[Senate Report 113-127]
[From the U.S. Government Publishing Office]


113th Congress                                                   Report
                                 SENATE
 1st Session                                                    113-127
_______________________________________________________________________

                                     

                                                       Calendar No. 263

 
        INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT

                               __________

                              R E P O R T

                                 of the

           COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION

                                   on

                                 S. 269




               December 17, 2013.--Ordered to be printed


       SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION
                    one hundred thirteenth congress
                             first session

            JOHN D. ROCKEFELLER IV, West Virginia, Chairman
BARBARA BOXER, California            JOHN THUNE, South Dakota
BILL NELSON, Florida                 ROGER F. WICKER, Mississippi
MARIA CANTWELL, Washington           ROY BLUNT, Missouri
MARK PRYOR, Arkansas                 MARCO RUBIO, Florida
CLAIRE McCASKILL, Missouri           KELLY AYOTTE, New Hampshire
AMY KLOBUCHAR, Minnesota             DEAN HELLER, Nevada
MARK WARNER, Virginia                DAN COATS, Indiana
MARK BEGICH, Alaska                  TIM SCOTT, South Carolina
RICHARD BLUMENTHAL, Connecticut      TED CRUZ, Texas
BRIAN SCHATZ, Hawaii                 DEB FISCHER, Nebraska
ED MARKEY, Massachusetts             RON JOHNSON, Wisconsin
CORY BOOKER, New Jersey
                     Ellen Doneski, Staff Director
                     John Williams, General Counsel
              David Schwietert, Republican Staff Director
              Nick Rossi, Republican Deputy Staff Director
               Rebecca Seidel, Republican General Counsel


                                                       Calendar No. 263
113th Congress                                                   Report
                                 SENATE
 1st Session                                                    113-127

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




        INTERNATIONAL FISHERIES STEWARDSHIP AND ENFORCEMENT ACT

                                _______
                                

               December 17, 2013.--Ordered to be printed

                                _______
                                

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

                              R E P O R T

                         [To accompany S. 269]

    The Committee on Commerce, Science, and Transportation, to 
which was referred the bill (S. 269) to establish uniform 
administrative and enforcement authorities for the enforcement 
of the High Seas Driftnet Fishing Moratorium Protection Act and 
similar statutes, and for other purposes, having considered the 
same, reports favorably thereon with an amendment (in the 
nature of a substitute) and recommends that the bill (as 
amended) do pass.

                          Purpose of the Bill

    The purpose of S. 269, the International Fisheries 
Stewardship and Enforcement Act, is to harmonize and strengthen 
the enforcement provisions of Federal statutes that implement 
international fishery agreements to which the United States is 
a party.

                          Background and Needs

    Many fish stocks around the world have become depleted in 
the last several decades as a result of fleet overcapacity, 
overfishing, and ineffective fisheries law enforcement regimes. 
Coastal fishing nations are responsible for managing the fish 
stocks that fall within their domestic waters, which extend 200 
nautical miles from their coastline, also known as their 
exclusive economic zone (EEZ). Unfortunately, many coastal 
nations do not manage fish stocks sustainably, enforce their 
fishery conservation and management measures effectively, or 
coordinate management of shared fish stocks with other fishing 
nations.
    The Magnuson-Stevens Fishery Conservation and Management 
Act (MSA), enacted in 1976 as the Fishery Conservation and 
Management Act of 1976, provides the primary architecture for 
the conservation and management of fisheries in United States 
Federal waters.\1\ Under the MSA, the United States Government 
exercises sovereign rights and exclusive management authority 
over fish and Continental Shelf fishery resources within the 
United States EEZ. The MSA vests the Secretary of Commerce 
(Secretary) with overall authority for the management of these 
resources. The Secretary generally carries out these 
responsibilities through the National Oceanic and Atmospheric 
Administration's National Marine Fisheries Service (NMFS). The 
MSA calls for Regional Fishery Management Councils established 
by the Act (and the Secretary in certain cases) to develop 
fishery management plans, subject to the Secretary's approval, 
that follow the Act's requirements, including rebuilding 
overfished stocks and setting sustainable harvest levels using 
catch limits based on the best available science. The 
requirements of the MSA and the fishery management plans 
promulgated thereunder are enforced by the Secretary and the 
Secretary of the department in which the Coast Guard is 
operating.
---------------------------------------------------------------------------
    \1\ Magnuson-Stevens Fishery Conservation and Management Act, 16 
U.S.C. Sec. Sec.  1801-1884 (2012) (first enacted as the Fishery 
Conservation and Management Act of 1976, Pub. L. 94-265, 90 Stat. 331 
(1976)).
---------------------------------------------------------------------------
    Coordinated management of fish stocks harvested on the high 
seas (i.e., waters beyond the jurisdiction of any nation) is 
accomplished by nations participating in Regional Fisheries 
Management Organizations (RFMOs) or through international 
agreements created to guide and coordinate the fishery 
management activities of multiple nations that target common 
stocks in specific regions. Each nation that chooses to 
participate in an RFMO or an international fishery agreement 
retains its sovereignty, yet is expected to develop domestic 
fisheries laws and regulations consistent with each agreement. 
The United States follows this practice and seeks to enact 
implementing legislation and promulgate regulations where 
necessary in order to meet its commitments in RFMOs and under 
international fisheries agreements. Short of such an agreement 
or implementing legislation, U.S. fisheries managers seek 
discussions with foreign counterparts to address concerns on 
interjurisdictional stock management.
    U.S. international fishery enforcement activities are 
conducted by the Coast Guard and the NMFS under a longstanding 
interagency agreement. The Coast Guard, whose 11 statutory 
missions include fisheries law enforcement,\2\ is responsible 
for conducting international (as well as domestic) fishery 
patrols and all other at-sea enforcement, while the NMFS is 
responsible for dockside and landside enforcement. The Coast 
Guard conducts its international enforcement operations in 
close coordination with the State Department, as required by 
Presidential Directive 27.\3\ The NMFS and the Coast Guard also 
provide input to the State Department for the negotiation of 
international fishery agreements and the review and approval of 
foreign fishing vessel permit applications.
---------------------------------------------------------------------------
    \2\ 6 U.S.C. Sec.  468(a)(1)(D) (2012).
    \3\ See generally Presidential Directive 27, Jan. 19, 1978 
(establishing uniform procedures within the United States Government 
for dealing with non-military incidents which could have an adverse 
impact upon the conduct of U.S. foreign relations).
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Foreign Illegal, Unreported, and Unregulated (IUU) Fishing

    The term ``IUU fishing'' describes a range of fishing 
activities, including: the failure to report, or the 
misreporting of, catches; fishing without the permission of a 
coastal country; the reflagging of vessels to countries that 
are unable or unwilling to adequately control their fishing 
activity; and noncompliance with fishing gear and area rules. 
The extent to which IUU fishing occurs is not fully known, but 
some have estimated that it accounts for as much as a fourth of 
the world's fish catch and, as such, represents one of the 
greatest challenges to sustainable global fishery conservation 
and management. It has been estimated in recent years that 
worldwide IUU fish harvests are worth between $10 billion and 
$23.5 billion annually, and represent between 11 million and 26 
million tons.\4\ Annual IUU harvests at these levels likely 
create significant ecological impacts.
---------------------------------------------------------------------------
    \4\ David J. Agnew et al., Estimating the Worldwide Extent of 
Illegal Fishing, PLoS ONE, Feb. 2009, at 4.
---------------------------------------------------------------------------
    Worldwide, the amount of IUU fishing appears to be 
increasing as IUU fishermen attempt to avoid stricter fishing 
rules created to address declining fish stocks. Preventing IUU 
fishing on the high seas is difficult due to the vast areas of 
ocean to monitor, enforcement resource limitations, and a high 
volume of operating fishing vessels. Current international 
efforts to eliminate IUU fishing are mainly led through the 
United Nations (UN) Food and Agriculture Organization (FAO), 
and are primarily focused on persuading individual nations to 
better control and manage their fishing fleets. RFMOs generally 
strive to follow guidelines established by the UN to combat IUU 
fishing. The UN also plays an important role in addressing 
labor abuses on fishing vessels.

IUU Challenges for Developing Countries

    In an effort to generate revenue, the governments of many 
developing coastal countries have negotiated agreements that 
allow developed countries, including European countries, China, 
and Russia, to harvest their fishery resources. In many 
instances, officials from developing countries have oversold 
fishing rights, thereby increasing potential total catches of 
their fish stocks well beyond sustainable levels. Fishing under 
these circumstances inevitably leads to overexploitation of 
fishery resources, and this problem is exacerbated by the fact 
that many developing coastal countries lack the capacity to 
conduct fish stock assessments, define sustainable harvest 
levels, and monitor compliance with and enforce fishery 
conservation and management measures. Taken together, these 
factors can result in rapid declines in abundance of local fish 
stocks which, in turn, threaten the livelihoods of local 
fishermen. Such circumstances have also led to illegal 
trafficking, exploitation, and physical abuse of what are often 
migrant workers on fishing vessels operating in the waters of 
developing nations.
    In some cases, these circumstances have even caused 
fishermen to turn to piracy. A prime example is the coastal 
country of Somalia. It has been widely reported that there are 
direct connections between the significant increase in 
piratical activity off the Horn of Africa in the past decade 
and reduced fishing opportunities among Somali fishermen during 
the same time period.\5\ The increased pirate attacks seem to 
have originated as a response to foreign IUU fishing and 
dumping of toxic waste in Somali waters, both of which had a 
negative impact on fishing for Somali fishermen, and 
subsequently expanded into a ransom-driven, hostage-taking 
enterprise. More recently, it has been reported that the 
relationship between Somali piracy and IUU fishing has come 
full circle. In July 2013, the UN Security Council published a 
special report on Somalia which indicates that Somali pirates 
are now turning from hijacking ships to providing ``private 
security'' for vessels illegally fishing in Somali waters.\6\ 
Specifically, the report states that in northern Somalia a 
number of these individuals are reverting to prior, familiar 
patterns of illicit behavior, including armed protection of 
fishing activities and illegal fishing, arms trafficking, human 
trafficking, and transshipment of narcotics.\7\ The UN report 
also notes that illegal fishing has been reported to facilitate 
other forms of contraband, including weapons smuggling.\8\ The 
situation in Somalia makes clear that foreign IUU fishing has 
broader implications beyond international fishery conservation 
and management.
---------------------------------------------------------------------------
    \5\ See, e.g., Jeffrey Gettleman, Pirates Tell Their Side: They 
Want Only Money, N.Y. TIMES, Oct. 1, 2008, at A6; Paul Salopek, Somali 
Pirates Say It's All about Payback, Exacting Tax for Years of Fish 
Poaching, They Say Waters Became Dumping Ground, SEATTLE TIMES, Oct. 
15, 2008, at A9; Todd Pittman, Somali Pirates a Far Cry from Buccaneers 
of Old, ASSOCIATED PRESS ONLINE, Apr. 11, 2009; Jason Straziuso, 
Fishermen See Benefits to Pirates, the Trawlers That Used to Scoop up 
All the Fish, Kenyan Fishermen Say, Have Been Scared Away, L.A. TIMES, 
Mar. 7, 2010, at 11; and Abdiqani Hassan, A Pirate's Life of Luxury 
Comes with Risk, Scorn, Ex-fisherman Lured to Sea by Huge Ransom 
Payouts, CHI. TRIB., Mar. 13, 2011, at 30.
    \6\ U.N. Security Council, Security Council Committee pursuant to 
resolutions 751 (1992) and 1907 (2009) concerning Somalia and Eritrea, 
Report of the Monitoring Group on Somalia and Eritrea pursuant to 
Security Council resolution 2060 (2012): Somalia, 42, U.N. Doc. S/2013/
413 (Jul. 12, 2013).
    \7\ Id.  41.
    \8\ Id.  43.
---------------------------------------------------------------------------
    In recent years, marine policy experts have recommended a 
number of measures to combat IUU fishing, particularly along 
the coasts of developing countries. These recommendations have 
included ending the system of flags of convenience, improving 
port inspections and strengthening port state controls, and 
reducing the fishing pressure caused by large fishing fleets 
from industrialized nations. These measures require resources, 
including funding, staff, technology, and expertise, that 
remain largely unavailable in many developing countries.
    Many foreign aid organizations, such as the World Bank, 
attempt to direct foreign financial and technical assistance to 
improve the sustainability of coastal nations' fisheries, but 
the United States has undertaken only limited efforts to assist 
developing countries in targeting IUU fishing.
    The Magnuson-Stevens Fishery Conservation and Management 
Reauthorization Act of 2006 (MSRA), Pub. L. No. 109-479, 120 
Stat. 3575, which was passed by the 109th Congress and signed 
into law in January 2007, made significant improvements in the 
area of international fisheries conservation. The overarching 
theme of these improvements was the enhancement and expansion 
of the authority of the Secretary to work through various 
multilateral organizations, such as RFMOs, to address IUU 
fishing and bycatch of protected living marine resources 
(PLMR).
    Specifically, title IV of the MSRA amended the High Seas 
Driftnet Fishing Moratorium Protection Act (Moratorium 
Protection Act), 16 U.S.C. Sec. Sec.  1826d-1826k (2012), to 
require the Secretary to produce a biennial report to Congress 
which includes: the state of knowledge on the status of 
international living marine resources that are shared by the 
United States or are subject to a treaty or agreement to which 
the United States is a party, including a list of all fish 
stocks classified as overfished, overexploited, depleted, 
endangered, or threatened with extinction by international or 
other authorities charged with management or conservation of 
living marine resources; a list of nations the United States 
has identified as having vessels engaged in IUU fishing, 
bycatch of PLMR, or both; a description of efforts taken by 
listed nations to take appropriate corrective action; progress 
in strengthening the efforts of international fishery 
management organizations to end IUU fishing; and the steps 
taken by the Secretary at the international level to adopt 
measures comparable to those of the United States to reduce the 
impacts of fishing and other practices on PLMR.
    The MSRA also amended the Moratorium Protection Act to, 
among other things: require the Secretary to pursue specific 
improvements to strengthen international fishery management 
organizations through the adoption of IUU vessel lists, 
stronger port state controls, and market-related measures; 
require the Secretary to promote improved monitoring and 
surveillance of international fisheries; authorize the 
Secretary to promulgate implementing rules relating to 
certification for listed nations; and provide authority to 
prohibit the importation into the United States of fish and 
fish products from listed nations that fail to address 
deficiencies in preventing IUU fishing and PLMR bycatch.

The Need for Legislation to Strengthen U.S. International Fisheries 
        Enforcement

    As discussed above, the United States Coast Guard conducts 
international fisheries enforcement patrols and other at-sea 
enforcement activities, and the NMFS Office of Law Enforcement 
conducts land-based enforcement activities, with the State 
Department providing diplomatic and legal support where 
necessary. The Coast Guard and the NMFS enforce the provisions 
of a number of Federal statutes that implement the terms of 
international fisheries treaties and agreements to which the 
United States is a party. As these statutes were developed and 
enacted over several decades, they often took divergent 
approaches in the enforcement tools they provided, the fines 
and penalties they imposed, and the authorities they provided 
to carry out investigations of suspected violations. As a 
result, U.S. international fisheries enforcement efforts are 
carried out under a patchwork of different standards and 
authorities. Harmonizing these standards and authorities across 
various fisheries statutes would streamline, clarify, and 
strengthen the overall approach for targeting foreign IUU 
fishing. Furthermore, increasing fines and penalties would more 
effectively deter IUU fishing. These fines and penalties should 
amount to more than just the cost of doing business for those 
engaging in IUU fishing, as they do now.
    Harmonizing and clarifying international fisheries 
standards and requirements would also likely increase the ease 
and improve the efficiency with which the Coast Guard executes 
its at-sea fisheries enforcement activities. This is not an 
unimportant consideration as the Coast Guard seeks to fulfill 
its mission requirements in the face of an increasingly 
unpredictable and resource-constrained budgetary and 
appropriations process.
    The United States can take additional steps to promote 
interagency cooperation and reduce the bureaucratic barriers 
that can limit the effectiveness of fishery patrols, 
investigations, and any subsequent litigation. The Coast Guard 
and the NMFS undertake international fisheries enforcement 
patrols and other activities to the extent that funding and 
dockside enforcement resources allow, and as such have had 
limited effectiveness in reducing IUU fishing and preventing 
all IUU fish product from entering the United States. The 
United States could improve its law enforcement efforts by 
enabling agencies to better share enforcement authorities, 
information, intelligence (subject to appropriate protections), 
and other resources; enter into memoranda of understanding and 
other agreements with fisheries officers in U.S. States and 
other nations; and otherwise better utilize available 
intergovernmental tools and resources.
    Internationally, the United States has actively worked to 
strengthen existing RFMOs through renegotiation of their 
underlying agreements or the negotiation of new protocols. With 
substantial U.S. involvement, international fishery management 
organizations have adopted and shared IUU vessel lists; used 
observers and technologies to monitor compliance; promoted and 
used centralized vessel monitoring systems (VMS); established 
trade tracking and documentation schemes; prevented trade in or 
importation of IUU-caught fish or other living marine 
resources; and protected vulnerable marine ecosystems. Under 
the auspices of the FAO, the United States led the development 
of and signed an instrument on port state measures to prevent, 
deter, and eliminate IUU fishing. Ultimately, this convention, 
the Agreement on Port State Measures to Prevent, Deter and 
Eliminate Illegal, Unreported and Unregulated Fishing, will 
deny port entry to IUU fishing vessels and other vessels that 
support IUU fishing. The United States has not yet ratified 
this agreement. Additionally, the United States has yet to 
fully ratify and accede to the Antigua Convention, which was 
negotiated to strengthen and replace the 1949 Convention 
establishing the first RFMO, the Inter-American Tropical Tuna 
Commission. The Senate gave its advice and consent to enter 
into the Antigua Convention in 2005 and the Convention entered 
into force in 2010, but the United States must conform its 
domestic implementing statute, the Tuna Conventions Act of 
1950, to the provisions of the Convention before it deposits 
its instrument of ratification and accedes to the Convention.
    The United States can also build upon existing efforts to 
provide technical assistance, training, and other support to 
developing countries struggling with fisheries management and 
IUU enforcement efforts. By encouraging the development of 
initiatives aimed at international fisheries conservation and 
IUU fishing, in cooperation with the NMFS and Coast Guard 
experts, the United States can expand its reach and 
effectiveness in targeting this significant marine policy 
problem facing developing countries.

                         Summary of Provisions

    The International Fisheries Stewardship and Enforcement 
Act, S. 269, would harmonize and strengthen U.S. fisheries 
enforcement authorities and capabilities in order to better 
combat and deter foreign IUU fishing activities.
    Title I would strengthen the authority of the NMFS and the 
Coast Guard to enforce fisheries laws under international 
agreements to which the United States is a party, carry out 
fishery investigations and enforcement activities, and deter 
and discourage foreign IUU fishing activity through denial of 
port access to IUU fishing vessels of nations listed under the 
national certification process set forth in the Moratorium 
Protection Act.
    Title II would authorize the establishment of an 
interagency task force on international fisheries enforcement 
and provide the NMFS with new authorities to increase 
interagency cooperation, share resources and information, and 
extend authorities to other law enforcement officers. It also 
would enhance capabilities to provide: assistance for 
international capacity building efforts; training for 
monitoring, enforcement, and conservation efforts; and 
technical expertise, outreach, and education to combat IUU 
fishing and promote international marine conservation.
    Title III would make technical and clarifying amendments to 
a number of living marine resource conservation and management 
statutes, including several implementing statutes for 
international fisheries agreements to which the United States 
is a party.
    Title IV would implement 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, also known as the 
Antigua Convention. The Senate agreed to the resolution of 
advice and consent to this Convention on November 18, 2005.

                          Legislative History

    Senator Rockefeller introduced S. 269, the International 
Fisheries Stewardship and Enforcement Act, on February 11, 
2013. S. 269 is cosponsored by Senators Begich, Blumenthal, 
Boxer, Cantwell, Hirono, Merkley, Murkowski, Nelson, Schatz, 
and Wyden. Similar legislation, S. 52, was introduced by 
Senator Inouye during the 112th Congress and referred to the 
Committee on Commerce, Science, and Transportation. On July 30, 
2013, the Committee met in open executive session and, by a 
voice vote, ordered S. 269 reported favorably with an amendment 
in the nature of a substitute.

                            Estimated Costs

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

S. 269--International Fisheries Stewardship and Enforcement Act

    Summary: S. 269 would establish uniform enforcement 
policies and procedures among federal statutes that govern the 
regulation of commercial fishing. The bill also would expand 
the efforts of the National Oceanic and Atmospheric 
Administration (NOAA) to address illegal, unreported, and 
unregulated (IUU) fishing internationally. Finally, the bill 
would amend the Tuna Conventions Act of 1950 to implement the 
Antigua Convention, an international fishing agreement signed 
by the United States in 2003.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing S. 269 would cost $31 million over 
the 2014-2018 period. Enacting the legislation could increase 
revenues (from civil and criminal penalties) and associated 
direct spending; therefore, pay-as-you-go procedures apply. 
However, CBO estimates that the net effects of those 
collections and subsequent spending on future budget deficits 
would be negligible for each year.
    CBO has not reviewed title IV of the bill for 
intergovernmental or private-sector mandates. Section 4 of the 
Unfunded Mandates Reform Act (UMRA) excludes from the 
application of that act any legislative provisions that are 
necessary for the ratification or implementation of 
international treaty obligations. CBO has determined that title 
IV falls within that exclusion. The remaining provisions of S. 
269 contain no intergovernmental or private-sector mandates as 
defined in UMRA and would impose no costs on state, local, or 
tribal governments.
    Estimated cost to the Federal Government: The estimated 
budgetary impact of S. 269 is shown in the following table. The 
costs of this legislation fall within budget function 300 
(environment and natural resources).

