[Senate Report 111-388]
[From the U.S. Government Publishing Office]


111th Congress 
 2d Session                      SENATE                          Report
                                                                111-388
_______________________________________________________________________

                                     

                                                       Calendar No. 710

    INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT OF 2009

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                S. 2870



                                     

               December 22, 2010.--Ordered to be printed
       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                     one hundred eleventh congress
                             second session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
DANIEL K. INOUYE, Hawaii             KAY BAILEY HUTCHISON, Texas
JOHN F. KERRY, Massachusetts         OLYMPIA J. SNOWE, Maine
BYRON L. DORGAN, North Dakota        JOHN ENSIGN, Nevada
BARBARA BOXER, California            JIM DeMINT, South Carolina
BILL NELSON, Florida                 JOHN THUNE, South Dakota
MARIA CANTWELL, Washington           ROGER F. WICKER, Mississippi
FRANK R. LAUTENBERG, New Jersey      GEORGE S. LeMIEUX, Florida
MARK PRYOR, Arkansas                 JOHNNY ISAKSON, Georgia
CLAIRE McCASKILL, Missouri           DAVID VITTER, Louisiana
AMY KLOBUCHAR, Minnesota             SAM BROWNBACK, Kansas
TOM UDALL, New Mexico                MIKE JOHANNS, Nebraska
MARK WARNER, Virginia
MARK BEGICH, Alaska
                     Ellen Doneski, Staff Director
                   James Reid, Deputy Staff Director
                     Bruce Andrews, General Counsel
                 Ann Begeman, Republican Staff Director
              Brian Hendricks, Republican General Counsel
                Todd Bertoson, Republican Senior Counsel


                                                       Calendar No. 710
111th Congress                                                   Report
                                 SENATE
 2d Session                                                     111-388

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



 
    INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT OF 2009

                                _______
                                

               December 22, 2010.--Ordered to be printed

                                _______
                                

     Mr. Rockefeller, from the Committee on Commerce, Science, and 
                Transportation, submitted the following

                              R E P O R T

                         [To accompany S. 2870]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 2870) to establish uniform 
administrative and enforcement procedures and penalties for the 
enforcement of the High Seas Driftnet Fishing Moratorium 
Protection Act and similar statutes, and for other purposes, 
having considered the same, reports favorably thereon without 
amendment and recommends that the bill do pass.

                          Purpose of the Bill

  The purposes of S. 2870, the International Fisheries 
Stewardship and Enforcement Act of 2009, are to: strengthen and 
harmonize the enforcement provisions of U.S. statutes for 
implementing international fisheries agreements; authorize 
actions regarding foreign vessels engaged in illegal, 
unregulated, and unreported (IUU) fishing; authorize actions 
regarding the importation of IUU fish and fish product into the 
U.S.; create interagency programs for coordinating 
international fisheries enforcement and assistance to 
developing countries; make other technical and clarifying 
changes to international fisheries statutes; and authorize 
implementing legislation for the Antigua Convention.

                          Background and Needs

  Many fish stocks around the world have become depleted in the 
last several decades as a result of fleet overcapacity, 
overfishing, and ineffective fisheries law enforcement regimes. 
Coastal nations are responsible for managing the stocks that 
fall within their domestic waters, which extend up to 200 
nautical miles from their coastline, also known as their 
Exclusive Economic Zone (EEZ). Unfortunately, many of these 
coastal nations do not manage for stock sustainability, enforce 
their regulations effectively, or coordinate management of 
shared stocks with other fishing nations.
  The coordinated management of shared stocks among nations is 
accomplished by those nations participating in Regional 
Fisheries Management Organizations (RFMOs) or through 
international agreements created to guide and coordinate the 
fisheries management activities of multiple nations that target 
common stocks in specific regions. Each nation that chooses to 
participate in RFMOs or fisheries agreements retains its 
sovereignty, yet is expected to develop domestic fisheries laws 
and regulations consistent with each agreement. The U.S. 
follows this practice and seeks to implement legislation and 
regulations to meet the commitments under RFMOs and 
international fisheries agreements. Short of such an agreement 
or implementing legislation, U.S. fisheries managers seek 
discussions with foreign counterparts to address concerns on 
interjurisdictional stock management.
  All U.S. international fishery enforcement activities are 
coordinated closely between the National Marine Fisheries 
Service (NMFS), the State Department, and the Coast Guard. The 
NMFS and the Coast Guard also provide input for the State 
Department's negotiations of fishery treaties and agreements, 
in addition to reviewing foreign fishing vessel permit 
applications. The NMFS and the Coast Guard jointly conduct 
fisheries enforcement patrols and investigations under a wide-
ranging memorandum of understanding (MOU). Additionally, the 
NMFS and the Coast Guard cooperate closely with individual 
states and territories, and coordinate Magnuson-Stevens Fishery 
Conservation and Management Act (MSA, 10 U.S.C. 1801 et seq.) 
enforcement in and adjacent to state and territorial waters. 
Also, NMFS works closely with Customs and Border Protection to 
detect and intercept illegal fish and fish product from 
entering the U.S. Further, the Coast Guard conducts 
international enforcement operations in close coordination with 
the State Department, as required by Presidential Directive 27.
Foreign Illegal, Unreported, and Unregulated (IUU) Fishing
  In general, the term ``IUU fishing'' describes a range of 
fishing activities including the failure to report or the 
misreporting of catches, fishing without the permission of a 
coastal country, and noncompliance with fishing gear and area 
rules. The extent to which IUU fishing occurs is not known 
precisely, but some have estimated that it accounts for as much 
as one quarter of the world's fish catch, and as such, 
represents one of the greatest challenges to sustainable global 
fishing management and conservation. The NMFS Office of Law 
Enforcement estimates that global IUU fishing is valued between 
$10 billion and $23 billion annually, and despite a lack of 
specific data, these harvests likely create significant 
ecological impacts.
  Worldwide, the amount of IUU fishing appears to be increasing 
as IUU fishermen attempt to avoid stricter fishing rules 
created to address declining fish stocks. Preventing IUU 
fishing on the high seas is difficult due to the vast areas of 
ocean to monitor, enforcement resource limitations, and a high 
volume of operating fishing vessels. Current international 
efforts to eliminate IUU fishing are mainly led through the 
United Nations' (UN) Food and Agriculture Organization (FAO), 
and are primarily focused on pressuring individual nations to 
better control and manage their fishing fleets. RFMOs strive to 
follow guidelines established by the UN to combat IUU fishing. 
For example, a number of RFMOs are currently developing 
requirements consistent with the recently concluded FAO 
Agreement on Port State Measures to Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing, which 
will help to prevent IUU fish from entering international 
markets.
Unique IUU Challenges of Developing Countries
  In an effort to generate revenue, the governments of many 
coastal developing countries have negotiated agreements that 
allow developed countries, including Europe, China, and Russia, 
to harvest their fisheries resources. In some cases, officials 
from developing countries have oversold fishing rights, 
inflated potential catches, and allowed pirate vessels and 
locals free reign in breeding grounds. Fishing under these 
agreements can lead to overexploitation, as many of these 
coastal developing countries lack the capacity to conduct fish 
stock assessments, define sustainable harvest levels, and 
monitor and enforce regulations to guide fishing activity. This 
results in the rapid decline of local fish stocks, which 
removes the livelihood of local artisanal fishermen.
  In an effort to combat IUU fishing, particularly along the 
coasts of developing countries, many marine policy experts call 
for ending the system of flags of convenience, improving port 
inspections, and reducing the fishing pressure caused by large 
fishing fleets from industrialized nations. However, these 
measures require resources, including funding, staff, 
technology, and expertise, that remain largely unavailable in 
many developing countries. Many foreign aid organizations, such 
as the World Bank, attempt to direct foreign financial and 
technical assistance to improve the sustainability of coastal 
nations' fisheries. The U.S. has initiated limited efforts to 
assist developing countries in targeting IUU fishing. The NMFS 
is engaged in activities to prevent, deter, and control bycatch 
and IUU actions in West Africa through observer training in 
Ghana and regional dialogues in Senegal. The National Oceanic 
and Atmospheric Administration (NOAA) has contacted the Coast 
Guard to examine the enforcement capabilities and the available 
governmental infrastructure and capacity of both Senegal and 
Gabon to promote fisheries conservation and management. In 
addition, NMFS has partnered with the U.S. Agency for 
International Development (USAID), the International 
Monitoring, Control and Surveillance Network, and other 
domestic and international partners to develop fisheries 
enforcement and management capacity building projects in 
Central America and in the Coral Triangle region.
The Need for Legislation to Strengthen U.S. International Fisheries 
        Enforcement
  The U.S. conducts international fisheries enforcement patrols 
and investigations through the NMFS Office of Law Enforcement 
(OLE) and the Coast Guard, with the State Department providing 
diplomatic and legal support. These agencies enforce the 
provisions of statutes for implementing the terms of the 
international fisheries treaties and agreements to which the 
U.S. is a party. However, as each implementing statute was 
developed, they often took divergent approaches for 
establishing enforcement tools, setting fines and penalties, 
and otherwise carrying out enforcement patrols and 
investigations. As a result, U.S. international fisheries 
enforcement efforts are carried out under a patchwork of 
different standards and statutes. By harmonizing these 
standards and activities across statutes and with the MSA, U.S. 
fisheries enforcement officers and lawyers could streamline, 
clarify, and strengthen their overall approach for targeting 
foreign IUU fishing. Additionally, by increasing the fines and 
penalties, U.S. laws could have a more effective deterrent and 
make these penalties more than the cost of doing business. 
Additionally, the entry of IUU fish and fish product into the 
U.S. has a significant adverse effect on legally harvested 
seafood by providing an unfair market advantage to those 
trafficking in illegal products. While efforts are made to 
detect and prevent entry of IUU fish and fish product, 
significant enforcement tools are needed to effectively address 
the importation of IUU fish.
  Internationally, the U.S. participated in an FAO organized 
effort to draft a legally-binding instrument on port state 
measures to prevent, deter, and eliminate IUU fishing. 
Ultimately, this agreement will deny port entry to IUU fishing 
vessels and other vessels that support IUU fishing. In the 
interim, there are certain steps that the U.S. can take to 
discourage IUU fishing. First, the U.S. can continue to make 
available the lists of IUU fishing vessels that are created and 
maintained by the RFMOs, allowing U.S. law enforcement 
officers, port authorities, and the commercial fishing industry 
to quickly and easily identify IUU fishing vessels. This 
information is useful for the commercial fishing industry given 
that there are significant risks and liabilities to engaging in 
business with those vessels. On January 11, 2010, NOAA 
published a proposed rule to deny port of entry to fishing 
vessels that have been listed as engaging in IUU fishing by 
RFMOs to which the U.S. is a Party. Second, upon completion of 
NOAA rulemaking procedures in 2010, the U.S. authority to deny 
port access to certain vessels engaged in high seas driftnet 
fishing will be expanded to vessels of nations certified to 
have engaged in IUU fishing as defined by the MSA. Lastly, the 
European Council adopted a regulation to prevent, deter, and 
eliminate IUU fishing. The regulation, which became effective 
on January 1, 2010, requires that all wild caught seafood and 
seafood products (with some exceptions) landed in, or exported 
to, the European Union are accompanied by a ``catch 
certificate'' attesting to the fact the fish was caught 
legally, i.e., is non-IUU. NMFS' Seafood Inspection Program is 
responsible for issuing and signing the catch certificate for 
U.S.-caught seafood.
  Domestically, the U.S. can take steps to promote interagency 
cooperation and reduce the bureaucratic barriers that can limit 
the effectiveness of patrols, investigations, and any 
subsequent litigation. The NMFS Office of Law Enforcement and 
the Coast Guard undertake international fisheries enforcement 
activities to the extent that funding and other resources 
allow, and as such have had limited effectiveness in reducing 
IUU fishing and preventing all IUU fish product from entering 
the U.S. in FY2009, Congress provided $1.1 million for 
targeting IUU fishing, and $2.7 million in FY 2010. The FY 2011 
budget request includes $2.7 million for IUU enforcement 
activities. The U.S. could improve its law enforcement efforts 
by allowing agencies to share enforcement authorities, 
information, and intelligence (subject to appropriate 
protections), and other resources; enter into Memorandums of 
Understandings and other agreements with fisheries officers in 
states and other nations; and otherwise leverage 
intergovernmental tools and resources.
  The U.S. can also build upon existing efforts to provide 
assistance and other support to developing countries struggling 
with fisheries management and IUU enforcement efforts. As noted 
above, the U.S. has provided minimal forms of support and 
assistance through the NMFS and the Coast Guard, but this topic 
has not been a significant part of the USAID or the Millennium 
Challenge Corporation, the two primary U.S. Federal programs 
for providing foreign assistance. By encouraging the 
development of programs aimed at international fisheries 
conservation and IUU fishing within the existing foreign 
assistance framework, in cooperation with experts in the NMFS 
and the Coast Guard, the U.S. can expand its reach and 
effectiveness in targeting this significant marine policy 
problem facing developing countries.

                         Summary of Provisions

  The International Fisheries Stewardship and Enforcement Act 
(IFSEA), S. 2870, would: (1) strengthen and harmonize the 
enforcement provisions of U.S. statutes for implementing 
international fisheries agreements; (2) authorize actions 
regarding foreign vessels engaged in IUU fishing; (3) create 
interagency programs for coordinating international fisheries 
enforcement and assistance to developing countries; (5) make 
other technical and clarifying changes to international 
fisheries statutes; and (6) authorize implementing legislation 
for the Antigua Convention.
  Title I of IFSEA would strengthen the authority of NOAA and 
the Coast Guard to implement international fisheries laws, 
carry out investigations and enforcement activities, and 
establish new prohibited acts for interfering with 
investigations. The bill would conform the enforcement 
provisions of statutes for international fisheries agreements 
with the MSA, and increase civil and criminal penalties for 
violating international fisheries laws. Additionally, IFSEA 
would expand existing NOAA authorities to publicly maintain a 
list and take action against vessels engaged in IUU fishing. 
The bill would also amend the High Seas Driftnet Act to 
authorize the Secretary of the Treasury to deny port access to 
IUU fishing vessels from nations listed under the new national 
certification procedures that were authorized in section 403 of 
the Magnuson-Stevens Reauthorization Act.
  Title II would create an International Fisheries Enforcement 
Program within NOAA and provide the agency with new authorities 
to increase interagency cooperation, share resources and 
information, and extend authorities to other law enforcement 
officers. It would also establish an International Cooperation 
and Assistance Program to provide assistance for international 
capacity building efforts; training for monitoring, 
enforcement, and conservation efforts; technical expertise, 
outreach, and education to combat IUU fishing and promote 
international marine conservation.
  Title III would make technical and clarifying amendments to 
various statutes for implementing international fisheries 
agreements to improve and streamline program performance and 
rulemaking processes and facilitate information sharing. This 
includes technical corrections to clarify the status of the 
Commissioners appointed to the Western and Central Pacific 
Fisheries Management Commission and committee and advisory 
panel members appointed under the Pacific Whiting Act.
  Title IV would authorize implementing legislation for the 
Convention for the Strengthening of the Inter-American Tropical 
Tuna Commission, also known as the Antigua Convention.

                          Legislative History

  Senator Inouye introduced the International Fisheries 
Stewardship and Enforcement Act of 2009 on December 10, 2009. 
Senators Snowe, Begich, Rockefeller, Kerry and Murkowski are 
cosponsors of the legislation. A similar version of this bill, 
S. 2907, was first introduced by Senator Inouye during the 
110th Congress and reported favorably by the Committee. The 
Committee ordered the bill reported favorably. On March 24, 
2010, the Committee met in open executive session and ordered 
S. 2870 reported without amendment.

                            Estimated Costs

  In accordance with paragraph 11(a) of rule XXVI of the 
Standing Rules of the Senate and section 403 of the 
Congressional Budget Act of 1974, the Committee provides the 
following cost estimate, prepared by the Congressional Budget 
Office:

                                                    April 15, 2010.
Hon. John D. Rockefeller IV,
Chairman, Committee on Commerce, Science, and Transportation,
U.S. Senate, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for S. 2870, the 
International Fisheries Stewardship and Enforcement Act.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Jeff LaFave.
            Sincerely,
                                              Douglas W. Elmendorf.
    Enclosure.

S. 2870--International Fisheries Stewardship and Enforcement Act

    Summary: S. 2870 would establish uniform enforcement 
policies and procedures among federal statutes that govern the 
regulation of commercial fishing. The bill also would authorize 
funding for programs to improve the enforcement of laws related 
to international fisheries and coordinate enforcement actions 
among federal agencies. In addition, the bill would authorize 
the appropriation of funds to carry out several international 
fishing agreements. Finally, the bill would amend the Tuna 
Conventions Act of 1950 to implement the Antigua Convention, an 
international fishing agreement signed by the United States in 
2003.
    Assuming appropriation of the authorized amounts, CBO 
estimates that implementing S. 2870 would cost $533 million 
over the 2010-2015 period and $22 million after 2015. Enacting 
this legislation could increase revenues (from civil and 
criminal penalties) and associated direct spending; therefore, 
pay-as-you-go procedures would apply. However, CBO estimates 
that the net effects would be negligible for each year.
    S. 2870 contains an intergovernmental and private-sector 
mandate, as defined in the Unfunded Mandates Reform Act (UMRA), 
because it would require public and private entities, if 
subpoenaed, to provide testimony, documents, or other evidence 
to the Department of Commerce. CBO estimates that the cost to 
comply with the mandate would fall below the annual thresholds 
established in UMRA for intergovernmental and private-sector 
mandates ($70 million and $141 million in 2010, respectively, 
adjusted annually for inflation).
    CBO has not reviewed title IV of the bill for 
intergovernmental or private-sector mandates. Section 4 of UMRA 
excludes from the application of that act any legislative 
provisions that are necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that title IV falls within that exclusion.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 2879 is shown in the following table. 
The costs of this legislation fall within budget function 300 
(environment and natural resources).

----------------------------------------------------------------------------------------------------------------
                                                                   By fiscal year, in millions of dollars--
                                                            ----------------------------------------------------
                                                              2010   2011   2012   2013   2014   2015  2010-2015
----------------------------------------------------------------------------------------------------------------
Spending Under Current Law:
    Budget Authority\a\....................................     29      0      0      0      0      0        29
    Estimated Outlays......................................     19      6      3      1      0      0        29
Proposed Changes:
Title II--International Fisheries Enforcement Programs:
    Authorization Level....................................     35     35     35     35     35     35       210
    Estimated Outlays......................................     10     33     36     37     37     37       190
Title III--Reauthorizations for International Fishing
 Agreements:
    Estimated Authorization Level..........................     66     93     93     93      0      0       345
    Estimated Outlays......................................     18     82     95     99     34     15       343
    Total Proposed Changes:
        Estimated Authorization Level......................    101    128    128    128     35     35       555
        Estimated Outlays..................................     28    115    131    136     71     52       533
Estimated Spending Under S. 2870:
    Estimated Authorization Level..........................    130    128    128    128     35     35       584
    Estimated Outlays......................................     47    121    134    137     71     52       562
----------------------------------------------------------------------------------------------------------------
\a\The National Oceanic and Atmospheric Administration (NOAA) has already received appropriations totaling $29
  million for 2010 to carry out certain activities authorized by the bill. The bill also would authorize the
  appropriation of $1 million a year over the 2010-2013 period for the International Dolphin Conservation
  Program. NOAA has already received $3 million (of the $29 million shown in the table) to manage that program
  in 2010.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted in calendar year 2010 and that the 
necessary amounts will be appropriated for each fsical year, 
including supplemental appropriations for 2010. Estimated 
outlays are based on historical spending patterns for similar 
programs.
    Title II would authorize the appropriation of $30 million 
for each of fiscal years 2010 through 2015 for a new program to 
detect, investigate, and enforce laws against certain fishing 
activities. The new program would be administered by the 
National Oceanic and Atmospheric Administration (NOAA) and 
carried out with help from other federal agencies, such as the 
U.S. Coast Guard and U.S. Customs and Border Protection. Title 
II also would authorize the appropriation of $5 million 
annually over the same period for grants and other assistance 
to foreign governments to improve international enforcement of 
fisheries laws. Assuming appropriation of the authorized 
amounts, CBO estimates that implementing the new programs would 
cost $190 million over the 2010-2015 period and $20 million 
after 2015.
    Title III would authorize the appropriation of $91 million 
a year over the 2010-2013 period to carry out activities 
related to certain international fishing agreements and such 
sums as may be necessary to carry out similar activities under 
another international fishing agreement. Based on information 
from NOAA, CBO estimates that those activities would cost about 
$2 million a year over the 2010-2013 period. NOAA has already 
received appropriations totaling $29 million for 2010 to carry 
out activities related to those agreements. Assuming 
appropriation of the necessary amounts, CBO estimates that 
implementing title III would cost an additional $343 million 
over the 2010-2015 period and $2 million after 2015.
    Title IV would amend the Tuna Conventions Act of 1950 to 
implement the Antigua Convention. Title IV would establish 
guidelines for the selection, composition, and duties of 
certain bodies that represent the United States on the Inter-
American Tropical Tuna Commission. Because those bodies 
currently exist and members of those bodies are not compensated 
by the federal government, CBO estimates that implementing 
title IV would have no significant impact on the federal 
budget.
    Pay-as-you-go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. S. 2870 could increase revenues (from civil and 
criminal penalties) and associated direct spending; therefore, 
pay-as-you-go procedures would apply. However, 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. The net budgetary changes that are subject to 
pay-as-you-go procedures are shown in the following table.

    CBO ESTIMATE OF PAY-AS-YOU-GO EFFECTS FOR S. 2870, THE INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT, AS ORDERED REPORTED BY THE SENATE
                                          COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION ON MARCH 24, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    By fiscal year. in millions of dollars--
                                                      --------------------------------------------------------------------------------------------------
                                                        2010   2011   2012   2013   2014   2015   2016   2017   2018   2019   2020  2010-2015  2010-2020
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                       NET INCREASE OR DECREASE (-) IN THE DEFICIT

Statutory Pay-As-You-Go Impact.......................      0      0      0      0      0      0      0      0      0      0      0         0          0
--------------------------------------------------------------------------------------------------------------------------------------------------------

    Intergovernmental and private-sector impact: S. 2870 
contains an intergovernmental and private-sector mandate as 
defined in UMRA because it would expand the authority of the 
Secretary of Commerce to issue subpoenas when investigating 
violations of certain fishing laws. Public and private 
entities, if subpoenaed, would be required to provide 
testimony, documents, or other evidence. CBO expects that the 
Secretary would use that authority sparingly and that the costs 
to private and public entities to comply with such subpoenas 
would be small. Therefore, CBO estimates that the cost of the 
mandate would fall below the annual thresholds established in 
UMRA for intergovernmental and private-sector mandates ($70 
million and $141 million in 2010, respectively, adjusted 
annually for inflation).
    CBO has not reviewed title IV of the bill for 
intergovernmental or private-sector mandates. Section 4 of UMRA 
excludes from the application of that act any legislative 
provisions that are necessary for the ratification or 
implementation of international treaty obligations. CBO has 
determined that the provisions of title IV fall within that 
exclusion because they would implement the Antigua Convention.
    Previous CBO estimate: On April 6, 2010, CBO transmitted a 
cost estimate for S. 2871, a bill to make technical corrections 
to the Western and Central Pacific Fisheries Convention 
Implementation Act, and for other purposes, as ordered reported 
by the Senate Committee on Commerce, Science, and 
Transportation on March 24, 2010. S. 2871 contains certain 
provisions that are similar to provisions in S. 2870. The CBO 
cost estimate for S. 2871 is the same as the cost estimate for 
similar provisions contained in S. 2870.
    On July 22, 2009, CBO transmitted a cost estimate for H.R. 
1080, the Illegal, Unreported, and Unregulated Fishing 
Enforcement Act of 2009, as ordered reported by the House 
Committee on Natural Resources on June 10, 2009. Many 
provisions in H.R. 1080 are similar to provisions contained in 
S. 2870. CBO estimated that implementing H.R. 1080 would cost 
$55 million over the 2010-2014 period. CBO expects that 
activities authorized under H.R. 1080 would be carried out 
under certain provisions of S. 2870; we estimate that the cost 
or carrying out those activities under S. 2870 would be similar 
over the 2010-2014 period.
    Estimate prepared by: Federal costs: Jeff LaFave; Impact on 
state, local, and tribal governments: Ryan Miller; Impact on 
the private sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                      Regulatory Impact Statement

  In accordance with paragraph 11(b) of rule XXVI of the 
Standing Rules of the Senate, the Committee provides the 
following evaluation of the regulatory impact of the 
legislation, as reported:

                       NUMBER OF PERSONS COVERED

  S. 2870 would strengthen and harmonize the enforcement 
provisions of U.S. statutes for implementing international 
fisheries agreements, authorize actions regarding foreign 
vessels engaged in IUU fishing, authorize actions regarding the 
importation of IUU fish and fish product into the U.S., create 
interagency programs for coordinating international fisheries 
enforcement and assistance to developing countries, and make 
other technical and clarifying changes to international 
fisheries statutes. It would authorize the Secretary of 
Commerce (Secretary) to promulgate new regulations to carry out 
its authorities to address new prohibited acts related to 
interfering with an international fisheries investigation, and 
therefore, would subject those individuals or businesses to new 
regulations.

