I 

112TH CONGRESS 

2D SESSION H. R. 4100 

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. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 28, 2012 

Ms. BORDALLO (for herself, Mr. GUINTA, Mr. FARR, Mr. SABLAN, Mr. 

PIERLUISI, Mr. FALEOMAVAEGA, and Mrs. CHRISTENSEN) introduced the 

following bill; which was referred to the Committee on Natural Resources 

A BILL 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Illegal, Unreported, 

5 and Unregulated Fishing Enforcement Act of 2011’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 


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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. 

Sec. 114. International cooperation and assistance. 

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. 

1 TITLE I—STRENGTHENING FISH2 ERIES ENFORCEMENT MECH3 ANISMS 

4 SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

5 FISHING MORATORIUM PROTECTION ACT. 

6 (a) ADMINISTRATION AND ENFORCEMENT.—Section 

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1 tection Act (16 U.S.C. 1826g) is amended by inserting 

2 before the first sentence the following: 

3 ‘‘(a) IN GENERAL.—The Secretary and the Secretary 

4 of the department in which the Coast Guard is operating 

5 shall enforce this Act, and the Acts to which this section 

6 applies, in accordance with this section. Each such Sec7 retary may, by agreement, on a reimbursable basis or oth8 erwise, utilize the personnel services, equipment (including 

9 aircraft and vessels), and facilities of any other Federal 

10 agency, and of any State agency, in the performance of 

11 such duties. 

12 ‘‘(b) ACTS TO WHICH SECTION APPLIES.—This sec13 tion applies to— 

14 ‘‘(1) the Pacific Salmon Treaty Act of 1985 (16 

15 U.S.C. 3631 et seq.); 

16 ‘‘(2) the Dolphin Protection Consumer Informa17 tion Act (16 U.S.C. 1385); 

18 ‘‘(3) the Tuna Conventions Act of 1950 (16 

19 U.S.C. 951 et seq.); 

20 ‘‘(4) the North Pacific Anadromous Stocks Act 

21 of 1992 (16 U.S.C. 5001 et seq.); 

22 ‘‘(5) the South Pacific Tuna Act of 1988 (16 

23 U.S.C. 973 et seq.); 

24 ‘‘(6) the Antarctic Marine Living Resources 

25 Convention Act of 1984 (16 U.S.C. 2431 et seq.); 


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1 ‘‘(7) the Atlantic Tunas Convention Act of 

2 1975 (16 U.S.C. 971 et seq.); 

3 ‘‘(8) the Northwest Atlantic Fisheries Conven4 tion Act of 1995 (16 U.S.C. 5601 et seq.); and 

5 ‘‘(9) the Western and Central Pacific Fisheries 

6 Convention Implementation Act (16 U.S.C. 6901 et 

7 seq.). 

8 ‘‘(c) ADMINISTRATION AND ENFORCEMENT.—The 

9 Secretary shall prevent any person from violating this Act, 

10 or any Act to which this section applies, in the same man11 ner, by the same means, and with the same jurisdiction, 

12 powers, and duties as though sections 308 through 311 

13 of the Magnuson-Stevens Fishery Conservation and Man14 agement Act (16 U.S.C. 1858 through 1861) were incor15 porated into and made a part of and applicable to this 

16 Act and each such Act. 

17 ‘‘(d) SPECIAL RULES.— 

18 ‘‘(1) IN GENERAL.—Notwithstanding the incor19 poration by reference of certain sections of the Mag20 nuson-Stevens Fishery Conservation and Manage21 ment Act under subsection (c), if there is a conflict 

22 between a provision of this subsection and the cor23 responding provision of any section of the Magnu24 son-Stevens Fishery Conservation and Management 


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1 Act so incorporated, the provision of this subsection 

2 shall apply. 

