[House Report 113-685]
[From the U.S. Government Publishing Office]
113th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 113-685
======================================================================
ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2014
_______
December 22, 2014.--Committed to the Committee of the Whole House on
the State of the Union and ordered to be printed
_______
Mr. Hastings of Washington, from the Committee on Natural Resources,
submitted the following
R E P O R T
[To accompany H.R. 69]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 69) to strengthen enforcement mechanisms to stop
illegal, unreported, and unregulated fishing, to amend the Tuna
Conventions Act of 1950 to implement the Antigua Convention,
and for other purposes, having considered the same, report
favorably thereon with an amendment and recommend that the bill
as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal, Unreported, and Unregulated
Fishing Enforcement Act of 2014''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium
Protection Act.
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement
Act.
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992.
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985.
Sec. 105. Amendments to the Western and Central Pacific Fisheries
Convention Implementation Act.
Sec. 106. Amendments to the South Pacific Tuna Act of 1988.
Sec. 107. Amendments to the Antarctic Marine Living Resources
Convention Act.
Sec. 108. Amendments to the Atlantic Tunas Convention Act.
Sec. 109. Amendments to the High Seas Fishing Compliance Act of 1965.
Sec. 110. Amendments to the Dolphin Protection Consumer Information
Act.
Sec. 111. Amendments to the Northern Pacific Halibut Act of 1982.
Sec. 112. Amendments to the Northwest Atlantic Fisheries Convention Act
of 1995.
Sec. 113. Amendment to the Magnuson-Stevens Fishery Conservation and
Management Act.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
Sec. 201. Short title.
Sec. 202. Amendment of the Tuna Conventions Act of 1950.
Sec. 203. Definitions.
Sec. 204. Commissioners; number, appointment, and qualifications.
Sec. 205. General Advisory Committee and Scientific Advisory
Subcommittee.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts.
Sec. 208. Enforcement.
Sec. 209. Reduction of bycatch.
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Duties and authorities of the secretary.
Sec. 305. Authorization or denial of port entry.
Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM
PROTECTION ACT.
(a) Administration and Enforcement.--Section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended
by inserting before the first sentence the following:
``(a) In General.--The Secretary and the Secretary of the department
in which the Coast Guard is operating shall enforce this Act, and the
Acts to which this section applies, in accordance with this section.
Each such Secretary may, by agreement, on a reimbursable basis or
otherwise, utilize the personnel services, equipment (including
aircraft and vessels), and facilities of any other Federal agency, and
of any State agency, in the performance of such duties.
``(b) Acts to Which Section Applies.--This section applies to--
``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631
et seq.);
``(2) the Dolphin Protection Consumer Information Act (16
U.S.C. 1385);
``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et
seq.);
``(4) the North Pacific Anadromous Stocks Act of 1992 (16
U.S.C. 5001 et seq.);
``(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et
seq.);
``(6) the Antarctic Marine Living Resources Convention Act of
1984 (16 U.S.C. 2431 et seq.);
``(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971 et seq.);
``(8) the Northwest Atlantic Fisheries Convention Act of 1995
(16 U.S.C. 5601 et seq.);
``(9) the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6901 et seq.); and
``(10) the North Pacific Halibut Act of 1982 (16 U.S.C. 773a
et seq.).
``(c) Administration and Enforcement.--
``(1) In general.--The Secretary shall prevent any person
from violating this Act, or any Act to which this section
applies, in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though sections 308
through 311 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858 through 1861) were incorporated
into and made a part of and applicable to this Act and each
such Act.
``(2) International cooperation.--The Secretary may, subject
to appropriations and in the course of carrying out the
Secretary's responsibilities under the Acts to which this
section applies, engage in international cooperation to help
other nations combat illegal, unreported, and unregulated
fishing and achieve sustainable fisheries.
``(d) Special Rules.--
``(1) Additional enforcement authority.--In addition to the
powers of officers authorized pursuant to subsection (c), any
officer who is authorized by the Secretary, or the head of any
Federal or State agency that has entered into an agreement with
the Secretary under subsection (a), may enforce the provisions
of any Act to which this section applies, with the same
jurisdiction, powers, and duties as though section 311 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861) were incorporated into and made a part of each
such Act.
``(2) Disclosure of enforcement information.--The Secretary,
subject to the data confidentiality provisions in section 402
of the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1881a), may disclose, as necessary and appropriate,
information, including information collected under joint
authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western
and Central Pacific Fisheries Convention Implementation Act (16
U.S.C. 6901 et seq.) or other statutes implementing
international fishery agreements, to any other Federal or State
government agency, the Food and Agriculture Organization of the
United Nations, the secretariat or equivalent of an
international fishery management organization or arrangement
made pursuant to an international fishery agreement, or a
foreign government, if--
``(A) such government, organization, or arrangement
has policies and procedures to protect such information
from unintended or unauthorized disclosure; and
``(B) such disclosure is necessary--
``(i) to ensure compliance with any law or
regulation enforced or administered by the
Secretary;
``(ii) to administer or enforce any
international fishery agreement to which the
United States is a party;
``(iii) to administer or enforce a binding
conservation measure adopted by any
international organization or arrangement to
which the United States is a party;
``(iv) to assist in any investigative,
judicial, or administrative enforcement
proceeding in the United States; or
``(v) to assist in any law enforcement action
undertaken by a law enforcement agency of a
foreign government, or in relation to a legal
proceeding undertaken by a foreign government
to the extent the enforcement action is
consistent with rules and regulations of a
regional fishery management organization that
the United States is a member of, or the
Secretary has determined that the enforcement
action is consistent with the requirements
under Federal law for enforcement actions with
respect to illegal, unreported, and unregulated
fishing.
``(e) Prohibited Acts.--It is unlawful for any person--
``(1) to violate any provision of this Act or any regulation
or permit issued pursuant to this Act;
``(2) to refuse to permit any officer authorized to enforce
the provisions of this Act to board, search, or inspect a
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, any regulation
promulgated under this Act, or any Act to which this section
applies;
``(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search, investigation, or inspection
described in paragraph (2);
``(4) to resist a lawful arrest for any act prohibited by
this section or any Act to which this section applies;
``(5) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of an other person, knowing
that such person has committed any act prohibited by this
section or any Act to which this section applies; or
``(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with--
``(A) any observer on a vessel under this Act or any
Act to which this section applies; or
``(B) any data collector employed by the National
Marine Fisheries Service or under contract to any
person to carry out responsibilities under this Act or
any Act to which this section applies.
``(f) Civil Penalty.--Any person who commits any act that is unlawful
under subsection (e) shall be liable to the United States for a civil
penalty, and may be subject to a permit sanction, under section 308 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858).
``(g) Criminal Penalty.--Any person who commits an act that is
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is
deemed to be guilty of an offense punishable under section 309(b) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1859(b)).
``(h) Utilization of Federal Agency Assets.--''.
(b) Actions To Improve the Effectiveness of International Fishery
Management Organizations.--Section 608 of such Act (16 U.S.C. 1826i) is
amended by--
(1) inserting before the first sentence the following: ``(a)
In General.--'';
(2) in subsection (a) (as designated by paragraph (1) of this
subsection) in the first sentence, inserting ``, or
arrangements made pursuant to an international fishery
agreement,'' after ``organizations''; and
(3) adding at the end the following new subsections:
``(b) Disclosure of Information.--The Secretary, subject to the data
confidentiality provisions in section 402 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881a), may
disclose, as necessary and appropriate, information, including
information collected under joint authority of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and
the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), the
Western and Central Pacific Fisheries Convention Implementation Act (16
U.S.C. 6901 et seq.), any other statute implementing an international
fishery agreement, to any other Federal or State government agency, the
Food and Agriculture Organization of the United Nations, or the
secretariat or equivalent of an international fishery management
organization or arrangement made pursuant to an international fishery
agreement, if such government, organization, or arrangement,
respectively, has policies and procedures to protect such information
from unintended or unauthorized disclosure.
``(c) IUU Vessel Lists.--The Secretary may--
``(1) develop, maintain, and make public a list of vessels
and vessel owners engaged in illegal, unreported, or
unregulated fishing or fishing-related activities in support of
illegal, unreported, or unregulated fishing, including vessels
or vessel owners identified by an international fishery
management organization or arrangement made pursuant to an
international fishery agreement, that--
``(A) the United States is party to; or
``(B) the United States is not party to, but whose
procedures and criteria in developing and maintaining a
list of such vessels and vessel owners are
substantially similar to such procedures and criteria
adopted pursuant to an international fishery agreement
to which the United States is a party; and
``(2) take appropriate action against listed vessels and
vessel owners, including action against fish, fish parts, or
fish products from such vessels, in accordance with applicable
United States law and consistent with applicable international
law, including principles, rights, and obligations established
in applicable international fishery management agreements and
trade agreements.
``(d) Regulations.--The Secretary may promulgate regulations to
implement this section.''.
(c) Notification Regarding Identification of Nations.--Section 609(b)
of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
``(b) Notification.--The Secretary shall notify the President and
that nation of such an identification.''.
(d) Nations Identified Under Section 610.--Section 610(b)(1) of such
Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
``(1) notify, as soon as possible, the President and nations
that have been identified under subsection (a), and also notify
other nations whose vessels engage in fishing activities or
practices described in subsection (a), about the provisions of
this section and this Act;''.
(e) Effect of Certification Under Section 609.--Section
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by
striking ``that has not been certified by the Secretary under this
subsection, or''.
(f) Effect of Certification Under Section 610.--Section 610(c)(5) of
such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has not
been certified by the Secretary under this subsection, or''.
(g) Identification of Nations.--
(1) Scope of identification for actions of fishing vessels.--
Section 609(a) of such Act (16 U.S.C. 1826j(a)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, based on a cumulative
compilation and analysis of data collected and
provided by international fishery management
organizations and other nations and
organizations,'' after ``shall''; and
(ii) by striking ``2 years'' and inserting
``3 years'';
(B) in paragraph (1), by inserting ``that undermines
the effectiveness of measures required by an
international fishery management organization, taking
into account whether'' after ``(1)''; and
(C) in paragraph (1), by striking ``vessels of''.
(2) Additional grounds for identification.--Section 609(a) of
such Act (16 U.S.C. 1826j(a)) is further amended--
(A) by redesignating paragraphs (1) and (2) in order
as subparagraphs (A) and (B) (and by moving the margins
of such subparagraphs 2 ems to the right);
(B) by inserting before the first sentence the
following:
``(1) Identification for actions of fishing vessels.--''; and
(C) by adding at the end the following:
``(2) Identification for actions of nation.--Taking into
account the factors described under section 609(a)(1), the
Secretary shall also identify, and list in such report, a
nation--
``(A) if it is violating, or has violated at any
point during the preceding three years, conservation
and management measures required under an international
fishery management agreement to which the United States
is a party and the violations undermine the
effectiveness of such measures; or
``(B) if it is failing, or has failed in the
preceding 3-year period, to effectively address or
regulate illegal, unreported, or unregulated fishing in
areas described under paragraph (1)(B).
``(3) Application to other entities.--Where the provisions of
this Act are applicable to nations, they shall also be
applicable, as appropriate, to other entities that have
competency to enter into international fishery management
agreements.''.