                            ECONOMIC IMPACT

  Title II of the reported bill would authorize $30,000,000 for 
each of FYs 2010 through 2015 for the development and 
implementation of a new interagency International Fisheries 
Enforcement Program. It would also authorize $5,000,000 for 
each of FYs 2010 through 2015 for the establishment of the 
International Cooperation and Assistance Program. Considering 
the potential cost savings and economic return on an effective 
international fisheries conservation program, the funding 
levels ultimately enacted are not expected to have an 
inflationary impact on the nation's economy.

                                PRIVACY

  The reported bill would not have any adverse impact on the 
personal privacy of individuals.

                               PAPERWORK

  S. 2870 would not impose any new paperwork requirements on 
private citizens, businesses, or other entities that do not 
choose to participate in international fisheries activities; 
those who do participate in this industry may be subject to 
some changes in the paperwork requirements to meet emerging 
program needs.

                   Congressionally Directed Spending

  In compliance with paragraph 4(b) of rule XLIV of the 
Standing Rules of the Senate, the Committee provides that no 
provisions contained in the bill, as reported, meet the 
definition of congressionally directed spending items under the 
rule.

                      Section-by-Section Analysis


Section 1. Short Title and Table of Contents.

  This section would designate the short title of this bill the 
``International Fisheries Stewardship and Enforcement Act.'' 
This section would also contain the Table of Contents.

TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED 
                                STATUTES

Section 101. Authority of the Secretary to Enforce Statutes.

  Subsection (a) would direct the Secretary and the Secretary 
of the Department in which the Coast Guard is operating, 
currently the Department of Homeland Security, to enforce the 
statutes to which this section applies. The Secretary would be 
allowed, by agreement, to utilize the personnel, equipment, and 
facilities of any other Federal agency, including all elements 
of the Department of Defense to carry out this section. This 
section would apply to the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C 1826d et seq.), title IV of 
the Marine Mammal Protection Act of 1972 (16 U.S.C. 1411 et. 
seq.), the Dolphin Protection Consumer Information Act (16 
U.S.C. 1385), the Tuna Conventions Act of 1950 (16 U.S.C. 951 
et seq.), the North Pacific Anadromous Stocks Act of 1992 (16 
U.S.C. 5001 et seq.), the South Pacific Tuna Act of 1988 (16 
U.S.C. 973 et seq.), the Antarctic Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2431 et seq.), the Atlantic 
Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.), the 
Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 
5601 et seq.), the Western and Central Pacific Fisheries 
Convention Implementation Act (16 U.S.C. 6901 et seq.), the 
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.), 
and the Antigua Convention Implementing Act of 2008. In 
addition, this subsection could apply to any other Act of the 
same subject as designated by the Secretary after having given 
notice and an opportunity for a hearing.
  Subsection (b) would direct the Secretary to prevent any 
person from violating any Act to which this section applies in 
the same way as though sections 307 through 311 of the MSA were 
incorporated into such Act. Any person, with a few exceptions, 
who violates any Act to which this section applies would be 
subject to the penalties, privileges, and immunities provided 
in sections 307 through 311 of the MSA.
  Subsection (c) would provide that in the event of a conflict 
with a provision from the MSA, the provision of this subsection 
would apply. The amount of the civil penalty would not exceed 
$250,000 per violation. Each day of a continuing violation 
would constitute a separate violation. The Attorney General, 
upon the request of the Secretary, would be allowed to take 
civil action in the appropriate district court of the United 
States to enforce this Act and any Act to which this section 
applies. Any person, other than a foreign government, who 
knowingly violates any provision of subsection (e) of this 
section, or any regulation conforming to this Act, would be 
guilty of a criminal offense and subject to penalties provided 
under section 309 of the MSA. Authorized officers enforcing the 
provisions of any Act to which this section applies would be 
authorized, with or without a warrant or other process, to 
search or inspect any facility used for the storage, 
processing, transport, or trade of fish or fish products; 
inspect any records pertaining to the storage, processing, 
transport, or trade of fish or fish products; detain, for 5 
days, any shipment of fish or fish product within the 
jurisdiction of the United States; and make an arrest without a 
warrant. The Secretary could issue subpoenas for the production 
of relevant papers, photographs, records, books, and documents 
in any form including electronic, electrical, or magnetic.
  Subsection (d) would give the district courts of the United 
States jurisdiction over any actions arising under this 
section. American Samoa would be included within the District 
of Hawaii. Any offenses not committed in any district would be 
subject to the venue provisions of section 3238 of title 18, 
United States Code.
  Subsection (e) would create a list of unlawful activities and 
would direct the Secretary to enforce such regulations as may 
be necessary to carry out this section.

Section 102. Conforming, Minor, and Technical Amendments.

  This section would provide for enforcement under section 101 
of this Act, of the High Seas Driftnet Fishing Moratorium 
Protection Act, the Dolphin Protection Consumer Information 
Act, the Tuna Conventions Act of 1950, the Northern Pacific 
Anadromous Stocks Act of 1992, the Pacific Salmon Treaty Act of 
1985 (16 U.S.C. 3631 et. seq.), the South Pacific Tuna Act of 
1988, the Antarctic Marine Living Resources Convention Act of 
1984, the Atlantic Tunas Convention Act of 1975, the Northwest 
Atlantic Fisheries Convention Act of 1995, the Western and 
Central Pacific Fisheries Convention Implementation Act, and 
the Northern Pacific Halibut Act of 1982.

Section 103. Illegal, Unreported, or Unregulated Fishing.

  This section would amend the High Seas Driftnet Fishing 
Moratorium Protection Act to include a list of vessels and 
vessel owners engaged in IUU fishing, to apply restrictions on 
port access to all U.S. ports, and to authorize authority for 
the Secretary of Treasury to take actions with respect to 
fishing vessels that receive a negative certification under 
section 609 or 910.

         TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

Section 201. International Fisheries Enforcement Program.

  Subsection (a) would direct the Secretary to establish an 
interagency International Fisheries Enforcement Program within 
the Office of Law Enforcement of NMFS, within 12 months of 
enactment. This program would detect and investigate IUU 
fishing activity and enforce the provisions of this Act. The 
program would have a representative from the Coast Guard, 
Customs and Border Protection, Food and Drug Administration, 
and any other agency deemed appropriate by the Secretary.
  Subsection (b) would allow the Secretary to request from the 
heads of other departments and agencies providing program staff 
to participate in staffing the program by agreement, on a 
reimbursable basis or otherwise, to share personnel, services, 
equipment, and facilities with the program, and extend 
enforcement authorities to other agencies within the program 
for the purposes of this program. The Secretary and the 
department and agency heads providing staff for the program may 
develop interagency plans, budgets, and financing. Within 180 
days after the establishment of the program, the Secretary 
shall develop a 5-year strategic plan, to be updated at least 
once every 5 years, for guiding interagency and 
intergovernmental international fisheries enforcement efforts. 
Additionally, the Secretary, in coordination with the heads of 
other departments and agencies providing staff for the program, 
may create and participate in task forces, committees, or other 
working groups, as well as enter into agreements with other 
Federal, state, or local governments, as well as with foreign 
governments, on a reimbursable basis or otherwise, for such 
purposes.
  Subsection (c) would allow authorized officers to have the 
powers and authority provided in section 101 while enforcing 
the provisions of this Act.
  Subsection (d) would direct the Secretary and the other 
program participants to share all applicable information, 
intelligence, and data related to IUU fishing. The Secretary, 
through the program, would coordinate the collection, storage, 
analysis, and dissemination of all applicable materials related 
to IUU fishing and would ensure the protection and 
confidentiality required by law for materials related to IUU 
fishing. The Secretary and the other program participants would 
develop standardization for fisheries related data. Upon 
request of the Secretary, elements of the intelligence 
community would collect information related to IUU fishing 
outside the US about non-US citizens and share such information 
with the Secretary, through the program, for law enforcement 
purposes. In addition, this section would give the Secretary 
the authority to share fisheries related data with other 
Federal, state, and foreign governments, as well as 
international organizations, if such governments and 
organizations have policies and procedures to safeguard the 
information from unintended disclosure, and if the exchange of 
information is necessary to carry out the requirements of this 
section.
  Subsection (e) would authorize $30 million to the Secretary 
for each of FYs 2010 through 2015 to carry out the purposes of 
this section.

Section 202. International Cooperation and Assistance Program.

  This section would direct the Secretary to establish an 
international cooperation and assistance program, including 
grants, to provide assistance for international capacity 
building efforts. In carrying out the program, the Secretary 
would provide funding and technical expertise to other nations 
to assist them in addressing IUU fishing, to reduce bycatch of 
living marine resources, and to improve marine resource 
conservation. Also, the Secretary would establish partnerships 
with other Federal agencies, conduct outreach and education 
efforts, and provide funding, technical expertise, and training 
to other nations to assist them in enhancing fisheries 
management and monitoring for sustainable fisheries. The 
Secretary would establish guidelines necessary to implement the 
program. In addition, this section would authorize $5 million 
annually for each of FYs 2010 through 2015 for the Secretary to 
carry out the purposes of this section.

                  TITLE III--MISCELLANEOUS AMENDMENTS

Section 301. Atlantic Tunas Convention Act of 1975.

  This section would repeal section 11 of the Atlantic Tunas 
Convention Act of 1975, which mandates an annual reporting 
requirement.

Section 302. Data Sharing.

  This section would amend the High Seas Driftnet Fishing 
Moratorium Protection Act to include information sharing.

Section 303. Permits Under the High Seas Fishing Compliance Act of 
        1995.

  This section would amend the High Seas Fishing Compliance Act 
of 1995 (16 U.S.C. 5501 et. seq.) to void a permit issued if 
either one or more permits required for a vessel to fish 
expire, are revoked, or suspended, or the vessel is no longer 
eligible for U.S. documentation.

Section 304. Technical Corrections to the Western and Central Pacific 
        Fisheries Convention Implementation Act.

  This section would make technical corrections to the Western 
and Central Pacific Fisheries Convention Implementation Act.

Section 305. Pacific Whiting Act of 2006.

  This section would make technical corrections to section 605 
of the Pacific Whiting Act of 2006 (16 U.S.C. 7004).

Section 306. Committee on Scientific Cooperation For Pacific Salmon 
        Agreement.

  This section would amend the Pacific Salmon Treaty Act to 
allow Members of the Committee on Scientific Cooperation who 
are not State or Federal employee to receive compensation when 
performing duties for the Commission.

Section 307. Reauthorizations.

  This section would reauthorize the International Dolphin 
Conservation Program, the Pacific Salmon Treaty Act of 1985, 
and the South Pacific Tuna Act of 1988.

           TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

Section 401. Short Title.

  This section would allow this title to be cited as the 
`Antigua Convention Implementing Act of 2008'.

Section 402. Amendment of the Tuna Conventions Act of 1950.

  This section would ensure that any reference in this title to 
an amendment or repeal, except as otherwise stated, would be to 
the Tuna Conventions Act of 1950.

Section 403. Definitions.

  This section would define the following terms: ``Antigua 
Convention,'' ``Convention,'' ``Import,'' ``Person,'' ``United 
States,'' ``U.S. Commissioners,'' and ``U.S. section.''

Section 404. Commissioners; Number, Appointment, and Qualifications.

  This section would direct the President to appoint five U.S. 
Commissioners to represent the United States on the Commission. 
One Commissioner would be from the Department of Commerce, the 
Western Pacific Fishery Management Council, and the Pacific 
Fishery Management Council. Not more than two Commissioners 
would be appointed from states whose vessels do not maintain a 
substantial fishery in the area of the Convention. Alternate 
U.S. Commissioners could also be appointed in the case of a 
Commissioner's absence.

Section 405. General Advisory Committee and Scientific Advisory 
        Subcommittee.

  This section would direct the Secretary, in consultation with 
the Secretary of State, to appoint a General Advisory 
Committee, consisting of no more than 25 individuals 
representing various groups, including nongovernmental 
conservation organizations. Members would be appointed for 3-
year terms and would be eligible for reappointment. The 
Secretary and the Secretary of State would be directed to 
provide relevant information and administrative support to the 
Committee. This section would also direct the Secretary, in 
consultation with the Secretary of State, to appoint a 
Scientific Advisory Subcommittee consisting of 5 to 15 
qualified scientists.

Section 406. Rulemaking.

  This section would direct the Secretary of State to approve 
or disapprove bylaws and rules adopted by the Commission and 
submitted for approval of the U.S. government. Regulations and 
decisions by the Commission requiring the submission of boat 
operation records would be put into effect by the Secretary of 
Commerce and would apply to all vessels under U.S. 
jurisdiction. Regulations carrying out recommendations by the 
Commission would be exempt from notice and comment rulemaking 
procedures as well as requirements for environmental and 
economic analysis. The Secretary of Commerce would set the date 
such regulations go into effect. The Secretary of Commerce 
would suspend any rules under this section if foreign fishing 
operations constitute a threat to the achievement of the 
Commission's objectives.

Section 407. Prohibited Acts.

  This section would make it unlawful for any person (1) to 
violate any provision of this chapter or any regulation or 
permit issued under the Tuna Conventions Act of 1950, as 
amended by the Antigua Convention Implementing Act of 2008; (2) 
to use any fishing vessel for fishing activities after an 
applicable permit has been revoked or suspended; (3) to refuse 
to permit any authorized officer to board a fishing vessel for 
purposes of enforcing the Tuna Conventions Act of 1950, as 
amended; (4) to forcibly assault, resist, oppose, impede, 
intimidate, sexually harass, bribe, or interfere with an 
authorized officer enforcing the Tuna Conventions Act of 1950, 
as amended; (5) to resist a lawful arrest for any act 
prohibited by the Tuna Conventions Act of 1950, as amended; (6) 
to ship, transport, offer for sale, sell, purchase, import, 
export, or have custody, control, or possession of, any fish 
taken in violation of the Tuna Conventions Act of 1950, as 
amended; (7) to interfere with, delay, or prevent the 
apprehension, or arrest of another person, knowing that such 
person has committed any act prohibited by this section; (8) to 
knowingly and willfully submit to the Secretary false 
information; (9) to forcibly assault, resist, oppose, impede, 
intimidate, sexually harass, bribe, or interfere with any 
observer on a vessel; (10) to engage in fishing in violation of 
the Tuna Conventions Act of 1950, as amended; (11) to ship, 
transport, purchase, sell, offer for sale, import, export, or 
have in custody, possession, or control any fish taken in 
violation of applicable regulations; (12) to fail to make, 
keep, or furnish any catch returns, statistical records, or 
other reports as required by the Tuna Conventions Act of 1950, 
as amended; (13) to fail to stop a vessel upon being instructed 
to stop by an authorized official of the United States; or (14) 
to import, in violation of the Tuna Conventions Act of 1950, as 
amended, any fish in any form, including tuna not under 
regulation but under investigation by the Commission.

Section 408. Enforcement.

  This section would enforce the Tuna Conventions Act of 1950, 
as amended, under section 101 of the International Fisheries 
Stewardship and Enforcement Act.

Section 409. Reduction of Bycatch.

  This section would make minor technical corrections.

Section 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984

  This section would repeal the Eastern Pacific Tuna Licensing 
Act of 1984.

                        Changes in Existing Law

  In compliance with paragraph 12 of rule XXVI of the Standing 
Rules of the Senate, 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 material is printed 
in italic, existing law in which no change is proposed is shown 
in roman):

                  NORTHERN PACIFIC HALIBUT ACT OF 1982

SEC. 7. PROHIBITED ACTS.

                            [16 U.S.C. 773e]

  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 or inspection] 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 or inspection] 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
                  (G) to make or submit any false record, 
                account, or label for, or any false 
                identification of, any fish or fish product 
                (including false identification of the species, 
                harvesting vessel or nation, or the location 
                where harvested) which has been, or is intended 
                to be imported, exported, transported, sold, 
                offered for sale, purchased, or received in 
                interstate or foreign commerce.
          [(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. 3. CIVIL PENALTY; PROCEDURE.

                            [16 U.S.C. 773f]

  [(a) Liability; continuing violations; notice; determination 
of amount.--Any person who is found by the Secretary, after 
notice and opportunity for a hearing in accordance with section 
554 of title 5, United States Code, to have committed an act 
prohibited by section 7 shall be liable to the United States 
for a civil penalty. The amount of the civil penalty shall not 
exceed $200,000 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, or his 
designee, by written notice. In determining the amount of such 
penalty, the Secretary shall taken 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, and such other 
matters as justice may require. In assessing such penalty, the 
Secretary may also consider any information provided by the 
violator relating to the ability of the violator to pay if the 
information is provided to the Secretary at least 30 days prior 
to an administrative hearing.
  [(b) Judicial review.--Any person against whom a civil 
penalty is assessed under subsection (a) may obtain a review 
thereof in the appropriate 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 and the Attorney 
General. The Secretary shall promptly file in such court a 
certified copy of the record upon which such violation was 
found or such penalty imposed, in accordance with rules 
prescribed pursuant to section 2112 of title 28, United States 
Code. The findings and order of the Secretary 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.
  [(c) Recovery of assessed penalties by Attorney General.--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 validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
  [(d) Compromise, modification, and remission of penalties.--
The Secretary 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.
  [(e) Revocation or suspension of permit.--
          [(1) In general.--The Secretary may take any action 
        described in paragraph (2) in any case in which--
                  [(A) a vessel has been used in the commission 
                of any act prohibited under section 7;
                  [(B) the owner or operator of a vessel or any 
                other person who has been issued or has applied 
                for a permit under this Act has acted in 
                violation of section 7; or
                  [(C) any amount in settlement of a civil 
                forfeiture imposed on a vessel or other 
                property, or any civil penalty or criminal fine 
                imposed on a vessel or owner or operator of a 
                vessel or any other person who has been issued 
                or has applied for a permit under any marine 
                resource law enforced by the Secretary has not 
                been paid and is overdue.
          [(2) Permit-related actions.--Under the circumstances 
        described in paragraph (1) the Secretary may--
                  [(A) revoke any permit issued with respect to 
                such vessel or person, with or without 
                prejudice to the issuance of subsequent 
                permits;
                  [(B) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                  [(C) deny such permit; or
                  [(D) impose additional conditions and 
                restrictions on any permit issued to or applied 
                for by such vessel or person under this Act 
                and, with respect to any foreign fishing 
                vessel, on the approved application of the 
                foreign nation involved and on any permit 
                issued under that application.
          [(3) Factors to be considered.--In imposing a 
        sanction under this subsection, the Secretary shall 
        take into account--
                  [(A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the 
                sanction is imposed; and
                  [(B) with respect to the violator, the degree 
                of culpability, any history of prior offenses, 
                and such other matters as justice may require.
          [(4) Transfers of ownership.--Transfer of ownership 
        of a vessel, a permit, or any interest in a permit, by 
        sale or otherwise, shall not extinguish any permit 
        sanction that is in effect or is pending at the time of 
        transfer of ownership. Before executing the transfer of 
        ownership of a vessel, permit, or interest in a permit, 
        by sale or otherwise, the owner shall disclose in 
        writing to the prospective transferee the existence of 
        any permit sanction that will be in effect or pending 
        with respect to the vessel, permit, or interest at the 
        time of the transfer.
          [(5) Reinstatement.--In the case of any permit that 
        is suspended under this subsection for nonpayment of a 
        civil penalty, criminal fine, or any amount in 
        settlement of a civil forfeiture, the Secretary shall 
        reinstate the permit upon payment of the penalty, fine, 
        or settlement amount and interest thereon at the 
        prevailing rate.
          [(6) Hearing.--No sanction shall be imposed under 
        this subsection unless there has been prior opportunity 
        for a hearing on the facts underlying the violation for 
        which the sanction is imposed either in conjunction 
        with a civil penalty proceeding under this section or 
        otherwise.
          [(7) Permit defined.--In this subsection, the term 
        ``permit'' means any license, certificate, approval, 
        registration, charter, membership, exemption, or other 
        form of permission issued by the Commission or the 
        Secretary, and includes any quota share or other 
        transferable quota issued by the Secretary.

[SEC. 9. CRIMES AND CRIMINAL PENALTIES.

                            [16 U.S.C. 773g]

  [(a) Offenses.--A person is guilty of any offense if he 
commits an act prohibited by section 7(a)(2), (3), (4), or (6); 
or section 7(b).
  [(b) Fines; imprisonment.--Any offense described in 
subsection (a) is punishable by a fine of not more than 
$200,000 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 officer authorized to enforce the provisions of 
this Act, or places any such officer in fear of imminent bodily 
injury the offense is punishable by a fine of not more than 
$400,000, or imprisonment for not more than 10 years or both.
  [(c) Federal jurisdiction.--There is Federal jurisdiction 
over any offense described in this section.

[SEC. 10. FORFEITURES.

