[House Report 118-429]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                          HOUSE OF REPRESENTATIVES
 2d Session      }                                      {      118-429

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

 
                 SOUTH PACIFIC TUNA TREATY ACT OF 2023

                                _______
                                

 March 21, 2024.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 1792]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 1792) to amend the South Pacific Tuna Act of 
1988, and for other purposes, having considered the same, 
reports favorably thereon with an amendment and recommends that 
the bill as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``South Pacific Tuna 
Treaty Act of 2023''.
  (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of South Pacific Tuna Act of 1988.
Sec. 3. Definitions.
Sec. 4. Prohibited acts.
Sec. 5. Exceptions.
Sec. 6. Criminal offenses.
Sec. 7. Civil penalties.
Sec. 8. Licenses.
Sec. 9. Enforcement.
Sec. 10. Findings by Secretary.
Sec. 11. Reporting requirements; disclosure of information.
Sec. 12. Closed Area stowage requirements.
Sec. 13. Observers.
Sec. 14. Technical assistance.
Sec. 15. Arbitration.
Sec. 16. Disposition of fees, penalties, forfeitures, and other moneys.
Sec. 17. Additional agreements.

SEC. 2. AMENDMENT OF SOUTH PACIFIC TUNA ACT OF 1988.

   Except as otherwise expressly provided, wherever in this Act 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 South Pacific Tuna Act 
of 1988 (16 U.S.C. 973 et seq.).

SEC. 3. DEFINITIONS.

  (a) Applicable National Law.--Section 2(4) (16 U.S.C. 973(4)) is 
amended by striking ``described in paragraph 1(a) of Annex I of'' and 
inserting ``noticed and in effect in accordance with''.
  (b) Closed Area.--Section 2(5) (16 U.S.C. 973(5)) is amended by 
striking ``of the closed areas identified in Schedule 2 of Annex I of'' 
and inserting ``area within the jurisdiction of a Pacific Island Party 
that is closed to vessels pursuant to a national law of that Pacific 
Island Party and is noticed and in effect in accordance with''.
  (c) Fishing.--Section 2(6) (16 U.S.C. 973(6)) is amended--
          (1) in subparagraph (C), by inserting ``for any purpose'' 
        after ``harvesting of fish''; and
          (2) by amending subparagraph (F) to read as follows:
                  ``(F) use of any other vessel, vehicle, aircraft, or 
                hovercraft, for any activity described in this 
                paragraph except for emergencies involving the health 
                or safety of the crew or the safety of a vessel.''.
  (d) Fishing Vessel.--Section 2(7) (16 U.S.C. 973(7)) is amended by 
striking ``commercial fishing'' and inserting ``commercial purse seine 
fishing for tuna''.
  (e) Licensing Area.--Section 2(8) (16 U.S.C. 973(8)) is amended by 
striking ``in the Treaty Area'' and all that follows and inserting 
``under the jurisdiction of a Pacific Island Party, except for internal 
waters, territorial seas, archipelagic waters, and any Closed Area.''.
  (f) Limited Area; Party; Treaty Area.--Section 2 (16 U.S.C. 973) is 
amended--
          (1) by striking paragraphs (10), (13), and (18);
          (2) by redesignating paragraphs (11) and (12) as paragraphs 
        (10) and (11), respectively;
          (3) by redesignating paragraph (14) as paragraph (12); and
          (4) by redesignating paragraphs (15) through (17) as 
        paragraphs (14) through (16), respectively.
  (g) Regional Terms and Conditions.--Section 2 (16 U.S.C. 973) is 
amended by inserting after paragraph (12), as so redesignated, the 
following:
          ``(13) The term `regional terms and conditions' means any of 
        the terms or conditions attached by the Administrator to the 
        license issued by the Administrator, as notified by the 
        Secretary.''.

SEC. 4. PROHIBITED ACTS.

  (a) In General.--Section 5(a) (16 U.S.C. 973c(a)) is amended--
          (1) by striking ``Except as provided in section 6 of this 
        Act, it'' at the beginning and inserting ``It'';
          (2) by striking paragraphs (3) and (4);
          (3) by redesignating paragraphs (5) through (13) as 
        paragraphs (3) through (11), respectively;
          (4) in paragraph (3), as so redesignated, by inserting ``, 
        except in accordance with an agreement pursuant to the Treaty'' 
        after ``Closed Area'';
          (5) in paragraph (10), as so redesignated, by striking ``or'' 
        at the end;
          (6) in paragraph (11), as so redesignated, by striking the 
        period at the end and inserting a semicolon; and
          (7) by adding at the end the following:
          ``(12) to violate any of the regional terms and conditions; 
        or
          ``(13) to violate any limit on authorized fishing effort or 
        catch.''.
  (b) In the Licensing Area.--Section 5(b) (16 U.S.C. 973c(b)) is 
amended--
          (1) by striking ``Except as provided in section 6 of this 
        Act, it'' and inserting ``It'';
          (2) by striking paragraph (5); and
          (3) by redesignating paragraphs (6) and (7) as paragraphs (5) 
        and (6), respectively.

SEC. 5. EXCEPTIONS.

  Section 6 (16 U.S.C. 973d) is repealed.

SEC. 6. CRIMINAL OFFENSES.

  Section 7(a) (16 U.S.C. 973e(a)) is amended by striking ``section 
5(a) (8), (10), (11), or (12)'' and inserting ``paragraphs (6), (8), 
(9), or (10) of section 5(a)''.

SEC. 7. CIVIL PENALTIES.

  (a) Determination of Liability; Amount; Participation by Secretary of 
State in Assessment Proceeding.--Section 8(a) (16 U.S.C. 973f(a)) is 
amended--
          (1) by striking ``Code'' after ``liable to the United 
        States''; and
          (2) by striking ``Except for those acts prohibited by section 
        5(a) (4), (5), (7), (8), (10), (11), and (12), and section 5(b) 
        (1), (2), (3), and (7) of this Act, the'' and inserting 
        ``The''.
  (b) Waiver of Referral to Attorney General.--Section 8(g) (16 U.S.C. 
973f(g)) is amended--
          (1) by striking ``section 5(a)(1), (2), (3), (4), (5), (6), 
        (7), (8), (9), or (13)'' and inserting ``paragraphs (1), (2), 
        (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)''; 
        and
          (2) in paragraph (2), by striking ``, all Limited Areas 
        closed to fishing,'' after ``outside of the Licensing Area''.