(3) Period of fishing practices supporting identification.--
Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is
amended by striking ``calendar year'' and inserting ``three
years''.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce $450,000 for each of fiscal
years 2015 through 2019 to implement the amendments made by subsections
(b) and (g).
(i) Technical Corrections.--
(1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is
amended by striking ``whose vessels'' and inserting ``that''.
(2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is
amended by striking ``of its fishing vessels''.
(3) Section 609(d)(1)(A) of such Act (16 U.S.C.
1826j(d)(1)(A)) is amended by striking ``of its fishing
vessels''.
(4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is
amended--
(A) by striking ``for certification'' and inserting
``to authorize'';
(B) by inserting ``the importation'' after ``or other
basis'';
(C) by striking ``harvesting''; and
(D) by striking ``not certified under paragraph (1)''
and inserting ``issued a negative certification under
paragraph (1)''.
(5) Section 610 of such Act (16 U.S.C. 1826k) is amended as
follows:
(A) In subsection (a)(1), by striking ``practices;''
and inserting ``practices--''.
(B) In subsection (c)(4), by striking all preceding
subparagraph (B) and inserting the following:
``(4) Alternative procedure.--The Secretary may establish a
procedure to authorize, on a shipment-by-shipment, shipper-by-
shipper, or other basis the importation of fish or fish
products from a vessel of a nation issued a negative
certification under paragraph (1) if the Secretary determines
that such imports were harvested by practices that do not
result in bycatch of a protected marine species, or were
harvested by practices that--
``(A) are comparable to those of the United States,
taking into account different conditions; and''.
SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT
ACT.
(a) Negative Certification Effects.--Section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
(1) in subsection (a)(2), by striking ``recognized principles
of'' after ``in accordance with'';
(2) in subsection (a)(2)(A), by inserting ``or, as
appropriate, for fishing vessels of a nation that receives a
negative certification under section 609(d) or section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826)'' after ``(1)'';
(3) in subsection (a)(2)(B), by inserting before the period
the following: ``, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action'';
(4) in subsection (b)(1)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing'' after ``driftnet
fishing'';
(5) in subsection (b)(1)(B) and subsection (b)(2), by
striking ``or illegal, unreported, or unregulated fishing''
after ``driftnet fishing'' each place it appears;
(6) in subsection (b)(3)(A)(i), by inserting ``or a negative
certification under section 609(d) or section 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))'' after ``(1)(A)'';
(7) in subsection (b)(4)(A), by inserting ``or issues a
negative certification under section 609(d) or section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
(8) in subsection (b)(4)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing'' after ``driftnet
fishing''; and
(9) in subsection (b)(4)(A)(i), by inserting ``, or to
address the offending activities for which a nation received a
negative certification under section 609(d) or 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))'' after ``beyond the exclusive economic
zone of any nation''.
(b) Duration of Negative Certification Effects.--Section 102 of such
Act (16 U.S.C. 1826b) is amended by--
(1) striking ``or illegal, unreported, or unregulated
fishing''; and
(2) inserting ``or effectively addressed the offending
activities for which the nation received a negative
certification under 609(d) or 610(c) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(d),
1826k(c))'' before the period at the end.
SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.
(a) Unlawful Activities.--Section 810 of the North Pacific Anadromous
Stocks Act of 1992 (16 U.S.C. 5009) is amended--
(1) in paragraph (5), by inserting ``, investigation,'' after
``search''; and
(2) in paragraph (6), by inserting ``, investigation,'' after
``search''.
(b) Additional Prohibitions and Enforcement.--Section 811 of the
Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is
amended to read as follows:
``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
``For additional prohibitions relating to this Act and enforcement of
this Act, see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).''.
SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.
Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637)
is amended--
(1) in subsection (a)(2)--
(A) by inserting ``, investigation,'' after
``search''; and
(B) by striking ``this title;'' and inserting ``this
Act;'';
(2) in subsection (a)(3)--
(A) by inserting ``, investigation,'' after
``search''; and
(B) by striking ``subparagraph (2);'' and inserting
``paragraph (2);'';
(3) in subsection (a)(5), by striking ``this title; or'' and
inserting ``this Act;''; and
(4) by striking subsections (b) through (f) and inserting the
following:
``(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION IMPLEMENTATION ACT.
The Western and Central Pacific Fisheries Convention Implementation
Act (title V of Public Law 109-479) is amended--
(1) by amending section 506(c) (16 U.S.C. 6905(c)) to read as
follows:
``(c) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''; and
(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking
``suspension, on'' and inserting ``suspension, of''.
SEC. 106. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT OF 1988.
The South Pacific Tuna Act of 1988 is amended--
(1) in section 5(a) (16 U.S.C. 973c(a))--
(A) in paragraph (8), by inserting ``,
investigation,'' after ``search''; and
(B) in paragraph (10), by inserting ``,
investigation,'' after ``search''; and
(2) by striking sections 7 and 8 (16 U.S.C. 973e and 973f)
and inserting the following:
``SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
``For additional prohibitions relating to this Act and enforcement of
this Act, see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).''.
SEC. 107. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES
CONVENTION ACT.
The Antarctic Marine Living Resources Convention Act of 1984 is
amended--
(1) in section 306 (16 U.S.C. 2435)--
(A) in paragraph (3), by striking ``which he knows,
or reasonably should have known, was'';
(B) in paragraph (4), by inserting ``,
investigation,'' after ``search''; and
(C) in paragraph (5), by inserting ``,
investigation,'' after ``search'';
(2) in section 307 (16 U.S.C. 2436)--
(A) by inserting ``(a) In General.--'' before the
first sentence; and
(B) by adding at the end the following:
``(b) Regulations To Implement Conservation Measures.--
``(1) In general.--Notwithstanding subsections (b), (c), and
(d) of section 553 of title 5, United States Code, the
Secretary of Commerce may publish in the Federal Register a
final regulation to implement any conservation measure for
which the Secretary of State notifies the Commission under
section 305(a)(1)--
``(A) that has been in effect for 12 months or less;
``(B) that is adopted by the Commission; and
``(C) with respect to which the Secretary of State
does not notify Commission in accordance with section
305(a)(1) within the time period allotted for
objections under Article IX of the Convention.
``(2) Entering into force.--Upon publication of such
regulation in the Federal Register, such conservation measure
shall enter into force with respect to the United States.'';
and
(3) by striking sections 308 and 309 (16 U.S.C. 2437 and
2438) and inserting the following:
``SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
``For additional prohibitions relating to this Act and enforcement of
this Act, see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).''.
SEC. 108. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.
The Atlantic Tunas Convention Act of 1975 is amended--
(1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
(A) by striking ``(A)'' and inserting ``(i)'';
(B) by striking ``(B)'' and inserting ``(ii)'';
(C) by inserting ``(A)'' after ``(2)''; and
(D) by adding at the end the following:
``(B) Notwithstanding the requirements of subparagraph (A) and
subsections (b) and (c) of section 553 of title 5, United States Code,
the Secretary may issue final regulations to implement Commission
recommendations referred to in paragraph (1) concerning trade
restrictive measures against nations or fishing entities.'';
(2) in section 7 (16 U.S.C. 971e) by striking subsections (e)
and (f) and redesignating subsection (g) as subsection (e);
(3) in section 8 (16 U.S.C. 971f)--
(A) by striking subsections (a) and (c); and
(B) by inserting before subsection (b) the following:
``(a) For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
(4) in section 8(b) by striking ``the enforcement activities
specified in section 8(a) of this Act'' each place it appears
and inserting ``enforcement activities with respect to this Act
that are otherwise authorized by law''; and
(5) by striking section 11 (16 U.S.C. 971j) and redesignating
sections 12 and 13 as sections 11 and 12, respectively.
SEC. 109. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 1965.
Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16
U.S.C. 5503(f)) is amended to read as follows:
``(f) Validity.--A permit issued under this section for a vessel is
void if--
``(1) any other permit or authorization required for the
vessel to fish is expired, revoked, or suspended; or
``(2) the vessel is no longer documented under the laws of
the United States or eligible for such documentation.''.
SEC. 110. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION
ACT.
The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is
amended by amending subsection (e) to read as follows:
``(e) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 111. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.
Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C.
773e) is amended--
(1) in paragraph (a) by redesignating paragraphs (1) through
(6) as subparagraphs (A) through (F);
(2) by redesignating subsections (a) and (b) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1)(B), as so redesignated, by inserting ``,
investigation,'' before ``or inspection'';
(4) in paragraph (1)(C), as so redesignated, by inserting ``,
investigation,'' before ``or inspection'';
(5) in paragraph (1)(E), as so redesignated, by striking
``or'' after the semicolon; and
(6) in paragraph (1)(F), as so redesignated, by striking
``section.'' and inserting ``section; or''.
SEC. 112. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION ACT
OF 1995.
Section 207 of the Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 5606) is amended--
(1) in the section heading, by striking ``and penalties'' and
inserting ``and enforcement'';
(2) in subsection (a)(2), by inserting ``, investigation,''
before ``or inspection'';
(3) in subsection (a)(3), by inserting ``, investigation,''
before ``or inspection''; and
(4) by striking subsections (b) through (f) and inserting the
following:
``(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 113. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before
the semicolon the following: ``or any treaty or in contravention of any
binding conservation measure adopted by an international agreement or
organization to which the United States is a party''.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Antigua Convention Implementing Act
of 2011''.
SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Tuna Conventions Act of
1950 (16 U.S.C. 951 et seq.).
SEC. 203. DEFINITIONS.
Section 2 (16 U.S.C. 951) is amended to read as follows:
``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) Person.--The term `person' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
``(5) United states.--The term `United States' includes all
areas under the sovereignty of the United States.
``(6) United states commissioners.--The term `United States
commissioners' means the individuals appointed in accordance
with section 3(a).''.
SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.
Section 3 (16 U.S.C. 952) is amended to read as follows:
``SEC. 3. COMMISSIONERS.
``(a) Commissioners.--The United States shall be represented on the
Commission by 4 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
United States 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. Not more than 2 United States
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 United States 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 United
States 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 United States 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 Inter-American Tropical Tuna Commission and other
meetings the Secretary of State 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. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
Section 4 (16 U.S.C. 953) is amended--
(1) by striking subsection (a) and inserting the following:
``(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 United States
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 ex-
officio 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 delegation 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
title, 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.'';
(2) by striking so much of subsection (b) as precedes
paragraph (2) and inserting the following:
``(b) Scientific Advisory Subcommittee.--(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.''; and
(3) in subsection (b)(3), by striking ``General Advisory
Subcommittee'' and inserting ``General Advisory Committee''.
SEC. 206. RULEMAKING.
Section 6 (16 U.S.C. 955) is amended to read as follows:
``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 as may be necessary to carry
out the United States international obligations under the Convention
and this Act, 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 as may
be necessary to carry out the United States international obligations
under the Convention and this Act, 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.''.
SEC. 207. PROHIBITED ACTS.
Section 8 (16 U.S.C. 957) is amended--
(1) by striking ``section 6(c) of this Act'' each place it
appears and inserting ``section 6''; and
(2) by adding at the end the following:
``(i) Additional Prohibitions and Enforcement.--For prohibitions
relating to this Act and enforcement of this Act, see section 606 of
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826g).''.
SEC. 208. ENFORCEMENT.
Section 10 (16 U.S.C. 959) is amended to read as follows:
``SEC. 10. ENFORCEMENT.