------------------------------------------------------------------------
                                By fiscal year, in millions of dollars--
                               -----------------------------------------
                                                                   2014-
                                 2014   2015   2016   2017   2018   2018
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION

IUU Fishing Identification
 Program:
    Estimated Authorization         2      3      3      3      3     14
     Level....................
    Estimated Outlays.........      1      3      3      3      3     13
Technical Assistance:
    Estimated Authorization         3      4      4      4      4     19
     Level....................
    Estimated Outlays.........      2      4      4      4      4     18
    Total Changes:
        Estimated                   5      7      7      7      7     33
         Authorization Level..
        Estimated Outlays.....      3      7      7      7      7    31
------------------------------------------------------------------------
Note: IUU = illegal, unreported, and unregulated.

    Basis of estimate: For this estimate, CBO assumes that the 
legislation will be enacted early in 2014 and that the 
necessary amounts will be appropriated for each fiscal year. 
Estimated outlays are based on historical spending patterns for 
similar programs.
    Title I would expand the scope of a program to identify 
nations engaged in IUU fishing. The bill would require NOAA to 
maintain a list of nations that have engaged in certain IUU 
fishing practices within the preceding three years, including 
activities that violate international agreements to which the 
United States is not a party. Under current law, NOAA is 
required to identify and list nations that engaged in IUU 
activities during the previous year that violate international 
agreements to which the United States is a party. Based on 
information provided by NOAA, CBO estimates that hiring 
additional staff to help NOAA expand the scope of the IUU 
identification program would cost about $3 million a year, 
assuming appropriation of the necessary amounts.
    Title II would authorize NOAA to assist foreign governments 
in improving international enforcement of fisheries laws. Based 
on information provided by the agency and assuming 
appropriation of the necessary amounts, CBO estimates that 
providing technical assistance to foreign nations would cost 
about $4 million a year over the 2014-2018 period.
    Title IV would amend the Tuna Conventions Act of 1950 to 
implement the Antigua Convention and would establish guidelines 
for the selection, composition, and duties of certain bodies 
that represent the United States on the Inter-American Tropical 
Tuna Commission. Because those bodies currently exist and 
members of those bodies are not compensated by the federal 
government, CBO estimates that implementing title IV would have 
no significant impact on the federal budget.
    Pay-As-You-Go Considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. Enacting S. 269 could increase revenues (from civil 
and criminal penalties) and associated direct spending; 
therefore, pay-as-you-go procedures apply. However, CBO 
estimates that any increase in revenues from penalties would be 
less than $500,000 a year and would be offset by similar 
increases in direct spending from the Crime Victims Fund (for 
criminal penalties) or by NOAA (for civil penalties).
    Intergovernmental and private-sector impact: CBO has not 
reviewed title IV of the bill for intergovernmental or private-
sector mandates. Section 4 of UMRA excludes from the 
application of that act any legislative provisions that are 
necessary for the ratification or implementation of 
international treaty obligations. CBO has determined that the 
provisions of title IV fall within that exclusion because they 
would implement the Antigua Convention.
    The remaining provisions of the bill contain no 
intergovernmental or private-sector mandates as defined in UMRA 
and would impose no costs on state, local, or tribal 
governments.
    Estimate prepared by: Federal Costs: Jeff LaFave; Impact on 
State, Local, and Tribal Governments: Melissa Merrell; Impact 
on the Private Sector: Amy Petz.
    Estimate approved by: Theresa Gullo, Deputy Assistant 
Director for Budget Analysis.

                           Regulatory Impact

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

                       number of persons covered

    S. 269 would strengthen and harmonize the enforcement 
provisions of a number of implementing statutes for 
international fisheries agreements to which the United States 
is a party, authorize actions regarding foreign vessels engaged 
in illegal, unregulated, and unreported (IUU) fishing, 
authorize actions regarding the importation of IUU fish and 
fish product into the United States, facilitate provision of 
international fisheries enforcement technical expertise, 
training, and other assistance to developing countries, and 
make technical and clarifying changes to international 
fisheries statutes. It would authorize the Secretary to 
promulgate regulations necessary to carry out the enforcement 
authorities under section 101 and each act to which that 
section would apply. Persons subject to enforcement proceedings 
under these provisions could be subject to new regulations.

                            economic impact

    Foreign IUU fish currently have an unfair competitive 
advantage over U.S.-caught fish, because foreign IUU fish are 
harvested as cheaply as possible, with no regard for 
sustainable fishing practices. Cheap, foreign IUU fish undercut 
the value of fish from U.S. fisheries, which are sustainably 
caught, putting U.S. commercial fishermen and the commercial 
fishing and seafood industries at an unfair competitive 
disadvantage and preventing them from realizing the full value 
of their fish and fish products. An improved fisheries 
enforcement regime that curtails foreign IUU fishing and entry 
of IUU fish into the United States would promote fair 
marketplace competition, increase the value of sustainably 
harvested U.S. fish and fish products (as well as seafood 
imports harvested under equivalent conservation and management 
measures), and may have an overall positive impact on the U.S. 
economy.

                                privacy

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

                               paperwork

    S. 269 would not impose any new paperwork requirements on 
private citizens, businesses, or other entities that do not 
choose to participate in international fisheries activities; 
those who do participate in this industry may be subject to 
some changes in the paperwork requirements to meet emerging 
program needs.

                   Congressionally Directed Spending

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

                      Section-by-Section Analysis


Section 1. Short Title and Table of Contents

    This section would provide that this Act may be cited as 
the ``International Fisheries Stewardship and Enforcement 
Act,'' and would set forth a table of contents for the Act.

title i. administration and enforcement of certain fishery and related 
                                statutes


Section 101. Authority of the Secretary of Commerce to Enforce Statutes

    Subsection (a) of this section would provide that the 
Secretary and the Secretary of the department in which the 
Coast Guard is operating shall enforce the other Acts to which 
this section would apply. The Secretary would be permitted, by 
agreement, on a reimbursable basis or otherwise, to utilize 
personnel services, equipment, and facilities of any other 
Federal agency, including all elements of the Department of 
Defense, and of any State agency, in carrying out this section. 
This section of the Act would apply to: the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C 1826d et seq.); the 
Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et seq); the 
Dolphin Protection Consumer Information Act (16 U.S.C. 1385); 
the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.); the 
North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5001 et 
seq.); the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
seq.); the Antarctic Marine Living Resources Convention Act of 
1984 (16 U.S.C. 2431 et seq.); the Atlantic Tunas Convention 
Act of 1975 (16 U.S.C. 971 et seq.); the Northwest Atlantic 
Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.); the 
Western and Central Pacific Fisheries Convention Implementation 
Act (16 U.S.C. 6901 et seq.); the Northern Pacific Halibut Act 
of 1982 (16 U.S.C. 773 et seq.); the Antigua Convention 
Implementing Act of 2013; and any other Act of the same 
subject, as designated by the Secretary after notice and an 
opportunity for a hearing.
    Subsection (b) would direct the Secretary to prevent any 
person from violating any Act to which this section applies in 
the same manner, by the same means, and with the same powers, 
jurisdiction, and duties, as though sections 308 through 311 of 
the MSA were incorporated into and made a part of each such 
Act. Except as provided in subsection (c), any person who 
violated any Act to which this section would apply would be 
subject to the penalties, and entitled to the privileges and 
immunities, provided in the MSA in the same manner and by the 
same means, as though sections 308 through 311 of the MSA were 
incorporated into and made a part of each such Act.
    Subsection (c) of this section establishes uniform 
authorities regarding enforcement and information collection, 
maintenance, and use that would apply in the event of a 
conflict with a corresponding provision of the MSA. Under these 
authorities, officers authorized to enforce the provisions of 
any Act to which this section would apply would be empowered 
to: search or inspect any facility or conveyance used for the 
storage, processing, transport, or trade of fish or fish 
products; inspect records pertaining to the storage, 
processing, transport, or trade of fish or fish products; 
detain, for a period of up to 14 days, any shipment of fish or 
fish product imported into, landed on, introduced into, 
exported from, or transported within the jurisdiction of the 
United States, or, if perishable, sell and retain the proceeds 
therefrom for a period of up to 14 days; carry firearms and 
make an arrest for any offense under the laws of the United 
States committed in the officer's presence, or for the 
commission of any felony under the laws of the United States if 
there are reasonable grounds; conduct searches and seizures in 
accordance with guidelines issued by the Attorney General of 
the United States; and execute and serve subpoenas, arrest 
warrants, search warrants issued in accordance with Rule 41 of 
the Federal Rules of Criminal Procedure, or any other warrant 
or process issued by an officer or court of competent 
jurisdiction.
    Subsection (c) also would require the Secretary and the 
head of each department and agency providing personnel for the 
task force under section 201 to share all applicable 
information, intelligence, and data, related to IUU fishing. 
The Secretary, through the task force, would coordinate the 
collection, storage, analysis, and dissemination of all 
applicable materials related to IUU fishing and would ensure 
the protection and confidentiality required by law for 
materials related to IUU fishing. The Secretary and the other 
task force participants would be required to develop data 
standardization for fisheries-related data for each member-
agency of the task force and with international fisheries 
enforcement databases as appropriate. Upon request of the 
Secretary, elements of the intelligence community would collect 
information related to IUU fishing outside the United States 
about non-U.S. persons and share such information with the 
Secretary, through the task force, for law enforcement 
purposes. In addition, this subsection would give the Secretary 
the authority to share fisheries related data with other 
Federal or State government agencies, foreign governments, and 
international organizations, provided such entities have 
policies and procedures to safeguard the information from 
unintended or unauthorized disclosure, and the exchange of 
information is necessary for administrative or enforcement 
purposes.
    Subsection (d) would establish that the district courts of 
the United States have jurisdiction over any actions arising 
under this section. American Samoa would be included within the 
District of Hawaii. Any offenses not committed in any district 
would be subject to the venue provisions of section 3238 of 
title 18, United States Code.
    Subsection (e) would set forth a uniform set of prohibited 
acts in order to aid in the administration and enforcement of 
this section and each Act to which this section would apply.
    Subsection (f) would authorize the Secretary to promulgate 
such regulations, in accordance with the notice and comment 
requirements of section 553 of title 5, United States Code, as 
may be necessary to carry out this section or any Act to which 
this section would apply.

Section 102. Conforming, Minor, and Technical Amendments

    This section would make conforming, minor, and technical 
amendments to provide for administration and enforcement of 
section 101 of this Act, and of the Acts to which section 101 
would apply, to: the High Seas Driftnet Fishing Moratorium 
Protection Act; the Dolphin Protection Consumer Information 
Act; the North Pacific Anadromous Stocks Act of 1992; the 
Pacific Salmon Treaty Act of 1985; the South Pacific Tuna Act 
of 1988; the Antarctic Marine Living Resources Convention Act 
of 1984; the Atlantic Tunas Convention Act of 1975; the 
Northwest Atlantic Fisheries Convention Act of 1995; the 
Western and Central Pacific Fisheries Convention Implementation 
Act; and the Northern Pacific Halibut Act of 1982.

Section 103. Illegal, Unreported, or Unregulated Fishing

    Subsection (a) of this section would amend the Moratorium 
Protection Act to: permit the Secretary to maintain and publish 
a list of vessels and vessel owners engaged in IUU fishing, and 
to take appropriate action against listed vessels and vessel 
owners; and require that any restrictions on port access 
imposed as a part of such an action apply to all U.S. ports.
    Subsection (a) also would amend the statutory guidelines 
for the definition of IUU fishing in the Moratorium Protection 
Act to include, to the extent possible: fishing activities 
conducted by foreign vessels in waters under the jurisdiction 
of a nation without permission of that nation; and fishing 
activities conducted by foreign vessels in contravention of a 
nation's laws or regulations, including activity that has not 
been reported or has been misreported to a nation in 
contravention of its laws or regulations. The Committee notes 
that this language does not refer only to a nation's 
conservation and management laws or regulations, but to a 
nation's laws or regulations generally.
    Subsection (b) would make conforming amendments to the High 
Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a et 
seq.).

Section 104. Liability

    This section would provide that any claims arising from the 
actions of any officer authorized to enforce the provisions of 
this Act or any Act to which this Act applies, taken pursuant 
to any scheme for at-sea boarding and inspection authorized 
under any international agreement to which the United States is 
a party, may be pursued under the tort claims procedures of 
chapter 171 of title 28, United States Code, or such other 
legal authority as may be pertinent.

         title ii. law enforcement and international operations


Section 201. International Fisheries Enforcement

    This section would authorize the establishment of an 
international fisheries enforcement task force, provide for its 
organization, and delineate the powers of authorized officers 
operating under its purview.
    Subsection (a) would require the Secretary, acting through 
the NMFS's existing international enforcement program, to 
establish an international fisheries enforcement task force not 
later than 12 months after the date of enactment of this Act. 
The authorized purposes of the task force would be to detect 
and investigate IUU fishing activity and trafficking in the 
resulting IUU fish or fish products, and to enforce the 
provisions of this Act and any Act to which section 101 of this 
Act would apply. The task force would include permanent 
representation from the NMFS's international enforcement 
program, the Coast Guard, Customs and Border Protection, the 
Food and Drug Administration, and such other Federal agencies 
as the Secretary considers appropriate and necessary to carry 
out the purposes of the task force.
    Subsection (b) would provide the authorities necessary to: 
facilitate agency representation to the task force; make staff, 
equipment, and other resources available to support the task 
force; and, to the extent possible and consistent with 
applicable law, extend the relevant statutory authorities of 
each department or agency participating in the task force to 
the other departments and agencies participating in the task 
force. The Secretary and the head of each department or agency 
providing personnel for the task force would be authorized, at 
their discretion, to develop interagency plans and budgets and 
engage in interagency financing for purposes of this 
subsection. The Secretary would be required, not later than 180 
days after the task force is established, to develop a 5-year 
strategic plan for guiding interagency and intergovernmental 
fisheries enforcement efforts to carry out the provisions of 
this Act, and would be required to update the plan at least 
once every 5 years.
    Subsection (b) also would authorize the Secretary, in 
coordination with the head of each department and agency 
providing personnel for the task force, to: conduct joint 
operations in support of the authorized purposes of the task 
force; create and participate in committees or other working 
groups with other Federal, State, or local government entities, 
and with the governments of other nations, for such purposes; 
and enter into agreements with other Federal, State, or local 
government entities, as well as with foreign governments, on a 
reimbursable basis or otherwise, for such purposes.
    Subsection (c) would provide that an authorized officer, 
while operating under an agreement with the Secretary under 
section 101 of this Act or conducting a joint operation for the 
authorized purposes of the task force, shall have the powers 
and authority provided in section 101.

Section 202. International Cooperation and Assistance

    This section would provide the Secretary with authorities 
to improve international cooperation and assistance in fishery 
conservation and management.
    Subsection (a) would authorize the Secretary to provide 
international cooperation and assistance for international 
capacity building efforts.
    Subsection (b) would provide that, in carrying out this 
section, the Secretary may: (1) provide technical expertise to 
other nations to assist them in addressing IUU fishing 
activities; (2) provide technical expertise to other nations to 
assist them in reducing the loss and environmental impacts of 
derelict fishing gear, reducing the bycatch of living marine 
resources, and promoting international marine resource 
conservation; (3) provide technical expertise, and training, in 
cooperation with the task force established under section 201 
of this Act, to other nations to aid them in building capacity 
for enhanced fisheries management, fisheries monitoring, catch 
and trade tracking activities, enforcement, and international 
marine resource conservation; (4) establish partnerships with 
other Federal agencies, as appropriate, to ensure that 
fisheries development assistance to other nations is directed 
toward efforts that promote sustainable fisheries; (5) conduct 
outreach and education efforts in order to promote public and 
private sector awareness of international fisheries 
sustainability issues, including the need to combat IUU fishing 
activity and to promote international marine resource 
conservation; (6) use, with their consent, with reimbursement 
and subject to the limits of available appropriations, the 
land, services, equipment, personnel, and facilities of any 
department, agency, or instrumentality of the United States or 
other government entity or international organization, for 
purposes related to carrying out the responsibilities of any 
statute administered by the National Oceanic and Atmospheric 
Administration; and accept and expend funds from other Federal 
agencies or foreign governments to carry out the purposes of 
this section.
    Subsection (c) would authorize the Secretary to establish 
guidelines as necessary to implement this section.

                  title iii. miscellaneous amendments


Section 301. Atlantic Tunas Convention Act of 1975

    This section would amend section 6 of the Atlantic Tunas 
Convention Act of 1975, to provide the Secretary with authority 
for expedited implementation of recommendations by the 
International Commission for the Conservation of Atlantic Tunas 
concerning trade restrictive measures against a nation or 
fishing entity under the Convention for the Conservation of 
Atlantic Tunas.

Section 302. Data Sharing

    This section would amend the Moratorium Protection Act and 
the MSA to authorize the Secretary to share information, as 
necessary and appropriate, with other government entities and 
international organizations.

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

    This section would amend the High Seas Fishing Compliance 
Act of 1995 (16 U.S.C. 5501 et. seq.) to void a permit issued 
under that Act if: (1) one or more permits required for a 
vessel to fish, in addition to the permit issued under that 
Act, expire, are revoked, or are suspended; or (2) the vessel 
is no longer eligible for U.S. documentation, such 
documentation is revoked or denied, or the vessel is deleted 
from such documentation.

Section 304. Committee on Scientific Cooperation for Pacific Salmon 
        Agreement

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

           title iv. implementation of the antigua convention


Section 401. Short Title; references to the Tuna Convention Act of 1950

    This section would provide that this title may be cited as 
the ``Antigua Convention Implementing Act of 2013,'' and that, 
except as otherwise expressly provided, all references in this 
title to a section or other provision are to a section or other 
provision of the Tuna Conventions Act of 1950, as amended.

Section 402. Definitions

    This section would amend section 2 to define the terms 
``Antigua Convention,'' ``Commission,'' ``Convention,'' 
``import,'' ``person,'' ``United States,'' ``United States 
Commissioners,'' and ``United States Section.''

Section 403. Commissioners; Number, Appointment, and Qualifications

    This section would amend section 3 to provide that the 
United States shall be represented on the Inter-American 
Tropical Tuna Commission by 5 Commissioners, whom the President 
shall appoint to serve on the Commission at the pleasure of the 
President. It would require that, in making the appointments, 
the President select Commissioners from among individuals who 
are experts on highly migratory fish stocks in the eastern 
tropical Pacific Ocean, with one Commissioner from each of the 
Department of Commerce, the Western Pacific Fishery Management 
Council, and the Pacific Fishery Management Council. It would 
provide that not more than 2 Commissioners may be appointed who 
reside in a State whose vessels do not maintain a substantial 
fishery in the area of the Convention. Section 3 as amended 
also would allow for an Alternate U.S. Commissioner to be 
appointed in the case of a Commissioner's absence, and would 
specify certain details regarding Commissioners' employment 
status, compensation, and travel expenses.

Section 404. General Advisory Committee and Scientific Advisory 
        Subcommittee

    This section would amend section 4 to provide for the 
appointment of a General Advisory Committee and a Scientific 
Advisory Subcommittee. It would authorize the Secretary, in 
consultation with the Secretary of State, to appoint the 
General Advisory Committee, and require that it consist of no 
more than 25 individuals representing various groups, including 
nongovernmental conservation organizations. Members of the 
Committee would be appointed for three year terms and be 
eligible for reappointment. The Committee would be invited to 
attend all non-executive meetings of the United States Section 
and would provide advice on Commission matters. Section 4 as 
amended would authorize the Secretary, in consultation with the 
Secretary of State, to appoint a Scientific Advisory 
Subcommittee of no less than 5 nor more than 15 qualified 
scientists, to advise the General Advisory Committee on fishery 
conservation and management matters. It would also provide 
certain authorities for both the Committee and the Subcommittee 
regarding their organization, public participation in meetings, 
information sharing with the Secretary and the Secretary of 
State, and administrative matters.

Section 405. Rulemaking

    This section would amend section 6 to authorize 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, to promulgate 
regulations necessary to carry out United States obligations 
under the Convention and the Tuna Conventions Act of 1950 as 
amended. These regulations would be applicable to all vessels 
and persons subject to the jurisdiction of the United States, 
including United States flag vessels wherever they may be 
operating.

Section 406. Prohibited Acts

    This section would amend section 8 to make it unlawful for 
any person (1) to violate any provision of this chapter or any 
regulation or permit issued under the Tuna Conventions Act of 
1950, as amended by the Antigua Convention Implementing Act of 
2013; (2) to use any fishing vessel to engage in fishing after 
the revocation or during the period of suspension of an 
applicable permit issued pursuant to the Act; (3) to refuse to 
permit any officer authorized to enforce the provisions of the 
Act to board a fishing vessel to conduct a search, 
investigation, or inspection in connection with the enforcement 
of the Act or any regulation, permit, or the Convention; (4) to 
forcibly assault, resist, oppose, impede, intimidate, sexually 
harass, bribe, or interfere with any such authorized officer in 
the conduct of any search, investigations or inspection in 
connection with the enforcement of the Act or any regulation, 
permit, or the Convention; (5) to resist a lawful arrest for 
any act prohibited by the Act; (6) to ship, transport, offer 
for sale, sell, purchase, import, export, or have custody, 
control, or possession of, any fish taken or retained in 
violation of the Act or any regulation, permit, or agreement 
referred to in prohibited acts (1) or (2) above; (7) to 
interfere with, delay, or prevent, by any means, the 
apprehension or arrest of another person, knowing that such 
other person has committed any act prohibited by this section; 
(8) to knowingly and willfully submit to the Secretary false 
information regarding any matter that the Secretary is 
considering in the course of carrying out the Act; (9) to 
forcibly assault, resist, oppose, impede, intimidate, sexually 
harass, bribe, attempt to bribe, or interfere with any observer 
on a vessel under the Convention, or any data collector 
employed by the NMFS or under contract to any person to carry 
out responsibilities under the Act; (10) to engage in fishing 
in violation of any regulation adopted pursuant to section 6 of 
the Act; (11) to ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or 
control any fish taken or retained in violation of such 
regulations; (12) to fail to make, keep, or furnish any catch 
returns, statistical records, or other reports as are required 
by regulations adopted pursuant to the Act to be made, kept, or 
furnished; (13) to fail to stop a vessel upon being hailed and 
instructed to stop by a duly authorized official of the United 
States; or (14) to import any fish in any form in violation of 
any regulation adopted pursuant to section 6 of the Act.