                            [16 U.S.C. 773h]

  [(a) Civil forfeiture proceeding.--Any fishing vessel 
(including its fishing gear, furniture, appurtenances, stores, 
and cargo) used, and any fish taken or retained, in any manner, 
in connection with or as a result of the commission of any act 
prohibited by section 7 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.
  [(b) United States district court jurisdiction.--Any district 
court of the United States shall have jurisdiction, upon 
application by the Attorney General on behalf of the United 
States, to order any forfeiture authorized under subsection (a) 
and any action provided for under subsection (d).
  [(c) Seizure of forfeited property.--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 Act or for 
which security has not previously been obtained under 
subsection (d). The provisions of the customs laws relating 
to--
          [(1) the disposition of forfeited property;
          [(2) the proceeds from the sale of forfeited 
        property;
          [(3) the remission or mitigation of forfeitures; and
          [(4) the compromise of claims;
shall apply to any forfeiture ordered, and to any case in which 
forfeiture is alleged to be authorized, under this section, 
unless such provisions are inconsistent with the purposes, 
policy, and provisions of this Act. The duties and powers 
imposed upon the Commissioner of Customs or other persons under 
such provisions shall, with respect to this Act, be performed 
by officers or other persons designated for such purpose by the 
Secretary.
  [(d) Bond or other security; disposal of seized fish.--
          [(1) Any officer authorized to serve any process in 
        rem which is issued by a court having jurisdiction 
        under section 11(d) shall--
                  [(A) stay the execution of such process; or
                  [(B) discharge any fish seized pursuant to 
                such process;
        upon the 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.
          [(2) Any fish seized pursuant to this Act may be 
        disposed of pursuant to the order of a court of 
        competent jurisdiction or, if perishable, in a manner 
        prescribed by regulations of the Secretary or the 
        Secretary of the department in which the Coast Guard is 
        operating.
  [(e) Presumption of violation.--For purposes of this section, 
it shall be a rebuttable presumption that all fish found on 
board a fishing vessel which is seized in connection with an 
act prohibited by section 7 were taken or retained in violation 
of the Convention and this Act.]

SEC. 11. ADMINISTRATION AND ENFORCEMENT.

                            [16 U.S.C. 773i]

  (a) Secretary of Commerce and Secretary of Department in 
which Coast Guard is operating.--The Convention, this Act, and 
any regulation adopted under this Act, shall be enforced by the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating. Such Secretaries 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) Arrest, search and inspection, seizure; execution of 
warrants and other process.--Any officer who is authorized by 
the Secretary, the Secretary of the department in which the 
Coast Guard is operating, or the head of any Federal or State 
agency which has entered into an agreement with such 
Secretaries under subsection (a) to enforce the Convention, 
this Act or any regulation adopted under this Act may--
          [(1) with or without a warrant or other process--
                  [(A) arrest any person, if he has reasonable 
                cause to believe that such person has committed 
                an act prohibited by section 7;
                  [(B) board, and search or inspect, any 
                fishing vessel which is subject to this Act;
                  [(C) at reasonable times enter, search or 
                inspect, shoreside facilities in which fish 
                taken subject to this Act are processed, packed 
                or held;
                  [(D) seize any fishing vessel (together with 
                its fishing gear, furniture, appurtenances, 
                stores, and cargo) used or employed in, or with 
                respect to which it reasonably appears that 
                such vessel was used or employed in, an act 
                prohibited by section 7;
                  [(E) seize any fish (wherever found) taken or 
                retained in the course of an act prohibited by 
                section 7, or the proceeds of the sale of such 
                fish; and
                  [(F) seize any other evidence related to an 
                act prohibited by section 7;
          [(2) execute any warrant or other process issued by 
        any court of competent jurisdiction; and
          [(3) exercise any other lawful authority.
  [(c) Citation of owner or operator of offending vessel.--If 
any officer authorized to enforce this Act (as provided for in 
this section) finds that a fishing vessel is operating or has 
been operated in the commission of an act prohibited by section 
7, such officer may, in accordance with regulations issued 
jointly by the Secretary and the Secretary of the department in 
which the Coast Guard is operating, issue a citation to the 
owner or operator of such vessel in lieu of proceeding under 
subsection (b). If a permit has been issued pursuant to this 
Act for such vessel, such officer shall note the issuance of 
any citation under this subsection, including the date thereof 
and the reason therefor, on the permit. The Secretary shall 
maintain a record of all citations issued pursuant to this 
subsection.
  [(d) United States district court jurisdiction.--The district 
courts of the United States shall have exclusive jurisdiction 
over any case or controversy arising under this Act. Any such 
court 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.
  [(e) Witnesses; records and files.--When requested by the 
appropriate authorities of Canada, officers or employees of the 
Coast Guard, the National Oceanic and Atmospheric 
Administration or any other agency of the United States may be 
directed to attend as a witness, and to produce such available 
records and files or duly certified copies thereof as may be 
necessary for the prosecution in Canada of any violation of the 
Convention or any Canadian law relating to the enforcement 
thereof.
  [(f) Investigations by Secretary of Commerce; powers; 
process.--
          [(1) In cooperation with such other agencies as may 
        be appropriate, the Secretary may conduct or cause to 
        be conducted such law enforcement investigations as are 
        deemed necessary to carry out the purposes of this Act.
          [(2) For the purpose of all investigations which, in 
        the opinion of the Secretary, are necessary and proper 
        for the enforcement of this Act, the Secretary or any 
        officer designated by him is empowered to administer 
        oaths and affirmations, subpena witnesses, take 
        evidence, and require the production of any books, 
        papers, or other documents which the Secretary deems 
        relevant or material to the inquiry. Such attendance of 
        witnesses and the production of such documentary 
        evidence may be required from any place in the United 
        States at any designated place or hearing.
          [(3) Process of the Secretary may be served by anyone 
        duly authorized by him either--
                  [(A) by delivering a copy thereof to the 
                individual to be served, or to a member of the 
                partnership to be served, or the president, 
                secretary, or other executive officer or a 
                director of the corporation to be served; or 
                the agent designated for service of process;
                  [(B) by leaving a copy thereof at the 
                residence or the principal office or place of 
                business of such individual, partnership, or 
                corporation; or
                  [(C) by mailing a copy thereof by registered 
                or certified mail addressed to such individual, 
                partnership, or corporation at his or its 
                residence or principal office or place of 
                business. The verified return by the individual 
                so serving such complaint, order, or other 
                process setting forth the manner of service 
                shall be proof of same, and the returned post 
                office receipt for such complaint, order, or 
                other process mailed by registered or certified 
                mail shall be proof of the service of the 
                same.]
  (b) Administration and Enforcement.--This Act shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.

                      TUNA CONVENTIONS ACT OF 1950

[SEC. 2. DEFINITIONS.

                            [16 U.S.C. 951]

  [As used in this Act, the term--
          [(a) ``convention'' includes (1) the Convention for 
        the Establishment of an International Commission for 
        the Scientific Investigation of Tuna, signed at Mexico 
        City January 25, 1949, by the United States of America 
        and the United Mexican States, (2) the Convention for 
        the Establishment of an Inter-American Tropical Tuna 
        Commission, signed at Washington May 31, 1949, by the 
        United States of America and the Republic of Costa 
        Rica, or both such conventions, as the context 
        requires;
          [(b) ``commission'' includes (1) the International 
        Commission for the Scientific Investigation of Tuna, 
        (2) the Inter-American Tropical Tuna Commission 
        provided for by the conventions referred to in 
        subsection (a) of this section, or both such 
        commissions, as the context requires;
          [(c) ``United States Commissioners'' means the 
        members of the commissions referred to in subsection 
        (b) of this section representing the United States of;
          [(d) ``person'' means every individual, partnership, 
        corporation, and association subject to the 
        jurisdiction of the United States; and
          [(e) ``United States'' shall include all areas under 
        the sovereignty of the United States, the Trust 
        Territory of the Pacific Islands, and the Canal Zone.]

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Antigua convention.--The term ``Antigua 
        Convention'' means the Convention for the Strengthening 
        of the Inter-American Tropical Tuna Commission 
        Established by the 1949 Convention Between the United 
        States of America and the Republic of Costa Rica, 
        signed at Washington, November 14, 2003.
          (2) Commission.--The term ``Commission'' means the 
        Inter-American Tropical Tuna Commission provided for by 
        the Convention.
          (3) Convention.--The term ``Convention'' means--
                  (A) the Convention for the Establishment of 
                an Inter-American Tropical Tuna Commission, 
                signed at Washington, May 31, 1949, by the 
                United States of America and the Republic of 
                Costa Rica;
                  (B) the Antigua Convention, upon its entry 
                into force for the United States, and any 
                amendments thereto that are in force for the 
                United States; or
                  (C) both such Conventions, as the context 
                requires.
          (4) Import.--The term ``import'' means to land on, 
        bring into, or introduce into, or attempt to land on, 
        bring into, or introduce into, any place subject to the 
        jurisdiction of the United States, whether or not such 
        landing, bringing, or introduction constitutes an 
        importation within the meaning of the customs laws of 
        the United States.
          (5) Person.--The term ``person'' means an individual, 
        partnership, corporation, or association subject to the 
        jurisdiction of the United States.
          (6) United states.--The term ``United States'' 
        includes all areas under the sovereignty of the United 
        States.
          (7) U.S. commissioners.--The term ``U.S. 
        commissioners'' means the members of the commission.
          (8) U.S. section.--The term ``U.S. section'' means 
        the U.S. Commissioners to the Commission and a designee 
        of the Secretary of State.

[SEC. 3. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATION.

                            [ 16 U.S.C. 952]

  [The United States shall be represented on the two 
commissions by a total of not more than four United States 
Commissioners, who shall be appointed by the President, serve 
as such during his pleasure, and receive no compensation for 
their services as such Commissioners. Individuals serving as 
such Commissioners shall not be considered to be 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. Of such Commissioners--
          [(a) not more than one shall be a person residing 
        elsewhere than in a State whose vessels maintain a 
        substantial fishery in the areas of the conventions;
          [(b) at least one of the Commissioners who are such 
        legal residents shall be a person chosen from the 
        public at large, and who is not a salaried employee of 
        a State or of the Federal Government;
          [(c) at least one shall be either the Administrator, 
        or an appropriate officer, of the National Marine 
        Fisheries Service; and
          [(d) at least one shall be chosen from a 
        nongovernmental conservation organization.]

SEC. 3. COMMISSIONERS.

  (a) Commissioners.--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 eastern tropical Pacific Ocean, one of whom 
shall be an officer or employee of the Department of Commerce, 
one of whom shall be the chairman or a member of the Western 
Pacific Fishery Management Council, and one of whom shall be 
the chairman or a member of the Pacific Fishery Management 
Council. Not more than 2 Commissioners may be appointed who 
reside in a State other than a State whose vessels maintain a 
substantial fishery in the area of the Convention.
  (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to 
time and for periods of time deemed appropriate Alternate 
United States Commissioners to the Commission. Any Alternate 
United States Commissioner may exercise, at any meeting of the 
Commission or of the General Advisory Committee or Scientific 
Advisory Subcommittee established pursuant to section 4(b), all 
powers and duties of a United States Commissioner in the 
absence of any Commissioner appointed pursuant to subsection 
(a) of this section for whatever reason. The number of such 
Alternate United States Commissioners that may be designated 
for any such meeting shall be limited to the number of United 
States Commissioners appointed pursuant to subsection (a) of 
this section who will not be present at such meeting.
  (c) Administrative Matters.--
          (1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the 
        United States Government, shall not be considered 
        Federal employees except for the purposes of injury 
        compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 
        171 of title 28, United States Code.
          (2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the 
        United States while so serving, shall receive no 
        compensation for their services as such Commissioners 
        or Alternate Commissioners.
          (3) Travel expenses.--
                  (A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners and Alternate United States 
                Commissioners to meetings of the IATTC and 
                other meetings the Secretary deems necessary to 
                fulfill their duties, in accordance with the 
                Federal Travel Regulations and sections 5701, 
                5702, 5704 through 5708, and 5731 of title 5, 
                United States Code.
                  (B) The Secretary may reimburse the Secretary 
                of State for amounts expended by the Secretary 
                of State under this subsection.

SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                    SUBCOMMITTEE.

                            [16 U.S.C. 953]

  [(a) Appointments; public participation; compensation.--The 
Secretary, in consultation with the United States 
Commissioners, shall--
          [(1) appoint a General Advisory Committee which shall 
        be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the 
        conventions, and from nongovernmental conservation 
        organizations;
          [(2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from 
        the public and private sectors, including 
        nongovernmental conservation organizations;
          [(3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide 
        for the confidentiality of confidential business data; 
        and
          [(4) fix the terms of office of the members of the 
        General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for 
        their services as such members.]
  (a) General Advisory Committee.--
          (1) Appointments; public participation; 
        compensation.--
                  (A) The Secretary, in consultation with the 
                Secretary of State, shall appoint a General 
                Advisory Committee which shall consist of not 
                more than 25 individuals who shall be 
                representative of the various groups concerned 
                with the fisheries covered by the Convention, 
                including nongovernmental conservation 
                organizations, providing to the maximum extent 
                practicable an equitable balance among such 
                groups. Members of the General Advisory 
                Committee will be eligible to participate as 
                members of the U.S. delegation to the 
                Commission and its working groups to the extent 
                the Commission rules and space for delegations 
                allow.
                  (B) The chair of the Pacific Fishery 
                Management Council's Advisory Subpanel for 
                Highly Migratory Fisheries and the chair of the 
                Western Pacific Fishery Management Council's 
                Advisory Committee shall be members of the 
                General Advisory Committee by virtue of their 
                positions in those Councils;
                  (C) Each member of the General Advisory 
                Committee appointed under subparagraph (A) 
                shall serve for a term of 3 years and is 
                eligible for reappointment.
                  (D) The General Advisory Committee shall be 
                invited to attend all non-executive meetings of 
                the United States Section and at such meetings 
                shall be given opportunity to examine and to be 
                heard on all proposed programs of 
                investigation, reports, recommendations, and 
                regulations of the Commission.
                  (E) The General Advisory Committee shall 
                determine its organization, and prescribe its 
                practices and procedures for carrying out its 
                functions under this chapter, the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1801 et seq.), and the Convention. 
                The General Advisory Committee shall publish 
                and make available to the public a statement of 
                its organization, practices and procedures. 
                Meetings of the General Advisory Committee, 
                except when in executive session, shall be open 
                to the public, and prior notice of meetings 
                shall be made public in timely fashion. The 
                General Advisory Committee shall not be subject 
                to the Federal Advisory Committee Act (5 U.S.C. 
                App.).
          (2) Information sharing.--The Secretary and the 
        Secretary of State shall furnish the General Advisory 
        Committee with relevant information concerning 
        fisheries and international fishery agreements.
          (3) Administrative matters.--
                  (A) The Secretary shall provide to the 
                General Advisory Committee in a timely manner 
                such administrative and technical support 
                services as are necessary for its effective 
                functioning.
                  (B) Individuals appointed to serve as a 
                member of the General Advisory Committee--
                          (i) shall serve without pay, but 
                        while away from their homes or regular 
                        places of business to attend meetings 
                        of the General Advisory Committee shall 
                        be allowed travel expenses, including 
                        per diem in lieu of subsistence, in the 
                        same manner as persons employed 
                        intermittently in the Government 
                        service are allowed expenses under 
                        section 5703 of title 5, United States 
                        Code; and
                          (ii) shall not be considered Federal 
                        employees except for the purposes of 
                        injury compensation or tort claims 
                        liability as provided in chapter 81 of 
                        title 5, United States Code, and 
                        chapter 171 of title 28, United States 
                        Code.
  [(b) Functions.--
          [(1) General advisory committee.--The General 
        Advisory Committee shall be invited to have 
        representatives attend all nonexecutive meetings of the 
        United States sections and shall be given full 
        opportunity to examine and to be heard on all proposed 
        programs of investigations, reports, recommendations, 
        and regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such 
        commissions.]
  (b) Scientific Advisory Committee.--(1) The Secretary, in 
consultation with the Secretary of State, shall appoint a 
Scientific Advisory Subcommittee of not less than 5 nor more 
than 15 qualified scientists with balanced representation from 
the public and private sectors, including nongovernmental 
conservation organizations.
  (2) Scientific Advisory Subcommittee.--
          (A) Advice.--The Scientific Advisory Subcommittee 
        shall advise the General Advisory Committee and the 
        Commissioners on matters including--
                  (i) the conservation of ecosystems;
                  (ii) the sustainable uses of living marine 
                resources related to the tuna fishery in the 
                eastern Pacific Ocean; and
                  (iii) the long-term conservation and 
                management of stocks of living marine resources 
                in the eastern tropical Pacific Ocean.
          (B) Other functions and assistance.--The Scientific 
        Advisory Subcommittee shall, as requested by the 
        General Advisory Committee, the United States 
        Commissioners, or the Secretary, perform functions and 
        provide assistance required by formal agreements 
        entered into by the United States for this fishery, 
        including the International Dolphin Conservation 
        Program. These functions may include--
                  (i) the review of data from the Program, 
                including data received from the Inter-American 
                Tropical Tuna Commission;
                  (ii) recommendations on research needs, 
                including ecosystems, fishing practices, and 
                gear technology research, including the 
                development and use of selective, 
                environmentally safe and cost-effective fishing 
                gear, and on the coordination and facilitation 
                of such research;
                  (iii) recommendations concerning scientific 
                reviews and assessments required under the 
                Program and engaging, as appropriate, in such 
                reviews and assessments;
                  (iv) consulting with other experts as needed; 
                and
                  (v) recommending measures to assure the 
                regular and timely full exchange of data among 
                the parties to the Program and each nation's 
                National Scientific Advisory Committee (or its 
                equivalent).
  (3) Attendance at Meetings.--The Scientific Advisory 
Subcommittee shall be invited to have representatives attend 
all nonexecutive meetings of the United States sections and the 
General Advisory Subcommittee and shall be given full 
opportunity to examine and to be heard on all proposed programs 
of scientific investigation, scientific reports, and scientific 
recommendations of the commission. Representatives of the 
Scientific Advisory Subcommittee may attend meetings of the 
Inter-American Tropical Tuna Commission in accordance with the 
rules of such Commission.

[SEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES.]

                            [16 U.S.C. 955]

  [(a) Approval of commission bylaws and rules; action on 
reports, requests, and recommendations.--The Secretary of State 
is authorized to approve or disapprove, on behalf of the United 
States Government, bylaws and rules, or amendments thereof, 
adopted by each commission and submitted for approval of the 
United States Government in accordance with the provisions of 
the conventions, and, with the concurrence of the Secretary of 
the Interior, to approve or disapprove the general annual 
programs of the commissions. The Secretary of State is further 
authorized to receive, on behalf of the United States 
Government, reports, requests, recommendations, and other 
communications of the commissions, and to take appropriate 
action thereon either directly or by reference to the 
appropriate authority.
  [(b) Regulations.--Regulations recommended by each commission 
pursuant to the convention requiring the submission to the 
commission of records of operations by boat captains or other 
persons who participate in the fisheries covered by the 
convention, upon the concurrent approval of the Secretary of 
State and the Secretary of the Interior, shall be promulgated 
by the latter and upon publication in the Federal Register, 
shall be applicable to all vessels and persons subject to the 
jurisdiction of the United States.]

SEC. 6. RULEMAKING.

  (a) Regulations.--The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, 
the Secretary of the Department in which the Coast Guard is 
operating, may promulgate such regulations as may be necessary 
to carry out the United States international obligations under 
the Convention and this Act, including recommendations and 
decisions adopted by the Commission. In cases where the 
Secretary has discretion in the implementation of one or more 
measures adopted by the Commission that would govern fisheries 
under the authority of a Regional Fishery Management Council, 
the Secretary may, to the extent practicable within the 
implementation schedule of the Convention and any 
recommendations and decisions adopted by the Commission, 
promulgate such regulations in accordance with the procedures 
established by the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).
  (b) Jurisdiction.--The Secretary may promulgate regulations 
applicable to all vessels and persons subject to the 
jurisdiction of the United States, including United States flag 
vessels wherever they may be operating, on such date as the 
Secretary shall prescribe.
  (c) Rulemaking procedures; prohibitions.--Regulations 
required to carry out recommendations of the commission made 
pursuant to paragraph 5 of article II of the Convention for the 
Establishment of an Inter-American Tropical Tuna Commission 
shall be promulgated as hereinafter provided by the Secretary 
of the Interior upon approval of such recommendations by the 
Secretary of State and the Secretary of the Interior. The 
Secretary of the Interior shall cause to be published in the 
Federal Register a general notice of proposed rulemaking and 
shall afford interested persons an opportunity to participate 
in the rulemaking through (1) submission of written data, 
views, or arguments, and (2) 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. 
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 
of the Interior shall prescribe, but in no event prior to an 
agreed date for the application by all countries whose vessels 
engage in fishing for species covered by the convention in the 
regulatory area on a meaningful scale, in terms of effect upon 
the success of the conservation program, of effective measures 
for the implementation of the commission's recommendation 
applicable to all vessels and persons subject to their 
respective jurisdictions. The Secretary of the Interior shall 
suspend at any time the application of any such regulations 
when, after consultation with the Secretary of State and the 
United States Commissioners, he determines that foreign fishing 
operations in the regulatory area are such as to constitute a 
serious threat to the achievement of the objectives of the 
commission's recommendations. The regulations thus promulgated 
may include the selection for regulation of one or more of the 
species covered by the convention; the division of the 
convention waters into areas; the establishment of one more 
open or closed seasons as to each area; the limitation of the 
size of the fish and quantity of the catch which may be taken 
from each area within any season during which fishing is 
allowed; the limitation or prohibition of the incidental catch 
of a regulated species which may be retained, taken, possessed, 
or landed by vessels or persons fishing for other species of 
fish; the requiring of such clearance certificates for vessels 
as may be necessary to carry out the purposes of the convention 
and this Act [16 USCS  951 et seq.]; and such 
other measures incidental thereto as the Secretary of the 
Interior may deem necessary to implement the recommendations of 
the commission: Provided, That upon the promulgation of any 
such regulations the Secretary of the Interior shall promulgate 
additional regulations, with the concurrence of the Secretary 
of State, which shall become effective simultaneously with the 
application of the regulations hereinbefore referred to (1) to 
prohibit the entry into the United States, from any country 
when the vessels of such country are being used in the conduct 
of fishing operations in the regulatory area in such manner or 
in such circumstances as would tend to diminish the 
effectiveness of the conservation recommendations of the 
commission, of fish in any form of those species which are 
subject to regulation pursuant to a recommendation of the 
commission and which were taken from the regulatory area; and 
(2) to prohibit entry into the United States, from any country, 
of fish in any form of those species which are subject to 
regulation pursuant to a recommendation of the commission and 
which were taken from the regulatory area by vessels other than 
those of such country in such manner or in such circumstances 
as would tend to diminish the effectiveness of the conservation 
recommendations of the commission. In the case of repeated and 
flagrant fishing operations in the regulatory area by the 
vessels of any country which seriously threaten the achievement 
of the objectives of the commission's recommendations, the 
Secretary of the Interior, with the concurrence of the 
Secretary of State, may, in his discretion, also prohibit the 
entry from such country of such other species of tuna, in any 
form, as may be under investigation by the commission and which 
were taken in the regulatory area. The aforesaid prohibitions 
shall continue until the Secretary of the Interior is satisfied 
that the condition warranting the prohibition no longer exists, 
except that all fish in any form of the species under 
regulation which were previously prohibited from entry shall 
continue to be prohibited from entry.

[SEC. 8. VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED 
                    LAWS.

                            [16 U.S.C. 957]

  [(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.] regulation or for 
any person to make or submit any false record, account, or 
label for, or any false identification of, any fish or fish 
product (including the false identification of species, 
harvesting vessel or nation or the location where harvested) 
which has been, or is intended to be imported, exported, 
transported, sold, offered for sale, purchased, or received in 
interstate or foreign commerce.
  [(b) It shall be unlawful for the master or any person in 
charge of any fishing vessel of the United States or any person 
on board such vessel to fail to make, keep, or furnish any 
catch returns, statistical records, or other reports as are 
required by regulations adopted pursuant to this Act to be 
made, kept, or furnished; or to fail to stop upon being hailed 
by a duly authorized official of the United States; or to 
refuse to permit the duly authorized officials of the United 
States or authorized officials of the commissions to board such 
vessel or inspect its catch, equipment, books, documents, 
records, or other articles or question the persons on board in 
accordance with the provisions of this Act, or the convention, 
as the case may be.
  [(c) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to section 6(c) of 
this Act, from any country, any fish in any form of those 
species subject to regulation pursuant to a recommendation of 
the commission, or any tuna in any form not under regulation, 
but under investigation by the commission, during the period 
such fish have been denied entry in accordance with the 
provisions of section 6(c) of this Act. In the case of any fish 
as described in this subsection offered for entry into the 
United States, the Secretary of the Interior shall require 
proof satisfactory to him that such fish is not ineligible for 
such entry under the terms of section 6(c) of this Act.
  [(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.
  [(h) 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.]