3 ‘‘(2) ADDITIONAL ENFORCEMENT AUTHOR4 ITY.—In addition to the powers of officers author5 ized pursuant to subsection (c), any officer who is 

6 authorized by the Secretary, or the head of any Fed7 eral or State agency that has entered into an agree8 ment with the Secretary under subsection (a), to en9 force the provisions of any Act to which this section 

10 applies may, with the same jurisdiction, powers, and 

11 duties as though section 311 of the Magnuson-Ste12 vens Fishery Conservation and Management Act (16 

13 U.S.C. 1861) were incorporated into and made a 

14 part of each such Act— 

15 ‘‘(A) search or inspect any facility or con16 veyance used or employed in, or which reason17 ably appears to be used or employed in, the 

18 storage, processing, transport, or trade of fish 

19 or fish products; 

20 ‘‘(B) inspect records pertaining to the stor21 age, processing, transport, or trade of fish or 

22 fish products; 

23 ‘‘(C) detain, for a period of up to 5 days, 

24 any shipment of fish or fish product imported 

25 into, landed on, introduced into, exported from, 


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1 or transported within the jurisdiction of the 

2 United States, or, if such fish or fish product 

3 is deemed to be perishable, sell and retain the 

4 proceeds therefrom for a period of up to 5 days; 

5 ‘‘(D) make an arrest, in accordance with 

6 any guidelines which may be issued by the At7 torney General, for any offense under the laws 

8 of the United States committed in the person’s 

9 presence, or for the commission of any felony 

10 under the laws of the United States, if the per11 son has reasonable grounds to believe that the 

12 person to be arrested has committed or is com13 mitting a felony; 

14 ‘‘(E) search and seize, in accordance with 

15 any guidelines that are issued by the Attorney 

16 General; and 

17 ‘‘(F) execute and serve any subpoena, ar18 rest warrant, search warrant issued in accord19 ance with rule 41 of the Federal Rules of 

20 Criminal Procedure, or other warrant or civil or 

21 criminal process issued by any officer or court 

22 of competent jurisdiction. 

23 ‘‘(3) DISCLOSURE OF ENFORCEMENT INFORMA24 TION.—The Secretary may disclose, as necessary 

25 and appropriate, information, including information 


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1 collected under joint authority of the Magnuson-Ste2 vens Fishery Conservation and Management Act (16 

3 U.S.C. 1801 et seq.) and the Atlantic Tunas Con4 vention Act of 1975 (16 U.S.C. 71 et seq.) or the 

5 Western and Central Pacific Fisheries Convention 

6 Implementation Act (16 U.S.C. 6901 et seq.) or 

7 other statutes implementing international fishery 

8 agreements, to any other Federal or State govern9 ment agency, the Food and Agriculture Organization 

10 of the United Nations, the secretariat or equivalent 

11 of an international fishery management organization 

12 or arrangement made pursuant to an international 

13 fishery agreement, or a foreign government, if— 

14 ‘‘(A) such government, organization, or ar15 rangement has policies and procedures to pro16 tect such information from unintended or unau17 thorized disclosure; and 

18 ‘‘(B) such disclosure is necessary— 

19 ‘‘(i) to ensure compliance with any 

20 law or regulation enforced or administered 

21 by the Secretary; 

22 ‘‘(ii) to administer or enforce any 

23 international fishery agreement to which 

24 the United States is a party; 


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1 ‘‘(iii) to administer or enforce a bind2 ing conservation measure adopted by any 

3 international organization or arrangement 

4 to which the United States is a party; 

5 ‘‘(iv) to assist in any investigative, ju6 dicial, or administrative enforcement pro7 ceeding in the United States; or 

8 ‘‘(v) to assist in any law enforcement 

9 action undertaken by a law enforcement 

10 agency of a foreign government, or in rela11 tion to a legal proceeding undertaken by a 

12 foreign government. 