Section 407. Enforcement

    This section would amend section 10 to provide that the 
Tuna Conventions Act of 1950, as amended, shall be enforced 
under section 101 of the International Fisheries Stewardship 
and Enforcement Act.

Section 408. Reduction of Bycatch

    This section would make a technical correction to section 
15.

Section 409. Repeal of Eastern Pacific Tuna Licensing Act of 1984

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

Section 410. Conforming Amendments to the Marine Mammal Protection Act 
        of 1972

    This section would make conforming amendments to sections 
101, 108, and 307 of the Marine Mammal Protection Act of 1972 
necessary as a result of the amendments that would be made by 
this title to the Tuna Conventions Act of 1950.

                        Changes in Existing Law

    In compliance with paragraph 12 of rule XXVI of the 
Standing Rules of the Senate, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
material is printed in italic, existing law in which no change 
is proposed is shown in roman):

          HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

                       [16 U.S.C. 1826d et seq.]

SEC. 606. ENFORCEMENT.

                           [16 U.S.C. 1826g]

  (a)   Detecting, Monitoring, and Preventing Violations._ The 
President shall utilize appropriate assets of the Department of 
Defense, the United States Coast Guard, and other Federal 
agencies to detect, monitor, and prevent violations of the 
United Nations moratorium on large-scale driftnet fishing on 
the high seas for all fisheries under the jurisdiction of the 
United States and, in the case of fisheries not under the 
jurisdiction of the United States, to the fullest extent 
permitted under international law.
  (b) Enforcement.--This Act shall be enforced under section 
101 of the International Fisheries Stewardship and Enforcement 
Act.

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

                           [16 U.S.C. 1826h]

  The Secretary, in consultation with the Secretary of State, 
shall provide to Congress, by not later than 2 years after the 
date of enactment of the Magnuson-Stevens Fishery Conservation 
and Management Reauthorization Act of 2006, and not later than 
June 1 every 2 years thereafter, a report that includes--
          (1) the state of knowledge on the status of 
        international living marine resources shared by the 
        United States or subject to treaties or agreements to 
        which the United States is a party, including a list of 
        all such fish stocks classified as overfished, 
        overexploited, depleted, endangered, or threatened with 
        extinction by any international or other authority 
        charged with management or conservation of living 
        marine resources;
          (2) a list of nations [whose vessels] that have been 
        identified under section 609(a) or 610(a), including 
        the specific offending activities and any subsequent 
        actions taken pursuant to section 609 or 610;
          (3) a description of efforts taken by nations on 
        those lists to comply take appropriate corrective 
        action consistent with sections 609 and 610, and an 
        evaluation of the progress of those efforts, including 
        steps taken by the United States to implement those 
        sections and to improve international compliance;
          (4) progress at the international level, consistent 
        with section 608, to strengthen the efforts of 
        international fishery management organizations to end 
        illegal, unreported, or unregulated fishing; and
          (5) steps taken by the Secretary at the international 
        level to adopt international measures comparable to 
        those of the United States to reduce impacts of fishing 
        and other practices on protected living marine 
        resources, if no international agreement to achieve 
        such goal exists, or if the relevant international 
        fishery or conservation organization has failed to 
        implement effective measures to end or reduce the 
        adverse impacts of fishing practices on such species.

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

                           [16 U.S.C. 1826i]

  (a)   In general._ The Secretary, in consultation with the 
Secretary of State, and in cooperation with relevant fishery 
management councils and any relevant advisory committees, shall 
take actions to improve the effectiveness of international 
fishery management [organizations] organizations, or 
arrangements made pursuant to an international fishery 
agreement (as defined in section 3(24) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1802(24))), 
in conserving and managing fish stocks under their 
jurisdiction. These actions shall include--
          (1) urging international fishery management 
        organizations to which the United States is a member--
                  (A) to incorporate multilateral market-
                related measures against member or nonmember 
                governments whose vessels engage in illegal, 
                unreported, or unregulated fishing;
                  (B) to seek adoption of lists that identify 
                fishing vessels and vessel owners engaged in 
                illegal, unreported, or unregulated fishing 
                that can be shared among all members and other 
                international fishery management organizations;
                  (C) to seek international adoption of a 
                centralized vessel monitoring system in order 
                to monitor and document capacity in fleets of 
                all nations involved in fishing in areas under 
                an international fishery management 
                organization's jurisdiction;
                  (D) to increase use of observers and 
                technologies needed to monitor compliance with 
                conservation and management measures 
                established by the organization, including 
                vessel monitoring systems and automatic 
                identification systems;
                  (E) to seek adoption of stronger port state 
                controls in all nations, particularly those 
                nations in whose ports vessels engaged in 
                illegal, unreported, or unregulated fishing 
                land or transship fish; and
                  (F) to adopt shark conservation measures, 
                including measures to prohibit removal of any 
                of the fins of a shark (including the tail) and 
                discarding the carcass of the shark at sea;
          (2) urging international fishery management 
        organizations to which the United States is a member, 
        as well as all members of those organizations, to adopt 
        and expand the use of market-related measures to combat 
        illegal, unreported, or unregulated fishing, 
        including--
                  (A) import prohibitions, landing 
                restrictions, or other market-based measures 
                needed to enforce compliance with international 
                fishery management organization measures, such 
                as quotas and catch limits;
                  (B) import restrictions or other market-based 
                measures to prevent the trade or importation of 
                fish caught by vessels identified 
                multilaterally as engaging in illegal, 
                unreported, or unregulated fishing; and
                  (C) catch documentation and certification 
                schemes to improve tracking and identification 
                of catch of vessels engaged in illegal, 
                unreported, or unregulated fishing, including 
                advance transmission of catch documents to 
                ports of entry;
          (3) seeking to enter into international agreements 
        that require measures for the conservation of sharks, 
        including measures to prohibit removal of any of the 
        fins of a shark (including the tail) and discarding the 
        carcass of the shark at sea, that are comparable to 
        those of the United States, taking into account 
        different conditions; [and]
          (4) urging other nations at bilateral, regional, and 
        international levels, including the Convention on 
        International Trade in Endangered Species of Fauna and 
        Flora and the World Trade Organization to take all 
        steps necessary, consistent with international law, to 
        adopt measures and policies that will prevent fish or 
        other living marine resources harvested by vessels 
        engaged in illegal, unreported, or unregulated fishing 
        from being traded or imported into their nation or 
        [territories.] territories; and
          (5) urging other nations, through the regional 
        fishery management organizations of which the United 
        States is a member, bilaterally and otherwise to seek 
        and foster the sharing of accurate, relevant, and 
        timely information--
                  (A) to improve the scientific understanding 
                of marine ecosystems;
                  (B) to improve fisheries management 
                decisions;
                  (C) to promote the conservation of protected 
                living marine resources;
                  (D) to combat illegal, unreported, and 
                unregulated fishing; and
                  (E) to improve compliance with conservation 
                and management measures in international 
                waters.
  (b) Information Sharing.--In carrying out this section, the 
Secretary may disclose, as necessary and appropriate, 
information to the Food and Agriculture Organization formed at 
Quebec, Canada, on October 16, 1945, international fishery 
management organizations, or arrangements made pursuant to an 
international fishery agreement, if such organizations or 
arrangements have policies and procedures to safeguard such 
information from unintended or unauthorized disclosure.
  (c) Vessels and Vessel Owners Engaged in Illegal, Unreported, 
or Unregulated Fishing.--The Secretary may--
          (1) develop, maintain, and make public a list of 
        vessels and vessel owners that are engaged, or have 
        been engaged at any point during the preceding 2 years, 
        in illegal, unreported, or unregulated fishing, 
        including vessels or vessel owners identified by an 
        international fishery management organization or 
        arrangement made pursuant to an international fishery 
        agreement, whether or not the United States is a party 
        to such organization or arrangement;
          (2) take appropriate action against listed vessels 
        and vessel owners, including action against fish, fish 
        parts, or fish products from such vessels, in 
        accordance with applicable United States law and 
        consistent with applicable international law, including 
        principles, rights, and obligations established in 
        applicable international fishery management and trade 
        agreements; and
          (3) provide notification to the public of vessels and 
        vessel owners identified by international fishery 
        management organizations or arrangements made pursuant 
        to an international fishery agreement as having been 
        engaged in illegal, unreported, or unregulated fishing, 
        as well as any measures adopted by such organizations 
        or arrangements to address illegal, unreported, or 
        unregulated fishing.
  (d) Restrictions on Port Access or Use.--Action taken by the 
Secretary under subsection (c)(2) that includes measures to 
restrict use of or access to ports or port services shall apply 
to all ports of the United States and its territories.
  (e) Regulations.--The Secretary may promulgate regulations to 
implement subsections (c) and (d).

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

                           [16 U.S.C. 1826j]

  [(a) Identification.--The Secretary shall identify, and list 
in the report under section 607, a nation if fishing vessels of 
that nation are engaged, or have been engaged at any point 
during the preceding 2 years, in illegal, unreported, or 
unregulated fishing--
          [(1) the relevant international fishery management 
        organization has failed to implement effective measures 
        to end the illegal, unreported, or unregulated fishing 
        activity by vessels of that nation or the nation is not 
        a party to, or does not maintain cooperating status 
        with, such organization; or
          [(2) where no international fishery management 
        organization exists with a mandate to regulate the 
        fishing activity in question.]
  (a) Identification.--
          (1) In general.--The Secretary shall identify, and 
        list in the report under section 607, a nation if that 
        nation is engaged, or has been engaged at any time 
        during the preceding 3 years, in illegal, unreported, 
        or unregulated fishing and--
                  (A) such fishing undermines the effectiveness 
                of measures required under the relevant 
                international fishery management organization;
                  (B) the relevant international fishery 
                management organization has failed to implement 
                effective measures to end the illegal, 
                unreported, or unregulated fishing activity by 
                vessels of that nation, or the nation is not a 
                party to, or does not maintain cooperating 
                status with, such organization; or
                  (C) there is no international fishery 
                management organization with a mandate to 
                regulate the fishing activity in question.
          (2) Other identifying activities.--The Secretary 
        shall also identify, and list in the report under 
        section 607, a nation if--
                  (A) it is violating, or has violated at any 
                time during the preceding 3 years, conservation 
                and management measures required under an 
                international fishery management agreement to 
                which the United States is a party and the 
                violations undermine the effectiveness of such 
                measures, taking into account the factors 
                described in paragraph (1); or
                  (B) it is failing, or has failed at any time 
                during the preceding 3 years, to effectively 
                address or regulate illegal, unreported, or 
                unregulated fishing.
          (3) Treatment of certain entities as if they were 
        nations.--Where the provisions of this Act apply to the 
        act, or failure to act, of a nation, they shall also be 
        applicable, as appropriate, to any other entity that is 
        competent to enter into an international fishery 
        management agreement.

           *       *       *       *       *       *       *

  (d) IUU Certification Procedure.--
          (1) Certification.--The Secretary shall establish a 
        procedure, consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining if a nation identified under subsection (a) 
        and listed in the report under section 607 has taken 
        appropriate corrective action with respect to the 
        offending activities [of its fishing vessels] 
        identified in the report under section 607. The 
        certification procedure shall provide for notice and an 
        opportunity for comment by any such nation. The 
        Secretary shall determine, on the basis of the 
        procedure, and certify to the Congress no later than 90 
        days after the date on which the Secretary promulgates 
        a final rule containing the procedure, and biennially 
        thereafter in the report under section 607--
                  (A) whether the government of each nation 
                identified under subsection (a) has provided 
                documentary evidence that it has taken 
                corrective action with respect to the offending 
                activities [of its fishing vessels] identified 
                in the report; or
                  (B) whether the relevant international 
                fishery management organization has implemented 
                measures that are effective in ending the 
                illegal, unreported, or unregulated fishing 
                activity by vessels of that nation.
          (2) Alternative procedure.--The Secretary may 
        establish a [procedure for certification,] procedure, 
        on a shipment-by-shipment, shipper-by-shipper, or other 
        [basis of fish] basis, for allowing importation of fish 
        or fish products from a vessel of a [harvesting nation 
        not certified under paragraph (1)] nation issued a 
        negative certification under paragraph (1) if the 
        Secretary determines that--
                  (A) the vessel has not engaged in illegal, 
                unreported, or unregulated fishing [under an 
                international fishery management agreement to 
                which the United States is a party; or] ; and
                  (B) the vessel is not identified by an 
                international fishery management organization 
                as participating in illegal, unreported, or 
                unregulated fishing activities.
          (3) Effect of certification.--
                  (A) In general.--The provisions of section 
                101(a) and section 101(b)(3) and (4) of this 
                Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))--
                          (i) shall apply to any nation 
                        identified under subsection (a) [that 
                        has not been certified by the Secretary 
                        under this subsection, or] for which 
                        the Secretary has issued a negative 
                        certification under this subsection; 
                        but
                          (ii) shall not apply to any nation 
                        identified under subsection (a) for 
                        which the Secretary has issued a 
                        positive certification under this 
                        subsection.
                  (B) Exceptions.--Subparagraph (A)(i) does not 
                apply--
                          (i) to the extent that such 
                        provisions would apply to sport fishing 
                        equipment or to fish or fish products 
                        not managed under the applicable 
                        international fishery agreement; or
                          (ii) if there is no applicable 
                        international fishery agreement, to the 
                        extent that such provisions would apply 
                        to fish or fish products caught by 
                        vessels not engaged in illegal, 
                        unreported, or unregulated fishing.
  (e) Illegal, Unreported, or Unregulated Fishing Defined.--
          (1) In general.--In this Act the term ``illegal, 
        unreported, or unregulated fishing'' has the meaning 
        established under paragraph (2).
          (2) Secretary to define term within legislative 
        guidelines.--[Within 3 months after the date of 
        enactment of the Magnuson-Stevens Fishery Conservation 
        and Management Reauthorization Act of 2006] Not later 
        than 180 days after the date of enactment of the 
        International Fisheries Stewardship and Enforcement 
        Act, the Secretary shall publish a definition of the 
        term ``illegal, unreported, or unregulated fishing'' 
        for purposes of this Act.
          (3) Guidelines.--The Secretary shall include in the 
        definition, at a minimum--
                  (A) fishing activities that violate 
                conservation and management measures required 
                under an international fishery management 
                agreement to which the United States is a 
                party, including catch limits or quotas, 
                capacity restrictions, bycatch reduction 
                requirements, and shark conservation measures;
                  (B) overfishing of fish stocks shared by the 
                United States, for which there are no 
                applicable international conservation or 
                management measures or in areas with no 
                applicable international fishery management 
                organization or agreement, that has adverse 
                impacts on such stocks; [and]
                  (C) fishing activity that has an adverse 
                impact on seamounts, hydrothermal vents, and 
                cold water corals located beyond national 
                jurisdiction, for which there are no applicable 
                conservation or management measures or in areas 
                with no applicable international fishery 
                management organization or [agreement.] 
                agreement; and
                  (D) to the extent possible--
                          (i) fishing activities conducted by 
                        foreign vessels in waters under the 
                        jurisdiction of a nation without 
                        permission of that nation; and
                          (ii) fishing activities conducted by 
                        foreign vessels in contravention of a 
                        nation's laws (including regulations), 
                        including fishing activity that has not 
                        been reported or that has been 
                        misreported to the relevant national 
                        authority of a nation in contravention 
                        of that nation's laws (including 
                        regulations).

           *       *       *       *       *       *       *


SEC. 610. EQUIVALENT CONSERVATION MEASURES.

                           [16 U.S.C. 1826k]

  (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] 3 years in fishing 
                activities or [practices;] practices--
                          (i) in waters beyond any national 
                        jurisdiction that result in bycatch of 
                        a protected living marine resource; or
                          (ii) beyond the exclusive economic 
                        zone of the United States that result 
                        in bycatch of a protected living marine 
                        resource shared by the United States;
                  (B) the relevant international organization 
                for the conservation and protection of such 
                resources or the relevant international or 
                regional fishery organization has failed to 
                implement effective measures to end or reduce 
                such bycatch, or the nation is not a party to, 
                or does not maintain cooperating status with, 
                such organization; and
                  (C) the nation has not adopted a regulatory 
                program governing such fishing practices 
                designed to end or reduce such bycatch that is 
                comparable to that of the United States, taking 
                into account different conditions; and
          (2) a nation if--
                  (A) fishing vessels of that nation are 
                engaged, or have been engaged during the 
                preceding [calendar year] 3 years, in fishing 
                activities or practices in waters beyond any 
                national jurisdiction that target or 
                incidentally catch sharks; and
                  (B) the nation has not adopted a regulatory 
                program to provide for the conservation of 
                sharks, including measures to prohibit removal 
                of any of the fins of a shark (including the 
                tail) and discarding the carcass of the shark 
                at sea, that is comparable to that of the 
                United States, taking into account different 
                conditions.

           *       *       *       *       *       *       *

  (c) Conservation Certification Procedure.--
          (1) Determination.--The Secretary shall establish a 
        procedure consistent with the provisions of subchapter 
        II of chapter 5 of title 5, United States Code, for 
        determining whether the government of a harvesting 
        nation identified under subsection (a) and listed in 
        the report under section 607--
                  (A) has provided documentary evidence of the 
                adoption of a regulatory program governing the 
                conservation of the protected living marine 
                resource that is comparable to that of the 
                United States, taking into account different 
                conditions, and which, in the case of pelagic 
                longline fishing, includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer programs; 
                and
                  (B) has established a management plan 
                containing requirements that will assist in 
                gathering species-specific data to support 
                international stock assessments and 
                conservation enforcement efforts for protected 
                living marine resources.
          (2) Procedural requirement.--The procedure 
        established by the Secretary under paragraph (1) shall 
        include notice and opportunity for comment by any such 
        nation.
          (3) Certification.--The Secretary shall certify to 
        the Congress by January 31, 2007, and biennially 
        thereafter whether each such nation has provided the 
        documentary evidence described in paragraph (1)(A) and 
        established a management plan described in paragraph 
        (1)(B).
          (4) Alternative procedure.--The Secretary shall 
        establish a procedure for certification, on a shipment-
        by-shipment, shipper-by-shipper, or other basis of fish 
        or fish products from a vessel of a harvesting nation 
        not certified under paragraph (3) if the Secretary 
        determines that such imports were harvested by 
        practices that do not result in bycatch of a protected 
        marine species, or were harvested by practices that--
                  (A) are comparable to those of the United 
                States, taking into account different 
                conditions, and which, in the case of pelagic 
                longline fishing, includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer programs; 
                and
                  (B) include the gathering of species specific 
                data that can be used to support international 
                and regional stock assessments and conservation 
                efforts for protected living marine resources.
          (5) Effect of certification.--The provisions of 
        section 101(a) and section 101(b)(3) and (4) of this 
        Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to 
        the extent that such provisions apply to sport fishing 
        equipment [or fish or fish products not caught by the 
        vessels engaged in illegal, unreported, or unregulated 
        fishing]) shall apply to any nation identified under 
        subsection (a) [that has not been certified by the 
        Secretary under this subsection, or] for which the 
        Secretary has issued a negative certification under 
        this subsection, but shall not apply to any nation 
        identified under subsection (a) for which the Secretary 
        has issued a positive certification under this 
        subsection.

           *       *       *       *       *       *       *


              DOLPHIN PROTECTION CONSUMER INFORMATION ACT

                            [16 U.S.C. 1385]

SEC. 901. DOLPHIN PROTECTION.

