issued thereunder, he may, with or without a warrant or 
        other process, arrest such person;
          [(2) arrest, with or without a warrant, any person 
        who violates the provisions of this Act or any 
        regulation issued thereunder in his presence or view;
          [(3) execute any warrant or other process issued by 
        an officer or court of competent jurisdiction; and
          [(4) seize, whenever and wherever lawfully found, all 
        fish taken or retained by a vessel subject to the 
        jurisdiction of the United States in violation of the 
        provisions of this Act or any regulations issued 
        pursuant thereto. Any fish so seized may be disposed of 
        pursuant to an order of a court of competent 
        jurisdiction, or, if perishable, in a manner prescribed 
        by regulation of the Secretary.]
  (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).
  (b) To the extent authorized under the convention or by 
agreements between the United States and any contracting party 
concluded pursuant to section 5(b) of this Act for 
international enforcement, the duly authorized officials of 
such party shall have the authority to carry out [the 
enforcement activities specified in section 8(a) of this Act] 
enforcement activities with respect to this Act that are 
otherwise authorized by law with respect to persons or vessels 
subject to the jurisdiction of the United States, and the 
officials of the United States authorized pursuant to this 
section shall have the authority to carry out [the enforcement 
activities specified in section 8(a) of this Act] enforcement 
activities with respect to this Act that are otherwise 
authorized by law with respect to persons or vessels subject to 
the jurisdiction of such party, except that where any agreement 
provides for arrest or seizure of persons or vessels under 
United States jurisdiction it shall also provide that the 
person or vessel arrested or seized shall be promptly handed 
over to a United States enforcement officer or another 
authorized United States official.
  [(c) Notwithstanding the provisions of section 2464 of title 
28, United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any fish seized if the process has been 
levied, on receiving from the claimant of the fish a bond or 
stipulation for the value of the property with sufficient 
surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court. In the discretion of the accused, and 
subject to the direction of the court, the fish may be sold for 
not less than its reasonable market value at the time of 
seizure and the proceeds of such sale placed in the registry of 
the court pending judgment in the case.]

           *       *       *       *       *       *       *


                             [ANNUAL REPORT

  [Sec. 11. Not later than April 1, 1996, and annually 
thereafter, the Secretary shall prepare and transmit to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report, that--
          [(1) details for the previous 10-year period the 
        catches and exports to the United States of highly 
        migratory species (including tunas, swordfish, marlin 
        and sharks) from Nations fishing on Atlantic stocks of 
        such species that are subject to management by the 
        Commission;
          [(2) identifies those fishing Nations whose harvests 
        are inconsistent with conservation and management 
        recommendations of the Commission;
          [(3) describes reporting requirements established by 
        the Secretary to ensure that imported fish products are 
        in compliance with all international management 
        measures, including minimum size requirements, 
        established by the Commission and other international 
        fishery organizations to which the United States is a 
        party; and
          [(4) describes actions taken by the Secretary under 
        section 6.]

                             SAVINGS CLAUSE

  Sec. [12.] 11. Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any Nation under 
Article VIII(3) of the Convention.

                              SEPARABILITY

  Sec. [13.] 12. If any provision of this Act or the 
applications of such provision to any circumstance or persons 
shall be held invalid, the validity of the remainder of the Act 
and the applicability of such provision to other circumstances 
or persons shall not be affected thereby.
                              ----------                              


      SECTION 104 OF THE HIGH SEAS FISHING COMPLIANCE ACT OF 1995

SEC. 104. PERMITTING.

  (a) * * *

           *       *       *       *       *       *       *

  [(f) Duration.--A permit issued under this section is valid 
for 5 years. A permit issued under this section is void in the 
event the vessel is no longer eligible for United States 
documentation, such documentation is revoked or denied, or the 
vessel is deleted from such documentation.]
  (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.
                              ----------                              


PACIFIC WHITING ACT OF 2006

           *       *       *       *       *       *       *


TITLE VI--PACIFIC WHITING

           *       *       *       *       *       *       *


SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL COMMITTEE.

  (a) Scientific Experts.--
          [(1) In general.--The Secretary, in consultation with 
        the Secretary of State, shall appoint at least 6 but 
        not more than 12 individuals to serve as scientific 
        experts on the joint technical committee, at least 1 of 
        whom shall be an official of the National Oceanic and 
        Atmospheric Administration.]
          (1) In general.--The Secretary, in consultation with 
        the Secretary of State, shall appoint no more than two 
        individuals to serve as scientific experts on the joint 
        technical committee, at least one of whom shall be an 
        official of the National Oceanic and Atmospheric 
        Administration.

           *       *       *       *       *       *       *


SEC. 609. ADMINISTRATIVE MATTERS.

  (a) Employment Status.--Individuals appointed under section 
603, 604, 605, or 606 of this title who are serving as such 
Commissioners, other than officers or employees of the United 
States Government, [shall be considered to be Federal employees 
while performing such service, only for purposes of--
          [(1) injury compensation under chapter 81 of title 5, 
        United States Code;
          [(2) requirements concerning ethics, conflicts of 
        interest, and corruption as provided under title 18, 
        United States Code; and
          [(3) any other criminal or civil statute or 
        regulation governing the conduct of Federal employees.] 
        shall not be considered Federal employees while 
        performing such service, except for 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.

           *       *       *       *       *       *       *

                              ----------                              


              DOLPHIN PROTECTION CONSUMER INFORMATION ACT

                           DOLPHIN PROTECTION

  Sec. 901. (a) Short Title.--This section may be cited as the 
``Dolphin Protection Consumer Information Act''.

