[House Report 114-212]
[From the U.S. Government Publishing Office]
114th Congress } { Rept. 114-212
HOUSE OF REPRESENTATIVES
1st Session } { Part 1
======================================================================
ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2015
_______
July 20, 2015.--Ordered to be printed
_______
Mr. Bishop of Utah, from the Committee on Natural Resources, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 774]
[Including cost estimate of the Congressional Budget Office]
The Committee on Natural Resources, to whom was referred
the bill (H.R. 774) to strengthen enforcement mechanisms to
stop illegal, unreported, and unregulated fishing, to amend the
Tuna Conventions Act of 1950 to implement the Antigua
Convention, and for other purposes, having considered the same,
report favorably thereon with an amendment and recommend that
the bill as amended do pass.
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal, Unreported, and Unregulated
Fishing Enforcement Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this Act is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium
Protection Act.
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement
Act.
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992.
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985.
Sec. 105. Amendments to the Western and Central Pacific Fisheries
Convention Implementation Act.
Sec. 106. Amendments to the Antarctic Marine Living Resources
Convention Act.
Sec. 107. Amendments to the Atlantic Tunas Convention Act.
Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965.
Sec. 109. Amendments to the Dolphin Protection Consumer Information
Act.
Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982.
Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act
of 1995.
Sec. 112. Amendment to the Magnuson-Stevens Fishery Conservation and
Management Act.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
Sec. 201. Short title.
Sec. 202. Amendment of the Tuna Conventions Act of 1950.
Sec. 203. Definitions.
Sec. 204. Commissioners; number, appointment, and qualifications.
Sec. 205. General Advisory Committee and Scientific Advisory
Subcommittee.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts.
Sec. 208. Enforcement.
Sec. 209. Reduction of bycatch.
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Duties and authorities of the Secretary.
Sec. 305. Authorization or denial of port entry.
Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.
TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS
SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM
PROTECTION ACT.
(a) Administration and Enforcement.--
(1) In general.--Section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended
by inserting before the first sentence the following:
``(a) In General.--The Secretary and the Secretary of the department
in which the Coast Guard is operating shall enforce this Act, and the
Acts to which this section applies, in accordance with this section.
Each such Secretary may, by agreement, on a reimbursable basis or
otherwise, utilize the personnel services, equipment (including
aircraft and vessels), and facilities of any other Federal agency, and
of any State agency, in the performance of such duties.
``(b) Acts to Which Section Applies.--This section applies to--
``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631
et seq.);
``(2) the Dolphin Protection Consumer Information Act (16
U.S.C. 1385);
``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et
seq.);
``(4) the North Pacific Anadromous Stocks Act of 1992 (16
U.S.C. 5001 et seq.);
``(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C.
971 et seq.);
``(6) the Northwest Atlantic Fisheries Convention Act of 1995
(16 U.S.C. 5601 et seq.);
``(7) the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6901 et seq.); and
``(8) the Antigua Convention Implementing Act of 2015.
``(c) Administration and Enforcement.--
``(1) In general.--The Secretary shall prevent any person
from violating this Act, or any Act to which this section
applies, in the same manner, by the same means, and with the
same jurisdiction, powers, and duties as though sections 308
through 311 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1858 through 1861) were incorporated
into and made a part of and applicable to this Act and each
such Act.
``(2) International cooperation.--The Secretary may, subject
to appropriations and in the course of carrying out the
Secretary's responsibilities under the Acts to which this
section applies, engage in international cooperation to help
other nations combat illegal, unreported, and unregulated
fishing and achieve sustainable fisheries.
``(d) Special Rules.--
``(1) Additional enforcement authority.--In addition to the
powers of officers authorized pursuant to subsection (c), any
officer who is authorized by the Secretary, or the head of any
Federal or State agency that has entered into an agreement with
the Secretary under subsection (a), may enforce the provisions
of any Act to which this section applies, with the same
jurisdiction, powers, and duties as though section 311 of the
Magnuson-Stevens Fishery Conservation and Management Act (16
U.S.C. 1861) were incorporated into and made a part of each
such Act.
``(2) Disclosure of enforcement information.--
``(A) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1881a), may disclose, as necessary and
appropriate, information, including information
collected under joint authority of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.) and the Atlantic Tunas Convention Act of 1975
(16 U.S.C. 71 et seq.) or the Western and Central
Pacific Fisheries Convention Implementation Act (16
U.S.C. 6901 et seq.) or other statutes implementing
international fishery agreements, to any other Federal
or State government agency, the Food and Agriculture
Organization of the United Nations, the secretariat or
equivalent of an international fishery management
organization or arrangement made pursuant to an
international fishery agreement, or a foreign
government, if--
``(i) such government, organization, or
arrangement has policies and procedures to
protect such information from unintended or
unauthorized disclosure; and
``(ii) such disclosure is necessary--
``(I) to ensure compliance with any
law or regulation enforced or
administered by the Secretary;
``(II) to administer or enforce any
international fishery agreement to
which the United States is a party;
``(III) to administer or enforce a
binding conservation measure adopted by
any international organization or
arrangement to which the United States
is a party;
``(IV) to assist in any
investigative, judicial, or
administrative enforcement proceeding
in the United States; or
``(V) to assist in any law
enforcement action undertaken by a law
enforcement agency of a foreign
government, or in relation to a legal
proceeding undertaken by a foreign
government to the extent the
enforcement action is consistent with
rules and regulations of a regional
fisheries management organization (as
that term is defined by the United
Nation's Food and Agriculture
Organization Agreement on Port State
Measures to Prevent, Deter and
Eliminate Illegal, Unreported and
Unregulated Fishing) of which the
United States is a member, or the
Secretary has determined that the
enforcement action is consistent with
the requirements under Federal law for
enforcement actions with respect to
illegal, unreported, and unregulated
fishing.
``(B) Data confidentiality provisions not
applicable.--The data confidentiality provisions of
section 402 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a) shall
not apply with respect to this Act with respect to--
``(i) any obligation of the United States to
share information under a regional fisheries
management organization (as that term is
defined by the United Nation's Food and
Agriculture Organization Agreement on Port
State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing) of
which the United States is a member; or
``(ii) any information collected by the
Secretary regarding foreign vessels.
``(e) Prohibited Acts.--It is unlawful for any person--
``(1) to violate any provision of this Act or any regulation
or permit issued pursuant to this Act;
``(2) to refuse to permit any officer authorized to enforce
the provisions of this Act to board, search, or inspect a
vessel, subject to such person's control for the purposes of
conducting any search, investigation, or inspection in
connection with the enforcement of this Act, any regulation
promulgated under this Act, or any Act to which this section
applies;
``(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized officer in
the conduct of any search, investigation, or inspection
described in paragraph (2);
``(4) to resist a lawful arrest for any act prohibited by
this section or any Act to which this section applies;
``(5) to interfere with, delay, or prevent, by any means, the
apprehension, arrest, or detection of an other person, knowing
that such person has committed any act prohibited by this
section or any Act to which this section applies; or
``(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with--
``(A) any observer on a vessel under this Act or any
Act to which this section applies; or
``(B) any data collector employed by the National
Marine Fisheries Service or under contract to any
person to carry out responsibilities under this Act or
any Act to which this section applies.
``(f) Civil Penalty.--Any person who commits any act that is unlawful
under subsection (e) shall be liable to the United States for a civil
penalty, and may be subject to a permit sanction, under section 308 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858).
``(g) Criminal Penalty.--Any person who commits an act that is
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is
deemed to be guilty of an offense punishable under section 309(b) of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1859(b)).
``(h) Utilization of Federal Agency Assets.--''.
(2) Conforming amendment.--Section 308(a) of the Antarctic
Marine Living Resources Convention Act of 1984 (16 U.S.C.
2437(a)) is amended to read as follows:
``(a) In General.--Any person who commits an act that is unlawful
under section 306 shall be liable to the United States for a civil
penalty, and may be subject to a permit sanction, under section 308 of
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1858).''.
(b) Actions To Improve the Effectiveness of International Fishery
Management Organizations.--Section 608 of High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826i) is amended by--
(1) inserting before the first sentence the following: ``(a)
In General.--'';
(2) in subsection (a) (as designated by paragraph (1) of this
subsection) in the first sentence, inserting ``, or
arrangements made pursuant to an international fishery
agreement,'' after ``organizations''; and
(3) adding at the end the following new subsections:
``(b) Disclosure of Information.--
``(1) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1881a) except as provided in paragraph (2), may disclose, as
necessary and appropriate, information, including information
collected under joint authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et seq.) and
the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et
seq.), the Western and Central Pacific Fisheries Convention
Implementation Act (16 U.S.C. 6901 et seq.), any other statute
implementing an international fishery agreement, to any other
Federal or State government agency, the Food and Agriculture
Organization of the United Nations, or the secretariat or
equivalent of an international fishery management organization
or arrangement made pursuant to an international fishery
agreement, if such government, organization, or arrangement,
respectively, has policies and procedures to protect such
information from unintended or unauthorized disclosure.
``(2) Exceptions.--The data confidentiality provisions in
section 402 of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1881a) shall not apply with respect
to this Act--
``(A) for obligations of the United States to share
information under a regional fisheries management
organization (as that term is defined by the United
Nation's Food and Agriculture Organization Agreement on
Port State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing) of which
the United States is a member; or
``(B) to any information collected by the Secretary
regarding foreign vessels.
``(c) IUU Vessel Lists.--The Secretary may--
``(1) develop, maintain, and make public a list of vessels
and vessel owners engaged in illegal, unreported, or
unregulated fishing or fishing-related activities in support of
illegal, unreported, or unregulated fishing, including vessels
or vessel owners identified by an international fishery
management organization or arrangement made pursuant to an
international fishery agreement, that--
``(A) the United States is party to; or
``(B) the United States is not party to, but whose
procedures and criteria in developing and maintaining a
list of such vessels and vessel owners are
substantially similar to such procedures and criteria
adopted pursuant to an international fishery agreement
to which the United States is a party; and
``(2) take appropriate action against listed vessels and
vessel owners, including action against fish, fish parts, or
fish products from such vessels, in accordance with applicable
United States law and consistent with applicable international
law, including principles, rights, and obligations established
in applicable international fishery management agreements and
trade agreements.
``(d) Regulations.--The Secretary may promulgate regulations to
implement this section.''.
(c) Notification Regarding Identification of Nations.--Section 609(b)
of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
``(b) Notification.--The Secretary shall notify the President and
that nation of such an identification.''.
(d) Nations Identified Under Section 610.--Section 610(b)(1) of such
Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
``(1) notify, as soon as possible, the President and nations
that have been identified under subsection (a), and also notify
other nations whose vessels engage in fishing activities or
practices described in subsection (a), about the provisions of
this section and this Act;''.
(e) Effect of Certification Under Section 609.--Section
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by
striking ``that has not been certified by the Secretary under this
subsection, or''.
(f) Effect of Certification Under Section 610.--Section 610(c)(5) of
such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has not
been certified by the Secretary under this subsection, or''.
(g) Identification of Nations.--
(1) Scope of identification for actions of fishing vessels.--
Section 609(a) of such Act (16 U.S.C. 1826j(a)) is amended--
(A) in the matter preceding paragraph (1)--
(i) by inserting ``, based on a cumulative
compilation and analysis of data collected and
provided by international fishery management
organizations and other nations and
organizations,'' after ``shall''; and
(ii) by striking ``2 years'' and inserting
``3 years'';
(B) in paragraph (1), by inserting ``that undermines
the effectiveness of measures required by an
international fishery management organization, taking
into account whether'' after ``(1)''; and
(C) in paragraph (1), by striking ``vessels of''.
(2) Additional grounds for identification.--Section 609(a) of
such Act (16 U.S.C. 1826j(a)) is further amended--
(A) by redesignating paragraphs (1) and (2) in order
as subparagraphs (A) and (B) (and by moving the margins
of such subparagraphs 2 ems to the right);
(B) by inserting before the first sentence the
following:
``(1) Identification for actions of fishing vessels.--''; and
(C) by adding at the end the following:
``(2) Identification for actions of nation.--Taking into
account the factors described under section 609(a)(1), the
Secretary shall also identify, and list in such report, a
nation--
``(A) if it is violating, or has violated at any
point during the preceding three years, conservation
and management measures required under an international
fishery management agreement to which the United States
is a party and the violations undermine the
effectiveness of such measures; or
``(B) if it is failing, or has failed in the
preceding 3-year period, to effectively address or
regulate illegal, unreported, or unregulated fishing in
areas described under paragraph (1)(B).
``(3) Application to other entities.--Where the provisions of
this Act are applicable to nations, they shall also be
applicable, as appropriate, to other entities that have
competency to enter into international fishery management
agreements.''.
(3) Period of fishing practices supporting identification.--
Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is
amended by striking ``calendar year'' and inserting ``3
years''.
(h) Authorization of Appropriations.--There is authorized to be
appropriated to the Secretary of Commerce $450,000 for each of fiscal
years 2016 through 2020 to implement the amendments made by subsections
(b) and (g).
(i) Technical Corrections.--
(1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is
amended by striking ``whose vessels'' and inserting ``that''.
(2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is
amended by striking ``of its fishing vessels''.
(3) Section 609(d)(1)(A) of such Act (16 U.S.C.
1826j(d)(1)(A)) is amended by striking ``of its fishing
vessels''.
(4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is
amended--
(A) by striking ``for certification'' and inserting
``to authorize'';
(B) by inserting ``the importation'' after ``or other
basis'';
(C) by striking ``harvesting''; and
(D) by striking ``not certified under paragraph (1)''
and inserting ``issued a negative certification under
paragraph (1)''.
(5) Section 610 of such Act (16 U.S.C. 1826k) is amended as
follows:
(A) In subsection (a)(1), by striking ``practices;''
and inserting ``practices--''.
(B) In subsection (c)(4), by striking all preceding
subparagraph (B) and inserting the following:
``(4) Alternative procedure.--The Secretary may establish a
procedure to authorize, on a shipment-by-shipment, shipper-by-
shipper, or other basis the importation of fish or fish
products from a vessel of a nation issued a negative
certification under paragraph (1) if the Secretary determines
that such imports were harvested by practices that do not
result in bycatch of a protected marine species, or were
harvested by practices that--
``(A) are comparable to those of the United States,
taking into account different conditions; and''.
SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT
ACT.
(a) Negative Certification Effects.--Section 101 of the High Seas
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
(1) in subsection (a)(2), by striking ``recognized principles
of'';
(2) in subsection (a)(2)(A), by inserting ``or, as
appropriate, for fishing vessels of a nation that receives a
negative certification under section 609(d) or section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826)'' after ``(1)'';
(3) in subsection (a)(2)(B), by inserting before the period
the following: ``, except for the purposes of inspecting such
vessel, conducting an investigation, or taking other
appropriate enforcement action'';
(4) in subsection (b)(1)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing'';
(5) in subsections (b)(1)(B) and (b)(2), by striking ``or
illegal, unreported, or unregulated fishing'' each place it
appears;
(6) in subsection (b)(3)(A)(i), by inserting ``or a negative
certification under section 609(d) or section 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))'' after ``(1)(A)'';
(7) in subsection (b)(4)(A), by inserting ``or issues a
negative certification under section 609(d) or section 610(c)
of the High Seas Driftnet Fishing Moratorium Protection Act (16
U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
(8) in subsection (b)(4)(A)(i), by striking ``or illegal,
unreported, or unregulated fishing''; and
(9) in subsection (b)(4)(A)(i), by inserting ``, or to
address the offending activities for which a nation received a
negative certification under section 609(d) or 610(c) of the
High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826j(d), 1826k(c))'' after ``beyond the exclusive economic
zone of any nation''.
(b) Duration of Negative Certification Effects.--Section 102 of such
Act (16 U.S.C. 1826b) is amended by--
(1) striking ``or illegal, unreported , or unregulated
fishing''; and
(2) inserting ``or effectively addressed the offending
activities for which the nation received a negative
certification under 609(d) or 610(c) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826j(d),
1826k(c))'' before the period at the end.
SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.
(a) Unlawful Activities.--Section 810 of the North Pacific Anadromous
Stocks Act of 1992 (16 U.S.C. 5009) is amended--
(1) in paragraph (5), by inserting ``, investigation,'' after
``search''; and
(2) in paragraph (6), by inserting ``, investigation,'' after
``search''.
(b) Additional Prohibitions and Enforcement.--Section 811 of the
North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is amended
to read as follows:
``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
``For additional prohibitions relating to this Act and enforcement of
this Act, see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).''.
SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.
Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637)
is amended--
(1) in subsection (a)(2)--
(A) by inserting ``, investigation,'' after
``search''; and
(B) by striking ``this title;'' and inserting ``this
Act;'';
(2) in subsection (a)(3)--
(A) by inserting ``, investigation,'' after
``search''; and
(B) by striking ``subparagraph (2);'' and inserting
``paragraph (2);'';
(3) in subsection (a)(5), by striking ``this title; or'' and
inserting ``this Act; or''; and
(4) by striking subsections (b) through (f) and inserting the
following:
``(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION IMPLEMENTATION ACT.
The Western and Central Pacific Fisheries Convention Implementation
Act (title V of Public Law 109-479) is amended--
(1) by amending section 506(c) (16 U.S.C. 6905(c)) to read as
follows:
``(c) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''; and
(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking
``suspension, on'' and inserting ``suspension, of''.
SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES
CONVENTION ACT.
The Antarctic Marine Living Resources Convention Act of 1984 is
amended--
(1) in section 306 (16 U.S.C. 2435)--
(A) in paragraph (3), by striking ``which he knows,
or reasonably should have known, was'';
(B) in paragraph (4), by inserting ``,
investigation,'' after ``search''; and
(C) in paragraph (5), by inserting ``,
investigation,'' after ``search''; and
(2) in section 307 (16 U.S.C. 2436)--
(A) by inserting ``(a) In General.--'' before the
first sentence; and
(B) by adding at the end the following:
``(b) Regulations To Implement Conservation Measures.--
``(1) In general.--Notwithstanding subsections (b), (c), and
(d) of section 553 of title 5, United States Code, the
Secretary of Commerce may publish in the Federal Register a
final regulation to implement any conservation measure for
which the Secretary of State notifies the Commission under
section 305(a)(1)--
``(A) that has been in effect for 12 months or less;
``(B) that is adopted by the Commission; and
``(C) with respect to which the Secretary of State
does not notify Commission in accordance with section
305(a)(1) within the time period allotted for
objections under Article IX of the Convention.
``(2) Entering into force.--Upon publication of such
regulation in the Federal Register, such conservation measure
shall enter into force with respect to the United States.''.
SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.
The Atlantic Tunas Convention Act of 1975 is amended--
(1) in section 6(c)(2) (16 U.S.C. 971d(c)(2))--
(A) by striking ``(A)'' and inserting ``(i)'';
(B) by striking ``(B)'' and inserting ``(ii)'';
(C) by inserting ``(A)'' after ``(2)''; and
(D) by adding at the end the following:
``(B) Notwithstanding the requirements of subparagraph (A) and
subsections (b) and (c) of section 553 of title 5, United States Code,
the Secretary may issue final regulations to implement Commission
recommendations referred to in paragraph (1) concerning trade
restrictive measures against nations or fishing entities.'';
(2) in section 7 (16 U.S.C. 971e) by striking subsections (e)
and (f) and redesignating subsection (g) as subsection (e);
(3) in section 8 (16 U.S.C. 971f)--
(A) by striking subsections (a) and (c); and
(B) by inserting before subsection (b) the following:
``(a) For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
(4) in section 8(b) by striking ``the enforcement activities
specified in section 8(a) of this Act'' each place it appears
and inserting ``enforcement activities with respect to this Act
that are otherwise authorized by law''; and
(5) by striking section 11 (16 U.S.C. 971j) and redesignating
sections 12 and 13 as sections 11 and 12, respectively.
SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 1965.
Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16
U.S.C. 5503(f)) is amended to read as follows:
``(f) Validity.--A permit issued under this section for a vessel is
void if--
``(1) any other permit or authorization required for the
vessel to fish is expired, revoked, or suspended; or
``(2) the vessel is no longer documented under the laws of
the United States or eligible for such documentation.''.
SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION
ACT.
The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is
amended by amending subsection (e) to read as follows:
``(e) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.
Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C.
773e) is amended--
(1) in subsection (a) by redesignating paragraphs (1) through
(6) as subparagraphs (A) through (F);
(2) by redesignating subsections (a) and (b) as paragraphs
(1) and (2), respectively;
(3) in paragraph (1)(B), as so redesignated, by inserting ``,
investigation,'' before ``or inspection'';
(4) in paragraph (1)(C), as so redesignated, by inserting ``,
investigation,'' before ``or inspection''; and
(5) in paragraph (1)(F), as so redesignated, by striking
``section.'' and inserting ``section; or''.
SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION ACT
OF 1995.
Section 207 of the Northwest Atlantic Fisheries Convention Act of
1995 (16 U.S.C. 5606) is amended--
(1) in the section heading, by striking ``and penalties'' and
inserting ``and enforcement'';
(2) in subsection (a)(2), by inserting ``, investigation,''
before ``or inspection'';
(3) in subsection (a)(3), by inserting ``, investigation,''
before ``or inspection''; and
(4) by striking subsections (b) through (f) and inserting the
following:
``(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act, see
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act
(16 U.S.C. 1826g).''.
SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND
MANAGEMENT ACT.
Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before
the semicolon the following: ``or any treaty or in contravention of any
binding conservation measure adopted by an international agreement or
organization to which the United States is a party''.
TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION
SEC. 201. SHORT TITLE.
This title may be cited as the ``Antigua Convention Implementing Act
of 2015''.
SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.
Except as otherwise expressly provided, whenever in this title an
amendment or repeal is expressed in terms of an amendment to, or repeal
of, a section or other provision, the reference shall be considered to
be made to a section or other provision of the Tuna Conventions Act of
1950 (16 U.S.C. 951 et seq.).
SEC. 203. DEFINITIONS.
Section 2 (16 U.S.C. 951) is amended to read as follows:
``SEC. 2. DEFINITIONS.
``In this Act:
``(1) Antigua convention.--The term `Antigua Convention'
means the Convention for the Strengthening of the Inter-
American Tropical Tuna Commission Established by the 1949
Convention Between the United States of America and the
Republic of Costa Rica, signed at Washington, November 14,
2003.
``(2) Commission.--The term `Commission' means the Inter-
American Tropical Tuna Commission provided for by the
Convention.
``(3) Convention.--The term `Convention' means--
``(A) the Convention for the Establishment of an
Inter-American Tropical Tuna Commission, signed at
Washington, May 31, 1949, by the United States of
America and the Republic of Costa Rica;
``(B) the Antigua Convention, upon its entry into
force for the United States, and any amendments thereto
that are in force for the United States; or
``(C) both such Conventions, as the context requires.
``(4) Person.--The term `person' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
``(5) United states.--The term `United States' includes all
areas under the sovereignty of the United States.
``(6) United states commissioners.--The term `United States
commissioners' means the individuals appointed in accordance
with section 3(a).''.
SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.
Section 3 (16 U.S.C. 952) is amended to read as follows:
``SEC. 3. COMMISSIONERS.
``(a) Commissioners.--The United States shall be represented on the
Commission by 4 United States Commissioners. The President shall
appoint individuals to serve on the Commission. The United States
Commissioners shall be subject to supervision and removal by the
Secretary of State, in consultation with the Secretary. In making the
appointments, the President shall select United States Commissioners
from among individuals who are knowledgeable or experienced concerning
highly migratory fish stocks in the eastern tropical Pacific Ocean, one
of whom shall be an officer or employee of the Department of Commerce.
Not more than 2 United States Commissioners may be appointed who reside
in a State other than a State whose vessels maintain a substantial
fishery in the area of the Convention.
``(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to time and
for periods of time deemed appropriate Alternate United States
Commissioners to the Commission. Any Alternate United States
Commissioner may exercise, at any meeting of the Commission or of the
General Advisory Committee or Scientific Advisory Subcommittee
established pursuant to section 4(b), all powers and duties of a United
States Commissioner in the absence of any United States Commissioner
appointed pursuant to subsection (a) of this section for whatever
reason. The number of such Alternate United States Commissioners that
may be designated for any such meeting shall be limited to the number
of United States Commissioners appointed pursuant to subsection (a) of
this section who will not be present at such meeting.
``(c) Administrative Matters.--
``(1) Employment status.--Individuals serving as United
States Commissioners, other than officers or employees of the
United States Government, shall not be considered Federal
employees except for the purposes of injury compensation or
tort claims liability as provided in chapter 81 of title 5,
United States Code, and chapter 171 of title 28, United States
Code.
``(2) Compensation.--The United States Commissioners or
Alternate Commissioners, although officers of the United States
while so serving, shall receive no compensation for their
services as United States Commissioners or Alternate
Commissioners.
``(3) Travel expenses.--
``(A) The Secretary of State shall pay the necessary
travel expenses of United States Commissioners and
Alternate United States Commissioners to meetings of
the Inter-American Tropical Tuna Commission and other
meetings the Secretary of State deems necessary to
fulfill their duties, in accordance with the Federal
Travel Regulations and sections 5701, 5702, 5704
through 5708, and 5731 of title 5, United States Code.
``(B) The Secretary may reimburse the Secretary of
State for amounts expended by the Secretary of State
under this subsection.''.
SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
Section 4 (16 U.S.C. 953) is amended--
(1) by striking subsection (a) and inserting the following:
``(a) General Advisory Committee.--
``(1) Appointments; public participation; compensation.--
``(A) The Secretary, in consultation with the
Secretary of State, shall appoint a General Advisory
Committee which shall consist of not more than 25
individuals who shall be representative of the various
groups concerned with the fisheries covered by the
Convention, including nongovernmental conservation
organizations, providing to the maximum extent
practicable an equitable balance among such groups.
Members of the General Advisory Committee will be
eligible to participate as members of the United States
delegation to the Commission and its working groups to
the extent the Commission rules and space for
delegations allow.
``(B) The chair of the Pacific Fishery Management
Council's Advisory Subpanel for Highly Migratory
Fisheries and the chair of the Western Pacific Fishery
Management Council's Advisory Committee shall be ex-
officio members of the General Advisory Committee by
virtue of their positions in those Councils.
``(C) Each member of the General Advisory Committee
appointed under subparagraph (A) shall serve for a term
of 3 years and is eligible for reappointment.
``(D) The General Advisory Committee shall be invited
to attend all non-executive meetings of the United
States delegation and at such meetings shall be given
opportunity to examine and to be heard on all proposed
programs of investigation, reports, recommendations,
and regulations of the Commission.
``(E) The General Advisory Committee shall determine
its organization, and prescribe its practices and
procedures for carrying out its functions under this
title, the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), and the
Convention. The General Advisory Committee shall
publish and make available to the public a statement of
its organization, practices and procedures. Meetings of
the General Advisory Committee, except when in
executive session, shall be open to the public, and
prior notice of meetings shall be made public in timely
fashion. The General Advisory Committee shall not be
subject to the Federal Advisory Committee Act (5 U.S.C.
App.).
``(2) Information sharing.--The Secretary and the Secretary
of State shall furnish the General Advisory Committee with
relevant information concerning fisheries and international
fishery agreements.
``(3) Administrative matters.--
``(A) The Secretary shall provide to the General
Advisory Committee in a timely manner such
administrative and technical support services as are
necessary for its effective functioning.
``(B) Individuals appointed to serve as a member of
the General Advisory Committee--
``(i) shall serve without pay, but while away
from their homes or regular places of business
to attend meetings of the General Advisory
Committee shall be allowed travel expenses,
including per diem in lieu of subsistence, in
the same manner as persons employed
intermittently in the Government service are
allowed expenses under section 5703 of title 5,
United States Code; and
``(ii) shall not be considered Federal
employees except for the purposes of injury
compensation or tort claims liability as
provided in chapter 81 of title 5, United
States Code, and chapter 171 of title 28,
United States Code.'';
(2) by striking so much of subsection (b) as precedes
paragraph (2)(A) and inserting the following:
``(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.
``(2) Functions.--''; and
(3) in subsection (b)(3), by striking ``General Advisory
Subcommittee'' and inserting ``General Advisory Committee''.
SEC. 206. RULEMAKING.
Section 6 (16 U.S.C. 955) is amended to read as follows:
``SEC. 6. RULEMAKING.
``(a) Regulations.--The Secretary, in consultation with the Secretary
of State and, with respect to enforcement measures, the Secretary of
the Department in which the Coast Guard is operating, may promulgate
such regulations as may be necessary to carry out the United States
international obligations under the Convention and this Act, including
recommendations and decisions adopted by the Commission. In cases where
the Secretary has discretion in the implementation of one or more
measures adopted by the Commission that would govern fisheries under
the authority of a Regional Fishery Management Council, the Secretary
may, to the extent practicable within the implementation schedule of
the Convention and any recommendations and decisions adopted by the
Commission, promulgate such regulations as may be necessary to carry
out the United States international obligations under the Convention
and this Act, in accordance with the procedures established by the
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C.
1801 et seq.).
``(b) Jurisdiction.--The Secretary may promulgate regulations as may
be necessary to carry out the United States international obligations
under the Convention and this Act, applicable to all vessels and
persons subject to the jurisdiction of the United States, including
United States flag vessels wherever they may be operating, on such date
as the Secretary shall prescribe.''.
SEC. 207. PROHIBITED ACTS.
Section 8 (16 U.S.C. 957) is amended--
(1) by striking ``section 6(c) of this Act'' each place it
appears and inserting ``section 6''; and
(2) by adding at the end the following:
``(i) Additional Prohibitions and Enforcement.--For prohibitions
relating to this Act and enforcement of this Act, see section 606 of
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C.
1826g).''.
SEC. 208. ENFORCEMENT.
Section 10 (16 U.S.C. 959) is amended to read as follows:
``SEC. 10. ENFORCEMENT.
``For enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
SEC. 209. REDUCTION OF BYCATCH.
Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and
inserting ``vessels''.
SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.
The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et
seq.) is repealed.
TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND
ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING
SEC. 301. SHORT TITLE.
This title may be cited as the ``Port State Measures Agreement Act of
2015''.
SEC. 302. PURPOSE.
The purpose of this title is to implement the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
SEC. 303. DEFINITIONS.
As used in this title:
(1) The term ``Agreement'' means the Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing, done at the Food and Agriculture
Organization of the United Nations, in Rome, Italy, November
22, 2009, and signed by the United States November 22, 2009.
(2) The term ``IUU fishing'' means any activity set out in
paragraph 3 of the 2001 FAO International Plan of Action to
Prevent, Deter and Eliminate Illegal, Unreported and
Unregulated Fishing.
(3) The term ``listed IUU vessel'' means a vessel that is
included in a list of vessels having engaged in IUU fishing or
fishing-related activities in support of IUU fishing that has
been adopted by a regional fisheries management organization of
which the United States is a member, or a list adopted by a
regional fisheries management organization of which the United
States is not a member if the Secretary determines the criteria
used by that organization to create the IUU list is comparable
to criteria adopted by RFMOs of which the United States is a
member for identifying IUU vessels and activities.
(4) The term ``Magnuson-Stevens Act'' means the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.).
(5) The term ``person'' has the same meaning as that term has
in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
(6) The terms ``RFMO'' and ``regional fisheries management
organization'' mean a regional fisheries management
organization (as that term is defined by the United Nation's
Food and Agriculture Organization Agreement on Port State
Measures to Prevent, Deter and Eliminate Illegal, Unreported
and Unregulated Fishing) that is recognized by the United
States.
(7) The term ``Secretary'' means the Secretary of Commerce or
his or her designee.
(8) The term ``vessel'' means any vessel, ship of another
type, or boat used for, equipped to be used for, or intended to
be used for, fishing or fishing-related activities, including
container vessels that are carrying fish that have not been
previously landed.
(9) The term ``fish'' means finfish, mollusks, crustaceans,
and all other forms of marine animal and plant life other than
marine mammals and birds.
(10) The term ``fishing''--
(A) except as provided in subparagraph (B), means--
(i) the catching, taking, or harvesting of
fish;
(ii) the attempted catching, taking, or
harvesting of fish;
(iii) any other activity which can reasonably
be expected to result in the catching, taking,
or harvesting of fish; or
(iv) any operations at sea in support of, or
in preparation for, any activity described in
clauses (i) through (iii); and
(B) does not include any scientific research activity
that is conducted by a scientific research vessel.
SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY.
(a) Regulations.--The Secretary may, as needed, promulgate such
regulations, in accordance with section 553 of title 5, United States
Code, and consistent with the provisions of this title, as may be
necessary to carry out the purposes of this title to the extent that
such regulations are not already promulgated.
(b) Ports of Entry.--The Secretary, in consultation with the
Secretary of Homeland Security and, when the Coast Guard is not
operating in the Department of Homeland Security, the Secretary of the
department in which the Coast Guard is operating, may designate and
publicize the ports to which vessels may seek entry. No port may be
designated under this section that has not also been designated as a
port of entry for customs reporting purposes pursuant to section 1433
of title 19, United States Code, or that is not specified under an
existing international fisheries agreement.
(c) Notification.--The Secretary shall provide notification of the
denial of port entry or the use of port services for a vessel under
section 305, the withdrawal of the denial of port services for a
foreign vessel, the taking of enforcement action pursuant to section
306 with respect to a foreign vessel, or the results of any inspection
of a foreign vessel conducted pursuant to this title to the flag nation
of the vessel and, as appropriate, to the nation of which the vessel's
master is a national, relevant coastal nations, RFMOs, the Food and
Agriculture Organization of the United Nations, and other relevant
international organizations.
(d) Confirmation That Fish Were Taken in Accordance With Conservation
and Management Measures.--The Secretary may request confirmation from
the flag state of a foreign vessel that the fish on board a foreign
vessel in a port subject to the jurisdiction of the United States were
taken in accordance with applicable RFMO conservation and management
measures.
SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY.
(a) Submission of Information Required Under Agreement.--All foreign
vessels seeking entry to a port subject to the jurisdiction of the
United States must submit to the Secretary of the department in which
the Coast Guard is operating information as required under the
Agreement in advance of its arrival in port.
(b) Decision To Authorize or Deny Port Entry.--The Secretary shall
decide, based on the information submitted under subsection (a),
whether to authorize or deny port entry and shall communicate this
decision to the foreign vessel or to its representative. The Secretary
may deny entry to--
(1) any foreign-listed IUU vessel; or
(2) any foreign vessel the Secretary has reasonable grounds
to believe has engaged in IUU fishing or fishing-related
activities in support of such fishing or has violated the Act.
(c) Denial of Use of Port.--If a foreign vessel is in a port subject
to the jurisdiction of the United States, the Secretary shall deny such
vessel the use of the port for landing, transshipment, packaging and
processing of fish, refueling, resupplying, maintenance and drydocking,
if--
(1) the vessel entered without authorization under subsection
(b);
(2) the vessel is a listed IUU vessel;
(3) the flag nation of the vessel has failed to provide
confirmation requested by the Secretary that the fish on board
were taken in accordance with applicable RFMO conservation and
management measures; or
(4) the Secretary has reasonable grounds to believe--
(A) the vessel lacks valid authorizations to engage
in fishing or fishing-related activities as required by
its flag nation or the relevant coastal nation;
(B) the fish on board were taken in violation of
foreign law or in contravention of any RFMO
conservation and management measure; or
(C) the vessel has engaged in IUU fishing or fishing-
related activities in support of such fishing,
including in support of a listed IUU vessel, unless it
can establish that--
(i) it was acting in a manner consistent with
applicable RFMO conservation and management
measures; or
(ii) in the case of the provision of
personnel, fuel, gear, and other supplies at
sea, the vessel provisioned was not, at the
time of provisioning, a listed IUU vessel.
(d) Exceptions.--Notwithstanding subsections (b) and (c), the
Secretary may allow port entry or the use of port services--
(1) if they are essential to the safety or health of the crew
or safety of the vessel;
(2) to allow, where appropriate, for the scrapping of the
vessel; or
(3) pursuant to an inspection or other enforcement action.
SEC. 306. INSPECTIONS.
The Secretary, and the Secretary of the department in which the Coast
Guard is operating, shall conduct foreign vessel inspections in ports
subject to the jurisdiction of the United States as necessary to
achieve the purposes of the Agreement and this title. If, following an
inspection, the Secretary has reasonable grounds to believe that a
foreign vessel has engaged in IUU fishing or fishing-related activities
in support of such fishing, the Secretary may take enforcement action
under this title or other applicable law, and shall deny the vessel the
use of port services, in accordance with section 305.
SEC. 307. PROHIBITED ACTS.
It is unlawful for any person subject to the jurisdiction of the
United States--
(1) to violate any provision of this title or the regulations
issued under this title;
(2) to refuse to permit any authorized officer to board,
search, or inspect a vessel that is subject to the person's
control in connection with the enforcement of this title or the
regulations issued under this title;
(3) to submit false information pursuant to any requirement
under this title or the regulations issued under this title; or
(4) to commit any offense enumerated in paragraph (4), (5),
(7), or (9) of section 707(a) of the Western and Central
Pacific Fisheries Convention Implementation Act (16 U.S.C.
6906(a)).
SEC. 308. ENFORCEMENT.
(a) Existing Authorities and Responsibilities.--
(1) Authorities and responsibilities.--The authorities and
responsibilities under subsections (a), (b), and (c) of section
311 and subsection (f) of section 308 of the Magnuson-Stevens
Act (16 U.S.C. 1861, 1858) and paragraphs (2), (3), and (7) of
section 310(b) of the Antarctic Marine Living Resources
Convention Act of 1984 (16 U.S.C. 2439(b)) shall apply with
respect to enforcement of this title.
(2) Included vessels.--For purposes of enforcing this title,
any reference in such paragraphs and subsections to a
``vessel'' or ``fishing vessel'' includes all vessels as
defined in section 303(8) of this title.
(3) Application of other provisions.--Such paragraphs and
subsections apply to violations of this title and any
regulations promulgated under this title.
(b) Civil Enforcement.--
(1) Civil administrative penalties.--
(A) In general.--Any person who is found by the
Secretary (after notice and opportunity for a hearing
in accordance with section 554 of title 5, United
States Code) to have committed an act prohibited under
section 307 shall be liable to the United States for a
civil penalty. The amount of the civil penalty shall be
consistent with the amount under section 308(a) of the
Magnuson-Stevens Act (16 U.S.C. 1858(a)).
(B) Compromise or other action by secretary.--The
Secretary shall have the same authority as provided in
section 308(e) of the Magnuson-Stevens Act (16 U.S.C.
1858(e)) with respect to a violation of this Act.
(2) In rem jurisdiction.--For purposes of this title, the
conditions for in rem liability shall be consistent with
section 308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)).