           *       *       *       *       *       *       *


  (d) Labeling Standard.--
          (1) It is a violation of section 5 of the Federal 
        Trade Commission Act (15 U.S.C. 45) for any producer, 
        importer, exporter, distributor, or seller of any tuna 
        product that is exported from or offered for sale in 
        the United States to include on the label of that 
        product the term ``dolphin safe'' or any other term or 
        symbol that falsely claims or suggests that the tuna 
        contained in the product were harvested using a method 
        of fishing that is not harmful to dolphins if the 
        product contains tuna harvested--
                  (A) on the high seas by a vessel engaged in 
                driftnet fishing;
                  (B) outside the eastern tropical Pacific 
                Ocean by a vessel using purse seine nets--
                          (i) in a fishery in which the 
                        Secretary has determined that a regular 
                        and significant association occurs 
                        between dolphins and tuna (similar to 
                        the association between dolphins and 
                        tuna in the eastern tropical Pacific 
                        Ocean), unless such product is 
                        accompanied by a written statement, 
                        executed by the captain of the vessel 
                        and an observer participating in a 
                        national or international program 
                        acceptable to the Secretary, certifying 
                        that no purse seine net was 
                        intentionally deployed on or used to 
                        encircle dolphins during the particular 
                        voyage on which the tuna were caught 
                        and no dolphins were killed or 
                        seriously injured in the sets in which 
                        the tuna were caught; or
                          (ii) in any other fishery (other than 
                        a fishery described in subparagraph 
                        (D)) unless the product is accompanied 
                        by a written statement executed by the 
                        captain of the vessel certifying that 
                        no purse seine net was intentionally 
                        deployed on or used to encircle 
                        dolphins during the particular voyage 
                        on which the tuna was harvested;
                  (C) in the eastern tropical Pacific Ocean by 
                a vessel using a purse seine net unless the 
                tuna meet the requirements for being considered 
                dolphin safe under paragraph (2); or
                  (D) by a vessel in a fishery other than one 
                described in subparagraph (A), (B), or (C) that 
                is identified by the Secretary as having a 
                regular and significant mortality or serious 
                injury of dolphins, unless such product is 
                accompanied by a written statement executed by 
                the captain of the vessel and an observer 
                participating in a national or international 
                program acceptable to the Secretary that no 
                dolphins were killed or seriously injured in 
                the sets or other gear deployments in which the 
                tuna were caught, provided that the Secretary 
                determines that such an observer statement is 
                necessary.
          (2) For purposes of paragraph (1)(C), a tuna product 
        that contains tuna harvested in the eastern tropical 
        Pacific Ocean by a vessel using purse seine nets is 
        dolphin safe if--
                  (A) the vessel is of a type and size that the 
                Secretary has determined, consistent with the 
                International Dolphin Conservation Program, is 
                not capable of deploying its purse seine nets 
                on or to encircle dolphins; or
                  (B) (i) the product is accompanied by a 
                written statement executed by the captain 
                providing the certification required under 
                subsection (h);
                          (ii) the product is accompanied by a 
                        written statement executed by--
                                  (I) the Secretary or the 
                                Secretary's designee;
                                  (II) a representative of the 
                                Inter-American Tropical Tuna 
                                Commission; or
                                  (III) an authorized 
                                representative of a 
                                participating nation whose 
                                national program meets the 
                                requirements of the 
                                International Dolphin 
                                Conservation Program, which 
                                states that there was an 
                                observer approved by the 
                                International Dolphin 
                                Conservation Program on board 
                                the vessel during the entire 
                                trip and that such observer 
                                provided the certification 
                                required under subsection (h); 
                                and
                          (iii) the statements referred to in 
                        clauses (i) and (ii) are endorsed in 
                        writing by each exporter, importer, and 
                        processor of the product; and
                  (C) the written statements and endorsements 
                referred to in subparagraph (B) comply with 
                regulations promulgated by the Secretary which 
                provide for the verification of tuna products 
                as dolphin safe.
          (3) (A) The Secretary of Commerce shall develop an 
        official mark that may be used to label tuna products 
        as dolphin safe in accordance with this Act.
                  (B) A tuna product that bears the dolphin 
                safe mark developed under subparagraph (A) 
                shall not bear any other label or mark that 
                refers to dolphins, porpoises, or marine 
                mammals.
                  (C) It is a violation of section 5 of the 
                Federal Trade Commission Act (15 U.S.C. 45) to 
                label a tuna product with any label or mark 
                that refers to dolphins, porpoises, or marine 
                mammals other than the mark developed under 
                subparagraph (A) unless--
                          (i) no dolphins were killed or 
                        seriously injured in the sets or other 
                        gear deployments in which the tuna were 
                        caught;
                          (ii) the label is supported by a 
                        tracking and verification program which 
                        is comparable in effectiveness to the 
                        program established under subsection 
                        (f); and
                          (iii) the label complies with all 
                        applicable labeling, marketing, and 
                        advertising laws and regulations of the 
                        Federal Trade Commission, including any 
                        guidelines for environmental labeling.
                  (D) If the Secretary determines that the use 
                of a label referred to in subparagraph (C) is 
                substantially undermining the conservation 
                goals of the International Dolphin Conservation 
                Program, the Secretary shall report that 
                determination to the United States Senate 
                Committee on Commerce, Science, and 
                Transportation and the United States House of 
                Representatives Committees on Resources and on 
                Commerce, along with recommendations to correct 
                such problems.
                  (E) It is a violation of section 5 of the 
                Federal Trade Commission Act (15 U.S.C. 45) 
                willingly and knowingly to use a label referred 
                to in subparagraph (C) in a campaign or effort 
                to mislead or deceive consumers about the level 
                of protection afforded dolphins under the 
                International Dolphin Conservation Program.
          (4) It is a violation of section 101 of the 
        International Fisheries Stewardship and Enforcement Act 
        for any person to assault, resist, oppose, impede, 
        intimidate, or interfere with an authorized officer in 
        the conduct of any search, investigation or inspection 
        under this Act.
  [(e) Enforcement.--Any person who knowingly and willfully 
makes a statement or endorsement described in subsection 
(d)(2)(B) that is false is liable for a civil penalty of not to 
exceed $100,000 assessed in an action brought in any 
appropriate district court of the United States on behalf of 
the Secretary.]
  (e) Enforcement.--This Act shall be enforced under section 
101 of the International Fisheries Stewardship and Enforcement 
Act.

           *       *       *       *       *       *       *


              NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992

                        [16 U.S.C. 5001 et seq.]

SEC. 810. UNLAWFUL ACTIVITIES.

  It is unlawful for any person or fishing vessel subject to 
the jurisdiction of the United States--
          (1) to fish for any anadromous fish in the Convention 
        area;
          (2) to retain on board any anadromous fish taken 
        incidentally in a fishery directed at nonanadromous 
        fish in the Convention area;
          (3) to fail to return immediately to the sea any 
        anadromous fish taken incidentally in a fishery 
        directed at nonanadromous fish in the Convention area;
          (4) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any anadromous fish taken or retained in 
        violation of the Convention, this title, or any 
        regulation issued under this title;
          (5) to refuse to permit any enforcement officer to 
        board a fishing vessel subject to such person's control 
        for [purchases] purposes of conducting any [search or 
        inspection] search, investigation, or inspection in 
        connection with the enforcement of the Convention, this 
        title, or any regulation issued under this title;
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any enforcement officer 
        in the conduct of any [search or inspection] search, 
        investigation, or inspection described in paragraph 
        (5);
          (7) to resist a lawful arrest or detection for any 
        act prohibited by this section;
          (8) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of 
        another person, knowing that such person has committed 
        any act prohibited by this section; or
          (9) to violate any provision of the Convention, this 
        title, or any regulation issued under this title.

SEC. 811. PENALTIES.

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

SEC. 811. ADMINISTRATION AND ENFORCEMENT.

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

                   PACIFIC SALMON TREATY ACT OF 1985

                        [16 U.S.C. 3631 et seq.]

SEC. 8. PROHIBITED ACTS AND PENALTIES.

                            [16 U.S.C. 3637]

  (a) Unlawful Acts.--It is unlawful for any person or vessel 
subject to the jurisdiction of the United States--
          (1) to violate any provision of this title, or of any 
        regulation adopted hereunder, or of any Fraser River 
        Panel regulation approved by the United States under 
        the Treaty;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this title to board a fishing 
        vessel subject to such person's control for purposes of 
        conducting any [search or inspection] search, 
        investigation, or inspection in connection with the 
        enforcement of this title;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any [search or inspection] 
        search, investigation, or inspection described in 
        subparagraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this title; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section.
  [(b) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) of this section shall be liable 
to the United States for a civil penalty as provided by section 
308 of the Magnuson Act (16 U.S.C. 1858).
  [(c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection 
(a) of this section shall be guilty of an offense punishable as 
provided by section 309(b) of the Magnuson Act (16 U.S.C. 
1859(b)).
  [(d) Forfeiture.--
          [(1) Any vessel (including its gear, furniture, 
        appurtenances, stores, and cargo) used in the 
        commission of an act which is prohibited under 
        subsection (a) of this section, and any fish (or the 
        fair market value thereof) taken or retained, in any 
        manner, in connection with or as a result of the 
        commission of any act which is prohibited by subsection 
        (a) of this section, shall be subject to forfeiture as 
        provided by section 310 of the Magnuson Act (16 U.S.C. 
        1860).
          [(2) Any fish seized pursuant to this title may be 
        disposed of pursuant to the order of a court of 
        competent jurisdiction or, if perishable, in a manner 
        prescribed by regulation of the Secretary.
  [(e) Enforcement Authority.--The Secretary and the Secretary 
of the Department in which the Coast Guard is operating shall 
enforce the provisions of this title and shall have the 
authority provided by subsections 311 (a), (b)(1), and (c) of 
the Magnuson Act (16 U.S.C. 1861 (a), (b)(1), and (c)).
  [(f) Jurisdiction.--The district courts of the United States 
shall have exclusive jurisdiction over any case or controversy 
arising under this section and may, at any time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interest 
        of justice.]
  (b) Administration and Enforcement.--This Act shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.

SEC. 11. ADMINISTRATIVE MATTERS.

                            [16 U.S.C. 3640]

  (a) Compensation of Commissioners and Alternate 
Commissioners.--Commissioners and Alternate Commissioners who 
are not State or Federal employees shall receive compensation 
at the daily rate of GS-18 of the General Schedule when engaged 
in the actual performance of duties for the United States 
Section or for the Commission.
  (b) Compensation of Panel Members and Alternate Panel 
Members.--Panel Members and Alternate Panel Members who are not 
State or Federal employees shall receive compensation at the 
daily rate of GS-16 of the General Schedule when engaged in the 
actual performance of duties for the United States Section or 
for the Commission.
  (c) Compensation of Committee on Scientific Cooperation 
Members.--Members of the Committee on Scientific Cooperation 
who are not State or Federal employees shall receive 
compensation at a rate equivalent to the rate payable for level 
IV of the Executive Schedule under section 5315 of title 5, 
United States Code, when engaged in actual performance of 
duties for the Commission.
  [(c)] (d) Travel; Other Expenses.--Travel and other necessary 
expenses shall be paid for all United States Commissioners, 
Alternate Commissioners, Panel Members, Alternate Panel 
Members, members of the Joint Technical Committee, and members 
of the Advisory Committee when engaged in the actual 
performance of duties for the United States Section or for the 
Commission.
  [(d)] (e) Individuals Not Considered Federal Employees.--
Except for officials of the United States Government, such 
individuals shall not be considered to be Federal employees 
while engaged in the actual performance of duties for the 
United States Section or for the Commission, except for the 
purposes of injury compensation or tort claims liability as 
provided in chapter 81 of title 5, United States Code, and 
chapter [71]  171 of title 28, United States Code.

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

[16 U.S.C. 3645]

           *       *       *       *       *       *       *


  (d) Authorization of Appropriations--
          (1) Pacific Salmon Treaty.--
                  (A) For capitalizing the Northern Fund there 
                is authorized to be appropriated in fiscal 
                years 2000, 2001, 2002, and 2003 a total of 
                $75,000,000.
                  (B) For capitalizing the Southern Fund there 
                is authorized to be appropriated in fiscal 
                years 2000, 2001, 2002, and 2003 a total of 
                $65,000,000.
                  (C) To provide economic adjustment assistance 
                to fishermen pursuant to the 1999 Pacific 
                Salmon Treaty Agreement, there is authorized to 
                be appropriated in fiscal years 2000, 2001, and 
                2002 a total of $30,000,000.
          (2) Pacific Coastal salmon recovery.--
                  (A) For salmon habitat restoration, salmon 
                stock enhancement, sustainable salmon 
                fisheries, and salmon research, including the 
                construction of salmon research and related 
                facilities, there is authorized to be 
                appropriated for each of fiscal years 2000, 
                2001, 2002, [and] 2003, 2005, 2006, 2007, 2008, 
                and 2009, $90,000,000 to the States of Alaska, 
                Washington, Oregon, Idaho, Nevada, and 
                California. Amounts appropriated pursuant to 
                this subparagraph shall be made available as 
                direct payments. The State of Alaska may 
                allocate a portion of any funds it receives 
                under this subsection to eligible activities 
                outside Alaska.
                  (B) For salmon habitat restoration, salmon 
                stock enhancement, salmon research, and 
                supplementation activities, there is authorized 
                to be appropriated in each of fiscal years 
                2000, 2001, 2002, and 2003, $10,000,000 to be 
                divided between the Pacific Coastal tribes (as 
                defined by the Secretary of Commerce) and the 
                Columbia River tribes (as defined by the 
                Secretary of Commerce).

                     SOUTH PACIFIC TUNA ACT OF 1988

                        [16 U.S.C. 973 et seq.]

SEC. 5. PROHIBITED ACTS.

                            [16 U.S.C. 973c]

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

[SEC. 7. CRIMINAL OFFENSES.

                            [16 U.S.C. 973e]

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

[SEC. 8. CIVIL PENALTIES.

                            [16 U.S.C. 973f]

  [(a) Determination of Liability; Amount; Participation by 
Secretary of State in Assessment Proceeding.--Any person who is 
found by the Secretary, after notice and an opportunity for a 
hearing in accordance with section 554 of title 5, United 
States Code, to have committed an act prohibited by section 5 
of this Act, shall be liable to the United States 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) Judicial Review of Assessment; Procedures Applicable.--
Any person against whom a civil penalty is assessed under 
subsection (a) of this section may obtain review thereof in the 
United States district court for the appropriate district by 
filing a complaint in such court within 30 days from the date 
of the order and by simultaneously serving a copy of the 
complaint by certified mail on the Secretary, the Attorney 
General of the United States, and the appropriate United States 
Attorney. The Secretary shall promptly file in the court a 
certified copy of the record upon which the violation was found 
or the penalty imposed. The findings and order of the Secretary 
shall be set aside or modified by the court if they are not 
found to be supported by substantial evidence, as provided in 
section 706(2) of title 5, United States Code.
  [(c) Failure to Pay Assessment of Civil Penalty; Recovery by 
Attorney General.--Except as provided in subsection (g) of this 
section, if any person fails to pay an assessment of a civil 
penalty after it has become a final and unappealable order, or 
after the appropriate court has entered final judgment in favor 
of the Secretary, the Secretary shall refer the matter to the 
Attorney General of the United States, who shall recover the 
amount assessed in any appropriate district court of the United 
States.
  [(d) In Rem Liability for Civil Penalty; Jurisdiction; 
Maritime Lien on Vessel.--Except as provided in subsection (g) 
of this section, a fishing vessel (including its fishing gear, 
furniture, appurtenances, stores, and cargo) used in the 
commission of an act prohibited by section 5 of this Act shall 
be liable in rem for any civil penalty assessed for the 
violation under section 8 of this Act and may be proceeded 
against in any district court of the United States having 
jurisdiction thereof. The penalty shall constitute a maritime 
lien on the vessel which may be recovered in an action in rem 
in the district court of the United States having jurisdiction 
over the vessel.
  [(e) Compromise, etc., of Civil Penalty.--The Secretary, 
after consultation with the Secretary of State, may compromise, 
modify, or remit, with or without conditions, any civil penalty 
which is subject to imposition or which has been imposed under 
this section.
  [(f) Conduct of Hearings.--For the purposes of conducting any 
hearing under this section, the Secretary may issue subpoenas 
for the attendance and testimony of witnesses and the 
production of relevant papers, books, and documents, and may 
administer oaths. Witnesses summoned shall be paid the same 
fees and mileage that are paid to witnesses in the courts of 
the United States. In case of contempt or refusal to obey a 
subpoena served upon a person pursuant to this subsection, the 
district court of the United States for any district in which 
the person is found, resides, or transacts business, upon 
application by the United States and after notice to the 
person, shall have jurisdiction to issue an order requiring the 
person to appear and give testimony before the Secretary or to 
appear and produce documents before the Secretary, or both, and 
any failure to obey the order of the court may be punished by 
the court as a contempt thereof.
  [(g) Waiver of Referral to Attorney General.--If a vessel 
used in a violation of section 5(a)(1), (2), (3), (4), (5), 
(6), (7), (8), (9), or (13) or section 5(b) of this Act for 
which a civil penalty has been assessed--
          [(1) had a valid license under the Treaty at the time 
        of the violation, and
          [(2) within 60 days after the penalty assessment has 
        become final, leaves and remains outside of the 
        Licensing Area, all Limited Areas closed to fishing, 
        and all Closed Areas until the final penalty has been 
        paid,
there shall be no referral to the Attorney General under 
subsection (c) of this section or in rem action under 
subsection (d) of this section in connection with such civil 
penalty.]

SEC. 7. ADMINISTRATION AND ENFORCEMENT.

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

        ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

                        [16 U.S.C. 2431 et seq.]

SEC. 306. UNLAWFUL ACTIVITIES.

                            [16 U.S.C. 2435]

  It is unlawful for any person--
          (1) to engage in harvesting or other associated 
        activities in violation of the provisions of the 
        Convention or in violation of a conservation measure in 
        force with respect to the United States pursuant to 
        article IX of the Convention;
          (2) to violate any regulation promulgated under this 
        title;
          (3) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control or 
        possession of, any Antarctic marine living resource (or 
        part or product thereof) [which he knows, or reasonably 
        should have known, was] harvested in violation of a 
        conservation measure in force with respect to the 
        United States pursuant to article IX of the Convention 
        or in violation of any regulation promulgated under 
        this title, without regard to the citizenship of the 
        person that harvested, or vessel that was used in the 
        harvesting of, the Antarctic marine living resource (or 
        part or product thereof);
          (4) to refuse to permit any authorized officer or 
        employee of the United States to board a vessel of the 
        United States or a vessel subject to the jurisdiction 
        of the United States for purposes of conducting any 
        [search or inspection] search, investigation, or 
        inspection in connection with the enforcement of the 
        Convention, this title, or any regulations promulgated 
        under this title;
          (5) to assault, resist, oppose, impede, intimidate, 
        or interfere with any authorized officer or employee of 
        the United States in the conduct of any [search or 
        inspection] search, investigation, or inspection 
        described in paragraph (4);
          (6) to resist a lawful arrest or detention for any 
        act prohibited by this section; or
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detention of 
        another person, knowing that such other person has 
        committed any act prohibited by this section.

SEC. 307. REGULATIONS.

                            [16 U.S.C. 2436]

  The Secretary of Commerce, after consultation with the 
Secretary of State, the Secretary of the department in which 
the Coast Guard is operating, and the heads of other 
appropriate departments or agencies of the United States, shall 
promulgate such regulations as are necessary and appropriate to 
implement the provisions of this title. Notwithstanding the 
provisions of subsections (b) and (c) of section 553 of title 
5, United States Code, the Secretary of Commerce may publish in 
the Federal Register a final rule to implement conservation 
measures that are in effect for 12 months or less, adopted by 
the Commission, and not objected to by the United States within 
the time period allotted under Article IX of the Convention.

[SEC. 308. CIVIL PENALTIES.

                            [16 U.S.C. 2437]

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

[SEC. 309. CRIMINAL OFFENSES.

                            [16 U.S.C. 2438]

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

SEC. 310. ENFORCEMENT.

                            [16 U.S.C. 2439]

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

                 ATLANTIC TUNAS CONVENTION ACT OF 1975

                        [16 U.S.C. 971 et seq.]

SEC. 6. ADMINISTRATION.

[16 U.S.C. 971d]

           *       *       *       *       *       *       *


  (c) Regulations and Other Measures to Carry Out Commission 
Recommendations.
          (1) (A) Upon favorable action by the Secretary of 
        State under section 5(a) of this Act on any 
        recommendation of the Commission made pursuant to 
        article VIII of the Convention, the Secretary shall 
        promulgate, pursuant to this subsection, such 
        regulations as may be necessary and appropriate to 
        carry out such recommendation.
                  (B) Not later than June 30, 1991, the 
                Secretary shall promulgate any additional 
                regulations necessary to ensure that the United 
                States is in full compliance with all 
                recommendations made by the Commission that 
                have been accepted by the United States and 
                with other agreements under the Convention 
                between the United States and any nation which 
                is a party to the Convention.
                  (C) Regulations promulgated under this 
                paragraph shall, to the extent practicable, be 
                consistent with fishery management plans 
                prepared and implemented under the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1801 et seq.).
          (2)(A) To promulgate regulations referred to in 
        paragraph (1) of this subsection, the Secretary shall 
        publish in the Federal Register a general notice of 
        proposed rulemaking and shall afford interested persons 
        an opportunity to participate in the rulemaking through 
        [(A)] (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) The Secretary may issue final regulations 
                to implement Commission recommendations 
                referred to in paragraph (1) of this subsection 
                concerning trade restrictive measures against 
                nations or fishing entities without regard to 
                the requirements of subparagraph (A) of this 
                paragraph and subsections (b) and (c) of 
                section 553 of title 5, United States Code.
          (3) The regulations required to be promulgated under 
        paragraph (1) of this subsection may--
                  (A) select for regulation one or more of the 
                species covered by the Convention;
                  (B) divide the Convention waters into areas;
                  (C) establish one or more open or closed 
                seasons as to each such area;
                  (D) limit the size of the fish and quantity 
                of the catch which may be taken from each area 
                within any season during which fishing is 
                allowed;
                  (E) limit or prohibit the incidental catch of 
                a regulated species which may be retained, 
                taken, possessed, or landed by vessels or 
                persons fishing for other species of fish;
                  (F) require records of operations to be kept 
                by any master or other person in charge of any 
                fishing vessel;
                  (G) require such clearance certificates for 
                vessels as may be necessary to carry out the 
                purposes of the Convention and this Act;
                  (H) require proof satisfactory to the 
                Secretary that any fish subject to regulation 
                pursuant to a recommendation of the Commission 
                offered for entry into the United States has 
                not been taken or retained contrary to the 
                recommendations of the Commission made pursuant 
                to article VIII of the Convention which have 
                been adopted as regulations pursuant to this 
                section;
                  (I) require any commercial or recreational 
                fisherman to obtain a permit from the Secretary 
                and report the quantity of the catch of a 
                regulated species;
                  (J) require that observers be carried aboard 
                fishing vessels for the purpose of providing 
                statistically reliable scientific data; and
                  (K) impose such other requirements and 
                provide for such other measures as the 
                Secretary may determine necessary to implement 
                any recommendation of the Convention or to 
                obtain scientific data necessary to accomplish 
                the purpose of the Convention; except that no 
                regulation promulgated under this section may 
                have the effect of increasing or decreasing any 
                allocation or quota of fish or fishing 
                mortality level to the United States agreed to 
                pursuant to a recommendation of the Commission.
          (4) Upon the promulgation of regulations provided for 
        in paragraph (3) of this subsection, the Secretary 
        shall promulgate, with the concurrence of the Secretary 
        of State and pursuant to the procedures prescribed in 
        paragraph (2) of this subsection, additional 
        regulations which shall become effective simultaneously 
        with the application of the regulations provided for in 
        paragraph (3) of this subsection, which prohibit--
                  (A) the entry into the United States of fish 
                in any form of those species which are subject 
                to regulation pursuant to a recommendation of 
                the Commission and which were taken from the 
                Convention area in such manner or in such 
                circumstances as would tend to diminish the 
                effectiveness of the conservation 
                recommendations of the Commission; and
                  (B) the entry into the United States, from 
                any country when the vessels of such country 
                are being used in the conduct of fishing 
                operations in the Convention area in such 
                manner or in such circumstances as would tend 
                to diminish the effectiveness of the 
                conservation recommendations of the Commission, 
                of fish in any form of those species which are 
                subject to regulation pursuant to a 
                recommendation of the Commission and which were 
                taken from the Convention area.
          (5) In the case of repeated and flagrant fishing 
        operations in the Convention area by the vessels of any 
        country which seriously threaten the achievement of the 
        objectives of the Commission's recommendations, the 
        Secretary with the concurrence of the Secretary of 
        State, may by regulations promulgated pursuant to 
        paragraph (2) of this subsection prohibit the entry in 
        any form from such country of other species covered by 
        the Convention as may be under investigation by the 
        Commission and which were taken in the Convention area. 
        Any such prohibition shall continue until the Secretary 
        is satisfied that the condition warranting the 
        prohibition no longer exists, except that all fish in 
        any form of the species under regulation which were 
        previously prohibited from entry shall continue to be 
        prohibited from entry.
          (6) Identification and notification.--
                  (A) Not later than July 1, 1996, and annually 
                thereafter, the Secretary, in consultation with 
                the Secretary of State, the Commissioners, and 
                the advisory committee, shall--
                          (i) identify those nations whose 
                        fishing vessels are fishing, or have 
                        fished during the preceding calendar 
                        year, within the convention area in a 
                        manner or under circumstances that 
                        diminish the effectiveness of a 
                        conservation recommendation;
                          (ii) notify the President and the 
                        nation so identified, including an 
                        explanation of the reasons therefor; 
                        and
                          (iii) publish a list of those Nations 
                        identified under clause (i).
                  (B) In identifying those Nations, the 
                Secretary shall consider, based on the best 
                available information, whether those Nations 
                have measures in place for reporting, 
                monitoring, and enforcement, and whether those 
                measures diminish the effectiveness of any 
                conservation recommendation.
          (7) Consultation.--Not later than 30 days after a 
        Nation is notified under paragraph (6), the President 
        may enter into consultations with the Government of 
        that Nation for the purpose of obtaining an agreement 
        that will--
                  (A) effect the immediate termination and 
                prevent the resumption of any fishing operation 
                by vessels of that Nation within the Convention 
                area which is conducted in a manner or under 
                circumstances that diminish the effectiveness 
                of the conservation recommendation;
                  (B) when practicable, require actions by that 
                Nation, or vessels of that Nation, to mitigate 
                the negative impacts of fishing operations on 
                the effectiveness of the conservation 
                recommendation involved, including but not 
                limited to, the imposition of subsequent-year 
                deductions for quota overages; and
                  (C) result in the establishment, if 
                necessary, by such Nation of reporting, 
                monitoring, and enforcement measures that are 
                adequate to ensure the effectiveness of 
                conservation recommendations.