SEC. 8. PROHIBITED ACTS.

  It is unlawful for any person--
          (1) to violate any provision of this chapter or any 
        regulation or permit issued pursuant to this Act;
          (2) to use any fishing vessel to engage in fishing 
        after the revocation, or during the period of 
        suspension, of an applicable permit issued pursuant to 
        this Act;
          (3) to refuse to permit any officer authorized to 
        enforce the provisions of this Act (as provided for in 
        section 10) to board a fishing vessel subject to such 
        person's control for the purposes of conducting any 
        search, investigation or inspection in connection with 
        the enforcement of this Act or any regulation, permit, 
        or the Convention;
          (4) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with 
        any such authorized officer in the conduct of any 
        search, investigations or inspection in connection with 
        the enforcement of this Act or any regulation, permit, 
        or the Convention;
          (5) to resist a lawful arrest for any act prohibited 
        by this Act;
          (6) 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 Act or any regulation, permit, or agreement 
        referred to in paragraph (1) or (2);
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section;
          (8) to knowingly and willfully submit to the 
        Secretary false information regarding any matter that 
        the Secretary is considering in the course of carrying 
        out this Act;
          (9) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with 
        any observer on a vessel under this Act, or any data 
        collector employed by the National Marine Fisheries 
        Service or under contract to any person to carry out 
        responsibilities under this Act;
          (10) to engage in fishing in violation of any 
        regulation adopted pursuant to section 6(c) of this 
        Act;
          (11) 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;
          (12) to fail to make, keep, or furnish any catch 
        returns, statistical records, or other reports as are 
        required by regulations adopted pursuant to this Act to 
        be made, kept, or furnished;
          (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the 
        United States; and
          (14) to import, in violation of any regulation 
        adopted pursuant to section 6(c) of this Act, any fish 
        in any form of those species subject to regulation 
        pursuant to a recommendation, resolution, or decision 
        of the Commission, or any tuna in any form not under 
        regulation but under investigation by the Commission, 
        during the period such fish have been denied entry in 
        accordance with the provisions of section 6(c) of this 
        Act, unless such person provides such proof as the 
        Secretary of Commerce may require that a fish described 
        in this paragraph offered for entry into the United 
        States is not ineligible for such entry under the terms 
        of section 6(c) of this Act.

[SEC. 10. ENFORCEMENT.

                            [16 U.S.C. 959]

  [(a) Issuance of process.--The judges of the United States 
district courts and United States commissioners may, within 
their respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued pursuant thereto.
  [(b) Federal law enforcement agents.--Enforcement of the 
provisions of this Act and the regulations issued pursuant 
thereto shall be the joint responsibility of the United States 
Coast Guard, the United States Department of the Interior, and 
the United States Bureau of Customs. In addition, the Secretary 
of the Interior may designate officers and employees of the 
States of the United States, of the Commonwealth of Puerto 
Rico, and of American Samoa to carry out enforcement activities 
hereunder. When so designated, such officers and employees are 
authorized to function as Federal law enforcement agents for 
these purposes.
  [(c) Execution of process.--Any person authorized to carry 
out enforcement activities hereunder shall have the power to 
execute any warrant or process issued by any officer or court 
of competent jurisdiction for the enforcement of this Act.
  [(d) Arrests.--Such person so authorized shall have the 
power--
          [(1) with or without a warrant or other process, to 
        arrest any persons subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued 
        thereunder;
          [(2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of such search he 
        has reasonable cause to believe that such vessel or any 
        person on board is engaging in operations in violation 
        of the provisions of this Act or the regulations issued 
        thereunder, then to arrest such person.
  [(e) Seizures and disposition of fish.--Such person so 
authorized may seize, whenever and wherever lawfully found, all 
fish taken or retained in violation of the provisions of this 
Act or the regulations issued pursuant thereto. Any fish so 
seized may be disposed of pursuant to the order of a court of 
competent jurisdiction, pursuant to the provisions of 
subsection (f) of this section or, if perishable, in a manner 
prescribed by regulations of the Secretary of the Interior.
  [(f) Security.--Notwithstanding the provisions of section 
2464 of title 28 of the 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 and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.]

SEC. 10. ENFORCEMENT.

  This Act shall be enforced under section 101 of the 
International Fisheries Stewardship and Enforcement Act.

SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN.

                            [16 U.S.C. 962]

  The Secretary of State, in consultation with the Secretary of 
Commerce and acting through the United States Commissioners, 
shall seek, in cooperation with other nations whose [vessel] 
vessels fish for tuna in the eastern tropical Pacific Ocean, to 
establish standards and measures for a bycatch reduction 
program for vessels fishing for yellowfin tuna in the eastern 
tropical Pacific Ocean. The bycatch reduction program shall 
include measures--
          (1) to require, to the maximum extent practicable, 
        that sea turtles and other threatened species and 
        endangered species are released alive;
          (2) to reduce, to the maximum extent practicable, the 
        harvest of nontarget species;
          (3) to reduce, to the maximum extent practicable, the 
        mortality of nontarget species; and
          (4) to reduce, to the maximum extent practicable, the 
        mortality of juveniles of the target species.

                 ATLANTIC TUNAS CONVENTION ACT OF 1995

SEC. 6. ADMINISTRATION.

                            [16 U.S.C. 971d]

  (a) Regulations; cooperation with other parties to 
Convention; utilization of personnel, services, and facilities 
for enforcement.--The Secretary is authorized and directed to 
administer and enforce all of the provisions of the Convention, 
this Act, and regulations issued pursuant thereto, except to 
the extent otherwise provided for in this Act. In carrying out 
such functions the Secretary is authorized and directed to 
adopt such regulations as may be necessary to carry out the 
purposes and objectives of the Convention and this Act, and 
with the concurrence of the Secretary of State, he may 
cooperate with the duly authorized officials of the government 
of any party to the Convention. In addition, the Secretary may 
utilize, with the concurrence of the Secretary of the 
department in which the Coast Guard is operating insofar as 
such utilization involves enforcement at sea, with or without 
reimbursement and by agreement with any other Federal 
department or agency, or with any agency of any State, the 
personnel, services, and facilities of that agency for 
enforcement purposes with respect to any vessel in the 
exclusive economic zone, or wherever found, with respect to any 
vessel documented under the laws of the United States, and any 
vessel numbered or otherwise licensed under the laws of any 
State. When so utilized, such personnel of the States of the 
United States are authorized to function as Federal law 
enforcement agents for these purposes, but they shall not be 
held and considered as employees of the United States for the 
purposes of any laws administered by the Civil Service 
Commission.
  (b) Primary enforcement responsibility.--Enforcement 
activities at sea under the provisions of this Act for fishing 
vessels subject to the jurisdiction of the United States shall 
be primarily the responsibility of the Secretary of the 
department in which the Coast Guard is operating, in 
cooperation with the Secretary and the United States Customs 
Service. The Secretary after consultation with the Secretary of 
the department in which the Coast Guard is operating, shall 
adopt such regulations as may be necessary to provide for 
procedures and methods of enforcement pursuant to article IX of 
the Convention.
  (c) Regulations and other measures to carry out Commission 
recommendations.--
          (1)(A) Upon favorable action by the Secretary of 
        State under section 5(a) of this Act on any 
        recommendation of the Commission made pursuant to 
        article VIII of the Convention, the Secretary shall 
        promulgate, pursuant to this subsection, such 
        regulations as may be necessary and appropriate to 
        carry out such recommendation.
          (B) Not later than June 30, 1991, the Secretary shall 
        promulgate any additional regulations necessary to 
        ensure that the United States is in full compliance 
        with all recommendations made by the Commission that 
        have been accepted by the United States and with other 
        agreements under the Convention between the United 
        States and any nation which is a party to the 
        Convention.
          (C) Regulations promulgated under this paragraph 
        shall, to the extent practicable, be consistent with 
        fishery management plans prepared and implemented under 
        the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.).
          (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) submission] the presentation of written data, 
        views, or [arguments, and (B) oral presentation at a 
        public hearing. Such] written or oral statements at a 
        public hearing. After consideration of such 
        presentations, the 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) The Secretary may issue final regulations to 
        implement Commission recommendations referred to in 
        paragraph (1) of this subsection concerning trade 
        restrictive measures against nations or fishing 
        entities without regard to the requirements of 
        subparagraph (A) of this paragraph and subsections (b) 
        and (c) of section 553 of title 5, United States Code.
          (3) The regulations required to be promulgated under 
        paragraph (1) of this subsection may--
                  (A) select for regulation one or more of the 
                species covered by the Convention;
                  (B) divide the Convention waters into areas;
                  (C) establish one or more open or closed 
                seasons as to each such area;
                  (D) limit the size of the fish and quantity 
                of the catch which may be taken from each area 
                within any season during which fishing is 
                allowed;
                  (E) limit or prohibit the incidental catch of 
                a regulated species which may be retained, 
                taken, possessed, or landed by vessels or 
                persons fishing for other species of fish;
                  (F) require records of operations to be kept 
                by any master or other person in charge of any 
                fishing vessel;
                  (G) require such clearance certificates for 
                vessels as may be necessary to carry out the 
                purposes of the Convention and this Act;
                  (H) require proof satisfactory to the 
                Secretary that any fish subject to regulation 
                pursuant to a recommendation of the Commission 
                offered for entry into the United States has 
                not been taken or retained contrary to the 
                recommendations of the Commission made pursuant 
                to article VIII of the Convention which have 
                been adopted as regulations pursuant to this 
                section;
                  (I) require any commercial or recreational 
                fisherman to obtain a permit from the Secretary 
                and report the quantity of the catch of a 
                regulated species;
                  (J) require that observers be carried aboard 
                fishing vessels for the purpose of providing 
                statistically reliable scientific data; and
                  (K) impose such other requirements and 
                provide for such other measures as the 
                Secretary may determine necessary to implement 
                any recommendation of the Convention or to 
                obtain scientific data necessary to accomplish 
                the purpose of the Convention;
        except that no regulation promulgated under this 
        section may have the effect of increasing or decreasing 
        any allocation or quota of fish or fishing mortality 
        level to the United States agreed to pursuant to a 
        recommendation of the Commission.
          (4) Upon the promulgation of regulations provided for 
        in paragraph (3) of this subsection, the Secretary 
        shall promulgate, with the concurrence of the Secretary 
        of State and pursuant to the procedures prescribed in 
        paragraph (2) of this subsection, additional 
        regulations which shall become effective simultaneously 
        with the application of the regulations provided for in 
        paragraph (3) of this subsection, which prohibit--
                  (A) the entry into the United States of fish 
                in any form of those species which are subject 
                to regulation pursuant to a recommendation of 
                the Commission and which were taken from the 
                Convention area in such manner or in such 
                circumstances as would tend to diminish the 
                effectiveness of the conservation 
                recommendations of the Commission; and
                  (B) the entry into the United States, from 
                any country when the vessels of such country 
                are being used in the conduct of fishing 
                operations in the Convention area in such 
                manner or in such circumstances as would tend 
                to diminish the effectiveness of the 
                conservation recommendations of the Commission, 
                of fish in any form of those species which are 
                subject to regulation pursuant to a 
                recommendation of the Commission and which were 
                taken from the Convention area.
          (5) In the case of repeated and flagrant fishing 
        operations in the Convention area by the vessels of any 
        country which seriously threaten the achievement of the 
        objectives of the Commission's recommendations, the 
        Secretary with the concurrence of the Secretary of 
        State, may by regulations promulgated pursuant to 
        paragraph (2) of this subsection prohibit the entry in 
        any form from such country of other species covered by 
        the Convention as may be under investigation by the 
        Commission and which were taken in the Convention area. 
        Any such prohibition shall continue until the Secretary 
        is satisfied that the condition warranting the 
        prohibition no longer exists, except that all fish in 
        any form of the species under regulation which were 
        previously prohibited from entry shall continue to be 
        prohibited from entry.
          (6) Identification and notification.--
                  (A) Not later than July 1, 1996, and annually 
                thereafter, the Secretary, in consultation with 
                the Secretary of State, the Commissioners, and 
                the advisory committee, shall--
                          (i) identify those nations whose 
                        fishing vessels are fishing, or have 
                        fished during the preceding calendar 
                        year, within the convention area in a 
                        manner or under circumstances that 
                        diminish the effectiveness of a 
                        conservation recommendation;
                          (ii) notify the President and the 
                        nation so identified, including an 
                        explanation of the reasons therefor; 
                        and
                          (iii) publish a list of those Nations 
                        identified under clause (i).
                  (B) In identifying those Nations, the 
                Secretary shall consider, based on the best 
                available information, whether those Nations 
                have measures in place for reporting, 
                monitoring, and enforcement, and whether those 
                measures diminish the effectiveness of any 
                conservation recommendation.
          (7) Consultation.--Not later than 30 days after a 
        Nation is notified under paragraph (6), the President 
        may enter into consultations with the Government of 
        that Nation for the purpose of obtaining an agreement 
        that will--
                  (A) effect the immediate termination and 
                prevent the resumption of any fishing operation 
                by vessels of that Nation within the Convention 
                area which is conducted in a manner or under 
                circumstances that diminish the effectiveness 
                of the conservation recommendation;
                  (B) when practicable, require actions by that 
                Nation, or vessels of that Nation, to mitigate 
                the negative impacts of fishing operations on 
                the effectiveness of the conservation 
                recommendation involved, including but not 
                limited to, the imposition of subsequent-year 
                deductions for quota overages; and
                  (C) result in the establishment, if 
                necessary, by such Nation of reporting, 
                monitoring, and enforcement measures that are 
                adequate to ensure the effectiveness of 
                conservation recommendations.
  (d) Commission recommendations concerning large-scale 
driftnet fishing and conservation of Atlantic swordfish.--
          (1) It is the sense of the Congress that the 
        Secretary, in consultation with the Secretary of State, 
        should seek support for a recommendation by the 
        Commission to ban large-scale driftnet fishing (as that 
        term is defined in section 3(16) of the Magnuson-
        Stevens Fishery Conservation and Management Act) in the 
        Convention area.
          (2) The Secretary, in consultation with the Secretary 
        of State, shall request the Commission to adopt 
        recommendations necessary for the conservation and 
        management of Atlantic swordfish. In making the 
        request, the Secretary shall seek the establishment of 
        an international minimum harvest size and a reduction 
        in harvest levels to the extent necessary to conserve 
        the stock. Until the Commission adopts all the 
        conservation and management measures requested by the 
        Secretary, the Secretary, within 3 months after each 
        annual meeting of the Commission, shall notify Congress 
        as to the nature and results of his request. These 
        notifications shall identify those nations not acting 
        to conserve and manage Atlantic swordfish, and 
        recommend measures which could be taken to achieve 
        effective international conservation and management of 
        the stock.

SEC. 7. VIOLATIONS; FINES AND FORFEITURES; RELATED LAWS.

                            [16 U.S.C. 971e]

  (a) In general.--It shall be unlawful--
          (1) for any person in charge of a fishing vessel or 
        any fishing vessel subject to the jurisdiction of the 
        United States to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act; 
        or
          (2) for any person subject to the jurisdiction of the 
        United States to ship, transport, purchase, sell, offer 
        for sale, import, export, or have in custody, 
        possession, or control any fish which he knows, or 
        should have known, were taken or retained contrary to 
        the recommendations of the Commission made pursuant to 
        article VIII of the Convention and adopted as 
        regulations pursuant to section 6 of this Act, without 
        regard to the citizenship of the person or vessel which 
        took the fish.
  (b) Failure to furnish returns, records, or reports.--It 
shall be unlawful for the master or any person in charge of any 
fishing vessel subject to the jurisdiction of the United States 
to fail to make, keep, or furnish any catch returns, 
statistical records, or other reports as are required by 
regulations adopted pursuant to this Act to be made, kept, or 
furnished by such master or person.
  (c) Refusal of request to board and inspect vessel.--It shall 
be unlawful for the master or any person in charge of any 
fishing vessel subject to the jurisdiction of the United States 
to refuse to permit any person authorized to enforce the 
provisions of this Act and any regulations adopted pursuant 
thereto, to board such vessel and inspect its catch, equipment, 
books, documents, records, or other articles or question the 
persons onboard in accordance with the provisions of this Act, 
or the Convention, as the case may be, or to obstruct such 
officials in the execution of such duties.
  (d) Importation of ineligible species or species under 
investigation.--It shall be unlawful for any person to import, 
in violation of any regulation adopted pursuant to section 6(c) 
or (d) of this Act, from any country, any fish in any form of 
those species subject to regulation pursuant to a 
recommendation of the Commission, or any fish in any form not 
under regulation but under investigation by the Commission, 
during the period such fish have been denied entry in 
accordance with the provisions of section 6(c) or (d) of this 
Act. In the case of any fish as described in this subsection 
offered for entry in the United States, the Secretary shall 
require proof satisfactory to him that such fish is not 
ineligible for such entry under the terms of section 6(c) or 
(d) of this Act.
  [(e) Sanctions.--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) Forfeiture.--All fish taken or retained in violation of 
subsection (a) of this section, or the monetary value thereof, 
may be forfeited.]
  (e) Mislabeling.--It shall be unlawful for any person to make 
or submit any false record, account, or label for, or any false 
identification of, any fish or fish product (including the 
false identification of the species, harvesting vessel or 
nation, or the location where harvested) which has been, or is 
intended to be, imported, exported, transported, sold, offered 
for sale, purchased or received in interstate or foreign 
commerce.
  [(g)] (f) Applicability of other laws.--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.

SEC. 8. ENFORCEMENT.

                            [16 U.S.C. 971f]

  [(a) Particular powers.--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.]
  [(b) International enforcement.--] This Act shall be enforced 
under section 101 of the International Fisheries Stewardship 
and Enforcement Act. 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] shall enforce this Act 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] shall enforce 
this Act 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) Bonds or stipulations.--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.]

[SEC. 11. ANNUAL REPORT.

                            [16 U.S.C. 971j]

  [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.]

              [EASTERN PACIFIC TUNA LICENSING ACT OF 1984

  [This Act may be cited as the ``Eastern Pacific Tuna 
Licensing Act of 1984''.

[SEC. 2. DEFINITIONS.

                            [16 U.S.C. 972]

  [As used in this Act--
          [(1) The term ``Agreement'' means the Eastern Pacific 
        Ocean Tuna Fishing Agreement, signed in San Jose, Coast 
        Rica, March 15, 1983.
          [(2) The term ``Agreement Area'' means the area 
        within a perimeter determined as follows: From the 
        point on the mainland where the parallel of 40 degrees 
        north latitude intersects the coast westward along the 
        parallel of 40 degrees north latitude to 40 degrees 
        north latitude by 125 degrees west longitude, thence 
        southerly along the meridian of 125 degrees west 
        longitude to 20 degrees north latitude by 125 degrees 
        west longitude, thence easterly along the parallel of 
        20 degrees north latitude to 20 degrees north latitude 
        by 120 degrees west longitude, thence southerly along 
        the meridian of 120 degrees west longitude to 5 degrees 
        north latitude by 120 degrees west longitude, thence 
        easterly along the parallel of 5 degrees north latitude 
        to 5 degrees north latitude by 110 degrees west 
        longitude, thence southerly along the meridian of 110 
        degrees west longitude to 10 degrees south latitude by 
        110 degrees west longitude, thence easterly along the 
        parallel of 10 degrees south latitude to 10 degrees 
        south latitude by 90 degrees west longitude, thence 
        southerly along the meridian of 90 degrees west 
        longitude to 30 degrees south latitude by 90 degrees 
        west longitude, thence easterly along the parallel of 
        30 degrees south latitude to the point on the mainland 
        where the parallel intersects the coast; but the 
        Agreement Area does not include the zones within twelve 
        nautical miles of the baseline from which the breadth 
        of territorial sea is measured and the zones within two 
        hundred nautical miles of the baselines of Coastal 
        States not signatories to the Agreement, measured from 
        the same baseline.
          [(3) The term ``designated species of tuna'' means 
        yellowfin tuna, Thunnus albacares (Bonnaterre, 1788); 
        bigeye tuna, Thunnus obesus (Lowe, 1839); albacore 
        tuna, thunnus alalunga (Bonnaterre, 1788); northern 
        bluefin tuna, Thunnus thynnus (Linnaeus, 1758); 
        southern bluefin tuna, Thunnus maccoyil (Castelnau, 
        1872); skipjack tuna, Katsuwonus pelamis (Linnaeus[,] 
        1578); black skipjack, Euthynnus Lineatus 
        (Kishinouye[,] 1920); kawakawa, Euthynnus affinis 
        (Cantor, 1849); bullet tuna, Auxis rochei (Risso, 
        1810),[;] frigate tuna, Ausix thazard (Lacepede, 1800); 
        eastern Pacific bonito, Sarda chiliensis (Cuvier in 
        Cuvier and Valenciennes, 1831); and Indo-Pacific 
        bonito, Sarda orientalis (Temminck and Schlegel, 1844).
          [(4) The term ``Council'' means the body consisting 
        of the representatives from each Contracting Party to 
        the Agreement which is a Coastal State of the eastern 
        Pacific Ocean or a member of the Inter-American 
        Tropical Tuna Commission at the time of entry into 
        force of the Agreement.

[SEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL.

                            [16 U.S.C 972a]

  [(a) Appointment by Secretary of State.--The Secretary of 
State--
          [(1) shall appoint a United States representative to 
        the Council; and
          [(2) may appoint not more than three alternate United 
        States representatives to the Council.
  [(b) Qualification.--An individual is not eligible for 
appointment as, or to serve as, the United States 
representative under subsection (a)(1) unless the individual is 
an officer or employee of the United States Government.
  [(c) Compensation.--An individual is not entitled to 
compensation for serving as the United States representative or 
an alternate United States representative.
  [(d) Travel expenses.--While away from home or a regular 
place of business in the performance of service as the United 
States representative or an alternate United States 
representative, an individual is entitled to travel expenses, 
including per diem in lieu of subsistence, in the same manner 
as individuals employed intermittently in Government service 
are allowed expenses under section 5703(b) of title 5 of the 
United States Code.

[SEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES.

                            [16 U.S.C 972b]

  [The Secretary of State shall receive, on behalf of the 
United States Government, reports, requests, recommendations 
and other communications of the Council, and, in consultation 
with the Secretary of Commerce, shall act directly thereon or 
by reference to the appropriate authorities.

[SEC. 5. APPLICATION TO OTHER LAWS.

                            [16 U.S.C. 972c]

  [(a) Notwithstanding section 4 of the Fishermen's Protective 
Act of 1967 (22 U.S.C. 1874), such Act applies with respect to 
a seizure by a Contracting Party to the Agreement of a vessel 
of the United States within the Agreement Area for violation of 
the Agreement if the Secretary of State determines that the 
violation is not of such seriousness as to diminish the 
effectiveness of the Agreement.
  [(b) The seizure by a Contracting Party to the Agreement of a 
vessel of the United States shall not be considered to be a 
seizure described in section 205(a)(4)(C) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1825(a)(4)(C)) if the seizure is consistent with the Agreement.