``For enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 209. REDUCTION OF BYCATCH.
Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and
inserting ``vessels''.
SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.
The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et
seq.) is repealed.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Port State Measures Agreement Act of
2014''.
SEC. 302. PURPOSE.
The purpose of this title is to implement the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
SEC. 303. DEFINITIONS.
As used in this title:
(1) The term ``Agreement'' means the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing, done at the Food and Agriculture
Organization of the United Nations, in Rome, Italy, November
22, 2009, and signed by the United States November 22, 2009.
(2) The term ``IUU fishing'' means any activity set out in
paragraph 3 of the 2001 FAO International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
(3) The term ``listed IUU vessel'' means a vessel that is
included in a list of vessels having engaged in IUU fishing or
fishing-related activities in support of IUU fishing that has
been adopted by a regional fisheries management organization of
which the United States is a member, or a list adopted by a
regional fisheries management organization of which the United
States is not a member if the Secretary determines the criteria
used by that organization to create the IUU list is comparable
to United States criteria for identifying IUU vessels and
activities.
(4) The term ``Magnuson-Stevens Act'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.).
(5) The term ``person'' has the same meaning as that term has
in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
(6) The term ``RFMO'' means a regional fisheries management
organization.
(7) The term ``Secretary'' means the Secretary of Commerce or
his or her designee.
(8) The term ``vessel'' means any vessel, ship of another
type, or boat used for, equipped to be used for, or intended to
be used for, fishing or fishing-related activities, including
container vessels that are carrying fish that have not been
previously landed.
(9) The term ``fish'' means finfish, mollusks, crustaceans,
and all other forms of marine animal and plant life other than
marine mammals and birds.
(10) The term ``fishing''--
(A) except as provided in subparagraph (B), means--
(i) the catching, taking, or harvesting of
fish;
(ii) the attempted catching, taking, or
harvesting of fish;
(iii) any other activity which can reasonably
be expected to result in the catching, taking,
or harvesting of fish; or
(iv) any operations at sea in support of, or
in preparation for, any activity described in
clauses (i) through (iii).
(B) does not include any scientific research activity
that is conducted by a scientific research vessel.
SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Regulations.--The Secretary may, as needed, promulgate such
regulations, in accordance with section 553 of title 5, United States
Code, and consistent with the provisions of this title, as may be
necessary to carry out the purposes of this title to the extent that
such regulations are not already promulgated.
(b) Consultation; Utilization of Existing Reporting Mechanisms.--In
promulgating regulations, procedures, and guidance pursuant to
subsection (a), the Secretary shall consult with the Secretary of State
and the Secretary of the department in which the Coast Guard is
operating. To the maximum extent possible and subject to the data
confidentiality provisions in section 402 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1881a), such
procedures shall utilize existing reporting mechanisms maintained and
operated by the department in which the Coast Guard is operating.
(c) Ports of Entry.--The Secretary, in consultation with the
Secretary of Homeland Security and, when the Coast Guard is not
operating in the Department of Homeland Security, the Secretary of the
department in which the Coast Guard is operating, may designate and
publicize the ports to which vessels may seek entry. No port may be
designated under this section that has not also been designated as a
port of entry for customs reporting purposes pursuant to section 1433
of title 19, United States Code, or that is not specified under an
existing international fisheries agreement.
(d) Notification.--The Secretary shall provide notification of the
denial of port entry or the use of port services for a vessel under
section 305, the withdrawal of the denial of port services for a
vessel, the taking of enforcement action pursuant to section 306 with
respect to a vessel, or the results of any inspection of a vessel
conducted pursuant to this title to the flag nation of the vessel and,
as appropriate, to the nation of which the vessel's master is a
national, relevant coastal nations, RFMOs, the Food and Agriculture
Organization of the United Nations, and other relevant international
organizations.
(e) Confirmation That Fish Were Taken in Accordance With Conservation
and Management Measures.--The Secretary may request confirmation from
the flag state of a vessel that the fish on board a vessel in a port
subject to the jurisdiction of the United States were taken in
accordance with applicable RFMO conservation and management measures.
SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY.
(a) Submission of Information Required Under Agreement.--All foreign
vessels seeking entry to a port subject to the jurisdiction of the
United States must submit to the Secretary of the department in which
the Coast Guard is operating information as required under the
Agreement in advance of its arrival in port.
(b) Decision To Authorize or Deny Port Entry.--The Secretary shall
decide, based on the information submitted under subsection (a),
whether to authorize or deny port entry and shall communicate this
decision to the foreign vessel or to its representative. The Secretary
may deny entry to--
(1) any foreign-listed IUU vessel; or
(2) any foreign vessel the Secretary has reasonable grounds
to believe has engaged in IUU fishing or fishing-related
activities in support of such fishing or has violated the Act.
(c) Denial of Use of Port.--If a foreign vessel is in a port subject
to the jurisdiction of the United States, the Secretary shall deny such
vessel the use of the port for landing, transshipment, packaging and
processing of fish, refueling, resupplying, maintenance and drydocking,
if--
(1) the vessel entered without authorization under subsection
(b);
(2) the vessel is a listed IUU vessel;
(3) the flag nation of the vessel has failed to provide
confirmation requested by the Secretary that the fish on board
were taken in accordance with applicable RFMO conservation and
management measures; or
(4) the Secretary has reasonable grounds to believe--
(A) the vessel lacks valid authorizations to engage
in fishing or fishing-related activities as required by
its flag nation or the relevant coastal nation;
(B) the fish on board were taken in violation of
foreign law or in contravention of any RFMO
conservation and management measure; or
(C) the vessel has engaged in IUU fishing or fishing-
related activities in support of such fishing,
including in support of a listed IUU vessel, unless it
can establish that--
(i) it was acting in a manner consistent with
applicable RFMO conservation and management
measures; or
(ii) in the case of the provision of
personnel, fuel, gear, and other supplies at
sea, the vessel provisioned was not, at the
time of provisioning, a listed IUU vessel.
(d) Exceptions.--Notwithstanding subsections (b) and (c), the
Secretary may allow port entry or the use of port services--
(1) if they are essential to the safety or health of the crew
or safety of the vessel;
(2) to allow, where appropriate, for the scrapping of the
vessel; or
(3) pursuant to an inspection or other enforcement action.
SEC. 306. INSPECTIONS.
The Secretary, and the Secretary of the department in which the Coast
Guard is operating, shall conduct foreign vessel inspections in ports
subject to the jurisdiction of the United States as necessary to
achieve the purposes of the Agreement and this title. If, following an
inspection, the Secretary has reasonable grounds to believe that a
foreign vessel has engaged in IUU fishing or fishing-related activities
in support of such fishing, the Secretary may take enforcement action
under this title or other applicable law, and shall deny the vessel the
use of port services, in accordance with section 305.
SEC. 307. PROHIBITED ACTS.
It is unlawful for any person subject to the jurisdiction of the
United States--
(1) to violate any provision of this title or the regulations
issued under this title;
(2) to refuse to permit any authorized officer to board,
search, or inspect a vessel that is subject to the person's
control in connection with the enforcement of this title or the
regulations issued under this title;
(3) to submit false information pursuant to any requirement
under this title or the regulations issued under this title; or
(4) to commit any offense enumerated in paragraph (4), (5),
(7) or (9) of section 707(a) of the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6906(a)).
SEC. 308. ENFORCEMENT.
(a) Existing Authorities and Responsibilities.--The authorities and
responsibilities under subsections (a), (b), and (c) of section 311 and
section 308(f) of the Magnuson-Stevens Act (16 U.S.C. 1861, 1858(f))
shall apply with respect to enforcement of this title.
(b) Civil Enforcement.--
(1) Civil administrative penalties.--
(A) In general.--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 under
section 307 shall be liable to the United States for a
civil penalty. The amount of the civil penalty shall be
consistent with the amount under section 308(a) of the
Magnuson-Stevens Act (16 U.S.C. 1858(a)).
(B) Compromise or other action by secretary.--The
Secretary shall have the same authority as provided in
section 308(e) of the Magnuson-Stevens Act (16 U.S.C.
1858(e)) with respect to a violation of this Act.
(2) In rem jurisdiction.--For purposes of this title, the
conditions for in rem liability shall be consistent with
section 308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)).
(3) Action upon failure to pay assessment.--If any person
fails to pay an assessment of a civil penalty under this title
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, 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.
(c) Forfeiture.--
(1) In general.--The forfeiture provisions of section 310 of
the Magnuson-Stevens Act (16 U.S.C. 1860) shall apply in cases
in which a person is convicted of an offense in violation of
section 309.
(2) Application of the customs laws.--All provisions of law
relating to seizure, summary judgment, and judicial forfeiture
and condemnation for violation of the customs laws, the
disposition of the property forfeited or condemned or the
proceeds from the sale thereof, the remission or mitigation of
such forfeitures, and the compromise of claims shall apply to
seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this title, insofar as
applicable and not inconsistent with the provisions hereof. For
seizures and forfeitures of property under this section by the
Secretary, such duties as are imposed upon the customs officer
or any other person with respect to the seizure and forfeiture
of property under the customs law may be performed by such
officers as are designated by the Secretary or, upon request of
the Secretary, by any other agency that has authority to manage
and dispose of seized property.
(3) Presumption.--For the purposes of this section there is a
rebuttable presumption that all fish, or components thereof,
found on board a vessel that is used or seized in connection
with a violation of this title (including any regulation
promulgated under this Act) were taken, obtained, or retained
as a result of IUU fishing or fishing-related activities in
support of IUU fishing.
(d) Criminal Enforcement.--Any person (other than a foreign
government agency, or entity wholly owned by a foreign government) who
knowingly commits an act prohibited by section 309 shall be subject to
subsections (b) and (c) of section 309 of the Magnuson-Stevens Act (16
U.S.C. 1859).
(e) Payment of Storage, Care, and Other Costs.--Any person assessed a
civil penalty for, or convicted of, any violation of this title
(including any regulation promulgated under this title) and any
claimant in a forfeiture action brought for such a violation, shall be
liable for the reasonable costs incurred by the Secretary in storage,
care, and maintenance of any property seized in connection with the
violation.
SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE.
(a) Assistance to Developing Nations and International
Organizations.--Consistent with existing authority and the availability
of funds, the Secretary shall provide appropriate assistance to
developing nations and international organizations of which such
nations are members to assist those nations in meeting their
obligations under the Agreement.
(b) Personnel, Services, Equipment, and Facilities.--In carrying out
subsection (a), the Secretary may, by agreement, on a reimbursable or
nonreimbursable basis, utilize the personnel, services, equipment, and
facilities of any Federal, State, local, or foreign government or any
entity of any such government.
SEC. 310. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this title shall be construed to displace
any requirements imposed by the customs laws of the United States or
any other laws or regulations enforced or administered by the Secretary
of Homeland Security. Where more stringent requirements regarding port
entry or access to port services exist under other Federal law, those
more stringent requirements shall apply. Nothing in this title shall
affect a vessel's entry into port, in accordance with international
law, for reasons of force majeure or distress.
(b) United States Obligations Under International Law.--This title
shall be interpreted and applied in accordance with United States
obligations under international law.