SEC. 8. LICENSES.

  (a) Forwarding and Transmittal of Vessel License Application.--
Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
  ``(b) In accordance with subsection (e), and except as provided in 
subsection (f), the Secretary shall forward a vessel license 
application to the Administrator whenever such application is in 
accordance with application procedures established by the Secretary.''.
  (b) Fees and Schedules.--Section 9(c) (16 U.S.C. 973g(c)) is amended 
to read as follows:
  ``(c) Fees required under the Treaty shall be paid in accordance with 
the Treaty and any procedures established by the Secretary.''.
  (c) Minimum Fees Required to Be Received in Initial Year of 
Implementation for Forwarding and Transmittal of License 
Applications.--Section 9 (16 U.S.C. 973g) is amended--
          (1) by striking subsection (f);
          (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively;
          (3) by amending subsection (f), as so redesignated, to read 
        as follows:
  ``(f) The Secretary, in consultation with the Secretary of State, may 
determine that a license application should not be forwarded to the 
Administrator if--
          ``(1) the application is not in accordance with the Treaty or 
        the procedures established by the Secretary; or
          ``(2) the owner or charterer--
                  ``(A) is the subject of proceedings under the 
                bankruptcy laws of the United States, unless reasonable 
                financial assurances have been provided to the 
                Secretary;
                  ``(B) has not established to the satisfaction of the 
                Secretary that the fishing vessel is fully insured 
                against all risks and liabilities normally provided in 
                maritime liability insurance; or
                  ``(C) has not paid any penalty which has become 
                final, assessed by the Secretary in accordance with 
                this Act.''; and
          (4) in subsection (g), as so redesignated--
                  (A) by amending paragraph (1) to read as follows:
          ``(1) chapter 12113 of title 46, United States Code;'';
                  (B) in paragraph (2), by inserting ``of 1972'' after 
                ``Marine Mammal Protection Act'';
                  (C) in paragraph (3), by inserting ``of 1972'' after 
                ``Marine Mammal Protection Act''; and
                  (D) in the matter that follows paragraph (3), by 
                striking ``any vessel documented'' and all that follows 
                and inserting the following:
``any vessel documented under the laws of the United States as of the 
date of enactment of the Fisheries Act of 1995 for which a license has 
been issued under subsection (a) may fish for tuna in the Licensing 
Area, and on the high seas and in waters subject to the jurisdiction of 
the United States west of 146 west longitude and east of 129.5 east 
longitude in accordance with international law, subject to the 
provisions of the Treaty, this Act, and other applicable law, provided 
that no such vessel intentionally deploys a purse seine net to encircle 
any dolphin or other marine mammal in the course of fishing.''.

SEC. 9. ENFORCEMENT.

  (a) Notice Requirements to Pacific Island Party Concerning 
Institution and Outcome of Legal Proceedings.--Section 10(c)(1) (16 
U.S.C. 973h(c)(1)) is amended--
          (1) by striking ``paragraph 8 of Article 4 of''; and
          (2) by striking ``Article 10 of''.
  (b) Searches and Seizures by Authorized Officers; Limitations on 
Power.--Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended--
          (1) in clause (ii), by striking ``or'' at the end; and
          (2) in clause (iii), by adding ``or'' at the end.

SEC. 10. FINDINGS BY SECRETARY.

  (a) Order to Leave Waters Upon Failure to Submit to Jurisdiction of 
Pacific Island Party; Procedure Applicable.--Section 11(a) (16 U.S.C. 
973i(a)) is amended--
          (1) by striking ``, all Limited Areas,'';
          (2) in paragraph (1)--
                  (A) in subparagraph (A), by striking ``paragraph 2 of 
                Article 3 of''; and
                  (B) in subparagraph (C), by striking ``within the 
                Treaty Area'' and inserting ``under the jurisdiction''; 
                and
          (3) in paragraph (2)--
                  (A) in subparagraph (A), by striking ``section 5 
                (a)(4), (a)(5), (b)(2), or (b)(3)'' and inserting 
                ``paragraph (4) of section 5(a) or paragraphs (2) or 
                (3) of section 5(b)'';
                  (B) in subparagraph (B), by striking ``(7)'' and 
                inserting ``(6)''; and
                  (C) in subparagraph (C), by striking ``(7)'' and 
                inserting ``(6)''.
  (b) Order of Vessel to Leave Waters Where Pacific Island Party 
Investigating Alleged Treaty Infringement.--Section 11(b) (16 U.S.C. 
973i(b)) is amended by striking ``paragraph 7 of Article 5 of''.

SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF INFORMATION.

  Section 12 (16 U.S.C. 973j) is amended to read as follows:

``SEC. 12. REPORTING.

  ``(a) Prohibited Disclosure of Certain Information.--The Secretary 
shall keep confidential and may not disclose the following information, 
except in accordance with subsection (b):
          ``(1) Information provided to the Secretary by the 
        Administrator that the Administrator has designated 
        confidential.
          ``(2) Information collected by observers.
          ``(3) Information submitted to the Secretary by any person in 
        compliance with the requirements of this Act.
  ``(b) Permitted Disclosure of Certain Information.--The Secretary may 
disclose information described in subsection (a)--
          ``(1) if disclosure is ordered by a court;
          ``(2) if the information is used by a Federal employee--
                  ``(A) for enforcement; or
                  ``(B) in support of the homeland and national 
                security missions of the Coast Guard as defined in 
                section 888 of the Homeland Security Act of 2002 (6 
                U.S.C. 468);
          ``(3) if the information is used by a Federal employee or an 
        employee of the Fishery Management Council for Treaty 
        administration or fishery management and monitoring;
          ``(4) to the Administrator, in accordance with the 
        requirements of the Treaty and this Act;
          ``(5) to the secretariat or equivalent of an international 
        fisheries management organization of which the United States is 
        a member, in accordance with the requirements or decisions of 
        such organization, and insofar as possible, in accordance with 
        an agreement that prevents public disclosure of the identity of 
        any person that submits such information;
          ``(6) if the Secretary has obtained written authorization 
        from the person providing such information, and disclosure does 
        not violate other requirements of this Act; or
          ``(7) in an aggregate or summary form that does not directly 
        or indirectly disclose the identity of any person that submits 
        such information.''.

SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS.

  Section 13 (16 U.S.C. 973k) is amended by striking ``. In particular, 
the boom shall be lowered'' and all that follows and inserting ``and in 
accordance with any requirements established by the Secretary.''.

SEC. 13. OBSERVERS.

  Section 14 (16 U.S.C. 973l) is repealed.

SEC. 14. TECHNICAL ASSISTANCE.

  Section 15 (16 U.S.C. 973m) is amended to read as follows:

``SEC. 15. TECHNICAL ASSISTANCE.

  ``The Secretary and the Secretary of State may provide assistance to 
a Pacific Island Party to benefit such Pacific Island Party from the 
development of fisheries resources and the operation of fishing vessels 
that are licensed pursuant to the Treaty, including--
          ``(1) technical assistance;
          ``(2) training and capacity building opportunities;
          ``(3) facilitation of the implementation of private sector 
        activities or partnerships; and
          ``(4) other activities as determined appropriate by the 
        Secretary and the Secretary of State.''.

SEC. 15. ARBITRATION.

  Section 16 (16 U.S.C. 973n) is amended--
          (1) by striking ``Article 6 of'' after ``arbitral tribunal 
        under''; and
          (2) by striking ``paragraph 3 of that Article'', and 
        inserting ``the Treaty, shall determine the location of the 
        arbitration''.

SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER MONEYS.

  Section 17 (16 U.S.C. 973o) is amended by striking ``Article 4 of''.

SEC. 17. ADDITIONAL AGREEMENTS.

  Section 18 (16 U.S.C. 973p) is amended by striking ``Within 30 days 
after'' and all that follows and inserting ``The Secretary may 
establish procedures for review of any agreements for additional 
fishing access entered into pursuant to the Treaty.''.

                       Purpose of the Legislation

    The purpose of H.R. 1792 is to amend the South Pacific Tuna 
Act of 1988, and for other purposes.

                  Background and Need for Legislation

    H.R. 1792, the South Pacific Tuna Treaty Act of 2023, 
amends the South Pacific Tuna Treaty Act--which implements the 
South Pacific Tuna Treaty--to incorporate amendments to the 
Treaty that were originally agreed to in December 2016 and 
ratified by the Senate without objection in July 2022. First 
established in 1988, the Treaty grants United States purse 
seine vessels access to waters under the jurisdiction of the 
Treaty's 16 Pacific Island Parties (PIPs).\1\
---------------------------------------------------------------------------
    \1\The PIPs are Australia, Cook Islands, Federated States of 
Micronesia, Fiji, Kiribati, Republic of the Marshall Islands, Nauru, 
New Zealand, Niue, Palau, Papua New Guinea, Samoa, Solomon Islands, 
Tonga, Tuvalu, and Vanuatu.
---------------------------------------------------------------------------
    This partnership has played an important role in 
strengthening the United States' fishing sector while enhancing 
international cooperation between the United States and the 
PIPs over the last several decades. The Treaty grants the 
United States increased access to the abundant fishing 
resources of the Pacific through PIPs' exclusive economic zones 
(EEZs) while also strengthening America's ability to guard 
against illegal, unreported, and unregulated fishing practices 
in the region, particularly those of adversaries like China. 
The Treaty also includes a separate Economic Assistance 
Agreement, where the United States provides the PIPs $21 
million per year. These efforts enhance the United States' 
economic and geopolitical security and strengthen our 
international alliances.
    Starting in 2009, the United States and the PIPs were 
engaged in negotiations to update the Treaty to improve fishing 
access for United States vessels in the region. One of the key 
provisions of the 2016 amendments provides greater clarity to 
geographic areas that United States vessels can access under 
the Treaty. The amendments eliminate the definition of ``Treaty 
Area'' and redefine ``Licensing Area,'' which ensures that the 
Treaty no longer applies on the high seas and establishes a 
definition for ``Closed Area.'' These amendments provide 
greater certainty for United States vessels to know which areas 
they can access under the Treaty.
    These amendments have been implemented as a Memorandum of 
Understanding between the United States and PIPs, causing 
uncertainty and conflict between the structure of the Treaty 
and the regulatory framework in the United States. For example, 
Mr. William Gibbons-Fly, the Executive Director of the American 
Tunaboat Association, stated in testimony before the Committee 
that ``in the absence of U.S. amendments to the implementing 
legislation, key provisions of the domestic regulatory regime 
continue to reflect aspects of the Treaty prior to the 2016 
amendments being adopted,''\2\ causing the domestic industry 
uncertainty and placing the United States at a competitive 
disadvantage.
---------------------------------------------------------------------------
    \2\``Testimony of William Gibbons-Fly.'' House Committee on Natural 
Resources, Subcommittee on Water, Wildlife and Fisheries. July 27, 
2023.
---------------------------------------------------------------------------
    The adoption of this legislation will allow the United 
States and its regulatory agencies to fully implement the 2016 
amendments to the South Pacific Tuna Treaty, providing the 
certainty and clarity needed for the United States and our 
fishing industry to access these resources. Adopting this 
legislation and the amendments to the South Pacific Tuna Treaty 
will help strengthen both our domestic fishing industry and our 
international alliances.

                            Committee Action

    H.R. 1792 was introduced on March 24, 2023, by Del. Amata 
Radewagen (R-AS). The bill was referred to the Committee on 
Natural Resources, and within the Committee to the Subcommittee 
on Water, Wildlife and Fisheries. On July 27, 2023, the 
Subcommittee on Water, Wildlife and Fisheries held a hearing on 
the bill. On October 25-26, 2023, the Committee on Natural 
Resources met to consider the bill. The Subcommittee on Water, 
Wildlife and Fisheries was discharged from further 
consideration of H.R. 1792 by unanimous consent. Del. Amata 
Radewagen (R-AS) offered an amendment in the nature of a 
substitute designated Radewagen _008 ANS. The amendment in the 
nature of a substitute was adopted by unanimous consent. H.R. 
1792, as amended, was ordered favorably reported to the House 
of Representatives by unanimous consent.