           *       *       *       *       *       *       *


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

                            [16 U.S.C. 971e]

  (a) In General.--It shall be unlawful--
          (1) for any person in charge of a fishing vessel or 
        any fishing vessel subject to the jurisdiction of the 
        United States to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act; 
        or
          (2) for any person subject to the jurisdiction of the 
        United States to ship, transport, purchase, sell, offer 
        for sale, import, export, or have in custody, 
        possession, or control any fish which he knows, or 
        should have known, were taken or retained contrary to 
        the recommendations of the Commission made pursuant to 
        article VIII of the Convention and adopted as 
        regulations pursuant to section 6 of this Act, without 
        regard to the citizenship of the person or vessel which 
        took the fish.
  (b) Failure to Furnish Returns, Records, or Reports.--It 
shall be unlawful for the master or any person in charge of any 
fishing vessel subject to the jurisdiction of the United States 
to fail to make, keep, or furnish any catch returns, 
statistical records, or other reports as are required by 
regulations adopted pursuant to this Act to be made, kept, or 
furnished by such master or person.
  (c) Refusal of Request to Board and Inspect Vessel.--It shall 
be unlawful for the master or any person in charge of any 
fishing vessel subject to the jurisdiction of the United States 
to refuse to permit any person authorized to enforce the 
provisions of this Act and any regulations adopted pursuant 
thereto, to board such vessel and inspect its catch, equipment, 
books, documents, records, or other articles or question the 
persons onboard in accordance with the provisions of this Act, 
or the Convention, as the case may be, or to obstruct such 
officials in the execution of such duties.
  (d) Importation of Ineligible Species or Species Under 
Investigation.--It shall be unlawful for any person to import, 
in violation of any regulation adopted pursuant to section 6(c) 
or (d) of this Act, from any country, any fish in any form of 
those species subject to regulation pursuant to a 
recommendation of the Commission, or any fish in any form not 
under regulation but under investigation by the Commission, 
during the period such fish have been denied entry in 
accordance with the provisions of section 6(c) or (d) of this 
Act. In the case of any fish as described in this subsection 
offered for entry in the United States, the Secretary shall 
require proof satisfactory to him that such fish is not 
ineligible for such entry under the terms of section 6(c) or 
(d) of this Act.
  [(e) Sanctions.--The civil penalty and permit sanctions of 
section 308 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858) are hereby made applicable to 
violations of this section as if they were violations of 
section 307 of that Act.
  [(f) Forfeiture.--All fish taken or retained in violation of 
subsection (a) of this section, or the monetary value thereof, 
may be forfeited.]
  [(g)] (e) Applicability of Other Laws.--All provisions of law 
relating to the seizure, judicial forfeiture, and condemnation 
of a cargo for violation of the customs laws, the disposition 
of such cargo or the proceeds from the sale thereof, and the 
remission or mitigation of such forfeitures shall apply to 
seizures and forfeitures incurred, or alleged to have been 
incurred, under the provisions of this Act, insofar as such 
provisions of law are applicable and not inconsistent with the 
provisions of this Act.

SEC. 8. ENFORCEMENT.

                            [16 U.S.C. 971f]

  [(a) Particular Powers.--Any person authorized in accordance 
with the provisions of this Act to enforce the provisions of 
this Act and the regulations issued thereunder may--
          [(1) with or without a warrant, board any vessel 
        subject to the jurisdiction of the United States and 
        inspect such vessel and its catch and, if as a result 
        of such inspection, he has reasonable cause to believe 
        that such vessel or any person on board is engaging in 
        operations in violation of this Act or any regulations 
        issued thereunder, he may, with or without a warrant or 
        other process, arrest such person;
          [(2) arrest, with or without a warrant, any person 
        who violates the provisions of this Act or any 
        regulation issued thereunder in his presence or view;
          [(3) execute any warrant or other process issued by 
        an officer or court of competent jurisdiction; and
          [(4) seize, whenever and wherever lawfully found, all 
        fish taken or retained by a vessel subject to the 
        jurisdiction of the United States in violation of the 
        provisions of this Act or any regulations issued 
        pursuant thereto. Any fish so seized may be disposed of 
        pursuant to an order of a court of competent 
        jurisdiction, or, if perishable, in a manner prescribed 
        by regulation of the Secretary.]
  [(b) International Enforcement.--] This Act shall be enforced 
under section 101 of the International Fisheries Stewardship 
and Enforcement Act. To the extent authorized under the 
convention or by agreements between the United States and any 
contracting party concluded pursuant to section 5(b) of this 
Act for international enforcement, the duly authorized 
officials of such party [shall have the authority to carry out 
the enforcement activities specified in section 8(a) of this 
Act] shall enforce this Act with respect to persons or vessels 
subject to the jurisdiction of the United States, and the 
officials of the United States authorized pursuant to this 
section [shall have the authority to carry out the enforcement 
activities specified in section 8(a) of this Act] shall enforce 
this Act with respect to persons or vessels subject to the 
jurisdiction of such party, except that where any agreement 
provides for arrest or seizure of persons or vessels under 
United States jurisdiction it shall also provide that the 
person or vessel arrested or seized shall be promptly handed 
over to a United States enforcement officer or another 
authorized United States official.
  [(c) Bonds or Stipulations.--Notwithstanding the provisions 
of section 2464 of title 28, United States Code, when a warrant 
of arrest or other process in rem is issued in any cause under 
this section, the marshal or other officer shall stay the 
execution of such process, or discharge any fish seized if the 
process has been levied, on receiving from the claimant of the 
fish a bond or stipulation for the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction of the offense, conditioned to 
deliver the fish seized, if condemned, without impairment in 
value or, in the discretion of the court, to pay its equivalent 
value in money or otherwise to answer the decree of the court 
in such cause. Such bond or stipulation shall be returned to 
the court and judgment thereon against both the principal and 
sureties may be recovered in event of any breach of the 
conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the fish may be sold for not less than its reasonable 
market value at the time of seizure and the proceeds of such 
sale placed in the registry of the court pending judgment in 
the case.]

          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

                        [16 U.S.C. 5601 et seq.]

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

                            [16 U.S.C. 5606]

  (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
          (1) to violate any regulation issued under this title 
        or any measure that is legally binding on the United 
        States under the Convention;
          (2) to refuse to permit any authorized enforcement 
        officer to board a fishing vessel that is subject to 
        the person's control for purposes of conducting any 
        [search or inspection] search, investigation, or 
        inspection in connection with the enforcement of this 
        title, any regulation issued under this title, or any 
        measure that is legally binding on the United States 
        under the Convention;
          (3) forcibly to assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized 
        enforcement officer in the conduct of any [search or 
        inspection] search, investigation, or inspection 
        described in paragraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section;
          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this section; or
          (6) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that the other person has committed an act 
        prohibited by this section.
  [(b) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) shall be liable to the United 
States for a civil penalty, or may be subject to a permit 
sanction, under section 308 of the Magnuson Act (16 U.S.C. 
1858).
  [(c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection 
(a) shall be guilty of an offense punishable under section 
309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
  [(d) Civil Forfeitures.--
          [(1) In general.--Any vessel (including its gear, 
        furniture, appurtenances, stores, and cargo) used in 
        the commission of an act that is unlawful under 
        subsection (a), and any fish (or the fair market value 
        thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any 
        act that is unlawful under subsection (a), shall be 
        subject to seizure and forfeiture as provided in 
        section 310 of the Magnuson Act (16 U.S.C. 1860).
          [(2) Disposal of fish.--Any fish seized pursuant to 
        this title may be disposed of pursuant to the order of 
        a court of competent jurisdiction or, if perishable, in 
        a manner prescribed by regulations issued by the 
        Secretary.
  [(e) Enforcement.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
the provisions of this title and shall have the authority 
specified in section 311(a), (b)(1), and (c) of the Magnuson 
Act (16 U.S.C. 1861(a), (b)(1), and (c)) for that purpose.
  [(f) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under this section and may, at any 
time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interests 
        of justice.]
  (b) Administration and Enforcement--This title shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.

  WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

                        [16 U.S.C. 6901 et seq.]

SEC. 506. ENFORCEMENT.

[16 U.S.C. 6905]

           *       *       *       *       *       *       *


  [(c) Actions by the Secretary.--The Secretary shall prevent 
any person from violating this title in the same manner, by the 
same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857) were incorporated into and made a part of this title. Any 
person that violates any provision of this title is subject to 
the penalties and entitled to the privileges and immunities 
provided in the Magnuson-Stevens Fishery Conservation and 
Management Act in the same manner, by the same means, and with 
the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated 
into and made a part of this title.]
  (c) Administration and Enforcement.--This title shall be 
enforced under section 101 of the International Fisheries 
Stewardship and Enforcement Act.

           *       *       *       *       *       *       *


SEC. 507. PROHIBITED ACTS.

                            [16 U.S.C. 6906]

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

                  NORTHERN PACIFIC HALIBUT ACT OF 1982

                        [16 U.S.C. 773 et seq.]

SEC. 7. PROHIBITED ACTS.

                            [16 U.S.C. 773e]

  It is unlawful--
  [(a)] (1) for any person subject to the jurisdiction of the 
United States--
          [(1)] (A) to violate any provision of the Convention, 
        this Act or any regulation adopted under this Act;
          [(2)] (B) to refuse to permit any enforcement officer 
        to board a fishing vessel subject to such person's 
        control for purposes of conducting any [search or 
        inspection] search, investigation, or inspection in 
        connection with the enforcement of the Convention, this 
        Act or any regulation adopted under this Act;
          [(3)] (C) to forcibly assault, resist, oppose, 
        impede, intimidate or interfere with any enforcement 
        officer in the conduct of any [search or inspection 
        described in paragraph (2)] search, investigation, or 
        inspection described in subparagraph (B);
          [(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.
  [(b)] (2) for any foreign fishing vessel, and for the owner 
or operator of any foreign fishing vessel, to engage in fishing 
for halibut in the fishery conservation zone, unless such 
fishing is authorized by, and conducted in accordance with the 
Convention, this Act and regulations adopted under this Act.

SEC. 8. CIVIL PENALTIES.

                            [16 U.S.C. 773f]

  [(a) Liability; Continuing Violations; Notice; Determination 
of Amount.--]Any person who is found by the Secretary, after 
notice and opportunity for a hearing in accordance with section 
554 of title 5, United States Code, to have committed an act 
prohibited by section 7 shall be liable to the United States 
for a civil penalty. The amount of the civil penalty shall not 
exceed $200,000 for each violation. Each day of a continuing 
violation shall constitute a separate offense. The amount of 
such civil penalty shall be assessed by the Secretary, or his 
designee, by written notice. In determining the amount of such 
penalty, the Secretary shall taken into account the nature, 
circumstances, extent, and gravity of the prohibited acts 
committed and, with respect to the violator, the degree of 
culpability, any history of prior offenses, and such other 
matters as justice may require. In assessing such penalty, the 
Secretary may also consider any information provided by the 
violator relating to the ability of the violator to pay if the 
information is provided to the Secretary at least 30 days prior 
to an administrative hearing.
  [(b) Judicial Review.--Any person against whom a civil 
penalty is assessed under subsection (a) may obtain a review 
thereof in the appropriate court of the United States by filing 
a notice of appeal in such court within 30 days from the date 
of such order and by simultaneously sending a copy of such 
notice by certified mail to the Secretary and the Attorney 
General. The Secretary shall promptly file in such court a 
certified copy of the record upon which such violation was 
found or such penalty imposed, in accordance with rules 
prescribed pursuant to section 2112 of title 28, United States 
Code. The findings and order of the Secretary shall be set 
aside by such court if they are not found to be supported by 
substantial evidence, as provided in section 706(2) of title 5, 
United States Code.
  [(c) Recovery of Assessed Penalties by Attorney General.--If 
any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order, or after the 
appropriate court has entered final judgment in favor of the 
Secretary, the Secretary shall refer the matter to the Attorney 
General of the United States, who shall recover the amount 
assessed in any validity and appropriateness of the final order 
imposing the civil penalty shall not be subject to review.
  [(d) Compromise, Modification, and Remission of Penalties.--
The Secretary may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section.
  [(e) Revocation or Suspension of Permit.--
          [(1) In general.--The Secretary may take any action 
        described in paragraph (2) in any case in which--
                  [(A) a vessel has been used in the commission 
                of any act prohibited under section 7;
                  [(B) the owner or operator of a vessel or any 
                other person who has been issued or has applied 
                for a permit under this Act has acted in 
                violation of section 7; or
                  [(C) any amount in settlement of a civil 
                forfeiture imposed on a vessel or other 
                property, or any civil penalty or criminal fine 
                imposed on a vessel or owner or operator of a 
                vessel or any other person who has been issued 
                or has applied for a permit under any marine 
                resource law enforced by the Secretary has not 
                been paid and is overdue.
          [(2) Permit-related actions.--Under the circumstances 
        described in paragraph (1) the Secretary may--
                  [(A) revoke any permit issued with respect to 
                such vessel or person, with or without 
                prejudice to the issuance of subsequent 
                permits;
                  [(B) suspend such permit for a period of time 
                considered by the Secretary to be appropriate;
                  [(C) deny such permit; or
                  [(D) impose additional conditions and 
                restrictions on any permit issued to or applied 
                for by such vessel or person under this Act 
                and, with respect to any foreign fishing 
                vessel, on the approved application of the 
                foreign nation involved and on any permit 
                issued under that application.
          [(3) Factors to be considered. In imposing a sanction 
        under this subsection, the Secretary shall take into 
        account--
                  [(A) the nature, circumstances, extent, and 
                gravity of the prohibited acts for which the 
                sanction is imposed; and
                  [(B) with respect to the violator, the degree 
                of culpability, any history of prior offenses, 
                and such other matters as justice may require.
          [(4) Transfers of ownership.--Transfer of ownership 
        of a vessel, a permit, or any interest in a permit, by 
        sale or otherwise, shall not extinguish any permit 
        sanction that is in effect or is pending at the time of 
        transfer of ownership. Before executing the transfer of 
        ownership of a vessel, permit, or interest in a permit, 
        by sale or otherwise, the owner shall disclose in 
        writing to the prospective transferee the existence of 
        any permit sanction that will be in effect or pending 
        with respect to the vessel, permit, or interest at the 
        time of the transfer.
          [(5) Reinstatement.--In the case of any permit that 
        is suspended under this subsection for nonpayment of a 
        civil penalty, criminal fine, or any amount in 
        settlement of a civil forfeiture, the Secretary shall 
        reinstate the permit upon payment of the penalty, fine, 
        or settlement amount and interest thereon at the 
        prevailing rate.
          [(6) Hearing.--No sanction shall be imposed under 
        this subsection unless there has been prior opportunity 
        for a hearing on the facts underlying the violation for 
        which the sanction is imposed either in conjunction 
        with a civil penalty proceeding under this section or 
        otherwise.
          [(7) Permit defined.--In this subsection, the term 
        ``permit'' means any license, certificate, approval, 
        registration, charter, membership, exemption, or other 
        form of permission issued by the Commission or the 
        Secretary, and includes any quota share or other 
        transferable quota issued by the Secretary.]

SEC. 9. CRIMES AND CRIMINAL PENALTIES.

                            [16 U.S.C. 773g]

  (a) Offenses.--A person is guilty of any offense if he 
commits an act prohibited by [section 7(a)(2), (3), (4), or 
(6); or section 7(b)] section 7(1)(B), (C), (D), or (F) or 
section 7(2).
  (b) Fines; Imprisonment.--Any offense described in subsection 
(a) is punishable by a fine of not more than $200,000 or 
imprisonment for not more than 6 months or both; except that if 
in the commission of any offense the person uses a dangerous 
weapon, engages in conduct that causes bodily injury to any 
officer authorized to enforce the provisions of this Act, or 
places any such officer in fear of imminent bodily injury the 
offense is punishable by a fine of not more than $400,000, or 
imprisonment for not more than 10 years or both.
  (c) Federal Jurisdiction.--There is Federal jurisdiction over 
any offense described in this section.

[SEC. 10. FORFEITURES.

                            [16 U.S.C. 773h]

  [(a) Civil Forfeiture Proceeding.--Any fishing vessel 
(including its fishing gear, furniture, appurtenances, stores, 
and cargo) used, and any fish taken or retained, in any manner, 
in connection with or as a result of the commission of any act 
prohibited by section 7 shall be subject to forfeiture to the 
United States. All or part of such vessel may, and all such 
fish shall, be forfeited to the United States pursuant to a 
civil proceeding under this section.
  [(b) United States District Court Jurisdiction.--Any district 
court of the United States shall have jurisdiction, upon 
application by the Attorney General on behalf of the United 
States, to order any forfeiture authorized under subsection (a) 
and any action provided for under subsection (d).
  [(c) Seizure of Forfeited Property.--If a judgment is entered 
for the United States in a civil forfeiture proceeding under 
this section, the Attorney General may seize any property or 
other interest declared forfeited to the United States, which 
has not previously been seized pursuant to this Act or for 
which security has not previously been obtained under 
subsection (d). The provisions of the customs laws relating 
to--
          [(1) the disposition of forfeited property;
          [(2) the proceeds from the sale of forfeited 
        property;
          [(3) the remission or mitigation of forfeitures; and
          [(4) the compromise of claims;
[shall apply to any forfeiture ordered, and to any case in 
which forfeiture is alleged to be authorized, under this 
section, unless such provisions are inconsistent with the 
purposes, policy, and provisions of this Act. The duties and 
powers imposed upon the Commissioner of Customs or other 
persons under such provisions shall, with respect to this Act, 
be performed by officers or other persons designated for such 
purpose by the Secretary.
  [(d) Bond or Other Security; Disposal of Seized Fish.--
          [(1) Any officer authorized to serve any process in 
        rem which is issued by a court having jurisdiction 
        under section 11(d) shall--
                  [(A) stay the execution of such process; or
                  [(B) discharge any fish seized pursuant to 
                such process; upon the receipt of a 
                satisfactory bond or other security from any 
                person claiming such property. Such bond or 
                other security shall be conditioned upon such 
                person delivering such property to the 
                appropriate court upon order thereof, without 
                any impairment of its value, or paying the 
                monetary value of such property pursuant to an 
                order of such court. Judgment shall be 
                recoverable on such bond or other security 
                against both the principal and any sureties in 
                the event that any condition thereof is 
                breached, as determined by such court.
          [(2) Any fish seized pursuant to this Act may be 
        disposed of pursuant to the order of a court of 
        competent jurisdiction or, if perishable, in a manner 
        prescribed by regulations of the Secretary or the 
        Secretary of the department in which the Coast Guard is 
        operating.
  [(e) Presumption of Violation.--For purposes of this section, 
it shall be a rebuttable presumption that all fish found on 
board a fishing vessel which is seized in connection with an 
act prohibited by section 7 were taken or retained in violation 
of the Convention and this Act.

SEC. 11. ADMINISTRATION AND ENFORCEMENT.

                            [16 U.S.C. 773i]

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

     NATIONAL SEA GRANT COLLEGE PROGRAM REAUTHORIZATION ACT OF 1998

                             [112 Stat. 21]

SEC. 10. ADMINISTRATIVE LAW JUDGES.