Purpose of the Bill
The purpose of H.R. 69 is to strengthen enforcement
mechanisms to stop illegal, unreported, and unregulated
fishing, and to amend the Tuna Conventions Act of 1950 to
implement the Antigua Convention.
Background and Need for Legislation
Illegal, Unregulated and Unreported (IUU) fishing, also
often referred to as ``pirate'' fishing, has been identified as
a threat to sustainable fisheries worldwide, and the sale of
illegally-caught fish undermines markets for legally-caught
fish. As an example of the effects of IUU fishing on U.S.
fishermen, it is estimated that 98 million pounds of IUU crab
entered the global seafood market in 2011 with estimates of
over $500 million in economic losses to U.S. crab fishermen
since 2000. This level of economic impact due to IUU fishing is
not unique to the U.S. or to the crab fishery. In fact,
according to testimony heard by the Committee, ``Experts
estimate global economic losses from IUU fishing range between
$10 and $23.5 billion.''
The United Nation's Food and Agriculture Organization
estimates that fish and fishery products are among the most
traded food commodities worldwide, and in 2010 the United
States was the largest importer of fish and fishery products
(followed by Japan, Spain, China, and France). Recent estimates
show that the U.S. imports more than 90 percent of the seafood
consumed in the U.S., making the U.S. a potential destination
for IUU fish.
In an effort to identify and combat IUU fishing, the
National Oceanic and Atmospheric Administration (NOAA)
published a final rule which defined ``illegal, unreported, and
unregulated fishing'' to mean: ``(1) 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; (2)
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 (3) 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.''
According to NOAA, the seafood industry in the U.S.--
harvesters, seafood processors and dealers, seafood wholesalers
and seafood retailers, taking into account imports and
multiplier effects--generated $129 billion in sales impacts and
$37 billion in income impacts, and supported 1.2 million jobs
in 2011.
Fishing activities within the U.S. Exclusive Economic Zone
(EEZ) are regulated under the Magnuson-Stevens Fishery
Conservation and Management Act (Magnuson-Stevens Act) and
enforcement of this statute ensures that U.S. vessels adhere to
conservation and management measures. While the Magnuson-
Stevens Act allows for limited fishing by foreign vessels there
is currently little or no fishing by foreign vessels in U.S.
waters. In addition, under the Nicholson Act, foreign vessels
are generally prohibited from unloading fish and fish products
in any U.S. port that were harvested or taken onboard a vessel
on the ``high seas.'' This prohibition on the landing of fish
from foreign fishing vessels does not apply to: (1) ports in
the U.S. territories of American Samoa, Guam, and the
Commonwealth of the Northern Mariana Islands; (2) certain
landings in the U.S. Virgin Islands; and (3) landings pursuant
to certain conventions to which the United States is a party.
While foreign vessels are limited in their ability to directly
land IUU fish at U.S. ports, IUU fish and other seafood
products are able to enter the U.S. through other means.
While fishing activities within U.S. waters are regulated
and enforced under the Magnuson-Stevens Act, fishing activities
outside of U.S. waters--especially illegal fishing--can have an
effect on both U.S. fishermen and the U.S. seafood industry.
In addition to domestic fisheries management, the U.S. is a
party to a number of Regional Fishery Management Organizations
(RFMO) which are usually established by a treaty or other
formal international agreement and provide a mechanism through
which nations work together towards the conservation,
management, and development of fisheries through the adoption
of fisheries conservation and management measures that are
binding on their members. In many cases, these RFMOs provide
conservation and management measures which bind member nations
and their fishing vessels while fishing on the high seas and
within the area covered by the treaty or agreement. A number of
these RFMOs have begun creating lists of vessels which are
fishing illegally within the RFMO's region, and these vessels
are then identified as IUU vessels.
IUU fishing is not a new problem for the U.S. and for U.S.
fishermen. In 2006, Congress passed H.R. 5946 which became
Public Law 109-479. The bill, which reauthorized and amended
the Magnuson-Stevens Act, included a number of provisions in
Title IV of the bill to allow the U.S. government to take
unilateral action dealing with IUU fishing.
The provisions in Title IV of the bill authorized the
Secretary of Commerce to promote improved monitoring and
compliance for high seas fisheries or fisheries governed by
international fishery management agreements. These provisions
also amended the High Seas Driftnet Fishing Moratorium
Protection Act to direct the Secretary to report biennially to
Congress on: (1) U.S. awareness of the status of international
living marine resources shared by the United States; (2)
regulatory failures of nations that have been identified as
having engaged in IUU fishing in high seas fisheries; (3)
regulatory failures of nations that have been identified as
having engaged in fishing activities or practices beyond the
EEZ that result in bycatch of a protected living marine
resource; (4) corrective actions taken to end IUU fishing
activities; (5) international progress to strengthen RFMO's
efforts to end IUU fishing; and (6) steps taken for adopting
international measures to reduce the impacts of fishing on
protected living marine resources. The provisions also directed
the Secretary to take certain actions to improve the
effectiveness of RMFOs to stop IUU fishing by other nations in
high seas fisheries.
The Title IV provisions also required the Secretary to
identify nations whose vessels have engaged in IUU fishing
activities or whose fishing vessels have engaged in fishing
activities which resulted in the bycatch of protected living
marine resources. Following the identification, the Secretary
is required to notify offending nations (including the relevant
RFMOs) and to initiate consultations to encourage the nations
to take appropriate corrective action or to enter into
bilateral treaties to end IUU fishing and bycatch of protected
living marine resources.
Under the Title IV provisions, the Secretary of the
Treasury is required, with respect to an offending nation if
consultations do not result in corrective actions being taken
by the nation, to: (1) withhold or revoke the clearance of the
nation's vessels and deny the vessels entry into U.S. navigable
waters or ports; (2) prohibit the import of fish or fish
products or sport fishing gear from such nation; and (3) impose
other economic sanctions if needed.
Finally, this Title directed the Secretary of Commerce, in
cooperation with the Secretary of State, to seek international
action to end overfishing in fisheries that have been
determined to have been overfished or are approaching a
condition of being overfished due to excessive international
fishing, and for which there are no management measures to end
overfishing under an international agreement with the United
States. The Secretary was directed to: (1) develop
recommendations for regulations to address the impact of U.S.
fishing vessels on highly migratory fish stock in the
fisheries; and (2) develop and submit recommendations to the
Secretary of State, and to Congress, for international actions
to end overfishing in such fisheries.
As a result of these requirements, in January 2013, NOAA
released a report to Congress titled ``Improving International
Fisheries Management.'' This was the third report to Congress
under this requirement.
In this report, NOAA identified 10 nations as having been
engaged in IUU fishing based on violations of international
conservation and management measures during 2011 and/or 2012.
The nations identified by the report were Colombia, Ecuador,
Ghana, Italy, Mexico, Panama, the Republic of Korea, Spain,
Tanzania, and Venezuela.
NOAA considered five other nations and fishing entities for
identification as having engaged in IUU fishing during the
reporting period, but consultations indicated corrective
actions had already been taken to address the fishing
activities of concern, or the allegations of IUU fishing
activities were refuted. NOAA identified one nation, Mexico,
for fishing activities involving the bycatch of protected
living marine resources. In addition, the report contains
NOAA's certification decisions for the six nations identified
in the 2011 report and in each case, the nation was found to
have taken appropriate corrective actions and is receiving a
positive certification. (A positive certification means that a
nation has provided documentary evidence that appropriate
corrective action has been taken to address the IUU fishing
activities for which it was identified.)
In the 2011 report to Congress, NOAA had reported that six
nations had been identified as having vessels which
participated in IUU fishing in 2009 and/or 2010. These were
Columbia, Ecuador, Italy, Panama, Portugal, and Venezuela. NOAA
also reported that six nations which had previously been
identified as having vessels participating in IUU fishing had
addressed the concerns raised by the U.S. These nations were
China, France, Italy, Libya, Panama, and Tunisia.
In addition to other measures to combat IUU fishing, the
Agreement on Port State Measures to Prevent, Deter, and
Eliminate Illegal, Unreported and Unregulated Fishing provides
tools for nations to deal with IUU fishing and to prevent IUU-
caught fish from entering markets and competing with legally-
caught fish. The Agreement recognizes that all seafood must
pass through a port to get to market and that nations can
identify both vessels and nations suspected of conducting or
condoning IUU fishing and allows nations to use inspections to
prevent IUU fish from reaching the market.
The Agreement establishes standards for dockside
inspections and requires parties to restrict port entry and
port services to foreign vessels known or suspected of having
been involved in IUU fishing, particularly those on a RFMO IUU
fishing vessel list. These standards would increase the risks
and costs associated with IUU fishing activities and help to
ensure that IUU fish and fish products do not enter into global
trade. Implementation of the Port States Agreement will
ultimately benefit U.S. fishermen, seafood buyers, and
consumers by preventing IUU vessels from entering our ports and
diluting the market with illegally-caught seafood product.
The Port States Agreement established several obligations
that nations are required to apply to foreign flagged fishing
vessels seeking entry to that nation's port. Under the
Agreement, parties are required to: (1) designate ports to
which foreign flagged vessels may seek entry and to establish a
process for granting or denying port entry and/or the use of
port services to foreign flagged fishing vessels; (2) deny port
entry and the use of port services to vessels that have been
engaged in IUU fishing, including as indicated by inclusion of
the vessel on an RFMO IUU vessel list; and (3) share
information, including inspection results, with the flag
nations and, as appropriate, other relevant parties and
entities. H.R. 69, as amended, recognizes those obligations but
clarifies that the information shared with other appropriate
entities follows the confidentiality standards of the Magnuson-
Stevens Act.
The United States signed the Port States Agreement on
November 22, 2009. The President transmitted the Agreement to
the Senate on November 14, 2011, and the Senate provided advice
and consent on April 3, 2014.
A hearing on H.R. 69 and an unnumbered discussion draft of
legislation to implement the Agreement on Port State Measures
to Prevent, Deter, and Eliminate Illegal, Unreported and
Unregulated Fishing was held on April 3, 2014. Testimony was
heard from the Department of State, the Department of Commerce,
and three individuals (two representing the fishing industry).
Committee Action
H.R. 69 was introduced on January 3, 2013, by Delegate
Madeleine Bordallo (D-GU). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Fisheries, Wildlife, Oceans and Insular
Affairs. On April 3, 2014, the Subcommittee held a hearing on
the bill. On September 18, 2014, the Full Natural Resources
Committee met to consider the bill. The Subcommittee on
Fisheries, Wildlife, Oceans and Insular Affairs was discharged
by unanimous consent. Delegate Bordallo offered an amendment
designated .002 to the bill; the amendment was adopted by
unanimous consent. No further amendments were offered, and the
bill, as amended, was then adopted and ordered favorably
reported to the House of Representatives by unanimous consent.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
requested but not received a cost estimate for this bill from
the Director of the Congressional Budget Office. The Committee
believes that enactment of this bill will not have a
significant effect on the federal budget.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures.
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to strengthen enforcement mechanisms
to stop illegal, unreported, and unregulated fishing, and to
amend the Tuna Conventions Act of 1950 to implement the Antigua
Convention.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman estimates that this bill
directs the Secretary of Commerce to conduct five rulemakings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Federal Advisory Committee Statement
The functions of the proposed advisory committee authorized
in the bill are not currently being nor could they be performed
by one or more agencies, an advisory committee already in
existence or by enlarging the mandate of an existing advisory
committee.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, existing law in which no change is
proposed is shown in roman):
HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT
* * * * * * *
TITLE VI--DRIFTNET MORATORIUM
* * * * * * *
SEC. 606. ENFORCEMENT.
