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[House Report 113-685]
[From the U.S. Government Publishing Office]

113th Congress  }                                         {      Report
                        HOUSE OF REPRESENTATIVES
 2d Session     }                                         {     113-685

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

 
  ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 2014

                                _______
                                

 December 22, 2014.--Committed to the Committee of the Whole House on 
            the State of the Union and ordered to be printed

                                _______
                                

 Mr. Hastings of Washington, from the Committee on Natural Resources, 
                        submitted the following

                              R E P O R T

                         [To accompany H.R. 69]

    The Committee on Natural Resources, to whom was referred 
the bill (H.R. 69) to strengthen enforcement mechanisms to stop 
illegal, unreported, and unregulated fishing, to amend the Tuna 
Conventions Act of 1950 to implement the Antigua Convention, 
and for other purposes, having considered the same, report 
favorably thereon with an amendment and recommend that the bill 
as amended do pass.
    The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Illegal, Unreported, and Unregulated 
Fishing Enforcement Act of 2014''.

SEC. 2. TABLE OF CONTENTS.

  The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

        TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium 
Protection Act.
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement 
Act.
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992.
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985.
Sec. 105. Amendments to the Western and Central Pacific Fisheries 
Convention Implementation Act.
Sec. 106. Amendments to the South Pacific Tuna Act of 1988.
Sec. 107. Amendments to the Antarctic Marine Living Resources 
Convention Act.
Sec. 108. Amendments to the Atlantic Tunas Convention Act.
Sec. 109. Amendments to the High Seas Fishing Compliance Act of 1965.
Sec. 110. Amendments to the Dolphin Protection Consumer Information 
Act.
Sec. 111. Amendments to the Northern Pacific Halibut Act of 1982.
Sec. 112. Amendments to the Northwest Atlantic Fisheries Convention Act 
of 1995.
Sec. 113. Amendment to the Magnuson-Stevens Fishery Conservation and 
Management Act.

           TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION

Sec. 201. Short title.
Sec. 202. Amendment of the Tuna Conventions Act of 1950.
Sec. 203. Definitions.
Sec. 204. Commissioners; number, appointment, and qualifications.
Sec. 205. General Advisory Committee and Scientific Advisory 
Subcommittee.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts.
Sec. 208. Enforcement.
Sec. 209. Reduction of bycatch.
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

   TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND 
         ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Duties and authorities of the secretary.
Sec. 305. Authorization or denial of port entry.
Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.

        TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM 
                    PROTECTION ACT.

  (a) Administration and Enforcement.--Section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended 
by inserting before the first sentence the following:
  ``(a) In General.--The Secretary and the Secretary of the department 
in which the Coast Guard is operating shall enforce this Act, and the 
Acts to which this section applies, in accordance with this section. 
Each such Secretary may, by agreement, on a reimbursable basis or 
otherwise, utilize the personnel services, equipment (including 
aircraft and vessels), and facilities of any other Federal agency, and 
of any State agency, in the performance of such duties.
  ``(b) Acts to Which Section Applies.--This section applies to--
          ``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
        et seq.);
          ``(2) the Dolphin Protection Consumer Information Act (16 
        U.S.C. 1385);
          ``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
        seq.);
          ``(4) the North Pacific Anadromous Stocks Act of 1992 (16 
        U.S.C. 5001 et seq.);
          ``(5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 et 
        seq.);
          ``(6) the Antarctic Marine Living Resources Convention Act of 
        1984 (16 U.S.C. 2431 et seq.);
          ``(7) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971 et seq.);
          ``(8) the Northwest Atlantic Fisheries Convention Act of 1995 
        (16 U.S.C. 5601 et seq.);
          ``(9) the Western and Central Pacific Fisheries Convention 
        Implementation Act (16 U.S.C. 6901 et seq.); and
          ``(10) the North Pacific Halibut Act of 1982 (16 U.S.C. 773a 
        et seq.).
  ``(c) Administration and Enforcement.--
          ``(1) In general.--The Secretary shall prevent any person 
        from violating this Act, or any Act to which this section 
        applies, in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though sections 308 
        through 311 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1858 through 1861) were incorporated 
        into and made a part of and applicable to this Act and each 
        such Act.
          ``(2) International cooperation.--The Secretary may, subject 
        to appropriations and in the course of carrying out the 
        Secretary's responsibilities under the Acts to which this 
        section applies, engage in international cooperation to help 
        other nations combat illegal, unreported, and unregulated 
        fishing and achieve sustainable fisheries.
  ``(d) Special Rules.--
          ``(1) Additional enforcement authority.--In addition to the 
        powers of officers authorized pursuant to subsection (c), any 
        officer who is authorized by the Secretary, or the head of any 
        Federal or State agency that has entered into an agreement with 
        the Secretary under subsection (a), may enforce the provisions 
        of any Act to which this section applies, with the same 
        jurisdiction, powers, and duties as though section 311 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1861) were incorporated into and made a part of each 
        such Act.
          ``(2) Disclosure of enforcement information.--The Secretary, 
        subject to the data confidentiality provisions in section 402 
        of the Magnuson-Stevens Fishery Conservation and Management Act 
        (16 U.S.C. 1881a), may disclose, as necessary and appropriate, 
        information, including information collected under joint 
        authority of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western 
        and Central Pacific Fisheries Convention Implementation Act (16 
        U.S.C. 6901 et seq.) or other statutes implementing 
        international fishery agreements, to any other Federal or State 
        government agency, the Food and Agriculture Organization of the 
        United Nations, the secretariat or equivalent of an 
        international fishery management organization or arrangement 
        made pursuant to an international fishery agreement, or a 
        foreign government, if--
                  ``(A) such government, organization, or arrangement 
                has policies and procedures to protect such information 
                from unintended or unauthorized disclosure; and
                  ``(B) such disclosure is necessary--
                          ``(i) to ensure compliance with any law or 
                        regulation enforced or administered by the 
                        Secretary;
                          ``(ii) to administer or enforce any 
                        international fishery agreement to which the 
                        United States is a party;
                          ``(iii) to administer or enforce a binding 
                        conservation measure adopted by any 
                        international organization or arrangement to 
                        which the United States is a party;
                          ``(iv) to assist in any investigative, 
                        judicial, or administrative enforcement 
                        proceeding in the United States; or
                          ``(v) to assist in any law enforcement action 
                        undertaken by a law enforcement agency of a 
                        foreign government, or in relation to a legal 
                        proceeding undertaken by a foreign government 
                        to the extent the enforcement action is 
                        consistent with rules and regulations of a 
                        regional fishery management organization that 
                        the United States is a member of, or the 
                        Secretary has determined that the enforcement 
                        action is consistent with the requirements 
                        under Federal law for enforcement actions with 
                        respect to illegal, unreported, and unregulated 
                        fishing.
  ``(e) Prohibited Acts.--It is unlawful for any person--
          ``(1) to violate any provision of this Act or any regulation 
        or permit issued pursuant to this Act;
          ``(2) to refuse to permit any officer authorized to enforce 
        the provisions of this Act to board, search, or inspect a 
        vessel, subject to such person's control for the purposes of 
        conducting any search, investigation, or inspection in 
        connection with the enforcement of this Act, any regulation 
        promulgated under this Act, or any Act to which this section 
        applies;
          ``(3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigation, or inspection 
        described in paragraph (2);
          ``(4) to resist a lawful arrest for any act prohibited by 
        this section or any Act to which this section applies;
          ``(5) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detection of an other person, knowing 
        that such person has committed any act prohibited by this 
        section or any Act to which this section applies; or
          ``(6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                  ``(A) any observer on a vessel under this Act or any 
                Act to which this section applies; or
                  ``(B) any data collector employed by the National 
                Marine Fisheries Service or under contract to any 
                person to carry out responsibilities under this Act or 
                any Act to which this section applies.
  ``(f) Civil Penalty.--Any person who commits any act that is unlawful 
under subsection (e) shall be liable to the United States for a civil 
penalty, and may be subject to a permit sanction, under section 308 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858).
  ``(g) Criminal Penalty.--Any person who commits an act that is 
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is 
deemed to be guilty of an offense punishable under section 309(b) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1859(b)).
  ``(h) Utilization of Federal Agency Assets.--''.
  (b) Actions To Improve the Effectiveness of International Fishery 
Management Organizations.--Section 608 of such Act (16 U.S.C. 1826i) is 
amended by--
          (1) inserting before the first sentence the following: ``(a) 
        In General.--'';
          (2) in subsection (a) (as designated by paragraph (1) of this 
        subsection) in the first sentence, inserting ``, or 
        arrangements made pursuant to an international fishery 
        agreement,'' after ``organizations''; and
          (3) adding at the end the following new subsections:
  ``(b) Disclosure of Information.--The Secretary, subject to the data 
confidentiality provisions in section 402 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1881a), may 
disclose, as necessary and appropriate, information, including 
information collected under joint authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) and 
the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et seq.), the 
Western and Central Pacific Fisheries Convention Implementation Act (16 
U.S.C. 6901 et seq.), any other statute implementing an international 
fishery agreement, to any other Federal or State government agency, the 
Food and Agriculture Organization of the United Nations, or the 
secretariat or equivalent of an international fishery management 
organization or arrangement made pursuant to an international fishery 
agreement, if such government, organization, or arrangement, 
respectively, has policies and procedures to protect such information 
from unintended or unauthorized disclosure.
  ``(c) IUU Vessel Lists.--The Secretary may--
          ``(1) develop, maintain, and make public a list of vessels 
        and vessel owners engaged in illegal, unreported, or 
        unregulated fishing or fishing-related activities in support of 
        illegal, unreported, or unregulated fishing, including vessels 
        or vessel owners identified by an international fishery 
        management organization or arrangement made pursuant to an 
        international fishery agreement, that--
                  ``(A) the United States is party to; or
                  ``(B) the United States is not party to, but whose 
                procedures and criteria in developing and maintaining a 
                list of such vessels and vessel owners are 
                substantially similar to such procedures and criteria 
                adopted pursuant to an international fishery agreement 
                to which the United States is a party; and
          ``(2) take appropriate action against listed vessels and 
        vessel owners, including action against fish, fish parts, or 
        fish products from such vessels, in accordance with applicable 
        United States law and consistent with applicable international 
        law, including principles, rights, and obligations established 
        in applicable international fishery management agreements and 
        trade agreements.
  ``(d) Regulations.--The Secretary may promulgate regulations to 
implement this section.''.
  (c) Notification Regarding Identification of Nations.--Section 609(b) 
of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
  ``(b) Notification.--The Secretary shall notify the President and 
that nation of such an identification.''.
  (d) Nations Identified Under Section 610.--Section 610(b)(1) of such 
Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
          ``(1) notify, as soon as possible, the President and nations 
        that have been identified under subsection (a), and also notify 
        other nations whose vessels engage in fishing activities or 
        practices described in subsection (a), about the provisions of 
        this section and this Act;''.
  (e) Effect of Certification Under Section 609.--Section 
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by 
striking ``that has not been certified by the Secretary under this 
subsection, or''.
  (f) Effect of Certification Under Section 610.--Section 610(c)(5) of 
such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has not 
been certified by the Secretary under this subsection, or''.
  (g) Identification of Nations.--
          (1) Scope of identification for actions of fishing vessels.--
        Section 609(a) of such Act (16 U.S.C. 1826j(a)) is amended--
                  (A) in the matter preceding paragraph (1)--
                          (i) by inserting ``, based on a cumulative 
                        compilation and analysis of data collected and 
                        provided by international fishery management 
                        organizations and other nations and 
                        organizations,'' after ``shall''; and
                          (ii) by striking ``2 years'' and inserting 
                        ``3 years'';
                  (B) in paragraph (1), by inserting ``that undermines 
                the effectiveness of measures required by an 
                international fishery management organization, taking 
                into account whether'' after ``(1)''; and
                  (C) in paragraph (1), by striking ``vessels of''.
          (2) Additional grounds for identification.--Section 609(a) of 
        such Act (16 U.S.C. 1826j(a)) is further amended--
                  (A) by redesignating paragraphs (1) and (2) in order 
                as subparagraphs (A) and (B) (and by moving the margins 
                of such subparagraphs 2 ems to the right);
                  (B) by inserting before the first sentence the 
                following:
          ``(1) Identification for actions of fishing vessels.--''; and
                  (C) by adding at the end the following:
          ``(2) Identification for actions of nation.--Taking into 
        account the factors described under section 609(a)(1), the 
        Secretary shall also identify, and list in such report, a 
        nation--
                  ``(A) if it is violating, or has violated at any 
                point during the preceding three years, conservation 
                and management measures required under an international 
                fishery management agreement to which the United States 
                is a party and the violations undermine the 
                effectiveness of such measures; or
                  ``(B) if it is failing, or has failed in the 
                preceding 3-year period, to effectively address or 
                regulate illegal, unreported, or unregulated fishing in 
                areas described under paragraph (1)(B).
          ``(3) Application to other entities.--Where the provisions of 
        this Act are applicable to nations, they shall also be 
        applicable, as appropriate, to other entities that have 
        competency to enter into international fishery management 
        agreements.''.
          (3) Period of fishing practices supporting identification.--
        Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is 
        amended by striking ``calendar year'' and inserting ``three 
        years''.
  (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce $450,000 for each of fiscal 
years 2015 through 2019 to implement the amendments made by subsections 
(b) and (g).
  (i) Technical Corrections.--
          (1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is 
        amended by striking ``whose vessels'' and inserting ``that''.
          (2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is 
        amended by striking ``of its fishing vessels''.
          (3) Section 609(d)(1)(A) of such Act (16 U.S.C. 
        1826j(d)(1)(A)) is amended by striking ``of its fishing 
        vessels''.
          (4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is 
        amended--
                  (A) by striking ``for certification'' and inserting 
                ``to authorize'';
                  (B) by inserting ``the importation'' after ``or other 
                basis'';
                  (C) by striking ``harvesting''; and
                  (D) by striking ``not certified under paragraph (1)'' 
                and inserting ``issued a negative certification under 
                paragraph (1)''.
          (5) Section 610 of such Act (16 U.S.C. 1826k) is amended as 
        follows:
                  (A) In subsection (a)(1), by striking ``practices;'' 
                and inserting ``practices--''.
                  (B) In subsection (c)(4), by striking all preceding 
                subparagraph (B) and inserting the following:
          ``(4) Alternative procedure.--The Secretary may establish a 
        procedure to authorize, on a shipment-by-shipment, shipper-by-
        shipper, or other basis the importation of fish or fish 
        products from a vessel of a nation issued a negative 
        certification under paragraph (1) if the Secretary determines 
        that such imports were harvested by practices that do not 
        result in bycatch of a protected marine species, or were 
        harvested by practices that--
                  ``(A) are comparable to those of the United States, 
                taking into account different conditions; and''.

SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT 
                    ACT.