                                Hearings

    For the purposes of clause 3(c)(6) of House rule XIII, the 
following hearing was used to develop or consider this measure: 
hearing by the Subcommittee on Water, Wildlife and Fisheries 
held on July 27, 2023.

                      Section-by-Section Analysis


Section 1. Short title and Table of Contents

    This Act may be cited as the ``South Pacific Tuna Treaty 
Act of 2023.''

Section 2. Amendment of South Pacific Tuna Act of 1988

    Notes that, except when otherwise expressly provided, 
references to amendment or repeal shall be considered made to a 
section or provision of the South Pacific Tuna Act of 1988 (16 
U.S.C. 973 et seq.).

Section 3. Definitions

    Defines key terms in amending the South Pacific Tuna Act of 
1988 (16 U.S.C. 973 et seq.).

Section 4. Prohibited acts

    Amends prohibited acts under the South Pacific Tuna Act of 
1988 (16 U.S.C. 973 et seq.). Prohibits violation of any 
regional terms, conditions, or limits on fishing effort or 
catch.
    Streamlines the prohibition on operating vessels in a 
Licensing Area and terms of agreement between the United States 
and a PIP.

Section 5. Exceptions

    Repeals the exceptions to prohibitions for certain types of 
tuna fishing methods and prevents agreements of exceptions for 
prohibitions.

Section 6. Criminal offenses

    Reorganizes the paragraphs of prohibited acts that are 
defined as criminal offenses.

Section 7. Civil penalties

    Clarifies that those found to have committed a prohibited 
act shall be held liable to the United States. Clarifies that 
all penalties shall not exceed $250,000.

Section 8. Licenses

    Amends the process by which the Secretary of Commerce and 
the Administrator of a Pacific Island Party process license 
applications. Allows the Secretary of Commerce to establish 
procedures to pay fees for licenses and eliminates the 
requirement that the Secretary of Commerce receive a minimum 
amount of license fees before forwarding applications to the 
Secretary of State and the Administrator of a Pacific Island 
Party. It also gives the Secretary of Commerce and the 
Secretary of State the authority to deny forwarding a license 
application. Clarifies the grandfathering of certain vessels 
before November 3, 1995.

Section 9. Enforcement

    Clarifies that enforcement applies to the entire Treaty and 
makes grammatical corrections to the section governing searches 
and seizures.

Section 10. Findings by Secretary

    Clarifies the defined areas in accordance with Treaty 
amendments that the Secretary of Commerce and the Secretary of 
State may order a vessel to leave.

Section 11. Reporting requirements; disclosure of information

    Requires certain information to be kept confidential by the 
Secretary of Commerce but allows for confidential information 
to be disclosed in certain circumstances.

Section 12. Closed area stowage requirements

    Gives the Secretary of Commerce more authority to develop 
requirements for vessel storage when in a closed area.

Section 13. Observers

    Strikes the provision of the Treaty that requires 
observers' access to vessels to ensure compliance with the 
Treaty.

Section 14. Technical assistance

    Changes what is classified as technical assistance under 
the Treaty to include training, capacity building, and 
leveraging the private sector. Eliminates the requirements that 
the United States tuna industry provide $250,000 for technical 
assistance annually.

Section 15. Arbitration

    Clarifies the process of determining the location of an 
arbitration process under the Treaty.

Section 16. Disposition of fees, penalties, forfeitures, and other 
        moneys

    Ensures that fines or penalties are paid to the extent 
required by the entire Treaty.

Section 17. Additional agreements

    Grants the Secretary the authority to establish procedures 
to pursue additional agreements in addition to the Treaty.

            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 and Congressional Budget Act

    1. Cost of Legislation and the Congressional Budget Act. 
With respect to the requirements of clause 3(c)(2) and (3) of 
rule XIII of the Rules of the House of Representatives and 
sections 308(a) and 402 of the Congressional Budget Act of 
1974, the Committee has received the following estimate for the 
bill from the Director of the Congressional Budget Office:

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    H.R. 1792 would amend the South Pacific Tuna Act of 1988 to 
incorporate amendments made to the South Pacific Tuna Treaty, 
which were agreed to by the United States and 16 Pacific Island 
Parties in December 2016. Until those amendments are enacted 
into law, the amended treaty cannot be fully enforced upon U.S. 
fishing vessels. Under the bill, the National Oceanic and 
Atmospheric Administration (NOAA) would promulgate regulations 
to implement all the provisions of the amended treaty.
    Using information from NOAA, CBO estimates that the cost to 
revise regulations and administer the requirements of the 
treaty would be insignificant over the 2024-2029 period. Any 
spending would be subject to the availability of appropriated 
funds.
    The CBO staff contact for this estimate is Aurora Swanson. 
The estimate was reviewed by H. Samuel Papenfuss, Deputy 
Director of Budget Analysis.
                                         Phillip L. Swagel,
                             Director, Congressional Budget Office.

    2. 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 amend the South Pacific Tuna Act 
of 1988, and for other purposes.

                           Earmark Statement

    This bill does not contain any Congressional earmarks, 
limited tax benefits, or limited tariff benefits as defined 
under clauses 9(e), 9(f), and 9(g) of rule XXI of the Rules of 
the House of Representatives.

                 Unfunded Mandates Reform Act Statement

    According to the Congressional Budget Office, H.R. 1792 
contains no unfunded mandates as defined in the Unfunded 
Mandates Reform Act.

                           Existing Programs

    Directed Rule Making. This bill does not contain any 
directed rule makings.
    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.

                  Applicability to Legislative Branch

    The Committee finds that the legislation does not relate to 
the terms and conditions of employment or access to public 
services or accommodations within the meaning of section 
102(b)(3) of the Congressional Accountability Act.