(3) Action upon failure to pay assessment.--If any person
fails to pay an assessment of a civil penalty under this title
after it has become a final and unappealable order, or after
the appropriate court has entered final judgment in favor of
the Secretary, the Secretary shall refer the matter to the
Attorney General, who shall recover the amount assessed in any
appropriate district court of the United States. In such
action, the validity and appropriateness of the final order
imposing the civil penalty shall not be subject to review.
(c) Forfeiture.--
(1) In general.--Any foreign vessel (including its fishing
gear, furniture, appurtenances, stores, and cargo) used, and
any fish (or the fair market value thereof) imported or
possessed in connection with or as result of the commission of
any act prohibited by section 307 of this title shall be
subject to forfeiture under section 310 of the Magnuson-Stevens
Act (16 U.S.C. 1860).
(2) Application of the customs laws.--All provisions of law
relating to seizure, summary judgment, and judicial forfeiture
and condemnation for violation of the customs laws, the
disposition of the property forfeited or condemned or the
proceeds from the sale thereof, the remission or mitigation of
such forfeitures, and the compromise of claims shall apply to
seizures and forfeitures incurred, or alleged to have been
incurred, under the provisions of this title, insofar as
applicable and not inconsistent with the provisions hereof. For
seizures and forfeitures of property under this section by the
Secretary, such duties as are imposed upon the customs officer
or any other person with respect to the seizure and forfeiture
of property under the customs law may be performed by such
officers as are designated by the Secretary or, upon request of
the Secretary, by any other agency that has authority to manage
and dispose of seized property.
(3) Presumption.--For the purposes of this section there is a
rebuttable presumption that all fish, or components thereof,
found on board a vessel that is used or seized in connection
with a violation of this title (including any regulation
promulgated under this Act) were taken, obtained, or retained
as a result of IUU fishing or fishing-related activities in
support of IUU fishing.
(d) Criminal Enforcement.--Any person (other than a foreign
government agency, or entity wholly owned by a foreign government) who
knowingly commits an act prohibited by section 307 of this title shall
be subject to subsections (b) and (c) of section 309 of the Magnuson-
Stevens Act (16 U.S.C. 1859).
(e) Payment of Storage, Care, and Other Costs.--Any person assessed a
civil penalty for, or convicted of, any violation of this title
(including any regulation promulgated under this title) and any
claimant in a forfeiture action brought for such a violation, shall be
liable for the reasonable costs incurred by the Secretary in storage,
care, and maintenance of any property seized in connection with the
violation.
SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE.
(a) Assistance to Developing Nations and International
Organizations.--Consistent with existing authority and the availability
of funds, the Secretary shall provide appropriate assistance to
developing nations and international organizations of which such
nations are members to assist those nations in meeting their
obligations under the Agreement.
(b) Personnel, Services, Equipment, and Facilities.--In carrying out
subsection (a), the Secretary may, by agreement, on a reimbursable or
nonreimbursable basis, utilize the personnel, services, equipment, and
facilities of any Federal, State, local, or foreign government or any
entity of any such government.
SEC. 310. RELATIONSHIP TO OTHER LAWS.
(a) In General.--Nothing in this title shall be construed to displace
any requirements imposed by the customs laws of the United States or
any other laws or regulations enforced or administered by the Secretary
of Homeland Security. Where more stringent requirements regarding port
entry or access to port services exist under other Federal law, those
more stringent requirements shall apply. Nothing in this title shall
affect a vessel's entry into port, in accordance with international
law, for reasons of force majeure or distress.
(b) United States Obligations Under International Law.--This title
shall be interpreted and applied in accordance with United States
obligations under international law.
Purpose of the Bill
The purpose of H.R. 774 is to strengthen enforcement
mechanisms to stop illegal, unreported, and unregulated
fishing, and to amend the Tuna Conventions Act of 1950 to
implement the Antigua Convention.
Background and Need for Legislation
Illegal, unreported and unregulated (IUU) fishing,
sometimes referred to as ``pirate fishing,'' is a wide-range of
fishing activities that fail to comply with national, regional,
or global fisheries conservation and management requirements.
These activities threaten sustainable fisheries worldwide, and
the sale of illegally-caught fish undermines the legal fish
markets. H.R. 774's general goal is to strengthen enforcement
measures aimed at decreasing IUU fishing.
On January 12, 2011, the National Oceanic and Atmospheric
Administration (NOAA) published a final rule\1\ that defined
IUU fishing as: ``(1) fishing activities that violate
conservation and management measures required under an
international fishery management agreement to which the United
States is a party, including catch limits or quotas, capacity
restrictions, and bycatch reduction requirements; (2)
overfishing of fish stocks shared by the United States; and (3)
fishing activity that has an adverse impact on the 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.''
---------------------------------------------------------------------------
\1\http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
title16-section1826j&num=0&edition=prelim.
---------------------------------------------------------------------------
By nature of being illegal and unreported, the economic
cost of IUU fishing is difficult to quantify since these are
clandestine activities. Some estimates suggest that IUU fishing
activities results in economic losses between $10-$23.5 billion
dollars worldwide annually.\2\ These practices place legitimate
fisherman at a disadvantage in the domestic and global markets
by evading overhead costs and flooding the seafood market with
illegally harvested fish products.
---------------------------------------------------------------------------
\2\David J. Agnew et al., Estimating Worldwide Extent of Illegal
Fishing, PLoS ONE, Feb. 2009 at 4.
---------------------------------------------------------------------------
Although the United States has laws in effect to help
combat illegal fishing, international cooperation is necessary
to ensure that global enforcement and penalties are in place to
close the world's ports to illegally harvested fish and to help
certify that these products do not make it onto the global
seafood market. The U.S. is a party to a number of regional
fisheries management organizations (RFMO) that are usually
established by a treaty or other formal international
agreement. These provide a mechanism through which nations work
together towards the conservation, management, and development
of fisheries. A number of these RFMO's have begun creating
lists of vessels which are fishing illegally within the
appropriate region. Without international enforcement, illegal
fishermen are operating in an environment where the monetary
reward of IUU fishing far outweighs the risk of being caught.
H.R. 774's goal is to further international cooperation.
H.R. 774, as reported, amends and standardizes the
implementing statues for eight existing international fishery
agreements to impose the sanctions of the High Seas Driftnet
Fishing Moratorium Protection Act, while also applying civil
penalties, criminal offenses, and civil forfeitures against
persons who violate new enforcement provisions.\3\ Those
agreements include: the Pacific Salmon Treaty Act of 1985; the
Dolphin Protection Consumer Information Act; the Tuna
Conventions Act of 1950; the North Pacific Anadromous Stocks
Act of 1992; 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 Antigua Convention Implementing Act of 2015.
---------------------------------------------------------------------------
\3\http://www.gpo.gov/fdsys/pkg/BILLS-114hr774ih/pdf/BILLS-
114hr774ih.pdf, Section 101.
---------------------------------------------------------------------------
Under Title I of the bill, the Secretary of Commerce is
authorized to participate in and provide assistance to
international efforts that address IUU fishing activities,
bycatch concerns, fisheries monitoring, and other actions aimed
at helping nations achieve sustainable fisheries.\4\ According
to the Congressional Budget Office, Title I authorizes the
appropriation of $450,000 a year for NOAA to expand the scope
of information considered for identifying IUU vessels and
requires the agency to keep a list of countries with vessels
engaged in IUU fishing in the preceding three years.\5\ The
bill grants additional enforcement authority related to
illegally harvested or imported fish products, while also
allowing the Secretary to share that information with specified
others who implement international fishing agreements. The bill
requires the Secretary to notify the President and any nation
whose vessel has been identified engaging in IUU fishing
activities or practices within the past three years and
authorizes the Secretary to take actions against nations who
have failed to address or regulate the illegal activity.
---------------------------------------------------------------------------
\4\Id.
\5\Congressional Budget Office Report on H.R. 774, June 12, 2015,
p. 1.
---------------------------------------------------------------------------
Title II of the bill implements the Convention for the
Strengthening of the Inter-American Tropical Tuna Commission
established by the 1949 Convention between the United States
and the Republic of Costa Rica. Also known as the ``Antigua
Convention,'' this international agreement is responsible for
the management of tunas and other migratory species in the
eastern Pacific Ocean. This provision amends the Tunas
Conventions Act of 1950 to establish new procedures for
appointing the Commissioners and Alternate Commissioners, and
has provisions for compensation and expenses for these
Commissioners. The Secretary of Commerce is authorized to
promulgate regulations with respect to enforcement matters
related to the Convention. Title II also amends the High Seas
Driftnet Fishing Moratorium Protection Act to provide for
prohibited acts and enforcement of the agreement, and repeals
the Eastern Pacific Tuna Licensing Act of 1984.
Title III implements the Port State Measures Agreement,
which is an international treaty adopted by the United Nations
in 2009 to prevent illegally caught fish from entering the
world ports and global seafood market. The United States
ratified this treaty in April 2014, but it will not take effect
until it is ratified by 25 countries (the U.S. is the 11th
party to ratify the Agreement).\6\ The Ports State Measures
Agreement specifically establishes standards for dockside
inspections and requires parties to restrict port entry and
port services to foreign vessels known or suspected of having
been involved in IUU fishing particularly those on a RFMO IUU
fishing vessel list. The Agreement recognizes that all seafood
must pass through a port to get to market and that nations can
identify both vessels and nations suspected of conducting or
condoning IUU fishing. It allows nations to use these
inspections to prevent IUU fish from reaching market.
---------------------------------------------------------------------------
\6\https://www.congress.gov/treaty-document/112th-congress/4/
resolution-text.
---------------------------------------------------------------------------
Committee Action
H.R. 774 was introduced on February 5, 2015, by Delegate
Madeleine Z. Bordallo (D-GU). The bill was referred to the
Committee on Natural Resources, and within the Committee to the
Subcommittee on Water, Power and Oceans. Additionally, it was
referred to the Committee on Transportation and Infrastructure.
On April 29, 2015, the Natural Resources Committee met to
consider the bill. The Subcommittee on Water, Power and Oceans
was discharged by unanimous consent. Delegate Bordallo offered
an amendment (001); it was adopted by unanimous consent. No
additional amendments were offered, and the bill as amended was
ordered favorably reported to the House of Representatives by
unanimous consent on April 30, 2015.
Committee Oversight Findings and Recommendations
Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of
rule XIII of the Rules of the House of Representatives, the
Committee on Natural Resources' oversight findings and
recommendations are reflected in the body of this report.
Compliance With House Rule XIII
1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the
Rules of the House of Representatives requires an estimate and
a comparison by the Committee of the costs which would be
incurred in carrying out this bill. However, clause 3(d)(2)(B)
of that rule provides that this requirement does not apply when
the Committee has included in its report a timely submitted
cost estimate of the bill prepared by the Director of the
Congressional Budget Office under section 402 of the
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule
XIII of the Rules of the House of Representatives and section
403 of the Congressional Budget Act of 1974, the Committee has
received the following cost estimate for this bill from the
Director of the Congressional Budget Office:
H.R. 774--Illegal, Unreported, and Unregulated Fishing Enforcement Act
of 2015
H.R. 774 would provide the National Oceanic and Atmospheric
Administration (NOAA) with additional tools to enforce
fisheries laws and combat illegal, unreported, and unregulated
(IUU) fishing. The bill would establish uniform enforcement
policies and procedures under the many federal statutes that
govern the regulation of commercial fishing. The bill also
would allow NOAA to implement two international fishing
agreements previously entered into by the United States.
Assuming appropriation of the authorized amounts, CBO
estimates that implementing H.R. 774 would cost $2 million over
the 2016-2020 period. Because enacting the bill could increase
revenues (from civil and criminal penalties) and associated
direct spending, pay-as-you-go procedures apply. However, CBO
estimates that such increases in penalties and spending would
be less than $500,000 annually and would offset each other in
most years.
CBO has reviewed title I of H.R. 774 and determined that it
contains no intergovernmental or private-sector mandates as
defined in the Unfunded Mandates Reform Act (UMRA). 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 Titles II and III fall within that exclusion
because they would implement international fishing treaties.
Enforcement of fisheries laws
Title I would authorize the appropriation of $450,000 a
year for NOAA to expand the scope of information considered for
identifying IUU vessels and require the agency to keep a list
of countries with vessels engaged in IUU fishing in the
preceding three years. Assuming appropriation of the authorized
amounts, CBO estimates that carrying out those activities would
cost about $2 million over the 2016-2020 period.
Title I also would provide NOAA with greater authority to
combat IUU fishing. While the bill would not explicitly mandate
an increase in NOAA's enforcement efforts, the enhanced
enforcement authorities could result in additional costs if
those authorities increased the number of violations
adjudicated by the agency. In 2015, NOAA received
appropriations totaling $66 million to enforce more than 35
federal statutes. Based on information provided by the agency,
CBO expects that any increase in enforcement costs under H.R.
774 associated with IUU fishing would not be significant in any
year.
In addition, title I would make various amendments to
portions of the High Seas Driftnet Fishing Moratorium
Protection Act and the Magnuson-Stevens Fishery Conservation
and Management Act. Based on information provided by NOAA, CBO
expects that implementing those amendments would not affect the
agency's workload because the agency is conducting most of the
newly required activities under current law. The authorization
of appropriations to carry out the affected portions of those
acts expired in 2013; however, the Congress has continued to
appropriate funds to conduct activities under those laws. In
2015, the agency received appropriations totaling $3 million to
implement those provisions.
Finally, title I could increase civil and criminal
penalties for violations of fisheries laws. Based on
information provided by NOAA, CBO estimates that any increase
in revenues from penalties would be less than $500,000 a year
and would be offset by similar increases in direct spending
from the Crime Victims Fund (for criminal penalties) or by NOAA
(for civil penalties) as authorized by existing law.
Implementation of the Antigua Convention
Title II 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 II would have
no significant effect on the federal budget.
Implementation of the Agreement on Port State Measures
Title III would require NOAA to identify ports that can be
used by foreign vessels, coordinate inspections of those
vessels with the U.S. Coast Guard (USCG), deny port entry to
vessels that have engaged in IUU fishing, and share information
with foreign governments and other entities regarding the
results of inspections and any actions taken if IUU fishing is
discovered. Title III also would establish civil and criminal
penalties for entities that violate provisions in the bill.
Based on information provided by NOAA and the USCG, CBO
estimates that implementing title III would have no significant
effect on the federal budget. The affected agencies already
carry out the activities required under the bill. Enacting the
legislation could increase revenues (from civil and criminal
penalties) and associated direct spending; however, CBO
estimates that such increases would be small and would offset
each other in most years.
The CBO staff contact for this estimate is Jeff LaFave. The
estimate was approved by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
2. Section 308(a) of Congressional Budget Act. As required
by clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives and section 308(a) of the Congressional Budget
Act of 1974, this bill does not contain any new budget
authority, spending authority, credit authority, or an increase
or decrease in revenues or tax expenditures. According to the
Congressional Budget Office, implementation of the bill would
cost $2 million over the 2016-20 time period, subject to
appropriation. The bill could increase revenues from additional
penalties, but ``increases in penalties and spending would be
less than $500,000 annually and would offset each other in most
years.''
3. General Performance Goals and Objectives. As required by
clause 3(c)(4) of rule XIII, the general performance goal or
objective of this bill is to extend the authority of the
Secretary of the Interior and the Secretary of Agriculture to
carry out the Illegal, Unreported, and Unregulated Fishing
Enforcement Act of 2015, and for other purposes.
Earmark Statement
This bill does not contain any Congressional earmarks,
limited tax benefits, or limited tariff benefits as defined
under clause 9(e), 9(f), and 9(g) of rule XXI of the Rules of
the House of Representatives.
Compliance With Public Law 104-4
This bill contains no unfunded mandates.
Compliance With H. Res. 5
Directed Rule Making. The Chairman does not believe that
this bill directs any executive branch official to conduct any
specific rule-making proceedings.
Duplication of Existing Programs. This bill does not
establish or reauthorize a program of the federal government
known to be duplicative of another program. Such program was
not included in any report from the Government Accountability
Office to Congress pursuant to section 21 of Public Law 111-139
or identified in the most recent Catalog of Federal Domestic
Assistance published pursuant to the Federal Program
Information Act (Public Law 95-220, as amended by Public Law
98-169) as relating to other programs.
Preemption of State, Local or Tribal Law
This bill is not intended to preempt any State, local or
tribal law.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT
* * * * * * *
TITLE VI--DRIFTNET MORATORIUM
* * * * * * *
SEC. 606. ENFORCEMENT.
(a) In General.--The Secretary and the Secretary of the
department in which the Coast Guard is operating shall enforce
this Act, and the Acts to which this section applies, in
accordance with this section. Each such Secretary may, by
agreement, on a reimbursable basis or otherwise, utilize the
personnel services, equipment (including aircraft and vessels),
and facilities of any other Federal agency, and of any State
agency, in the performance of such duties.
(b) Acts to Which Section Applies.--This section applies to--
(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C.
3631 et seq.);
(2) the Dolphin Protection Consumer Information Act
(16 U.S.C. 1385);
(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951
et seq.);
(4) the North Pacific Anadromous Stocks Act of 1992
(16 U.S.C. 5001 et seq.);
(5) the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 971 et seq.);
(6) the Northwest Atlantic Fisheries Convention Act
of 1995 (16 U.S.C. 5601 et seq.);
(7) the Western and Central Pacific Fisheries
Convention Implementation Act (16 U.S.C. 6901 et seq.);
and
(8) the Antigua Convention Implementing Act of 2015.
(c) Administration and Enforcement.--
(1) In general.--The Secretary shall prevent any
person from violating this Act, or any Act to which
this section applies, in the same manner, by the same
means, and with the same jurisdiction, powers, and
duties as though sections 308 through 311 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1858 through 1861) were incorporated
into and made a part of and applicable to this Act and
each such Act.
(2) International cooperation.--The Secretary may,
subject to appropriations and in the course of carrying
out the Secretary's responsibilities under the Acts to
which this section applies, engage in international
cooperation to help other nations combat illegal,
unreported, and unregulated fishing and achieve
sustainable fisheries.
(d) Special Rules.--
(1) Additional enforcement authority.--In addition to
the powers of officers authorized pursuant to
subsection (c), any officer who is authorized by the
Secretary, or the head of any Federal or State agency
that has entered into an agreement with the Secretary
under subsection (a), may enforce the provisions of any
Act to which this section applies, with the same
jurisdiction, powers, and duties as though section 311
of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1861) were incorporated into
and made a part of each such Act.
(2) Disclosure of enforcement information.--
(A) In general.--The Secretary, subject to
the data confidentiality provisions in section
402 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C.
1881a), may disclose, as necessary and
appropriate, information, including information
collected under joint authority of the
Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.) and the
Atlantic Tunas Convention Act of 1975 (16
U.S.C. 71 et seq.) or the Western and Central
Pacific Fisheries Convention Implementation Act
(16 U.S.C. 6901 et seq.) or other statutes
implementing international fishery agreements,
to any other Federal or State government
agency, the Food and Agriculture Organization
of the United Nations, the secretariat or
equivalent of an international fishery
management organization or arrangement made
pursuant to an international fishery agreement,
or a foreign government, if--
(i) such government, organization, or
arrangement has policies and procedures
to protect such information from
unintended or unauthorized disclosure;
and
(ii) such disclosure is necessary--
(I) to ensure compliance with
any law or regulation enforced
or administered by the
Secretary;
(II) to administer or enforce
any international fishery
agreement to which the United
States is a party;
(III) to administer or
enforce a binding conservation
measure adopted by any
international organization or
arrangement to which the United
States is a party;
(IV) to assist in any
investigative, judicial, or
administrative enforcement
proceeding in the United
States; or
(V) to assist in any law
enforcement action undertaken
by a law enforcement agency of
a foreign government, or in
relation to a legal proceeding
undertaken by a foreign
government to the extent the
enforcement action is
consistent with rules and
regulations of a regional
fisheries management
organization (as that term is
defined by the United Nation's
Food and Agriculture
Organization Agreement on Port
State Measures to Prevent,
Deter and Eliminate Illegal,
Unreported and Unregulated
Fishing) of which the United
States is a member, or the
Secretary has determined that
the enforcement action is
consistent with the
requirements under Federal law
for enforcement actions with
respect to illegal, unreported,
and unregulated fishing.