(a) In General.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall enforce
this Act, and the Acts to which this section applies, in
accordance with this section. Each such Secretary may, by
agreement, on a reimbursable basis or otherwise, utilize the
personnel services, equipment (including aircraft and vessels),
and facilities of any other Federal agency, and of any State
agency, in the performance of such duties.
(b) Acts to Which Section Applies.--This section applies to--
(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C.
3631 et seq.);
(2) the Dolphin Protection Consumer Information Act
(16 U.S.C. 1385);
(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951
et seq.);
(4) the North Pacific Anadromous Stocks Act of 1992
(16 U.S.C. 5001 et seq.);
(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973
et seq.);
(6) the Antarctic Marine Living Resources Convention
Act of 1984 (16 U.S.C. 2431 et seq.);
(7) the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971 et seq.);
(8) the Northwest Atlantic Fisheries Convention Act
of 1995 (16 U.S.C. 5601 et seq.);
(9) the Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6901 et seq.);
and
(10) the North Pacific Halibut Act of 1982 (16 U.S.C.
773a et seq.).
(c) Administration and Enforcement.--
(1) In general.--The Secretary shall prevent any
person from violating this Act, or any Act to which
this section applies, in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though sections 308 through 311 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1858 through 1861) were incorporated
into and made a part of and applicable to this Act and
each such Act.
(2) International cooperation.--The Secretary may,
subject to appropriations and in the course of carrying
out the Secretary's responsibilities under the Acts to
which this section applies, engage in international
cooperation to help other nations combat illegal,
unreported, and unregulated fishing and achieve
sustainable fisheries.
(d) Special Rules.--
(1) Additional enforcement authority.--In addition to
the powers of officers authorized pursuant to
subsection (c), any officer who is authorized by the
Secretary, or the head of any Federal or State agency
that has entered into an agreement with the Secretary
under subsection (a), may enforce the provisions of any
Act to which this section applies, with the same
jurisdiction, powers, and duties as though section 311
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861) were incorporated into
and made a part of each such Act.
(2) Disclosure of enforcement information.--The
Secretary, subject to the data confidentiality
provisions in section 402 of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1881a), may disclose, as necessary and appropriate,
information, including information collected under
joint authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 71 et seq.) or the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6901
et seq.) or other statutes implementing international
fishery agreements, to any other Federal or State
government agency, the Food and Agriculture
Organization of the United Nations, the secretariat or
equivalent of an international fishery management
organization or arrangement made pursuant to an
international fishery agreement, or a foreign
government, if--
(A) such government, organization, or
arrangement has policies and procedures to
protect such information from unintended or
unauthorized disclosure; and
(B) such disclosure is necessary--
(i) to ensure compliance with any law
or regulation enforced or administered
by the Secretary;
(ii) to administer or enforce any
international fishery agreement to
which the United States is a party;
(iii) to administer or enforce a
binding conservation measure adopted by
any international organization or
arrangement to which the United States
is a party;
(iv) to assist in any investigative,
judicial, or administrative enforcement
proceeding in the United States; or
(v) to assist in any law enforcement
action undertaken by a law enforcement
agency of a foreign government, or in
relation to a legal proceeding
undertaken by a foreign government to
the extent the enforcement action is
consistent with rules and regulations
of a regional fishery management
organization that the United States is
a member of, or the Secretary has
determined that the enforcement action
is consistent with the requirements
under Federal law for enforcement
actions with respect to illegal,
unreported, and unregulated fishing.
(e) Prohibited Acts.--It is unlawful for any person--
(1) to violate any provision of this Act or any
regulation or permit issued pursuant to this Act;
(2) to refuse to permit any officer authorized to
enforce the provisions of this Act to board, search, or
inspect a 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, any regulation promulgated under this Act, or
any Act to which this section applies;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search, investigation, or
inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited
by this section or any Act to which this section
applies;
(5) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detection of an
other person, knowing that such person has committed
any act prohibited by this section or any Act to which
this section applies; or
(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with--
(A) any observer on a vessel under this Act
or any Act to which this section applies; or
(B) any data collector employed by the
National Marine Fisheries Service or under
contract to any person to carry out
responsibilities under this Act or any Act to
which this section applies.
(f) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (e) shall be liable to the United
States for a civil penalty, and may be subject to a permit
sanction, under section 308 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858).
(g) Criminal Penalty.--Any person who commits an act that is
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or
(e)(6) is deemed to be guilty of an offense punishable under
section 309(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1859(b)).
(h) Utilization of Federal Agency Assets.-- The President
shall utilize appropriate assets of the Departmen tof 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 highseas for
all fisheries under the jurisdiction of the United States and,
in the case of fisheries not under the jurisdiction of the
United States, to the fullest extent permitted under
international law.
SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
The Secretary, in consultation with the Secretary of State,
shall provide to Congress, by not later than 2 years after the
date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, and every 2 years
thereafter, a report that includes--
(1) * * *
(2) a list of nations [whose vessels] that have been
identified under section 609(a) or 610(a), including
the specific offending activities and any subsequent
actions taken pursuant to section609 or 610;
* * * * * * *
SEC. 608. ACTION TO STRENGTHEN INTERNATIONAL FISHERY MANAGEMENT
ORGANIZATIONS.
(a) In General._The Secretary, in consultation with the
Secretary of State, and in cooperation with relevant fishery
management councils and any relevant advisory committees, shall
take actions to improve the effectiveness of international
fishery management organizations, or arrangements made pursuant
to an international fishery agreement, in conserving and
managing fish stocks under their jurisdiction. These actions
shall include--
(1) * * *
* * * * * * *
(b) Disclosure of Information.--The Secretary, subject to the
data confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a), may disclose, as necessary and appropriate,
information, including information collected under joint
authority of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas
Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and
Central Pacific Fisheries Convention Implementation Act (16
U.S.C. 6901 et seq.), any other statute implementing an
international fishery agreement, to any other Federal or State
government agency, the Food and Agriculture Organization of the
United Nations, or the secretariat or equivalent of an
international fishery management organization or arrangement
made pursuant to an international fishery agreement, if such
government, organization, or arrangement, respectively, has
policies and procedures to protect such information from
unintended or unauthorized disclosure.
(c) IUU Vessel Lists.--The Secretary may--
(1) develop, maintain, and make public a list of
vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing or fishing-related
activities in support of illegal, unreported, or
unregulated fishing, including vessels or vessel owners
identified by an international fishery management
organization or arrangement made pursuant to an
international fishery agreement, that--
(A) the United States is party to; or
(B) the United States is not party to, but
whose procedures and criteria in developing and
maintaining a list of such vessels and vessel
owners are substantially similar to such
procedures and criteria adopted pursuant to an
international fishery agreement to which the
United States is a party; and
(2) take appropriate action against listed vessels
and vessel owners, including action against fish, fish
parts, or fish products from such vessels, in
accordance with applicable United States law and
consistent with applicable international law, including
principles, rights, and obligations established in
applicable international fishery management agreements
and trade agreements.
(d) Regulations.--The Secretary may promulgate regulations to
implement this section.
SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
(a) Identification.--
(1) Identification for actions of fishing vessels._
The Secretary shall, based on a cumulative compilation
and analysis of data collected and provided by
international fishery management organizations and
other nations and organizations, 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] 3
years, in illegal, unreported, or unregulated fishing--
[(1)] (A) that undermines the effectiveness
of measures required by an international
fishery management organization, taking into
account whether the relevant international
fishery management organization has failed to
implement effective measures to end the
illegal, unreported, or unregulated fishing
activity by [vessels of] that nation or the
nation is not a party to, or does not maintain
cooperating status with, such organization; or
[(2)] (B) where no international fishery
management organizationexists with a mandate to
regulate the fishing activityin question.
(2) Identification for actions of nation.--Taking
into account the factors described under section
609(a)(1), the Secretary shall also identify, and list
in such report, a nation--
(A) if it is violating, or has violated at
any point during the preceding three years,
conservation and management measures required
under an international fishery management
agreement to which the United States is a party
and the violations undermine the effectiveness
of such measures; or
(B) if it is failing, or has failed in the
preceding 3-year period, to effectively address
or regulate illegal, unreported, or unregulated
fishing in areas described under paragraph
(1)(B).
(3) Application to other entities.--Where the
provisions of this Act are applicable to nations, they
shall also be applicable, as appropriate, to other
entities that have competency to enter into
international fishery management agreements.
[(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under
section101(b)(1)(A) of the High Seas Driftnet Fisheries
Enforcement Act(16 U.S.C. 1826a(b)(1)(A)), and the Secretary
shall notify the President and that nation of such
identification.]
(b) Notification.--The Secretary shall notify the President
and that nation of such an identification.
* * * * * * *
(d) IUU Certification Procedure.--
(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter
II of chapter5 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
90days after the date on which the Secretary
promulgates a final rule containing the procedure, and
biennially there after 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 thereport; or
* * * * * * *
(2) Alternative procedure.--The Secretary may
establish a procedure [for certification] to authorize,
on a shipment-by-shipment, shipper-by-shipper, or other
basis the importation of fish or fish products from a
vessel of a [harvesting] nation [not certified under
paragraph (1)] issued a negative certification under
paragraph (1) if the Secretary determines that--
(A) * * *
* * * * * * *
(3) Effect of certification.--
(A) In general.--The provisions of section
101(a) and section 101(b)(3) and (4) of this
Act (16 U.S.C. 1826a(a),(b)(3), and (b)(4))--
(i) shall apply to any nation
identified under subsection (a) [that
has not been certified by the Secretary
under this subsection, or] for which
the Secretary has issued a negative
certification under this subsection;
but
* * * * * * *
SEC. 610. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--The Secretary shall identify, and list
in the report under section 607--
(1) a nation if--
(A) fishing vessels of that nation are
engaged, or have been engaged during the
preceding [calendar year] three years in
fishing activities or [practices;] practices--
(i) * * *
* * * * * * *
(2) a nation if--
(A) fishing vessels of that nation are
engaged, or havebeen engaged during the
preceding [calendar year], in fishing
activities or practices in waters beyond any
national jurisdictionthat target or
incidentally catch sharks; and
* * * * * * *
(b) Consultation and Negotiation.--The Secretary, acting
through the Secretary of State, shall--
[(1) notify, as soon as possible, other nations whose
vessels engage in fishing activities or practices
described in subsection(a), about the provisions of
this section and this Act;]
(1) notify, as soon as possible, the President and
nations that have been identified under subsection (a),
and also notify other nations whose vessels engage in
fishing activities or practices described in subsection
(a), about the provisions of this section and this Act;
* * * * * * *
(c) Conservation Certification Procedure.--
(1) * * *
* * * * * * *
[(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 by catch 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
long line fishing, includes mandatory use of
circle hooks, careful handling and release
equipment, and training and observer programs;
and]
(4) Alternative procedure.--The Secretary may
establish a procedure to authorize, on a shipment-by-
shipment, shipper-by-shipper, or other basis the
importation of fish or fish products from a vessel of a
nation issued a negative certification under paragraph
(1) if the Secretary determines that such imports were
harvested by practices that do not result in bycatch of
a protected marine species, or were harvested by
practices that--
(A) are comparable to those of the United
States, taking into account different
conditions; and
* * * * * * *
(5) Effect of certification.--The provisions of
section101(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, buts hall not apply to any nation
identified under subsection (a) for which the Secretary
has issued a positive certification under this
subsection.