  (a) Negative Certification Effects.--Section 101 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
          (1) in subsection (a)(2), by striking ``recognized principles 
        of'' after ``in accordance with'';
          (2) in subsection (a)(2)(A), by inserting ``or, as 
        appropriate, for fishing vessels of a nation that receives a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826)'' after ``(1)'';
          (3) in subsection (a)(2)(B), by inserting before the period 
        the following: ``, except for the purposes of inspecting such 
        vessel, conducting an investigation, or taking other 
        appropriate enforcement action'';
          (4) in subsection (b)(1)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet 
        fishing'';
          (5) in subsection (b)(1)(B) and subsection (b)(2), by 
        striking ``or illegal, unreported, or unregulated fishing'' 
        after ``driftnet fishing'' each place it appears;
          (6) in subsection (b)(3)(A)(i), by inserting ``or a negative 
        certification under section 609(d) or section 610(c) of the 
        High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(d), 1826k(c))'' after ``(1)(A)'';
          (7) in subsection (b)(4)(A), by inserting ``or issues a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
          (8) in subsection (b)(4)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet 
        fishing''; and
          (9) in subsection (b)(4)(A)(i), by inserting ``, or to 
        address the offending activities for which a nation received a 
        negative certification under section 609(d) or 610(c) of the 
        High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(d), 1826k(c))'' after ``beyond the exclusive economic 
        zone of any nation''.
  (b) Duration of Negative Certification Effects.--Section 102 of such 
Act (16 U.S.C. 1826b) is amended by--
          (1) striking ``or illegal, unreported, or unregulated 
        fishing''; and
          (2) inserting ``or effectively addressed the offending 
        activities for which the nation received a negative 
        certification under 609(d) or 610(c) of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 
        1826k(c))'' before the period at the end.

SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.

  (a) Unlawful Activities.--Section 810 of the North Pacific Anadromous 
Stocks Act of 1992 (16 U.S.C. 5009) is amended--
          (1) in paragraph (5), by inserting ``, investigation,'' after 
        ``search''; and
          (2) in paragraph (6), by inserting ``, investigation,'' after 
        ``search''.
  (b) Additional Prohibitions and Enforcement.--Section 811 of the 
Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is 
amended to read as follows:

``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

  ``For additional prohibitions relating to this Act and enforcement of 
this Act, see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).''.

SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.

  Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) 
is amended--
          (1) in subsection (a)(2)--
                  (A) by inserting ``, investigation,'' after 
                ``search''; and
                  (B) by striking ``this title;'' and inserting ``this 
                Act;'';
          (2) in subsection (a)(3)--
                  (A) by inserting ``, investigation,'' after 
                ``search''; and
                  (B) by striking ``subparagraph (2);'' and inserting 
                ``paragraph (2);'';
          (3) in subsection (a)(5), by striking ``this title; or'' and 
        inserting ``this Act;''; and
          (4) by striking subsections (b) through (f) and inserting the 
        following:
  ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES 
                    CONVENTION IMPLEMENTATION ACT.

  The Western and Central Pacific Fisheries Convention Implementation 
Act (title V of Public Law 109-479) is amended--
          (1) by amending section 506(c) (16 U.S.C. 6905(c)) to read as 
        follows:
  ``(c) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''; and
          (2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
        ``suspension, on'' and inserting ``suspension, of''.

SEC. 106. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT OF 1988.

  The South Pacific Tuna Act of 1988 is amended--
          (1) in section 5(a) (16 U.S.C. 973c(a))--
                  (A) in paragraph (8), by inserting ``, 
                investigation,'' after ``search''; and
                  (B) in paragraph (10), by inserting ``, 
                investigation,'' after ``search''; and
          (2) by striking sections 7 and 8 (16 U.S.C. 973e and 973f) 
        and inserting the following:

``SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

  ``For additional prohibitions relating to this Act and enforcement of 
this Act, see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).''.

SEC. 107. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES 
                    CONVENTION ACT.

  The Antarctic Marine Living Resources Convention Act of 1984 is 
amended--
          (1) in section 306 (16 U.S.C. 2435)--
                  (A) in paragraph (3), by striking ``which he knows, 
                or reasonably should have known, was'';
                  (B) in paragraph (4), by inserting ``, 
                investigation,'' after ``search''; and
                  (C) in paragraph (5), by inserting ``, 
                investigation,'' after ``search'';
          (2) in section 307 (16 U.S.C. 2436)--
                  (A) by inserting ``(a) In General.--'' before the 
                first sentence; and
                  (B) by adding at the end the following:
  ``(b) Regulations To Implement Conservation Measures.--
          ``(1) In general.--Notwithstanding subsections (b), (c), and 
        (d) of section 553 of title 5, United States Code, the 
        Secretary of Commerce may publish in the Federal Register a 
        final regulation to implement any conservation measure for 
        which the Secretary of State notifies the Commission under 
        section 305(a)(1)--
                  ``(A) that has been in effect for 12 months or less;
                  ``(B) that is adopted by the Commission; and
                  ``(C) with respect to which the Secretary of State 
                does not notify Commission in accordance with section 
                305(a)(1) within the time period allotted for 
                objections under Article IX of the Convention.
          ``(2) Entering into force.--Upon publication of such 
        regulation in the Federal Register, such conservation measure 
        shall enter into force with respect to the United States.''; 
        and
          (3) by striking sections 308 and 309 (16 U.S.C. 2437 and 
        2438) and inserting the following:

``SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

  ``For additional prohibitions relating to this Act and enforcement of 
this Act, see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).''.

SEC. 108. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.

  The Atlantic Tunas Convention Act of 1975 is amended--
          (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
                  (A) by striking ``(A)'' and inserting ``(i)'';
                  (B) by striking ``(B)'' and inserting ``(ii)'';
                  (C) by inserting ``(A)'' after ``(2)''; and
                  (D) by adding at the end the following:
  ``(B) Notwithstanding the requirements of subparagraph (A) and 
subsections (b) and (c) of section 553 of title 5, United States Code, 
the Secretary may issue final regulations to implement Commission 
recommendations referred to in paragraph (1) concerning trade 
restrictive measures against nations or fishing entities.'';
          (2) in section 7 (16 U.S.C. 971e) by striking subsections (e) 
        and (f) and redesignating subsection (g) as subsection (e);
          (3) in section 8 (16 U.S.C. 971f)--
                  (A) by striking subsections (a) and (c); and
                  (B) by inserting before subsection (b) the following:
  ``(a) For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
          (4) in section 8(b) by striking ``the enforcement activities 
        specified in section 8(a) of this Act'' each place it appears 
        and inserting ``enforcement activities with respect to this Act 
        that are otherwise authorized by law''; and
          (5) by striking section 11 (16 U.S.C. 971j) and redesignating 
        sections 12 and 13 as sections 11 and 12, respectively.

SEC. 109. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 1965.

  Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 
U.S.C. 5503(f)) is amended to read as follows:
  ``(f) Validity.--A permit issued under this section for a vessel is 
void if--
          ``(1) any other permit or authorization required for the 
        vessel to fish is expired, revoked, or suspended; or
          ``(2) the vessel is no longer documented under the laws of 
        the United States or eligible for such documentation.''.

SEC. 110. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION 
                    ACT.

  The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is 
amended by amending subsection (e) to read as follows:
  ``(e) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 111. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.

  Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 
773e) is amended--
          (1) in paragraph (a) by redesignating paragraphs (1) through 
        (6) as subparagraphs (A) through (F);
          (2) by redesignating subsections (a) and (b) as paragraphs 
        (1) and (2), respectively;
          (3) in paragraph (1)(B), as so redesignated, by inserting ``, 
        investigation,'' before ``or inspection'';
          (4) in paragraph (1)(C), as so redesignated, by inserting ``, 
        investigation,'' before ``or inspection'';
          (5) in paragraph (1)(E), as so redesignated, by striking 
        ``or'' after the semicolon; and
          (6) in paragraph (1)(F), as so redesignated, by striking 
        ``section.'' and inserting ``section; or''.

SEC. 112. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION ACT 
                    OF 1995.

  Section 207 of the Northwest Atlantic Fisheries Convention Act of 
1995 (16 U.S.C. 5606) is amended--
          (1) in the section heading, by striking ``and penalties'' and 
        inserting ``and enforcement'';
          (2) in subsection (a)(2), by inserting ``, investigation,'' 
        before ``or inspection'';
          (3) in subsection (a)(3), by inserting ``, investigation,'' 
        before ``or inspection''; and
          (4) by striking subsections (b) through (f) and inserting the 
        following:
  ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 113. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
                    MANAGEMENT ACT.

  Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before 
the semicolon the following: ``or any treaty or in contravention of any 
binding conservation measure adopted by an international agreement or 
organization to which the United States is a party''.

           TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION

SEC. 201. SHORT TITLE.

  This title may be cited as the ``Antigua Convention Implementing Act 
of 2011''.

SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.

  Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Tuna Conventions Act of 
1950 (16 U.S.C. 951 et seq.).

SEC. 203. DEFINITIONS.

  Section 2 (16 U.S.C. 951) is amended to read as follows:

``SEC. 2. DEFINITIONS.

  ``In this Act:
          ``(1) Antigua convention.--The term `Antigua Convention' 
        means the Convention for the Strengthening of the Inter-
        American Tropical Tuna Commission Established by the 1949 
        Convention Between the United States of America and the 
        Republic of Costa Rica, signed at Washington, November 14, 
        2003.
          ``(2) Commission.--The term `Commission' means the Inter-
        American Tropical Tuna Commission provided for by the 
        Convention.
          ``(3) Convention.--The term `Convention' means--
                  ``(A) the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission, signed at 
                Washington, May 31, 1949, by the United States of 
                America and the Republic of Costa Rica;
                  ``(B) the Antigua Convention, upon its entry into 
                force for the United States, and any amendments thereto 
                that are in force for the United States; or
                  ``(C) both such Conventions, as the context requires.
          ``(4) Person.--The term `person' means an individual, 
        partnership, corporation, or association subject to the 
        jurisdiction of the United States.
          ``(5) United states.--The term `United States' includes all 
        areas under the sovereignty of the United States.
          ``(6) United states commissioners.--The term `United States 
        commissioners' means the individuals appointed in accordance 
        with section 3(a).''.

SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.

  Section 3 (16 U.S.C. 952) is amended to read as follows:

``SEC. 3. COMMISSIONERS.

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

SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
                    SUBCOMMITTEE.

  Section 4 (16 U.S.C. 953) is amended--
          (1) by striking subsection (a) and inserting the following:
  ``(a) General Advisory Committee.--
          ``(1) Appointments; public participation; compensation.--
                  ``(A) The Secretary, in consultation with the 
                Secretary of State, shall appoint a General Advisory 
                Committee which shall consist of not more than 25 
                individuals who shall be representative of the various 
                groups concerned with the fisheries covered by the 
                Convention, including nongovernmental conservation 
                organizations, providing to the maximum extent 
                practicable an equitable balance among such groups. 
                Members of the General Advisory Committee will be 
                eligible to participate as members of the United States 
                delegation to the Commission and its working groups to 
                the extent the Commission rules and space for 
                delegations allow.
                  ``(B) The chair of the Pacific Fishery Management 
                Council's Advisory Subpanel for Highly Migratory 
                Fisheries and the chair of the Western Pacific Fishery 
                Management Council's Advisory Committee shall be ex-
                officio members of the General Advisory Committee by 
                virtue of their positions in those Councils.
                  ``(C) Each member of the General Advisory Committee 
                appointed under subparagraph (A) shall serve for a term 
                of 3 years and is eligible for reappointment.
                  ``(D) The General Advisory Committee shall be invited 
                to attend all non-executive meetings of the United 
                States delegation and at such meetings shall be given 
                opportunity to examine and to be heard on all proposed 
                programs of investigation, reports, recommendations, 
                and regulations of the Commission.
                  ``(E) The General Advisory Committee shall determine 
                its organization, and prescribe its practices and 
                procedures for carrying out its functions under this 
                title, the Magnuson-Stevens Fishery Conservation and 
                Management Act (16 U.S.C. 1801 et seq.), and the 
                Convention. The General Advisory Committee shall 
                publish and make available to the public a statement of 
                its organization, practices and procedures. Meetings of 
                the General Advisory Committee, except when in 
                executive session, shall be open to the public, and 
                prior notice of meetings shall be made public in timely 
                fashion. The General Advisory Committee shall not be 
                subject to the Federal Advisory Committee Act (5 U.S.C. 
                App.).
          ``(2) Information sharing.--The Secretary and the Secretary 
        of State shall furnish the General Advisory Committee with 
        relevant information concerning fisheries and international 
        fishery agreements.
          ``(3) Administrative matters.--
                  ``(A) The Secretary shall provide to the General 
                Advisory Committee in a timely manner such 
                administrative and technical support services as are 
                necessary for its effective functioning.
                  ``(B) Individuals appointed to serve as a member of 
                the General Advisory Committee--
                          ``(i) shall serve without pay, but while away 
                        from their homes or regular places of business 
                        to attend meetings of the General Advisory 
                        Committee shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, in 
                        the same manner as persons employed 
                        intermittently in the Government service are 
                        allowed expenses under section 5703 of title 5, 
                        United States Code; and
                          ``(ii) shall not be considered Federal 
                        employees except for the purposes of injury 
                        compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.'';
          (2) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
  ``(b) Scientific Advisory Subcommittee.--(1) The Secretary, in 
consultation with the Secretary of State, shall appoint a Scientific 
Advisory Subcommittee of not less than 5 nor more than 15 qualified 
scientists with balanced representation from the public and private 
sectors, including nongovernmental conservation organizations.''; and
          (3) in subsection (b)(3), by striking ``General Advisory 
        Subcommittee'' and inserting ``General Advisory Committee''.

SEC. 206. RULEMAKING.

  Section 6 (16 U.S.C. 955) is amended to read as follows:

``SEC. 6. RULEMAKING.

  ``(a) Regulations.--The Secretary, in consultation with the Secretary 
of State and, with respect to enforcement measures, the Secretary of 
the Department in which the Coast Guard is operating, may promulgate 
such regulations as may be necessary to carry out the United States 
international obligations under the Convention and this Act, including 
recommendations and decisions adopted by the Commission. In cases where 
the Secretary has discretion in the implementation of one or more 
measures adopted by the Commission that would govern fisheries under 
the authority of a Regional Fishery Management Council, the Secretary 
may, to the extent practicable within the implementation schedule of 
the Convention and any recommendations and decisions adopted by the 
Commission, promulgate such regulations as may be necessary to carry 
out the United States international obligations under the Convention 
and this Act, in accordance with the procedures established by the 
Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1801 et seq.).
  ``(b) Jurisdiction.--The Secretary may promulgate regulations as may 
be necessary to carry out the United States international obligations 
under the Convention and this Act, applicable to all vessels and 
persons subject to the jurisdiction of the United States, including 
United States flag vessels wherever they may be operating, on such date 
as the Secretary shall prescribe.''.