                Preemption of State, Local or Tribal Law

    Any preemptive effect of this bill over state, local, or 
tribal law is intended to be consistent with the bill's 
purposes and text and the Supremacy Clause of Article VI of the 
U.S. Constitution.

                        Changes in Existing 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 italics, and existing law in which no 
change is proposed is shown in roman):

                     SOUTH PACIFIC TUNA ACT OF 1988




           *       *       *       *       *       *       *
SEC. 2. DEFINITIONS.

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

           *       *       *       *       *       *       *


SEC. 5. PROHIBITED ACTS.

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

[SEC. 6. EXCEPTIONS.

  [(a) The prohibitions of section 5 of this Act and the 
licensing requirements of section 9 of this Act shall not apply 
to fishing for albacore tuna by vessels using the trolling 
method or to fishing by vessels using the longline method in 
the high seas areas of the Treaty area.
  [(b) The prohibitions of section 5 (a)(4), (a)(5), and (b)(3) 
of this Act shall not apply to fishing under the terms and 
conditions of an arrangement which has been reached under 
paragraph 3 of Article 3 of the Treaty and which, pursuant to a 
decision by the Secretary of State under section 18 of this 
Act, is covered by Article 4 and paragraph 6 of Article 5 of 
the Treaty.]

SEC. 7. CRIMINAL OFFENSES.

  (a) A person is guilty of a criminal offense if he or she 
commits any act prohibited by [section 5(a) (8), (10), (11), or 
(12)] paragraphs (6), (8), (9), or (10) of section 5(a) of this 
Act.
  (b) Any offense described in subsection (a) of this section 
is punishable by a fine of not more than $50,000, or 
imprisonment for not more than 6 months, or both; except that 
if in the commission of any such offense the person uses a 
dangerous weapon, engages in conduct that causes bodily injury 
to any Authorized Officer, Authorized Party Officer, or 
observer under the Treaty in the conduct of their duties, or 
places any such Authorized Officer, Authorized Party Officer, 
or observer in fear of imminent bodily injury, the offense is 
punishable by a fine of not more then $100,000 or imprisonment 
for not more than 10 years, or both.
  (c) The district courts of the United States shall have 
jurisdiction over any offense described in this section.

SEC. 8. CIVIL PENALTIES.

  (a) Any person who is found by the Secretary, after notice 
and an opportunity for a hearing in accordance with section 554 
of title 5, United States Code, to have committed an act 
prohibited by section 5 of this Act, shall be liable to the 
United States [Code] for a civil penalty. Before issuing a 
notice of violation, the Secretary shall consult with the 
Secretary of State. The amount of the civil penalty shall be 
determined in accordance with considerations set forth in the 
Treaty and shall take into account the nature, circumstances, 
extent, and gravity of the prohibited acts committed, and with 
respect to the violator, the degree of culpability, any history 
of prior offenses, ability to pay, and such other matters as 
justice may require. [Except for those acts prohibited by 
section 5(a) (4), (5), (7), (8), (10), (11), and (12), and 
section 5(b) (1), (2), (3), and (7) of this Act, the] The 
amount of the civil penalty shall not exceed $250,000 for each 
violation. Upon written notice, the Secretary of State shall 
have the right to participate in any proceeding initiated to 
assess a civil penalty for violation of this Act.
  (b) Any person against whom a civil penalty is assessed under 
subsection (a) of this section may obtain review thereof in the 
United States district court for the appropriate district by 
filing a complaint in such court within 30 days from the date 
of the order and by simultaneously serving a copy of the 
complaint by certified mail on the Secretary, the Attorney 
General of the United States, and the appropriate United States 
Attorney. The Secretary shall promptly file in the court a 
certified copy of the record upon which the violation was found 
or the penalty imposed. The findings and order of the Secretary 
shall be set aside or modified by the court if they are not 
found to be supported by substantial evidence, as provided in 
section 706(2) of title 5, United States Code.
  (c) Except as provided in subsection (g) of this section, if 
any person fails to pay an assessment of a civil penalty after 
it has become a final and unappealable order, or after the 
appropriate court has entered final judgment in favor of the 
Secretary, the Secretary shall refer the matter to the Attorney 
General of the United States, who shall recover the amount 
assessed in any appropriate district court of the United 
States.
  (d) Except as provided in subsection (g) of this section, a 
fishing vessel (including its fishing gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act prohibited by section 5 of this Act shall be liable in rem 
for any civil penalty assessed for the violation under section 
8 of this Act and may be proceeded against in any district 
court of the United States having jurisdiction thereof. The 
penalty shall constitute a maritime lien on the vessel which 
may be recovered in an action in rem in the district court of 
the United States having jurisdiction over the vessel.
  (e) The Secretary, after consultation with the Secretary of 
State, may compromise, modify, or remit, with or without 
conditions, any civil penalty which is subject to imposition or 
which has been imposed under this section.
  (f) For the purposes of conducting any hearing under this 
section, the Secretary may issue subpoenas for the attendance 
and testimony of witnesses and the production of relevant 
papers, books, and documents, and may administer oaths. 
Witnesses summoned shall be paid the same fees and mileage that 
are paid to witnesses in the courts of the United States. In 
case of contempt or refusal to obey a subpoena served upon a 
person pursuant to this subsection, the district court of the 
United States for any district in which the person is found, 
resides, or transacts business, upon application by the United 
States and after notice to the person, shall have jurisdiction 
to issue an order requiring the person to appear and give 
testimony before the Secretary or to appear and produce 
documents before the Secretary, or both, and any failure to 
obey the order of the court may be punished by the court as a 
contempt thereof.
  (g) If a vessel used in a violation of [section 5(a)(1), (2), 
(3), (4), (5), (6), (7), (8), (9), or (13)] paragraphs (1), 
(2), (3), (4), (5), (6), (7), (11), (12), or (13) of section 
5(a) or section 5(b) of this Act for which a civil penalty has 
been assessed--
          (1) had a valid license under the Treaty at the time 
        of the violation, and
          (2) within 60 days after the penalty assessment has 
        become final, leaves and remains outside of the 
        Licensing Area[, all Limited Areas closed to fishing,] 
        and all Closed Areas until the final penalty has been 
        paid,
there shall be no referral to the Attorney General under 
subsection (c) of this section or in rem action under 
subsection (d) of this section in connection with such civil 
penalty.