13 ‘‘(e) PROHIBITED ACTS.—It is unlawful for any per14 son— 

15 ‘‘(1) to violate any provision of this Act or any 

16 regulation or permit issued pursuant to this Act; 

17 ‘‘(2) to refuse to permit any officer authorized 

18 to enforce the provisions of this Act to board, 

19 search, or inspect a vessel, aircraft, vehicle, or shore20 side facility subject to such person’s control for the 

21 purposes of conducting any search, investigation, or 

22 inspection in connection with the enforcement of this 

23 Act, any regulation promulgated under this Act, or 

24 any Act to which this section applies; 


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1 ‘‘(3) to forcibly assault, resist, oppose, impede, 

2 intimidate, or interfere with any such authorized of3 ficer in the conduct of any search, investigation, or 

4 inspection described in paragraph (2); 

5 ‘‘(4) to resist a lawful arrest for any act prohib6 ited by this section or any Act to which this section 

7 applies; 

8 ‘‘(5) to interfere with, delay, or prevent, by any 

9 means, the apprehension, arrest, or detection of an 

10 other person, knowing that such person has com11 mitted any act prohibited by this section or any Act 

12 to which this section applies; or 

13 ‘‘(6) to forcibly assault, resist, oppose, impede, 

14 intimidate, sexually harass, bribe, or interfere with— 

15 ‘‘(A) any observer on a vessel under this 

16 Act or any Act to which this section applies; or 

17 ‘‘(B) any data collector employed by the 

18 National Marine Fisheries Service or under 

19 contract to any person to carry out responsibil20 ities under this Act or any Act to which this 

21 section applies. 

22 ‘‘(f) CIVIL PENALTY.—Any person who commits any 

23 act that is unlawful under subsection (e) shall be liable 

24 to the United States for a civil penalty, and may be subject 

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1 Stevens Fishery Conservation and Management Act (16 

2 U.S.C. 1858). 

3 ‘‘(g) CRIMINAL PENALTY.—Any person who commits 

4 an act that is unlawful under subsection (e)(2), (e)(3), 

5 (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense 

6 punishable under section 309(b) of the Magnuson-Stevens 

7 Fishery Conservation and Management Act (16 U.S.C. 

8 1859(b)). 

9 ‘‘(h) UTILIZATION OF FEDERAL AGENCY ASSETS.— 

10 ’’. 

11 (b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF

12 INTERNATIONAL FISHERY MANAGEMENT ORGANIZA13 TIONS.—Section 608 of such Act (16 U.S.C. 1826i) is 

14 amended by— 

15 (1) inserting before the first sentence the fol16 lowing: ‘‘(a) IN GENERAL.—’’; 

17 (2) in subsection (a) (as designated by para18 graph (1) of this subsection) in the first sentence, 

19 inserting ‘‘, or arrangements made pursuant to an 

20 international fishery agreement,’’ after ‘‘organiza21 tions’’; and 

22 (3) adding at the end the following new sub23 sections: 

24 ‘‘(b) DISCLOSURE OF INFORMATION.—The Secretary 

25 may disclose, as necessary and appropriate, information, 


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1 including information collected under joint authority of 

2 the Magnuson-Stevens Fishery Conservation and Manage3 ment Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 

4 Convention Act of 1975 (16 U.S.C. 71 et seq.), the West5 ern and Central Pacific Fisheries Convention Implementa6 tion Act (16 U.S.C. 6901 et seq.), any other statute imple7 menting an international fishery agreement, to any other 

8 Federal or State government agency, the Food and Agri9 culture Organization of the United Nations, or the secre10 tariat or equivalent of an international fishery manage11 ment organization or arrangement made pursuant to an 

12 international fishery agreement, if such government, orga13 nization, or arrangement, respectively, has policies and 

14 procedures to protect such information from unintended 

15 or unauthorized disclosure. 

16 ‘‘(c) IUU VESSEL LISTS.—The Secretary may— 

17 ‘‘(1) develop, maintain, and make public a list 

18 of vessels and vessel owners engaged in illegal, unre19 ported, or unregulated fishing or fishing-related ac20 tivities in support of illegal, unreported, or unregu21 lated fishing, including vessels or vessel owners iden22 tified by an international fishery management orga23 nization or arrangement made pursuant to an inter24 national fishery agreement, that— 

25 ‘‘(A) the United States is party to; or 


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1 ‘‘(B) the United States is not party to, but 

2 whose procedures and criteria in developing and 

3 maintaining a list of such vessels and vessel 

4 owners are substantially similar to such proce5 dures and criteria adopted pursuant to an inter6 national fishery agreement to which the United 

7 States is a party; and 

8 ‘‘(2) take appropriate action against listed ves9 sels and vessel owners, including action against fish, 

10 fish parts, or fish products from such vessels, in ac11 cordance with applicable United States law and con12 sistent with applicable international law, including 

13 principles, rights, and obligations established in ap14 plicable international fishery management agree15 ments and trade agreements. 