(B) Data confidentiality provisions not
applicable.--The data confidentiality
provisions of section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1881a) shall not apply with respect
to this Act with respect to--
(i) any obligation of the United
States to share information under a
regional fisheries management
organization (as that term is defined
by the United Nation's Food and
Agriculture Organization Agreement on
Port State Measures to Prevent, Deter
and Eliminate Illegal, Unreported and
Unregulated Fishing) of which the
United States is a member; or
(ii) any information collected by the
Secretary regarding foreign vessels.
(e) Prohibited Acts.--It is unlawful for any person--
(1) to violate any provision of this Act or any
regulation or permit issued pursuant to this Act;
(2) to refuse to permit any officer authorized to
enforce the provisions of this Act to board, search, or
inspect a vessel, subject to such person's control for
the purposes of conducting any search, investigation,
or inspection in connection with the enforcement of
this Act, any regulation promulgated under this Act, or
any Act to which this section applies;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search, investigation, or
inspection described in paragraph (2);
(4) to resist a lawful arrest for any act prohibited
by this section or any Act to which this section
applies;
(5) to interfere with, delay, or prevent, by any
means, the apprehension, arrest, or detection of an
other person, knowing that such person has committed
any act prohibited by this section or any Act to which
this section applies; or
(6) to forcibly assault, resist, oppose, impede,
intimidate, sexually harass, bribe, or interfere with--
(A) any observer on a vessel under this Act
or any Act to which this section applies; or
(B) any data collector employed by the
National Marine Fisheries Service or under
contract to any person to carry out
responsibilities under this Act or any Act to
which this section applies.
(f) Civil Penalty.--Any person who commits any act that is
unlawful under subsection (e) shall be liable to the United
States for a civil penalty, and may be subject to a permit
sanction, under section 308 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1858).
(g) Criminal Penalty.--Any person who commits an act that is
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or
(e)(6) is deemed to be guilty of an offense punishable under
section 309(b) of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1859(b)).
(h) Utilization of Federal Agency Assets.-- The President
shall utilize appropriate assets of the Department of Defense,
the United States Coast Guard, and other Federal agencies to
detect, monitor, and prevent violations of the United Nations
moratorium on large-scale driftnet fishing on the high seas for
all fisheries under the jurisdiction of the United States and,
in the case of fisheries not under the jurisdiction of the
United States, to the fullest extent permitted under
international law.
SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.
The Secretary, in consultation with the Secretary of State,
shall provide to Congress, by not later than 2 years after the
date of enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, and every 2 years
thereafter, a report that includes--
(1) 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.
(a) In General._The Secretary, in consultation with the
Secretary of State, and in cooperation with relevant fishery
management councils and any relevant advisory committees, shall
take actions to improve the effectiveness of international
fishery management organizations, or arrangements made pursuant
to an international fishery agreement, in conserving and
managing fish stocks under their jurisdiction. These actions
shall include--
(1) 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 area sunder
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.
(b) Disclosure of Information.--
(1) In general.--The Secretary, subject to the data
confidentiality provisions in section 402 of the
Magnuson-Stevens Fishery Conservation and Management
Act (16 U.S.C. 1881a) except as provided in paragraph
(2), may disclose, as necessary and appropriate,
information, including information collected under
joint authority of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801 et
seq.) and the Atlantic Tunas Convention Act of 1975 (16
U.S.C. 71 et seq.), the Western and Central Pacific
Fisheries Convention Implementation Act (16 U.S.C. 6901
et seq.), any other statute implementing an
international fishery agreement, to any other Federal
or State government agency, the Food and Agriculture
Organization of the United Nations, or the secretariat
or equivalent of an international fishery management
organization or arrangement made pursuant to an
international fishery agreement, if such government,
organization, or arrangement, respectively, has
policies and procedures to protect such information
from unintended or unauthorized disclosure.
(2) Exceptions.--The data confidentiality provisions
in section 402 of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1881a) shall
not apply with respect to this Act--
(A) for obligations of the United States to
share information under a regional fisheries
management organization (as that term is
defined by the United Nation's Food and
Agriculture Organization Agreement on Port
State Measures to Prevent, Deter and Eliminate
Illegal, Unreported and Unregulated Fishing) of
which the United States is a member; or
(B) to any information collected by the
Secretary regarding foreign vessels.
(c) IUU Vessel Lists.--The Secretary may--
(1) develop, maintain, and make public a list of
vessels and vessel owners engaged in illegal,
unreported, or unregulated fishing or fishing-related
activities in support of illegal, unreported, or
unregulated fishing, including vessels or vessel owners
identified by an international fishery management
organization or arrangement made pursuant to an
international fishery agreement, that--
(A) the United States is party to; or
(B) the United States is not party to, but
whose procedures and criteria in developing and
maintaining a list of such vessels and vessel
owners are substantially similar to such
procedures and criteria adopted pursuant to an
international fishery agreement to which the
United States is a party; and
(2) take appropriate action against listed vessels
and vessel owners, including action against fish, fish
parts, or fish products from such vessels, in
accordance with applicable United States law and
consistent with applicable international law, including
principles, rights, and obligations established in
applicable international fishery management agreements
and trade agreements.
(d) Regulations.--The Secretary may promulgate regulations to
implement this section.
SEC. 609. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.
(a) Identification.--
(1) Identification for actions of fishing vessels._
The Secretary shall, based on a cumulative compilation
and analysis of data collected and provided by
international fishery management organizations and
other nations and organizations, identify, and list in
the report under section 607, a nation if fishing
vessels of that nation are engaged, or have been
engaged at any point during the preceding [2 years] 3
years, in illegal, unreported, or unregulated fishing--
[(1)] (A) that undermines the effectiveness
of measures required by an international
fishery management organization, taking into
account whether the relevant international
fishery management organization has failed to
implement effective measures to end the
illegal, unreported, or unregulated fishing
activity by [vessels of] that nation or the
nation is not a party to, or does not maintain
cooperating status with, such organization; or
[(2)] (B) where no international fishery
management organization exists with a mandate
to regulate the fishing activity in question.
(2) Identification for actions of nation.--Taking
into account the factors described under section
609(a)(1), the Secretary shall also identify, and list
in such report, a nation--
(A) if it is violating, or has violated at
any point during the preceding three years,
conservation and management measures required
under an international fishery management
agreement to which the United States is a party
and the violations undermine the effectiveness
of such measures; or
(B) if it is failing, or has failed in the
preceding 3-year period, to effectively address
or regulate illegal, unreported, or unregulated
fishing in areas described under paragraph
(1)(B).
(3) Application to other entities.--Where the
provisions of this Act are applicable to nations, they
shall also be applicable, as appropriate, to other
entities that have competency to enter into
international fishery management agreements.
[(b) Notification.--An identification under subsection (a) or
section 610(a) is deemed to be an identification under section
101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement
Act(16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify
the President and that nation of such identification.]
(b) Notification.--The Secretary shall notify the President
and that nation of such an identification.
(c) Consultation.--No later than 60 days after submitting a
report to Congress under section 607, the Secretary, acting
through the Secretary of State, shall--
(1) notify nations listed in the report of the
requirements of this section;
(2) initiate consultations for the purpose of
encouraging such nations to take the appropriate
corrective action with respect to the offending
activities of their fishing vessels identified in the
report; and
(3) notify any relevant international fishery
management organization of the actions taken by the
United States under this section.
(d) IUU Certification Procedure.--
(1) Certification.--The Secretary shall establish a
procedure, consistent with the provisions of subchapter
II of chapter 5 of title 5, United States Code, for
determining if a nation identified under subsection (a)
and listed in the report under section 607 has taken
appropriate corrective action with respect to the
offending activities [of its fishing vessels]
identified in the report under section 607. The
certification procedure shall provide for notice and an
opportunity for comment by any such nation. The
Secretary shall determine, on the basis of the
procedure, and certify to the Congress no later than 90
days after the date on which the Secretary promulgates
a final rule containing the procedure, and biennially
thereafter in the report under section 607--
(A) whether the government of each nation
identified under subsection (a) has provided
documentary evidence that it has taken
corrective action with respect to the offending
activities [of its fishing vessels] identified
in the report; or
(B) whether the relevant international
fishery management organization has implemented
measures that are effective in ending the
illegal, unreported, or unregulated fishing
activity by vessels of that nation.
(2) Alternative procedure.--The Secretary may
establish a procedure [for certification] to authorize,
on a shipment-by-shipment, shipper-by-shipper, or other
basis the importation of fish or fish products from a
vessel of a [harvesting] nation [not certified under
paragraph (1)] issued a negative certification under
paragraph (1) if the Secretary determines that--
(A) the vessel has not engaged in illegal,
unreported, or unregulated fishing under an
international fishery management agreement to
which the United States is a party; or
(B) the vessel is not identified by an
international fishery management organization
as participating in illegal, unreported, or
unregulated fishing activities.
(3) Effect of certification.--
(A) In general.--The provisions of section
101(a) and section 101(b)(3) and (4) of this
Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4))--
(i) shall apply to any nation
identified under subsection(a) [that
has not been certified by the Secretary
under this subsection, or] for which
the Secretary has issued a negative
certification under this subsection;
but
(ii) shall not apply to any nation
identified under subsection (a) for
which the Secretary has issued a
positive certification under this
subsection.
(B) Exceptions.--Subparagraph (A)(i) does not
apply--
(i) to the extent that such
provisions would apply to sport fishing
equipment or to fish or fish products
not managed under the applicable
international fishery agreement; or
(ii) if there is no applicable
international fishery agreement, to the
extent that such provisions would apply
to fish or fish products caught by
vessels not engaged in illegal,
unreported, or unregulated fishing.
(e) Illegal, Unreported, or Unregulated Fishing Defined.--
(1) In general.--In this Act the term `illegal,
unreported, or unregulated fishing' has the meaning
established under paragraph (2).
(2) Secretary to define term within legislative
guidelines.--Within 3 months after the date of
enactment of the Magnuson-Stevens Fishery Conservation
and Management Reauthorization Act of 2006, the
Secretary shall publish a definition of the term
`illegal, unreported, or unregulated fishing' for
purposes of this Act.
(3) Guidelines.--The Secretary shall include in the
definition, at a minimum--
(A) fishing activities that violate
conservation and management measures required
under an international fishery management
agreement to which the United States is a
party, including catch limits or quotas,
capacity restrictions, 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.
(f) Authorization of appropriations.--There are authorized to
be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.
SEC. 610. EQUIVALENT CONSERVATION MEASURES.
(a) Identification.--The Secretary shall identify, and list
inthe 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.
(2) a nation if--
(A) fishing vessels of that nation are
engaged, or have been engaged during the
preceding calendar year, 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.
(b) Consultation and Negotiation.--The Secretary, acting
through the Secretary of State, shall--
[(1) notify, as soon as possible, other nations whose
vessels engage in fishing activities or practices
described in subsection (a), about the provisions of
this section and this Act;]
(1) notify, as soon as possible, the President and
nations that have been identified under subsection (a),
and also notify other nations whose vessels engage in
fishing activities or practices described in subsection
(a), about the provisions of this section and this Act;
(2) initiate discussions as soon as possible with all
foreign governments which are engaged in, or which have
persons or companies engaged in, fishing activities or
practices described in subsection (a), for the purpose
of entering into bilateral and multilateral treaties
with such countries to protect such species;
(3) seek agreements calling for international
restrictions on fishing activities or practices
described in subsection (a) through the United Nations,
the Food and Agriculture Organization's Committee on
Fisheries, and appropriate international fishery
management bodies; and
(4) initiate the amendment of any existing
international treaty for the protection and
conservation of such species to which the United States
is a party in order to make such treaty consistent with
the purposes and policies of this section.
(c) Conservation Certification Procedure.--
(1) Determination.--The Secretary shall establish a
procedure consistent with the provisions of subchapter
II of chapter 5 of title 5, United States Code, for
determining whether the government of a harvesting
nation identified under subsection (a) and listed in
the report under section 607--
(A) has provided documentary evidence of the
adoption of a regulatory program governing the
conservation of the protected living marine
resource that is comparable to thatof the
United States, taking into account different
conditions, and which, in the case of pelagic
long line fishing, includes mandatory use of
circle hooks, careful handling and release
equipment, and training and observer programs;
and
(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--]
The Secretary may establish a procedure to authorize,
on a shipment-by-shipment, shipper-by-shipper, or other
basis the importation of fish or fish products from a
vessel of a nation issued a negative certification
under paragraph (1) if the Secretary determines that
such imports were harvested by practices that do not
result in bycatch of a protected marine species, or
were harvested by practices that--
[(A) are comparable to those of the United
States, taking into account different
conditions, and which, in the case of pelagic
long line fishing, includes mandatory use of
circle hooks, careful handling and release
equipment, and training and observer programs;
and]
(A) are comparable to those of the United
States, taking into account different
conditions; and
(B) include the gathering of species specific
data that can be used to support international
and regional stock assessments and conservation
efforts for protected living marine resources.
(5) Effect of certification.--The provisions of
section 101(a) and section 101(b)(3) and (4) of this
Act (16 U.S.C. 1826a(a), (b)(3), and (b)(4)) (except to
the extent that such provisions apply to sport fishing
equipment or fish or fish products not caught by the
vessels engaged in illegal, unreported, or unregulated
fishing) shall apply to any nation identified under
subsection (a) [that has not been certified by the
Secretary under this subsection, or] for which the
Secretary has issued a negative certification under
this subsection, but shall not apply to any nation
identified under subsection (a) for which the Secretary
has issued a positive certification under this
subsection.
(d) International Cooperation and Assistance.--To the
greatest extent possible consistent with existing authority and
the availability of funds, the Secretary shall--
(1) provide appropriate assistance to nations
identified by the Secretary under subsection (a) and
international organizations of which those nations are
members to assist those nations in qualifying for
certification under subsection (c);
(2) undertake, where appropriate, cooperative
research activities on species statistics and improved
harvesting techniques, with those nations or
organizations;
(3) encourage and facilitate the transfer of
appropriate technology to those nations or
organizations to assist those nations in qualifying for
certification under subsection (c); and
(4) provide assistance to those nations or
organizations in designing and implementing appropriate
fish harvesting plans.
(e) Protected Living Marine Resource Defined.--In this
section the term ``protected living marine resource''--
(1) means non-target fish, sea turtles, or marine
mammals that are protected under United States law or
international agreement, including the Marine Mammal
Protection Act, the Endangered Species Act, the Shark
Finning Prohibition Act, and the Convention on
International Trade in Endangered Species of Wild Flora
and Fauna; but
(2) does not include species, except sharks, managed
under the Magnuson-Stevens Fishery Conservation and
Management Act, the Atlantic Tunas Convention Act, or
any international fishery management agreement.
(f) Authorization of Appropriations.--There are authorized to
be appropriated to the Secretary for fiscal years 2007 through
2013 such sums as are necessary to carry out this section.
* * * * * * *
----------
ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984
* * * * * * *
TITLE III--ANTARCTIC MARINE LIVING RESOURCES CONVENTION
* * * * * * *
SEC. 306. UNLAWFUL ACTIVITIES.
It is unlawful for any person--
(1) 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, investigation, or inspection in connection with
the enforcement of the Convention, this title, or any
regulations promulgated under this title;
(5) to assault, resist, oppose, impede, intimidate,
or interfere with any authorized officer or employee of
the United States in the conduct of any search,
investigation, or inspection described in paragraph
(4);
(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.
(a) In General._The Secretary of Commerce, after
consultation with the Secretary of State, the Secretary of the
department in which the Coast Guard is operating, and the heads
of other appropriate departments or agencies of the United
States, shall promulgate such regulations as are necessary and
appropriate to implement the provisions of this title.
(b) Regulations To Implement Conservation Measures.--
(1) In general.--Notwithstanding subsections (b),
(c), and (d) of section 553 of title 5, United States
Code, the Secretary of Commerce may publish in the
Federal Register a final regulation to implement any
conservation measure for which the Secretary of State
notifies the Commission under section 305(a)(1)--
(A) that has been in effect for 12 months or
less;
(B) that is adopted by the Commission; and
(C) with respect to which the Secretary of
State does not notify Commission in accordance
with section 305(a)(1) within the time period
allotted for objections under Article IX of the
Convention.
(2) Entering into force.--Upon publication of such
regulation in the Federal Register, such conservation
measure shall enter into force with respect to the
United States.
SEC. 308. CIVIL PENALTIES.
[(a) Assessment of Penalties.--(1) Any person who is found by
the Secretary of Commerce, after notice and opportunity for a
hearing in accordance with subsection (b), to have committed
any act prohibited by section 306 shall be liable to the United
States for a civil penalty. The amount of the civil penalty
shall not exceed $5,000 for each violation unless the
prohibited act was knowingly committed, in which case the
amount of the civil penalty shall not exceed $10,000 for each
violation. Each day of a continuing violation shall constitute
a separate violation for purposes of this subsection. The
amount of any civil penalty shall be assessed by the Secretary
of Commerce by written notice. In determining the amount of
such penalty, the Secretary of Commerce shall take into account
the nature, circumstances, extent, and gravity of the
prohibited acts committed, and, with respect to the person
committing the violation, the degree of culpability, any
history of prior offenses, ability to pay, and such other
matters as justice may require, to the extent that such
information is reasonably available to the Secretary.
[(2) The Secretary of Commerce may compromise, modify, or
remit, with or without conditions, any civil penalty which is
subject to imposition or which has been imposed under this
section, until such time as the matter is referred to the
Attorney General under subsection (c) of this section.]
(a) In General.--Any person who commits an act that is
unlawful under section 306 shall be liable to the United States
for a civil penalty, and may be subject to a permit sanction,
under section 308 of the Magnuson-Stevens Fishery Conservation
and Management Act (16 U.S.C. 1858).
(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.
* * * * * * *
----------
HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT
* * * * * * *
TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING
SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH SEAS LARGE-
SCALE DRIFTNET FISHING.
(a) Denial of Port Privileges.--
(1) 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) or, as appropriate, for
fishing vessels of a nation that receives a
negative certification under section 609(d) or
section 610(c) of the High Seas Driftnet
Fishing Moratorium Protection Act (16 U.S.C.
1826); and
(B) deny entry of that vessel to any place in
the United States and to the navigable waters
of the United States, except for the purposes
of inspecting such vessel, conducting an
investigation, or taking other appropriate
enforcement action.
(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 a negative
certification under section 609(d) or
section 610(c) of the High Seas
Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(d), 1826k(c)); or
(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.