SEC. 9. LICENSES.

  (a) Licenses to fish in the Licensing Area, to be issued by 
the Administrator in accordance with the Treaty, may be 
requested from the Secretary by operators of vessels, under 
procedures established by the Secretary. The license 
application shall designate an agent for the service of legal 
process to be located in Port Moresby, Papua New Guinea. The 
applicant shall ensure that the designated agent for service of 
process, acting on behalf of the license holder, will receive 
and respond to any legal process issued in accordance with the 
Treaty and will, within 21 days after notification, travel if 
necessary for this purpose to any Pacific Island Party at no 
expense to that Party.
  [(b) Except as provided in subsections (e), (f), and (g) of 
this section, the Secretary shall forward a vessel license 
application to the Secretary of State for transmittal to the 
Administrator whenever such application is in accordance with 
application procedures established by the Secretary, includes a 
complete application form as required by Annex II of the 
Treaty, and is accompanied by the required license fee.
  [(c)(1) In the initial year of implementation, fees for the 
first 40 vessel licenses shall be at least $50,000 each, for 
any 10 vessel licenses in addition to the first 40 shall be 
$60,000 each, and for vessel licenses in addition to the first 
50 shall be in accordance with Annex II of the Treaty.
  [(2) After such initial year, fees for vessel licenses shall 
be paid in accordance with fee schedules established under 
Annex II of the Treaty and published by the Secretary.]
  (b) In accordance with subsection (e), and except as provided 
in subsection (f), the Secretary shall forward a vessel license 
application to the Administrator whenever such application is 
in accordance with application procedures established by the 
Secretary.
  (c) Fees required under the Treaty shall be paid in 
accordance with the Treaty and any procedures established by 
the Secretary.
  (d) Licenses shall be valid for the licensing period 
specified by the Administrator.
  (e) The Secretary may establish a system of allocating 
licenses in the event more applications are received than there 
are licenses available.
  [(f) For the initial year of implementation, license fees 
totaling at least $1,750,000 must be received by the Secretary 
before any license applications will be forwarded to the 
Secretary of State for transmittal to the Administrator.
  [(g) The Secretary, in consultation with the Secretary of 
State, may determine that a license application should not be 
forwarded to the Administrator for one of the following 
reasons:
          [(1) where the application is not in accordance with 
        the Treaty or the procedures established by the 
        Secretary;
          [(2) where the owner or charterer is the subject of 
        proceedings under the bankruptcy laws of the United 
        States, unless reasonable financial assurances have 
        been provided to the Secretary;
          [(3) where the owner or charterer has not established 
        to the satisfaction of the Secretary that the fishing 
        vessel is fully insured against all risks and 
        liabilities normally provided in maritime liability 
        insurance;
          [(4) where the owner or charterer has not paid any 
        penalty which has become final, assessed by the 
        Secretary in accordance with this Act.]
  (f) The Secretary, in consultation with the Secretary of 
State, may determine that a license application should not be 
forwarded to the Administrator if--
          (1) the application is not in accordance with the 
        Treaty or the procedures established by the Secretary; 
        or
          (2) the owner or charterer--
                  (A) is the subject of proceedings under the 
                bankruptcy laws of the United States, unless 
                reasonable financial assurances have been 
                provided to the Secretary;
                  (B) has not established to the satisfaction 
                of the Secretary that the fishing vessel is 
                fully insured against all risks and liabilities 
                normally provided in maritime liability 
                insurance; or
                  (C) has not paid any penalty which has become 
                final, assessed by the Secretary in accordance 
                with this Act.
  [(h)] (g) Notwithstanding the requirements of--
          [(1) section 1 of the Act of August 26, 1983 (97 
        Stat. 587; 46 U.S.C. 12108);]
          (1) chapter 12113 of title 46, United States Code;
          (2) the general permit issued on December 1, 1980, to 
        the American Tunaboat Association under section 
        104(h)(1) of the Marine Mammal Protection Act of 1972 
        (16 U.S.C. 1374(h)(1)); and
          (3) sections 104(h)(2) and 306(a) of the Marine 
        Mammal Protection Act of 1972 (16 U.S.C. 1374(h)(2) and 
        1416(a))--
[any vessel documented under the laws of the United States as 
of the date of enactment of the Fisheries Act of 1995 for which 
a license has been issued under subsection (a) may fish for 
tuna in the Treaty Area, including those waters subject to the 
jurisdiction of the United States in accordance with 
international law, subject to the provisions of the treaty and 
this Act, provided that no such vessel fishing in the Treaty 
Area intentionally deploys a purse seine net to encircle any 
dolphin or other marine mammal in the course of fishing under 
the provisions of the Treaty or this Act.]
any vessel documented under the laws of the United States as of 
the date of enactment of the Fisheries Act of 1995 for which a 
license has been issued under subsection (a) may fish for tuna 
in the Licensing Area, and on the high seas and in waters 
subject to the jurisdiction of the United States west of 146+ 
west longitude and east of 129.5+ east longitude in accordance 
with international law, subject to the provisions of the 
Treaty, this Act, and other applicable law, provided that no 
such vessel intentionally deploys a purse seine net to encircle 
any dolphin or other marine mammal in the course of fishing.

SEC. 10. ENFORCEMENT.