16 ‘‘(d) REGULATIONS.—The Secretary may promulgate 

17 regulations to implement this section.’’. 

18 (c) NOTIFICATION REGARDING IDENTIFICATION OF

19 NATIONS.—Section 609(b) of such Act (166 U.S.C. 

20 1826j(b)) is amended to read as follows: 

21 ‘‘(b) NOTIFICATION.—The Secretary shall notify the 

22 President and that nation of such an identification.’’. 

23 (d) NATIONS IDENTIFIED UNDER SECTION 610.— 

24 Section 610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) 

25 is amended to read as follows: 


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1 ‘‘(1) notify, as soon as possible, the President 

2 and nations that have been identified under sub3 section (a), and also notify other nations whose ves4 sels engage in fishing activities or practices de5 scribed in subsection (a), about the provisions of this 

6 section and this Act;’’. 

7 (e) EFFECT OF CERTIFICATION UNDER SECTION

8 609.—Section 609(d)(3)(A)(i) of such Act (16 U.S.C. 

9 1826j(d)(3)(A)(i)) is amended by striking ‘‘that has not 

10 been certified by the Secretary under this subsection, or’’. 

11 (f) EFFECT OF CERTIFICATION UNDER SECTION

12 610.—Section 610(c)(5) of such Act (16 U.S.C. 

13 1826k(c)(5)) is amended by striking ‘‘that has not been 

14 certified by the Secretary under this subsection, or’’. 

15 (g) IDENTIFICATION OF NATIONS.— 

16 (1) SCOPE OF IDENTIFICATION FOR ACTIONS

17 OF FISHING VESSELS.—Section 609(a) of such Act 

18 (16 U.S.C. 1826j(a)) is amended— 

19 (A) in the matter preceding paragraph (1) 

20 by striking ‘‘2 years’’ and inserting ‘‘3 years’’; 

21 (B) in paragraph (1), by inserting ‘‘that 

22 undermines the effectiveness of measures re23 quired by an international fishery management 

24 organization, taking into account whether’’ 

25 after ‘‘(1)’’; and 


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1 (C) in paragraph (1), by striking ‘‘vessels 

2 of’’. 

3 (2) ADDITIONAL GROUNDS FOR IDENTIFICA4 TION.—Section 609(a) of such Act (16 U.S.C. 

5 1826j(a)) is further amended— 

6 (A) by redesignating paragraphs (1) and 

7 (2) in order as subparagraphs (A) and (B) (and 

8 by moving the margins of such subparagraphs 

9 2 ems to the right); 

10 (B) by inserting before the first sentence 

11 the following: 

12 ‘‘(1) IDENTIFICATION FOR ACTIONS OF FISHING

13 VESSELS.—’’; and 

14 (C) by adding at the end the following: 

15 ‘‘(2) IDENTIFICATION FOR ACTIONS OF NA16 TION.—Taking into account the factors described 

17 under section 609(a)(1), the Secretary shall also 

18 identify, and list in such report, a nation— 

19 ‘‘(A) if it is violating, or has violated at 

20 any point during the preceding three years, con21 servation and management measures required 

22 under an international fishery management 

23 agreement to which the United States is a 

24 party and the violations undermine the effec25 tiveness of such measures; or 


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1 ‘‘(B) if it is failing, or has failed in the 

2 preceding 3-year period, to effectively address 

3 or regulate illegal, unreported, or unregulated 

4 fishing in areas described under paragraph 

5 (1)(B). 

6 ‘‘(3) APPLICATION TO OTHER ENTITIES.— 

7 Where the provisions of this Act are applicable to 

8 nations, they shall also be applicable, as appropriate, 

9 to other entities that have competency to enter into 

10 international fishery management agreements.’’. 