[SEC. 6. DISPOSITION OF FEES.

                            [16 U.S.C. 972d]

  [All fees accruing to the United States under Article III of 
the Agreement shall be deposited into the Treasury of the 
United States.

[SEC. 7. REGULATIONS.

                            [16 U.S.C. 972e]

  [The Secretary of Commerce, in cooperation with the Secretary 
of State and the Secretary of the department in which the Coast 
Guard is operating, shall issue such regulations as may be 
necessary to carry out the purposes and objectives of the 
Agreement and this Act. Regulations may be made applicable as 
necessary to all persons and vessels subject to the 
jurisdiction of the United States, wherever located. 
Regulations concerning the conservation of a designated species 
of tuna may be issued only to implement conservation 
recommendations made by the Council under Article 3(D) of the 
Agreement.

[SEC. 8. PROHIBITED ACTS.

                            [16 U.S.C. 972f]

  [(a) Unlawful acts.--It is unlawful for any person subject to 
the jurisdiction of the United States--
          [(1) to engage in fishing for a designated species of 
        tuna within the Agreement Area unless issued a license 
        under the Agreement authorizing such fishing;
          [(2) to engage in fishing for a designated species of 
        tuna within the Agreement area in contravention of 
        regulations promulgated by the Secretary of Commerce 
        under the Agreement;
          [(3) knowingly to ship, transport, purchase, sell, 
        offer for sale, export, or have in custody, possession, 
        or control any designated species of tuna taken or 
        retained in violation of regulations issued under 
        section 7;
          [(4) to fail to make, keep, or furnish any catch 
        return, statistical record, or other report required by 
        regulations issued under section 7;
          [(5) being a person in charge of a vessel of the 
        United States, to fail to stop upon being hailed by an 
        authorized official of the United States, or to refuse 
        to permit officials of the United States to board the 
        vessel or inspect its catch, equipment, books, 
        documents, records, or other articles, or to question 
        individuals on board; or
          [(6) to import from any country, in violation of any 
        regulation issued under section 7, any designated 
        species of tuna.
  [(b) Penalties.--Any person who is convicted of violating--
          [(1) subsection (a)(1), (a)(2), or (a)(3) shall be 
        fined or assessed a civil penalty not more than 
        $25,000, and for a subsequent violation shall be fined 
        or assessed a civil penalty not more than $50,000;
          [(2) subsection (a)(4) or (a)(5) shall be fined or 
        assessed a civil penalty not more than $5,000, and for 
        a subsequent violation shall be fined or assessed a 
        civil penalty not more than $5,000; or
          [(3) subsection (a)(6) shall be fined or assessed a 
        civil penalty not more than $100,000.
  [(c) Forfeiture.--All designated species of tuna taken or 
retained in violation of subsection (a)(1), (2), (3), or (6), 
or the monetary value thereof, is subject to forfeiture.
  [(d) Application of laws relating to seizures and 
forfeitures.--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 this Act, 
insofar as such provisions of law are applicable and not 
inconsistent with the provision of this Act.

[SEC. 9. ENFORCEMENT.

                            [16 U.S.C. 972g]

  [(a) Warrants.--The judges of the United States district 
courts and United States magistrates may, within their 
respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued under section 7.
  [(b) Joint responsibility for enforcement.--The enforcement 
of this Act and the regulations issued under section 7 shall be 
the joint responsibility of the department in which the Coast 
Guard is operating, the Department of Commerce, and the United 
States Customs Service. In addition, the Secretary of Commerce 
may designate officers and employees of the States of the 
United States, of the Commonwealth of Puerto Rico, and of 
American Samoa to carry out enforcement activities under this 
section. When so designated, such officers and employees may 
function as Federal law enforcement agents for these purposes.
  [(c) Execution of warrants and process.--An individual 
authorized to carry out enforcement activities under this 
section has power to execute any warrant or process issued by 
any officer or court of competent jurisdiction for the 
enforcement of this Act.
  [(d) Arrest; search.--An individual so authorized to carry 
out enforcement activities under this section has power--
          [(1) with or without a warrant or other process, to 
        arrest any person subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued under 
        section 7;
          [(2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if, as a result of the search he 
        has reasonable cause to believe that such vessel or any 
        individual on board is engaging in operations in 
        violation of this Act or any regulation issued 
        thereunder to arrest such person.
  [(e) Seizure.--An individual authorized to enforce this Act 
may seize, whenever or wherever lawfully found, all species of 
designated tuna taken or retained in violation of this Act or 
the regulations issued under section 7. Any species so seized 
may be disposed of pursuant to the order of a court of 
competent jurisdiction, under subsection (f) of this section 
or, if perishable, in a manner prescribed by regulations of the 
Secretary of Commerce.
  [(f) Bond or stipulation for value of the property.--
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 species of designated tuna seized if the process 
has been levied, on receiving from the claimant of the species 
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 species 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 species may be sold for not less than its reasonable 
market value and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.

[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 972h]

  [There are authorized to be appropriated for fiscal years 
after fiscal year 1984 such sums as may be necessary to carry 
out this Act.]

                     SOUTH PACIFIC TUNA ACT OF 1988

SEC. 2. DEFINITIONS.

                            [16 U.S.C. 973]

  As used in this Act--
          (1) The term ``Administrator'' means the individual 
        or organization designated by the Pacific Island 
        Parties to act on their behalf under the Treaty and 
        notified to the United States Government.
          (2) The term ``Authorized Officer'' means any officer 
        who is authorized by the Secretary, or the Secretary of 
        the department in which the Coast Guard is operating, 
        or the head of any Federal or State agency which has 
        entered into an enforcement agreement with the 
        Secretary under section 10(a) of this Act.
          (3) The term ``Authorized Party Officer'' means any 
        officer authorized by a Pacific Island Party to enforce 
        the provisions of the Treaty.
          (4) The term ``applicable national law'' means any 
        provision of law of a Pacific Island Party which is 
        described in paragraph 1(a) of Annex I of the Treaty.
          (5) The term ``Closed Area'' means any of the closed 
        areas identified in Schedule 2 of Annex I of the 
        Treaty.
          (6) The term ``fishing'' means--
                  (A) searching for, catching, taking, or 
                harvesting fish;
                  (B) attempting to search for, catch, take, or 
                harvest fish;
                  (C) engaging in any other activity which can 
                reasonably be expected to result in the 
                locating, catching, taking, or harvesting of 
                fish;
                  (D) placing, searching for, or recovering 
                fish aggregating devices or associated 
                electronic equipment such as radio beacons;
                  (E) any operations at sea directly in support 
                of, or in preparation for, any activity 
                described in this paragraph; or
                  (F) aircraft use, relating to the activities 
                described in this paragraph except for flights 
                in emergencies involving the health or safety 
                of crew members or the safety of a vessel.
          (7) The term ``fishing vessel'' or ``vessel'' means 
        any boat, ship, or other craft which is used for, 
        equipped to be used for, or of a type normally used for 
        commercial fishing, and which is documented under the 
        laws of the United States.
          (8) The term ``Licensing Area'' means all waters in 
        the Treaty Area except for--
                  (A) those waters subject to the jurisdiction 
                of the United States in accordance with 
                international law;
                  (B) those waters within Closed Areas; and
                  (C) those waters within Limited Areas closed 
                to fishing.
          (9) The term ``licensing period'' means the period of 
        validity of licenses issued in accordance with the 
        Treaty.
          (10) The term ``Limited Area'' means any area so 
        identified in Schedule 3 of Annex I of the Treaty.
          (11) The term ``operator'' means any person who is in 
        charge of, directs or controls a vessel, including the 
        owner, charterer, and master.
          (12) The term ``Pacific Island Party'' means a 
        Pacific Island nation which is a party to the Treaty.
          (13) The term ``Party'' means a nation which is a 
        party to the Treaty.
          (14) The term ``person'' means any individual 
        (whether or not a citizen or national of the United 
        States), any corporation, partnership, association, or 
        other entity (whether or not organized or existing 
        under the laws of any State), and any Federal, State, 
        local, or foreign government or any entity of any such 
        government.
          (15) The term SEC.etary'' means the Secretary of 
        Commerce, or the designee of the Secretary of Commerce.
          (16) The term ``State'' means each of the several 
        States, the District of Columbia, the Commonwealths of 
        Puerto Rico and the Northern Mariana Islands, American 
        Samoa, the Virgin Islands, Guam, and any other 
        Commonwealth, territory, or possession of the United 
        States.
          (17) The term ``Treaty'' means the Treaty on 
        Fisheries Between the Governments of Certain Pacific 
        Island States and the Government of the United States 
        of America, signed in Port Moresby, Papua New Guinea, 
        April 2, 1987, and its Annexes, Schedules, and 
        implementing agreements.
          (18) The term ``Treaty Area'' means the area so 
        described in paragraph 1(k) of Article 1 of the Treaty.

SEC. 5. PROHIBITED ACTS.

                            [16 U.S.C. 973c]

  (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) to violate any provision of this Act or any 
        regulation or order issued pursuant to this Act;
          (2) to use a vessel for fishing in violation of an 
        applicable national law;
          (3) who has entered into a fishing arrangement under 
        paragraph 3 of Article 3 of the Treaty, to violate the 
        terms and conditions of such fishing arrangement if the 
        Secretary of State has decided under section 18 of this 
        Act that Article 4 and paragraph 6 of Article 5 of the 
        Treaty shall apply to the arrangement;
          (4) to use a vessel for fishing in any Limited Area 
        in violation of any requirement in Schedule 3 of Annex 
        I of the Treaty;
          (5) to use a vessel for fishing in any Closed Area;
          (6) to falsify any information required to be 
        reported, notified, communicated, or recorded pursuant 
        to a requirement of this Act, or to fail to submit any 
        required information, or to fail to report to the 
        Secretary immediately any change in circumstances which 
        has the effect of rendering any such information false, 
        incomplete, or misleading;
          (7) to intentionally destroy evidence which could be 
        used to determine if a violation of this Act or the 
        Treaty has occurred;
          (8) to refuse to permit any Authorized Officer or 
        Authorized Party Officer to board a fishing vessel for 
        purposes of conducting a [search or inspection] search, 
        investigation, or inspection in connection with the 
        enforcement of this Act or the Treaty;
          (9) to refuse to comply with the instructions of an 
        Authorized Officer or Authorized Party Officer relating 
        to fishing activities under 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 or 
                inspection] search, investigation, or 
                inspection in connection with the enforcement 
                of this Act or the Treaty; or
                  (B) an observer in the conduct of observer 
                duties under the Treaty;
          (11) to resist a lawful arrest for any act prohibited 
        by this section;
          (12) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section; [or]
          (13) 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 Act or any regulation, permit, or the Treaty, 
        with the knowledge that the fish were so taken or 
        [retained.] retained; or
          (14) for any person to make or submit any false 
        record, account, or label for, or any false 
        identification of, any fish or fish product (including 
        false identification of the species, harvesting vessel 
        or nation, or the location where harvested) which has 
        been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or 
        received in interstate or foreign commerce.
  (b) Except as provided in section 6 of this Act, it is 
unlawful for any person subject to the jurisdiction of the 
United States when in the Licensing Area--
          (1) to use a vessel to fish unless validly licensed 
        as required by the Administrator;
          (2) to use a vessel for directed fishing for southern 
        bluefin tuna or for fishing for any kinds of fish other 
        than tunas, except that fish may be caught as an 
        incidental by-catch;
          (3) to use a vessel for fishing by any method other 
        than the purse-seine method;
          (4) to use any vessel to engage in fishing after the 
        revocation of its license, or during the period of 
        suspension of an applicable license;
          (5) to operate a vessel in such a way as to disrupt 
        or in any other way adversely affect the activities of 
        traditional and locally based fishermen and fishing 
        vessels;
          (6) to use a vessel to fish in a manner inconsistent 
        with an order issued by the Secretary under section 11 
        of this Act; or
          (7) except for circumstances involving force majeure 
        and other emergencies involving the health or safety of 
        crew members or the safety of the vessel, to use an 
        aircraft in association with the fishing activities of 
        a vessel unless it is identified in the license 
        application for the vessel, or any amendment thereto.

[SEC. 7. CRIMINAL OFFENSES.

                            [16 U.S.C. 973e]

  [(a) Prohibited acts.--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) Sentence and fine.--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 than $100,000 or imprisonment 
for not more than 10 years, or both.
  [(c) Jurisdiction.--The district courts of the United States 
shall have jurisdiction over any offense described in this 
section.

[SEC. 8. CIVIL PENALTIES.

                            [16 U.S.C. 973f]

  [(a) Determination of liability; amount; participation by 
Secretary of State in assessment proceeding.--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 [16 USCS  973c(a)(4), (5), (7), (8), 
(10)-(12), (b)(1)-(3), (7)], 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) Judicial review of assessment; procedures applicable.--
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) Failure to pay assessment of civil penalty; recovery by 
Attorney General.--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) In rem liability for civil penalty; jurisdiction; 
maritime lien on vessel.--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 [this section] 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) Compromise, etc., of civil penalty.--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) Conduct of hearings.--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) Waiver of referral to Attorney General.--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. ADMINISTRATION AND ENFORCEMENT.

  This Act shall be enforced under section 101 of the 
International Fisheries Stewardship and Enforcement Act.

SEC. 20. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C.973r]

  (a) There are authorized to be appropriated for fiscal years 
[1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, 
and 2002,] 2009 through 2013 such sums as may be necessary for 
carrying out the purposes and provisions of the Treaty and this 
Act including--
          (1) for fiscal years [1992, 1993, 1994, 1995, 1996, 
        1997, 1998, 1999, 2000, 2001, and 2002,] 2009 through 
        2013 an amount not to exceed $350,000 annually to the 
        Department of Commerce for administrative expenses; and
          (2) for fiscal years [1992, 1993, 1994, 1995, 1996, 
        1997, 1998, 1999, 2000, 2001, and 2002,] 2009 through 
        2013 an amount not to exceed $50,000 annually to the 
        Department of State for administrative expenses.
  (b) Funds appropriated for the purposes of the Treaty may be 
used notwithstanding any of the provisions of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any 
appropriations Act that imposes restrictions on the maintenance 
or use of cash transfer assistance, which are inconsistent with 
the provisions of the Treaty.

                FISHERY CONSERVATION AMENDMENTS OF 1990

SEC. 901. DOLPHIN PROTECTION.

                            [16 U.S.C. 1385]

  (a) Short title.--This section may be cited as the ``Dolphin 
Protection Consumer Information Act''.
  (b) Findings.--The Congress finds that--
          (1) dolphins and other marine mammals are frequently 
        killed in the course of tuna fishing operations in the 
        eastern tropical Pacific Ocean and high seas driftnet 
        fishing in other parts of the world;
          (2) it is the policy of the United States to support 
        a worldwide ban on high seas driftnet fishing, in part 
        because of the harmful effects that such driftnets have 
        on marine mammals, including dolphins; and
          (3) consumers would like to know if the tuna they 
        purchase is falsely labeled as to the effect of the 
        harvesting of the tuna on dolphins.
  (c) Definitions.--For purposes of this section--
          (1) the terms ``driftnet'' and ``driftnet fishing'' 
        have the meanings given those terms in section 4003 of 
        the Driftnet Impact Monitoring, Assessment, and Control 
        Act of 1987 (16 U.S.C. 1822 note);
          (2) the term ``eastern tropical Pacific Ocean'' means 
        the area of the Pacific Ocean bounded by 40 degrees 
        north latitude, 40 degrees south latitude, 160 degrees 
        west longitude, and the western coastlines of North, 
        Central, and South America;
          (3) the term ``label'' means a display of written, 
        printed, or graphic matter on or affixed to the 
        immediate container of any article;
          (4) the term SEC.etary'' means the Secretary of 
        Commerce; and
          (5) the term ``tuna product'' means a food item which 
        contains tuna and which has been processed for retail 
        sale, except perishable sandwiches, salads, or other 
        products with a shelf life of less than 3 days.
  (d) Labeling standard.--
          (1) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) for any producer, 
        importer, exporter, distributor, or seller of any tuna 
        product that is exported from or offered for sale in 
        the United States to include on the label of that 
        product the term ``dolphin safe'' or any other term or 
        symbol that falsely claims or suggests that the tuna 
        contained in the product were harvested using a method 
        of fishing that is not harmful to dolphins if the 
        product contains tuna harvested--
                  (A) on the high seas by a vessel engaged in 
                driftnet fishing;
                  (B) outside the eastern tropical Pacific 
                Ocean by a vessel using purse seine nets--
                          (i) in a fishery in which the 
                        Secretary has determined that a regular 
                        and significant association occurs 
                        between dolphins and tuna (similar to 
                        the association between dolphins and 
                        tuna in the eastern tropical Pacific 
                        Ocean), unless such product is 
                        accompanied by a written statement, 
                        executed by the captain of the vessel 
                        and an observer participating in a 
                        national or international program 
                        acceptable to the Secretary, certifying 
                        that no purse seine net was 
                        intentionally deployed on or used to 
                        encircle dolphins during the particular 
                        voyage on which the tuna were caught 
                        and no dolphins were killed or 
                        seriously injured in the sets in which 
                        the tuna were caught; or
                          (ii) in any other fishery (other than 
                        a fishery described in subparagraph 
                        (D)) unless the product is accompanied 
                        by a written statement executed by the 
                        captain of the vessel certifying that 
                        no purse seine net was intentionally 
                        deployed on or used to encircle 
                        dolphins during the particular voyage 
                        on which the tuna was harvested;
                  (C) in the eastern tropical Pacific Ocean by 
                a vessel using a purse seine net unless the 
                tuna meet the requirements for being considered 
                dolphin safe under paragraph (2); or
                  (D) by a vessel in a fishery other than one 
                described in subparagraph (A), (B), or (C) that 
                is identified by the Secretary as having a 
                regular and significant mortality or serious 
                injury of dolphins, unless such product is 
                accompanied by a written statement executed by 
                the captain of the vessel and an observer 
                participating in a national or international 
                program acceptable to the Secretary that no 
                dolphins were killed or seriously injured in 
                the sets or other gear deployments in which the 
                tuna were caught, provided that the Secretary 
                determines that such an observer statement is 
                necessary.
          (2) For purposes of paragraph (1)(C), a tuna product 
        that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets is 
        dolphin safe if--
                  (A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is 
                not capable of deploying its purse seine nets 
                on or to encircle dolphins; or
                  (B)(i) the product is accompanied by a 
                written statement executed by the captain 
                providing the certification required under 
                subsection (h);
                  (ii) the product is accompanied by a written 
                statement executed by--
                          (I) the Secretary or the Secretary's 
                        designee;
                          (II) a representative of the Inter-
                        American Tropical Tuna Commission; or
                          (III) an authorized representative of 
                        a participating nation whose national 
                        program meets the requirements of the 
                        International Dolphin Conservation 
                        Program,
                which states that there was an observer 
                approved by the International Dolphin 
                Conservation Program on board the vessel during 
                the entire trip and that such observer provided 
                the certification required under subsection 
                (h); and
                  (iii) the statements referred to in clauses 
                (i) and (ii) are endorsed in writing by each 
                exporter, importer, and processor of the 
                product; and
                  (C) the written statements and endorsements 
                referred to in subparagraph (B) comply with 
                regulations promulgated by the Secretary which 
                provide for the verification of tuna products 
                as dolphin safe.
          (3)(A) The Secretary of Commerce shall develop an 
        official mark that may be used to label tuna products 
        as dolphin safe in accordance with this Act.
          (B) A tuna product that bears the dolphin safe mark 
        developed under subparagraph (A) shall not bear any 
        other label or mark that refers to dolphins, porpoises, 
        or marine mammals.
          (C) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) to label a tuna 
        product with any label or mark that refers to dolphins, 
        porpoises, or marine mammals other than the mark 
        developed under subparagraph (A) unless--
                  (i) no dolphins were killed or seriously 
                injured in the sets or other gear deployments 
                in which the tuna were caught;
                  (ii) the label is supported by a tracking and 
                verification program which is comparable in 
                effectiveness to the program established under 
                subsection (f); and
                  (iii) the label complies with all applicable 
                labeling, marketing, and advertising laws and 
                regulations of the Federal Trade Commission, 
                including any guidelines for environmental 
                labeling.
          (D) If the Secretary determines that the use of a 
        label referred to in subparagraph (C) is substantially 
        undermining the conservation goals of the International 
        Dolphin Conservation Program, the Secretary shall 
        report that determination to the United States Senate 
        Committee on Commerce, Science, and Transportation and 
        the United States House of Representatives Committees 
        on Resources and on Commerce, along with 
        recommendations to correct such problems.
          (E) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) willingly and 
        knowingly to use a label referred to in subparagraph 
        (C) in a campaign or effort to mislead or deceive 
        consumers about the level of protection afforded 
        dolphins under the International Dolphin Conservation 
        Program.
          (4) It is a violation of section 101 of the 
        International Fisheries Stewardship and Enforcement Act 
        for any person to assault, resist, oppose, impede, 
        intimidate, or interfere with and authorized officer in 
        the conduct of any search, investigation or inspection 
        under this 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) Enforcement.--This Act shall be enforced under section 
101 of the International Fisheries Stewardship and Enforcement 
Act.
  (f) Regulations.--The Secretary, in consultation with the 
Secretary of the Treasury, shall issue regulations to implement 
this Act, including regulations to establish a domestic 
tracking and verification program that provides for the 
effective tracking of tuna labeled under subsection (d). In the 
development of these regulations, the Secretary shall establish 
appropriate procedures for ensuring the confidentiality of 
proprietary information the submission of which is voluntary or 
mandatory. The regulations shall address each of the following 
items:
          (1) The use of weight calculation for purposes of 
        tracking tuna caught, landed, processed, and exported.
          (2) Additional measures to enhance current observer 
        coverage, including the establishment of criteria for 
        training, and for improving monitoring and reporting 
        capabilities and procedures.
          (3) The designation of well location, procedures for 
        sealing holds, procedures for monitoring and certifying 
        both above and below deck, or through equally effective 
        methods, the tracking and verification of tuna labeled 
        under subsection (d).
          (4) The reporting, receipt, and database storage of 
        radio and facsimile transmittals from fishing vessels 
        containing information related to the tracking and 
        verification of tuna, and the definition of set.
          (5) The shore-based verification and tracking 
        throughout the fishing, transshipment, and canning 
        process by means of Inter-American Tropical Tuna 
        Commission trip records or otherwise.
          (6) The use of periodic audits and spot checks for 
        caught, landed, and processed tuna products labeled in 
        accordance with subsection (d).
          (7) The provision of timely access to data required 
        under this subsection by the Secretary from harvesting 
        nations to undertake the actions required in paragraph 
        (6) of this paragraph.
The Secretary may make such adjustments as may be appropriate 
to the regulations promulgated under this subsection to 
implement an international tracking and verification program 
that meets or exceeds the minimum requirements established by 
the Secretary under this subsection.
  (g) Secretarial findings.--
          (1) Between March 1, 1999, and March 31, 1999, the 
        Secretary shall, on the basis of the research conducted 
        before March 1, 1999, under section 304(a) of the 
        Marine Mammal Protection Act of 1972, information 
        obtained under the International Dolphin Conservation 
        Program, and any other relevant information, make an 
        initial finding regarding whether the intentional 
        deployment on or encirclement of dolphins with purse 
        seine nets is having a significant adverse impact on 
        any depleted dolphin stock in the eastern tropical 
        Pacific Ocean. The initial finding shall be published 
        immediately in the Federal Register and shall become 
        effective upon a subsequent date determined by the 
        Secretary.
          (2) Between July 1, 2001, and December 31, 2002, the 
        Secretary shall, on the basis of the completed study 
        conducted under section 304(a) of the Marine Mammal 
        Protection Act of 1972, information obtained under the 
        International Dolphin Conservation Program, and any 
        other relevant information, make a finding regarding 
        whether the intentional deployment on or encirclement 
        of dolphins with purse seine nets is having a 
        significant adverse impact on any depleted dolphin 
        stock in the eastern tropical Pacific Ocean. The 
        finding shall be published immediately in the Federal 
        Register and shall become effective upon a subsequent 
        date determined by the Secretary.
  (h) Certification by captain and observer.--
          (1) Unless otherwise required by paragraph (2), the 
        certification by the captain under subsection 
        (d)(2)(B)(i) and the certification provided by the 
        observer as specified in subsection (d)(2)(B)(ii) shall 
        be that no dolphins were killed or seriously injured 
        during the sets in which the tuna were caught.
          (2) The certification by the captain under subsection 
        (d)(2)(B)(i) and the certification provided by the 
        observer as specified under subsection (d)(2)(B)(ii) 
        shall be that no tuna were caught on the trip in which 
        such tuna were harvested using a purse seine net 
        intentionally deployed on or to encircle dolphins, and 
        that no dolphins were killed or seriously injured 
        during the sets in which the tuna were caught, if the 
        tuna were caught on a trip commencing--
                  (A) before the effective date of the initial 
                finding by the Secretary under subsection 
                (g)(1);
                  (B) after the effective date of such initial 
                finding and before the effective date of the 
                finding of the Secretary under subsection 
                (g)(2), where the initial finding is that the 
                intentional deployment on or encirclement of 
                dolphins is having a significant adverse impact 
                on any depleted dolphin stock; or
                  (C) after the effective date of the finding 
                under subsection (g)(2), where such finding is 
                that the intentional deployment on or 
                encirclement of dolphins is having a 
                significant adverse impact on any such depleted 
                stock.