SEC. 207. PROHIBITED ACTS.

  Section 8 (16 U.S.C. 957) is amended--
          (1) by striking ``section 6(c) of this Act'' each place it 
        appears and inserting ``section 6''; and
          (2) by adding at the end the following:
  ``(i) Additional Prohibitions and Enforcement.--For prohibitions 
relating to this Act and enforcement of this Act, see section 606 of 
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).''.

SEC. 208. ENFORCEMENT.

  Section 10 (16 U.S.C. 959) is amended to read as follows:

``SEC. 10. ENFORCEMENT.

  ``For enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.

SEC. 209. REDUCTION OF BYCATCH.

  Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and 
inserting ``vessels''.

SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.

  The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et 
seq.) is repealed.

   TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND 
         ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

SEC. 301. SHORT TITLE.

  This title may be cited as the ``Port State Measures Agreement Act of 
2014''.

SEC. 302. PURPOSE.

  The purpose of this title is to implement the Agreement on Port State 
Measures to Prevent, Deter and Eliminate Illegal, Unreported and 
Unregulated Fishing.

SEC. 303. DEFINITIONS.

  As used in this title:
          (1) The term ``Agreement'' means the Agreement on Port State 
        Measures to Prevent, Deter and Eliminate Illegal, Unreported 
        and Unregulated Fishing, done at the Food and Agriculture 
        Organization of the United Nations, in Rome, Italy, November 
        22, 2009, and signed by the United States November 22, 2009.
          (2) The term ``IUU fishing'' means any activity set out in 
        paragraph 3 of the 2001 FAO International Plan of Action to 
        Prevent, Deter and Eliminate Illegal, Unreported and 
        Unregulated Fishing.
          (3) The term ``listed IUU vessel'' means a vessel that is 
        included in a list of vessels having engaged in IUU fishing or 
        fishing-related activities in support of IUU fishing that has 
        been adopted by a regional fisheries management organization of 
        which the United States is a member, or a list adopted by a 
        regional fisheries management organization of which the United 
        States is not a member if the Secretary determines the criteria 
        used by that organization to create the IUU list is comparable 
        to United States criteria for identifying IUU vessels and 
        activities.
          (4) The term ``Magnuson-Stevens Act'' means the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.).
          (5) The term ``person'' has the same meaning as that term has 
        in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
          (6) The term ``RFMO'' means a regional fisheries management 
        organization.
          (7) The term ``Secretary'' means the Secretary of Commerce or 
        his or her designee.
          (8) The term ``vessel'' means any vessel, ship of another 
        type, or boat used for, equipped to be used for, or intended to 
        be used for, fishing or fishing-related activities, including 
        container vessels that are carrying fish that have not been 
        previously landed.
          (9) The term ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life other than 
        marine mammals and birds.
          (10) The term ``fishing''--
                  (A) except as provided in subparagraph (B), means--
                          (i) the catching, taking, or harvesting of 
                        fish;
                          (ii) the attempted catching, taking, or 
                        harvesting of fish;
                          (iii) any other activity which can reasonably 
                        be expected to result in the catching, taking, 
                        or harvesting of fish; or
                          (iv) any operations at sea in support of, or 
                        in preparation for, any activity described in 
                        clauses (i) through (iii).
                  (B) does not include any scientific research activity 
                that is conducted by a scientific research vessel.

SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY.

  (a) Regulations.--The Secretary may, as needed, promulgate such 
regulations, in accordance with section 553 of title 5, United States 
Code, and consistent with the provisions of this title, as may be 
necessary to carry out the purposes of this title to the extent that 
such regulations are not already promulgated.
  (b) Consultation; Utilization of Existing Reporting Mechanisms.--In 
promulgating regulations, procedures, and guidance pursuant to 
subsection (a), the Secretary shall consult with the Secretary of State 
and the Secretary of the department in which the Coast Guard is 
operating. To the maximum extent possible and subject to the data 
confidentiality provisions in section 402 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1881a), such 
procedures shall utilize existing reporting mechanisms maintained and 
operated by the department in which the Coast Guard is operating.
  (c) Ports of Entry.--The Secretary, in consultation with the 
Secretary of Homeland Security and, when the Coast Guard is not 
operating in the Department of Homeland Security, the Secretary of the 
department in which the Coast Guard is operating, may designate and 
publicize the ports to which vessels may seek entry. No port may be 
designated under this section that has not also been designated as a 
port of entry for customs reporting purposes pursuant to section 1433 
of title 19, United States Code, or that is not specified under an 
existing international fisheries agreement.
  (d) Notification.--The Secretary shall provide notification of the 
denial of port entry or the use of port services for a vessel under 
section 305, the withdrawal of the denial of port services for a 
vessel, the taking of enforcement action pursuant to section 306 with 
respect to a vessel, or the results of any inspection of a vessel 
conducted pursuant to this title to the flag nation of the vessel and, 
as appropriate, to the nation of which the vessel's master is a 
national, relevant coastal nations, RFMOs, the Food and Agriculture 
Organization of the United Nations, and other relevant international 
organizations.
  (e) Confirmation That Fish Were Taken in Accordance With Conservation 
and Management Measures.--The Secretary may request confirmation from 
the flag state of a vessel that the fish on board a vessel in a port 
subject to the jurisdiction of the United States were taken in 
accordance with applicable RFMO conservation and management measures.

SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY.

  (a) Submission of Information Required Under Agreement.--All foreign 
vessels seeking entry to a port subject to the jurisdiction of the 
United States must submit to the Secretary of the department in which 
the Coast Guard is operating information as required under the 
Agreement in advance of its arrival in port.
  (b) Decision To Authorize or Deny Port Entry.--The Secretary shall 
decide, based on the information submitted under subsection (a), 
whether to authorize or deny port entry and shall communicate this 
decision to the foreign vessel or to its representative. The Secretary 
may deny entry to--
          (1) any foreign-listed IUU vessel; or
          (2) any foreign vessel the Secretary has reasonable grounds 
        to believe has engaged in IUU fishing or fishing-related 
        activities in support of such fishing or has violated the Act.
  (c) Denial of Use of Port.--If a foreign vessel is in a port subject 
to the jurisdiction of the United States, the Secretary shall deny such 
vessel the use of the port for landing, transshipment, packaging and 
processing of fish, refueling, resupplying, maintenance and drydocking, 
if--
          (1) the vessel entered without authorization under subsection 
        (b);
          (2) the vessel is a listed IUU vessel;
          (3) the flag nation of the vessel has failed to provide 
        confirmation requested by the Secretary that the fish on board 
        were taken in accordance with applicable RFMO conservation and 
        management measures; or
          (4) the Secretary has reasonable grounds to believe--
                  (A) the vessel lacks valid authorizations to engage 
                in fishing or fishing-related activities as required by 
                its flag nation or the relevant coastal nation;
                  (B) the fish on board were taken in violation of 
                foreign law or in contravention of any RFMO 
                conservation and management measure; or
                  (C) the vessel has engaged in IUU fishing or fishing-
                related activities in support of such fishing, 
                including in support of a listed IUU vessel, unless it 
                can establish that--
                          (i) it was acting in a manner consistent with 
                        applicable RFMO conservation and management 
                        measures; or
                          (ii) in the case of the provision of 
                        personnel, fuel, gear, and other supplies at 
                        sea, the vessel provisioned was not, at the 
                        time of provisioning, a listed IUU vessel.
  (d) Exceptions.--Notwithstanding subsections (b) and (c), the 
Secretary may allow port entry or the use of port services--
          (1) if they are essential to the safety or health of the crew 
        or safety of the vessel;
          (2) to allow, where appropriate, for the scrapping of the 
        vessel; or
          (3) pursuant to an inspection or other enforcement action.

SEC. 306. INSPECTIONS.

  The Secretary, and the Secretary of the department in which the Coast 
Guard is operating, shall conduct foreign vessel inspections in ports 
subject to the jurisdiction of the United States as necessary to 
achieve the purposes of the Agreement and this title. If, following an 
inspection, the Secretary has reasonable grounds to believe that a 
foreign vessel has engaged in IUU fishing or fishing-related activities 
in support of such fishing, the Secretary may take enforcement action 
under this title or other applicable law, and shall deny the vessel the 
use of port services, in accordance with section 305.

SEC. 307. PROHIBITED ACTS.

  It is unlawful for any person subject to the jurisdiction of the 
United States--
          (1) to violate any provision of this title or the regulations 
        issued under this title;
          (2) to refuse to permit any authorized officer to board, 
        search, or inspect a vessel that is subject to the person's 
        control in connection with the enforcement of this title or the 
        regulations issued under this title;
          (3) to submit false information pursuant to any requirement 
        under this title or the regulations issued under this title; or
          (4) to commit any offense enumerated in paragraph (4), (5), 
        (7) or (9) of section 707(a) of the Western and Central Pacific 
        Fisheries Convention Implementation Act (16 U.S.C. 6906(a)).

SEC. 308. ENFORCEMENT.

  (a) Existing Authorities and Responsibilities.--The authorities and 
responsibilities under subsections (a), (b), and (c) of section 311 and 
section 308(f) of the Magnuson-Stevens Act (16 U.S.C. 1861, 1858(f)) 
shall apply with respect to enforcement of this title.
  (b) Civil Enforcement.--
          (1) Civil administrative penalties.--
                  (A) In general.--Any person who is found by the 
                Secretary (after notice and opportunity for a hearing 
                in accordance with section 554 of title 5, United 
                States Code) to have committed an act prohibited under 
                section 307 shall be liable to the United States for a 
                civil penalty. The amount of the civil penalty shall be 
                consistent with the amount under section 308(a) of the 
                Magnuson-Stevens Act (16 U.S.C. 1858(a)).
                  (B) Compromise or other action by secretary.--The 
                Secretary shall have the same authority as provided in 
                section 308(e) of the Magnuson-Stevens Act (16 U.S.C. 
                1858(e)) with respect to a violation of this Act.
          (2) In rem jurisdiction.--For purposes of this title, the 
        conditions for in rem liability shall be consistent with 
        section 308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)).
          (3) Action upon failure to pay assessment.--If any person 
        fails to pay an assessment of a civil penalty under this title 
        after it has become a final and unappealable order, or after 
        the appropriate court has entered final judgment in favor of 
        the Secretary, the Secretary shall refer the matter to the 
        Attorney General, who shall recover the amount assessed in any 
        appropriate district court of the United States. In such 
        action, the validity and appropriateness of the final order 
        imposing the civil penalty shall not be subject to review.
  (c) Forfeiture.--
          (1) In general.--The forfeiture provisions of section 310 of 
        the Magnuson-Stevens Act (16 U.S.C. 1860) shall apply in cases 
        in which a person is convicted of an offense in violation of 
        section 309.
          (2) Application of the customs laws.--All provisions of law 
        relating to seizure, summary judgment, and judicial forfeiture 
        and condemnation for violation of the customs laws, the 
        disposition of the property forfeited or condemned or the 
        proceeds from the sale thereof, the remission or mitigation of 
        such forfeitures, and the compromise of claims shall apply to 
        seizures and forfeitures incurred, or alleged to have been 
        incurred, under the provisions of this title, insofar as 
        applicable and not inconsistent with the provisions hereof. For 
        seizures and forfeitures of property under this section by the 
        Secretary, such duties as are imposed upon the customs officer 
        or any other person with respect to the seizure and forfeiture 
        of property under the customs law may be performed by such 
        officers as are designated by the Secretary or, upon request of 
        the Secretary, by any other agency that has authority to manage 
        and dispose of seized property.
          (3) Presumption.--For the purposes of this section there is a 
        rebuttable presumption that all fish, or components thereof, 
        found on board a vessel that is used or seized in connection 
        with a violation of this title (including any regulation 
        promulgated under this Act) were taken, obtained, or retained 
        as a result of IUU fishing or fishing-related activities in 
        support of IUU fishing.
  (d) Criminal Enforcement.--Any person (other than a foreign 
government agency, or entity wholly owned by a foreign government) who 
knowingly commits an act prohibited by section 309 shall be subject to 
subsections (b) and (c) of section 309 of the Magnuson-Stevens Act (16 
U.S.C. 1859).
  (e) Payment of Storage, Care, and Other Costs.--Any person assessed a 
civil penalty for, or convicted of, any violation of this title 
(including any regulation promulgated under this title) and any 
claimant in a forfeiture action brought for such a violation, shall be 
liable for the reasonable costs incurred by the Secretary in storage, 
care, and maintenance of any property seized in connection with the 
violation.

SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE.

  (a) Assistance to Developing Nations and International 
Organizations.--Consistent with existing authority and the availability 
of funds, the Secretary shall provide appropriate assistance to 
developing nations and international organizations of which such 
nations are members to assist those nations in meeting their 
obligations under the Agreement.
  (b) Personnel, Services, Equipment, and Facilities.--In carrying out 
subsection (a), the Secretary may, by agreement, on a reimbursable or 
nonreimbursable basis, utilize the personnel, services, equipment, and 
facilities of any Federal, State, local, or foreign government or any 
entity of any such government.

SEC. 310. RELATIONSHIP TO OTHER LAWS.

  (a) In General.--Nothing in this title shall be construed to displace 
any requirements imposed by the customs laws of the United States or 
any other laws or regulations enforced or administered by the Secretary 
of Homeland Security. Where more stringent requirements regarding port 
entry or access to port services exist under other Federal law, those 
more stringent requirements shall apply. Nothing in this title shall 
affect a vessel's entry into port, in accordance with international 
law, for reasons of force majeure or distress.
  (b) United States Obligations Under International Law.--This title 
shall be interpreted and applied in accordance with United States 
obligations under international law.

                          Purpose of the Bill

    The purpose of H.R. 69 is to strengthen enforcement 
mechanisms to stop illegal, unreported, and unregulated 
fishing, and to amend the Tuna Conventions Act of 1950 to 
implement the Antigua Convention.

