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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.''
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    \1\http://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-
title16-section1826j#=0&edition;=prelim.
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    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.
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    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.
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    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.
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    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.
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    \6\https://www.congress.gov/treaty-document/112th-congress/4/
resolution-text.
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                            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.

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