                      MARINE MAMMAL PROTECTION ACT

SEC. 304. RESEARCH.

                           [16 U.S.C. 1414a]

  (a) Required research.--
          (1) In general.--The Secretary shall, in consultation 
        with the Marine Mammal Commission and the Inter-
        American Tropical Tuna Commission, conduct a study of 
        the effect of intentional encirclement (including 
        chase) on dolphins and dolphin stocks incidentally 
        taken in the course of purse seine fishing for 
        yellowfin tuna in the eastern tropical Pacific Ocean. 
        The study, which shall commence on October 1, 1997, 
        shall consist of abundance surveys as described in 
        paragraph (2) and stress studies as described in 
        paragraph (3), and shall address the question of 
        whether such encirclement is having a significant 
        adverse impact on any depleted dolphin stock in the 
        eastern tropical Pacific Ocean.
          (2) Population abundance surveys.--The abundance 
        surveys under this subsection shall survey the 
        abundance of such depleted stocks and shall be 
        conducted during each of the calendar years 1998, 1999, 
        and 2000.
          (3) Stress studies.--The stress studies under this 
        subsection shall include--
                  (A) a review of relevant stress-related 
                research and a 3-year series of necropsy 
                samples from dolphins obtained by commercial 
                vessels;
                  (B) a 1-year review of relevant historical 
                demographic and biological data related to 
                dolphins and dolphin stocks referred to in 
                paragraph (1); and
                  (C) an experiment involving the repeated 
                chasing and capturing of dolphins by means of 
                intentional encirclement.
          (4) Report.--No later than 90 days after publishing 
        the finding under subsection (g)(2) of the Dolphin 
        Protection Consumer Information Act, the Secretary 
        shall complete and submit a report containing the 
        results of the research described in this subsection to 
        the United States Senate Committee on Commerce, 
        Science, and Transportation and the United States House 
        of Representatives Committees on Resources and on 
        Commerce, and to the Inter-American Tropical Tuna 
        Commission.
  (b) Other research.--
          (1) In general.--In addition to conducting the 
        research described in subsection (a), the Secretary 
        shall, in consultation with the Marine Mammal 
        Commission and in cooperation with the nations 
        participating in the International Dolphin Conservation 
        Program and the Inter-American Tropical Tuna 
        Commission, undertake or support appropriate scientific 
        research to further the goals of the International 
        Dolphin Conservation Program.
          (2) Specific areas of research.--Research carried out 
        under paragraph (1) may include--
                  (A) projects to devise cost-effective fishing 
                methods and gear so as to reduce, with the goal 
                of eliminating, the incidental mortality and 
                serious injury of marine mammals in connection 
                with commercial purse seine fishing in the 
                eastern tropical Pacific Ocean;
                  (B) projects to develop cost-effective 
                methods of fishing for mature yellowfin tuna 
                without setting nets on dolphins or other 
                marine mammals;
                  (C) projects to carry out stock assessments 
                for those marine mammal species and marine 
                mammal stocks taken in the purse seine fishery 
                for yellowfin tuna in the eastern tropical 
                Pacific Ocean, including species or stocks not 
                within waters under the jurisdiction of the 
                United States; and
                  (D) projects to determine the extent to which 
                the incidental take of nontarget species, 
                including juvenile tuna, occurs in the course 
                of purse seine fishing for yellowfin tuna in 
                the eastern tropical Pacific Ocean, the 
                geographic location of the incidental take, and 
                the impact of that incidental take on tuna 
                stocks and nontarget species.
  (c) Authorization of appropriations.--
          (1) There are authorized to be appropriated to the 
        Secretary the following amounts, to be used by the 
        Secretary to carry out the research described in 
        subsection (a):
                  (A) $4,000,000 for fiscal year 1998.
                  (B) $3,000,000 for fiscal year 1999.
                  (C) $4,000,000 for fiscal year 2000.
                  (D) $1,000,000 for fiscal year 2001.
                  (E) $1,000,000 for each of fiscal years 2009 
                through 2013.
          (2) In addition to the amount authorized to be 
        appropriated under paragraph (1), there are authorized 
        to be appropriated to the Secretary for carrying out 
        this section $3,000,000 for each of the fiscal years 
        1998, 1999, 2000, and 2001.

              HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT

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

                           [16 U.S.C. 1826a]

  (a) Denial of port privileges.--
          (1) Publication of list.--Not later than 30 days 
        after the date of enactment of this Act and 
        periodically thereafter, the Secretary of Commerce, in 
        consultation with the Secretary of State, shall publish 
        a list of nations whose nationals or vessels conduct 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation.
          [(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); and
                  [(B) deny entry of that vessel to any place 
                in the United States and to the navigable 
                waters of the United States.]
          (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 60105 of title 46, United States 
                Code, for--
                          (i) any large-scale driftnet fishing 
                        vessel that is documented under the law 
                        of the United States or of a nation 
                        included on a list published under 
                        paragraph (1); or
                          (ii) any fishing vessel of a nation 
                        that receives 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) or 
                        1826k(c)); 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 purpose of 
                inspecting the vessel, conducting an 
                investigation, or taking other appropriate 
                enforcement action.
          (3) Notification of nation.--Before the publication 
        of a list of nations under paragraph (1), the Secretary 
        of State shall notify each nation included on that list 
        regarding--
                  (A) the effect of that publication on port 
                privileges of vessels of that nation under 
                paragraph (1); and
                  (B) any sanctions or requirements, under this 
                Act or any other law, that may be imposed on 
                that nation if nationals or vessels of that 
                nation continue to conduct large-scale driftnet 
                fishing beyond the exclusive economic zone of 
                any nation after December 31, 1992.
  (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
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
                  (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) identify that nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (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]
                          (ii) if the consultations with the 
                        government of a nation under paragraph 
                        (2) are not satisfactorily concluded 
                        within ninety days, shall direct the 
                        Secretary of the Treasury to prohibit 
                        the importation into the United States 
                        of fish and fish products and sport 
                        fishing equipment (as that term is 
                        defined in section 4162 of the Internal 
                        Revenue Code of 1986 (26 U.S.C. 4162)) 
                        from that [nation.] nation; or
                          (iii) upon receipt of notification of 
                        a negative certification under section 
                        609(d)(1) or 610(c)(1) of the High Seas 
                        Driftnet Fishing Moratorium Protection 
                        Act (16 U.S.C. 1826j(d)(1) or 
                        1826k(c)(1)).
                  (B) Implementation of prohibition.--With 
                respect to an import prohibition directed under 
                subparagraph (A), the Secretary of the Treasury 
                shall implement such prohibition not later than 
                the date that is forty-five days after the date 
                on which the Secretary has received the 
                direction from the President.
                  (C) Public notice of prohibition.--Before the 
                effective date of any import prohibition under 
                this paragraph, the Secretary of the Treasury 
                shall provide public notice of the impending 
                prohibition.
          (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 after issuing a 
                negative certification under section 609(d)(1) 
                or 610(c)(1) of the High Seas Driftnet Fishing 
                Moratorium Protection Act (16 U.S.C. 
                1826j(d)(1) or 1826k(c)(1),  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]
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation--
                                  (I) to terminate large-scale 
                                driftnet fishing conducted by 
                                its nationals and vessels 
                                beyond the exclusive economic 
                                zone of any nation;
                                  (II) to address illegal, 
                                unreported, or unregulated 
                                fishing activities for which a 
                                nation has been identified 
                                under section 609 of the High 
                                Seas Driftnet Fishing 
                                Moratorium Protection Act (16 
                                U.S.C. 1826j); or
                                  (III) to address bycatch of a 
                                protected living marine 
                                resource for which a nation has 
                                been identified under section 
                                610 of such Act (16 U.S.C. 
                                1826k); or
                          (ii) that nation has retaliated 
                        against the United States as a result 
                        of that prohibition.
                  (B) Certification.--The Secretary of Commerce 
                shall certify to the President each affirmative 
                determination under subparagraph (A) with 
                respect to a nation.
                  (C) Effect of certification.--Certification 
                by the Secretary of Commerce under subparagraph 
                (B) is deemed to be a certification under 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)), as amended by this 
                Act.

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

                           [16 U.S.C. 1826b]

  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.] such nation has--
          (1) terminated large-scale driftnet fishing by its 
        nationals and vessels beyond the exclusive economic 
        zone of any nation;
          (2) addressed illegal, unreported, or unregulated 
        fishing activities for which a nation has been 
        identified under section 609 of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j); or
          (3) addressed bycatch of a protected living marine 
        resource for which a nation has been identified under 
        section 610 of that Act (16 U.S.C. 1826k).

          HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

SEC. 606. ENFORCEMENT.

                           [16 U.S.C. 1826g]

  (a) Detecting, Monitoring, and Preventing Violations._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.
  (b) Enforcement._This Act shall be enforced under section 101 
of the International Fisheries Stewardship and Enforcement Act.

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

                           [16 U.S.C. 1826h]

  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) 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, including a list of 
        all such fish stocks classified as overfished, 
        overexploited, depleted, endangered, or threatened with 
        extinction by any international or other authority 
        charged with management or conservation of living 
        marine resources;
          (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;
          (3) a description of efforts taken by nations on 
        those lists to comply take appropriate corrective 
        action consistent with sections 609 and 610, and an 
        evaluation of the progress of those efforts, including 
        steps taken by the United States to implement those 
        sections and to improve international compliance;
          (4) progress at the international level, consistent 
        with section 608, to strengthen the efforts of 
        international fishery management organizations to end 
        illegal, unreported, or unregulated fishing; and
          (5) steps taken by the Secretary at the international 
        level to adopt international measures comparable to 
        those of the United States to reduce impacts of fishing 
        and other practices on protected living marine 
        resources, if no international agreement to achieve 
        such goal exists, or if the relevant international 
        fishery or conservation organization has failed to 
        implement effective measures to end or reduce the 
        adverse impacts of fishing practices on such species.

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

                           [16 U.S.C. 1826i]

  (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] organizations, or 
arrangements made pursuant to an international fishery 
agreement (as defined in section 3(24) of the Magnuson-Stevens 
Fishery Conservation and Management Act), in conserving and 
managing fish stocks under their jurisdiction. These actions 
shall include--
          (1) urging international fishery management 
        organizations to which the United States is a member--
                  (A) to incorporate multilateral market-
                related measures against member or nonmember 
                governments whose vessels engage in illegal, 
                unreported, or unregulated fishing;
                  (B) to seek adoption of lists that identify 
                fishing vessels and vessel owners engaged in 
                illegal, unreported, or unregulated fishing 
                that can be shared among all members and other 
                international fishery management organizations;
                  (C) to seek international adoption of a 
                centralized vessel monitoring system in order 
                to monitor and document capacity in fleets of 
                all nations involved in fishing in areas under 
                an international fishery management 
                organization's jurisdiction;
                  (D) to increase use of observers and 
                technologies needed to monitor compliance with 
                conservation and management measures 
                established by the organization, including 
                vessel monitoring systems and automatic 
                identification systems; and
                  (E) to seek adoption of stronger port state 
                controls in all nations, particularly those 
                nations in whose ports vessels engaged in 
                illegal, unreported, or unregulated fishing 
                land or transship fish;
          (2) urging international fishery management 
        organizations to which the United States is a member, 
        as well as all members of those organizations, to adopt 
        and expand the use of market-related measures to combat 
        illegal, unreported, or unregulated fishing, 
        including--
                  (A) import prohibitions, landing 
                restrictions, or other market-based measures 
                needed to enforce compliance with international 
                fishery management organization measures, such 
                as quotas and catch limits;
                  (B) import restrictions or other market-based 
                measures to prevent the trade or importation of 
                fish caught by vessels identified 
                multilaterally as engaging in illegal, 
                unreported, or unregulated fishing; and
                  (C) catch documentation and certification 
                schemes to improve tracking and identification 
                of catch of vessels engaged in illegal, 
                unreported, or unregulated fishing, including 
                advance transmission of catch documents to 
                ports of entry; [and]
          (3) urging other nations at bilateral, regional, and 
        international levels, including the Convention on 
        International Trade in Endangered Species of Fauna and 
        Flora and the World Trade Organization to take all 
        steps necessary, consistent with international law, to 
        adopt measures and policies that will prevent fish or 
        other living marine resources harvested by vessels 
        engaged in illegal, unreported, or unregulated fishing 
        from being traded or imported into their nation or 
        [territories.] territories; and
          (4) urging other nations, through the regional 
        fishery management organizations of which the United 
        States is a member, bilaterally and otherwise to seek 
        and foster the sharing of accurate, relevant, and 
        timely information--
                  (A) to improve the scientific understanding 
                of marine ecosystems;
                  (B) to improve fisheries management 
                decisions;
                  (C) to promote the conservation of protected 
                living marine resources;
                  (D) to combat illegal, unreported, and 
                unregulated fishing; and
                  (E) to improve compliance with conservation 
                and management measures in international 
                waters.
  (b) Information Sharing.--In carrying out this section, the 
Secretary may disclose, as necessary and appropriate, 
information to the Food and Agriculture Organization of the 
United Nations, international fishery management organizations 
(as so defined), or arrangements made pursuant to an 
international fishery agreement, if such organizations or 
arrangements have policies and procedures to safeguard such 
information from unintended or unauthorized disclosure.
  (c) Vessels and Vessel Owners Engaged in Illegal, Unreported, 
or Unregulated Fishing.--The Secretary may--
          (1) develop, maintain, and make public a list of 
        vessels and vessel owners engaged in 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, whether or not the 
        United States is a party to such organization or 
        arrangement;
          (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 and trade 
        agreements; and
          (3) provide notification to the public of vessels and 
        vessel owners identified by international fishery 
        management organizations or arrangements made pursuant 
        to an international fishery agreement as having been 
        engaged in illegal, unreported, or unregulated fishing, 
        as well as any measures adopted by such organizations 
        or arrangements to address illegal, unreported, or 
        unregulated fishing.
  (d) Restrictions on Port Access or Use.--Action taken by the 
Secretary under subsection (c)(2) that includes measures to 
restrict use of or access to ports or port services shall apply 
to all ports of the United States and its territories.
  (e) Regulations.--The Secretary may promulgate regulations to 
implement subsections (c) and (d).

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

                           [16 U.S.C. 1826j]

  [(a) Identification.--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 years, in illegal, unreported, or 
unregulated fishing--
          [(1) 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) where no international fishery management 
        organization exists with a mandate to regulate the 
        fishing activity in question.]
  (a) Identification.--
          (1) In general.--The Secretary shall identify, and 
        list in the report under section 607, a nation if that 
        nation is engaged, or has been engaged at any time 
        during the preceding 3 years, in illegal, unreported, 
        or unregulated fishing and--
                  (A) such fishing undermines the effectiveness 
                of measures required under the relevant 
                international fishery management organization;
                  (B) 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
                  (C) there is no international fishery 
                management organization with a mandate to 
                regulate the fishing activity in question.
          (2) Other identifying activities.--The Secretary 
        shall also identify, and list in the report under 
        section 607, a nation if--
                  (A) it is violating, or has violated at any 
                time during the preceding 3 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, taking into account the factors 
                described in paragraph (1); or
                  (B) it is failing, or has failed at any time 
                during the preceding 3 years, to effectively 
                address or regulate illegal, unreported, or 
                unregulated fishing in areas described in 
                paragraph (1)(C).
          (3) Treatment of certain entities as if they were 
        nations.--Where the provisions of this Act apply to the 
        act, or failure to act, of a nation, they shall also be 
        applicable, as appropriate, to any other entity that is 
        competent to enter into an international fishery 
        management agreement.
  (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.
  (c) Consultation.--No later than 60 days after submitting a 
report to Congress under section 607, the Secretary, acting 
through the Secretary of State, shall--
          (1) notify nations listed in the report of the 
        requirements of this section;
          (2) initiate consultations for the purpose of 
        encouraging such nations to take the appropriate 
        corrective action with respect to the offending 
        activities of their fishing vessels identified in the 
        report; and
          (3) notify any relevant international fishery 
        management organization of the actions taken by the 
        United States under this section.
  (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
                  (B) whether the relevant international 
                fishery management organization has implemented 
                measures that are effective in ending the 
                illegal, unreported, or unregulated fishing 
                activity by vessels of that nation.
          (2) Alternative procedure.--The Secretary may 
        establish a [procedure for certification,] procedure, 
        on a shipment-by-shipment, shipper-by-shipper, or other 
        [basis of fish] basis, for allowing importation of fish 
        or fish products from a vessel of a [harvesting nation 
        not certified under paragraph (1)] nation issued a 
        negative certification under paragraph (1) if the 
        Secretary determines that--
                  (A) the vessel has not engaged in illegal, 
                unreported, or unregulated fishing under an 
                international fishery management agreement to 
                which the United States is a party; or
                  (B) the vessel is not identified by an 
                international fishery management organization 
                as participating in illegal, unreported, or 
                unregulated fishing activities.
          (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
                          (ii) shall not apply to any nation 
                        identified under subsection (a) for 
                        which the Secretary has issued a 
                        positive certification under this 
                        subsection.
                  (B) Exceptions.--Subparagraph (A)(i) does not 
                apply--
                          (i) to the extent that such 
                        provisions would apply to sport fishing 
                        equipment or to fish or fish products 
                        not managed under the applicable 
                        international fishery agreement; or
                          (ii) if there is no applicable 
                        international fishery agreement, to the 
                        extent that such provisions would apply 
                        to fish or fish products caught by 
                        vessels not engaged in illegal, 
                        unreported, or unregulated fishing.
  (e) Illegal, unreported, or unregulated fishing defined.--
          (1) In general.--In this Act the term ``illegal, 
        unreported, or unregulated fishing'' has the meaning 
        established under paragraph (2).
          (2) Secretary to define term within legislative 
        guidelines. Within 3 months after the date of enactment 
        of the Magnuson-Stevens Fishery Conservation and 
        Management Reauthorization Act of 2006, the Secretary 
        shall publish a definition of the term ``illegal, 
        unreported, or unregulated fishing'' for purposes of 
        this Act.
          (3) Guidelines.--The Secretary shall include in the 
        definition, at a minimum--
                  (A) fishing activities that violate 
                conservation and management measures required 
                under an international fishery management 
                agreement to which the United States is a 
                party, including catch limits or quotas, 
                capacity restrictions, and bycatch reduction 
                requirements;
                  (B) overfishing of fish stocks shared by the 
                United States, for which there are no 
                applicable international conservation or 
                management measures or in areas with no 
                applicable international fishery management 
                organization or agreement, that has adverse 
                impacts on such stocks; and
                  (C) fishing activity that has an adverse 
                impact on seamounts, hydrothermal vents, and 
                cold water corals located beyond national 
                jurisdiction, for which there are no applicable 
                conservation or management measures or in areas 
                with no applicable international fishery 
                management organization or agreement.
  (f) Authorization of appropriations.--There are authorized to 
be appropriated to the Secretary for fiscal years 2007 through 
2013 such sums as are necessary to carry out this section.

SEC. 610. EQUIVALENT CONSERVATION MEASURES.

                           [16 U.S.C. 1826k]

  (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] 
        3 years in fishing activities or [practices;] 
        practices--
                  (A) in waters beyond any national 
                jurisdiction that result in bycatch of a 
                protected living marine resource; or
                  (B) beyond the exclusive economic zone of the 
                United States that result in bycatch of a 
                protected living marine resource shared by the 
                United States;
          (2) the relevant international organization for the 
        conservation and protection of such resources or the 
        relevant international or regional fishery organization 
        has failed to implement effective measures to end or 
        reduce such bycatch, or the nation is not a party to, 
        or does not maintain cooperating status with, such 
        organization; and
          (3) the nation has not adopted a regulatory program 
        governing such fishing practices designed to end or 
        reduce such bycatch that is comparable to that of the 
        United States, taking into account different 
        conditions.
  (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;
          (2) initiate discussions as soon as possible with all 
        foreign governments which are engaged in, or which have 
        persons or companies engaged in, fishing activities or 
        practices described in subsection (a), for the purpose 
        of entering into bilateral and multilateral treaties 
        with such countries to protect such species;
          (3) seek agreements calling for international 
        restrictions on fishing activities or practices 
        described in subsection (a) through the United Nations, 
        the Food and Agriculture Organization's Committee on 
        Fisheries, and appropriate international fishery 
        management bodies; and
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of such species to which the United States 
        is a party in order to make such treaty consistent with 
        the purposes and policies of this section.
  (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
                  (B) has established a management plan 
                containing requirements that will assist in 
                gathering species-specific data to support 
                international stock assessments and 
                conservation enforcement efforts for protected 
                living marine resources.
          (2) Procedural requirement.--The procedure 
        established by the Secretary under paragraph (1) shall 
        include notice and opportunity for comment by any such 
        nation.
          (3) Certification.--The Secretary shall certify to 
        the Congress by January 31, 2007, and biennially 
        thereafter whether each such nation has provided the 
        documentary evidence described in paragraph (1)(A) and 
        established a management plan described in paragraph 
        (1)(B).
          (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
                  (B) include the gathering of species specific 
                data that can be used to support international 
                and regional stock assessments and conservation 
                efforts for protected living marine resources.
          (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.
  (d) International cooperation and assistance.--To the 
greatest extent possible consistent with existing authority and 
the availability of funds, the Secretary shall--
          (1) provide appropriate assistance to nations 
        identified by the Secretary under subsection (a) and 
        international organizations of which those nations are 
        members to assist those nations in qualifying for 
        certification under subsection (c);
          (2) undertake, where appropriate, cooperative 
        research activities on species statistics and improved 
        harvesting techniques, with those nations or 
        organizations;
          (3) encourage and facilitate the transfer of 
        appropriate technology to those nations or 
        organizations to assist those nations in qualifying for 
        certification under subsection (c); and
          (4) provide assistance to those nations or 
        organizations in designing and implementing appropriate 
        fish harvesting plans.
  (e) Protected living marine resource defined.--In this 
section the term ``protected living marine resource''--
          (1) means non-target fish, sea turtles, or marine 
        mammals that are protected under United States law or 
        international agreement, including the Marine Mammal 
        Protection Act, the Endangered Species Act, the Shark 
        Finning Prohibition Act, and the Convention on 
        International Trade in Endangered Species of Wild Flora 
        and Fauna; but
          (2) does not include species, except sharks, managed 
        under the Magnuson-Stevens Fishery Conservation and 
        Management Act, the Atlantic Tunas Convention Act, or 
        any international fishery management agreement.
  (f) Authorization of appropriations.--There are authorized to 
be appropriated to the Secretary for fiscal years 2007 through 
2013 such sums as are necessary to carry out this section.