11 (3) PERIOD OF FISHING PRACTICES SUP12 PORTING IDENTIFICATION.—Section 610(a)(1) of 

13 such Act (16 U.S.C. 1826k(a)(1)) is amended by 

14 striking ‘‘calendar year’’ and replacing with ‘‘three 

15 years’’. 

16 (h) AUTHORIZATION OF APPROPRIATIONS.— 

17 (1) Section 609(f) of such Act (16 U.S.C. 

18 1826j) is amended by— 

19 (A) striking ‘‘2007’’ and inserting ‘‘2012’’; 

20 and 

21 (B) striking ‘‘2013’’ and inserting ‘‘2017’’. 

22 (2) Section 610(f) of such Act (16 U.S.C. 

23 1826k) is amended by— 

24 (A) striking ‘‘2007’’ and inserting ‘‘2012’’; 

25 and 


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1 (B) striking ‘‘2013’’ and inserting ‘‘2017’’. 

2 (i) TECHNICAL CORRECTIONS.— 

3 (1) Section 607(2) of such Act (16 U.S.C. 

4 1826h(2)) is amended by striking ‘‘whose vessels’’ 

5 and inserting ‘‘that’’. 

6 (2) Section 609(d)(1) of such Act (16 U.S.C. 

7 1826j(d)(1)) is amended by striking ‘‘of its fishing 

8 vessels’’. 

9 (3) Section 609(d)(1)(A) of such Act (16 

10 U.S.C. 1826j(d)(1)(A)) is amended by striking ‘‘of 

11 its fishing vessels’’. 

12 (4) Section 609(d)(2) of such Act (16 U.S.C. 

13 1826j(d)(2)) is amended— 

14 (A) by striking ‘‘for certification’’ and in15 serting ‘‘to authorize’’; 

16 (B) by inserting ‘‘the importation’’ after 

17 ‘‘or other basis’’; 

18 (C) by striking ‘‘harvesting’’; and 

19 (D) by striking ‘‘not certified under para20 graph (1)’’ and inserting ‘‘issued a negative cer21 tification under paragraph (1)’’. 

22 (5) Section 610 of such Act (16 U.S.C. 1826k) 

23 is amended as follows: 

24 (A) In subsection (a)(1), by striking ‘‘prac25 tices;’’ and inserting ‘‘practices—’’. 


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1 (B) In subsection (c)(1)(A), by striking ‘‘, 

2 and which, in the case of pelagic longline fish3 ing, includes mandatory use of circle hooks, 

4 careful handling and release equipment, and 

5 training and observer programs’’. 

6 (C) In subsection (c)(4), by striking all 

7 preceding subparagraph (B) and inserting the 

8 following: 

9 ‘‘(4) ALTERNATIVE PROCEDURE.—The Sec10 retary may establish a procedure to authorize, on a 

11 shipment-by-shipment, shipper-by-shipper, or other 

12 basis the importation of fish or fish products from 

13 a vessel of a nation issued a negative certification 

14 under paragraph (1) if the Secretary determines 

15 that such imports were harvested by practices that 

16 do not result in bycatch of a protected marine spe17 cies, or were harvested by practices that— 

18 ‘‘(A) are comparable to those of the United 

19 States, taking into account different conditions; 

20 and’’. 

21 SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

22 FISHERIES ENFORCEMENT ACT. 

23 (a) NEGATIVE CERTIFICATION EFFECTS.—Section 

24 101 of the High Seas Driftnet Fisheries Enforcement Act 

25 (16 U.S.C. 1826a) is amended— 


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1 (1) in subsection (a)(2), by striking ‘‘recognized 

2 principles of’’ after ‘‘in accordance with’’; 

3 (2) in subsection (a)(2)(A), by inserting ‘‘or, as 

4 appropriate, for fishing vessels of a nation that re5 ceives a negative certification under section 609(d) 

6 or section 610(c) of the High Seas Driftnet Fishing 

7 Moratorium Protection Act (16 U.S.C. 1826)’’ after 

8 ‘‘(1)’’; 