(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 issues a negative
certification under section 609(d) or section
610(c) of the High Seas Driftnet Fishing
Moratorium Protection Act (16 U.S.C. 1826j(d),
1826k(c)), the Secretary shall determine
whether--
(i) any prohibition established under
paragraph (3) is insufficient to cause
that nation to terminate large-scale
driftnet fishing [or illegal,
unreported, or unregulated fishing]
conducted by its nationals and vessels
beyond the exclusive economic zone of
any nation, or to address the offending
activities for which a nation received
a negative certification under section
609(d) or 610(c) of the High Seas
Driftnet Fishing Moratorium Protection
Act (16 U.S.C. 1826j(d), 1826k(c)); or
(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.
Any denial of port privileges or sanction under section 101
with respect to a nation shall remain in effect until such time
as the Secretary of Commerce certifies to the President and the
Congress that such nation has terminated large-scale driftnet
fishing [or illegal, unreported, or unregulated fishing] by its
nationals and vessels beyond the exclusive economic zone of any
nation or effectively addressed the offending activities for
which the nation received a negative certification under 609(d)
or 610(c) of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826j(d), 1826k(c)).
* * * * * * *
----------
NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992
* * * * * * *
TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION
SEC. 801. SHORT TITLE.
This title may be cited as the ``North Pacific Anadromous
Stocks Act of 1992''.
* * * * * * *
SEC. 810. UNLAWFUL ACTIVITIES.
It is unlawful for any person or fishing vessel subject to
the jurisdiction of the United States--
(1) 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 purposes of conducting any search, investigation,
or inspection in connection with the enforcement of the
Convention, this title, or any regulation issued under
this title;
(6) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any enforcement officer
in the conduct of any search, investigation, or
inspection described in paragraph (5);
(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 any such officer
in fear of imminent bodily injury, the offense is a felony
punishable by a fine under title 18, United States Code, or
imprisonment for not more than 10 years, or both.
[(c) Forfeiture.--(1) Any fishing vessel (including its
fishing gear, furniture, appurtenances, stores, and cargo)
used, and any fish (or a fair market value thereof) taken or
retained, in any manner, in connection with or as a result of
the commission of any act prohibited by section 810 shall be
subject to forfeiture to the United States. All or part of such
vessel may, and all such fish shall, be forfeited to the United
States pursuant to a civil proceeding under this section.
[(2) Any district court of the United States shall have
jurisdiction, upon application of the Attorney General on
behalf of the United States, to order any forfeiture authorized
under paragraph (1) and any action provided for under paragraph
(4).
[(3) if a judgment is entered for the United States in a
civil forfeiture proceeding under this section, the Attorney
General may seize any property or other interest declared
forfeited to the United States, which has not previously been
seized pursuant to this title or for which security has not
previously been obtained. The provisions of the customs laws
relating to--
[(A) the seizure, forfeiture, and condemnation of
property for violation of the customs law;
[(B) the disposition of such property or the proceeds
from the sale thereof; and
[(C) the remission or mitigation of any such
forfeiture;
shall apply to seizures and forfeitures incurred, or alleged to
have been incurred, under the provisions of this title, unless
such provisions are inconsistent with the purposes, policy, and
provisions of this title.
[(4)(A) Any officer authorized to serve any process in rem
that is issued by a court having jurisdiction under section
809(b) shall--
[(i) stay the execution of such process; or
[(ii) discharge any fish seized pursuant to such
process;
upon receipt of a satisfactory bond or other security from any
person claiming such property. Such bond or other security
shall be conditioned upon such person delivering such property
to the appropriate court upon order thereof, without any
impairment of its value, or paying the monetary value of such
property pursuant to an order of such court. Judgment shall be
recoverable on such bond or other security against both the
principal and any sureties in the event that any condition
thereof is breached, as determined by such court.
[(B) Any fish seized pursuant to this title may be sold,
subject to the approval and direction of the appropriate court,
for not less than the fair market value thereof. The proceeds
of any such sale shall be deposited with such court pending the
disposition of the matter involved.
[(5) For purposes of this section, it shall be a rebuttable
presumption that all fish found on board a fishing vessel and
which is seized in connection with an act prohibited by section
810 were taken or retained in violation of the Convention and
this title.]
SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
* * * * * * *
----------
PACIFIC SALMON TREATY ACT OF 1985
* * * * * * *
SEC. 8. PROHIBITED ACTS AND PENALTIES.
(a) It is unlawful for any person or vessel subject to the
jurisdiction of the United States--
(1) 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, investigation, or inspection in
connection with the enforcement of [this title;] this
Act;
(3) to forcibly assault, resist, oppose, impede,
intimidate, or interfere with any such authorized
officer in the conduct of any search, investigation, or
inspection described in [subparagraph (2);] paragraph
(2);
(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] this Act; 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) Any person who commits any act that is unlawful under
subsection (a) of this section shall be liable to the United
States for a civil penalty as provided by section 308 of the
Magnuson Act (16 U.S.C. 1858).
[(c) Any person who commits an act that is unlawful under
paragraph (2), (3), (4), or (6) of subsection (a) of this
section shall be guilty of an offense punishable as provided by
section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
[(d)(1) Any vessel (including its gear, furniture,
appurtenances, stores, and cargo) used in the commission of an
act which is prohibited under subsection (a) of this section,
and any fish (or the fair market value thereof) taken or
retained, in any manner, in connection with or as a result of
the commission of any act which is prohibited by subsection (a)
of this section, shall be subject to forfeiture as provided by
section 310 of the Magnuson Act (16 U.S.C. 1860).
[(2) Any fish seized pursuant to this title may be disposed
of pursuant to the order of a court of competent jurisdiction
or, if perishable, in a manner prescribed by regulation of the
Secretary.
[(e) The Secretary and the Secretary of the Department in
which the Coast Guard is operating shall enforce the provisions
of this title and shall have the authority provided by
subsections 311 (a), (b)(1), and (c) of the Magnuson Act (16
U.S.C. 1861 (a), (b)(1), and (c)).
[(f) The district courts of the United States shall have
exclusive jurisdiction over any case or controversy arising
under this section and may, at any time--
[(1) enter restraining orders or prohibitions;
[(2) issue warrants, process in rem, or other
process;
[(3) prescribe and accept satisfactory bonds or other
security; and
[(4) take such other actions as are in the interest
of justice.]
(b) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
----------
WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT
* * * * * * *
TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES
CONVENTION
* * * * * * *
SEC. 506. ENFORCEMENT.
(a) In General.--The Secretary may--
(1) administer and enforce this title and any
regulations issued under this title, except to the
extent otherwise provided for in this Act;
(2) request and utilize on a reimbursed or non-
reimbursed basis the assistance, services, personnel,
equipment, and facilities of other Federal departments
and agencies in--
(A) the administration and enforcement of
this title; and
(B) the conduct of scientific, research, and
other programs under this title;
(3) conduct fishing operations and biological
experiments for purposes of scientific investigation or
other purposes necessary to implement the WCPFC
Convention;
(4) collect, utilize, and disclose such information
as may be necessary to implement the WCPFC Convention,
subject to sections 552 and 552a of title 5, United
States Code, and section 402(b) of the Magnuson-Stevens
Fishery Conservation and Management Act (16 U.S.C.
1881a(b));
(5) if recommended by the United States Commissioners
or proposed by a Council with authority over the
relevant fishery, assess and collect fees, not to
exceed three percent of the ex-vessel value of fish
harvested by vessels of the United States in fisheries
managed pursuant to this title, to recover the actual
costs to the United States of management and
enforcement under this title, which shall be deposited
as an offsetting collection in, and credited to, the
account providing appropriations to carry out the
functions of the Secretary under this title; and
(6) issue permits to owners and operators of United
States vessels to fish in the convention area seaward
of the United States Exclusive Economic Zone, under
such terms and conditions as the Secretary may
prescribe, and shall remain valid for a period to be
determined by the Secretary.
(b) Consistency With Other Laws.--The Secretary shall ensure
the consistency, to the extent practicable, of fishery
management programs administered under this Act, the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1801
et seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the
South Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of
Public Law 108-219 (16 U.S.C. 1821 note) (relating to Pacific
albacore tuna), and the Atlantic Tunas Convention Act (16
U.S.C. 971).
[(c) Actions by the Secretary.--The Secretary shall prevent
any person from violating this title in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C.
1857) were incorporated into and made a part of this title. Any
person that violates any provision of this title is subject to
the penalties and entitled to the privileges and immunities
provided in the Magnuson-Stevens Fishery Conservation and
Management Act in the same manner, by the same means, and with
the same jurisdiction, power, and duties as though all
applicable terms and provisions of that Act were incorporated
into and made a part of this title.]
(c) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
(d) Confidentiality.--
(1) In general.--Any information submitted to the
Secretary in compliance with any requirement under this
Act shall be confidential and shall not be disclosed,
except--
(A) to Federal employees who are responsible
for administering, implementing, and enforcing
this Act;
(B) to the Commission, in accordance with
requirements in the Convention and decisions of
the Commission, and, insofar as possible, in
accordance with an agreement with the
Commission that prevents public disclosure of
the identity or business of any person;
(C) to State or Marine Fisheries Commission
employees pursuant to an agreement with the
Secretary that prevents public disclosure of
the identity or business or any person;
(D) when required by court order; or
(E) when the Secretary has obtained written
authorization from the person submitting such
information to release such information to
persons for reasons not otherwise provided for
in this subsection, and such release does not
violate other requirements of this Act.
(2) Use of information.--The Secretary shall, by
regulation, prescribe such procedures as may be
necessary to preserve the confidentiality of
information submitted in compliance with any
requirement or regulation under this Act, except that
the Secretary may release or make public any such
information in any aggregate or summary form that does
not directly or indirectly disclose the identity or
business of any person. Nothing in this subsection
shall be interpreted or construed to prevent the use
for conservation and management purposes by the
Secretary of any information submitted in compliance
with any requirement or regulation under this Act.
SEC. 507. PROHIBITED ACTS.
(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.
* * * * * * *
----------
ATLANTIC TUNAS CONVENTION ACT OF 1975
* * * * * * *
administration
Sec. 6. (a) The Secretary is authorized and directed to
administer and enforce all of the provisions of the Convention,
this Act, and regulations issued pursuant thereto, except to
the extent otherwise provided for in this Act. In carrying out
such functions the Secretary is authorized and directed to
adopt such regulations as may be necessary to carry out the
purposes and objectives of the Convention and this Act, and
with the concurrence of the Secretary of State, he may
cooperate with the duly authorized officials of the government
of any party to the Convention. In addition, the Secretary may
utilize, with the concurrence of the Secretary of the
department in which the Coast Guard is operating insofar as
such utilization involves enforcement at sea, with or without
reimbursement and by agreement with any other Federal
department or agency, or with any agency of any State, the
personnel, services, and facilities of that agency for
enforcement purposes with respect to any vessel in the
fisheries zone, or wherever found, with respect to any vessel
documented under the laws of the United States, and any vessel
numbered or otherwise licensed under the laws of any State.
When so utilized, such personnel of the States of the United
States are authorized to function as Federal law enforcement
agents for these purposes, but they shall not be held and
considered as employees of the United States for the purposes
of any laws administered by the Civil Service Commission.
(b) Enforcement activities at sea under the provisions of
this Act for fishing vessels subject to the jurisdiction of the
United States shall be primarily the responsibility of the
Secretary of the department in which the Coast Guard is
operating, in cooperation with the Secretary and the United
States Customs Service. The Secretary after consultation with
the Secretary of the department in which the Coast Guard is
operating, shall adopt such regulations as may be necessary to
provide for procedures and methods of enforcement pursuant to
article IX of the Convention.
(c)(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) Notwithstanding the requirements of subparagraph (A) and
subsections (b) and (c) of section 553 of title 5, United
States Code, the Secretary may issue final regulations to
implement Commission recommendations referred to in paragraph
(1) concerning trade restrictive measures against nations or
fishing entities.
(3) The regulations required to be promulgated under
paragraph (1) of this subsection may--
(A) select for regulation one or more of the species
covered by the Convention;
(B) divide the Convention waters into areas;
(C) establish one or more open or closed seasons as
to each such area;
(D) limit the size of the fish and quantity of the
catch which may be taken from each area within any
season during which fishing is allowed;
(E) limit or prohibit the incidental catch of a
regulated species which may be retained, taken,
possessed, or landed by vessels or persons fishing for
other species of fish;
(F) require records of operations to be kept by any
master or other person in charge of any fishing vessel;
(G) require such clearance certificates for vessels
as may be necessary to carry out the purposes of the
Convention and this Act;
(H) require proof satisfactory to the Secretary that
any fish subject to regulation pursuant to a
recommendation of the Commission offered for entry into
the United States has not been taken or retained
contrary to the recommendations of the Commission made
pursuant to article VIII of the Convention which have
been adopted as regulations pursuant to this section;
(I) require any commercial or recreational fisherman
to obtain a permit from the Secretary and report the
quantity of the catch of a regulated species;
(J) require that observers be carried aboard fishing
vessels for the purpose of providing statistically
reliable scientific data; and
(K) impose such other requirements and provide for
such other measures as the Secretary may determine
necessary to implement any recommendation of the
Convention or to obtain scientific data necessary to
accomplish the purpose of the Convention;
except that no regulation promulgated under this section may
have the effect of increasing or decreasing any allocation or
quota of fish or fishing mortality level to the United States
agreed to pursuant to a recommendation of the Commission.
(4) Upon the promulgation of regulations provided for in
paragraph (3) of this subsection, the Secretary shall
promulgate, with the concurrence of the Secretary of State and
pursuant to the procedures prescribed in paragraph (2) of this
subsection, additional regulations which shall become effective
simultaneously with the application of the regulations provided
for in paragraph (3) of this subsection, which prohibit--
(A) the entry into the United States of fish in any
form of those species which are subject to regulation
pursuant to a recommendation of the Commission and
which were taken from the Convention area in such
manner or in such circumstances as would tend to
diminish the effectiveness of the conservation
recommendations of the Commission; and
(B) the entry into the United States, from any
country when the vessels of such country are being used
in the conduct of fishing operations in the Convention
area in such manner or in such circumstances as would
tend to diminish the effectiveness of the conservation
recommendations of the Commission, of fish in any form
of those species which are subject to regulation
pursuant to a recommendation of the Commission and
which were taken from the Convention area.
(5) In the case of repeated and flagrant fishing operations
in the Convention area by the vessels of any country which
seriously threaten the achievement of the objectives of the
Commission's recommendations, the Secretary with the
concurrence of the Secretary of State, may by regulations
promulgated pursuant to paragraph (2) of this subsection
prohibit the entry in any form from such country of other
species covered by the Convention as may be under investigation
by the Commission and which were taken in the Convention area.
Any such prohibition shall continue until the Secretary is
satisfied that the condition warranting the prohibition no
longer exists, except that all fish in any form of the species
under regulation which were previously prohibited from entry
shall continue to be prohibited from entry.
(6) Identification and notification.--
(A) Not later than July 1, 1996, and annually
thereafter, the Secretary, in consultation with
the Secretary of State, the Commissioners, and
the advisory committee, shall--
(i) identify those nations whose
fishing vessels are fishing, or have
fished during the preceding calendar
year, within the convention area in a
manner or under circumstances that
diminish the effectiveness of a
conservation recommendation;
(ii) notify the President and the
nation so identified, including an
explanation of the reasons therefor;
and
(iii) publish a list of those Nations
identified under clause (i).
(B) In identifying those Nations, the
Secretary shall consider, based on the best
available information, whether those Nations
have measures in place for reporting,
monitoring, and enforcement, and whether those
measures diminish the effectiveness of any
conservation recommendation.
(7) Consultation.--Not later than 30 days after a
Nation is notified under paragraph (6), the President
may enter into consultations with the Government of
that Nation for the purpose of obtaining an agreement
that will--
(A) effect the immediate termination and
prevent the resumption of any fishing operation
by vessels of that Nation within the Convention
area which is conducted in a manner or under
circumstances that diminish the effectiveness
of the conservation recommendation;
(B) when practicable, require actions by that
Nation, or vessels of that Nation, to mitigate
the negative impacts of fishing operations on
the effectiveness of the conservation
recommendation involved, including but not
limited to, the imposition of subsequent-year
deductions for quota overages; and
(C) result in the establishment, if
necessary, by such Nation of reporting,
monitoring, and enforcement measures that are
adequate to ensure the effectiveness of
conservation recommendations.
(d)(1) It is the sense of the Congress that the Secretary, in
consultation with the Secretary of State, should seek support
for a recommendation by the Commission to ban large-scale
driftnet fishing (as that term is defined in section 3(16) of
the Magnuson-Stevens Fishery Conservation and Management Act)
in the Convention area.
(2) The Secretary, in consultation with the Secretary of
State, shall request the Commission to adopt recommendations
necessary for the conservation and management of Atlantic
swordfish. In making the request, the Secretary shall seek the
establishment of an international minimum harvest size and a
reduction in harvest levels to the extent necessary to conserve
the stock. Until the Commission adopts all the conservation and
management measures requested by the Secretary, the Secretary,
within 3 months after each annual meeting of the Commission,
shall notify Congress as to the nature and results of his
request. These notifications shall identify those nations not
acting to conserve and manage Atlantic swordfish, and recommend
measures which could be taken to achieve effective
international conservation and management of the stock.
violations; fines and forfeitures; application of related laws
Sec. 7. (a) 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) 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) 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) 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) The civil penalty and permit sanctions of section 308 of
the Magnuson-Stevens Fishery Conservation and Management Act
(16 U.S.C. 1858) are hereby made applicable to violations of
this section as if they were violations of section 307 of that
Act.
[(f) All fish taken or retained in violation of subsection
(a) of this section, or the monetary value thereof, may be
forfeited.]
[(g)] (e) All provisions of law relating to the seizure,
judicial forfeiture, and condemnation of a cargo for violation
of the customs laws, the disposition of such cargo or the
proceeds from the sale thereof, and the remission or mitigation
of such forfeitures shall apply to seizures and forfeitures
incurred, or alleged to have been incurred, under the
provisions of this Act, insofar as such provisions of law are
applicable and not inconsistent with the provisions of this
Act.
enforcement
Sec. 8. [(a) Any person authorized in accordance with the
provisions of this Act to enforce the provisions of this Act
and the regulations issued thereunder may--
[(1) with or without a warrant, board any vessel
subject to the jurisdiction of the United States and
inspect such vessel and its catch and, if as a result
of such inspection, he has reasonable cause to believe
that such vessel or any person on board is engaging in
operations in violation of this Act or any regulations
issued thereunder, he may, with or without a warrant or
other process, arrest such person;
[(2) arrest, with or without a warrant, any person
who violates the provisions of this Act or any
regulation issued thereunder in his presence or view;
[(3) execute any warrant or other process issued by
an officer or court of competent jurisdiction; and
[(4) seize, whenever and wherever lawfully found, all
fish taken or retained by a vessel subject to the
jurisdiction of the United States in violation of the
provisions of this Act or any regulations issued
pursuant thereto. Any fish so seized may be disposed of
pursuant to an order of a court of competent
jurisdiction, or, if perishable, in a manner prescribed
by regulation of the Secretary.]
(a) For additional prohibitions relating to this Act and
enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
(b) To the extent authorized under the convention or by
agreements between the United States and any contracting party
concluded pursuant to section 5(b) of this Act for
international enforcement, the duly authorized officials of
such party shall have the authority to carry out [the
enforcement activities specified in section 8(a) of this Act]
enforcement activities with respect to this Act that are
otherwise authorized by law with respect to persons or vessels
subject to the jurisdiction of the United States, and the
officials of the United States authorized pursuant to this
section shall have the authority to carry out [the enforcement
activities specified in section 8(a) of this Act] enforcement
activities with respect to this Act that are otherwise
authorized by law with respect to persons or vessels subject to
the jurisdiction of such party, except that where any agreement
provides for arrest or seizure of persons or vessels under
United States jurisdiction it shall also provide that the
person or vessel arrested or seized shall be promptly handed
over to a United States enforcement officer or another
authorized United States official.