                  Background and Need for Legislation

    Illegal, Unregulated and Unreported (IUU) fishing, also 
often referred to as ``pirate'' fishing, has been identified as 
a threat to sustainable fisheries worldwide, and the sale of 
illegally-caught fish undermines markets for legally-caught 
fish. As an example of the effects of IUU fishing on U.S. 
fishermen, it is estimated that 98 million pounds of IUU crab 
entered the global seafood market in 2011 with estimates of 
over $500 million in economic losses to U.S. crab fishermen 
since 2000. This level of economic impact due to IUU fishing is 
not unique to the U.S. or to the crab fishery. In fact, 
according to testimony heard by the Committee, ``Experts 
estimate global economic losses from IUU fishing range between 
$10 and $23.5 billion.''
    The United Nation's Food and Agriculture Organization 
estimates that fish and fishery products are among the most 
traded food commodities worldwide, and in 2010 the United 
States was the largest importer of fish and fishery products 
(followed by Japan, Spain, China, and France). Recent estimates 
show that the U.S. imports more than 90 percent of the seafood 
consumed in the U.S., making the U.S. a potential destination 
for IUU fish.
    In an effort to identify and combat IUU fishing, the 
National Oceanic and Atmospheric Administration (NOAA) 
published a final rule which defined ``illegal, unreported, and 
unregulated fishing'' to mean: ``(1) Fishing activities that 
violate conservation and management measures required under an 
international fishery management agreement to which the United 
States is a party, including catch limits or quotas, capacity 
restrictions, and bycatch reduction requirements; (2) 
Overfishing of fish stocks shared by the United States, for 
which there are no applicable international conservation or 
management measures or in areas with no applicable 
international fishery management organization or agreement, 
that has adverse impacts on such stocks; and (3) Fishing 
activity that has an adverse impact on seamounts, hydrothermal 
vents, and cold water corals located beyond national 
jurisdiction, for which there are no applicable conservation or 
management measures or in areas with no applicable 
international fishery management organization or agreement.''
    According to NOAA, the seafood industry in the U.S.--
harvesters, seafood processors and dealers, seafood wholesalers 
and seafood retailers, taking into account imports and 
multiplier effects--generated $129 billion in sales impacts and 
$37 billion in income impacts, and supported 1.2 million jobs 
in 2011.
    Fishing activities within the U.S. Exclusive Economic Zone 
(EEZ) are regulated under the Magnuson-Stevens Fishery 
Conservation and Management Act (Magnuson-Stevens Act) and 
enforcement of this statute ensures that U.S. vessels adhere to 
conservation and management measures. While the Magnuson-
Stevens Act allows for limited fishing by foreign vessels there 
is currently little or no fishing by foreign vessels in U.S. 
waters. In addition, under the Nicholson Act, foreign vessels 
are generally prohibited from unloading fish and fish products 
in any U.S. port that were harvested or taken onboard a vessel 
on the ``high seas.'' This prohibition on the landing of fish 
from foreign fishing vessels does not apply to: (1) ports in 
the U.S. territories of American Samoa, Guam, and the 
Commonwealth of the Northern Mariana Islands; (2) certain 
landings in the U.S. Virgin Islands; and (3) landings pursuant 
to certain conventions to which the United States is a party. 
While foreign vessels are limited in their ability to directly 
land IUU fish at U.S. ports, IUU fish and other seafood 
products are able to enter the U.S. through other means.
    While fishing activities within U.S. waters are regulated 
and enforced under the Magnuson-Stevens Act, fishing activities 
outside of U.S. waters--especially illegal fishing--can have an 
effect on both U.S. fishermen and the U.S. seafood industry.
    In addition to domestic fisheries management, the U.S. is a 
party to a number of Regional Fishery Management Organizations 
(RFMO) which are usually established by a treaty or other 
formal international agreement and provide a mechanism through 
which nations work together towards the conservation, 
management, and development of fisheries through the adoption 
of fisheries conservation and management measures that are 
binding on their members. In many cases, these RFMOs provide 
conservation and management measures which bind member nations 
and their fishing vessels while fishing on the high seas and 
within the area covered by the treaty or agreement. A number of 
these RFMOs have begun creating lists of vessels which are 
fishing illegally within the RFMO's region, and these vessels 
are then identified as IUU vessels.
    IUU fishing is not a new problem for the U.S. and for U.S. 
fishermen. In 2006, Congress passed H.R. 5946 which became 
Public Law 109-479. The bill, which reauthorized and amended 
the Magnuson-Stevens Act, included a number of provisions in 
Title IV of the bill to allow the U.S. government to take 
unilateral action dealing with IUU fishing.
    The provisions in Title IV of the bill authorized the 
Secretary of Commerce to promote improved monitoring and 
compliance for high seas fisheries or fisheries governed by 
international fishery management agreements. These provisions 
also amended the High Seas Driftnet Fishing Moratorium 
Protection Act to direct the Secretary to report biennially to 
Congress on: (1) U.S. awareness of the status of international 
living marine resources shared by the United States; (2) 
regulatory failures of nations that have been identified as 
having engaged in IUU fishing in high seas fisheries; (3) 
regulatory failures of nations that have been identified as 
having engaged in fishing activities or practices beyond the 
EEZ that result in bycatch of a protected living marine 
resource; (4) corrective actions taken to end IUU fishing 
activities; (5) international progress to strengthen RFMO's 
efforts to end IUU fishing; and (6) steps taken for adopting 
international measures to reduce the impacts of fishing on 
protected living marine resources. The provisions also directed 
the Secretary to take certain actions to improve the 
effectiveness of RMFOs to stop IUU fishing by other nations in 
high seas fisheries.
    The Title IV provisions also required the Secretary to 
identify nations whose vessels have engaged in IUU fishing 
activities or whose fishing vessels have engaged in fishing 
activities which resulted in the bycatch of protected living 
marine resources. Following the identification, the Secretary 
is required to notify offending nations (including the relevant 
RFMOs) and to initiate consultations to encourage the nations 
to take appropriate corrective action or to enter into 
bilateral treaties to end IUU fishing and bycatch of protected 
living marine resources.
    Under the Title IV provisions, the Secretary of the 
Treasury is required, with respect to an offending nation if 
consultations do not result in corrective actions being taken 
by the nation, to: (1) withhold or revoke the clearance of the 
nation's vessels and deny the vessels entry into U.S. navigable 
waters or ports; (2) prohibit the import of fish or fish 
products or sport fishing gear from such nation; and (3) impose 
other economic sanctions if needed.
    Finally, this Title directed the Secretary of Commerce, in 
cooperation with the Secretary of State, to seek international 
action to end overfishing in fisheries that have been 
determined to have been overfished or are approaching a 
condition of being overfished due to excessive international 
fishing, and for which there are no management measures to end 
overfishing under an international agreement with the United 
States. The Secretary was directed to: (1) develop 
recommendations for regulations to address the impact of U.S. 
fishing vessels on highly migratory fish stock in the 
fisheries; and (2) develop and submit recommendations to the 
Secretary of State, and to Congress, for international actions 
to end overfishing in such fisheries.
    As a result of these requirements, in January 2013, NOAA 
released a report to Congress titled ``Improving International 
Fisheries Management.'' This was the third report to Congress 
under this requirement.
    In this report, NOAA identified 10 nations as having been 
engaged in IUU fishing based on violations of international 
conservation and management measures during 2011 and/or 2012. 
The nations identified by the report were Colombia, Ecuador, 
Ghana, Italy, Mexico, Panama, the Republic of Korea, Spain, 
Tanzania, and Venezuela.
    NOAA considered five other nations and fishing entities for 
identification as having engaged in IUU fishing during the 
reporting period, but consultations indicated corrective 
actions had already been taken to address the fishing 
activities of concern, or the allegations of IUU fishing 
activities were refuted. NOAA identified one nation, Mexico, 
for fishing activities involving the bycatch of protected 
living marine resources. In addition, the report contains 
NOAA's certification decisions for the six nations identified 
in the 2011 report and in each case, the nation was found to 
have taken appropriate corrective actions and is receiving a 
positive certification. (A positive certification means that a 
nation has provided documentary evidence that appropriate 
corrective action has been taken to address the IUU fishing 
activities for which it was identified.)
    In the 2011 report to Congress, NOAA had reported that six 
nations had been identified as having vessels which 
participated in IUU fishing in 2009 and/or 2010. These were 
Columbia, Ecuador, Italy, Panama, Portugal, and Venezuela. NOAA 
also reported that six nations which had previously been 
identified as having vessels participating in IUU fishing had 
addressed the concerns raised by the U.S. These nations were 
China, France, Italy, Libya, Panama, and Tunisia.
    In addition to other measures to combat IUU fishing, the 
Agreement on Port State Measures to Prevent, Deter, and 
Eliminate Illegal, Unreported and Unregulated Fishing provides 
tools for nations to deal with IUU fishing and to prevent IUU-
caught fish from entering markets and competing with legally-
caught fish. The Agreement recognizes that all seafood must 
pass through a port to get to market and that nations can 
identify both vessels and nations suspected of conducting or 
condoning IUU fishing and allows nations to use inspections to 
prevent IUU fish from reaching the market.
    The Agreement establishes standards for dockside 
inspections and requires parties to restrict port entry and 
port services to foreign vessels known or suspected of having 
been involved in IUU fishing, particularly those on a RFMO IUU 
fishing vessel list. These standards would increase the risks 
and costs associated with IUU fishing activities and help to 
ensure that IUU fish and fish products do not enter into global 
trade. Implementation of the Port States Agreement will 
ultimately benefit U.S. fishermen, seafood buyers, and 
consumers by preventing IUU vessels from entering our ports and 
diluting the market with illegally-caught seafood product.
    The Port States Agreement established several obligations 
that nations are required to apply to foreign flagged fishing 
vessels seeking entry to that nation's port. Under the 
Agreement, parties are required to: (1) designate ports to 
which foreign flagged vessels may seek entry and to establish a 
process for granting or denying port entry and/or the use of 
port services to foreign flagged fishing vessels; (2) deny port 
entry and the use of port services to vessels that have been 
engaged in IUU fishing, including as indicated by inclusion of 
the vessel on an RFMO IUU vessel list; and (3) share 
information, including inspection results, with the flag 
nations and, as appropriate, other relevant parties and 
entities. H.R. 69, as amended, recognizes those obligations but 
clarifies that the information shared with other appropriate 
entities follows the confidentiality standards of the Magnuson-
Stevens Act.
    The United States signed the Port States Agreement on 
November 22, 2009. The President transmitted the Agreement to 
the Senate on November 14, 2011, and the Senate provided advice 
and consent on April 3, 2014.
    A hearing on H.R. 69 and an unnumbered discussion draft of 
legislation to implement the Agreement on Port State Measures 
to Prevent, Deter, and Eliminate Illegal, Unreported and 
Unregulated Fishing was held on April 3, 2014. Testimony was 
heard from the Department of State, the Department of Commerce, 
and three individuals (two representing the fishing industry).

                            Committee Action

    H.R. 69 was introduced on January 3, 2013, by Delegate 
Madeleine Bordallo (D-GU). The bill was referred to the 
Committee on Natural Resources, and within the Committee to the 
Subcommittee on Fisheries, Wildlife, Oceans and Insular 
Affairs. On April 3, 2014, the Subcommittee held a hearing on 
the bill. On September 18, 2014, the Full Natural Resources 
Committee met to consider the bill. The Subcommittee on 
Fisheries, Wildlife, Oceans and Insular Affairs was discharged 
by unanimous consent. Delegate Bordallo offered an amendment 
designated .002 to the bill; the amendment was adopted by 
unanimous consent. No further amendments were offered, and the 
bill, as amended, was then adopted and ordered favorably 
reported to the House of Representatives by unanimous consent.

            Committee Oversight Findings and Recommendations

    Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of 
rule XIII of the Rules of the House of Representatives, the 
Committee on Natural Resources' oversight findings and 
recommendations are reflected in the body of this report.

                    Compliance With House Rule XIII

    1. Cost of Legislation. Clause 3(d)(1) of rule XIII of the 
Rules of the House of Representatives requires an estimate and 
a comparison by the Committee of the costs which would be 
incurred in carrying out this bill. However, clause 3(d)(2)(B) 
of that rule provides that this requirement does not apply when 
the Committee has included in its report a timely submitted 
cost estimate of the bill prepared by the Director of the 
Congressional Budget Office under section 402 of the 
Congressional Budget Act of 1974. Under clause 3(c)(3) of rule 
XIII of the Rules of the House of Representatives and section 
403 of the Congressional Budget Act of 1974, the Committee has 
requested but not received a cost estimate for this bill from 
the Director of the Congressional Budget Office. The Committee 
believes that enactment of this bill will not have a 
significant effect on the federal budget.
    2. Section 308(a) of Congressional Budget Act. As required 
by clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives and section 308(a) of the Congressional Budget 
Act of 1974, this bill does not contain any new budget 
authority, spending authority, credit authority, or an increase 
or decrease in revenues or tax expenditures.
    3. General Performance Goals and Objectives. As required by 
clause 3(c)(4) of rule XIII, the general performance goal or 
objective of this bill is to strengthen enforcement mechanisms 
to stop illegal, unreported, and unregulated fishing, and to 
amend the Tuna Conventions Act of 1950 to implement the Antigua 
Convention.

                           Earmark Statement

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

                    Compliance With Public Law 104-4

    This bill contains no unfunded mandates.

                       Compliance With H. Res. 5

    Directed Rule Making. The Chairman estimates that this bill 
directs the Secretary of Commerce to conduct five rulemakings.
    Duplication of Existing Programs. This bill does not 
establish or reauthorize a program of the federal government 
known to be duplicative of another program. Such program was 
not included in any report from the Government Accountability 
Office to Congress pursuant to section 21 of Public Law 111-139 
or identified in the most recent Catalog of Federal Domestic 
Assistance published pursuant to the Federal Program 
Information Act (Public Law 95-220, as amended by Public Law 
98-169) as relating to other programs.

                  Federal Advisory Committee Statement

    The functions of the proposed advisory committee authorized 
in the bill are not currently being nor could they be performed 
by one or more agencies, an advisory committee already in 
existence or by enlarging the mandate of an existing advisory 
committee.

                Preemption of State, Local or Tribal Law

    This bill is not intended to preempt any State, local or 
tribal law.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italic, existing law in which no change is 
proposed is shown in roman):

          HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION ACT

           *       *       *       *       *       *       *
TITLE VI--DRIFTNET MORATORIUM

           *       *       *       *       *       *       *

SEC. 606. ENFORCEMENT.