  (a) The provisions of this Act shall be enforced by the 
Secretary in cooperation with the Secretary of State. The 
Secretary, after consultation with the Secretary of State, 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 these duties.
  (b)(1) The Secretary shall, at the request of a Pacific 
Island Party made to the Secretary of State, fully investigate 
any alleged infringement of the Treaty involving a vessel of 
the United States, and report as soon as practicable, and in 
any case within 2 months, to that Party through the Secretary 
of State on any action taken or proposed by the Secretary in 
regard to the alleged infringement.
  (2) Upon commencement of an investigation under paragraph (1) 
of this subsection, the Secretary shall notify the operator of 
any vessel concerned regarding--
          (A) the nature of the investigation;
          (B) the right of the operator to submit comments, 
        information, or evidence bearing on the investigation 
        and to receive, upon the operator's timely written 
        request to the Secretary, an opportunity to present 
        such comments, information, or evidence orally to the 
        Secretary or the Secretary's representative within 30 
        days after receipt of such notification.
  (c)(1) Prior to instituting any legal proceedings under this 
Act for any action which involves an alleged infringement of 
the Treaty in waters within the jurisdiction of a Pacific 
Island Party, the Secretary, through the Secretary of State, 
shall notify the Pacific Island Party in accordance with 
[paragraph 8 of Article 4 of] the Treaty that the proceedings 
will be instituted. Such notice shall include a statement of 
the facts believed to show an infringement of the Treaty and 
the nature of the proposed proceedings, including any proposed 
charges and any proposed penalties. The Secretary shall not 
institute such proceedings if the Pacific Island Party objects 
within 30 days after the effective date of the notice under 
[Article 10 of] the Treaty.
  (2) The Pacific Island Party exercising jurisdiction over the 
waters involved in such a legal proceeding shall be promptly 
notified by the Secretary, through the Secretary of State, 
concerning the outcome of the proceeding.
  (d)(1) Any Authorized Officer may--
          (A) with or without a warrant or other process--
                  (i) arrest any person, if he has reasonable 
                cause to believe that the person has committed 
                any act subject to prosecution under section 7 
                of this Act;
                  (ii) board, and search or inspect, any 
                fishing vessel which is subject to the 
                provisions of this Act; [or]
                  (iii) seize samples of fish or items for 
                evidence (other than the vessel or its fishing 
                gear or equipment) related to any violation of 
                any provision of this Act; or
                  (iv) order a vessel into the most convenient 
                port of the United States for investigation 
                when an investigation has been requested by a 
                Pacific Island Party in accordance with the 
                Treaty and when such an order is necessary to 
                gather information for such an investigation;
          (B) execute any warrant or other process issued by 
        any court of competent jurisdiction;
          (C) exercise any other lawful authority; and
          (D) investigate alleged violations of the Treaty to 
        the same extent authorized to investigate alleged 
        violations of this Act.
  (2) To the extent possible, Authorized Officers shall 
exercise their powers under paragraph (1)(A) (ii), (iii), and 
(iv) of this subsection so as not to interfere unduly with the 
lawful operation of the vessel.
  (3) Nothing in this Act shall be construed to limit the 
enforcement of this or other applicable Federal laws under 
section 89 of title 14, United States Code.
  (e) The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under the provisions of this Act.

SEC. 11. FINDINGS BY THE SECRETARY.

  (a) Following any investigation conducted in accordance with 
section 10(b) of this Act, the Secretary, with the concurrence 
of the Secretary of State, and upon the request of the Pacific 
Island Party concerned, may order a fishing vessel which has 
not submitted to the jurisdiction of that Pacific Island Party 
to leave immediately the Licensing Area[, all Limited Areas,] 
and all Closed Areas upon making a finding--
          (1) that the fishing vessel--
                  (A) while fishing in the Licensing Area did 
                not have a license under the Treaty to fish in 
                the Licensing Area, and that under [paragraph 2 
                of Article 3 of] the Treaty, such fishing is 
                not authorized to be conducted in the Licensing 
                Area without a license;
                  (B) was involved in any incident in which an 
                Authorized Officer, Authorized Party Officer, 
                or observer was allegedly assaulted with 
                resultant bodily harm, physically threatened, 
                forcefully resisted, refused boarding, or 
                subjected to physical intimidation or physical 
                interference in the performance of duties as 
                authorized by this Act or the Treaty;
                  (C) has not made full payment within 60 days 
                of any amount due as a result of a final 
                judgment or other final determination deriving 
                from a violation in waters [within the Treaty 
                Area] under the jurisdiction of a Pacific 
                Island Party; or
                  (D) was not represented by an agent for 
                service of process in accordance with the 
                Treaty; or
          (2) that there is probable cause to believe that the 
        fishing vessel--
                  (A) was used in violation of [section 5 
                (a)(4), (a)(5), (b)(2), or (b)(3)] paragraph 
                (4) of section 5(a) or paragraphs (2) or (3) of 
                section 5(b) of this Act;
                  (B) used an aircraft in violation of section 
                5(b)[(7)](6); or
                  (C) was involved in an incident in which 
                section 5(a)[(7)](6) was violated.
  (b) Upon being advised by the Secretary of State that proper 
notification to Parties has been made under [paragraph 7 of 
Article 5 of] the Treaty that a Pacific Island Party is 
investigating an alleged infringement of the Treaty by a vessel 
in waters under the jurisdiction of such Pacific Island Party, 
the Secretary shall order the vessel to leave such waters until 
the Secretary of State notifies the Secretary that such order 
is no longer necessary.
  (c) The Secretary shall rescind any order issued on the basis 
of a finding under subsection (a)(1) (C) or (D) of this section 
as soon as the Secretary determines that the facts underlying 
the finding do not apply.
  (d) No order issued in accordance with this section is 
subject to judicial review.
  (e) Upon a request by the Secretary, the Attorney General 
shall commence a civil action for appropriate relief, including 
permanent or temporary injunction, to enforce any order issued 
by the Secretary under this section.

[SEC. 12. REPORTING.

  [(a) Holders of licenses shall comply with the reporting 
requirements of part 4 of Annex I to the Treaty.
  [(b) Information provided by license holders in Schedules 5 
and 6 of Annex I of the Treaty shall be provided to the 
Secretary for transmittal to the Administrator and to an entity 
designated by the license holder. Such information thereafter 
shall not be released and shall be maintained as confidential 
by the Secretary, including information requested under the 
Freedom of Information Act, unless disclosure is required under 
court order or unless the information is essential for an 
enforcement action under section 5, 10(b), 10(c), or 11 of this 
Act, or any other proper law enforcement action.]

SEC. 12. REPORTING.