[(c) Notwithstanding the provisions of section 2464 of title
28, United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshal or other officer shall stay the execution of such
process, or discharge any fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or
stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money
or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and
judgment thereon against both the principal and sureties may be
recovered in event of any breach of the conditions thereof as
determined by the court. In the discretion of the accused, and
subject to the direction of the court, the fish may be sold for
not less than its reasonable market value at the time of
seizure and the proceeds of such sale placed in the registry of
the court pending judgment in the case.]
* * * * * * *
[annual report
[Sec. 11. Not later than April 1, 1996, and annually
thereafter, the Secretary shall prepare and transmit to the
Committee on Resources of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report, that--
[(1) details for the previous 10-year period the
catches and exports to the United States of highly
migratory species (including tunas, swordfish, marlin
and sharks) from Nations fishing on Atlantic stocks of
such species that are subject to management by the
Commission;
[(2) identifies those fishing Nations whose harvests
are inconsistent with conservation and management
recommendations of the Commission;
[(3) describes reporting requirements established by
the Secretary to ensure that imported fish products are
in compliance with all international management
measures, including minimum size requirements,
established by the Commission and other international
fishery organizations to which the United States is a
party; and
[(4) describes actions taken by the Secretary under
section 6.]
savings clause
Sec. [12.] 11. Nothing in this Act shall have the effect of
diminishing the rights and obligations of any Nation under
Article VIII(3) of the Convention.
* * * * * * *
separability
Sec. [13.] 12. If any provision of this Act or the
applications of such provision to any circumstance or persons
shall be held invalid, the validity of the remainder of the Act
and the applicability of such provision to other circumstances
or persons shall not be affected thereby.
* * * * * * *
----------
HIGH SEAS FISHING COMPLIANCE ACT OF 1995
TITLE I--HIGH SEAS FISHING COMPLIANCE
* * * * * * *
SEC. 104. PERMITTING.
(a) In General.--No high seas fishing vessel shall engage in
harvesting operations on the high seas unless the vessel has on
board a valid permit issued under this section.
(b) Eligibility.--
(1) Any vessel of the United States is eligible to
receive a permit under this section, unless the vessel
was previously authorized to be used for fishing on the
high seas by a foreign nation, and
(A) the foreign nation suspended such
authorization because the vessel undermined the
effectiveness of international conservation and
management measures, and the suspension has not
expired; or
(B) the foreign nation, within the last three
years preceding application for a permit under
this section, withdrew such authorization
because the vessel undermined the effectiveness
of international conservation and management
measures.
(2) The restriction in paragraph (1) does not apply
if ownership of the vessel has changed since the vessel
undermined the effectiveness of international
conservation and management measures, and the new owner
has provided sufficient evidence to the Secretary
demonstrating that the previous owner or operator has
no further legal, beneficial or financial interest in,
or control of, the vessel.
(3) The restriction in paragraph (1) does not apply
if the Secretary makes a determination that issuing a
permit would not subvert the purposes of the Agreement.
(4) The Secretary may not issue a permit to a vessel
unless the Secretary is satisfied that the United
States will be able to exercise effectively its
responsibilities under the Agreement with respect to
that vessel.
(c) Application.--
(1) The owner or operator of a high seas fishing
vessel may apply for a permit under this section by
completing an application form prescribed by the
Secretary.
(2) The application form shall contain--
(A) the vessel's name, previous names (if
known), official numbers, and port of record;
(B) the vessel's previous flags (if any);
(C) the vessel's International Radio Call
Sign (if any);
(D) the names and addresses of the vessel's
owners and operators;
(E) where and when the vessel was built;
(F) the type of vessel;
(G) the vessel's length; and
(H) any other information the Secretary
requires for the purposes of implementing the
Agreement.
(d) Conditions.--The Secretary shall establish such
conditions and restrictions on each permit issued under this
section as are necessary and appropriate to carry out the
obligations of the United States under the Agreement, including
but not limited to the following:
(1) The vessel shall be marked in accordance with the
FAO Standard Specifications for the Marking and
Identification of Fishing Vessels, or with regulations
issued under section 305 of the Magnuson Fishery
Conservation and Management Act (16 U.S.C. 1855); and
(2) The permit holder shall report such information
as the Secretary by regulation requires, including area
of fishing operations and catch statistics. The
Secretary shall promulgate regulations concerning
conditions under which information submitted under this
paragraph may be released.
(e) Fees.--
(1) The Secretary shall by regulation establish the
level of fees to be charged for permits issued under
this section. The amount of any fee charged for a
permit issued under this section shall not exceed the
administrative costs incurred in issuing such permits.
The permitting fee may be in addition to any fee
required under any regional permitting regime
applicable to high seas fishing vessels.
(2) The fees authorized by paragraph (1) shall be
collected and credited to the Operations, Research and
Facilities account of the National Oceanic and
Atmospheric Administration. Fees collected under this
subsection shall be available for the necessary
expenses of the National Oceanic and Atmospheric
Administration in implementing this Act, and shall
remain available until expended.
[(f) Duration.--A permit issued under this section is valid
for 5 years. A permit issued under this section is void in the
event the vessel is no longer eligible for United States
documentation, such documentation is revoked or denied, or the
vessel is deleted from such documentation.]
(f) Validity.--A permit issued under this section for a
vessel is void if--
(1) any other permit or authorization required for
the vessel to fish is expired, revoked, or suspended;
or
(2) the vessel is no longer documented under the laws
of the United States or eligible for such
documentation.
* * * * * * *
----------
DOLPHIN PROTECTION CONSUMER INFORMATION ACT
* * * * * * *
dolphin protection
Sec. 901. (a) Short Title.--This section may be cited as the
``Dolphin Protection Consumer Information Act''.
(b) Findings.--The Congress finds that--
(1) dolphins and other marine mammals are frequently
killed in the course of tuna fishing operations in the
eastern tropical Pacific Ocean and high seas driftnet
fishing in other parts of the world;
(2) it is the policy of the United States to support
a worldwide ban on high seas driftnet fishing, in part
because of the harmful effects that such driftnets have
on marine mammals, including dolphins; and
(3) consumers would like to know if the tuna they
purchase is falsely labeled as to the effect of the
harvesting of the tuna on dolphins.
(c) Definitions.--For purposes of this section--
(1) the terms ``driftnet'' and ``driftnet fishing''
have the meanings given those terms in section 4003 of
the Driftnet Impact Monitoring, Assessment, and Control
Act of 1987 (16 U.S.C. 1822 note);
(2) the term ``eastern tropical Pacific Ocean'' means
the area of the Pacific Ocean bounded by 40 degrees
north latitude, 40 degrees south latitude, 160 degrees
west longitude, and the western coastlines of North,
Central, and South America;
(3) the term ``label'' means a display of written,
printed, or graphic matter on or affixed to the
immediate container of any article;
(4) the term ``Secretary'' means the Secretary of
Commerce; and
(5) the term ``tuna product'' means a food item which
contains tuna and which has been processed for retail
sale, except perishable sandwiches, salads, or other
products with a shelf life of less than 3 days.
(d) Labeling Standard.--
(1) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) for any producer,
importer, exporter, distributor, or seller of any tuna
product that is exported from or offered for sale in
the United States to include on the label of that
product the term ``dolphin safe'' or any other term or
symbol that falsely claims or suggests that the tuna
contained in the product were harvested using a method
of fishing that is not harmful to dolphins if the
product contains tuna harvested--
(A) on the high seas by a vessel engaged in
driftnet fishing;
(B) outside the eastern tropical Pacific
Ocean by a vessel using purse seine nets--
(i) in a fishery in which the
Secretary has determined that a regular
and significant association occurs
between dolphins and tuna (similar to
the association between dolphins and
tuna in the eastern tropical Pacific
Ocean), unless such product is
accompanied by a written statement,
executed by the captain of the vessel
and an observer participating in a
national or international program
acceptable to the Secretary, certifying
that no purse seine net was
intentionally deployed on or used to
encircle dolphins during the particular
voyage on which the tuna were caught
and no dolphins were killed or
seriously injured in the sets in which
the tuna were caught; or
(ii) in any other fishery (other than
a fishery described in subparagraph
(D)) unless the product is accompanied
by a written statement executed by the
captain of the vessel certifying that
no purse seine net was intentionally
deployed on or used to encircle
dolphins during the particular voyage
on which the tuna was harvested;
(C) in the eastern tropical Pacific Ocean by
a vessel using a purse seine net unless the
tuna meet the requirements for being considered
dolphin safe under paragraph (2); or
(D) by a vessel in a fishery other than one
described in subparagraph (A), (B), or (C) that
is identified by the Secretary as having a
regular and significant mortality or serious
injury of dolphins, unless such product is
accompanied by a written statement executed by
the captain of the vessel and an observer
participating in a national or international
program acceptable to the Secretary that no
dolphins were killed or seriously injured in
the sets or other gear deployments in which the
tuna were caught, provided that the Secretary
determines that such an observer statement is
necessary.
(2) For purposes of paragraph (1)(C), a tuna product
that contains tuna harvested in the eastern tropical
Pacific Ocean by a vessel using purse seine nets is
dolphin safe if--
(A) the vessel is of a type and size that the
Secretary has determined, consistent with the
International Dolphin Conservation Program, is
not capable of deploying its purse seine nets
on or to encircle dolphins; or
(B)(i) the product is accompanied by a
written statement executed by the captain
providing the certification required under
subsection (h);
(ii) the product is accompanied by a written
statement executed by--
(I) the Secretary or the Secretary's
designee;
(II) a representative of the Inter-
American Tropical Tuna Commission; or
(III) an authorized representative of
a participating nation whose national
program meets the requirements of the
International Dolphin Conservation
Program,
which states that there was an observer
approved by the International Dolphin
Conservation Program on board the vessel during
the entire trip and that such observer provided
the certification required under subsection
(h); and
(iii) the statements referred to in clauses
(i) and (ii) are endorsed in writing by each
exporter, importer, and processor of the
product; and
(C) the written statements and endorsements
referred to in subparagraph (B) comply with
regulations promulgated by the Secretary which
provide for the verification of tuna products
as dolphin safe.
(3)(A) The Secretary of Commerce shall develop an
official mark that may be used to label tuna products
as dolphin safe in accordance with this Act.
(B) A tuna product that bears the dolphin safe mark
developed under subparagraph (A) shall not bear any
other label or mark that refers to dolphins, porpoises,
or marine mammals.
(C) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) to label a tuna
product with any label or mark that refers to dolphins,
porpoises, or marine mammals other than the mark
developed under subparagraph (A) unless--
(i) no dolphins were killed or seriously
injured in the sets or other gear deployments
in which the tuna were caught;
(ii) the label is supported by a tracking and
verification program which is comparable in
effectiveness to the program established under
subsection (f); and
(iii) the label complies with all applicable
labeling, marketing, and advertising laws and
regulations of the Federal Trade Commission,
including any guidelines for environmental
labeling.
(D) If the Secretary determines that the use of a
label referred to in subparagraph (C) is substantially
undermining the conservation goals of the International
Dolphin Conservation Program, the Secretary shall
report that determination to the United States Senate
Committee on Commerce, Science, and Transportation and
the United States House of Representatives Committees
on Resources and on Commerce, along with
recommendations to correct such problems.
(E) It is a violation of section 5 of the Federal
Trade Commission Act (15 U.S.C. 45) willingly and
knowingly to use a label referred to in subparagraph
(C) in a campaign or effort to mislead or deceive
consumers about the level of protection afforded
dolphins under the International Dolphin Conservation
Program.
[(e) Enforcement.--Any person who knowingly and willfully
makes a statement or endorsement described in subsection
(d)(2)(B) that is false is liable for a civil penalty of not to
exceed $100,000 assessed in an action brought in any
appropriate district court of the United States on behalf of
the Secretary.]
(e) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
(f) Regulations.--The Secretary, in consultation with the
Secretary of the Treasury, shall issue regulations to implement
this Act, including regulations to establish a domestic
tracking and verification program that provides for the
effective tracking of tuna labeled under subsection (d). In the
development of these regulations, the Secretary shall establish
appropriate procedures for ensuring the confidentiality of
proprietary information the submission of which is voluntary or
mandatory. The regulations shall address each of the following
items:
(1) The use of weight calculation for purposes of
tracking tuna caught, landed, processed, and exported.
(2) Additional measures to enhance current observer
coverage, including the establishment of criteria for
training, and for improving monitoring and reporting
capabilities and procedures.
(3) The designation of well location, procedures for
sealing holds, procedures for monitoring and certifying
both above and below deck, or through equally effective
methods, the tracking and verification of tuna labeled
under subsection (d).
(4) The reporting, receipt, and database storage of
radio and facsimile transmittals from fishing vessels
containing information related to the tracking and
verification of tuna, and the definition of set.
(5) The shore-based verification and tracking
throughout the fishing, transshipment, and canning
process by means of Inter-American Tropical Tuna
Commission trip records or otherwise.
(6) The use of periodic audits and spot checks for
caught, landed, and processed tuna products labeled in
accordance with subsection (d).
(7) The provision of timely access to data required
under this subsection by the Secretary from harvesting
nations to undertake the actions required in paragraph
(6) of this paragraph.
The Secretary may make such adjustments as may be appropriate
to the regulations promulgated under this subsection to
implement an international tracking and verification program
that meets or exceeds the minimum requirements established by
the Secretary under this subsection.
(g) Secretarial Findings.--(1) Between March 1, 1999, and
March 31, 1999, the Secretary shall, on the basis of the
research conducted before March 1, 1999, under section 304(a)
of the Marine Mammal Protection Act of 1972, information
obtained under the International Dolphin Conservation Program,
and any other relevant information, make an initial finding
regarding whether the intentional deployment on or encirclement
of dolphins with purse seine nets is having a significant
adverse impact on any depleted dolphin stock in the eastern
tropical Pacific Ocean. The initial finding shall be published
immediately in the Federal Register and shall become effective
upon a subsequent date determined by the Secretary.
(2) Between July 1, 2001, and December 31, 2002, the
Secretary shall, on the basis of the completed study conducted
under section 304(a) of the Marine Mammal Protection Act of
1972, information obtained under the International Dolphin
Conservation Program, and any other relevant information, make
a finding regarding whether the intentional deployment on or
encirclement of dolphins with purse seine nets is having a
significant adverse impact on any depleted dolphin stock in the
eastern tropical Pacific Ocean. The finding shall be published
immediately in the Federal Register and shall become effective
upon a subsequent date determined by the Secretary.
(h) Certification by Captain and Observer.--
(1) Unless otherwise required by paragraph (2), the
certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the
observer as specified in subsection (d)(2)(B)(ii) shall
be that no dolphins were killed or seriously injured
during the sets in which the tuna were caught.
(2) The certification by the captain under subsection
(d)(2)(B)(i) and the certification provided by the
observer as specified under subsection (d)(2)(B)(ii)
shall be that no tuna were caught on the trip in which
such tuna were harvested using a purse seine net
intentionally deployed on or to encircle dolphins, and
that no dolphins were killed or seriously injured
during the sets in which the tuna were caught, if the
tuna were caught on a trip commencing--
(A) before the effective date of the initial
finding by the Secretary under subsection
(g)(1);
(B) after the effective date of such initial
finding and before the effective date of the
finding of the Secretary under subsection
(g)(2), where the initial finding is that the
intentional deployment on or encirclement of
dolphins is having a significant adverse impact
on any depleted dolphin stock; or
(C) after the effective date of the finding
under subsection (g)(2), where such finding is
that the intentional deployment on or
encirclement of dolphins is having a
significant adverse impact on any such depleted
stock.
----------
NORTHERN PACIFIC HALIBUT ACT OF 1982
* * * * * * *
Sec. 7. It is unlawful--
[(a)] (1) for any person subject to the jurisdiction
of the United States--
[(1)] (A) to violate any provision of the
Convention, this Act or any regulation adopted
under this Act;
[(2)] (B) to refuse to permit any enforcement
officer to board a fishing vessel subject to
such person's control for purposes of
conducting any search, investigation, or
inspection in connection with the enforcement
of the Convention, this Act or any regulation
adopted under this Act;
[(3)] (C) to forcibly assault, resist,
oppose, impede, intimidate or interfere with
any enforcement officer in the conduct of any
search, investigation, or inspection described
in paragraph (2);
[(4)] (D) to resist a lawful arrest or
detention for any act prohibited by this
section;
[(5)] (E) to ship, transport, offer for sale,
sell, purchase, import, export or have custody,
control or possession of, any fish taken or
retained in violation of the Convention, this
Act, or any regulation adopted under this Act;
or
[(6)] (F) to interfere with, delay or
prevent, by any means, the apprehension, arrest
or detention of another person, knowing that
such person has committed any act prohibited by
this [section.] section; or
[(b)] (2) for any foreign fishing vessel, and for the
owner or operator of any foreign fishing vessel, to
engage in fishing for halibut in the fishery
conservation zone, unless such fishing is authorized
by, and conducted in accordance with the Convention,
this Act and regulations adopted under this Act.
* * * * * * *
----------
NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995
* * * * * * *
TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES
* * * * * * *
SEC. 207. PROHIBITED ACTS [AND PENALTIES] AND ENFORCEMENT.
(a) Prohibition.--It is unlawful for any person or vessel
that is subject to the jurisdiction of the United States--
(1) 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, investigation, or inspection in connection with
the enforcement of this title, any regulation issued
under this title, or any measure that is legally
binding on the United States under the Convention;
(3) forcibly to assault, resist, oppose, impede,
intimidate, or interfere with any authorized
enforcement officer in the conduct of any search,
investigation, or inspection described in paragraph
(2);
(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) Additional Prohibitions and Enforcement.--For additional
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
----------
MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT
* * * * * * *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM
* * * * * * *
SEC. 307. PROHIBITED ACTS.