9 (3) in subsection (a)(2)(B), by inserting before 

10 the period the following: ‘‘, except for the purposes 

11 of inspecting such vessel, conducting an investiga12 tion, or taking other appropriate enforcement ac13 tion’’; 

14 (4) in subsection (b)(1)(A)(i), by striking ‘‘or il15 legal, unreported, or unregulated fishing’’ after 

16 ‘‘driftnet fishing’’; 

17 (5) in subsection (b)(1)(B) and subsection 

18 (b)(2), by striking ‘‘or illegal, unreported, or unregu19 lated fishing’’ after ‘‘driftnet fishing’’ each place it 

20 appears; 

21 (6) in subsection (b)(3)(A)(i), by inserting ‘‘or 

22 a negative certification under section 609(d) or sec23 tion 610(c) of the High Seas Driftnet Fishing Mora24 torium Protection Act (16 U.S.C. 1826j(d), 

25 1826k(c))’’ after ‘‘(1)(A)’’; 


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1 (7) in subsection (b)(4)(A), by inserting ‘‘or 

2 issues a negative certification under section 609(d) 

3 or section 610(c) of the High Seas Driftnet Fishing 

4 Moratorium Protection Act (16 U.S.C. 1826j(d), 

5 1826k(c))’’ after ‘‘paragraph (1)’’; 

6 (8) in subsection (b)(4)(A)(i), by striking ‘‘or il7 legal, unreported, or unregulated fishing’’ after 

8 ‘‘driftnet fishing’’; and 

9 (9) in subsection (b)(4)(A)(i), by inserting ‘‘, or 

10 to address the offending activities for which a nation 

11 received a negative certification under section 609(d) 

12 or 610(c) of the High Seas Driftnet Fishing Morato13 rium Protection Act (16 U.S.C. 1826j(d), 

14 1826k(c))’’ after ‘‘beyond the exclusive economic 

15 zone of any nation’’. 

16 (b) DURATION OF NEGATIVE CERTIFICATION EF17 FECTS.—Section 102 of such Act (16 U.S.C. 1826b) is 

18 amended by— 

19 (1) striking ‘‘or illegal, unreported, or unregu20 lated fishing’’; and 

21 (2) inserting ‘‘or effectively addressed the of22 fending activities for which the nation received a 

23 negative certification under 609(d) or 610(c) of the 

24 High Seas Driftnet Fishing Moratorium Protection 


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1 Act (16 U.S.C. 1826j(d), 1826k(c))’’ before the pe2 riod at the end. 

3 SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS 

4 STOCKS ACT OF 1992. 

5 (a) UNLAWFUL ACTIVITIES.—Section 810 of the 

6 North Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 

7 5009) is amended— 

8 (1) in paragraph (5), by inserting ‘‘, investiga9 tion,’’ after ‘‘search’’; and 

10 (2) in paragraph (6), by inserting ‘‘, investiga11 tion,’’ after ‘‘search’’. 

12 (b) ADDITIONAL PROHIBITIONS AND ENFORCE13 MENT.—Section 811 of the Northern Pacific Anadromous 

14 Stocks Act of 1992 (16 U.S.C. 5010) is amended to read 

15 as follows: 

16 ‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCE17 MENT. 

18 ‘‘For additional prohibitions relating to this Act and 

19 enforcement of this Act, see section 606 of the High Seas 

20 Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

21 1826g).’’. 