* * * * * * *
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HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT
* * * * * * *
TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING
SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-
SCALE DRIFTNET FISHING.
(a) Denial of Port Privileges.--
(1) * * *
(2) Denial of port privileges.--The Secretary of the
Treasury shall, in accordance with [recognized
principles of] international law--
(A) withhold or revoke the clearance required
by section 4197 of the Revised Statutes of the
United States (46 App. U.S.C. 91) for any
large-scale driftnet fishing vessel that is
documented under the laws of the United States
or of a nation included on a list published
under paragraph (1) or, as appropriate, for
fishing vessels of a nation that receives a
negative certification under section 609(d) or
section 610(c) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826); and
(B) deny entry of that vessel to any place in
the United States and to the navigable waters
of the United States, except for the purposes
of inspecting such vessel, conducting an
investigation, or taking other appropriate
enforcement action.
* * * * * * *
(b) Sanctions.--
(1) Identifications.--
(A) Initial identifications.--Not later than
January 10, 1993, the Secretary of Commerce
shall--
(i) identify each nation whose
nationals or vessels are conducting
large-scale driftnet fishing [or
illegal, unreported, or unregulated
fishing] beyond the exclusive economic
zone of any nation; and
* * * * * * *
(B) Additional identifications.--At any time
after January 10, 1993, whenever the Secretary
of Commerce has reason to believe that the
nationals or vessels of any nation are
conducting large-scale driftnet fishing [or
illegal, unreported, or unregulated fishing]
beyond the exclusive economic zone of any
nation, the Secretary of Commerce shall--
(i) * * *
* * * * * * *
(2) Consultations.--Not later than 30 days after a
nation is identified under paragraph (1)(B), the
President shall enter into consultations with the
government of that nation for the purpose of obtaining
an agreement that will effect the immediate termination
of large-scale driftnet fishing [or illegal,
unreported, or unregulated fishing] by the nationals or
vessels of that nation beyond the exclusive economic
zone of any nation.
(3) Prohibition on imports of fish and fish products
and sport fishing equipment.--
(A) Prohibition.--The President--
(i)upon receipt of notification of
the identification of a nation under
paragraph (1)(A) or a negative
certification under section 609(d) or
section 610(c) of the High Seas
Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(d), 1826k(c)); or
* * * * * * *
(4) Additional economic sanctions.--
(A) Determination of effectiveness of
sanctions.--Not later than six months after the
date the Secretary of Commerce identifies a
nation under paragraph (1) or issues a negative
certification under section 609(d) or section
610(c) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(d),
1826k(c)), the Secretary shall determine
whether--
(i) any prohibition established under
paragraph (3) is insufficient to cause
that nation to terminate large-scale
driftnet fishing [or illegal,
unreported, or unregulated fishing]
conducted by its nationals and vessels
beyond the exclusive economic zone of
any nation, or to address the offending
activities for which a nation received
a negative certification under section
609(d) or 610(c) of the High Seas
Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(d), 1826k(c)); or
* * * * * * *
SEC. 102. DURATION OF DENIAL OF PORT PRIVILEGES AND SANCTIONS.
Any denial of port privileges or sanction under section 101
with respect to a nation shall remain in effect until such time
as the Secretary of Commerce certifies to the President and the
Congress that such nation has terminated large-scale driftnet
fishing [or illegal, unreported, or unregulated fishing] by its
nationals and vessels beyond the exclusive economic zone of any
nation or effectively addressed the offending activities for
which the nation received a negative certification under 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d), 1826k(c)).
* * * * * * *
----------
NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992
* * * * * * *
TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION
* * * * * * *
SEC. 810. UNLAWFUL ACTIVITIES.
It is unlawful for any person or fishing vessel subject to
the jurisdiction of the United States--
(1) * * *
* * * * * * *
(5) to refuse to permit any enforcement officer to
board a fishing vessel subject to such person's control
for purposes of conducting any search, investigation,
or inspection in connection with the enforcement of the
Convention, this title, or any regulation issued under
this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any enforcement officer
in the conduct of any search, investigation, or
inspection described in paragraph (5);
* * * * * * *
----------
NORTHERN PACIFIC ANADROMOUS STOCKS ACT OF 1992
[SECTION 811. PENALTIES
[(a) Civil Penalties.--(1) Any person who is found by the
Secretary of Commerce, after notice and opportunity for a
hearing in accordance with section 554 of title 5, 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 of this title 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 or imprisonment
for not more than 6 months, or both; except that if in the
commission of any offense the person uses a dangerous weapon,
engages in conduct that causes bodily injury to any enforcement
officer, or places any such officer in fear of imminent bodily
injury, the offense is a felony punishable by a fine under
title 18, United States Code, or imprisonment for not more than
10 years, or both.
[(c) Forfeiture.--(1) Any fishing vessel (including its
fishing gear, furniture, appurtenances, stores, and cargo)
used, and any fish (or a fair market value thereof) taken or
retained, in any manner, in connection with or as a result of
the commission of any act prohibited by section 810 of this
title 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 chapter 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 chapter,
unless such provisions are inconsistent with the purposes,
policy, and provisions of this chapter.
[(4)(A) Any officer authorized to serve any process in rem
that is issued by a court having jurisdiction under section
809(b) of this title 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 chapter 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 chapter.]
SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT
For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
----------
PACIFIC SALMON TREATY ACT OF 1985
* * * * * * *
SEC. 8. PROHIBITED ACTS AND PENALTIES.
(a) It is unlawful for any person or vessel subject to the
jurisdiction of the United States--
(1) * * *
(2) to refuse to permit any officer authorized to
enforce the provisions of this title to board a fishing
vessel subject to such person's control for purposes of
conducting any search, investigation, or inspection in
connection with the enforcement of [this title;] this
Act;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search, investigation, or
inspection described in [subparagraph (2)] paragraph
(2);
* * * * * * *
(5) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control, or
possession of, any fish taken or retained in violation
of [this title; or] this Act;
* * * * * * *
[(b) Any person who commits any act that is unlawful under
subsection (a) of this section shall be liable to the United
States for a civil penalty as provided by section 308 of the
Magnuson Act (16 U.S.C. 1858).
[(c) Any person who commits an act that is unlawful under
paragraph (2), (3), (4), or (6) of subsection (a) of this
section shall be guilty of an offense punishable as provided by
section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
[(d)(1) Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the commission of an
act which is prohibited under subsection (a) of this section,
and any fish (or the fair market value thereof) taken or
retained, in any manner, in connection with or as a result of
the commission of any act which is prohibited by subsection (a)
of this section, shall be subject to forfeiture as provided by
section 310 of the Magnuson Act (16 U.S.C. 1860).
[(2) Any fish seized pursuant to this title may be disposed
of pursuant to the order of a court of competent jurisdiction
or, if perishable, in a manner prescribed by regulation of the
Secretary.
[(e) The Secretary and the Secretary of the Department in
which the Coast Guard is operating shall enforce the provisions
of this title and shall have the authority provided by
subsections 311 (a), (b)(1), and (c) of the Magnuson Act (16
U.S.C. 1861 (a), (b)(1), and (c)).
[(f) The district courts of the United States shall have
exclusive jurisdiction over any case or controversy arising
under this section and may, at any time--
[(1) enter restraining orders or prohibitions;
[(2) issue warrants, process in rem, or other
process;
[(3) prescribe and accept satisfactory bonds or other
security; and
[(4) take such other actions as are in the interest
of justice.]
(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
----------
WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT
* * * * * * *
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
* * * * * * *
SEC. 506. ENFORCEMENT.
(a) * * *
* * * * * * *
[(c) Actions by the Secretary.--The Secretary shall prevent
any person from violating this title in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857) were incorporated into and made a part of this title. Any
person that violates any provision of this title is subject to
the penalties and entitled to the privileges and immunities
provided in the Magnuson-Stevens Fishery Conservation and
Management Act in the same manner, by the same means, and with
the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated
into and made a part of this title.]
(c) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
SEC. 507. PROHIBITED ACTS.
(a) In General.--It is unlawful for any person--
(1) * * *
(2) to use any fishing vessel to engage in fishing
after the revocation, or during the period of
[suspension, on] suspension, of an applicable permit
issued pursuant to this title;
* * * * * * *
----------
SOUTH PACIFIC TUNA ACT OF 1988
* * * * * * *
SEC. 5. PROHIBITED ACTS.
(a) Except as provided in section 6 of this Act, it is
unlawful for any person subject to the jurisdiction of the
United States--
(1) * * *
* * * * * * *
(8) to refuse to permit any Authorized Officer or
Authorized Party Officer to board a fishing vessel for
purposes of conducting a search, investigation, or
inspection in connection with the enforcement of this
Act or the Treaty;
* * * * * * *
(10) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with--
(A) any Authorized Officer or Authorized
Party Officer in the conduct of a search,
investigation, or inspection in connection with
the enforcement of this Act or the Treaty; or
* * * * * * *
[SEC. 7. CRIMINAL OFFENSES.
[(a) A person is guilty of a criminal offense if he or she
commits any act prohibited by section 5(a) (8), (10), (11), or
(12) of this Act.
[(b) Any offense described in subsection (a) of this section
is punishable by a fine of not more than $50,000, or
imprisonment for not more than 6 months, or both; except that
if in the commission of any such offense the person uses a
dangerous weapon, engages in conduct that causes bodily injury
to any Authorized Officer, Authorized Party Officer, or
observer under the Treaty in the conduct of their duties, or
places any such Authorized Officer, Authorized Party Officer,
or observer in fear of imminent bodily injury, the offense is
punishable by a fine of not more then $100,000 or imprisonment
for not more than 10 years, or both.
[(c) The district courts of the United States shall have
jurisdiction over any offense described in this section.
[SEC. 8. CIVIL PENALTIES.
[(a) Any person who is found by the Secretary, after notice
and an opportunity for a hearing in accordance with section 554
of title 5, United States Code, to have committed an act
prohibited by section 5 of this Act, shall be liable to the
United States Code for a civil penalty. Before issuing a notice
of violation, the Secretary shall consult with the Secretary of
State. The amount of the civil penalty shall be determined in
accordance with considerations set forth in the Treaty and
shall take into account the nature, circumstances, extent, and
gravity of the prohibited acts committed, and with respect to
the violator, the degree of culpability, any history of prior
offenses, ability to pay, and such other matters as justice may
require. Except for those acts prohibited by section 5(a) (4),
(5), (7), (8), (10), (11), and (12), and section 5(b) (1), (2),
(3), and (7) of this Act, the amount of the civil penalty shall
not exceed $250,000 for each violation. Upon written notice,
the Secretary of State shall have the right to participate in
any proceeding initiated to assess a civil penalty for
violation of this Act.