  (a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
this Act, and the Acts to which this section applies, in 
accordance with this section. Each such Secretary may, by 
agreement, on a reimbursable basis or otherwise, utilize the 
personnel services, equipment (including aircraft and vessels), 
and facilities of any other Federal agency, and of any State 
agency, in the performance of such duties.
  (b) Acts to Which Section Applies.--This section applies to--
          (1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
        3631 et seq.);
          (2) the Dolphin Protection Consumer Information Act 
        (16 U.S.C. 1385);
          (3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 
        et seq.);
          (4) the North Pacific Anadromous Stocks Act of 1992 
        (16 U.S.C. 5001 et seq.);
          (5) the South Pacific Tuna Act of 1988 (16 U.S.C. 973 
        et seq.);
          (6) the Antarctic Marine Living Resources Convention 
        Act of 1984 (16 U.S.C. 2431 et seq.);
          (7) the Atlantic Tunas Convention Act of 1975 (16 
        U.S.C. 971 et seq.);
          (8) the Northwest Atlantic Fisheries Convention Act 
        of 1995 (16 U.S.C. 5601 et seq.);
          (9) the Western and Central Pacific Fisheries 
        Convention Implementation Act (16 U.S.C. 6901 et seq.); 
        and
          (10) the North Pacific Halibut Act of 1982 (16 U.S.C. 
        773a et seq.).
  (c) Administration and Enforcement.--
          (1) In general.--The Secretary shall prevent any 
        person from violating this Act, or any Act to which 
        this section applies, in the same manner, by the same 
        means, and with the same jurisdiction, powers, and 
        duties as though sections 308 through 311 of the 
        Magnuson-Stevens Fishery Conservation and Management 
        Act (16 U.S.C. 1858 through 1861) were incorporated 
        into and made a part of and applicable to this Act and 
        each such Act.
          (2) International cooperation.--The Secretary may, 
        subject to appropriations and in the course of carrying 
        out the Secretary's responsibilities under the Acts to 
        which this section applies, engage in international 
        cooperation to help other nations combat illegal, 
        unreported, and unregulated fishing and achieve 
        sustainable fisheries.
  (d) Special Rules.--
          (1) Additional enforcement authority.--In addition to 
        the powers of officers authorized pursuant to 
        subsection (c), any officer who is authorized by the 
        Secretary, or the head of any Federal or State agency 
        that has entered into an agreement with the Secretary 
        under subsection (a), may enforce the provisions of any 
        Act to which this section applies, with the same 
        jurisdiction, powers, and duties as though section 311 
        of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1861) were incorporated into 
        and made a part of each such Act.
          (2) Disclosure of enforcement information.--The 
        Secretary, subject to the data confidentiality 
        provisions in section 402 of the Magnuson-Stevens 
        Fishery Conservation and Management Act (16 U.S.C. 
        1881a), may disclose, as necessary and appropriate, 
        information, including information collected under 
        joint authority of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et 
        seq.) and the Atlantic Tunas Convention Act of 1975 (16 
        U.S.C. 71 et seq.) or the Western and Central Pacific 
        Fisheries Convention Implementation Act (16 U.S.C. 6901 
        et seq.) or other statutes implementing international 
        fishery agreements, to any other Federal or State 
        government agency, the Food and Agriculture 
        Organization of the United Nations, the secretariat or 
        equivalent of an international fishery management 
        organization or arrangement made pursuant to an 
        international fishery agreement, or a foreign 
        government, if--
                  (A) such government, organization, or 
                arrangement has policies and procedures to 
                protect such information from unintended or 
                unauthorized disclosure; and
                  (B) such disclosure is necessary--
                          (i) to ensure compliance with any law 
                        or regulation enforced or administered 
                        by the Secretary;
                          (ii) to administer or enforce any 
                        international fishery agreement to 
                        which the United States is a party;
                          (iii) to administer or enforce a 
                        binding conservation measure adopted by 
                        any international organization or 
                        arrangement to which the United States 
                        is a party;
                          (iv) to assist in any investigative, 
                        judicial, or administrative enforcement 
                        proceeding in the United States; or
                          (v) to assist in any law enforcement 
                        action undertaken by a law enforcement 
                        agency of a foreign government, or in 
                        relation to a legal proceeding 
                        undertaken by a foreign government to 
                        the extent the enforcement action is 
                        consistent with rules and regulations 
                        of a regional fishery management 
                        organization that the United States is 
                        a member of, or the Secretary has 
                        determined that the enforcement action 
                        is consistent with the requirements 
                        under Federal law for enforcement 
                        actions with respect to illegal, 
                        unreported, and unregulated fishing.
  (e) Prohibited Acts.--It is unlawful for any person--
          (1) to violate any provision of this Act or any 
        regulation or permit issued pursuant to this Act;
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this Act to board, search, or 
        inspect a vessel, subject to such person's control for 
        the purposes of conducting any search, investigation, 
        or inspection in connection with the enforcement of 
        this Act, any regulation promulgated under this Act, or 
        any Act to which this section applies;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search, investigation, or 
        inspection described in paragraph (2);
          (4) to resist a lawful arrest for any act prohibited 
        by this section or any Act to which this section 
        applies;
          (5) to interfere with, delay, or prevent, by any 
        means, the apprehension, arrest, or detection of an 
        other person, knowing that such person has committed 
        any act prohibited by this section or any Act to which 
        this section applies; or
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                  (A) any observer on a vessel under this Act 
                or any Act to which this section applies; or
                  (B) any data collector employed by the 
                National Marine Fisheries Service or under 
                contract to any person to carry out 
                responsibilities under this Act or any Act to 
                which this section applies.
  (f) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (e) shall be liable to the United 
States for a civil penalty, and may be subject to a permit 
sanction, under section 308 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1858).
  (g) Criminal Penalty.--Any person who commits an act that is 
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or 
(e)(6) is deemed to be guilty of an offense punishable under 
section 309(b) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1859(b)).
  (h) Utilization of Federal Agency Assets.-- The President 
shall utilize appropriate assets of the Departmen tof Defense, 
the United States Coast Guard, and other Federal agencies to 
detect, monitor, and prevent violations of the United Nations 
moratorium on large-scale driftnet fishing on the highseas for 
all fisheries under the jurisdiction of the United States and, 
in the case of fisheries not under the jurisdiction of the 
United States, to the fullest extent permitted under 
international law.

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE.

  The Secretary, in consultation with the Secretary of State, 
shall provide to Congress, by not later than 2 years after the 
date of enactment of the Magnuson-Stevens Fishery Conservation 
and Management Reauthorization Act of 2006, and every 2 years 
thereafter, a report that includes--
          (1) * * *
          (2) a list of nations [whose vessels] that have been 
        identified under section 609(a) or 610(a), including 
        the specific offending activities and any subsequent 
        actions taken pursuant to section609 or 610;

           *       *       *       *       *       *       *

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

   (a) In General._The Secretary, in consultation with the 
Secretary of State, and in cooperation with relevant fishery 
management councils and any relevant advisory committees, shall 
take actions to improve the effectiveness of international 
fishery management organizations, or arrangements made pursuant 
to an international fishery agreement, in conserving and 
managing fish stocks under their jurisdiction. These actions 
shall include--
          (1) * * *

           *       *       *       *       *       *       *

  (b) Disclosure of Information.--The Secretary, subject to the 
data confidentiality provisions in section 402 of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1881a), may disclose, as necessary and appropriate, 
information, including information collected under joint 
authority of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and 
Central Pacific Fisheries Convention Implementation Act (16 
U.S.C. 6901 et seq.), any other statute implementing an 
international fishery agreement, to any other Federal or State 
government agency, the Food and Agriculture Organization of the 
United Nations, or the secretariat or equivalent of an 
international fishery management organization or arrangement 
made pursuant to an international fishery agreement, if such 
government, organization, or arrangement, respectively, has 
policies and procedures to protect such information from 
unintended or unauthorized disclosure.
  (c) IUU Vessel Lists.--The Secretary may--
          (1) develop, maintain, and make public a list of 
        vessels and vessel owners engaged in illegal, 
        unreported, or unregulated fishing or fishing-related 
        activities in support of illegal, unreported, or 
        unregulated fishing, including vessels or vessel owners 
        identified by an international fishery management 
        organization or arrangement made pursuant to an 
        international fishery agreement, that--
                  (A) the United States is party to; or
                  (B) the United States is not party to, but 
                whose procedures and criteria in developing and 
                maintaining a list of such vessels and vessel 
                owners are substantially similar to such 
                procedures and criteria adopted pursuant to an 
                international fishery agreement to which the 
                United States is a party; and
          (2) take appropriate action against listed vessels 
        and vessel owners, including action against fish, fish 
        parts, or fish products from such vessels, in 
        accordance with applicable United States law and 
        consistent with applicable international law, including 
        principles, rights, and obligations established in 
        applicable international fishery management agreements 
        and trade agreements.
  (d) Regulations.--The Secretary may promulgate regulations to 
implement this section.

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

  (a) Identification.--
          (1) Identification for actions of fishing vessels._
        The Secretary shall, based on a cumulative compilation 
        and analysis of data collected and provided by 
        international fishery management organizations and 
        other nations and organizations, identify, and list in 
        the report under section 607, a nation if fishing 
        vessels of that nation are engaged, or have been 
        engaged at any point during the preceding [2 years] 3 
        years, in illegal, unreported, or unregulated fishing--
                  [(1)] (A) that undermines the effectiveness 
                of measures required by an international 
                fishery management organization, taking into 
                account whether the relevant international 
                fishery management organization has failed to 
                implement effective measures to end the 
                illegal, unreported, or unregulated fishing 
                activity by [vessels of] that nation or the 
                nation is not a party to, or does not maintain 
                cooperating status with, such organization; or
                  [(2)] (B) where no international fishery 
                management organizationexists with a mandate to 
                regulate the fishing activityin question.
          (2) Identification for actions of nation.--Taking 
        into account the factors described under section 
        609(a)(1), the Secretary shall also identify, and list 
        in such report, a nation--
                  (A) if it is violating, or has violated at 
                any point during the preceding three years, 
                conservation and management measures required 
                under an international fishery management 
                agreement to which the United States is a party 
                and the violations undermine the effectiveness 
                of such measures; or
                  (B) if it is failing, or has failed in the 
                preceding 3-year period, to effectively address 
                or regulate illegal, unreported, or unregulated 
                fishing in areas described under paragraph 
                (1)(B).
          (3) Application to other entities.--Where the 
        provisions of this Act are applicable to nations, they 
        shall also be applicable, as appropriate, to other 
        entities that have competency to enter into 
        international fishery management agreements.
  [(b) Notification.--An identification under subsection (a) or 
section 610(a) is deemed to be an identification under 
section101(b)(1)(A) of the High Seas Driftnet Fisheries 
Enforcement Act(16 U.S.C. 1826a(b)(1)(A)), and the Secretary 
shall notify the President and that nation of such 
identification.]
  (b) Notification.--The Secretary shall notify the President 
and that nation of such an identification.

           *       *       *       *       *       *       *

  (d) IUU Certification Procedure.--
          (1) Certification.--The Secretary shall establish a 
        procedure, consistent with the provisions of subchapter 
        II of chapter5 of title 5, United States Code, for 
        determining if a nation identified under subsection (a) 
        and listed in the report under section 607 has taken 
        appropriate corrective action with respect to the 
        offending activities [of its fishing vessels] 
        identified in the report under section 607. The 
        certification procedure shall provide for notice and an 
        opportunity for comment by any such nation. The 
        Secretary shall determine, on the basis of the 
        procedure, and certify to the Congress no later than 
        90days after the date on which the Secretary 
        promulgates a final rule containing the procedure, and 
        biennially there after in the report under section 
        607--
                  (A) whether the government of each nation 
                identified under subsection (a) has provided 
                documentary evidence that it has taken 
                corrective action with respect to the offending 
                activities [of its fishing vessels] identified 
                in thereport; or

           *       *       *       *       *       *       *

          (2) Alternative procedure.--The Secretary may 
        establish a procedure [for certification] to authorize, 
        on a shipment-by-shipment, shipper-by-shipper, or other 
        basis the importation of fish or fish products from a 
        vessel of a [harvesting] nation [not certified under 
        paragraph (1)] issued a negative certification under 
        paragraph (1) if the Secretary determines that--
                  (A) * * *

           *       *       *       *       *       *       *

          (3) Effect of certification.--
                  (A) In general.--The provisions of section 
                101(a) and section 101(b)(3) and (4) of this 
                Act (16 U.S.C. 1826a(a),(b)(3), and (b)(4))--
                          (i) shall apply to any nation 
                        identified under subsection (a) [that 
                        has not been certified by the Secretary 
                        under this subsection, or] for which 
                        the Secretary has issued a negative 
                        certification under this subsection; 
                        but

           *       *       *       *       *       *       *

SEC. 610. EQUIVALENT CONSERVATION MEASURES.

  (a) Identification.--The Secretary shall identify, and list 
in the report under section 607--
          (1) a nation if--
                  (A) fishing vessels of that nation are 
                engaged, or have been engaged during the 
                preceding [calendar year] three years in 
                fishing activities or [practices;] practices--
                          (i) * * *

           *       *       *       *       *       *       *

          (2) a nation if--
                  (A) fishing vessels of that nation are 
                engaged, or havebeen engaged during the 
                preceding [calendar year], in fishing 
                activities or practices in waters beyond any 
                national jurisdictionthat target or 
                incidentally catch sharks; and

           *       *       *       *       *       *       *

  (b) Consultation and Negotiation.--The Secretary, acting 
through the Secretary of State, shall--
          [(1) notify, as soon as possible, other nations whose 
        vessels engage in fishing activities or practices 
        described in subsection(a), about the provisions of 
        this section and this Act;]
          (1) notify, as soon as possible, the President and 
        nations that have been identified under subsection (a), 
        and also notify other nations whose vessels engage in 
        fishing activities or practices described in subsection 
        (a), about the provisions of this section and this Act;

           *       *       *       *       *       *       *

  (c) Conservation Certification Procedure.--
          (1) * * *

           *       *       *       *       *       *       *

          [(4) Alternative procedure.--The Secretary shall 
        establish a procedure for certification, on a shipment-
        by-shipment, shipper-by-shipper, or other basis of fish 
        or fish products from a vessel of a harvesting nation 
        not certified under paragraph (3) if the Secretary 
        determines that such imports were harvested by 
        practices that do not result in by catch of a protected 
        marine species, or were harvested by practices that--
                  [(A) are comparable to those of the United 
                States, taking into account different 
                conditions, and which, in the case of pelagic 
                long line fishing, includes mandatory use of 
                circle hooks, careful handling and release 
                equipment, and training and observer programs; 
                and]
          (4) Alternative procedure.--The Secretary may 
        establish a procedure to authorize, on a shipment-by-
        shipment, shipper-by-shipper, or other basis the 
        importation of fish or fish products from a vessel of a 
        nation issued a negative certification under paragraph 
        (1) if the Secretary determines that such imports were 
        harvested by practices that do not result in bycatch of 
        a protected marine species, or were harvested by 
        practices that--
                  (A) are comparable to those of the United 
                States, taking into account different 
                conditions; and

           *       *       *       *       *       *       *

          (5) Effect of certification.--The provisions of 
        section101(a) and section 101(b)(3) and (4) of this Act 
        (16 U.S.C.1826a(a), (b)(3), and (b)(4)) (except to the 
        extent that such provisions apply to sport fishing 
        equipment or fish or fish products not caught by the 
        vessels engaged in illegal, unreported, or unregulated 
        fishing) shall apply to any nation identified under 
        subsection (a) [that has not been certified by the 
        Secretary under this subsection, or] for which the 
        Secretary has issued a negative certification under 
        this subsection, buts hall not apply to any nation 
        identified under subsection (a) for which the Secretary 
        has issued a positive certification under this 
        subsection.