           *       *       *       *       *       *       *

  [(e) Enforcement.--Any person who knowingly and willfully 
makes a statement or endorsement described in subsection 
(d)(2)(B) that is false is liable for a civil penalty of not to 
exceed $100,000 assessed in an action brought in any 
appropriate district court of the United States on behalf of 
the Secretary.]
  (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).

           *       *       *       *       *       *       *

                              ----------                              


NORTHERN PACIFIC HALIBUT ACT OF 1982

           *       *       *       *       *       *       *


  Sec. 7. It is unlawful--
          [(a)] (1) for any person subject to the jurisdiction 
        of the United States--
                  [(1)] (A) to violate any provision of the 
                Convention, this Act or any regulation adopted 
                under this Act;
                  [(2)] (B) to refuse to permit any enforcement 
                officer to board a fishing vessel subject to 
                such person's control for purposes of 
                conducting any search, investigation, or 
                inspection in connection with the enforcement 
                of the Convention, this Act or any regulation 
                adopted under this Act;
                  [(3)] (C) to forcibly assault, resist, 
                oppose, impede, intimidate or interfere with 
                any enforcement officer in the conduct of any 
                search, investigation, or inspection described 
                in paragraph (2);
                  [(4)] (D) to resist a lawful arrest or 
                detention for any act prohibited by this 
                section;
                  [(5)] (E) to ship, transport, offer for sale, 
                sell, purchase, import, export or have custody, 
                control or possession of, any fish taken or 
                retained in violation of the Convention, this 
                Act, or any regulation adopted under this Act; 
                [or]
                  [(6)] (F) to interfere with, delay or 
                prevent, by any means, the apprehension, arrest 
                or detention of another person, knowing that 
                such person has committed any act prohibited by 
                this [section.] section; or
          [(b)] (2) for any foreign fishing vessel, and for the 
        owner or operator of any foreign fishing vessel, to 
        engage in fishing for halibut in the fishery 
        conservation zone, unless such fishing is authorized 
        by, and conducted in accordance with the Convention, 
        this Act and regulations adopted under this Act.

           *       *       *       *       *       *       *

  Sec. 11. (a) * * *

           *       *       *       *       *       *       *

  (g) In addition to the powers of officers authorized pursuant 
to subsection (b), any officer who is authorized by the 
Secretary, or by the head of any Federal or State agency that 
has entered into an agreement with the Secretary under 
subsection (a), to enforce the Convention, this Act, or any 
regulation adopted under this Act, may--
          (1) search or inspect any facility or conveyance used 
        or employed in, or which reasonably appears to be used 
        or employed in, the storage, processing, transport, or 
        trade of fish or fish products;
          (2) inspect records pertaining to the storage, 
        processing, transport, or trade of fish or fish 
        products; and
          (3) detain, for a period of up to 5 days, any 
        shipment of fish or fish product imported into, landed 
        on, introduced into, exported from, or transported 
        within the jurisdiction of the United States, or, if 
        such fish or fish product is deemed to be perishable, 
        sell and retain the proceeds therefrom for a period of 
        up to 5 days.

           *       *       *       *       *       *       *

                              ----------                              


          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

           *       *       *       *       *       *       *


SEC. 207. PROHIBITED ACTS [AND PENALTIES] AND ENFORCEMENT.

  (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
          (1) * * *
          (2) to refuse to permit any authorized enforcement 
        officer to board a fishing vessel that is subject to 
        the person's control for purposes of conducting any 
        search, investigation, or inspection in connection with 
        the enforcement of this title, any regulation issued 
        under this title, or any measure that is legally 
        binding on the United States under the Convention;
          (3) forcibly to assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized 
        enforcement officer in the conduct of any search, 
        investigation, or inspection described in paragraph 
        (2);

           *       *       *       *       *       *       *

  [(b) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) shall be liable to the United 
States for a civil penalty, or may be subject to a permit 
sanction, under section 308 of the Magnuson Act (16 U.S.C. 
1858).
  [(c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection 
(a) shall be guilty of an offense punishable under section 
309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
  [(d) Civil Forfeitures.--
          [(1) In general.--Any vessel (including its gear, 
        furniture, appurtenances, stores, and cargo) used in 
        the commission of an act that is unlawful under 
        subsection (a), and any fish (or the fair market value 
        thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any 
        act that is unlawful under subsection (a), shall be 
        subject to seizure and forfeiture as provided in 
        section 310 of the Magnuson Act (16 U.S.C. 1860).
          [(2) Disposal of fish.--Any fish seized pursuant to 
        this title may be disposed of pursuant to the order of 
        a court of competent jurisdiction or, if perishable, in 
        a manner prescribed by regulations issued by the 
        Secretary.
  [(e) Enforcement.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
the provisions of this title and shall have the authority 
specified in section 311 (a), (b)(1), and (c) of the Magnuson 
Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that purpose.
  [(f) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under this section and may, at any 
time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interests 
        of justice.]
  (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).

           *       *       *       *       *       *       *

                              ----------                              


MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

           *       *       *       *       *       *       *


TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *


SEC. 307. PROHIBITED ACTS.

  It is unlawful--
          (1) for any person--
                  (A) * * *

           *       *       *       *       *       *       *

                  (Q) to import, export, transport, sell, 
                receive, acquire, or purchase in interstate or 
                foreign commerce any fish taken, possessed, 
                transported, or sold in violation of any 
                foreign law or regulation 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; or

           *       *       *       *       *       *       *


                                  
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