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

SEC. 402. INFORMATION COLLECTION.

                           [16 U.S.C. 1881a]

  (a) Collection programs.--
          (1) Council requests.--If a Council determines that 
        additional information would be beneficial for 
        developing, implementing, or revising a fishery 
        management plan or for determining whether a fishery is 
        in need of management, the Council may request that the 
        Secretary implement an information collection program 
        for the fishery which would provide the types of 
        information specified by the Council. The Secretary 
        shall undertake such an information collection program 
        if he determines that the need is justified, and shall 
        promulgate regulations to implement the program within 
        60 days after such determination is made. If the 
        Secretary determines that the need for an information 
        collection program is not justified, the Secretary 
        shall inform the Council of the reasons for such 
        determination in writing. The determinations of the 
        Secretary under this paragraph regarding a Council 
        request shall be made within a reasonable period of 
        time after receipt of that request.
          (2) Secretarial initiation.--If the Secretary 
        determines that additional information is necessary for 
        developing, implementing, revising, or monitoring a 
        fishery management plan, or for determining whether a 
        fishery is in need of management, the Secretary may, by 
        regulation, implement an information collection or 
        observer program requiring submission of such 
        additional information for the fishery.
  (b) Confidentiality of information.--
          (1) Any information submitted to the Secretary, a 
        State fishery management agency, or a marine fisheries 
        commission by any person in compliance with the 
        requirements of this Act shall be confidential and 
        shall not be disclosed except--
                  (A) to Federal employees and Council 
                employees who are responsible for fishery 
                management plan development, monitoring, or 
                enforcement;
                  (B) to State or Marine Fisheries Commission 
                employees as necessary to further the 
                Department's mission, subject to a 
                confidentiality agreement that prohibits public 
                disclosure of the identity of business of any 
                person;
                  (C) to State employees who are responsible 
                for fishery management plan enforcement, if the 
                States employing those employees have entered 
                into a fishery enforcement agreement with the 
                Secretary and the agreement is in effect;
                  (D) when required by court order;
                  (E) when such information is used by State, 
                Council, or Marine Fisheries Commission 
                employees to verify catch under a limited 
                access program, but only to the extent that 
                such use is consistent with subparagraph (B);
                  (F) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to 
                persons for reasons not otherwise provided for 
                in this subsection, and such release does not 
                violate other requirements of this Act;
                  (G) when such information is required to be 
                submitted to the Secretary for any 
                determination under a limited access program; 
                [or]
                  (H) to the Food and Agriculture Organization 
                of the United Nations, international fishery 
                management organizations, or arrangements made 
                pursuant to an international fishery agreement 
                as provided for in the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 
                1826i(b));
                  (I) to any other Federal or State government 
                agency, foreign government, the Food and 
                Agriculture Organization of the United Nations, 
                or the secretariat or equivalent of an 
                international fisheries management organization 
                or arrangement made pursuant to an 
                international fishery agreement, as provided in 
                section 201(d)(6) of the International 
                Fisheries Stewardship and Enforcement Act; or
                  [(H)] (J) in support of homeland and national 
                security activities, including the Coast 
                Guard's homeland security missions as defined 
                in section 888(a)(2) of the Homeland Security 
                Act of 2002 (6 U.S.C. 468(a)(2)).
          (2) Any observer information shall be confidential 
        and shall not be disclosed, except in accordance with 
        the requirements of subparagraphs (A) through (H) of 
        paragraph (1), or--
                  (A) as authorized by a fishery management 
                plan or regulations under the authority of the 
                North Pacific Council to allow disclosure to 
                the public of weekly summary bycatch 
                information identified by vessel or for haul-
                specific bycatch information without vessel 
                identification;
                  (B) when such information is necessary in 
                proceedings to adjudicate observer 
                certifications; or
                  (C) as authorized by any regulations issued 
                under paragraph (3) allowing the collection of 
                observer information, pursuant to a 
                confidentiality agreement between the 
                observers, observer employers, and the 
                Secretary prohibiting disclosure of the 
                information by the observers or observer 
                employers, in order--
                          (i) to allow the sharing of observer 
                        information among observers and between 
                        observers and observer employers as 
                        necessary to train and prepare 
                        observers for deployments on specific 
                        vessels; or
                          (ii) to validate the accuracy of the 
                        observer information collected.
          (3) The Secretary shall, by regulation, prescribe 
        such procedures as may be necessary to preserve the 
        confidentiality of information submitted in compliance 
        with any requirement or regulation under this Act, 
        except that the Secretary may release or make public 
        any such information in any aggregate or summary form 
        which does not directly or indirectly disclose the 
        identity or business of any person who submits such 
        information. Nothing in this subsection shall be 
        interpreted or construed to prevent the use for 
        conservation and management purposes by the Secretary, 
        or with the approval of the Secretary, the Council, of 
        any information submitted in compliance with any 
        requirement or regulation under this Act or the use, 
        release, or publication of bycatch information pursuant 
        to paragraph (2)(A).
  (c) Restriction on use of certain information.--
          (1) The Secretary shall promulgate regulations to 
        restrict the use, in civil enforcement or criminal 
        proceedings under this Act, the Marine Mammal 
        Protection Act of 1972 (16 U.S.C. 1361 et seq.), and 
        the Endangered Species Act (16 U.S.C. 1531 et seq.), of 
        information collected by voluntary fishery data 
        collectors, including sea samplers, while aboard any 
        vessel for conservation and management purposes if the 
        presence of such a fishery data collector aboard is not 
        required by any of such Acts or regulations thereunder.
          (2) The Secretary may not require the submission of a 
        Federal or State income tax return or statement as a 
        prerequisite for issuance of a permit until such time 
        as the Secretary has promulgated regulations to ensure 
        the confidentiality of information contained in such 
        return or statement, to limit the information submitted 
        to that necessary to achieve a demonstrated 
        conservation and management purpose, and to provide 
        appropriate penalties for violation of such 
        regulations.
  (d) Contracting authority.--Notwithstanding any other 
provision of law, the Secretary may provide a grant, contract, 
or other financial assistance on a sole-source basis to a 
State, Council, or Marine Fisheries Commission for the purpose 
of carrying out information collection or other programs if--
          (1) the recipient of such a grant, contract, or other 
        financial assistance is specified by statute to be, or 
        has customarily been, such State, Council, or Marine 
        Fisheries Commission; or
          (2) the Secretary has entered into a cooperative 
        agreement with such State, Council, or Marine Fisheries 
        Commission.
  (e) Resource assessments.--
          (1) The Secretary may use the private sector to 
        provide vessels, equipment, and services necessary to 
        survey the fishery resources of the United States when 
        the arrangement will yield statistically reliable 
        results.
          (2) The Secretary, in consultation with the 
        appropriate Council and the fishing industry--
                  (A) may structure competitive solicitations 
                under paragraph (1) so as to compensate a 
                contractor for a fishery resources survey by 
                allowing the contractor to retain for sale fish 
                harvested during the survey voyage;
                  (B) in the case of a survey during which the 
                quantity or quality of fish harvested is not 
                expected to be adequately compensatory, may 
                structure those solicitations so as to provide 
                that compensation by permitting the contractor 
                to harvest on a subsequent voyage and retain 
                for sale a portion of the allowable catch of 
                the surveyed fishery; and
                  (C) may permit fish harvested during such 
                survey to count toward a vessel's catch history 
                under a fishery management plan if such survey 
                was conducted in a manner that precluded a 
                vessel's participation in a fishery that 
                counted under the plan for purposes of 
                determining catch history.
          (3) The Secretary shall undertake efforts to expand 
        annual fishery resource assessments in all regions of 
        the Nation.

        ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

SEC. 306. UNLAWFUL ACTIVITIES.

                            [16 U.S.C. 2435]

  It is unlawful for any person--
          (1) to engage in harvesting or other associated 
        activities in violation of the provisions of the 
        Convention or in violation of a conservation measure in 
        force with respect to the United States pursuant to 
        article IX of the Convention;
          (2) to violate any regulation promulgated under this 
        title;
          (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 or inspection] 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 or 
        inspection] search, investigation, or inspection 
        described in paragraph (4);
          (6) to resist a lawful arrest or detention for any 
        act prohibited by this section; [or]
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detention of 
        another person, knowing that such other person has 
        committed any act prohibited by this [section.] 
        section; or
          (8) to make or submit any false record, account, or 
        label for, or any false identification of, any fish or 
        fish product (including false identification of the 
        species, harvesting vessel or nation, or the location 
        where harvested) which has been, or is intended to be 
        imported, exported, transported, sold, offered for 
        sale, purchased, or received in interstate or foreign 
        commerce.

SEC. 307. REGULATIONS.

                            [16 U.S.C. 2436]

  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. Notwithstanding the 
provisions of 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 rule to implement 
conservation measures, described in section 305(a) of this Act, 
that are in effect for 12 months or less, adopted by the 
Commission, and not objected to by the United States within the 
time period allotted under Article IX of the Convention. Upon 
publication in the Federal Register, such conservation measures 
shall be in force with respect to the United States.

[SEC. 308. CIVIL PENALTIES.

                            [16 U.S.C. 2437]

  [(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.

                            [16 U.S.C. 2438]

  [(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. 310. ENFORCEMENT.

                            [16 U.S.C. 2439]

  (a) Responsibility.--The provisions of this title shall be 
enforced by the Secretary of Commerce and the Secretary of the 
department in which the Coast Guard is operating. Such 
Secretaries may utilize by agreement, on a reimbursable basis 
or otherwise, the personnel, services, and facilities of any 
other department or agency of the United States in the 
performance of such duties.
  [(b) Powers of authorized officers and employees.--Any 
officer or employee of the United States who is authorized (by 
the Secretary of Commerce, the Secretary of the department in 
which the Coast Guard is operating, or the head of any 
department or agency of the United States which has entered 
into an agreement with either Secretary under subsection (a)) 
to enforce the provisions of this title and of any regulation 
promulgated under this title may, in enforcing such 
provisions--
          [(1) secure, execute, and serve any order, warrant, 
        subpoena, or other process, which is issued under the 
        authority of the United States;
          [(2) search without warrant any person, place, 
        vehicle or aircraft subject to the jurisdiction of the 
        United States where there are reasonable grounds to 
        believe that a person has committed or is attempting to 
        commit an act prohibited by section 306,
          [(3) with or without a warrant board and search or 
        inspect any vessel of the United States or vessel 
        subject to the jurisdiction of the United States;
          [(4) seize without warrant--
                  [(A) any evidentiary item where there are 
                reasonable grounds to believe that a person has 
                committed or is attempting to commit an act 
                prohibited by section 306,
                  [(B) any Antarctic marine living resources 
                (or part of product thereof) with respect to 
                which such an act is committed,
                  [(C) any vessel of the United States 
                (including its gear, furniture, appurtenances, 
                stores, and cargo), any vessel subject to the 
                jurisdiction of the United States (including 
                its gear, furniture, appurtenances, stores, and 
                cargo), and any vehicle, aircraft, or other 
                means of transportation subject to the 
                jurisdiction of the United States used in 
                connection with such an act, and
                  [(D) any guns, traps, nets, or equipment used 
                in connection with such an act;
          [(5) offer and pay rewards for services or 
        information which may lead to the apprehension of 
        persons violating such provisions;
          [(6) make inquiries, and administer to, or take from, 
        any person an oath, affirmation, or affidavit, 
        concerning any matter which is related to the 
        enforcement of such provisions;
          [(7) in coordination with the Secretary of the 
        Treasury, detain for inspection and inspect any 
        package, crate, or other container, including its 
        contents, and all accompanying documents, upon 
        importation into, or exportation from, the United 
        States;
          [(8) make an arrest with or without a warrant with 
        respect to any act prohibited by paragraph (4), (5), 
        (6), or (7) of section 306 if such officer or employee 
        has reasonable grounds to believe that the person to be 
        arrested is committing such act in his or her presence 
        or view or has committed such act;
          [(9) exercise enforcement powers conferred on such 
        officer or employee under a system of observation and 
        inspection, or interim arrangements pending the 
        establishment of such a system, which the Secretary of 
        State has agreed to on behalf of the United States 
        pursuant to section 305(b); and
          [(10) exercise any other authority which such officer 
        or employee is permitted by law to exercise.
  [(c) Seizure.--Subject to the succeeding provisions of this 
subsection, any property or item seized pursuant to subsection 
(b) shall be held by any officer or employee of the United 
States, who is authorized by the Secretary of Commerce or the 
Secretary of the department in which the Coast Guard is 
operating, pending the disposition of civil or criminal 
proceedings concerning the violation relating to the property 
or item, or the institution of an action in rem for the 
forfeiture of such property or item. Such authorized officer or 
employee may, upon the order of a court of competent 
jurisdiction, either release such seized property or item to 
the wild or destroy such property or item, when the cost of 
maintenance of the property or item pending the disposition of 
the case is greater than the legitimate market value of the 
property or item. Such authorized officer or employee and all 
officers or employees acting by or under his or her direction 
shall be indemnified from any penalties or actions for damages 
for so releasing or destroying such property or item. Such 
authorized officer or employee may, in lieu of holding such 
property or item, permit the owner or consignee thereof to post 
a bond or other satisfactory surety.
  [(d) Forfeiture.--
          [(1) Any Antarctic marine living resource (or part of 
        product thereof) with respect to which an act 
        prohibited by section 306 is committed, any vessel of 
        the United States (including its gear, furniture, 
        appurtenances, stoves, and cargo), vessel subject to 
        the jurisdiction of the United States (including its 
        gear, furniture, appurtenances, stoves, and cargo), or 
        vessel, vehicle, or aircraft or other means of 
        transportation subject to the jurisdiction of the 
        United States, which is used in connection with an act 
        prohibited by section 306, and all guns, traps, nets, 
        and other equipment used in connection with such act, 
        shall be subject to forfeiture to the United States.
          [(2) Upon the forfeiture to the United States of any 
        property or item described in paragraph (1), or upon 
        the abandonment or waiver of any claim to any such 
        property or item, it shall be disposed of by the 
        Secretary of Commerce, or the Secretary of the 
        department in which the Coast Guard is operating, as 
        the case may be, in such a manner, consistent with the 
        purposes of this title, as may be prescribed by 
        regulation.]
  (b) Administration and Enforcement.--This title shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.
  [(e)] (c) Application of Customs Laws.--All provisions of law 
relating to the seizure, forfeiture, and condemnation of 
property (including vessels) for violation of the customs laws, 
the disposition of such property or the proceeds from the sale 
thereof, and the remission or mitigation of such forfeiture, 
shall apply to the seizures and forfeitures incurred, or 
alleged to have been incurred, and the compromise of claims, 
under the provisions of this title, insofar as such provisions 
of law are applicable and not inconsistent with the provisions 
of this title; except that all powers, rights, and duties 
conferred or imposed by the customs laws upon any officer or 
employee of the Customs Service may, for the purposes of this 
title, also be exercised or performed by the Secretary of 
Commerce or the Secretary of the department in which the Coast 
Guard is operating, or by such officers or employees of the 
United States as each Secretary may designate.

                   PACIFIC SALMON TREATY ACT OF 1985

SEC. 8. PROHIBITED ACTS AND PENALTIES.

                            [16 U.S.C. 3637]

  (a) Unlawful Acts.--It is unlawful for any person or vessel 
subject to the jurisdiction of the United States--
           (1) to violate any provision of this title, or of 
        any regulation adopted hereunder, or of any Fraser 
        River Panel regulation approved by the United States 
        under the Treaty;
          (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 or inspection] search, 
        investigation, or inspection in connection with the 
        enforcement of this title;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any [search or inspection] 
        search, investigation, or inspection described in 
        subparagraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (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]
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this [section.] section; or
          (7) for any person to make or submit any false 
        record, account, or label for, or any false 
        identification of, any fish or fish product (including 
        false identification of the species, harvesting vessel 
        or nation, or the location where harvested) which has 
        been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or 
        received in interstate or foreign commerce.
  [(b) Civil penalty.--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) Criminal penalty.--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) Forfeiture.--
          [(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) Enforcement authority.--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) Jurisdiction.--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) Administration and Enforcement.--This Act shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.

SEC. 11. ADMINISTRATIVE MATTERS.

                            [16 U.S.C. 3640]

  (a) Compensation of Commissioners and Alternate 
Commissioners.--Commissioners and Alternate Commissioners who 
are not State or Federal employees shall receive compensation 
at the daily rate of GS-18 of the General Schedule when engaged 
in the actual performance of duties for the United States 
Section or for the Commission.
  (b) Compensation of Panel Members and Alternate Panel 
Members.--Panel Members and Alternate Panel Members who are not 
State or Federal employees shall receive compensation at the 
daily rate of GS-16 of the General Schedule when engaged in the 
actual performance of duties for the United States Section or 
for the Commission.
  (c) Scientific Cooperation Committee.--Members of the 
Committee on Scientific Cooperation who are not State or 
Federal employees shall receive compensation at a rate 
equivalent to the rate payable for level IV of the Executive 
Schedule under section 5315 of title 5, United States Code, 
when engaged in actual performance of duties for the 
Commission.
  [(c)] (d) Travel; Other Expenses.--Travel and other necessary 
expenses shall be paid for all United States Commissioners, 
Alternate Commissioners, Panel Members, Alternate Panel 
Members, members of the Joint Technical Committee, and members 
of the Advisory Committee when engaged in the actual 
performance of duties for the United States Section or for the 
Commission.
  [(d)] (e) Individuals not considered Federal Employees.--
Except for officials of the United States Government, such 
individuals shall not be considered to be Federal employees 
while engaged in the actual performance of duties for the 
United States Section or for the Commission, except for the 
purposes of injury compensation or tort claims liability as 
provided in chapter 81 of title 5, United States Code, and 
chapter 71 of title 28, United States Code.

SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; ADDITIONAL 
                    AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 3645]

  (a) Northern Fund and Southern Fund.--
          (1) As provided in the June 30, 1999, Agreement of 
        the United States and Canada on the Treaty Between the 
        Government of the United States and the Government of 
        Canada Concerning Pacific Salmon, 1985 (hereafter 
        referred to as the ``1999 Pacific Salmon Treaty 
        Agreement'') there are hereby established a Northern 
        Boundary and Transboundary Rivers Restoration and 
        Enhancement Fund (hereafter referred to as the 
        ``Northern Fund'') and a Southern Boundary Restoration 
        and Enhancement Fund (hereafter referred to as the 
        ``Southern Fund'') to be held by the Pacific Salmon 
        Commission. The Northern Fund and Southern Fund shall 
        be invested in interest bearing accounts, bonds, 
        securities, or other investments in order to achieve 
        the highest annual yield consistent with protecting the 
        principal of each Fund. Income from investments made 
        pursuant to this paragraph shall be available until 
        expended, without appropriation or fiscal year 
        limitation, for programs and activities relating to 
        salmon restoration and enhancement, salmon research, 
        the conservation of salmon habitat, and implementation 
        of the Pacific Salmon Treaty and related agreements. 
        Amounts provided by grants under this subsection may be 
        held in interest bearing accounts prior to the 
        disbursement of such funds for program purposes, and 
        any interest earned may be retained for program 
        purposes without further appropriation. The Northern 
        Fund and Southern Fund are subject to the laws 
        governing Federal appropriations and funds and to 
        unrestricted circulars of the Office of Management and 
        Budget. Recipients of amounts from either Fund shall 
        keep separate accounts and such records as are 
        reasonably necessary to disclose the use of the funds 
        as well as to facilitate effective audits.
          (2) Fund management.--
                  (A) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Northern Fund pursuant to paragraph (1) 
                shall be administered by a Northern Fund 
                Committee, which shall be comprised of three 
                representatives of the Government of Canada, 
                and three representatives of the United States. 
                The three United States representatives shall 
                be the United States Commissioner and Alternate 
                Commissioner appointed (or designated) from a 
                list submitted by the Governor of Alaska for 
                appointment to the Pacific Salmon Commission 
                and the Regional Administrator of the National 
                Marine Fisheries Service for the Alaska Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area from Cape Caution, Canada to 
                Cape Suckling, Alaska may be approved for 
                funding by the Northern Fund Committee.
                  (B) As provided in the 1999 Pacific Salmon 
                Treaty Agreement, amounts made available from 
                the Southern Fund pursuant to paragraph (1) 
                shall be administered by a Southern Fund 
                Committee, which shall be comprised of three 
                representatives of Canada and three 
                representatives of the United States. The 
                United States representatives shall be 
                appointed by the Secretary of Commerce: one 
                shall be selected from a list of three 
                qualified individuals submitted by the 
                Governors of the States of Washington and 
                Oregon; one shall be selected from a list of 
                three qualified individuals submitted by the 
                treaty Indian tribes (as defined by the 
                Secretary of Commerce); and one shall be the 
                Regional Administrator of the National Marine 
                Fisheries Service for the Northwest Region. 
                Only programs and activities consistent with 
                the purposes in paragraph (1) which affect the 
                geographic area south of Cape Caution, Canada 
                may be approved for funding by the Southern 
                Fund Committee.
  (b) Pacific Salmon Treaty implementation.--
          (1) None of the funds authorized by this section for 
        implementation of the 1999 Pacific Salmon Treaty 
        Agreement shall be made available until each of the 
        following conditions to the 1999 Pacific Salmon Treaty 
        Agreement has been fulfilled--
                  (A) stipulations are revised and court orders 
                requested as set forth in the letter of 
                understanding of the United States negotiators 
                dated June 22, 1999. If such orders are not 
                requested by December 31, 1999, this condition 
                shall be considered unfulfilled; and
                  (B) a determination is made that--
                          (i) the entry by the United States 
                        into the 1999 Pacific Salmon Treaty 
                        Agreement;
                          (ii) the conduct of the Alaskan 
                        fisheries pursuant to the 1999 Pacific 
                        Salmon Treaty Agreement, without 
                        further clarification or modification 
                        of the management regimes contained 
                        therein; and
                          (iii) the decision by the North 
                        Pacific Fisheries Management Council to 
                        continue to defer its management 
                        authority over salmon to the State of 
                        Alaska are not likely to cause jeopardy 
                        to, or adversely modify designated 
                        critical habitat of, any salmonid 
                        species listed under Public Law 93-205, 
                        as amended, in any fishery subject to 
                        the Pacific Salmon Treaty.
          (2) If the requests for orders in subparagraph (1)(A) 
        are withdrawn after December 31, 1999, or if such 
        orders are not entered by March 1, 2000, amounts in the 
        Northern Fund and the Southern Fund shall be 
        transferred to the general fund of the United States 
        Treasury.
          (3) During the term of the 1999 Pacific Salmon Treaty 
        Agreement, the Secretary of Commerce shall determine 
        whether Southern United States fisheries are likely to 
        cause jeopardy to, or adversely modify designated 
        critical habitat of, any salmonid species listed under 
        Public Law 93-205, as amended, before the Secretary of 
        Commerce may initiate or reinitiate consultation on 
        Alaska fisheries under such Act.
          (4) During the term of the 1999 Pacific Salmon Treaty 
        Agreement, the Secretary of Commerce may not initiate 
        or reinitiate consultation on Alaska fisheries under 
        section 7 of Public Law 93-205, as amended, until--
                  (A) the Pacific Salmon Commission has had a 
                reasonable opportunity to implement the 
                provisions of the 1999 Pacific Salmon Treaty 
                Agreement, including the harvest responses 
                pursuant to Paragraph 9, Chapter 3 of Annex IV 
                to the Pacific Salmon Treaty; and
                  (B) he determines, in consultation with the 
                United States Section of the Pacific Salmon 
                Commission, that implementation actions under 
                the 1999 Agreement will not return escapements 
                as expeditiously as possible to maximum 
                sustainable yield or other biologically-based 
                escapement objectives agreed to by the Pacific 
                Salmon Commission.
          (5) The Secretary of Commerce shall notify the 
        Committee on Commerce, Science, and Transportation of 
        the Senate and the Committee on Resources of the House 
        of Representatives of his intent to initiate or 
        reinitiate consultation on Alaska fisheries.
          (6)(A) For purposes of this section, ``Alaska 
        fisheries'' means all directed Pacific salmon fisheries 
        off the coast of Alaska that are subject to the Pacific 
        Salmon Treaty.
          (B) For purposes of this section, ``Southern United 
        States fisheries'' means all directed Pacific salmon 
        fisheries in Washington, Oregon, and the Snake River 
        basin of Idaho that are subject to the Pacific Salmon 
        Treaty.
  (c) [Omitted]
  (d) Authorization of appropriations.--
          (1) Pacific salmon treaty.--
                  (A) For capitalizing the Northern Fund there 
                is authorized to be appropriated in fiscal 
                years 2000, 2001, 2002, and 2003 a total of 
                $75,000,000.
                  (B) For capitalizing the Southern Fund there 
                is authorized to be appropriated in fiscal 
                years 2000, 2001, 2002, and 2003 a total of 
                $65,000,000.
                  (C) To provide economic adjustment assistance 
                to fishermen pursuant to the 1999 Pacific 
                Salmon Treaty Agreement, there is authorized to 
                be appropriated in fiscal years 2000, 2001, and 
                2002 a total of $30,000,000.
          (2) Pacific coastal salmon recovery.--
                  (A) For salmon habitat restoration, salmon 
                stock enhancement, sustainable salmon 
                fisheries, and salmon research, including the 
                construction of salmon research and related 
                facilities, there is authorized to be 
                appropriated for each of fiscal years 2000, 
                2001, 2002, [and] 2003, 2005, 2006, 2007, 2008, 
                [and 2009,] 2009, 2010, 2011, 2012, and 2013, 
                $90,000,000 to the States of Alaska, 
                Washington, Oregon, Idaho, Nevada, and 
                California. Amounts appropriated pursuant to 
                this subparagraph shall be made available as 
                direct payments. The State of Alaska may 
                allocate a portion of any funds it receives 
                under this subsection to eligible activities 
                outside Alaska.
                  (B) For salmon habitat restoration, salmon 
                stock enhancement, salmon research, and 
                supplementation activities, there is authorized 
                to be appropriated in each of fiscal years 
                2000, 2001, 2002, and 2003, $10,000,000 to be 
                divided between the Pacific Coastal tribes (as 
                defined by the Secretary of Commerce) and the 
                Columbia River tribes (as defined by the 
                Secretary of Commerce).

              NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992

SEC. 810. UNLAWFUL ACTIVITIES.

                            [16 U.S.C. 5009]

  It is unlawful for any person or fishing vessel subject to 
the jurisdiction of the United States--
          (1) to fish for any anadromous fish in the Convention 
        area;
          (2) to retain on board any anadromous fish taken 
        incidentally in a fishery directed at nonanadromous 
        fish in the Convention area;
          (3) to fail to return immediately to the sea any 
        anadromous fish taken incidentally in a fishery 
        directed at nonanadromous fish in the Convention area;
          (4) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any anadromous fish taken or retained in 
        violation of the Convention, this title, or any 
        regulation issued under this title;
          (5) to refuse to permit any enforcement officer to 
        board a fishing vessel subject to such person's control 
        for [purchases] purposes of conducting any [search or 
        inspection] 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 or inspection] search, 
        investigation, or inspection described in paragraph 
        (5);
          (7) to resist a lawful arrest or detection for any 
        act prohibited by this section;
          (8) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of 
        another person, knowing that such person has committed 
        any act prohibited by this section; [or]
          (9) to violate any provision of the Convention, this 
        title, or any regulation issued under this [title.] 
        title; or
          (10) for any person to make or submit any false 
        record, account, or label for, or any false 
        identification of, any fish or fish product (including 
        false identification of the species, harvesting vessel 
        or nation, or the location where harvested) which has 
        been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or 
        received in interstate or foreign commerce.

[SEC. 811. PENALTIES.

                            [16 U.S.C. 5010]

  [(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 and 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. ADMINISTRATION AND ENFORCEMENT.

  This Act shall be enforced under section 101 of the 
International Fisheries Stewardship and Enforcement Act.

                    HIGH SEAS FISHING COMPLIANCE ACT

SEC. 104. PERMITTING.

                            [16 U.S.C 5503]

  (a) In general.--No high seas fishing vessel shall engage in 
harvesting operations on the high seas unless the vessel has on 
board a valid permit issued under this section.
  (b) Eligibility.--
          (1) Any vessel of the United States is eligible to 
        receive a permit under this section, unless the vessel 
        was previously authorized to be used for fishing on the 
        high seas by a foreign nation, and
                  (A) the foreign nation suspended such 
                authorization because the vessel undermined the 
                effectiveness of international conservation and 
                management measures, and the suspension has not 
                expired; or
                  (B) the foreign nation, within the last three 
                years preceding application for a permit under 
                this section, withdrew such authorization 
                because the vessel undermined the effectiveness 
                of international conservation and management 
                measures.
          (2) The restriction in paragraph (1) does not apply 
        if ownership of the vessel has changed since the vessel 
        undermined the effectiveness of international 
        conservation and management measures, and the new owner 
        has provided sufficient evidence to the Secretary 
        demonstrating that the previous owner or operator has 
        no further legal, beneficial or financial interest in, 
        or control of, the vessel.
          (3) The restriction in paragraph (1) does not apply 
        if the Secretary makes a determination that issuing a 
        permit would not subvert the purposes of the Agreement.
          (4) The Secretary may not issue a permit to a vessel 
        unless the Secretary is satisfied that the United 
        States will be able to exercise effectively its 
        responsibilities under the Agreement with respect to 
        that vessel.
  (c) Application.--
          (1) The owner or operator of a high seas fishing 
        vessel may apply for a permit under this section by 
        completing an application form prescribed by the 
        Secretary.
          (2) The application form shall contain--
                  (A) the vessel's name, previous names (if 
                known), official numbers, and port of record;
                  (B) the vessel's previous flags (if any);
                  (C) the vessel's International Radio Call 
                Sign (if any);
                  (D) the names and addresses of the vessel's 
                owners and operators;
                  (E) where and when the vessel was built;
                  (F) the type of vessel;
                  (G) the vessel's length; and
                  (H) any other information the Secretary 
                requires for the purposes of implementing the 
                Agreement.
  (d) Conditions.--The Secretary shall establish such 
conditions and restrictions on each permit issued under this 
section as are necessary and appropriate to carry out the 
obligations of the United States under the Agreement, including 
but not limited to the following:
          (1) The vessel shall be marked in accordance with the 
        FAO Standard Specifications for the Marking and 
        Identification of Fishing Vessels, or with regulations 
        issued under section 305 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1855); and
          (2) The permit holder shall report such information 
        as the Secretary by regulation requires, including area 
        of fishing operations and catch statistics. The 
        Secretary shall promulgate regulations concerning 
        conditions under which information submitted under this 
        paragraph may be released.
  (e) Fees.--
          (1) The Secretary shall by regulation establish the 
        level of fees to be charged for permits issued under 
        this section. The amount of any fee charged for a 
        permit issued under this section shall not exceed the 
        administrative costs incurred in issuing such permits. 
        The permitting fee may be in addition to any fee 
        required under any regional permitting regime 
        applicable to high seas fishing vessels.
          (2) The fees authorized by paragraph (1) shall be 
        collected and credited to the Operations, Research and 
        Facilities account of the National Oceanic and 
        Atmospheric Administration. Fees collected under this 
        subsection shall be available for the necessary 
        expenses of the National Oceanic and Atmospheric 
        Administration in implementing this Act, and shall 
        remain available until expended.
  [(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 is void 
if--
          (1) 1 or more permits or authorizations required for 
        a vessel to fish, in addition to a permit issued under 
        this section, expire, are revoked, or are suspended; or
          (2) the vessel is no longer eligible for United 
        States documentation, such documentation is revoked or 
        denied, or the vessel is deleted from such 
        documentation.

          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

[SEC. 207. PROHIBITED ACTS AND PENALTIES.]

                            [16 U.S.C. 5606]

SEC. 207. PROHIBITED ACTS AND ENFORCEMENT.

  (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
          (1) to violate any regulation issued under this title 
        or any measure that is legally binding on the United 
        States under the Convention;
          (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 or inspection] 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 or 
        inspection] search, investigation, or inspection 
        described in paragraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (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 section; [or]
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that the other person has committed an act 
        prohibited by this [section.] section; or
          (7) to make or submit any false record, account, or 
        label for, or any false identification of, any fish or 
        fish product (including false identification of the 
        species, harvesting vessel or nation, or the location 
        where harvested) which has been, or is intended to be 
        imported, exported, transported, sold, offered for 
        sale, purchased, or received in interstate or foreign 
        commerce.
  [(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) Administration and Enforcement.--This title shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.

  WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS.

                            [16 U.S.C. 6902]

  (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] Management 
Council, and one of whom whall be the chairman or 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.
  (b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to 
time and for periods of time deemed appropriate Alternate 
United States Commissioners to the Commission. Any Alternate 
United States Commissioner may exercise at any meeting of the 
Commission, Council, any Panel, or the advisory committee 
established pursuant to subsection (d), all powers and duties 
of a United States Commissioner in the absence of any 
Commissioner appointed pursuant to subsection (a) of this 
section for whatever reason. The number of such Alternate 
United States Commissioners that may be designated for any such 
meeting shall be limited to the number of United States 
Commissioners appointed pursuant to subsection (a) of this 
section who will not be present at such meeting.
  (c) Administrative matters.--
          [(1) Employment status.--Individuals serving as 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.]
          (1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the 
        United States Government, shall not be considered 
        Federal employees except for the purposes of injury 
        compensation or tort claims liability as provided in 
        chapter 81 of title 5, United States Code, and chapter 
        171 of title 28, United States Code.
          (2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the 
        United States while so serving, shall receive no 
        compensation for their services as such Commissioners 
        or Alternate Commissioners.
          (3) Travel expenses.--
                  (A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners and Alternate United States 
                Commissioners in accordance with the Federal 
                Travel Regulations and sections 5701, 5702, 
                5704 through 5708, and 5731 of title 5, United 
                States Code.
                  (B) The Secretary may reimburse the Secretary 
                of State for amounts expended by the Secretary 
                of State under this subsection.
  (d) Advisory committees.--
          (1) Establishment of permanent advisory committee.--
                  (A) Membership.--There is established an 
                advisory committee which shall be composed of--
                          (i) not less than 15 nor more than 20 
                        individuals appointed by the Secretary 
                        of Commerce in consultation with the 
                        United States Commissioners, who shall 
                        select such individuals from the 
                        various groups concerned with the 
                        fisheries covered by the WCPFC 
                        Convention, providing, to the maximum 
                        extent practicable, an equitable 
                        balance among such groups;
                          (ii) the chair of the Western Pacific 
                        Fishery Management Council's Advisory 
                        Committee or the chair's designee; and
                          (iii) officials of the fisheries 
                        management authorities of American 
                        Samoa, Guam, and the Northern Mariana 
                        Islands (or their designees).
                  (B) Terms and privileges.--Each member of the 
                advisory committee appointed under subparagraph 
                (A) shall serve for a term of 2 years and shall 
                be eligible for reappointment. The advisory 
                committee shall be invited to attend all non-
                executive meetings of the United States 
                Commissioners and at such meetings shall be 
                given opportunity to examine and to be heard on 
                all proposed programs of investigation, 
                reports, recommendations, and regulations of 
                the Commission.
                  (C) Procedures.--The advisory committee 
                established by subparagraph (A) shall determine 
                its organization, and prescribe its practices 
                and procedures for carrying out its functions 
                under this chapter, the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 
                U.S.C. 1801 et seq.), and the WCPFC Convention. 
                The advisory committee shall publish and make 
                available to the public a statement of its 
                organization, practices, and procedures. A 
                majority of the members of the advisory 
                committee shall constitute a quorum. Meetings 
                of the advisory committee, except when in 
                executive session, shall be open to the public, 
                and prior notice of meetings shall be made 
                public in a timely fashion. and the advisory 
                committee shall not be subject to the Federal 
                Advisory Committee Act (5 U.S.C. App.).
                  (D) Provision of information.--The Secretary 
                and the Secretary of State shall furnish the 
                advisory committee with relevant information 
                concerning fisheries and international fishery 
                agreements.
          (2) Administrative matters.--
                  (A) Support services.--the Secretary shall 
                provide to advisory committees in a timely 
                manner such administrative and technical 
                support services as are necessary for their 
                effective functioning.
                  (B) Compensation; status; expenses.--
                Individuals appointed to serve as a member of 
                an advisory committee--
                          (i) shall serve without pay, but 
                        while away from their homes or regular 
                        places of business in the performance 
                        of services for the advisory committee 
                        shall be allowed travel expenses, 
                        including per diem in lieu of 
                        subsistence, in the same manner as 
                        persons employed intermittently in the 
                        Government service are allowed expenses 
                        under section 5703 of title 5, United 
                        States Code; and
                          [(ii) shall 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 except for the purposes of 
                        injury compensation or tort claims 
                        liability as provided in chapter 81 of 
                        title 5, United States Code, and 
                        chapter 171 of title 28, United States 
                        Code.
  (f) Memorandum of understanding.--For highly migratory 
species in the Pacific, the Secretary, in coordination with the 
Secretary of State, shall develop a memorandum of understanding 
with the Western Pacific, Pacific, and North Pacific Fishery 
Management Councils, that clarifies the role of the relevant 
Council or Councils with respect to--
          (1) participation in United States delegations to 
        international fishery organizations in the Pacific 
        Ocean, including government-to-government 
        consultations;
          (2) providing formal recommendations to the Secretary 
        and the Secretary of State regarding necessary measures 
        for both domestic and foreign vessels fishing for these 
        species;
          (3) coordinating positions with the United States 
        delegation for presentation to the appropriate 
        international fishery organization; and
          (4) recommending those domestic fishing regulations 
        that are consistent with the actions of the 
        international fishery organization, for approval and 
        implementation under the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.)

 MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT REAUTHORIZATION 
                              ACT OF 2006

SEC. 506. ENFORCEMENT.

                            [16 U.S.C. 6905]

  (a) In General.--The Secretary may--
          (1) administer and enforce this title and any 
        regulations issued under this title, except to the 
        extent otherwise provided for in this Act;
          (2) request and utilize on a reimbursed or non-
        reimbursed basis the assistance, services, personnel, 
        equipment, and facilities of other Federal departments 
        and agencies in--
                  (A) the administration and enforcement of 
                this title; and
                  (B) the conduct of scientific, research, and 
                other programs under this title;
          (3) conduct fishing operations and biological 
        experiments for purposes of scientific investigation or 
        other purposes necessary to implement the WCPFC 
        Convention;
          (4) collect, utilize, and disclose such information 
        as may be necessary to implement the WCPFC Convention, 
        subject to sections 552 and 552a of title 5, United 
        States Code, and section 402(b) of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1881a(b));
          (5) if recommended by the United States Commissioners 
        or proposed by a Council with authority over the 
        relevant fishery, assess and collect fees, not to 
        exceed three percent of the ex-vessel value of fish 
        harvested by vessels of the United States in fisheries 
        managed pursuant to this title, to recover the actual 
        costs to the United States of management and 
        enforcement under this title, which shall be deposited 
        as an offsetting collection in, and credited to, the 
        account providing appropriations to carry out the 
        functions of the Secretary under this title; and
          (6) issue permits to owners and operators of United 
        States vessels to fish in the convention area seaward 
        of the United States Exclusive Economic Zone, under 
        such terms and conditions as the Secretary may 
        prescribe, and shall remain valid for a period to be 
        determined by the Secretary.
  (b) Consistency with Other Laws.--The Secretary shall ensure 
the consistency, to the extent practicable, of fishery 
management programs administered under this Act, the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
et seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the 
South Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of 
Public Law 108-219 (16 U.S.C. 1821 note) (relating to Pacific 
albacore tuna), and the Atlantic Tunas Convention Act (16 
U.S.C. 971).
  [(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) Administration and Enforcement.--This title shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.
  (d) Confidentiality.--
          (1) In general.--Any information submitted to the 
        Secretary in compliance with any requirement under this 
        Act shall be confidential and shall not be disclosed, 
        except--
                  (A) to Federal employees who are responsible 
                for administering, implementing, and enforcing 
                this Act;
                  (B) to the Commission, in accordance with 
                requirements in the Convention and decisions of 
                the Commission, and, insofar as possible, in 
                accordance with an agreement with the 
                Commission that prevents public disclosure of 
                the identity or business of any person;
                  (C) to State or Marine Fisheries Commission 
                employees pursuant to an agreement with the 
                Secretary that prevents public disclosure of 
                the identity or business or any person;
                  (D) when required by court order; or
                  (E) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to 
                persons for reasons not otherwise provided for 
                in this subsection, and such release does not 
                violate other requirements of this Act.
          (2) Use of information.--The Secretary shall, by 
        regulation, prescribe such procedures as may be 
        necessary to preserve the confidentiality of 
        information submitted in compliance with any 
        requirement or regulation under this Act, except that 
        the Secretary may release or make public any such 
        information in any aggregate or summary form that does 
        not directly or indirectly disclose the identity or 
        business of any person. Nothing in this subsection 
        shall be interpreted or construed to prevent the use 
        for conservation and management purposes by the 
        Secretary of any information submitted in compliance 
        with any requirement or regulation under this Act.

SEC. 507. PROHIBITED ACTS.

                            [16 U.S.C. 6906]

  (a) In General.--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 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;
          (3) 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 the 
        purposes of conducting any search, investigation, or 
        inspection in connection with the enforcement of this 
        title or any regulation, permit, or the Convention;
          (4) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search, investigations, 
        or inspection in connection with the enforcement of 
        this title or any regulation, permit, or the 
        Convention;
          (5) to resist a lawful arrest for any act prohibited 
        by this title;
          (6) 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 any regulation, permit, or agreement 
        referred to in paragraph (1) or (2);
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any 
        chapter prohibited by this section;
          (8) to knowingly and willfully submit to the 
        Secretary false information (including false 
        information regarding the capacity and extent to which 
        a United States fish processor, on an annual basis, 
        will process a portion of the optimum yield of a 
        fishery that will be harvested by fishery vessels of 
        the United States), regarding any matter that the 
        Secretary is considering in the course of carrying out 
        this title;
          (9) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with 
        any observer on a vessel under this title, or any data 
        collector employed by the National Marine Fisheries 
        Service or under contract to any person to carry out 
        responsibilities under this title;
          (10) to engage in fishing in violation of any 
        regulation adopted pursuant to section 506(a) of this 
        title;
          (11) 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;
          (12) to fail to make, keep, or furnish any catch 
        returns, statistical records, or other reports as are 
        required by regulations adopted pursuant to this title 
        to be made, kept, or furnished;
          (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the 
        United States;
          (14) to import, in violation of any regulation 
        adopted pursuant to section 506(a) of this title, any 
        fish in any form of those species subject to regulation 
        pursuant to a recommendation, resolution, or decision 
        of the Commission, or any tuna in any form not under 
        regulation but under investigation by the Commission, 
        during the period such fish have been denied entry in 
        accordance with the provisions of section 506(a) of 
        this [title.] title; or
          (15) to make or submit any false record, account, or 
        label for, or any false identification of, any fish or 
        fish product (including false identification of the 
        species, harvesting vessel or nation, or the location 
        where harvested) which has been, or is intended to be 
        imported, exported, transported, sold, offered for 
        sale, purchased, or received in interstate or foreign 
        commerce.
  (b) Entry Certification.--In the case of any fish described 
in subsection (a) offered for entry into the United States, the 
Secretary of Commerce shall require proof satisfactory to the 
Secretary that such fish is not ineligible for such entry under 
the terms of section 506(a) of this title.

                      PACIFIC WHITING ACT OF 2006

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

                            [16 U.S.C. 7004]

  (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] no more than 2 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.
          (2) Term of office.--An individual appointed under 
        paragraph (1) shall be appointed for a term of not to 
        exceed 4 years, but shall be eligible for 
        reappointment. An individual appointed to fill a 
        vacancy occurring prior to the expiration of the term 
        of office of that individual's predecessor shall be 
        appointed for the remainder of that term.
  (b) Independent member.--In addition to individuals appointed 
under subsection (a), the Secretary, jointly with the 
Government of Canada, shall appoint 1 independent member to the 
joint technical committee selected from a list of names 
provided by the advisory panel.

SEC. 609. ADMINISTRATIVE MATTERS.

                            [16 U.S.C. 7008]

  [(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.]
  (a) Employment Status.--Individuals appointed under section 
603, 604, 605, or 606 of this title, other than officers or 
employees of the United States Government, shall not be 
considered to be 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.
  (b) Compensation.--
          (1) In general.--Except as provided in paragraph (2), 
        an individual appointed under this title shall receive 
        no compensation for the individual's service as a 
        representative, alternate representative, scientific 
        expert, or advisory panel member under this title.
          (2) Scientific review group.--Notwithstanding 
        paragraph (1), the Secretary may employ and fix the 
        compensation of an individual appointed under section 
        604(a) to serve as a scientific expert on the 
        scientific review group who is not employed by the 
        United States Government, a State government, or an 
        Indian tribal government in accordance with section 
        3109 of title 5, United States Code.
  (c) Travel expenses.--Except as provided in subsection (d), 
the Secretary shall pay the necessary travel expenses of 
individuals appointed under this title in accordance with the 
Federal Travel Regulations and sections 5701, 5702, 5704 
through 5708, and 5731 of title 5, United States Code.
  (d) Joint appointees.--With respect to the 2 independent 
members of the scientific review group and the 2 public 
advisors to the scientific review group jointly appointed under 
section 604(c), and the 1 independent member to the joint 
technical committee jointly appointed under section 605(b), the 
Secretary may pay up to 50 percent of--
          (1) any compensation paid to such individuals; and
          (2) the necessary travel expenses of such 
        individuals.

                                  
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