[(b) Any person against whom a civil penalty is assessed
under subsection (a) of this section may obtain review thereof
in the United States district court for the appropriate
district by filing a complaint in such court within 30 days
from the date of the order and by simultaneously serving a copy
of the complaint by certified mail on the Secretary, the
Attorney General of the United States, and the appropriate
United States Attorney. The Secretary shall promptly file in
the court a certified copy of the record upon which the
violation was found or the penalty imposed. The findings and
order of the Secretary shall be set aside or modified by the
court if they are not found to be supported by substantial
evidence, as provided in section 706(2) of title 5, United
States Code.
[(c) Except as provided in subsection (g) of this section, if
any person fails to pay an assessment of a civil penalty after
it has become a final and unappealable order, or after the
appropriate court has entered final judgment in favor of the
Secretary, the Secretary shall refer the matter to the Attorney
General of the United States, who shall recover the amount
assessed in any appropriate district court of the United
States.
[(d) Except as provided in subsection (g) of this section, a
fishing vessel (including its fishing gear, furniture,
appurtenances, stores, and cargo) used in the commission of an
act prohibited by section 5 of this Act shall be liable in rem
for any civil penalty assessed for the violation under section
8 of this Act and may be proceeded against in any district
court of the United States having jurisdiction thereof. The
penalty shall constitute a maritime lien on the vessel which
may be recovered in an action in rem in the district court of
the United States having jurisdiction over the vessel.
[(e) The Secretary, after consultation with the Secretary of
State, may compromise, modify, or remit, with or without
conditions, any civil penalty which is subject to imposition or
which has been imposed under this section.
[(f) For the purposes of conducting any hearing under this
section, the Secretary may issue subpoenas for the attendance
and testimony of witnesses and the production of relevant
papers, books, and documents, and may administer oaths.
Witnesses summoned shall be paid the same fees and mileage that
are paid to witnesses in the courts of the United States. In
case of contempt or refusal to obey a subpoena served upon a
person pursuant to this subsection, the district court of the
United States for any district in which the person is found,
resides, or transacts business, upon application by the United
States and after notice to the person, shall have jurisdiction
to issue an order requiring the person to appear and give
testimony before the Secretary or to appear and produce
documents before the Secretary, or both, and any failure to
obey the order of the court may be punished by the court as a
contempt thereof.
[(g) If a vessel used in a violation of section 5(a)(1), (2),
(3), (4), (5), (6), (7), (8), (9), or (13) or section 5(b) of
this Act for which a civil penalty has been assessed--
[(1) had a valid license under the Treaty at the time
of the violation, and
[(2) within 60 days after the penalty assessment has
become final, leaves and remains outside of the
Licensing Area, all Limited Areas closed to fishing,
and all Closed Areas until the final penalty has been
paid,
there shall be no referral to the Attorney General under
subsection (c) of this section or in rem action under
subsection (d) of this section in connection with such civil
penalty.]
SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
* * * * * * *
----------
ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984
* * * * * * *
TITLE III--ANTARCTIC MARINE LIVING RESOURCES CONVENTION
* * * * * * *
SEC. 306. UNLAWFUL ACTIVITIES.
It is unlawful for any person--
(1) * * *
* * * * * * *
(3) to ship, transport, offer for sale, sell,
purchase, import, export, or have custody, control or
possession of, any Antarctic marine living resource (or
part or product thereof) [which he knows, or reasonably
should have known, was] harvested in violation of a
conservation measure in force with respect to the
United States pursuant to article IX of the Convention
or in violation of any regulation promulgated under
this title, without regard to the citizenship of the
person that harvested, or vessel that was used in the
harvesting of, the Antarctic marine living resource (or
part or product thereof);
(4) to refuse to permit any authorized officer or
employee of the United States to board a vessel of the
United States or a vessel subject to the jurisdiction
of the United States for purposes of conducting any
search, investigation, or inspection in connection with
the enforcement of the Convention, this title, or any
regulations promulgated under this title;
(5) to assault, resist, oppose, impede, intimidate,
or interfere with any authorized officer or employee of
the United States in the conduct of any search,
investigation, or inspection described in paragraph
(4);
* * * * * * *
SEC. 307. REGULATIONS.
(a) In General._The Secretary of Commerce, after
consultation with the Secretary of State, the Secretary of the
department in which the Coast Guard is operating, and the heads
of other appropriate departments or agencies of the United
States, shall promulgate such regulations as are necessary and
appropriate to implement the provisions of this title.
(b) Regulations to Implement Conservation Measures.--
(1) In general.--Notwithstanding subsections (b),
(c), and (d) of section 553 of title 5, United States
Code, the Secretary of Commerce may publish in the
Federal Register a final regulation to implement any
conservation measure for which the Secretary of State
notifies the Commission under section 305(a)(1)--
(A) that has been in effect for 12 months or
less;
(B) that is adopted by the Commission; and
(C) with respect to which the Secretary of
State does not notify Commission in accordance
with section 305(a)(1) within the time period
allotted for objections under Article IX of the
Convention.
(2) Entering into force.--Upon publication of such
regulation in the Federal Register, such conservation
measure shall enter into force with respect to the
United States.
[SEC. 308. CIVIL PENALTIES.
[(a) Assessment of Penalties.--(1) Any person who is found by
the Secretary of Commerce, after notice and opportunity for a
hearing in accordance with subsection (b), to have committed
any act prohibited by section 306 shall be liable to the United
States for a civil penalty. The amount of the civil penalty
shall not exceed $5,000 for each violation unless the
prohibited act was knowingly committed, in which case the
amount of the civil penalty shall not exceed $10,000 for each
violation. Each day of a continuing violation shall constitute
a separate violation for purposes of this subsection. The
amount of any civil penalty shall be assessed by the Secretary
of Commerce by written notice. In determining the amount of
such penalty, the Secretary of Commerce shall take into account
the nature, circumstances, extent, and gravity of the
prohibited acts committed, and, with respect to the person
committing the violation, the degree of culpability, any
history of prior offenses, ability to pay, and such other
matters as justice may require, to the extent that such
information is reasonably available to the Secretary.
[(2) The Secretary of Commerce may compromise, modify, or
remit, with or without conditions, any civil penalty which is
subject to imposition or which has been imposed under this
section, until such time as the matter is referred to the
Attorney General under subsection (c) of this section.
[(b) Hearings.--Hearings for the assessment of civil
penalties under subsection (a) shall be conducted in accordance
with section 554 of title 5, United States Code. For the
purposes of conducting any such hearing, the Secretary of
Commerce may issue subpoenas for the attendance and testimony
of witnesses and the production of relevant papers, books, and
documents, and may administer oaths. Witnesses summoned shall
be paid the same fees and mileage that are paid to witnesses in
the courts of the United States. In case of contumacy or
refusal to obey a subpoena served upon any person pursuant to
this subsection, the district court of the United States for
any district in which such person is found, resides, or
transacts business, upon application by the Attorney General of
the United States and after notice to such person, shall have
jurisdiction to issue an order requiring such person to appear
and give testimony before the Secretary of Commerce or to
appear and produce documents before the Secretary of Commerce,
or both, and any failure to obey such order of the court may be
punished by such court as a contempt thereof.
[(c) Review of Civil Penalty.--Any person against whom a
civil penalty is assessed under subsection (a) of this section
may obtain review thereof in the appropriate district court of
the United States by filing a notice of appeal in such court
within 30 days from the date of such order and by
simultaneously sending a copy of such notice by certified mail
to the Secretary of Commerce, the Attorney General, and the
appropriate United States Attorney. The Secretary of Commerce
shall promptly refer the matter to the Attorney General of the
United States, who shall file in such court a certified copy of
the record upon which the violation was found or such penalty
imposed, as provided in section 2112 of title 28, United States
Code. The court shall set aside the findings and order of the
Secretary if the findings and order are found to be unsupported
by substantial evidence, as provided in section 706(2)(E) of
title 5, United States Code.
[(d) Recovery of Civil Penalties.--The Attorney General of
the United States may seek to recover in any appropriate
district court of the United States (1) any civil penalty
imposed under this section that has become a final and
unappealable order and has been referred to the Attorney
General by the Secretary of Commerce or (2) any final judgment
rendered under this section in favor of the United States by an
appropriate Court.
[(e) Penalties Under Other Laws.--The assessment of a civil
penalty under subsection (a) for any act shall not be deemed to
preclude the assessment of a civil penalty for such act under
any other law.
[SEC. 309. CRIMINAL OFFENSES.
[(a) Offenses.--A person is guilty of an offense if that
person commits any act prohibited by paragraph (4), (5), (6),
or (7) of section 306.
[(b) Punishment.--Any offense described in subsection (a) is
punishable by a fine of $50,000, or imprisonment for not more
than ten years, or both.
[(c) Offenses Under Other Laws.--A conviction under
subsection (a) for any act shall not be deemed to preclude a
conviction for such act under any other law.]
SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
* * * * * * *
----------
ATLANTIC TUNAS CONVENTION ACT OF 1975
* * * * * * *
administration
Sec. 6. (a) * * *
* * * * * * *
(c)(1) * * *
(2)(A) To promulgate regulations referred to in paragraph (1)
of this subsection, the Secretary shall publish in the Federal
Register a general notice of proposed rulemaking and shall
afford interested persons an opportunity to participate in the
rulemaking through [(A)] (i) submission of written data, views,
or arguments, and [(B)] (ii) oral presentation at a public
hearing. Such regulations shall be published in the Federal
Register and shall be accompanied by a statement of the
considerations involved in the issuance of the regulations, and
by a statement, based on inquiries and investigations,
assessing the nature and effectiveness of the measures for the
implementation of the Commission's recommendations which are
being or will be carried out by countries whose vessels engage
in fishing the species subject to such recommendations within
the waters to which the Convention applies. After publication
in the Federal Register, such regulations shall be applicable
to all vessels and persons subject to the jurisdiction of the
United States on such date as the Secretary shall prescribe.
The Secretary shall suspend at any time the application of any
such regulation when, after consultation with the Secretary of
State and the United States Commissioners, he determines that
fishing operations in the Convention area of a contracting
party for whom the regulations are effective are such as to
constitute a serious threat to the achievement of the
Commission's recommendations.
(B) Notwithstanding the requirements of subparagraph (A) and
subsections (b) and (c) of section 553 of title 5, United
States Code, the Secretary may issue final regulations to
implement Commission recommendations referred to in paragraph
(1) concerning trade restrictive measures against nations or
fishing entities.
* * * * * * *
violations; fines and forfeitures; application of related laws
Sec. 7. (a) * * *
* * * * * * *
[(e) The civil penalty and permit sanctions of section 308 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1858) are hereby made applicable to violations of
this section as if they were violations of section 307 of that
Act.
[(f) All fish taken or retained in violation of subsection
(a) of this section, or the monetary value thereof, may be
forfeited.]