           *       *       *       *       *       *       *

                              ----------                              

              HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT

           *       *       *       *       *       *       *
            TITLE I--HIGH SEAS LARGE-SCALE DRIFTNET FISHING

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

  (a) Denial of Port Privileges.--
          (1) * * *
          (2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with [recognized 
        principles of] international law--
                  (A) withhold or revoke the clearance required 
                by section 4197 of the Revised Statutes of the 
                United States (46 App. U.S.C. 91) for any 
                large-scale driftnet fishing vessel that is 
                documented under the laws of the United States 
                or of a nation included on a list published 
                under paragraph (1) or, as appropriate, for 
                fishing vessels of a nation that receives a 
                negative certification under section 609(d) or 
                section 610(c) of the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 
                1826); and
                  (B) deny entry of that vessel to any place in 
                the United States and to the navigable waters 
                of the United States, except for the purposes 
                of inspecting such vessel, conducting an 
                investigation, or taking other appropriate 
                enforcement action.

           *       *       *       *       *       *       *

  (b) Sanctions.--
          (1) Identifications.--
                  (A) Initial identifications.--Not later than 
                January 10, 1993, the Secretary of Commerce 
                shall--
                          (i) identify each nation whose 
                        nationals or vessels are conducting 
                        large-scale driftnet fishing [or 
                        illegal, unreported, or unregulated 
                        fishing] beyond the exclusive economic 
                        zone of any nation; and

           *       *       *       *       *       *       *

                  (B) Additional identifications.--At any time 
                after January 10, 1993, whenever the Secretary 
                of Commerce has reason to believe that the 
                nationals or vessels of any nation are 
                conducting large-scale driftnet fishing [or 
                illegal, unreported, or unregulated fishing] 
                beyond the exclusive economic zone of any 
                nation, the Secretary of Commerce shall--
                          (i) * * *

           *       *       *       *       *       *       *

          (2) Consultations.--Not later than 30 days after a 
        nation is identified under paragraph (1)(B), the 
        President shall enter into consultations with the 
        government of that nation for the purpose of obtaining 
        an agreement that will effect the immediate termination 
        of large-scale driftnet fishing [or illegal, 
        unreported, or unregulated fishing] by the nationals or 
        vessels of that nation beyond the exclusive economic 
        zone of any nation.
          (3) Prohibition on imports of fish and fish products 
        and sport fishing equipment.--
                  (A) Prohibition.--The President--
                          (i)upon receipt of notification of 
                        the identification of a nation under 
                        paragraph (1)(A) or a negative 
                        certification under section 609(d) or 
                        section 610(c) of the High Seas 
                        Driftnet Fishing Moratorium Protection 
                        Act (16 U.S.C. 1826j(d), 1826k(c)); or

           *       *       *       *       *       *       *

          (4) Additional economic sanctions.--
                  (A) Determination of effectiveness of 
                sanctions.--Not later than six months after the 
                date the Secretary of Commerce identifies a 
                nation under paragraph (1) or issues a negative 
                certification under section 609(d) or section 
                610(c) of the High Seas Driftnet Fishing 
                Moratorium Protection Act (16 U.S.C. 1826j(d), 
                1826k(c)), the Secretary shall determine 
                whether--
                          (i) any prohibition established under 
                        paragraph (3) is insufficient to cause 
                        that nation to terminate large-scale 
                        driftnet fishing [or illegal, 
                        unreported, or unregulated fishing] 
                        conducted by its nationals and vessels 
                        beyond the exclusive economic zone of 
                        any nation, or to address the offending 
                        activities for which a nation received 
                        a negative certification under section 
                        609(d) or 610(c) of the High Seas 
                        Driftnet Fishing Moratorium Protection 
                        Act (16 U.S.C. 1826j(d), 1826k(c)); or

           *       *       *       *       *       *       *

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

  Any denial of port privileges or sanction under section 101 
with respect to a nation shall remain in effect until such time 
as the Secretary of Commerce certifies to the President and the 
Congress that such nation has terminated large-scale driftnet 
fishing [or illegal, unreported, or unregulated fishing] by its 
nationals and vessels beyond the exclusive economic zone of any 
nation or effectively addressed the offending activities for 
which the nation received a negative certification under 609(d) 
or 610(c) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826j(d), 1826k(c)).

           *       *       *       *       *       *       *

                              ----------                              

              NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992

           *       *       *       *       *       *       *
TITLE VIII--NORTH PACIFIC ANADROMOUS STOCKS CONVENTION

           *       *       *       *       *       *       *

SEC. 810. UNLAWFUL ACTIVITIES.

   It is unlawful for any person or fishing vessel subject to 
the jurisdiction of the United States--
          (1) * * *

           *       *       *       *       *       *       *

          (5) to refuse to permit any enforcement officer to 
        board a fishing vessel subject to such person's control 
        for purposes of conducting any search, investigation, 
        or inspection in connection with the enforcement of the 
        Convention, this title, or any regulation issued under 
        this title;
          (6) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any enforcement officer 
        in the conduct of any search, investigation, or 
        inspection described in paragraph (5);

           *       *       *       *       *       *       *

                              ----------                              

             NORTHERN PACIFIC ANADROMOUS STOCKS ACT OF 1992

[SECTION 811. PENALTIES

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

SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT

  For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
                              ----------                              

                   PACIFIC SALMON TREATY ACT OF 1985

           *       *       *       *       *       *       *
SEC. 8. PROHIBITED ACTS AND PENALTIES.

  (a) It is unlawful for any person or vessel subject to the 
jurisdiction of the United States--
          (1) * * *
          (2) to refuse to permit any officer authorized to 
        enforce the provisions of this title to board a fishing 
        vessel subject to such person's control for purposes of 
        conducting any search, investigation, or inspection in 
        connection with the enforcement of [this title;] this 
        Act;
          (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized 
        officer in the conduct of any search, investigation, or 
        inspection described in [subparagraph (2)] paragraph 
        (2);

           *       *       *       *       *       *       *

          (5) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control, or 
        possession of, any fish taken or retained in violation 
        of [this title; or] this Act;

           *       *       *       *       *       *       *

  [(b) Any person who commits any act that is unlawful under 
subsection (a) of this section shall be liable to the United 
States for a civil penalty as provided by section 308 of the 
Magnuson Act (16 U.S.C. 1858).
  [(c) Any person who commits an act that is unlawful under 
paragraph (2), (3), (4), or (6) of subsection (a) of this 
section shall be guilty of an offense punishable as provided by 
section 309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
  [(d)(1) Any vessel (including its gear, furniture, 
appurtenances, stores, and cargo) used in the commission of an 
act which is prohibited under subsection (a) of this section, 
and any fish (or the fair market value thereof) taken or 
retained, in any manner, in connection with or as a result of 
the commission of any act which is prohibited by subsection (a) 
of this section, shall be subject to forfeiture as provided by 
section 310 of the Magnuson Act (16 U.S.C. 1860).
  [(2) Any fish seized pursuant to this title may be disposed 
of pursuant to the order of a court of competent jurisdiction 
or, if perishable, in a manner prescribed by regulation of the 
Secretary.
  [(e) The Secretary and the Secretary of the Department in 
which the Coast Guard is operating shall enforce the provisions 
of this title and shall have the authority provided by 
subsections 311 (a), (b)(1), and (c) of the Magnuson Act (16 
U.S.C. 1861 (a), (b)(1), and (c)).
  [(f) The district courts of the United States shall have 
exclusive jurisdiction over any case or controversy arising 
under this section and may, at any time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interest 
        of justice.]
  (b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *

                              ----------                              

  WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION IMPLEMENTATION ACT

           *       *       *       *       *       *       *
   TITLE V--IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES 
CONVENTION

           *       *       *       *       *       *       *

SEC. 506. ENFORCEMENT.

  (a) * * *

           *       *       *       *       *       *       *

  [(c) Actions by the Secretary.--The Secretary shall prevent 
any person from violating this title in the same manner, by the 
same means, and with the same jurisdiction, powers, and duties 
as though all applicable terms and provisions of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 
1857) were incorporated into and made a part of this title. Any 
person that violates any provision of this title is subject to 
the penalties and entitled to the privileges and immunities 
provided in the Magnuson-Stevens Fishery Conservation and 
Management Act in the same manner, by the same means, and with 
the same jurisdiction, power, and duties as though all 
applicable terms and provisions of that Act were incorporated 
into and made a part of this title.]
  (c) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *

SEC. 507. PROHIBITED ACTS.

  (a) In General.--It is unlawful for any person--
          (1) * * *
          (2) to use any fishing vessel to engage in fishing 
        after the revocation, or during the period of 
        [suspension, on] suspension, of an applicable permit 
        issued pursuant to this title;

           *       *       *       *       *       *       *

                              ----------                              

                     SOUTH PACIFIC TUNA ACT OF 1988

           *       *       *       *       *       *       *
SEC. 5. PROHIBITED ACTS.

  (a) Except as provided in section 6 of this Act, it is 
unlawful for any person subject to the jurisdiction of the 
United States--
          (1) * * *

           *       *       *       *       *       *       *

          (8) to refuse to permit any Authorized Officer or 
        Authorized Party Officer to board a fishing vessel for 
        purposes of conducting a search, investigation, or 
        inspection in connection with the enforcement of this 
        Act or the Treaty;

           *       *       *       *       *       *       *

          (10) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with--
                  (A) any Authorized Officer or Authorized 
                Party Officer in the conduct of a search, 
                investigation, or inspection in connection with 
                the enforcement of this Act or the Treaty; or

           *       *       *       *       *       *       *

[SEC. 7. CRIMINAL OFFENSES.

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

[SEC. 8. CIVIL PENALTIES.

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

SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

  For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *

                              ----------                              

        ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT OF 1984

           *       *       *       *       *       *       *
TITLE III--ANTARCTIC MARINE LIVING RESOURCES CONVENTION

           *       *       *       *       *       *       *

SEC. 306. UNLAWFUL ACTIVITIES.

   It is unlawful for any person--
          (1) * * *

           *       *       *       *       *       *       *

          (3) to ship, transport, offer for sale, sell, 
        purchase, import, export, or have custody, control or 
        possession of, any Antarctic marine living resource (or 
        part or product thereof) [which he knows, or reasonably 
        should have known, was] harvested in violation of a 
        conservation measure in force with respect to the 
        United States pursuant to article IX of the Convention 
        or in violation of any regulation promulgated under 
        this title, without regard to the citizenship of the 
        person that harvested, or vessel that was used in the 
        harvesting of, the Antarctic marine living resource (or 
        part or product thereof);
          (4) to refuse to permit any authorized officer or 
        employee of the United States to board a vessel of the 
        United States or a vessel subject to the jurisdiction 
        of the United States for purposes of conducting any 
        search, investigation, or inspection in connection with 
        the enforcement of the Convention, this title, or any 
        regulations promulgated under this title;
          (5) to assault, resist, oppose, impede, intimidate, 
        or interfere with any authorized officer or employee of 
        the United States in the conduct of any search, 
        investigation, or inspection described in paragraph 
        (4);

           *       *       *       *       *       *       *

SEC. 307. REGULATIONS.

   (a) In General._The Secretary of Commerce, after 
consultation with the Secretary of State, the Secretary of the 
department in which the Coast Guard is operating, and the heads 
of other appropriate departments or agencies of the United 
States, shall promulgate such regulations as are necessary and 
appropriate to implement the provisions of this title.
  (b) Regulations to Implement Conservation Measures.--
          (1) In general.--Notwithstanding subsections (b), 
        (c), and (d) of section 553 of title 5, United States 
        Code, the Secretary of Commerce may publish in the 
        Federal Register a final regulation to implement any 
        conservation measure for which the Secretary of State 
        notifies the Commission under section 305(a)(1)--
                  (A) that has been in effect for 12 months or 
                less;
                  (B) that is adopted by the Commission; and
                  (C) with respect to which the Secretary of 
                State does not notify Commission in accordance 
                with section 305(a)(1) within the time period 
                allotted for objections under Article IX of the 
                Convention.
          (2) Entering into force.--Upon publication of such 
        regulation in the Federal Register, such conservation 
        measure shall enter into force with respect to the 
        United States.

[SEC. 308. CIVIL PENALTIES.

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

[SEC. 309. CRIMINAL OFFENSES.

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

SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

  For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *

                              ----------                              

                 ATLANTIC TUNAS CONVENTION ACT OF 1975

           *       *       *       *       *       *       *
                             administration

  Sec. 6. (a) * * *

           *       *       *       *       *       *       *

  (c)(1) * * *
  (2)(A) To promulgate regulations referred to in paragraph (1) 
of this subsection, the Secretary shall publish in the Federal 
Register a general notice of proposed rulemaking and shall 
afford interested persons an opportunity to participate in the 
rulemaking through [(A)] (i) submission of written data, views, 
or arguments, and [(B)] (ii) oral presentation at a public 
hearing. Such regulations shall be published in the Federal 
Register and shall be accompanied by a statement of the 
considerations involved in the issuance of the regulations, and 
by a statement, based on inquiries and investigations, 
assessing the nature and effectiveness of the measures for the 
implementation of the Commission's recommendations which are 
being or will be carried out by countries whose vessels engage 
in fishing the species subject to such recommendations within 
the waters to which the Convention applies. After publication 
in the Federal Register, such regulations shall be applicable 
to all vessels and persons subject to the jurisdiction of the 
United States on such date as the Secretary shall prescribe. 
The Secretary shall suspend at any time the application of any 
such regulation when, after consultation with the Secretary of 
State and the United States Commissioners, he determines that 
fishing operations in the Convention area of a contracting 
party for whom the regulations are effective are such as to 
constitute a serious threat to the achievement of the 
Commission's recommendations.
  (B) Notwithstanding the requirements of subparagraph (A) and 
subsections (b) and (c) of section 553 of title 5, United 
States Code, the Secretary may issue final regulations to 
implement Commission recommendations referred to in paragraph 
(1) concerning trade restrictive measures against nations or 
fishing entities.

           *       *       *       *       *       *       *

     violations; fines and forfeitures; application of related laws

  Sec. 7. (a) * * *

           *       *       *       *       *       *       *

  [(e) The civil penalty and permit sanctions of section 308 of 
the Magnuson-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1858) are hereby made applicable to violations of 
this section as if they were violations of section 307 of that 
Act.
  [(f) All fish taken or retained in violation of subsection 
(a) of this section, or the monetary value thereof, may be 
forfeited.]
  [(g)] (e) All provisions of law relating to the seizure, 
judicial forfeiture, and condemnation of a cargo for violation 
of the customs laws, the disposition of such cargo or the 
proceeds from the sale thereof, and the remission or mitigation 
of such forfeitures shall apply to seizures and forfeitures 
incurred, or alleged to have been incurred, under the 
provisions of this Act, insofar as such provisions of law are 
applicable and not inconsistent with the provisions of this 
Act.