It is unlawful--
(1) for any person--
(A) to violate any provision of this Act or
any regulation or permit issued pursuant to
this Act;
(B) 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;
(C) to violate any provision of, or
regulation under, an applicable governing
international fishery agreement entered into
pursuant to section 201(c);
(D) to refuse to permit any officer
authorized to enforce the provisions of this
Act (as provided for in section 311) to board a
fishing vessel subject to such person's control
for purposes of conducting any search or
inspection in connection with the enforcement
of this Act or any regulation, permit, or
agreement referred to in subparagraph (A) or
(C);
(E) to forcibly assault, resist, oppose,
impede, intimidate, or interfere with any such
authorized officer in the conduct of any search
or inspection described in subparagraph (D);
(F) to resist a lawful arrest for any act
prohibited by this section;
(G) 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
subparagraph (A) or (C);
(H) 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;
(I) to knowingly and willfully submit to a
Council, the Secretary, or the Governor of a
State false information (including, but not
limited to, 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 fishing
vessels of the United States) regarding any
matter that the Council, Secretary, or Governor
is considering in the course of carrying out
this Act;
(J) to ship, transport, offer for sale, sell,
or purchase, in interstate or foreign commerce,
any whole live lobster of the species Homarus
americanus, that--
(i) is smaller than the minimum
possession size in effect at the time
under the American Lobster Fishery
Management Plan, as implemented by
regulations published in part 649 of
title 50, Code of Federal Regulations,
or any successor to that plan
implemented under this title, or in the
absence of any such plan, is smaller
than the minimum possession size in
effect at the time under a coastal
fishery management plan for American
lobster adopted by the Atlantic States
Marine Fisheries Commission under the
Atlantic Coastal Fisheries Cooperative
Management Act (16 U.S.C. 5101 et
seq.);
(ii) is bearing eggs attached to its
abdominal appendages; or
(iii) bears evidence of the forcible
removal of extruded eggs from its
abdominal appendages;
(K) to knowingly steal, or without
authorization, to remove, damage, or tamper
with--
(i) fishing gear owned by another
person, which is located in the
exclusive economic zone, or
(ii) fish contained in such fishing
gear;
(L) to forcibly assault, resist, oppose,
impede, intimidate, sexually harass, bribe, or
interfere with any observer on a vessel under
this Act, or any data collector employed by the
National Marine Fisheries Service or under
contract to any person to carry out
responsibilities under this Act;
(M) to engage in large-scale driftnet fishing
that is subject to the jurisdiction of the
United States, including use of a fishing
vessel of the United States to engage in such
fishing beyond the exclusive economic zone of
any nation;
(N) to strip pollock of its roe and discard
the flesh of the pollock;
(O) to knowingly and willfully fail to
disclose, or to falsely disclose, any financial
interest as required under section 302(j), or
to knowingly vote on a Council decision in
violation of section 302(j)(7)(A);
(P)(i) to remove any of the fins of a shark
(including the tail) at sea;
(ii) to have custody, control, or possession
of any such fin aboard a fishing vessel unless
it is naturally attached to the corresponding
carcass;
(iii) to transfer any such fin from one
vessel to another vessel at sea, or to receive
any such fin in such transfer, without the fin
naturally attached to the corresponding
carcass; or
(iv) to land any such fin that is not
naturally attached to the corresponding
carcass, or to land any shark carcass without
such fins naturally attached;
(Q) to import, export, transport, sell,
receive, acquire, or purchase in interstate or
foreign commerce any fish taken, possessed,
transported, or sold in violation of any
foreign law or regulation or any treaty or in
contravention of any binding conservation
measure adopted by an international agreement
or organization to which the United States is a
party; or
(R) to use any fishing vessel to engage in
fishing in Federal or State waters, or on the
high seas or in the waters of another country,
after the Secretary has made a payment to the
owner of that fishing vessel under section
312(b)(2).
For purposes of subparagraph (P), there shall be a
rebuttable presumption that if any shark fin (including
the tail) is found aboard a vessel, other than a
fishing vessel, without being naturally attached to the
corresponding carcass, such fin was transferred in
violation of subparagraph (P)(iii) or that if, after
landing, the total weight of shark fins (including the
tail) landed from any vessel exceeds five percent of
the total weight of shark carcasses landed, such fins
were taken, held, or landed in violation of
subparagraph (P). In such subparagraph, the term
``naturally attached'', with respect to a shark fin,
means attached to the corresponding shark carcass
through some portion of uncut skin.
(2) for any vessel other than a vessel of the United
States, and for the owner or operator of any vessel
other than a vessel of the United States, to engage--
(A) in fishing within the boundaries of any
State, except--
(i) recreational fishing permitted
under section 201(i);
(ii) fish processing permitted under
section 306(c); or
(iii) transshipment at sea of fish or
fish products within the boundaries of
any State in accordance with a permit
approved under section 204(d);
(B) in fishing, except recreational fishing
permitted under section 201(i), within the
exclusive economic zone, or for any anadromous
species or Continental Shelf fishery resources
beyond such zone or areas, unless such fishing
is authorized by, and conducted in accordance
with, a valid and applicable permit issued
pursuant to section 204(b), (c), or (d); or
(C) except as permitted under section 306(c),
in fish processing (as defined in paragraph
(4)(A) of such section) within the internal
waters of a State (as defined in paragraph
(4)(B) of such section);
(3) for any vessel of the United States, and for the
owner or operator of any vessel of the United States,
to transfer at sea directly or indirectly, or attempt
to so transfer at sea, any United States harvested fish
to any foreign fishing vessel, while such foreign
vessel is within the exclusive economic zone or within
the boundaries of any State except to the extent that
the foreign fishing vessel has been permitted under
section 204(d) or section 306(c) to receive such fish;
(4) for any fishing vessel other than a vessel of the
United States to operate, and for the owner or operator
of a fishing vessel other than a vessel of the United
States to operate such vessel, in the exclusive
economic zone or within the boundaries of any State or
special areas, if--
(A) all fishing gear on the vessel is not
stored below deck or in an area where it is not
normally used, and not readily available, for
fishing; or
(B) all fishing gear on the vessel which is
not so stored is not secured and covered so as
to render it unusable for fishing;
unless such vessel is authorized to engage in fishing
in the area in which the vessel is operating; and
(5) for any vessel of the United States, and for the
owner or operator of any vessel of the United States,
to engage in fishing in the waters of a foreign nation
in a manner that violates an international fishery
agreement between that nation and the United States
that has been subject to Congressional oversight in the
manner described in section 203, or any regulations
issued to implement such an agreement; except that the
binding provisions of such agreement and implementing
regulations shall have been published in the Federal
Register prior to such violation.
* * * * * * *
----------
TUNA CONVENTIONS ACT OF 1950
* * * * * * *
[Sec. 2. As used in this Act, the term--
[(a) ``convention'' includes (1) the Convention for
the Establishment of an International Commission for
the Scientific Investigation of Tuna, signed at Mexico
City January 25, 1949, by the United States of America
and the United Mexican States, (2) the Convention for
the Establishment of an Inter-American Tropical Tuna
Commission, signed at Washington May 31, 1949, by the
United States of America and the Republic of Costa
Rica, or both such conventions, as the context
requires;
[(b) ``commission'' includes (1) the International
Commission for the Scientific Investigation of Tuna,
(2) the Inter-American Tropical Tuna Commission
provided for by the conventions referred to in
subsection (a) of this section, or both such
commissions, as the context requires;
[(c) ``United States Commissioners'' means the
members of the commissions referred to in subsection
(b) of this section representing the United States of
America and appointed pursuant to the terms of the
pertinent convention and section 3 of this Act;
[(d) ``person'' means every individual, partnership,
corporation, and association subject to the
jurisdiction of the United States; and
[(e) ``United States'' shall include all areas under
the sovereignty of the United States, the Trust
Territory of the Pacific Islands, and the Canal Zone.
[Sec. 3. The United States shall be represented on the two
commissions by a total of not more than four United States
Commissioners, who shall be appointed by the President, serve
as such during his pleasure, and receive no compensation for
their services as such Commissioners. Individuals serving as
such Commissioners shall not be considered to be Federal
employees while performing such service, except for purposes of
injury compensation or tort claims liability as provided in
chapter 81 of title 5, United States Code, and chapter 171 of
title 28, United States Code. Of such Commissioners--
[(a) not more than one shall be a person residing
elsewhere than in a State whose vessels maintain a
substantial fishery in the areas of the conventions;
[(b) at least one of the Commissioners who are such
legal residents shall be a person chosen from the
public at large, and who is not a salaried employee of
a State or of the Federal Government;
[(c) at least one shall be either the Administrator,
or an appropriate officer, of the National Marine
Fisheries Service; and
[(d) at least one shall be chosen from a
nongovernmental conservation organization.]
SEC. 2. DEFINITIONS.
In this Act:
(1) Antigua convention.--The term ``Antigua
Convention'' means the Convention for the Strengthening
of the Inter-American Tropical Tuna Commission
Established by the 1949 Convention Between the United
States of America and the Republic of Costa Rica,
signed at Washington, November 14, 2003.
(2) Commission.--The term ``Commission'' means the
Inter-American Tropical Tuna Commission provided for by
the Convention.
(3) Convention.--The term ``Convention'' means--
(A) the Convention for the Establishment of
an Inter-American Tropical Tuna Commission,
signed at Washington, May 31, 1949, by the
United States of America and the Republic of
Costa Rica;
(B) the Antigua Convention, upon its entry
into force for the United States, and any
amendments thereto that are in force for the
United States; or
(C) both such Conventions, as the context
requires.
(4) Person.--The term ``person'' means an individual,
partnership, corporation, or association subject to the
jurisdiction of the United States.
(5) United states.--The term ``United States''
includes all areas under the sovereignty of the United
States.
(6) United states commissioners.--The term ``United
States commissioners'' means the individuals appointed
in accordance with section 3(a).
SEC. 3. COMMISSIONERS.
(a) Commissioners.--The United States shall be represented on
the Commission by 4 United States Commissioners. The President
shall appoint individuals to serve on the Commission. The
United States Commissioners shall be subject to supervision and
removal by the Secretary of State, in consultation with the
Secretary. In making the appointments, the President shall
select United States Commissioners from among individuals who
are knowledgeable or experienced concerning highly migratory
fish stocks in the eastern tropical Pacific Ocean, one of whom
shall be an officer or employee of the Department of Commerce.
Not more than 2 United States Commissioners may be appointed
who reside in a State other than a State whose vessels maintain
a substantial fishery in the area of the Convention.
(b) Alternate Commissioners.--The Secretary of State, in
consultation with the Secretary, may designate from time to
time and for periods of time deemed appropriate Alternate
United States Commissioners to the Commission. Any Alternate
United States Commissioner may exercise, at any meeting of the
Commission or of the General Advisory Committee or Scientific
Advisory Subcommittee established pursuant to section 4(b), all
powers and duties of a United States Commissioner in the
absence of any United States Commissioner appointed pursuant to
subsection (a) of this section for whatever reason. The number
of such Alternate United States Commissioners that may be
designated for any such meeting shall be limited to the number
of United States Commissioners appointed pursuant to subsection
(a) of this section who will not be present at such meeting.
(c) Administrative Matters.--
(1) Employment status.--Individuals serving as United
States Commissioners, other than officers or employees
of the United States Government, shall not be
considered Federal employees except for the purposes of
injury compensation or tort claims liability as
provided in chapter 81 of title 5, United States Code,
and chapter 171 of title 28, United States Code.
(2) Compensation.--The United States Commissioners or
Alternate Commissioners, although officers of the
United States while so serving, shall receive no
compensation for their services as United States
Commissioners or Alternate Commissioners.
(3) Travel expenses.--
(A) The Secretary of State shall pay the
necessary travel expenses of United States
Commissioners and Alternate United States
Commissioners to meetings of the Inter-American
Tropical Tuna Commission and other meetings the
Secretary of State deems necessary to fulfill
their duties, in accordance with the Federal
Travel Regulations and sections 5701, 5702,
5704 through 5708, and 5731 of title 5, United
States Code.
(B) The Secretary may reimburse the Secretary
of State for amounts expended by the Secretary
of State under this subsection.
SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY
SUBCOMMITTEE.
[(a) Appointments; Public Participation; Compensation.--The
Secretary, in consultation with the United States
Commissioners, shall--
[(1) appoint a General Advisory Committee which shall
be composed of not less than 5 nor more than 15 persons
with balanced representation from the various groups
participating in the fisheries included under the
conventions, and from nongovernmental conservation
organizations;
[(2) appoint a Scientific Advisory Subcommittee which
shall be composed of not less than 5 nor more than 15
qualified scientists with balanced representation from
the public and private sectors, including
nongovernmental conservation organizations;
[(3) establish procedures to provide for appropriate
public participation and public meetings and to provide
for the confidentiality of confidential business data;
and
[(4) fix the terms of office of the members of the
General Advisory Committee and Scientific Advisory
Subcommittee, who shall receive no compensation for
their services as such members.]
(a) General Advisory Committee.--
(1) Appointments; public participation;
compensation.--
(A) The Secretary, in consultation with the
Secretary of State, shall appoint a General
Advisory Committee which shall consist of not
more than 25 individuals who shall be
representative of the various groups concerned
with the fisheries covered by the Convention,
including nongovernmental conservation
organizations, providing to the maximum extent
practicable an equitable balance among such
groups. Members of the General Advisory
Committee will be eligible to participate as
members of the United States delegation to the
Commission and its working groups to the extent
the Commission rules and space for delegations
allow.
(B) The chair of the Pacific Fishery
Management Council's Advisory Subpanel for
Highly Migratory Fisheries and the chair of the
Western Pacific Fishery Management Council's
Advisory Committee shall be ex-officio members
of the General Advisory Committee by virtue of
their positions in those Councils.
(C) Each member of the General Advisory
Committee appointed under subparagraph (A)
shall serve for a term of 3 years and is
eligible for reappointment.
(D) The General Advisory Committee shall be
invited to attend all non-executive meetings of
the United States delegation and at such
meetings shall be given opportunity to examine
and to be heard on all proposed programs of
investigation, reports, recommendations, and
regulations of the Commission.
(E) The General Advisory Committee shall
determine its organization, and prescribe its
practices and procedures for carrying out its
functions under this title, the Magnuson-
Stevens Fishery Conservation and Management Act
(16 U.S.C. 1801 et seq.), and the Convention.
The General Advisory Committee shall publish
and make available to the public a statement of
its organization, practices and procedures.
Meetings of the General Advisory Committee,
except when in executive session, shall be open
to the public, and prior notice of meetings
shall be made public in timely fashion. The
General Advisory Committee shall not be subject
to the Federal Advisory Committee Act (5 U.S.C.
App.).
(2) Information sharing.--The Secretary and the
Secretary of State shall furnish the General Advisory
Committee with relevant information concerning
fisheries and international fishery agreements.
(3) Administrative matters.--
(A) The Secretary shall provide to the
General Advisory Committee in a timely manner
such administrative and technical support
services as are necessary for its effective
functioning.
(B) Individuals appointed to serve as a
member of the General Advisory Committee--
(i) shall serve without pay, but
while away from their homes or regular
places of business to attend meetings
of the General Advisory Committee shall
be allowed travel expenses, including
per diem in lieu of subsistence, in the
same manner as persons employed
intermittently in the Government
service are allowed expenses under
section 5703 of title 5, United States
Code; and
(ii) shall not be considered Federal
employees except for the purposes of
injury compensation or tort claims
liability as provided in chapter 81 of
title 5, United States Code, and
chapter 171 of title 28, United States
Code.
[(b) 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.
[(2) Scientific Advisory Subcommittee.--]
(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.
(2) Functions.--
(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. (a) The Secretary of State is authorized to approve
or disapprove, on behalf of the United States Government,
bylaws and rules, or amendments thereof, adopted by each
commission and submitted for approval of the United States
Government in accordance with the provisions of the
conventions, and, with the concurrence of the Secretary of the
Interior,, to approve or disapprove the general annual programs
of the commissions. The Secretary of State is further
authorized to receive, on behalf of the United States
Government, reports, requests, recommendations, and other
communications of the commissions, and to take appropriate
action thereon either directly or by reference to the
appropriate authority.
[(b) Regulations recommended by each commission pursuant to
the convention requiring the submission to the commission of
records of operations by boat captains or other persons who
participate in the fisheries covered by the convention, upon
the concurrent approval of the Secretary of State and the
Secretary of the Interior,, shall be promulgated by the latter
and upon publication in the Federal Register, shall be
applicable to all vessels and persons subject to the
jurisdiction of the United States.
[(c) Regulations required to carry out recommendations of the
commission made pursuant to paragraph 5 of article II of the
Convention for the Establishment of an Inter-American Tropical
Tuna Commission shall be promulgated as hereinafter provided by
the Secretary of the Interior upon approval of such
recommendations by the Secretary of State and the Secretary of
the Interior. The Secretary of the Interior shall cause to be
published in the Federal Register a general notice of proposed
rulemaking and shall afford interested persons an opportunity
to participate in the rulemaking through (1) submission of
written data, views, or arguments, and (2) oral presentation at
a public hearing. Such regulations shall be published in the
Federal Register and shall be accompanied by a statement of the
considerations involved in the issuance of the regulations.
After publication in the Federal Register such regulations
shall be applicable to all vessels and persons subject to the
jurisdiction of the United States on such date as the Secretary
of the Interior shall prescribe, but in no event prior to an
agreed date for the application by all countries whose vessels
engage in fishing for species covered by the convention in the
regulatory area on a meaningful scale, in terms of effect upon
the success of the conservation program, of effective measures
for the implementation of the commission's recommendations
applicable to all vessels and persons subject to their
respective jurisdictions. The Secretary of the Interior shall
suspend at any time the application of any such regulations
when, after consultation with the Secretary of State and the
United States Commissioners, he determines that foreign fishing
operations in the regulatory area are such as to constitute a
serious threat to the achievement of the objectives of the
commission's recommendations. The regulations thus promulgated
may include the selection for regulation of one or more of the
species covered by the convention; the division of the
convention waters into areas; the establishment of one or more
open or closed seasons as to each area; the limitation of the
size of the fish and quantity of the catch which may be taken
from each area within any season during which fishing is
allowed; the limitation or prohibition of the incidental catch
of a regulated species which may be retained, taken, possessed,
or landed by vessels or persons fishing for other species of
fish; the requiring of such clearance certificates for vessels
as may be necessary to carry out the purposes of the convention
and this Act; and such other measures incidental thereto as the
Secretary of the Interior may deem necessary to implement the
recommendations of the commission: Provided, That upon the
promulgation of any such regulations the Secretary of the
Interior shall promulgate additional regulations, with the
concurrence of the Secretary of State, which shall become
effective simultaneously with the application of the
regulations hereinbefore referred to (1) to prohibit the entry
into the United States, from any country when the vessels of
such country are being used in the conduct of fishing
operations in the regulatory area in such manner or in such
circumstances as would tend to diminish the effectiveness of
the conservation recommendations of the commission, of fish in
any form of those species which are subject to regulation
pursuant to a recommendation of the commission and which were
taken from the regulatory area; and (2) to prohibit entry into
the United States, from any country, of fish in any form of
those species which are subject to regulation pursuant to a
recommendation of the commission and which were taken from the
regulatory area by vessels other than those of such country in
such manner or in such circumstances as would tend to diminish
the effectiveness of the conservation recommendations of the
commission. In the case of repeated and flagrant fishing
operations in the regulatory area by the vessels of any country
which seriously threaten the achievement of the objectives of
the commission's recommendations, the Secretary of the
Interior, with the concurrence of the Secretary of State, may,
in his discretion, also prohibit the entry from such country of
such other species of tuna, in any form, as may be under
investigation by the commission and which were taken in the
regulatory area. The aforesaid prohibitions shall continue
until the Secretary of the Interior is satisfied that the
condition warranting the prohibition no longer exists, except
that all fish in any form of the species under regulation which
were previously prohibited from entry shall continue to be
prohibited from entry.]
SEC. 6. RULEMAKING.
(a) Regulations.--The Secretary, in consultation with the
Secretary of State and, with respect to enforcement measures,
the Secretary of the Department in which the Coast Guard is
operating, may promulgate such regulations as may be necessary
to carry out the United States international obligations under
the Convention and this Act, including recommendations and
decisions adopted by the Commission. In cases where the
Secretary has discretion in the implementation of one or more
measures adopted by the Commission that would govern fisheries
under the authority of a Regional Fishery Management Council,
the Secretary may, to the extent practicable within the
implementation schedule of the Convention and any
recommendations and decisions adopted by the Commission,
promulgate such regulations as may be necessary to carry out
the United States international obligations under the
Convention and this Act, in accordance with the procedures
established by the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.).