[(g)] (e) All provisions of law relating to the seizure,
judicial forfeiture, and condemnation of a cargo for violation
of the customs laws, the disposition of such cargo or the
proceeds from the sale thereof, and the remission or mitigation
of such forfeitures shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under the
provisions of this Act, insofar as such provisions of law are
applicable and not inconsistent with the provisions of this
Act.
enforcement
Sec. 8. [(a) Any person authorized in accordance with the
provisions of this Act to enforce the provisions of this Act
and the regulations issued thereunder may--
[(1) with or without a warrant, board any vessel
subject to the jurisdiction of the United States and
inspect such vessel and its catch and, if as a result
of such inspection, he has reasonable cause to believe
that such vessel or any person on board is engaging in
operations in violation of this Act or any regulations
issued thereunder, he may, with or without a warrant or
other process, arrest such person;
[(2) arrest, with or without a warrant, any person
who violates the provisions of this Act or any
regulation issued thereunder in his presence or view;
[(3) execute any warrant or other process issued by
an officer or court of competent jurisdiction; and
[(4) seize, whenever and wherever lawfully found, all
fish taken or retained by a vessel subject to the
jurisdiction of the United States in violation of the
provisions of this Act or any regulations issued
pursuant thereto. Any fish so seized may be disposed of
pursuant to an order of a court of competent
jurisdiction, or, if perishable, in a manner prescribed
by regulation of the Secretary.]
(a) For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
(b) To the extent authorized under the convention or by
agreements between the United States and any contracting party
concluded pursuant to section 5(b) of this Act for
international enforcement, the duly authorized officials of
such party shall have the authority to carry out [the
enforcement activities specified in section 8(a) of this Act]
enforcement activities with respect to this Act that are
otherwise authorized by law with respect to persons or vessels
subject to the jurisdiction of the United States, and the
officials of the United States authorized pursuant to this
section shall have the authority to carry out [the enforcement
activities specified in section 8(a) of this Act] enforcement
activities with respect to this Act that are otherwise
authorized by law with respect to persons or vessels subject to
the jurisdiction of such party, except that where any agreement
provides for arrest or seizure of persons or vessels under
United States jurisdiction it shall also provide that the
person or vessel arrested or seized shall be promptly handed
over to a United States enforcement officer or another
authorized United States official.
[(c) Notwithstanding the provisions of section 2464 of title
28, United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshal or other officer shall stay the execution of such
process, or discharge any fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or
stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money
or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and
judgment thereon against both the principal and sureties may be
recovered in event of any breach of the conditions thereof as
determined by the court. In the discretion of the accused, and
subject to the direction of the court, the fish may be sold for
not less than its reasonable market value at the time of
seizure and the proceeds of such sale placed in the registry of
the court pending judgment in the case.]
* * * * * * *
[annual report
[Sec. 11. Not later than April 1, 1996, and annually
thereafter, the Secretary shall prepare and transmit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report, that--
[(1) details for the previous 10-year period the
catches and exports to the United States of highly
migratory species (including tunas, swordfish, marlin
and sharks) from Nations fishing on Atlantic stocks of
such species that are subject to management by the
Commission;
[(2) identifies those fishing Nations whose harvests
are inconsistent with conservation and management
recommendations of the Commission;
[(3) describes reporting requirements established by
the Secretary to ensure that imported fish products are
in compliance with all international management
measures, including minimum size requirements,
established by the Commission and other international
fishery organizations to which the United States is a
party; and
[(4) describes actions taken by the Secretary under
section 6.]
savings clause
Sec. [12.] 11. Nothing in this Act shall have the effect of
diminishing the rights and obligations of any Nation under
Article VIII(3) of the Convention.
separability
Sec. [13.] 12. If any provision of this Act or the
applications of such provision to any circumstance or persons
shall be held invalid, the validity of the remainder of the Act
and the applicability of such provision to other circumstances
or persons shall not be affected thereby.
----------
HIGH SEAS FISHING COMPLIANCE ACT OF 1995
* * * * * * *
TITLE I--HIGH SEAS FISHING COMPLIANCE
* * * * * * *
SEC. 104. PERMITTING.
(a) * * *
* * * * * * *
[(f) Duration.--A permit issued under this section is valid
for 5 years. A permit issued under this section is void in the
event the vessel is no longer eligible for United States
documentation, such documentation is revoked or denied, or the
vessel is deleted from such documentation.]
(f) Validity.--A permit issued under this section for a
vessel is void if--
(1) any other permit or authorization required for
the vessel to fish is expired, revoked, or suspended;
or
(2) the vessel is no longer documented under the laws
of the United States or eligible for such
documentation.
* * * * * * *
----------
DOLPHIN PROTECTION CONSUMER INFORMATION ACT
dolphin protection
Sec. 901. (a) * * *
* * * * * * *
[(e) Enforcement.--Any person who knowingly and willfully
makes a statement or endorsement described in subsection
(d)(2)(B) that is false is liable for a civil penalty of not to
exceed $100,000 assessed in an action brought in any
appropriate district court of the United States on behalf of
the Secretary.]
(e) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
----------
NORTHERN PACIFIC HALIBUT ACT OF 1982
* * * * * * *
Sec. 7. It is unlawful--
[(a)] (1) for any person subject to the jurisdiction
of the United States--
[(1)] (A) to violate any provision of the
Convention, this Act or any regulation adopted
under this Act;
[(2)] (B) to refuse to permit any enforcement
officer to board a fishing vessel subject to
such person's control for purposes of
conducting any search, investigation, or
inspection in connection with the enforcement
of the Convention, this Act or any regulation
adopted under this Act;
[(3)] (C) to forcibly assault, resist,
oppose, impede, intimidate or interfere with
any enforcement officer in the conduct of any
search, investigation, or inspection described
in paragraph (2);
[(4)] (D) to resist a lawful arrest or
detention for any act prohibited by this
section;
[(5)] (E) to ship, transport, offer for sale,
sell, purchase, import, export or have custody,
control or possession of, any fish taken or
retained in violation of the Convention, this
Act, or any regulation adopted under this Act;
[or]
[(6)] (F) to interfere with, delay or
prevent, by any means, the apprehension, arrest
or detention of another person, knowing that
such person has committed any act prohibited by
this [section.] section; or
[(b)] (2) for any foreign fishing vessel, and for the
owner or operator of any foreign fishing vessel, to
engage in fishing for halibut in the fishery
conservation zone, unless such fishing is authorized
by, and conducted in accordance with the Convention,
this Act and regulations adopted under this Act.
* * * * * * *
----------
NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995
* * * * * * *
TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES
* * * * * * *
SEC. 207. PROHIBITED ACTS [AND PENALTIES] AND ENFORCEMENT.
(a) Prohibition.--It is unlawful for any person or vessel
that is subject to the jurisdiction of the United States--
(1) * * *
(2) to refuse to permit any authorized enforcement
officer to board a fishing vessel that is subject to
the person's control for purposes of conducting any
search, investigation, or inspection in connection with
the enforcement of this title, any regulation issued
under this title, or any measure that is legally
binding on the United States under the Convention;
(3) forcibly to assault, resist, oppose, impede,
intimidate, or interfere with any authorized
enforcement officer in the conduct of any search,
investigation, or inspection described in paragraph
(2);
* * * * * * *
[(b) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (a) shall be liable to the United
States for a civil penalty, or may be subject to a permit
sanction, under section 308 of the Magnuson Act (16 U.S.C.
1858).
[(c) Criminal Penalty.--Any person who commits an act that is
unlawful under paragraph (2), (3), (4), or (6) of subsection
(a) shall be guilty of an offense punishable under section
309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
[(d) Civil Forfeitures.--
[(1) In general.--Any vessel (including its gear,
furniture, appurtenances, stores, and cargo) used in
the commission of an act that is unlawful under
subsection (a), and any fish (or the fair market value
thereof) taken or retained, in any manner, in
connection with or as a result of the commission of any
act that is unlawful under subsection (a), shall be
subject to seizure and forfeiture as provided in
section 310 of the Magnuson Act (16 U.S.C. 1860).
[(2) Disposal of fish.--Any fish seized pursuant to
this title may be disposed of pursuant to the order of
a court of competent jurisdiction or, if perishable, in
a manner prescribed by regulations issued by the
Secretary.
[(e) Enforcement.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall enforce
the provisions of this title and shall have the authority
specified in section 311 (a), (b)(1), and (c) of the Magnuson
Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that purpose.
[(f) Jurisdiction of Courts.--The district courts of the
United States shall have exclusive jurisdiction over any case
or controversy arising under this section and may, at any
time--
[(1) enter restraining orders or prohibitions;
[(2) issue warrants, process in rem, or other
process;
[(3) prescribe and accept satisfactory bonds or other
security; and
[(4) take such other actions as are in the interests
of justice.]
(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
----------
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
* * * * * * *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
* * * * * * *
SEC. 307. PROHIBITED ACTS.
It is unlawful--
(1) for any person--
(A) * * *
* * * * * * *
(Q) to import, export, transport, sell,
receive, acquire, or purchase in interstate or
foreign commerce any fish taken, possessed,
transported, or sold in violation of any
foreign law or regulation or any treaty or in
contravention of any binding conservation
measure adopted by an international agreement
or organization to which the United States is a
party; or
* * * * * * *
----------
TUNA CONVENTIONS ACT OF 1950
* * * * * * *
[Sec. 2. 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
America and appointed pursuant to the terms of the
pertinent convention and section 3 of this Act;
[(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. 3. 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. 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) Person.--The term ``person'' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
(5) United states.--The term ``United States''
includes all areas under the sovereignty of the United
States.
(6) United states commissioners.--The term ``United
States commissioners'' means the individuals appointed
in accordance with section 3(a).
SEC. 3. COMMISSIONERS.
(a) Commissioners.--The United States shall be represented on
the Commission by 4 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 United States 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. Not more than 2 United States
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 United States 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 United
States 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 United States
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 Inter-American
Tropical Tuna Commission and other meetings the
Secretary of State 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.
[(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.
[(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.]
(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 United States 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 ex-officio 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 delegation 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 title, 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) Scientific Advisory Subcommittee.-- (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.
* * * * * * *
(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]
General Advisory Committee 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. (a) 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 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.
[(c) 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 recommendations
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 or 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; 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. 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 as may be necessary to carry out
the United States international obligations under the
Convention and this Act, 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
as may be necessary to carry out the United States
international obligations under the Convention and this Act,
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.
* * * * * * *
Sec. 8. (a) It shall be unlawful for any master or other
person in charge of a fishing vessel of the United States to
engage in fishing in violation of any regulation adopted
pursuant to [section 6(c) of this Act] section 6, 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.
* * * * * * *
(c) It shall be unlawful for any person to import, in
violation of any regulation adopted pursuant to [section 6(c)
of this Act] section 6, 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]
section 6. 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] section 6.
* * * * * * *
(i) Additional Prohibitions and Enforcement.--For
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
[Sec. 10. (a) 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) 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) 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) 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) 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) 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.
For enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
* * * * * * *
SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN.
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) * * *
* * * * * * *
----------
EASTERN PACIFIC TUNA LICENSING ACT OF 1984
[Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, That this
Act may be cited as the ``Eastern Pacific Tuna Licensing Act of
1984''.
[SEC. 2. DEFINITIONS.
[As used in this Act--
[(1) The term ``Agreement'' means the Eastern Pacific
Ocean Tuna Fishing Agreement, signed in San Jose, Costa
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.
[(a) 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) 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) An individual is not entitled to compensation for
serving as the United States representative or an alternate
United States representative.
[(d) 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.
[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.
[(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
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.
[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.
[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.
[(a) 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) 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) 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) 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 provisions of this Act.
[SEC. 9. ENFORCEMENT.
[(a) 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) 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) 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) 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) 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 to 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) 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.
[There are authorized to be appropriated for fiscal years
after fiscal year 1984 such sums as may be necessary to carry
out this Act.]
[all]