                              enforcement

  Sec. 8. [(a) Any person authorized in accordance with the 
provisions of this Act to enforce the provisions of this Act 
and the regulations issued thereunder may--
          [(1) with or without a warrant, board any vessel 
        subject to the jurisdiction of the United States and 
        inspect such vessel and its catch and, if as a result 
        of such inspection, he has reasonable cause to believe 
        that such vessel or any person on board is engaging in 
        operations in violation of this Act or any regulations 
        issued thereunder, he may, with or without a warrant or 
        other process, arrest such person;
          [(2) arrest, with or without a warrant, any person 
        who violates the provisions of this Act or any 
        regulation issued thereunder in his presence or view;
          [(3) execute any warrant or other process issued by 
        an officer or court of competent jurisdiction; and
          [(4) seize, whenever and wherever lawfully found, all 
        fish taken or retained by a vessel subject to the 
        jurisdiction of the United States in violation of the 
        provisions of this Act or any regulations issued 
        pursuant thereto. Any fish so seized may be disposed of 
        pursuant to an order of a court of competent 
        jurisdiction, or, if perishable, in a manner prescribed 
        by regulation of the Secretary.]
  (a) For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).
  (b) To the extent authorized under the convention or by 
agreements between the United States and any contracting party 
concluded pursuant to section 5(b) of this Act for 
international enforcement, the duly authorized officials of 
such party shall have the authority to carry out [the 
enforcement activities specified in section 8(a) of this Act] 
enforcement activities with respect to this Act that are 
otherwise authorized by law with respect to persons or vessels 
subject to the jurisdiction of the United States, and the 
officials of the United States authorized pursuant to this 
section shall have the authority to carry out [the enforcement 
activities specified in section 8(a) of this Act] enforcement 
activities with respect to this Act that are otherwise 
authorized by law with respect to persons or vessels subject to 
the jurisdiction of such party, except that where any agreement 
provides for arrest or seizure of persons or vessels under 
United States jurisdiction it shall also provide that the 
person or vessel arrested or seized shall be promptly handed 
over to a United States enforcement officer or another 
authorized United States official.
  [(c) Notwithstanding the provisions of section 2464 of title 
28, United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any fish seized if the process has been 
levied, on receiving from the claimant of the fish a bond or 
stipulation for the value of the property with sufficient 
surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court. In the discretion of the accused, and 
subject to the direction of the court, the fish may be sold for 
not less than its reasonable market value at the time of 
seizure and the proceeds of such sale placed in the registry of 
the court pending judgment in the case.]

           *       *       *       *       *       *       *

                             [annual report

  [Sec. 11. Not later than April 1, 1996, and annually 
thereafter, the Secretary shall prepare and transmit to the 
Committee on Resources of the House of Representatives and the 
Committee on Commerce, Science, and Transportation of the 
Senate a report, that--
          [(1) details for the previous 10-year period the 
        catches and exports to the United States of highly 
        migratory species (including tunas, swordfish, marlin 
        and sharks) from Nations fishing on Atlantic stocks of 
        such species that are subject to management by the 
        Commission;
          [(2) identifies those fishing Nations whose harvests 
        are inconsistent with conservation and management 
        recommendations of the Commission;
          [(3) describes reporting requirements established by 
        the Secretary to ensure that imported fish products are 
        in compliance with all international management 
        measures, including minimum size requirements, 
        established by the Commission and other international 
        fishery organizations to which the United States is a 
        party; and
          [(4) describes actions taken by the Secretary under 
        section 6.]

                             savings clause

  Sec. [12.]  11. Nothing in this Act shall have the effect of 
diminishing the rights and obligations of any Nation under 
Article VIII(3) of the Convention.

                              separability

  Sec. [13.]  12. If any provision of this Act or the 
applications of such provision to any circumstance or persons 
shall be held invalid, the validity of the remainder of the Act 
and the applicability of such provision to other circumstances 
or persons shall not be affected thereby.
                              ----------                              

                HIGH SEAS FISHING COMPLIANCE ACT OF 1995

           *       *       *       *       *       *       *
TITLE I--HIGH SEAS FISHING COMPLIANCE

           *       *       *       *       *       *       *

SEC. 104. PERMITTING.

  (a) * * *

           *       *       *       *       *       *       *

  [(f) Duration.--A permit issued under this section is valid 
for 5 years. A permit issued under this section is void in the 
event the vessel is no longer eligible for United States 
documentation, such documentation is revoked or denied, or the 
vessel is deleted from such documentation.]
  (f) Validity.--A permit issued under this section for a 
vessel is void if--
          (1) any other permit or authorization required for 
        the vessel to fish is expired, revoked, or suspended; 
        or
          (2) the vessel is no longer documented under the laws 
        of the United States or eligible for such 
        documentation.

           *       *       *       *       *       *       *

                              ----------                              

              DOLPHIN PROTECTION CONSUMER INFORMATION ACT

                           dolphin protection

  Sec. 901. (a) * * *

           *       *       *       *       *       *       *

  [(e) Enforcement.--Any person who knowingly and willfully 
makes a statement or endorsement described in subsection 
(d)(2)(B) that is false is liable for a civil penalty of not to 
exceed $100,000 assessed in an action brought in any 
appropriate district court of the United States on behalf of 
the Secretary.]
  (e) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).
                              ----------                              

                  NORTHERN PACIFIC HALIBUT ACT OF 1982

           *       *       *       *       *       *       *
  Sec. 7. It is unlawful--
          [(a)] (1) for any person subject to the jurisdiction 
        of the United States--
                  [(1)] (A) to violate any provision of the 
                Convention, this Act or any regulation adopted 
                under this Act;
                  [(2)] (B) to refuse to permit any enforcement 
                officer to board a fishing vessel subject to 
                such person's control for purposes of 
                conducting any search, investigation, or 
                inspection in connection with the enforcement 
                of the Convention, this Act or any regulation 
                adopted under this Act;
                  [(3)] (C) to forcibly assault, resist, 
                oppose, impede, intimidate or interfere with 
                any enforcement officer in the conduct of any 
                search, investigation, or inspection described 
                in paragraph (2);
                  [(4)] (D) to resist a lawful arrest or 
                detention for any act prohibited by this 
                section;
                  [(5)] (E) to ship, transport, offer for sale, 
                sell, purchase, import, export or have custody, 
                control or possession of, any fish taken or 
                retained in violation of the Convention, this 
                Act, or any regulation adopted under this Act; 
                [or]
                  [(6)] (F) to interfere with, delay or 
                prevent, by any means, the apprehension, arrest 
                or detention of another person, knowing that 
                such person has committed any act prohibited by 
                this [section.] section; or
          [(b)] (2) for any foreign fishing vessel, and for the 
        owner or operator of any foreign fishing vessel, to 
        engage in fishing for halibut in the fishery 
        conservation zone, unless such fishing is authorized 
        by, and conducted in accordance with the Convention, 
        this Act and regulations adopted under this Act.

           *       *       *       *       *       *       *

                              ----------                              

          NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 1995

           *       *       *       *       *       *       *
     TITLE II--IMPLEMENTATION OF CONVENTION ON FUTURE MULTILATERAL 
COOPERATION IN THE NORTHWEST ATLANTIC FISHERIES

           *       *       *       *       *       *       *

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

  (a) Prohibition.--It is unlawful for any person or vessel 
that is subject to the jurisdiction of the United States--
          (1) * * *
          (2) to refuse to permit any authorized enforcement 
        officer to board a fishing vessel that is subject to 
        the person's control for purposes of conducting any 
        search, investigation, or inspection in connection with 
        the enforcement of this title, any regulation issued 
        under this title, or any measure that is legally 
        binding on the United States under the Convention;
          (3) forcibly to assault, resist, oppose, impede, 
        intimidate, or interfere with any authorized 
        enforcement officer in the conduct of any search, 
        investigation, or inspection described in paragraph 
        (2);

           *       *       *       *       *       *       *

  [(b) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (a) shall be liable to the United 
States for a civil penalty, or may be subject to a permit 
sanction, under section 308 of the Magnuson Act (16 U.S.C. 
1858).
  [(c) Criminal Penalty.--Any person who commits an act that is 
unlawful under paragraph (2), (3), (4), or (6) of subsection 
(a) shall be guilty of an offense punishable under section 
309(b) of the Magnuson Act (16 U.S.C. 1859(b)).
  [(d) Civil Forfeitures.--
          [(1) In general.--Any vessel (including its gear, 
        furniture, appurtenances, stores, and cargo) used in 
        the commission of an act that is unlawful under 
        subsection (a), and any fish (or the fair market value 
        thereof) taken or retained, in any manner, in 
        connection with or as a result of the commission of any 
        act that is unlawful under subsection (a), shall be 
        subject to seizure and forfeiture as provided in 
        section 310 of the Magnuson Act (16 U.S.C. 1860).
          [(2) Disposal of fish.--Any fish seized pursuant to 
        this title may be disposed of pursuant to the order of 
        a court of competent jurisdiction or, if perishable, in 
        a manner prescribed by regulations issued by the 
        Secretary.
  [(e) Enforcement.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce 
the provisions of this title and shall have the authority 
specified in section 311 (a), (b)(1), and (c) of the Magnuson 
Act (16 U.S.C. 1861 (a), (b)(1), and (c)) for that purpose.
  [(f) Jurisdiction of Courts.--The district courts of the 
United States shall have exclusive jurisdiction over any case 
or controversy arising under this section and may, at any 
time--
          [(1) enter restraining orders or prohibitions;
          [(2) issue warrants, process in rem, or other 
        process;
          [(3) prescribe and accept satisfactory bonds or other 
        security; and
          [(4) take such other actions as are in the interests 
        of justice.]
  (b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *

                              ----------                              

        MAGNUSON-STEVENS FISHERY CONSERVATION AND MANAGEMENT ACT

           *       *       *       *       *       *       *
TITLE III--NATIONAL FISHERY MANAGEMENT PROGRAM

           *       *       *       *       *       *       *

SEC. 307. PROHIBITED ACTS.

   It is unlawful--
          (1) for any person--
                  (A) * * *

           *       *       *       *       *       *       *

                  (Q) to import, export, transport, sell, 
                receive, acquire, or purchase in interstate or 
                foreign commerce any fish taken, possessed, 
                transported, or sold in violation of any 
                foreign law or regulation or any treaty or in 
                contravention of any binding conservation 
                measure adopted by an international agreement 
                or organization to which the United States is a 
                party; or

           *       *       *       *       *       *       *

                              ----------                              

                      TUNA CONVENTIONS ACT OF 1950

           *       *       *       *       *       *       *
  [Sec. 2. As used in this Act, the term--
          [(a) ``convention'' includes (1) the Convention for 
        the Establishment of an International Commission for 
        the Scientific Investigation of Tuna, signed at Mexico 
        City January 25, 1949, by the United States of America 
        and the United Mexican States, (2) the Convention for 
        the Establishment of an Inter-American Tropical Tuna 
        Commission, signed at Washington May 31, 1949, by the 
        United States of America and the Republic of Costa 
        Rica, or both such conventions, as the context 
        requires;
          [(b) ``commission'' includes (1) the International 
        Commission for the Scientific Investigation of Tuna, 
        (2) the Inter-American Tropical Tuna Commission 
        provided for by the conventions referred to in 
        subsection (a) of this section, or both such 
        commissions, as the context requires;
          [(c) ``United States Commissioners'' means the 
        members of the commissions referred to in subsection 
        (b) of this section representing the United States of 
        America and appointed pursuant to the terms of the 
        pertinent convention and section 3 of this Act;
          [(d) ``person'' means every individual, partnership, 
        corporation, and association subject to the 
        jurisdiction of the United States; and
          [(e) ``United States'' shall include all areas under 
        the sovereignty of the United States, the Trust 
        Territory of the Pacific Islands, and the Canal Zone.
  [Sec. 3. The United States shall be represented on the two 
commissions by a total of not more than four United States 
Commissioners, who shall be appointed by the President, serve 
as such during his pleasure, and receive no compensation for 
their services as such Commissioners. Individuals serving as 
such Commissioners shall not be considered to be Federal 
employees while performing such service, except for purposes of 
injury compensation or tort claims liability as provided in 
chapter 81 of title 5, United States Code, and chapter 171 of 
title 28, United States Code. Of such Commissioners--
          [(a) not more than one shall be a person residing 
        elsewhere than in a State whose vessels maintain a 
        substantial fishery in the areas of the conventions;
          [(b) at least one of the Commissioners who are such 
        legal residents shall be a person chosen from the 
        public at large, and who is not a salaried employee of 
        a State or of the Federal Government;
          [(c) at least one shall be either the Administrator, 
        or an appropriate officer, of the National Marine 
        Fisheries Service; and
          [(d) at least one shall be chosen from a 
        nongovernmental conservation organization.]

SEC. 2. DEFINITIONS.

  In this Act:
          (1) Antigua convention.--The term ``Antigua 
        Convention'' means the Convention for the Strengthening 
        of the Inter-American Tropical Tuna Commission 
        Established by the 1949 Convention Between the United 
        States of America and the Republic of Costa Rica, 
        signed at Washington, November 14, 2003.
          (2) Commission.--The term ``Commission'' means the 
        Inter-American Tropical Tuna Commission provided for by 
        the Convention.
          (3) Convention.--The term ``Convention'' means--
                  (A) the Convention for the Establishment of 
                an Inter-American Tropical Tuna Commission, 
                signed at Washington, May 31, 1949, by the 
                United States of America and the Republic of 
                Costa Rica;
                  (B) the Antigua Convention, upon its entry 
                into force for the United States, and any 
                amendments thereto that are in force for the 
                United States; or
                  (C) both such Conventions, as the context 
                requires.
          (4) Person.--The term ``person'' means an individual, 
        partnership, corporation, or association subject to the 
        jurisdiction of the United States.
          (5) United states.--The term ``United States'' 
        includes all areas under the sovereignty of the United 
        States.
          (6) United states commissioners.--The term ``United 
        States commissioners'' means the individuals appointed 
        in accordance with section 3(a).

SEC. 3. COMMISSIONERS.