                            [16 U.S.C. 1541]

  Notwithstanding section 559 of title 5, United States Code, 
with respect to any marine resource conservation law or 
regulation administered by the Secretary of Commerce acting 
through the National Oceanic and Atmospheric Administration, 
all adjudicatory functions which are required by chapter 5 of 
title 5 of such Code to be performed by an Administrative Law 
Judge may be performed by [the United States Coast Guard] 
another Federal agency on a reimbursable basis. Should [the 
United States Coast Guard] another Federal agency require the 
detail of an Administrative Law Judge to perform any of these 
functions, it may request such temporary or occasional 
assistance from the Office of Personnel Management pursuant to 
section 3344 of title 5, United States Code.

              HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT

                            [106 Stat. 4900]

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

                           [16 U.S.C. 1826a]

  (a) Denial of Port Privileges.--
          (1) Publication of list.--Not later than 30 days 
        after the date of enactment of this Act and 
        periodically thereafter, the Secretary of Commerce, in 
        consultation with the Secretary of State, shall publish 
        a list of nations whose nationals or vessels conduct 
        large-scale driftnet fishing beyond the exclusive 
        economic zone of any nation.
          [(2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with recognized 
        principles of international law--
                  [(A) withhold or revoke the clearance 
                required by section 4197 of the Revised 
                Statutes of the United States (46 App. U.S.C. 
                91) for any large-scale driftnet fishing vessel 
                that is documented under the laws of the United 
                States or of a nation included on a list 
                published under paragraph (1); and
                  [(B) deny entry of that vessel to any place 
                in the United States and to the navigable 
                waters of the United States.]
          (2) Denial of port privileges.--The Secretary of the 
        Treasury shall, to the extent consistent with 
        international law--
                  (A) withhold or revoke the clearance required 
                by section 60105 of title 46, United States 
                Code, for--
                          (i) any large-scale driftnet fishing 
                        vessel that is documented under the law 
                        of the United States or of a nation 
                        included on a list published under 
                        paragraph (1); or
                          (ii) any fishing vessel of a nation 
                        that receives a negative certification 
                        under section 609(d) or 610(c) of the 
                        High Seas Driftnet Fishing Moratorium 
                        Protection Act (16 U.S.C. 1826j(d) or 
                        1826k(c)); and
                  (B) deny entry of that vessel to any place in 
                the United States and to the navigable waters 
                of the United States, except for the purpose of 
                inspecting the vessel, conducting an 
                investigation, or taking other appropriate 
                enforcement action.
          (3) Notification of nation.--Before the publication 
        of a list of nations under paragraph (1), the Secretary 
        of State shall notify each nation included on that list 
        regarding--
                  (A) the effect of that publication on port 
                privileges of vessels of that nation under 
                paragraph (1); and
                  (B) any sanctions or requirements, under this 
                Act or any other law, that may be imposed on 
                that nation if nationals or vessels of that 
                nation continue to conduct large-scale driftnet 
                fishing beyond the exclusive economic zone of 
                any nation after December 31, 1992.
  (b) Sanctions.--
          (1) Identifications.--
                  (A) Initial identifications.--Not later than 
                January 10, 1993, the Secretary of Commerce 
                shall--
                          (i) identify each nation whose 
                        nationals or vessels are conducting 
                        large-scale driftnet fishing [or 
                        illegal, unreported, or unregulated 
                        fishing] beyond the exclusive economic 
                        zone of any nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
                  (B) Additional identifications.--At any time 
                after January 10, 1993, whenever the Secretary 
                of Commerce has reason to believe that the 
                nationals or vessels of any nation are 
                conducting large-scale driftnet fishing [or 
                illegal, unreported, or unregulated fishing] 
                beyond the exclusive economic zone of any 
                nation, the Secretary of Commerce shall--
                          (i) identify that nation; and
                          (ii) notify the President and that 
                        nation of the identification under 
                        clause (i).
          (2) Consultations.--Not later than 30 days after a 
        nation is identified under paragraph (1)(B), the 
        President shall enter into consultations with the 
        government of that nation for the purpose of obtaining 
        an agreement that will effect the immediate termination 
        of large-scale driftnet fishing or illegal, unreported, 
        or unregulated fishing by the nationals or vessels of 
        that nation beyond the exclusive economic zone of any 
        nation.
          (3) Prohibition on imports of fish and fish products 
        and sport fishing equipment.--
                  [(A) Prohibition.--The President--
                          [(i) upon receipt of notification of 
                        the identification of a nation under 
                        paragraph (1)(A); or
                          [(ii) if the consultations with the 
                        government of a nation under paragraph 
                        (2) are not satisfactorily concluded 
                        within ninety days, shall direct the 
                        Secretary of the Treasury to prohibit 
                        the importation into the United States 
                        of fish and fish products and sport 
                        fishing equipment (as that term is 
                        defined in section 4162 of the Internal 
                        Revenue Code of 1986 (26 U.S.C. 4162)) 
                        from that nation.]
                  (A) Prohibition.--The President shall direct 
                the Secretary of the Treasury to prohibit the 
                importation into the United States of fish and 
                fish products and sport fishing equipment (as 
                that term is defined in section 4162 of the 
                Internal Revenue Code of 1986 (26 U.S.C. 4162)) 
                from a nation--
                          (i) upon receipt of notification of 
                        the identification of the nation under 
                        paragraph (1)(A);
                          (ii) if the consultations with the 
                        government of the nation under 
                        paragraph (2) are not satisfactorily 
                        concluded within ninety days; or
                          (iii) upon receipt of notification of 
                        a negative certification under section 
                        609(d)(1) or 610(c)(1) of the High Seas 
                        Driftnet Fishing Moratorium Protection 
                        Act (16 U.S.C. 1826j(d)(1) and 
                        1826k(c)(1)).
                  (B) Implementation of prohibition.--With 
                respect to an import prohibition directed under 
                subparagraph (A), the Secretary of the Treasury 
                shall implement such prohibition not later than 
                the date that is forty-five days after the date 
                on which the Secretary has received the 
                direction from the President.
                  (C) Public notice of prohibition.--Before the 
                effective date of any import prohibition under 
                this paragraph, the Secretary of the Treasury 
                shall provide public notice of the impending 
                prohibition.
          (4) Additional economic sanctions.--
                  (A) Determination of effectiveness of 
                sanctions.--Not later than six months after the 
                date the Secretary of Commerce identifies a 
                nation under paragraph (1), or after issuing a 
                negative certification under section 609(d)(1) 
                or 610(c)(1) of the High Seas Driftnet Fishing 
                Moratorium Protection Act (16 U.S.C. 
                1826j(d)(1) and 1826k(c)(1)), the Secretary 
                shall determine whether--
                          [(i) any prohibition established 
                        under paragraph (3) is insufficient to 
                        cause that nation to terminate large-
                        scale driftnet fishing or illegal, 
                        unreported, or unregulated fishing 
                        conducted by its nationals and vessels 
                        beyond the exclusive economic zone of 
                        any nation; or]
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation--
                                  (I) to terminate large-scale 
                                driftnet fishing conducted by 
                                its nationals and vessels 
                                beyond the exclusive economic 
                                zone of any nation;
                                  (II) to address illegal, 
                                unreported, or unregulated 
                                fishing activities for which a 
                                nation has been identified 
                                under section 609 of the High 
                                Seas Driftnet Fishing 
                                Moratorium Protection Act (16 
                                U.S.C. 1826j); or
                                  (III) to address bycatch of a 
                                protected living marine 
                                resource or shark catch on the 
                                high seas for which a nation 
                                has been identified under 
                                section 610 of such Act (16 
                                U.S.C. 1826k); or
                          (ii) that nation has retaliated 
                        against the United States as a result 
                        of that prohibition.
                  (B) Certification.--The Secretary of Commerce 
                shall certify to the President each affirmative 
                determination under subparagraph (A) with 
                respect to a nation.
                  (C) Effect of certification.--Certification 
                by the Secretary of Commerce under subparagraph 
                (B) is deemed to be a certification under 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)), as amended by this 
                Act.

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

                           [16 U.S.C. 1826b]

  Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that [such nation has terminated large-scale driftnet 
fishing or illegal, unreported, or unregulated fishing by its 
nationals and vessels beyond the exclusive economic zone of any 
nation.] such nation--
          (1) has terminated large-scale driftnet fishing by 
        its nationals and vessels beyond the exclusive economic 
        zone of any nation;
          (2) has addressed illegal, unreported, or unregulated 
        fishing activities for which a nation has been 
        identified under section 609 of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j); or
          (3) has addressed bycatch of a protected living 
        marine resource or shark catch on the high seas for 
        which a nation has been identified under section 610 of 
        the High Seas Driftnet Fishing Moratorium Protection 
        Act (16 U.S.C. 1826k).

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

                        [16 U.S.C. 1801 et seq.]

SEC. 402. INFORMATION COLLECTION.

[16 U.S.C. 1881a]

           *       *       *       *       *       *       *


  (b) Confidentiality of Information.--
          (1) Any information submitted to the Secretary, a 
        State fishery management agency, or a marine fisheries 
        commission by any person in compliance with the 
        requirements of this Act shall be confidential and 
        shall not be disclosed except--
                  (A) to Federal employees and Council 
                employees who are responsible for fishery 
                management plan development, monitoring, or 
                enforcement;
                  (B) to State or Marine Fisheries Commission 
                employees as necessary to further the 
                Department's mission, subject to a 
                confidentiality agreement that prohibits public 
                disclosure of the identity of business of any 
                person;
                  (C) to State employees who are responsible 
                for fishery management plan enforcement, if the 
                States employing those employees have entered 
                into a fishery enforcement agreement with the 
                Secretary and the agreement is in effect;
                  (D) when required by court order;
                  (E) when such information is used by State, 
                Council, or Marine Fisheries Commission 
                employees to verify catch under a limited 
                access program, but only to the extent that 
                such use is consistent with subparagraph (B);
                  (F) when the Secretary has obtained written 
                authorization from the person submitting such 
                information to release such information to 
                persons for reasons not otherwise provided for 
                in this subsection, and such release does not 
                violate other requirements of this Act;
                  (G) when such information is required to be 
                submitted to the Secretary for any 
                determination under a limited access program; 
                [or]
                  (H) to the Food and Agriculture Organization 
                formed at Quebec, Canada, on October 16, 1945, 
                international fishery management organizations, 
                or arrangements made pursuant to an 
                international fishery agreement as provided 
                under section 608(b) of the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 
                1826i(b));
                  (I) to any other Federal or State government 
                agency, foreign government, the Food and 
                Agriculture Organization formed at Quebec, 
                Canada, on October 16, 1945, or the secretariat 
                or equivalent of an international fisheries 
                management organization or arrangement made 
                pursuant to an international fishery agreement, 
                as provided under section 101(c)(9) of the 
                International Fisheries Stewardship and 
                Enforcement Act; or
                  [(H)] (J) in support of homeland and national 
                security activities, including the Coast 
                Guard's homeland security missions as defined 
                in section 888(a)(2) of the Homeland Security 
                Act of 2002 (6 U.S.C. 468(a)(2)).
          (2) Any observer information shall be confidential 
        and shall not be disclosed, except in accordance with 
        the requirements of subparagraphs (A) through (H) of 
        paragraph (1), or--
                  (A) as authorized by a fishery management 
                plan or regulations under the authority of the 
                North Pacific Council to allow disclosure to 
                the public of weekly summary bycatch 
                information identified by vessel or for haul-
                specific bycatch information without vessel 
                identification;
                  (B) when such information is necessary in 
                proceedings to adjudicate observer 
                certifications; or
                  (C) as authorized by any regulations issued 
                under paragraph (3) allowing the collection of 
                observer information, pursuant to a 
                confidentiality agreement between the 
                observers, observer employers, and the 
                Secretary prohibiting disclosure of the 
                information by the observers or observer 
                employers, in order--
                          (i) to allow the sharing of observer 
                        information among observers and between 
                        observers and observer employers as 
                        necessary to train and prepare 
                        observers for deployments on specific 
                        vessels; or
                          (ii) to validate the accuracy of the 
                        observer information collected.
          (3) The Secretary shall, by regulation, prescribe 
        such procedures as may be necessary to preserve the 
        confidentiality of information submitted in compliance 
        with any requirement or regulation under this Act, 
        except that the Secretary may release or make public 
        any such information in any aggregate or summary form 
        which does not directly or indirectly disclose the 
        identity or business of any person who submits such 
        information. Nothing in this subsection shall be 
        interpreted or construed to prevent the use for 
        conservation and management purposes by the Secretary, 
        or with the approval of the Secretary, the Council, of 
        any information submitted in compliance with any 
        requirement or regulation under this Act or the use, 
        release, or publication of bycatch information pursuant 
        to paragraph (2)(A).

           *       *       *       *       *       *       *


                HIGH SEAS FISHING COMPLIANCE ACT OF 1995

                        [16 U.S.C. 5501 et seq.]

SEC. 104. PERMITTING.

[16 U.S.C. 5503]

           *       *       *       *       *       *       *


  [(f) Duration.--A permit issued under this section is valid 
for 5 years. A permit issued under this section is void in the 
event the vessel is no longer eligible for United States 
documentation, such documentation is revoked or denied, or the 
vessel is deleted from such documentation.]
  (f) Validity.--A permit issued under this section is void 
if--
          (1) 1 or more permits or authorizations required for 
        a vessel to fish, in addition to a permit issued under 
        this section, expire, are revoked, or are suspended; or
          (2) the vessel is no longer eligible for United 
        States documentation, such documentation is revoked or 
        denied, or the vessel is deleted from such 
        documentation.

                      TUNA CONVENTION ACT OF 2013

                        [16 U.S.C. 951 et seq.]

[SEC. 2. DEFINITIONS.

                            [16 U.S.C. 951]

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

SEC. 2. DEFINITIONS.

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

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

                            [16 U.S.C. 952]

  [The United States shall be represented on the two 
commissions by a total of not more than four United States 
Commissioners, who shall be appointed by the President, serve 
as such during his pleasure, and receive no compensation for 
their services as such Commissioners. Individuals serving as 
such Commissioners shall not be considered to be Federal 
employees while performing such service, except for purposes of 
injury compensation or tort claims liability as provided in 
chapter 81 of title 5, United States Code, and chapter 171 of 
title 28, United States Code. Of such Commissioners--
  [(a) not more than one shall be a person residing elsewhere 
than in a State whose vessels maintain a substantial fishery in 
the areas of the conventions;
  [(b) at least one of the Commissioners who are such legal 
residents shall be a person chosen from the public at large, 
and who is not a salaried employee of a State or of the Federal 
Government;
  [(c) at least one shall be either the Administrator, or an 
appropriate officer, of the National Marine Fisheries Service; 
and
  [(d) at least one shall be chosen from a nongovernmental 
conservation organization.]

SEC. 3. COMMISSIONERS.

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

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

                            [16 U.S.C. 953]

  [(a) Appointments; Public Participation; Compensation.--The 
Secretary, in consultation with the United States 
Commissioners, shall--
          [(1) appoint a General Advisory Committee which shall 
        be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the 
        conventions, and from nongovernmental conservation 
        organizations;
          [(2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from 
        the public and private sectors, including 
        nongovernmental conservation organizations;
          [(3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide 
        for the confidentiality of confidential business data; 
        and
          [(4) fix the terms of office of the members of the 
        General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for 
        their services as such members.
  (a) General Advisory Committee.--
          (1) Appointments; public participation.--
                  (A) Appointments.--The Secretary, in 
                consultation with the Secretary of State, shall 
                appoint a General Advisory Committee which 
                shall consist of not more than 25 individuals 
                who shall be representative of the various 
                groups concerned with the fisheries covered by 
                the Convention, including nongovernmental 
                conservation organizations, providing to the 
                maximum extent practicable an equitable balance 
                among such groups. Members of the General 
                Advisory Committee will be eligible to 
                participate as members of the U.S. delegation 
                to the Commission and its working groups to the 
                extent the Commission rules and space for 
                delegations allow.
                  (B) Additional members.--The chair of the 
                Pacific Fishery Management Council's Advisory 
                Subpanel for Highly Migratory Fisheries and the 
                chair of the Western Pacific Fishery Management 
                Council's Advisory Committee shall be members 
                of the General Advisory Committee by virtue of 
                their positions in those Councils.
                  (C) Terms.--Each member of the General 
                Advisory Committee appointed under subparagraph 
                (A) shall serve for a term of 3 years and shall 
                be eligible for reappointment.
                  (D) Non-executive meetings of the united 
                states section.--The General Advisory Committee 
                shall be invited to attend all non-executive 
                meetings of the United States Section and at 
                such meetings shall be given opportunity to 
                examine and to be heard on all proposed 
                programs of investigation, reports, 
                recommendations, and regulations of the 
                Commission.
                  (E) Public participation.--The General 
                Advisory Committee shall determine its 
                organization, and prescribe its practices and 
                procedures for carrying out its functions under 
                this chapter, the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 
                et seq.), and the Convention. The General 
                Advisory Committee shall publish and make 
                available to the public a statement of its 
                organization, practices and procedures. 
                Meetings of the General Advisory Committee, 
                except when in executive session, shall be open 
                to the public, and prior notice of meetings 
                shall be made public in timely fashion.
          (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) In general.--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) Compensation.--An individual appointed to 
                serve as a member of the General Advisory 
                Committee--
                          (i) shall serve without pay, but 
                        while away from home or regular place 
                        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 a person employed 
                        intermittently in the Government 
                        service is allowed expenses under 
                        section 5703 of title 5, United States 
                        Code; and
                          (ii) shall not be considered a 
                        Federal employee except for the 
                        purposes of injury compensation or tort 
                        claims liability as provided in chapter 
                        81 of title 5, United States Code, and 
                        chapter 171 of title 28, United States 
                        Code.
  [(b) Functions.--
          [(1) General Advisory Committee.--The General 
        Advisory Committee shall be invited to have 
        representatives attend all nonexecutive meetings of the 
        United States sections and shall be given full 
        opportunity to examine and to be heard on all proposed 
        programs of investigations, reports, recommendations, 
        and regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such 
        commissions.]
  (b) Scientific Advisory Subcommittee.--
          (1) In general.--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.
                  (A) Public participation.--The Scientific 
                Advisory Subcommittee shall determine its 
                organization, and prescribe its practices and 
                procedures for carrying out its functions under 
                this chapter, the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1801 
                et seq.), and the Convention. The Scientific 
                Advisory Subcommittee shall publish and make 
                available to the public a statement of its 
                organization, practices, and procedures. 
                Meetings of the Scientific Advisory 
                Subcommittee, except when in executive session, 
                shall be open to the public, and prior notice 
                of meetings shall be made public in a timely 
                fashion.
                  (B) Information sharing.--The Secretary and 
                the Secretary of State shall furnish the 
                Scientific Advisory Subcommittee with relevant 
                information concerning fisheries and 
                international fishery agreements.
                  (C) Administrative matters.--
                          (i) In general.--The Secretary shall 
                        provide to the Scientific Advisory 
                        Subcommittee in a timely manner such 
                        administrative and technical support 
                        services as are necessary for its 
                        effective functioning.
                          (ii) Compensation.--An individual 
                        appointed to serve as a member of the 
                        Scientific Advisory Subcommittee--
                                  (I) shall serve without pay, 
                                but while away from home or 
                                regular place of business to 
                                attend meetings of the 
                                Scientific Advisory 
                                Subcommittee shall be allowed 
                                travel expenses, including per 
                                diem in lieu of subsistence, in 
                                the same manner as a person 
                                employed intermittently in the 
                                Government service is allowed 
                                expenses under section 5703 of 
                                title 5, United States Code; 
                                and
                                  (II) shall not be considered 
                                a Federal employee, 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 18, United States Code.
          [(2) Scientific Advisory Subcommittee.--] (2)  
        Functions and assistance._
                  (A) Advice.--The Scientific Advisory 
                Subcommittee shall advise the General Advisory 
                Committee and the Commissioners on matters 
                including--
                          (i) the conservation of ecosystems;
                          (ii) the sustainable uses of living 
                        marine resources related to the tuna 
                        fishery in the eastern Pacific Ocean; 
                        and
                          (iii) the long-term conservation and 
                        management of stocks of living marine 
                        resources in the eastern tropical 
                        Pacific Ocean.
                  (B) Other functions and assistance.--The 
                Scientific Advisory Subcommittee shall, as 
                requested by the General Advisory Committee, 
                the United States Commissioners, or the 
                Secretary, perform functions and provide 
                assistance required by formal agreements 
                entered into by the United States for this 
                fishery, including the International Dolphin 
                Conservation Program. These functions may 
                include--
                          (i) the review of data from the 
                        Program, including data received from 
                        the Inter-American Tropical Tuna 
                        Commission;
                          (ii) recommendations on research 
                        needs, including ecosystems, fishing 
                        practices, and gear technology 
                        research, including the development and 
                        use of selective, environmentally safe 
                        and cost-effective fishing gear, and on 
                        the coordination and facilitation of 
                        such research;
                          (iii) recommendations concerning 
                        scientific reviews and assessments 
                        required under the Program and 
                        engaging, as appropriate, in such 
                        reviews and assessments;
                          (iv) consulting with other experts as 
                        needed; and
                          (v) recommending measures to assure 
                        the regular and timely full exchange of 
                        data among the parties to the Program 
                        and each nation's National Scientific 
                        Advisory Committee (or its equivalent).
          (3) Attendance at meetings.--The Scientific Advisory 
        Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States 
        sections and the [General Advisory Subcommittee] 
        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. SECRETARY OF STATE TO ACT FOR UNITED STATES.]   SEC. 6. 
                    RULEMAKING.