22 SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY 

23 ACT OF 1985. 

24 Section 8 of the Pacific Salmon Treaty Act of 1985 

25 (16 U.S.C. 3637) is amended— 


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1 (1) in subsection (a)(2)— 

2 (A) by inserting ‘‘, investigation,’’ after 

3 ‘‘search’’; and 

4 (B) by striking ‘‘this title;’’ and inserting 

5 ‘‘this Act;’’; 

6 (2) in subsection (a)(3)— 

7 (A) by inserting ‘‘, investigation,’’ after 

8 ‘‘search’’; and 

9 (B) by striking ‘‘subparagraph (2) ;’’ and 

10 inserting ‘‘paragraph (2);’’; 

11 (3) in subsection (a)(5), by striking ‘‘this title; 

12 or’’ and inserting ‘‘this Act;’’; and 

13 (4) by striking subsections (b) through (f) and 

14 inserting the following: 

15 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE16 MENT.—For additional prohibitions relating to this Act 

17 and enforcement of this Act, see section 606 of the High 

18 Seas Driftnet Fishing Moratorium Protection Act (16 

19 U.S.C. 1826g).’’. 

20 SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL 

21 PACIFIC FISHERIES CONVENTION IMPLE22 MENTATION ACT. 

23 The Western and Central Pacific Fisheries Conven24 tion Implementation Act (title V of Public Law 109–479) 

25 is amended— 


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1 (1) by amending section 506(c) (16 U.S.C. 

2 6905(c)) to read as follows: 

3 ‘‘(c) ADDITIONAL PROHIBITIONS AND ENFORCE4 MENT.—For additional prohibitions relating to this Act 

5 and enforcement of this Act, see section 606 of the High 

6 Seas Driftnet Fishing Moratorium Protection Act (16 

7 U.S.C. 1826g).’’; and 

8 (2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) 

9 by striking ‘‘suspension, on’’ and inserting ‘‘suspen10 sion, of’’. 

11 SEC. 106. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT 

12 OF 1988. 

13 The South Pacific Tuna Act of 1988 is amended— 

14 (1) in section 5(a) (16 U.S.C. 973c(a))— 

15 (A) in paragraph (8), by inserting ‘‘, inves16 tigation,’’ after ‘‘search’’; and 

17 (B) in paragraph (10), by inserting ‘‘, in18 vestigation,’’ after ‘‘search’’; and 

19 (2) by striking sections 7 and 8 (16 U.S.C. 

20 973e and 973f) and inserting the following: 

21 ‘‘SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

22 ‘‘For additional prohibitions relating to this Act and 

23 enforcement of this Act, see section 606 of the High Seas 

24 Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

25 1826g).’’. 


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1 SEC. 107. AMENDMENTS TO THE ANTARCTIC MARINE LIV2 ING RESOURCES CONVENTION ACT. 

3 The Antarctic Marine Living Resources Convention 

4 Act of 1984 is amended— 

5 (1) in section 306 (16 U.S.C. 2435)— 

6 (A) in paragraph (3), by striking ‘‘which 

7 he knows, or reasonably should have known, 

8 was’’; 

9 (B) in paragraph (4), by inserting ‘‘, inves10 tigation,’’ after ‘‘search’’; and 

11 (C) in paragraph (5), by inserting ‘‘, inves12 tigation,’’ after ‘‘search’’; 

13 (2) in section 307 (16 U.S.C. 2436)— 

14 (A) by inserting ‘‘(a) IN GENERAL.—’’ be15 fore the first sentence; and 

16 (B) by adding at the end the following: 

17 ‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION

18 MEASURES.— 

19 ‘‘(1) IN GENERAL.—Notwithstanding sub20 sections (b), (c), and (d) of section 553 of title 5, 

21 United States Code, the Secretary of Commerce may 

22 publish in the Federal Register a final regulation to 

23 implement any conservation measure for which the 

24 Secretary of State notifies the Commission under 

25 section 305(a)(1)— 


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1 ‘‘(A) that has been in effect for 12 months 

2 or less; 

3 ‘‘(B) that is adopted by the Commission; 

4 and 

5 ‘‘(C) with respect to which the Secretary of 

6 State does not notify Commission in accordance 

7 with section 305(a)(1) within the time period 

8 allotted for objections under Article IX of the 

9 Convention. 

10 ‘‘(2) ENTERING INTO FORCE.—Upon publica11 tion of such regulation in the Federal Register, such 

12 conservation measure shall enter into force with re13 spect to the United States.’’; and 

14 (3) by striking sections 308 and 309 (16 U.S.C. 

15 2437 and 2438) and inserting the following: 

16 ‘‘SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCE17 MENT. 