  (a) Prohibited Disclosure of Certain Information.--The 
Secretary shall keep confidential and may not disclose the 
following information, except in accordance with subsection 
(b):
          (1) Information provided to the Secretary by the 
        Administrator that the Administrator has designated 
        confidential.
          (2) Information collected by observers.
          (3) Information submitted to the Secretary by any 
        person in compliance with the requirements of this Act.
  (b) Permitted Disclosure of Certain Information.--The 
Secretary may disclose information described in subsection 
(a)--
          (1) if disclosure is ordered by a court;
          (2) if the information is used by a Federal 
        employee--
                  (A) for enforcement; or
                  (B) in support of the homeland and national 
                security missions of the Coast Guard as defined 
                in section 888 of the Homeland Security Act of 
                2002 (6 U.S.C. 468);
          (3) if the information is used by a Federal employee 
        or an employee of the Fishery Management Council for 
        Treaty administration or fishery management and 
        monitoring;
          (4) to the Administrator, in accordance with the 
        requirements of the Treaty and this Act;
          (5) to the secretariat or equivalent of an 
        international fisheries management organization of 
        which the United States is a member, in accordance with 
        the requirements or decisions of such organization, and 
        insofar as possible, in accordance with an agreement 
        that prevents public disclosure of the identity of any 
        person that submits such information;
          (6) if the Secretary has obtained written 
        authorization from the person providing such 
        information, and disclosure does not violate other 
        requirements of this Act; or
          (7) in an aggregate or summary form that does not 
        directly or indirectly disclose the identity of any 
        person that submits such information.

SEC. 13. CLOSED AREA STOWAGE REQUIREMENTS.

  At all times while a vessel is in a Closed Area, the fishing 
gear of the vessel shall be stowed in such a manner as not to 
be readily available for fishing[. In particular, the boom 
shall be lowered as far as possible so that the vessel cannot 
be used for fishing, but so that the skiff is accessible for 
use in emergency situations; the helicopter, if any, shall be 
tied down; and launches shall be secured.] and in accordance 
with any requirements established by the Secretary.

[SEC. 14. OBSERVERS.

  [(a) The operator and each member of the crew of a vessel 
shall allow and assist any individual identified as an observer 
under the Treaty by the Pacific Island Parties--
          [(1) to board the vessel for scientific, compliance, 
        monitoring and other functions at the point and time 
        notified by the Pacific Island Parties to the 
        Secretary;
          [(2) without interfering unduly with the lawful 
        operation of the vessel, to have full access to and use 
        of facilities and equipment on board the vessel which 
        the observer may determine are necessary to carry out 
        observer duties; have full access to the bridge, fish 
        on board, and areas which may be used to hold, process, 
        weigh, and store fish; remove samples; have full access 
        to the vessel's records, including its log and 
        documentation for the purpose of inspection and 
        copying; and gather any other information relating to 
        fisheries in the Licensing Area;
          [(3) to disembark at the point and time notified by 
        the Pacific Island Parties to the Secretary; and
          [(4) to carry out observer duties safely.
  [(b) The operator shall provide any such observer, while on 
board the vessel, at no expense to the Pacific Island Parties, 
with food, accommodation, and medical facilities of such 
reasonable standard as may be acceptable to the Pacific Island 
Party whose representative is serving as the observer.
  [(c) The operator of any vessel from which any fish taken in 
the Licensing Area is unloaded shall allow, or arrange for, and 
assist any individual so authorized by the Pacific Island 
Parties to have full access to any place where such fish is 
unloaded, to remove samples, and to gather any other 
information relating to fisheries in the Licensing Area.

[SEC. 15. TECHNICAL ASSISTANCE.

  [The United States tuna industry shall provide $250,000 
annually in technical assistance, including provision of 
assistance by technicians, in response to requests coordinated 
through the Administrator. The Secretary of State shall 
designate an entity to coordinate the provision of such 
technical assistance as provided by the United States tuna 
industry and to provide an annual report to the Secretary of 
State regarding the provision of such technical assistance.]

SEC. 15. TECHNICAL ASSISTANCE.

  The Secretary and the Secretary of State may provide 
assistance to a Pacific Island Party to benefit such Pacific 
Island Party from the development of fisheries resources and 
the operation of fishing vessels that are licensed pursuant to 
the Treaty, including--
          (1) technical assistance;
          (2) training and capacity building opportunities;
          (3) facilitation of the implementation of private 
        sector activities or partnerships; and
          (4) other activities as determined appropriate by the 
        Secretary and the Secretary of State.

SEC. 16. ARBITRATION.

  In the event of a dispute requiring the establishment of an 
arbitral tribunal under [Article 6 of] the Treaty, the 
Secretary of State, in consultation with the Secretary, shall 
appoint the arbitrator to be appointed by the United States 
under [paragraph 3 of that Article] the Treaty, shall determine 
the location of the arbitration, and shall represent the United 
States in reaching agreement under such paragraph with each 
Pacific Island Party involved concerning the appointment of the 
presiding arbitrator of the tribunal.

SEC. 17. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER MONEYS.

  To the extent required by [Article 4 of] the Treaty, an 
amount equivalent to the total value of any fine, penalty, or 
other amount collected as a result of any action, judicial or 
otherwise, taken pursuant to sections 7 and 8 of this Act shall 
be paid by the United States through the Secretary of State to 
the Administrator as soon as reasonably possible following the 
date that such amount is collected.

SEC. 18. ADDITIONAL AGREEMENTS.

   [Within 30 days after the Secretary of State's receipt of 
notice from a Pacific Island Party that it has concluded an 
arrangement pursuant to paragraph 3 of Article 3 of the Treaty, 
the Secretary of State shall consult with the Secretary 
concerning whether the procedures of Article 4 and paragraph 6 
of Article 5 of the Treaty should be made applicable to such 
arrangement. At the conclusion of the consultations the Pacific 
Island Party and all other persons agreeing to the arrangement 
shall be notified by the Secretary of State of the resulting 
decision.] The Secretary may establish procedures for review of 
any agreements for additional fishing access entered into 
pursuant to the Treaty.

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