                            [16 U.S.C. 955]

  [(a) Approval of Commission Bylaws and Rules; Action on 
Reports, Requests, and Recommendations.--The Secretary of State 
is authorized to approve or disapprove, on behalf of the United 
States Government, bylaws and rules, or amendments thereof, 
adopted by each commission and submitted for approval of the 
United States Government in accordance with the provisions of 
the conventions, and, with the concurrence of the Secretary of 
Commerce, to approve or disapprove the general annual programs 
of the commissions. The Secretary of State is further 
authorized to receive, on behalf of the United States 
Government, reports, requests, recommendations, and other 
communications of the commissions, and to take appropriate 
action thereon either directly or by reference to the 
appropriate authority.
  [(b) Regulations.--Regulations recommended by each commission 
pursuant to the convention requiring the submission to the 
commission of records of operations by boat captains or other 
persons who participate in the fisheries covered by the 
convention, upon the concurrent approval of the Secretary of 
State and the Secretary of Commerce, 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.]
  (a) Regulations.--The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, 
the Secretary of the Department in which the Coast Guard is 
operating, may promulgate such regulations as may be necessary 
to carry out the United States international obligations under 
the Convention and this Act, including recommendations and 
decisions adopted by the Commission. In cases where the 
Secretary has discretion in the implementation of one or more 
measures adopted by the Commission that would govern fisheries 
under the authority of a Regional Fishery Management Council, 
the Secretary may, to the extent practicable within the 
implementation schedule of the Convention and any 
recommendations and decisions adopted by the Commission, 
promulgate such regulations in accordance with the procedures 
established by the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).
  (b) Jurisdiction.--The Secretary may promulgate regulations 
applicable to all vessels and persons subject to the 
jurisdiction of the United States, including United States flag 
vessels wherever they may be operating, on such date as the 
Secretary shall prescribe.
  (c) [Rulemaking Procedures; Prohibitions.--] (c)   Additional 
Authority._[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 Commerce upon approval of such 
recommendations by the Secretary of State and the Secretary of 
Commerce. The Secretary of Commerce 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 Commerce shall prescribe, but in no event prior to an agreed 
date for the application by all countries whose vessels engage 
in fishing for species covered by the convention in the 
regulatory area on a meaningful scale, in terms of effect upon 
the success of the conservation program, of effective measures 
for the implementation of the commission's recommendation 
applicable to all vessels and persons subject to their 
respective jurisdictions.] The Secretary of Commerce shall 
suspend at any time the [application of any such regulations] 
application of regulations promulgated to carry out the 
recommendations of the Commission when, after consultation with 
the Secretary of State and the United States Commissioners, 
[he]  the Secretary of Commerce determines that foreign fishing 
operations in the regulatory area are such as to constitute a 
serious threat to the achievement of the objectives of the 
commission's recommendations. [The regulations thus promulgated 
may include the selection for regulation of one or more of the 
species covered by the convention; the division of the 
convention waters into areas; the establishment of one more 
open or closed seasons as to each area; the limitation of the 
size of the fish and quantity of the catch which may be taken 
from each area within any season during which fishing is 
allowed; the limitation or prohibition of the incidental catch 
of a regulated species which may be retained, taken, possessed, 
or landed by vessels or persons fishing for other species of 
fish; the requiring of such clearance certificates for vessels 
as may be necessary to carry out the purposes of the convention 
and this Act; and such other measures incidental thereto as the 
Secretary of Commerce may deem necessary to implement the 
recommendations of the commission: Provided, That upon the 
promulgation of any such regulations the Secretary of Commerce 
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 Commerce, 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 
Commerce is satisfied that the condition warranting the 
prohibition no longer exists, except that all fish in any form 
of the species under regulation which were previously 
prohibited from entry shall continue to be prohibited from 
entry.]

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

                            [16 U.S.C. 957]

  [(a) It shall be unlawful for any master or other person in 
charge of a fishing vessel of the United States to engage in 
fishing in violation of any regulation adopted pursuant to 
section 6(c) of this Act, or for any person knowingly to ship, 
transport, purchase, sell, offer for sale, import, export, or 
have in custody, possession, or control any fish taken or 
retained in violation of such regulations.
  [(b) It shall be unlawful for the master or any person in 
charge of any fishing vessel of the United States or any person 
on board such vessel to fail to make, keep, or furnish any 
catch returns, statistical records, or other reports as are 
required by regulations adopted pursuant to this Act to be 
made, kept, or furnished; or to fail to stop upon being hailed 
by a duly authorized official of the United States; or to 
refuse to permit the duly authorized officials of the United 
States or authorized officials of the commissions to board such 
vessel or inspect its catch, equipment, books, documents, 
records, or other articles or question the persons on board in 
accordance with the provisions of this Act, or the convention, 
as the case may be.
  [(c) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to section 6(c) of 
this Act, from any country, any fish in any form of those 
species subject to regulation pursuant to a recommendation of 
the commission, or any tuna in any form not under regulation, 
but under investigation by the commission, during the period 
such fish have been denied entry in accordance with the 
provisions of section 6(c) of this Act. In the case of any fish 
as described in this subsection offered for entry into the 
United States, the Secretary of the Interior shall require 
proof satisfactory to him that such fish is not ineligible for 
such entry under the terms of section 6(c) of this Act.
  [(d) Any person violating any provision of subsection (a) of 
this section shall be fined not more than $25,000, and for a 
subsequent violation of any provisions of said subsection (a) 
shall be fined not more than $50,000.
  [(e) Any person violating any provision of subsection (b) of 
this section shall be fined not more than $1,000, and for a 
subsequent violation of any provision of subsection (b) shall 
be fined not more than $5,000.
  [(f) Any person violating any provision of subsection (c) of 
this section shall be fined not more than $100,000.
  [(g) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.
  [(h) All provisions of law relating to the seizure, judicial 
forfeiture, and condemnation of a cargo for violation of the 
customs laws, the disposition of such cargo or the proceeds 
from the sale thereof, and the remission or mitigation of such 
forfeitures shall apply to seizures and forfeitures incurred, 
or alleged to have been incurred, under the provisions of this 
Act, insofar as such provisions of law are applicable and not 
inconsistent with the provisions of this Act.]

SEC. 8. PROHIBITED ACTS.

  It is unlawful for any person--
          (1) to violate any provision of this chapter or any 
        regulation or permit issued pursuant to this Act;
          (2) to use any fishing vessel to engage in fishing 
        after the revocation, or during the period of 
        suspension, of an applicable permit issued pursuant to 
        this Act;
          (3) to refuse to permit any officer authorized to 
        enforce the provisions of this Act (as provided for in 
        section 10) to board a fishing vessel subject to such 
        person's control for the purposes of conducting any 
        search, investigation or inspection in connection with 
        the enforcement of this Act or any regulation, permit, 
        or the Convention;
          (4) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with 
        any such authorized officer in the conduct of any 
        search, investigations or inspection in connection with 
        the enforcement of this Act or any regulation, permit, 
        or the Convention;
          (5) to resist a lawful arrest for any act prohibited 
        by this Act;
          (6) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of this Act or any regulation, permit, or agreement 
        referred to in paragraph (1) or (2);
          (7) to interfere with, delay, or prevent, by any 
        means, the apprehension or arrest of another person, 
        knowing that such other person has committed any act 
        prohibited by this section;
          (8) to knowingly and willfully submit to the 
        Secretary false information regarding any matter that 
        the Secretary is considering in the course of carrying 
        out this Act;
          (9) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, attempt to bribe, 
        or interfere with any observer on a vessel under the 
        Convention, or any data collector employed by the 
        National Marine Fisheries Service or under contract to 
        any person to carry out responsibilities under this 
        Act;
          (10) to engage in fishing in violation of any 
        regulation adopted pursuant to section 6 of this Act;
          (11) to ship, transport, purchase, sell, offer for 
        sale, import, export, or have in custody, possession, 
        or control any fish taken or retained in violation of 
        such regulations;
          (12) to fail to make, keep, or furnish any catch 
        returns, statistical records, or other reports as are 
        required by regulations adopted pursuant to this Act to 
        be made, kept, or furnished;
          (13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the 
        United States; or
          (14) to import any fish in any form in violation of 
        any regulation adopted pursuant to section 6 of this 
        Act.

[SEC. 10. ENFORCEMENT OF CHAPTER.

                            [16 U.S.C. 959]

  [(a) Issuance of Process.--The judges of the United States 
district courts and United States commissioners may, within 
their respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued pursuant thereto.
  [(b) Federal Law Enforcement Agents.--Enforcement of the 
provisions of this Act and the regulations issued pursuant 
thereto shall be the joint responsibility of the United States 
Coast Guard, the United States Department of the Interior, and 
the United States Bureau of Customs. In addition, the Secretary 
of the Interior may designate officers and employees of the 
States of the United States, of the Commonwealth of Puerto 
Rico, and of American Samoa to carry out enforcement activities 
hereunder. When so designated, such officers and employees are 
authorized to function as Federal law enforcement agents for 
these purposes.
  [(c) Execution of Process.--Any person authorized to carry 
out enforcement activities hereunder shall have the power to 
execute any warrant or process issued by any officer or court 
of competent jurisdiction for the enforcement of this Act.
  [(d) Arrests.--Such person so authorized shall have the 
power--
          [(1) with or without a warrant or other process, to 
        arrest any persons subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued 
        thereunder;
          [(2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of such search he 
        has reasonable cause to believe that such vessel or any 
        person on board is engaging in operations in violation 
        of the provisions of this Act or the regulations issued 
        thereunder, then to arrest such person.
  [(e) Seizures and Disposition of Fish.--Such person so 
authorized may seize, whenever and wherever lawfully found, all 
fish taken or retained in violation of the provisions of this 
Act or the regulations issued pursuant thereto. Any fish so 
seized may be disposed of pursuant to the order of a court of 
competent jurisdiction, pursuant to the provisions of 
subsection (f) of this section or, if perishable, in a manner 
prescribed by regulations of the Secretary of the Interior.
  [(f) Security.--Notwithstanding the provisions of section 
2464 of title 28 of the United States Code, when a warrant of 
arrest or other process in rem is issued in any cause under 
this section, the marshal or other officer shall stay the 
execution of such process, or discharge any fish seized if the 
process has been levied, on receiving from the claimant of the 
fish a bond or stipulation for the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction of the offense, conditioned to 
deliver the fish seized, if condemned, without impairment in 
value or, in the discretion of the court, to pay its equivalent 
value in money or otherwise to answer the decree of the court 
in such cause. Such bond or stipulation shall be returned to 
the court and judgment thereon against both the principal and 
sureties may be recovered in event of any breach of the 
conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the fish may be sold for not less than its reasonable 
market value and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.]

SEC. 10. ENFORCEMENT.

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

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

                            [16 U.S.C. 962]

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

              [EASTERN PACIFIC TUNA LICENSING ACT OF 1984

                        [16 U.S.C. 972 et seq.]

[SEC. 2. DEFINITIONS.

                            [16 U.S.C. 972]

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

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

                            [16 U.S.C. 972a]

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

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

                            [16 U.S.C. 972b]

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

[SEC. 5. APPLICATION TO OTHER LAWS.

                            [16 U.S.C. 972c]

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

[SEC. 6. DISPOSITION OF FEES.

                            [16 U.S.C. 972d]

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

[SEC. 7. REGULATIONS.

                            [16 U.S.C. 972e]

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

[SEC. 8. PROHIBITED ACTS.

                            [16 U.S.C. 972f]

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

[SEC. 9. ENFORCEMENT.

                            [16 U.S.C. 972g]

  [(a) Warrants.--The judges of the United States district 
courts and United States magistrates may, within their 
respective jurisdictions, upon proper oath or affirmation 
showing probable cause, issue such warrants or other process as 
may be required for enforcement of this Act and the regulations 
issued under section 7.
  [(b) Joint Responsibility for Enforcement.--The enforcement 
of this Act and the regulations issued under section 7 shall be 
the joint responsibility of the department in which the Coast 
Guard is operating, the Department of Commerce, and the United 
States Customs Service. In addition, the Secretary of Commerce 
may designate officers and employees of the States of the 
United States, of the Commonwealth of Puerto Rico, and of 
American Samoa to carry out enforcement activities under this 
section. When so designated, such officers and employees may 
function as Federal law enforcement agents for these purposes.
  [(c) Execution of Warrants and Process.--An individual 
authorized to carry out enforcement activities under this 
section has power to execute any warrant or process issued by 
any officer or court of competent jurisdiction for the 
enforcement of this Act.
  [(d) Arrest; Search.--An individual so authorized to carry 
out enforcement activities under this section has power--
          [(1) with or without a warrant or other process, to 
        arrest any person subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued under 
        section 7;
          [(2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if, as a result of the search he 
        has reasonable cause to believe that such vessel or any 
        individual on board is engaging in operations in 
        violation of this Act or any regulation issued 
        thereunder to arrest such person.]
  [(e) Seizure.--An individual authorized to enforce this Act 
may seize, whenever or wherever lawfully found, all species of 
designated tuna taken or retained in violation of this Act or 
the regulations issued under section 7. Any species so seized 
may be disposed of pursuant to the order of a court of 
competent jurisdiction, under subsection (f) of this section 
or, if perishable, in a manner prescribed by regulations of the 
Secretary of Commerce.
  [(f) Bond or Stipulation for Value of the Property.--
Notwithstanding the provisions of section 2464 of title 28, 
United States Code, when a warrant of arrest or other process 
in rem is issued in any cause under this section, the marshal 
or other officer shall stay the execution of such process, or 
discharge any species of designated tuna seized if the process 
has been levied, on receiving from the claimant of the species 
a bond or stipulation for the value of the property with 
sufficient surety to be approved by a judge of the district 
court having jurisdiction of the offense, conditioned to 
deliver the species seized, if condemned, without impairment in 
value or, in the discretion of the court, to pay its equivalent 
value in money or otherwise to answer the decree of the court 
in such cause. Such bond or stipulation shall be returned to 
the court and judgment thereon against both the principal and 
sureties may be recovered in event of any breach of the 
conditions thereof as determined by the court. In the 
discretion of the accused, and subject to the direction of the 
court, the species may be sold for not less than its reasonable 
market value and the proceeds of such sale placed in the 
registry of the court pending judgment in the case.]

[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

                            [16 U.S.C. 972h]

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

                THE MARINE MAMMAL PROTECTION ACT OF 1972

                        [16 U.S.C. 1361 et seq.]

SEC. 101. MORATORIUM ON TAKING AND IMPORTING MARINE MAMMALS AND MARINE 
                    MAMMAL PRODUCTS

                            [16 U.S.C. 1371]