(b) Jurisdiction.--The Secretary may promulgate regulations
as may be necessary to carry out the United States
international obligations under the Convention and this Act,
applicable to all vessels and persons subject to the
jurisdiction of the United States, including United States flag
vessels wherever they may be operating, on such date as the
Secretary shall prescribe.
* * * * * * *
Sec. 8. (a) It shall be unlawful for any master or other
person in charge of a fishing vessel of the United States to
engage in fishing in violation of any regulation adopted
pursuant to [section 6(c) of this Act] section 6, or for any
person knowingly to ship, transport, purchase, sell, offer for
sale, import, export, or have in custody, possession, or
control any fish taken or retained in violation of such
regulations.
(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] section 6, from any country, any fish in any form
of those species subject to regulation pursuant to a
recommendation of the commission, or any tuna in any form not
under regulation but under investigation by the commission,
during the period such fish have been denied entry in
accordance with the provisions of [section 6(c) of this Act]
section 6. In the case of any fish as described in this
subsection offered for entry into the United States, the
Secretary of the Interior shall require proof satisfactory to
him that such fish is not ineligible for such entry under the
terms of [section 6(c) of this Act] section 6.
(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.
(i) Additional Prohibitions and Enforcement.--For
prohibitions relating to this Act and enforcement of this Act,
see section 606 of the High Seas Driftnet Fishing Moratorium
Protection Act (16 U.S.C. 1826g).
* * * * * * *
[Sec. 10. (a) The judges of the United States district courts
and United States commissioners may, within their respective
jurisdictions, upon proper oath or affirmation showing probable
cause, issue such warrants or other process as may be required
for enforcement of this Act and the regulations issued pursuant
thereto.
[(b) Enforcement of the provisions of this Act and the
regulations issued pursuant thereto shall be the joint
responsibility of the United States Coast Guard, the United
States Department of the Interior, and the United States Bureau
of Customs. In addition, the Secretary of the Interior may
designate officers and employees of the States of the United
States, of the Commonwealth of Puerto Rico, and of American
Samoa to carry out enforcement activities hereunder. When so
designated, such officers and employees are authorized to
function as Federal law enforcement agents for these purposes.
[(c) Any person authorized to carry out enforcement
activities hereunder shall have the power to execute any
warrant or process issued by any officer or court of competent
jurisdiction for the enforcement of this Act.
[(d) Such person so authorized shall have the power--
[(1) with or without a warrant or other process, to
arrest any persons subject to the jurisdiction of the
United States at any place within the jurisdiction of
the United States committing in his presence or view a
violation of this Act or the regulations issued
thereunder;
[(2) with or without a warrant or other process, to
search any vessel subject to the jurisdiction of the
United States, and, if as a result of such search he
has reasonable cause to believe that such vessel or any
person on board is engaging in operations in violation
of the provisions of this Act or the regulations issued
thereunder, then to arrest such person.
[(e) Such person so authorized may seize, whenever and
wherever lawfully found, all fish taken or retained in
violation of the provisions of this Act or the regulations
issued pursuant thereto. Any fish so seized may be disposed of
pursuant to the order of a court of competent jurisdiction,
pursuant to the provisions of subsection (f) of this section
or, if perishable, in a manner prescribed by regulations of the
Secretary of the Interior.
[(f) Notwithstanding the provisions of section 2464 of title
28 of the United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshal or other officer shall stay the execution of such
process, or discharge any fish seized if the process has been
levied, on receiving from the claimant of the fish a bond or
stipulation for the value of the property with sufficient
surety to be approved by a judge of the district court having
jurisdiction of the offense, conditioned to deliver the fish
seized, if condemned, without impairment in value or, in the
discretion of the court, to pay its equivalent value in money
or otherwise to answer the decree of the court in such cause.
Such bond or stipulation shall be returned to the court and
judgment thereon against both the principal and sureties may be
recovered in event of any breach of the conditions thereof as
determined by the court. In the discretion of the accused, and
subject to the direction of the court, the fish may be sold for
not less than its reasonable market value and the proceeds of
such sale placed in the registry of the court pending judgment
in the case.]
SEC. 10. ENFORCEMENT.
For enforcement of this Act, see section 606 of the High Seas
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
* * * * * * *
SEC. 15. REDUCTION OF BYCATCH IN THE EASTERN TROPICAL PACIFIC OCEAN.
The Secretary of State, in consultation with the Secretary
of Commerce and acting through the United States Commissioners,
shall seek, in cooperation with other nations whose [vessel]
vessels fish for tuna in the eastern tropical Pacific Ocean, to
establish standards and measures for a bycatch reduction
program for vessels fishing for yellowfin tuna in the eastern
tropical Pacific Ocean. The bycatch reduction program shall
include measures--
(1) 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
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled, [That this
Act may be cited as the ``Eastern Pacific Tuna Licensing Act of
1984''.]
[SEC. 2. DEFINITIONS
[As used in this Act--
[(1) The term ``Agreement'' means the Eastern Pacific
Ocean Tuna Fishing Agreement, signed in San Jose, Costa
Rica, March 15, 1983.
[(2) The term ``Agreement Area'' means the area
within a perimeter determined as follows: From the
point on the mainland where the parallel of 40 degrees
north latitude intersects the coast westward along the
parallel of 40 degrees north latitude to 40 degrees
north latitude by 125 degrees west longitude, thence
southerly along the meridian of 125 degrees west
longitude to 20 degrees north latitude by 125 degrees
west longitude, thence easterly along the parallel of
20 degrees north latitude to 20 degrees north latitude
by 120 degrees west longitude, thence southerly along
the meridian of 120 degrees west longitude to 5 degrees
north latitude by 120 degrees west longitude, thence
easterly along the parallel of 5 degrees north latitude
to 5 degrees north latitude by 110 degrees west
longitude, thence southerly along the meridian of 110
degrees west longitude to 10 degrees south latitude by
110 degrees west longitude, thence easterly along the
parallel of 10 degrees south latitude to 10 degrees
south latitude by 90 degrees west longitude, thence
southerly along the meridian of 90 degrees west
longitude to 30 degrees south latitude by 90 degrees
west longitude, thence easterly along the parallel of
30 degrees south latitude to the point on the mainland
where the parallel intersects the coast; but the
Agreement Area does not include the zones within twelve
nautical miles of the baseline from which the breadth
of territorial sea is measured and the zones within two
hundred nautical miles of the baselines of Coastal
States not signatories to the Agreement, measured from
the same baseline.
[(3) The term ``designated species of tuna'' means
yellowfin tuna, Thunnus albacares (Bonnaterre, 1788);
bigeye tuna, Thunnus obesus (Lowe, 1839); albacore
tuna, Thunnus alalunga (Bonnaterre, 1788); northern
bluefin tuna, Thunnus thynnus (Linnaeus, 1758);
southern bluefin tuna, Thunnus maccoyil (Castelnau,
1872); skipjack tuna, Katsuwonus pelamis (Linnaeus
1578); black skipjack, Euthynnus Lineatus (Kishinouye
1920); kawakawa, Euthynnus affinis (Cantor, 1849);
bullet tuna, Auxis rochei (Risso, 1810), frigate tuna,
Ausix thazard (Lacepede, 1800); eastern Pacific bonito,
Sarda chiliensis (Cuvier in Cuvier and Valenciennes,
1831); and Indo-Pacific bonito, Sarda orientalis
(Temminck and Schlegel, 1844).
[(4) The term ``Council'' means the body consisting
of the representatives from each Contracting Party to
the Agreement which is a Coastal State of the eastern
Pacific Ocean or a member of the Inter-American
Tropical Tuna Commission at the time of entry into
force of the Agreement.
[SEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL.
[(a) The Secretary of State--
[(1) shall appoint a United States representative to
the Council; and
[(2) may appoint not more than three alternate United
States representatives to the Council.
[(b) An individual is not eligible for appointment as, or to
serve as, the United States representative under subsection
(a)(1) unless the individual is an officer or employee of the
United States Government.
[(c) An individual is not entitled to compensation for
serving as the United States representative or an alternate
United States representative.
[(d) While away from home or a regular place of business in
the performance of service as the United States representative
or an alternate United States representative, an individual is
entitled to travel expenses, including per diem in lieu of
subsistence, in the same manner as individuals employed
intermittently in Government service are allowed expenses under
section 5703(b) of title 5 of the United States Code.
[SEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES.
[The Secretary of State shall receive, on behalf of the
United States Government, reports, requests, recommendations
and other communications of the Council, and, in consultation
with the Secretary of Commerce, shall act directly thereon or
by reference to the appropriate authorities.
[SEC. 5. APPLICATION TO OTHER LAWS.
[(a) Notwithstanding section 4 of the Fishermen's Protective
Act of 1967 (22 U.S.C. 1874), such Act applies with respect to
a seizure by a Contracting Party to the Agreement of a vessel
of the United States within the Agreement Area for violation of
the Agreement if the Secretary of State determines that the
violation is not of such seriousness as to diminish the
effectiveness of the Agreement.
[(b) The seizure by a Contracting Party to the Agreement of a
vessel of the United States shall not be considered to be a
seizure described in section 205(a)(4)(C) of the Magnuson
Fishery Conservation and Management Act (16 U.S.C.
1825(a)(4)(C)) if the seizure is consistent with the Agreement.
[SEC. 6. DISPOSITION OF FEES.
[All fees accruing to the United States under Article III of
the Agreement shall be deposited into the Treasury of the
United States.
[SEC. 7. REGULATIONS.
[The Secretary of Commerce, in cooperation with the Secretary
of State and the Secretary of the department in which the Coast
Guard is operating, shall issue such regulations as may be
necessary to carry out the purposes and objectives of the
Agreement and this Act. Regulations may be made applicable as
necessary to all persons and vessels subject to the
jurisdiction of the United States, wherever located.
Regulations concerning the conservation of a designated species
of tuna may be issued only to implement conservation
recommendations made by the Council under Article 3(D) of the
Agreement.
[SEC. 8. PROHIBITED ACTS.
[(a) It is unlawful for any person subject to the
jurisdiction of the United States--
[(1) to engage in fishing for a designated species of
tuna within the Agreement Area unless issued a license
under the Agreement authorizing such fishing;
[(2) to engage in fishing for a designated species of
tuna within the Agreement area in contravention of
regulations promulgated by the Secretary of Commerce
under the Agreement;
[(3) knowingly to ship, transport, purchase, sell,
offer for sale, export, or have in custody, possession,
or control any designated species of tuna taken or
retained in violation of regulations issued under
section 7;
[(4) to fail to make, keep, or furnish any catch
return, statistical record, or other report required by
regulations issued under section 7;
[(5) being a person in charge of a vessel of the
United States, to fail to stop upon being hailed by an
authorized official of the United States, or to refuse
to permit officials of the United States to board the
vessel or inspect its catch, equipment, books,
documents, records, or other articles, or to question
individuals on board; or
[(6) to import from any country, in violation of any
regulation issued under section 7, any designated
species of tuna.
[(b) Any person who is convicted of violating--
[(1) subsection (a)(1), (a)(2), or (a)(3) shall be
fined or assessed a civil penalty not more than
$25,000, and for a subsequent violation shall be fined
or assessed a civil penalty not more than $50,000;
[(2) subsection (a)(4) or (a)(5) shall be fined or
assessed a civil penalty not more than $5,000, and for
a subsequent violation shall be fined or assessed a
civil penalty not more than $5,000; or
[(3) subsection (a)(6) shall be fined or assessed a
civil penalty not more than $100,000.
[(c) All designated species of tuna taken or retained in
violation of subsection (a) (1), (2), (3), or (6), or the
monetary value thereof, is subject to forfeiture.
[(d) All provisions of law relating to the seizure, judicial
forfeiture, and condemnation of a cargo for violation of the
customs laws, the disposition of such cargo or the proceeds
from the sale thereof, and the remission or mitigation of such
forfeitures shall apply to seizures and forfeitures incurred,
or alleged to have been incurred, under this Act, insofar as
such provisions of law are applicable and not inconsistent with
the provisions of this Act.
[SEC. 9. ENFORCEMENT.
[(a) The judges of the United States district courts and
United States magistrates may, within their respective
jurisdictions, upon proper oath or affirmation showing probable
cause, issue such warrants or other process as may be required
for enforcement of this Act and the regulations issued under
section 7.
[(b) The enforcement of this Act and the regulations issued
under section 7 shall be the joint responsibility of the
department in which the Coast Guard is operating, the
Department of Commerce, and the United States Customs Service.
In addition, the Secretary of Commerce may designate officers
and employees of the States of the United States, of the
Commonwealth of Puerto Rico, and of American Samoa to carry out
enforcement activities under this section. When so designated,
such officers and employees may function as Federal law
enforcement agents for these purposes.
[(c) An individual authorized to carry out enforcement
activities under this section has power to execute any warrant
or process issued by any officer or court of competent
jurisdiction for the enforcement of this Act.
[(d) An individual so authorized to carry out enforcement
activities under this section has power--
[(1) with or without a warrant or other process, to
arrest any person subject to the jurisdiction of the
United States at any place within the jurisdiction of
the United States committing in his presence or view a
violation of this Act or the regulations issued under
section 7;
[(2) with or without a warrant or other process, to
search any vessel subject to the jurisdiction of the
United States, and, if, as a result of the search he
has reasonable cause to believe that such vessel or any
individual on board is engaging in operations in
violation of this Act or any regulation issued
thereunder to arrest such person.
[(e) An individual authorized to enforce this Act may seize,
whenever or wherever lawfully found, all species of designated
tuna taken or retained in violation of this Act or the
regulations issued under section 7. Any species to seized may
be disposed of pursuant to the order of a court of competent
jurisdiction, under subsection (f) of this section or, if
perishable, in a manner prescribed by regulations of the
Secretary of Commerce.
[(f) Notwithstanding the provisions of section 2464 of title
28, United States Code, when a warrant of arrest or other
process in rem is issued in any cause under this section, the
marshal or other officer shall stay the execution of such
process, or discharge any species of designated tuna seized if
the process has been levied, on receiving from the claimant of
the species a bond or stipulation for the value of the property
with sufficient surety to be approved by a judge of the
district court having jurisdiction of the offense, conditioned
to deliver the species seized, if condemned, without impairment
in value or, in the discretion of the court, to pay its
equivalent value in money or otherwise to answer the decree of
the court in such cause. Such bond or stipulation shall be
returned to the court and judgment thereon against both the
principal and sureties may be recovered in event of any breach
of the conditions thereof as determined by the court. In the
discretion of the accused, and subject to the direction of the
court, the species may be sold for not less than its reasonable
market value and the proceeds of such sale placed in the
registry of the court pending judgment in the case.
[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.
[There are authorized to be appropriated for fiscal years
after fiscal year 1984 such sums as may be necessary to carry
out this Act.]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
ADDITIONAL VIEWS
The United States demonstrates strong leadership in
sustainable management of fisheries, both nationally and
internationally. The National Oceanic and Atmospheric
Administration (NOAA) recently reported that no federally-
managed fisheries are subject to overfishing. However, that is
not the case for many stocks managed by other nations, as well
as those managed by several countries through regional fishery
management organizations (RFMOs). Over seventy percent of major
global marine fish stocks are fully exploited, overexploited,
depleted, or recovering from depletion, driven in part by the
persistence of illegal, unreported, and unregulated (IUU)
fishing.
The umbrella term IUU fishing covers illegal fishing, which
takes place when vessels operate in violation of the laws of a
fishery, such as those under the jurisdiction of a coastal
state or those regulated by RFM0s. It also covers unreported
fishing, which is fishing that is not reported or is
misreported when such reporting is required by the relevant
national authority or RFMO. Finally, it covers unregulated
fishing, which is fishing by vessels without nationality or
vessels flying the flag of a country not party to the relevant
RFMO.
While it is difficult to track IUU fishing, it is estimated
to have a global value of $10 to $23.5 billion, representing
between 11 and 26 million tons of fish. Not only does this kind
of fishing harm marine ecosystems and deplete fish stocks
around the world, it also causes significant economic harm to
U.S. fishermen. For example, the $700 million worth of king
crab harvested illegally from Russian waters alone undercuts
the prices Alaskan king crab fishermen get for their catch,
hurting the bottom line of a fishery that has become a model
for sustainable harvest. IUU fishing on highly migratory stocks
like tuna leaves fewer fish in the water for U.S. fishermen who
play by the rules, and frustrates our efforts to manage far-
ranging stocks responsibly. If stocks fail to recover,
additional restrictions may be placed on U.S. fishermen,
forcing economic losses and undermining confidence in the
fairness of the management system.
In addition to depressing job opportunities and income in
the U.S. fishing industry, IUU fishing poses a threat to our
national security. A 2011 report issued by the United Nations
Office on Drugs and Crime documented the link between illegal
fishing and transnational organized crime including human
trafficking, drug smuggling, gun running, terrorism, and even
slave labor.\1\
---------------------------------------------------------------------------
\1\United Nations Office on Drugs and Crime 2011 report
Transnational Organized Crime in the Fishing Industry. Available at
http://www.unodc.org/documents/human-trafficking/Issue_Paper_-
_TOC_in_the_Fishing_Industry.pdf.
---------------------------------------------------------------------------
Especially given that 91 percent of seafood consumed in the
United States is imported, it is critical to ensure that the
purchases of unsuspecting Americans are not supporting these
activities.
The 2006 Magnuson-Stevens Reauthorization Act (MSRA)
contained provisions to amend the High Seas Driftnet Fishing
Moratorium Protection Act (HSDFMPA) designed to strengthen
controls on IUU fishing on the high seas (i.e., areas outside
of nations' EEZs), but these provisions did not address IUU
fishing in many other ocean areas governed by RFM0s. H.R. 774
brings penalties for IUU fishing under a number of RFMOs up to
Magnuson-Stevens Act standards, expands NOAA's authority to
identify and take action against vessels and countries involved
in IUU fishing, and increases cooperation with other countries
to combat IUU fishing that negatively impacts U.S. fishermen
and consumers.
H.R. 774 also includes language that would implement the
Agreement on Port State Measures to Prevent, Deter, and
Eliminate Illegal, Unreported, and Unregulated Fishing (PSMA).
The United States negotiated and signed PSMA in 2009, and it
will enter into force when 25 countries have ratified it. While
the Senate ratified the PSMA in April 2014, in order for it to
be effective in U.S. ports and for the Agreement to be
considered ratified by the other parties, Congress must pass
implementing legislation directing Federal agencies to carry
out our obligations. Those obligations include requiring
foreign vessels to provide notice of their intent to enter a
U.S. port, denial of port entry or port services to foreign
vessels engaged in IUU fishing, inspection of foreign vessels
in U.S. ports to ensure compliance, and assisting other nations
in implementing the Agreement. Implementing PSMA would support
U.S. actions to deny port services to vessels engaged in IUU
fishing, and would set an example for other countries to
follow: if catch cannot be landed, it cannot be sold, and
therefore has no value.
H.R. 774 has broad bipartisan support and represents a
significant step toward addressing the global problem of IUU
fishing. We understand that NOAA has requested additional
enforcement authorities, and we encourage NOAA to report on any
instances in which enhanced tools would have led to greater
conservation gains or stopped criminal activity. We believe
changes made by this bill will greatly improve the efficiency
and effectiveness of ongoing efforts, and will further solidify
the United States' position as a global leader in sustainable
fisheries management and in fighting natural resources crime.
Raul M. Grijalva,
Ranking Member, Committee on
Natural Resources.
Madeleine Z. Bordallo,
Member of Congress.
[all]