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

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

  [(a) Appointments; Public Participation; Compensation.--The 
Secretary, in consultation with the United States 
Commissioners, shall--
          [(1) appoint a General Advisory Committee which shall 
        be composed of not less than 5 nor more than 15 persons 
        with balanced representation from the various groups 
        participating in the fisheries included under the 
        conventions, and from nongovernmental conservation 
        organizations;
          [(2) appoint a Scientific Advisory Subcommittee which 
        shall be composed of not less than 5 nor more than 15 
        qualified scientists with balanced representation from 
        the public and private sectors, including 
        nongovernmental conservation organizations;
          [(3) establish procedures to provide for appropriate 
        public participation and public meetings and to provide 
        for the confidentiality of confidential business data; 
        and
          [(4) fix the terms of office of the members of the 
        General Advisory Committee and Scientific Advisory 
        Subcommittee, who shall receive no compensation for 
        their services as such members.
  [(b) Functions.--
          [(1) General advisory committee.--The General 
        Advisory Committee shall be invited to have 
        representatives attend all nonexecutive meetings of the 
        United States sections and shall be given full 
        opportunity to examine and to be heard on all proposed 
        programs of investigations, reports, recommendations, 
        and regulations of the Commission. The General Advisory 
        Committee may attend all meetings of the international 
        commissions to which they are invited by such 
        commissions.]
  (a) General Advisory Committee.--
          (1) Appointments; public participation; 
        compensation.--
                  (A) The Secretary, in consultation with the 
                Secretary of State, shall appoint a General 
                Advisory Committee which shall consist of not 
                more than 25 individuals who shall be 
                representative of the various groups concerned 
                with the fisheries covered by the Convention, 
                including nongovernmental conservation 
                organizations, providing to the maximum extent 
                practicable an equitable balance among such 
                groups. Members of the General Advisory 
                Committee will be eligible to participate as 
                members of the United States delegation to the 
                Commission and its working groups to the extent 
                the Commission rules and space for delegations 
                allow.
                  (B) The chair of the Pacific Fishery 
                Management Council's Advisory Subpanel for 
                Highly Migratory Fisheries and the chair of the 
                Western Pacific Fishery Management Council's 
                Advisory Committee shall be ex-officio members 
                of the General Advisory Committee by virtue of 
                their positions in those Councils.
                  (C) Each member of the General Advisory 
                Committee appointed under subparagraph (A) 
                shall serve for a term of 3 years and is 
                eligible for reappointment.
                  (D) The General Advisory Committee shall be 
                invited to attend all non-executive meetings of 
                the United States delegation and at such 
                meetings shall be given opportunity to examine 
                and to be heard on all proposed programs of 
                investigation, reports, recommendations, and 
                regulations of the Commission.
                  (E) The General Advisory Committee shall 
                determine its organization, and prescribe its 
                practices and procedures for carrying out its 
                functions under this title, the Magnuson-
                Stevens Fishery Conservation and Management Act 
                (16 U.S.C. 1801 et seq.), and the Convention. 
                The General Advisory Committee shall publish 
                and make available to the public a statement of 
                its organization, practices and procedures. 
                Meetings of the General Advisory Committee, 
                except when in executive session, shall be open 
                to the public, and prior notice of meetings 
                shall be made public in timely fashion. The 
                General Advisory Committee shall not be subject 
                to the Federal Advisory Committee Act (5 U.S.C. 
                App.).
          (2) Information sharing.--The Secretary and the 
        Secretary of State shall furnish the General Advisory 
        Committee with relevant information concerning 
        fisheries and international fishery agreements.
          (3) Administrative matters.--
                  (A) The Secretary shall provide to the 
                General Advisory Committee in a timely manner 
                such administrative and technical support 
                services as are necessary for its effective 
                functioning.
                  (B) Individuals appointed to serve as a 
                member of the General Advisory Committee--
                          (i) shall serve without pay, but 
                        while away from their homes or regular 
                        places of business to attend meetings 
                        of the General Advisory Committee shall 
                        be allowed travel expenses, including 
                        per diem in lieu of subsistence, in the 
                        same manner as persons employed 
                        intermittently in the Government 
                        service are allowed expenses under 
                        section 5703 of title 5, United States 
                        Code; and
                          (ii) shall not be considered Federal 
                        employees except for the purposes of 
                        injury compensation or tort claims 
                        liability as provided in chapter 81 of 
                        title 5, United States Code, and 
                        chapter 171 of title 28, United States 
                        Code.
  (b)  Scientific Advisory Subcommittee.-- (1) The Secretary, 
in consultation with the Secretary of State, shall appoint a 
Scientific Advisory Subcommittee of not less than 5 nor more 
than 15 qualified scientists with balanced representation from 
the public and private sectors, including nongovernmental 
conservation organizations.

           *       *       *       *       *       *       *

          (3) Attendance at meetings.--The Scientific Advisory 
        Subcommittee shall be invited to have representatives 
        attend all nonexecutive meetings of the United States 
        sections and the [General Advisory Subcommittee] 
        General Advisory Committee and shall be given full 
        opportunity to examine and to be heard on all proposed 
        programs of scientific investigation, scientific 
        reports, and scientific recommendations of the 
        commission. Representatives of the Scientific Advisory 
        Subcommittee may attend meetings of the Inter-American 
        Tropical Tuna Commission in accordance with the rules 
        of such Commission.
  [Sec. 6. (a) The Secretary of State is authorized to approve 
or disapprove, on behalf of the United States Government, 
bylaws and rules, or amendments thereof, adopted by each 
commission and submitted for approval of the United States 
Government in accordance with the provisions of the 
conventions, and, with the concurrence of the Secretary of the 
Interior,, to approve or disapprove the general annual programs 
of the commissions. The Secretary of State is further 
authorized to receive, on behalf of the United States 
Government, reports, requests, recommendations, and other 
communications of the commissions, and to take appropriate 
action thereon either directly or by reference to the 
appropriate authority.
  [(b) Regulations recommended by each commission pursuant to 
the convention requiring the submission to the commission of 
records of operations by boat captains or other persons who 
participate in the fisheries covered by the convention, upon 
the concurrent approval of the Secretary of State and the 
Secretary of the Interior,, shall be promulgated by the latter 
and upon publication in the Federal Register, shall be 
applicable to all vessels and persons subject to the 
jurisdiction of the United States.
  [(c) Regulations required to carry out recommendations of the 
commission made pursuant to paragraph 5 of article II of the 
Convention for the Establishment of an Inter-American Tropical 
Tuna Commission shall be promulgated as hereinafter provided by 
the Secretary of the Interior upon approval of such 
recommendations by the Secretary of State and the Secretary of 
the Interior. The Secretary of the Interior shall cause to be 
published in the Federal Register a general notice of proposed 
rulemaking and shall afford interested persons an opportunity 
to participate in the rulemaking through (1) submission of 
written data, views, or arguments, and (2) oral presentation at 
a public hearing. Such regulations shall be published in the 
Federal Register and shall be accompanied by a statement of the 
considerations involved in the issuance of the regulations. 
After publication in the Federal Register such regulations 
shall be applicable to all vessels and persons subject to the 
jurisdiction of the United States on such date as the Secretary 
of the Interior shall prescribe, but in no event prior to an 
agreed date for the application by all countries whose vessels 
engage in fishing for species covered by the convention in the 
regulatory area on a meaningful scale, in terms of effect upon 
the success of the conservation program, of effective measures 
for the implementation of the commission's recommendations 
applicable to all vessels and persons subject to their 
respective jurisdictions. The Secretary of the Interior shall 
suspend at any time the application of any such regulations 
when, after consultation with the Secretary of State and the 
United States Commissioners, he determines that foreign fishing 
operations in the regulatory area are such as to constitute a 
serious threat to the achievement of the objectives of the 
commission's recommendations. The regulations thus promulgated 
may include the selection for regulation of one or more of the 
species covered by the convention; the division of the 
convention waters into areas; the establishment of one or more 
open or closed seasons as to each area; the limitation of the 
size of the fish and quantity of the catch which may be taken 
from each area within any season during which fishing is 
allowed; the limitation or prohibition of the incidental catch 
of a regulated species which may be retained, taken, possessed, 
or landed by vessels or persons fishing for other species of 
fish; the requiring of such clearance certificates for vessels 
as may be necessary to carry out the purposes of the convention 
and this Act; and such other measures incidental thereto as the 
Secretary of the Interior may deem necessary to implement the 
recommendations of the commission: Provided, That upon the 
promulgation of any such regulations the Secretary of the 
Interior shall promulgate additional regulations, with the 
concurrence of the Secretary of State, which shall become 
effective simultaneously with the application of the 
regulations hereinbefore referred to (1) to prohibit the entry 
into the United States, from any country when the vessels of 
such country are being used in the conduct of fishing 
operations in the regulatory area in such manner or in such 
circumstances as would tend to diminish the effectiveness of 
the conservation recommendations of the commission, of fish in 
any form of those species which are subject to regulation 
pursuant to a recommendation of the commission and which were 
taken from the regulatory area; and (2) to prohibit entry into 
the United States, from any country, of fish in any form of 
those species which are subject to regulation pursuant to a 
recommendation of the commission and which were taken from the 
regulatory area by vessels other than those of such country in 
such manner or in such circumstances as would tend to diminish 
the effectiveness of the conservation recommendations of the 
commission. In the case of repeated and flagrant fishing 
operations in the regulatory area by the vessels of any country 
which seriously threaten the achievement of the objectives of 
the commission's recommendations, the Secretary of the 
Interior, with the concurrence of the Secretary of State, may, 
in his discretion, also prohibit the entry from such country of 
such other species of tuna, in any form, as may be under 
investigation by the commission and which were taken in the 
regulatory area. The aforesaid prohibitions shall continue 
until the Secretary of the Interior is satisfied that the 
condition warranting the prohibition no longer exists, except 
that all fish in any form of the species under regulation which 
were previously prohibited from entry shall continue to be 
prohibited from entry.]

SEC. 6. RULEMAKING.

  (a) Regulations.--The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, 
the Secretary of the Department in which the Coast Guard is 
operating, may promulgate such regulations as may be necessary 
to carry out the United States international obligations under 
the Convention and this Act, including recommendations and 
decisions adopted by the Commission. In cases where the 
Secretary has discretion in the implementation of one or more 
measures adopted by the Commission that would govern fisheries 
under the authority of a Regional Fishery Management Council, 
the Secretary may, to the extent practicable within the 
implementation schedule of the Convention and any 
recommendations and decisions adopted by the Commission, 
promulgate such regulations as may be necessary to carry out 
the United States international obligations under the 
Convention and this Act, in accordance with the procedures 
established by the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1801 et seq.).
  (b) Jurisdiction.--The Secretary may promulgate regulations 
as may be necessary to carry out the United States 
international obligations under the Convention and this Act, 
applicable to all vessels and persons subject to the 
jurisdiction of the United States, including United States flag 
vessels wherever they may be operating, on such date as the 
Secretary shall prescribe.

           *       *       *       *       *       *       *

  Sec. 8. (a) It shall be unlawful for any master or other 
person in charge of a fishing vessel of the United States to 
engage in fishing in violation of any regulation adopted 
pursuant to [section 6(c) of this Act] section 6, or for any 
person knowingly to ship, transport, purchase, sell, offer for 
sale, import, export, or have in custody, possession, or 
control any fish taken or retained in violation of such 
regulations.

           *       *       *       *       *       *       *

  (c) It shall be unlawful for any person to import, in 
violation of any regulation adopted pursuant to [section 6(c) 
of this Act] section 6, from any country, any fish in any form 
of those species subject to regulation pursuant to a 
recommendation of the commission, or any tuna in any form not 
under regulation but under investigation by the commission, 
during the period such fish have been denied entry in 
accordance with the provisions of [section 6(c) of this Act] 
section 6. In the case of any fish as described in this 
subsection offered for entry into the United States, the 
Secretary of the Interior shall require proof satisfactory to 
him that such fish is not ineligible for such entry under the 
terms of [section 6(c) of this Act] section 6.

           *       *       *       *       *       *       *

  (i) Additional Prohibitions and Enforcement.--For 
prohibitions relating to this Act and enforcement of this Act, 
see section 606 of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *

  [Sec. 10. (a) The judges of the United States district courts 
and United States commissioners may, within their respective 
jurisdictions, upon proper oath or affirmation showing probable 
cause, issue such warrants or other process as may be required 
for enforcement of this Act and the regulations issued pursuant 
thereto.
  [(b) Enforcement of the provisions of this Act and the 
regulations issued pursuant thereto shall be the joint 
responsibility of the United States Coast Guard, the United 
States Department of the Interior, and the United States Bureau 
of Customs. In addition, the Secretary of the Interior may 
designate officers and employees of the States of the United 
States, of the Commonwealth of Puerto Rico, and of American 
Samoa to carry out enforcement activities hereunder. When so 
designated, such officers and employees are authorized to 
function as Federal law enforcement agents for these purposes.
  [(c) Any person authorized to carry out enforcement 
activities hereunder shall have the power to execute any 
warrant or process issued by any officer or court of competent 
jurisdiction for the enforcement of this Act.
  [(d) Such person so authorized shall have the power--
          [(1) with or without a warrant or other process, to 
        arrest any persons subject to the jurisdiction of the 
        United States at any place within the jurisdiction of 
        the United States committing in his presence or view a 
        violation of this Act or the regulations issued 
        thereunder;
          [(2) with or without a warrant or other process, to 
        search any vessel subject to the jurisdiction of the 
        United States, and, if as a result of such search he 
        has reasonable cause to believe that such vessel or any 
        person on board is engaging in operations in violation 
        of the provisions of this Act or the regulations issued 
        thereunder, then to arrest such person.
  [(e) Such person so authorized may seize, whenever and 
wherever lawfully found, all fish taken or retained in 
violation of the provisions of this Act or the regulations 
issued pursuant thereto. Any fish so seized may be disposed of 
pursuant to the order of a court of competent jurisdiction, 
pursuant to the provisions of subsection (f) of this section 
or, if perishable, in a manner prescribed by regulations of the 
Secretary of the Interior.
  [(f) Notwithstanding the provisions of section 2464 of title 
28 of the United States Code, when a warrant of arrest or other 
process in rem is issued in any cause under this section, the 
marshal or other officer shall stay the execution of such 
process, or discharge any fish seized if the process has been 
levied, on receiving from the claimant of the fish a bond or 
stipulation for the value of the property with sufficient 
surety to be approved by a judge of the district court having 
jurisdiction of the offense, conditioned to deliver the fish 
seized, if condemned, without impairment in value or, in the 
discretion of the court, to pay its equivalent value in money 
or otherwise to answer the decree of the court in such cause. 
Such bond or stipulation shall be returned to the court and 
judgment thereon against both the principal and sureties may be 
recovered in event of any breach of the conditions thereof as 
determined by the court. In the discretion of the accused, and 
subject to the direction of the court, the fish may be sold for 
not less than its reasonable market value and the proceeds of 
such sale placed in the registry of the court pending judgment 
in the case.]

SEC. 10. ENFORCEMENT.

  For enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).

           *       *       *       *       *       *       *

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

   The Secretary of State, in consultation with the Secretary 
of Commerce and acting through the United States Commissioners, 
shall seek, in cooperation with other nations whose [vessel] 
vessels fish for tuna in the eastern tropical Pacific Ocean, to 
establish standards and measures for a bycatch reduction 
program for vessels fishing for yellowfin tuna in the eastern 
tropical Pacific Ocean. The bycatch reduction program shall 
include measures--
          (1) * * *

           *       *       *       *       *       *       *

                              ----------                              

               EASTERN PACIFIC TUNA LICENSING ACT OF 1984

  [Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, That this 
Act may be cited as the ``Eastern Pacific Tuna Licensing Act of 
1984''.

[SEC. 2. DEFINITIONS.

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

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

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

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

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

[SEC. 5. APPLICATION TO OTHER LAWS.

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

[SEC. 6. DISPOSITION OF FEES.

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

[SEC. 7. REGULATIONS.

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

[SEC. 8. PROHIBITED ACTS.

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

[SEC. 9. ENFORCEMENT.

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

[SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

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

                                  [all]
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