  (a) Imposition; Exceptions.--There shall be a moratorium on 
the taking and importation of marine mammals and marine mammal 
products, commencing on the effective date of this Act, during 
which time no permit may be issued for the taking of any marine 
mammal and no marine mammal or marine mammal product may be 
imported into the United States except in the following cases:
          (1) Consistent with the provisions of section 104, 
        permits may be issued by the Secretary for taking, and 
        importation for purposes of scientific research, public 
        display, photography for educational or commercial 
        purposes, or enhancing the survival or recovery of a 
        species or stock, or for importation of polar bear 
        parts (other than internal organs) taken in sport hunts 
        in Canada. Such permits, except permits issued under 
        section 104(c)(5), may be issued if the taking or 
        importation proposed to be made is first reviewed by 
        the Marine Mammal Commission and the Committee of 
        Scientific Advisors on Marine Mammals established under 
        title II. The Commission and Committee shall recommend 
        any proposed taking or importation, other than 
        importation under section 104(c)(5), which is 
        consistent with the purposes and policies of section 2 
        of this Act. If the Secretary issues such a permit for 
        importation, the Secretary shall issue to the importer 
        concerned a certificate to that effect in such form as 
        the Secretary of the Treasury prescribes, and such 
        importation may be made upon presentation of the 
        certificate to the customs officer concerned.
          (2) Marine mammals may be taken incidentally in the 
        course of commercial fishing operations and permits may 
        be issued therefor under section 104 subject to 
        regulations prescribed by the Secretary in accordance 
        with section 103, or in lieu of such permits, 
        authorizations may be granted therefor under section 
        118, subject to regulations prescribed under that 
        section by the Secretary without regard to section 103. 
        Such authorizations may be granted under title III with 
        respect to purse seine fishing for yellowfin tuna in 
        the eastern tropical Pacific Ocean, subject to 
        regulations prescribed under that title by the 
        Secretary without regard to section 103. In any event 
        it shall be the immediate goal that the incidental kill 
        or incidental serious injury of marine mammals 
        permitted in the course of commercial fishing 
        operations be reduced to insignificant levels 
        approaching a zero mortality and serious injury rate. 
        The Secretary of the Treasury shall ban the importation 
        of commercial fish or products from fish which have 
        been caught with commercial fishing technology which 
        results in the incidental kill or incidental serious 
        injury of ocean mammals in excess of United States 
        standards. For purposes of applying the preceding 
        sentence, the Secretary--
                  (A) shall insist on reasonable proof from the 
                government of any nation from which fish or 
                fish products will be exported to the United 
                States of the effects on ocean mammals of the 
                commercial fishing technology in use for such 
                fish or fish products exported from such nation 
                to the United States;
                  (B) in the case of yellowfin tuna harvested 
                with purse seine nets in the eastern tropical 
                Pacific Ocean, and products therefrom, to be 
                exported to the United States, shall require 
                that the government of the exporting nation 
                provide documentary evidence that--
                          (i) (I) the tuna or products 
                        therefrom were not banned from 
                        importation under this paragraph before 
                        the effective date of section 4 of the 
                        International Dolphin Conservation 
                        Program Act; or
                          (II) the tuna or products therefrom 
                        were harvested after the effective date 
                        of section 4 of the International 
                        Dolphin Conservation Program Act by 
                        vessels of a nation which participates 
                        in the International Dolphin 
                        Conservation Program, and such 
                        harvesting nation is either a member of 
                        the Inter-American Tropical Tuna 
                        Commission or has initiated (and within 
                        6 months thereafter completed) all 
                        steps required of applicant nations, in 
                        accordance with [article V, paragraph 3 
                        of the Convention establishing the 
                        Inter-American Tropical Tuna 
                        Commission] Article XXX of the 
                        Convention for the Strengthening of the 
                        Inter-American Tropical Tuna Commission 
                        (also known as the Antigua Convention), 
                        to become a member of that 
                        organization;
                          (ii) such nation is meeting the 
                        obligations of the International 
                        Dolphin Conservation Program and the 
                        obligations of membership in the Inter-
                        American Tropical Tuna Commission, 
                        including all financial obligations; 
                        and
                          (iii) the total dolphin mortality 
                        limits, and per-stock per-year dolphin 
                        mortality limits permitted for that 
                        nation's vessels under the 
                        International Dolphin Conservation 
                        Program do not exceed the limits 
                        determined for 1997, or for any year 
                        thereafter, consistent with the 
                        objective of progressively reducing 
                        dolphin mortality to a level 
                        approaching zero through the setting of 
                        annual limits and the goal of 
                        eliminating dolphin mortality, and 
                        requirements of the International 
                        Dolphin Conservation Program;
                  (C) shall not accept such documentary 
                evidence if--
                          (i) the government of the harvesting 
                        nation does not provide directly or 
                        authorize the Inter-American Tropical 
                        Tuna Commission to release complete and 
                        accurate information to the Secretary 
                        in a timely manner--
                                  (I) to allow determination of 
                                compliance with the 
                                International Dolphin 
                                Conservation Program; and
                                  (II) for the purposes of 
                                tracking and verifying 
                                compliance with the minimum 
                                requirements established by the 
                                Secretary in regulations 
                                promulgated under subsection 
                                (f) of the Dolphin Protection 
                                Consumer Information Act (16 
                                U.S.C. 1385(f)); or
                          (ii) after taking into consideration 
                        such information, findings of the 
                        Inter-American Tropical Tuna 
                        Commission, and any other relevant 
                        information, including information that 
                        a nation is consistently failing to 
                        take enforcement actions on violations 
                        which diminish the effectiveness of the 
                        International Dolphin Conservation 
                        Program, the Secretary, in consultation 
                        with the Secretary of State, finds that 
                        the harvesting nation is not in 
                        compliance with the International 
                        Dolphin Conservation Program.
                  (D) shall require the government of any 
                intermediary nation to certify and provide 
                reasonable proof to the Secretary that it has 
                not imported, within the preceding six months, 
                any yellowfin tuna or yellowfin tuna products 
                that are subject to a direct ban on importation 
                to the United States under subparagraph (B);
                  (E) shall, six months after importation of 
                yellowfin tuna or tuna products has been banned 
                under this section, certify such fact to the 
                President, which certification shall be deemed 
                to be a certification for the purposes of 
                section 8(a) of the Fishermen's Protective Act 
                of 1967 (22 U.S.C. 1978(a)) for as long as such 
                ban is in effect; and
                  (F) (i) except as provided in clause (ii), in 
                the case of fish or products containing fish 
                harvested by a nation whose fishing vessels 
                engage in high seas driftnet fishing, shall 
                require that the government of the exporting 
                nation provide documentary evidence that the 
                fish or fish product was not harvested with a 
                large-scale driftnet in the South Pacific Ocean 
                after July 1, 1991, or in any other water of 
                the high seas after January 1, 1993, and
                          (ii) in the case of tuna or a product 
                        containing tuna harvested by a nation 
                        whose fishing vessels engage in high 
                        seas driftnet fishing, shall require 
                        that the government of the exporting 
                        nation provide documentary evidence 
                        that the tuna or tuna product was not 
                        harvested with a large-scale driftnet 
                        anywhere on the high seas after July 1, 
                        1991.
                For purposes of subparagraph (F), the term 
                ``driftnet'' has the meaning given such term in 
                section 4003 of the Driftnet Impact Monitoring, 
                Assessment, and Control Act of 1987 (16 U.S.C. 
                1822 note), except that, until January 1, 1994, 
                the term ``driftnet'' does not include the use 
                in the northeast Atlantic Ocean of gillnets 
                with a total length not to exceed five 
                kilometers if the use is in accordance with 
                regulations adopted by the European Community 
                pursuant to the October 28, 1991, decision by 
                the Council of Fisheries Ministers of the 
                Community.
          (3)
                  (A) The Secretary, on the basis of the best 
                scientific evidence available and in 
                consultation with the Marine Mammal Commission, 
                is authorized and directed, from time to time, 
                having due regard to the distribution, 
                abundance, breeding habits, and times and lines 
                of migratory movements of such marine mammals, 
                to determine when, to what extent, if at all, 
                and by what means, it is compatible with this 
                Act to waive the requirements of this section 
                so as to allow taking, or importing of any 
                marine mammal, or any marine mammal product, 
                and to adopt suitable regulations, issue 
                permits, and make determinations in accordance 
                with sections 102, 103, 104, and 111 of this 
                title permitting and governing such taking and 
                importing, in accordance with such 
                determinations: Provided, however, That the 
                Secretary, in making such determinations, must 
                be assured that the taking of such marine 
                mammal is in accord with sound principles of 
                resource protection and conservation as 
                provided in the purposes and policies of this 
                Act: Provided further, however, That no marine 
                mammal or no marine mammal product may be 
                imported into the United States unless the 
                Secretary certifies that the program for taking 
                marine mammals in the country of origin is 
                consistent with the provisions and policies of 
                this Act. Products of nations not so certified 
                may not be imported into the United States for 
                any purpose, including processing for 
                exportation.
                  (B) Except for scientific research purposes, 
                photography for educational or commercial 
                purposes, or enhancing the survival or recovery 
                of a species or stock as provided for in 
                paragraph (1) of this subsection, or as 
                provided for under paragraph (5) of this 
                subsection, during the moratorium no permit may 
                be issued for the taking of any marine mammal 
                which has been designated by the Secretary as 
                depleted, and no importation may be made of any 
                such mammal.
          (4) (A) Except as provided in subparagraphs (B) and 
        (C), the provisions of this Act shall not apply to the 
        use of measures--
                          (i) by the owner of fishing gear or 
                        catch, or an employee or agent of such 
                        owner, to deter a marine mammal from 
                        damaging the gear or catch;
                          (ii) by the owner of other private 
                        property, or an agent, bailee, or 
                        employee of such owner, to deter a 
                        marine mammal from damaging private 
                        property;
                          (iii) by any person, to deter a 
                        marine mammal from endangering personal 
                        safety; or
                          (iv) by a government employee, to 
                        deter a marine mammal from damaging 
                        public property,
                so long as such measures do not result in the 
                death or serious injury of a marine mammal.
                  (B) The Secretary shall, through consultation 
                with appropriate experts, and after notice and 
                opportunity for public comment, publish in the 
                Federal Register a list of guidelines for use 
                in safely deterring marine mammals. In the case 
                of marine mammals listed as endangered species 
                or threatened species under the Endangered 
                Species Act of 1973, the Secretary shall 
                recommend specific measures which may be used 
                to nonlethally deter marine mammals. Actions to 
                deter marine mammals consistent with such 
                guidelines or specific measures shall not be a 
                violation of this Act.
                  (C) If the Secretary determines, using the 
                best scientific information available, that 
                certain forms of deterrence have a significant 
                adverse effect on marine mammals, the Secretary 
                may prohibit such deterrent methods, after 
                notice and opportunity for public comment, 
                through regulation under this Act.
                  (D) The authority to deter marine mammals 
                pursuant to subparagraph (A) applies to all 
                marine mammals, including all stocks designated 
                as depleted under this Act.
          (5) (A) (i) Upon request therefor by citizens of the 
        United States who engage in a specified activity (other 
        than commercial fishing) within a specified 
        geographical region, the Secretary shall allow, during 
        periods of not more than five consecutive years each, 
        the incidental, but not intentional, taking by citizens 
        while engaging in that activity within that region of 
        small numbers of marine mammals of a species or 
        population stock if the Secretary, after notice (in the 
        Federal Register and in newspapers of general 
        circulation, and through appropriate electronic media, 
        in the coastal areas that may be affected by such 
        activity) and opportunity for public comment--
                                  (I) finds that the total of 
                                such taking during each five-
                                year (or less) period concerned 
                                will have a negligible impact 
                                on such species or stock and 
                                will not have an unmitigable 
                                adverse impact on the 
                                availability of such species or 
                                stock for taking for 
                                subsistence uses pursuant to 
                                subsection (b) or section 
                                109(f) or, in the case of a 
                                cooperative agreement under 
                                both this Act and the Whaling 
                                Convention Act of 1949 (16 
                                U.S.C. 916 et seq.), pursuant 
                                to section 112(c); and
                                  (II) prescribes regulations 
                                setting forth--
                                          (aa) permissible 
                                        methods of taking 
                                        pursuant to such 
                                        activity, and other 
                                        means of effecting the 
                                        least practicable 
                                        adverse impact on such 
                                        species or stock and 
                                        its habitat, paying 
                                        particular attention to 
                                        rookeries, mating 
                                        grounds, and areas of 
                                        similar significance, 
                                        and on the availability 
                                        of such species or 
                                        stock for subsistence 
                                        uses; and
                                          (bb) requirements 
                                        pertaining to the 
                                        monitoring and 
                                        reporting of such 
                                        taking.
                          (ii) For a military readiness 
                        activity (as defined in section 315(f) 
                        of Public Law 107-314; 16 U.S.C. 703 
                        note), a determination of ``least 
                        practicable adverse impact on such 
                        species or stock'' under clause 
                        (i)(II)(aa) shall include consideration 
                        of personnel safety, practicality of 
                        implementation, and impact on the 
                        effectiveness of the military readiness 
                        activity. Before making the required 
                        determination, the Secretary shall 
                        consult with the Department of Defense 
                        regarding personnel safety, 
                        practicality of implementation, and 
                        impact on the effectiveness of the 
                        military readiness activity.
                          (iii) Notwithstanding clause (i), for 
                        any authorization affecting a military 
                        readiness activity (as defined in 
                        section 315(f) of Public Law 107-314; 
                        16 U.S.C. 703 note), the Secretary 
                        shall publish the notice required by 
                        such clause only in the Federal 
                        Register.
                  (B) The Secretary shall withdraw, or suspend 
                for a time certain (either on an individual or 
                class basis, as appropriate) the permission to 
                take marine mammals under subparagraph (A) 
                pursuant to a specified activity within a 
                specified geographical region if the Secretary 
                finds, after notice and opportunity for public 
                comment (as required under subparagraph (A) 
                unless subparagraph (C)(i) applies), that--
                          (i) the regulations prescribed under 
                        subparagraph (A) regarding methods of 
                        taking, monitoring, or reporting are 
                        not being substantially complied with 
                        by a person engaging in such activity; 
                        or
                          (ii) the taking allowed under 
                        subparagraph (A) pursuant to one or 
                        more activities within one or more 
                        regions is having, or may have, more 
                        than a negligible impact on the species 
                        or stock concerned.
                  (C) (i) The requirement for notice and 
                opportunity for public comment in subparagraph 
                (B) shall not apply in the case of a suspension 
                of permission to take if the Secretary 
                determines that an emergency exists which poses 
                a significant risk to the well-being of the 
                species or stock concerned.
                          (ii) Sections 103 and 104 shall not 
                        apply to the taking of marine mammals 
                        under the authority of this paragraph.
                  (D)
                          (i) Upon request therefor by citizens 
                        of the United States who engage in a 
                        specified activity (other than 
                        commercial fishing) within a specific 
                        geographic region, the Secretary shall 
                        authorize, for periods of not more than 
                        1 year, subject to such conditions as 
                        the Secretary may specify, the 
                        incidental, but not intentional, taking 
                        by harassment of small numbers of 
                        marine mammals of a species or 
                        population stock by such citizens while 
                        engaging in that activity within that 
                        region if the Secretary finds that such 
                        harassment during each period 
                        concerned--
                                  (I) will have a negligible 
                                impact on such species or 
                                stock, and
                                  (II) will not have an 
                                unmitigable adverse impact on 
                                the availability of such 
                                species or stock for taking for 
                                subsistence uses pursuant to 
                                subsection (b), or section 
                                109(f) or pursuant to a 
                                cooperative agreement under 
                                section 119.
                          (ii) The authorization for such 
                        activity shall prescribe, where 
                        applicable--
                                  (I) permissible methods of 
                                taking by harassment pursuant 
                                to such activity, and other 
                                means of effecting the least 
                                practicable impact on such 
                                species or stock and its 
                                habitat, paying particular 
                                attention to rookeries, mating 
                                grounds, and areas of similar 
                                significance, and on the 
                                availability of such species or 
                                stock for taking for 
                                subsistence uses pursuant to 
                                subsection (b) or section 
                                109(f) or pursuant to a 
                                cooperative agreement under 
                                section 119,
                                  (II) the measures that the 
                                Secretary determines are 
                                necessary to ensure no 
                                unmitigable adverse impact on 
                                the availability of the species 
                                or stock for taking for 
                                subsistence uses pursuant to 
                                subsection (b) or section 
                                109(f) or pursuant to a 
                                cooperative agreement under 
                                section 119, and
                                  (III) requirements pertaining 
                                to the monitoring and reporting 
                                of such taking by harassment, 
                                including requirements for the 
                                independent peer review of 
                                proposed monitoring plans or 
                                other research proposals where 
                                the proposed activity may 
                                affect the availability of a 
                                species or stock for taking for 
                                subsistence uses pursuant to 
                                subsection (b) or section 
                                109(f) or pursuant to a 
                                cooperative agreement under 
                                section 119.
                          (iii) The Secretary shall publish a 
                        proposed authorization not later than 
                        45 days after receiving an application 
                        under this subparagraph and request 
                        public comment through notice in the 
                        Federal Register, newspapers of general 
                        circulation, and appropriate electronic 
                        media and to all locally affected 
                        communities for a period of 30 days 
                        after publication. Not later than 45 
                        days after the close of the public 
                        comment period, if the Secretary makes 
                        the findings set forth in clause (i), 
                        the Secretary shall issue an 
                        authorization with appropriate 
                        conditions to meet the requirements of 
                        clause (ii).
                          (iv) The Secretary shall modify, 
                        suspend, or revoke an authorization if 
                        the Secretary finds that the provisions 
                        of clauses (i) or (ii) are not being 
                        met.
                          (v) A person conducting an activity 
                        for which an authorization has been 
                        granted under this subparagraph shall 
                        not be subject to the penalties of this 
                        Act for taking by harassment that 
                        occurs in compliance with such 
                        authorization.
                          (vi) For a military readiness 
                        activity (as defined in section 315(f) 
                        of Public Law 107-314; 16 U.S.C. 703 
                        note), a determination of ``least 
                        practicable adverse impact on such 
                        species or stock'' under clause (i)(I) 
                        shall include consideration of 
                        personnel safety, practicality of 
                        implementation, and impact on the 
                        effectiveness of the military readiness 
                        activity. Before making the required 
                        determination, the Secretary shall 
                        consult with the Department of Defense 
                        regarding personnel safety, 
                        practicality of implementation, and 
                        impact on the effectiveness of the 
                        military readiness activity.
                          (vii) Notwithstanding clause (iii), 
                        for any authorization affecting a 
                        military readiness activity (as defined 
                        in section 315(f) of Public Law 107-
                        314; 16 U.S.C. 703 note), the Secretary 
                        shall publish the notice required by 
                        such clause only in the Federal 
                        Register.
                  (E)
                          (i) During any period of up to 3 
                        consecutive years, the Secretary shall 
                        allow the incidental, but not the 
                        intentional, taking by persons using 
                        vessels of the United States or vessels 
                        which have valid fishing permits issued 
                        by the Secretary in accordance with 
                        section 204(b) of the Magnuson-Stevens 
                        Fishery Conservation and Management Act 
                        (16 U.S.C. 1824(b)), while engaging in 
                        commercial fishing operations, of 
                        marine mammals from a species or stock 
                        designated as depleted because of its 
                        listing as an endangered species or 
                        threatened species under the Endangered 
                        Species Act of 1973 (16 U.S.C. 1531 et 
                        seq.) if the Secretary, after notice 
                        and opportunity for public comment, 
                        determines that--
                                  (I) the incidental mortality 
                                and serious injury from 
                                commercial fisheries will have 
                                a negligible impact on such 
                                species or stock;
                                  (II) a recovery plan has been 
                                developed or is being developed 
                                for such species or stock 
                                pursuant to the Endangered 
                                Species Act of 1973; and
                                  (III) where required under 
                                section 118, a monitoring 
                                program is established under 
                                subsection (d) of such section, 
                                vessels engaged in such 
                                fisheries are registered in 
                                accordance with such section, 
                                and a take reduction plan has 
                                been developed or is being 
                                developed for such species or 
                                stock.
                          (ii) Upon a determination by the 
                        Secretary that the requirements of 
                        clause (i) have been met, the Secretary 
                        shall publish in the Federal Register a 
                        list of those fisheries for which such 
                        determination was made, and, for 
                        vessels required to register under 
                        section 118, shall issue an appropriate 
                        permit for each authorization granted 
                        under such section to vessels to which 
                        this paragraph applies. Vessels engaged 
                        in a fishery included in the notice 
                        published by the Secretary under this 
                        clause which are not required to 
                        register under section 118 shall not be 
                        subject to the penalties of this Act 
                        for the incidental taking of marine 
                        mammals to which this paragraph 
                        applies, so long as the owner or master 
                        of such vessel reports any incidental 
                        mortality or injury of such marine 
                        mammals to the Secretary in accordance 
                        with section 118.
                          (iii) If, during the course of the 
                        commercial fishing season, the 
                        Secretary determines that the level of 
                        incidental mortality or serious injury 
                        from commercial fisheries for which a 
                        determination was made under clause (i) 
                        has resulted or is likely to result in 
                        an impact that is more than negligible 
                        on the endangered or threatened species 
                        or stock, the Secretary shall use the 
                        emergency authority granted under 
                        section 118 to protect such species or 
                        stock, and may modify any permit 
                        granted under this paragraph as 
                        necessary.
                          (iv) The Secretary may suspend for a 
                        time certain or revoke a permit granted 
                        under this subparagraph only if the 
                        Secretary determines that the 
                        conditions or limitations set forth in 
                        such permit are not being complied 
                        with. The Secretary may amend or 
                        modify, after notice and opportunity 
                        for public comment, the list of 
                        fisheries published under clause (ii) 
                        whenever the Secretary determines there 
                        has been a significant change in the 
                        information or conditions used to 
                        determine such list.
                          (v) Sections 103 and 104 shall not 
                        apply to the taking of marine mammals 
                        under the authority of this 
                        subparagraph.
                          (vi) This subparagraph shall not 
                        govern the incidental taking of 
                        California sea otters and shall not be 
                        deemed to amend or repeal the Act of 
                        November 7, 1986 (Public Law 99-625; 
                        100 Stat. 3500).
                  (F) Notwithstanding the provisions of this 
                subsection, any authorization affecting a 
                military readiness activity (as defined in 
                section 315(f) of Public Law 107-314; 16 U.S.C. 
                703 note) shall not be subject to the following 
                requirements:
                          (i) In subparagraph (A), ``within a 
                        specified geographical region'' and 
                        ``within that region of small 
                        numbers''.
                          (ii) In subparagraph (B), ``within a 
                        specified geographical region'' and 
                        ``within one or more regions''.
                          (iii) In subparagraph (D), ``within a 
                        specific geographic region'', ``of 
                        small numbers'', and ``within that 
                        region''.
          (6)
                  (A) A marine mammal product may be imported 
                into the United States if the product--
                          (i) was legally possessed and 
                        exported by any citizen of the United 
                        States in conjunction with travel 
                        outside the United States, provided 
                        that the product is imported into the 
                        United States by the same person upon 
                        the termination of travel;
                          (ii) was acquired outside of the 
                        United States as part of a cultural 
                        exchange by an Indian, Aleut, or Eskimo 
                        residing in Alaska; or
                          (iii) is owned by a Native inhabitant 
                        of Russia, Canada, or Greenland and is 
                        imported for noncommercial purposes in 
                        conjunction with travel within the 
                        United States or as part of a cultural 
                        exchange with an Indian, Aleut, or 
                        Eskimo residing in Alaska.
                  (B) For the purposes of this paragraph, the 
                term--
                          (i) ``Native inhabitant of Russia, 
                        Canada, or Greenland'' means a person 
                        residing in Russia, Canada, or 
                        Greenland who is related by blood, is a 
                        member of the same clan or ethnological 
                        grouping, or shares a common heritage 
                        with an Indian, Aleut, or Eskimo 
                        residing in Alaska; and
                          (ii) ``cultural exchange'' means the 
                        sharing or exchange of ideas, 
                        information, gifts, clothing, or 
                        handicrafts between an Indian, Aleut, 
                        or Eskimo residing in Alaska and a 
                        Native inhabitant of Russia, Canada, or 
                        Greenland, including rendering of raw 
                        marine mammal parts as part of such 
                        exchange into clothing or handicrafts 
                        through carving, painting, sewing, or 
                        decorating.

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SEC. 108. INTERNATIONAL PROGRAM.

                            [16 U.S.C. 1378]

  (a) Duties of Secretary.--The Secretary, through the 
Secretary of State, shall--
          (1) initiate negotiations as soon as possible for the 
        development of bilateral or multilateral agreements 
        with other nations for the protection and conservation 
        of all marine mammals covered by this Act;
          (2) initiate--
                  (A) negotiations as soon as possible with all 
                foreign governments which are engaged in, or 
                which have persons or companies engaged in, 
                commercial fishing operations which are found 
                by the Secretary to be unduly harmful to any 
                species or population stock of marine mammal, 
                for the purpose of entering into bilateral and 
                multilateral treaties with such countries to 
                protect marine mammals, with the Secretary of 
                State to prepare a draft agenda relating to 
                this matter for discussion at appropriate 
                international meetings and forums;
                  (B) discussions with foreign governments 
                whose vessels harvest yellowfin tuna with purse 
                seines in the eastern tropical Pacific Ocean, 
                for the purpose of concluding, through the 
                Inter-American Tropical Tuna Commission or such 
                other bilateral or multilateral institutions as 
                may be appropriate, international arrangements 
                for the conservation of marine mammals taken 
                incidentally in the course of harvesting such 
                tuna, which should include provisions for (i) 
                cooperative research into alternative methods 
                of locating and catching yellowfin tuna which 
                do not involve the taking of marine mammals, 
                (ii) cooperative research on the status of 
                affected marine mammal population stocks, (iii) 
                reliable monitoring of the number, rate, and 
                species of marine mammals taken by vessels of 
                harvesting nations, (iv) limitations on 
                incidental take levels based upon the best 
                scientific information available, and (v) the 
                use of the best marine mammal safety techniques 
                and equipment that are economically and 
                technologically practicable to reduce the 
                incidental kill and serious injury of marine 
                mammals to insignificant levels approaching a 
                zero mortality and serious injury rate; and
                  [(C) negotiations to revise the Convention 
                for the Establishment of an Inter-American 
                Tropical Tuna Commission (1 U.S.T. 230; TIAS 
                2044) which will incorporate--
                          [(i) the conservation and management 
                        provisions agreed to by the nations 
                        which have signed the Declaration of 
                        Panama and in the Straddling Fish 
                        Stocks and Highly Migratory Fish Stocks 
                        Agreement, as opened for signature on 
                        December 4, 1995; and
                          [(ii) a revised schedule of annual 
                        contributions to the expenses of the 
                        Inter-American Tropical Tuna Commission 
                        that is equitable to participating 
                        nations; and]
                  [(D)] (C) discussions with those countries 
                participating, or likely to participate, in the 
                International Dolphin Conservation Program, for 
                the purpose of identifying sources of funds 
                needed for research and other measures 
                promoting effective protection of dolphins, 
                other marine species, and the marine ecosystem;
          (3) encourage such other agreements to promote the 
        purposes of this Act with other nations for the 
        protection of specific ocean and land regions which are 
        of special significance to the health and stability of 
        marine mammals;
          (4) initiate the amendment of any existing 
        international treaty for the protection and 
        conservation of any species of marine mammal to which 
        the United States is a party in order to make such 
        treaty consistent with the purposes and policies of 
        this Act;
          (5) seek the convening of an international 
        ministerial meeting on marine mammals before July 1, 
        1973, for the purposes of (A) the negotiation of a 
        binding international convention for the protection and 
        conservation of all marine mammals, and (B) the 
        implementation of paragraph (3) of this section; and
          (6) provide to the Congress by not later than one 
        year after the date of the enactment of this Act a full 
        report on the results of his efforts under this 
        section.

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SEC. 307. PROHIBITIONS.

                            [16 U.S.C. 1417]

  (a) In General.--It is unlawful--
          (1) for any person to sell, purchase, offer for sale, 
        transport, or ship, in the United States, any tuna or 
        tuna product unless the tuna or tuna product is either 
        dolphin safe or has been harvested in compliance with 
        the International Dolphin Conservation Program by a 
        country that is a member of the Inter-American Tropical 
        Tuna Commission or has initiated and within 6 months 
        thereafter completed all steps required of applicant 
        nations in accordance with [Article V, paragraph 3 of 
        the Convention establishing the Inter-American Tropical 
        Tuna Commission] Article XXX of the Convention for the 
        Strengthening of the Inter-American Tropical Tuna 
        Commission (also known as the Antigua Convention), to 
        become a member of that organization;
          (2) except as provided for in subsection 101(d), for 
        any person or vessel subject to the jurisdiction of the 
        United States intentionally to set a purse seine net on 
        or to encircle any marine mammal in the course of tuna 
        fishing operations in the eastern tropical Pacific 
        Ocean except in accordance with this title and 
        regulations issued pursuant to this title; and
          (3) for any person to import any yellowfin tuna or 
        yellowfin tuna product or any other fish or fish 
        product in violation of a ban on importation imposed 
        under section 101(a)(2);
          (4) for any person to violate any regulation 
        promulgated under this title;
          (5) for any person to refuse to permit any duly 
        authorized officer to board a vessel subject to that 
        person's control for purposes of conducting any search 
        or inspection in connection with the enforcement of 
        this title; and
          (6) for any person to assault, resist, oppose, 
        impede, intimidate, or interfere with any such 
        authorized officer in the conduct of any search or 
        inspection described in paragraph (5).

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