18 ‘‘For additional prohibitions relating to this Act and 

19 enforcement of this Act, see section 606 of the High Seas 

20 Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

21 1826g).’’. 

22 SEC. 108. AMENDMENTS TO THE ATLANTIC TUNAS CONVEN23 TION ACT. 

24 The Atlantic Tunas Convention Act of 1975 is 

25 amended— 


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1 (1) in section 6(c)(2) (16 U.S.C. 

2 971d(c)(2)(2))— 

3 (A) by striking ‘‘(A)’’ and inserting ‘‘(i)’’; 

4 (B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; 

5 (C) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

6 (D) by adding at the end the following: 

7 ‘‘(B) Notwithstanding the requirements of subpara8 graph (A) and subsections (b) and (c) of section 553 of 

9 title 5, United States Code, the Secretary may issue final 

10 regulations to implement Commission recommendations 

11 referred to in paragraph (1) concerning trade restrictive 

12 measures against nations or fishing entities.’’; 

13 (2) in section 7 (16 U.S.C. 971e) by striking 

14 subsections (e) and (f) and redesignating subsection 

15 (g) as subsection (e); 

16 (3) in section 8 (16 U.S.C. 971f)— 

17 (A) by striking subsections (a) and (c); 

18 and 

19 (B) by inserting before subsection (b) the 

20 following: 

21 ‘‘(a) For additional prohibitions relating to this Act 

22 and enforcement of this Act, see section 606 of the High 

23 Seas Driftnet Fishing Moratorium Protection Act (16 

24 U.S.C. 1826g).’’; 


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1 (4) in section 8(b) by striking ‘‘the enforcement 

2 activities specified in section 8(a) of this Act’’ each 

3 place it appears and inserting ‘‘enforcement activi4 ties with respect to this Act that are otherwise au5 thorized by law’’; and 

6 (5) by striking section 11 (16 U.S.C. 971j) and 

7 redesignating sections 12 and 13 as sections 11 and 

8 12, respectively. 

9 SEC. 109. AMENDMENTS TO THE HIGH SEAS FISHING COM10 PLIANCE ACT OF 1965. 

11 Section 104(f) of the High Seas Fishing Compliance 

12 Act of 1995 (16 U.S.C. 5503(f)) is amended to read as 

13 follows: 

14 ‘‘(f) VALIDITY.—A permit issued under this section 

15 for a vessel is void if— 

16 ‘‘(1) any other permit or authorization required 

17 for the vessel to fish is expired, revoked, or sus18 pended; or 

19 ‘‘(2) the vessel is no longer documented under 

20 the laws of the United States or eligible for such 

21 documentation.’’. 


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1 SEC. 110. AMENDMENTS TO THE DOLPHIN PROTECTION 

2 CONSUMER INFORMATION ACT. 

3 The Dolphin Protection Consumer Information Act 

4 (16 U.S.C. 1385) is amended by amending subsection (e) 

5 to read as follows: 

6 ‘‘(e) ADDITIONAL PROHIBITIONS AND ENFORCE7 MENT.—For additional prohibitions relating to this Act 

8 and enforcement of this Act, see section 606 of the High 

9 Seas Driftnet Fishing Moratorium Protection Act (16 

10 U.S.C. 1826g).’’. 

11 SEC. 111. AMENDMENTS TO THE NORTHERN PACIFIC HAL12 IBUT ACT OF 1982. 

13 (a) PROHIBITED ACTS.—Section 7 of the Northern 

14 Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amend15 ed— 

16 (1) in paragraph (a) by redesignating subpara17 graphs (1) through (6) as subparagraphs (A) 

18 through (F); 

19 (2) by redesignating paragraphs (a) and (b) as 

20 paragraphs (1) and (2), respectively; 

21 (3) by in paragraph (1)(B), as so redesignated, 

22 by inserting ‘‘, investigation,’’ before ‘‘or inspec23 tion’’; 

24 (4) by in paragraph (1)(C), as so redesignated, 

25 by inserting ‘‘, investigation,’’ before ‘‘or inspec26 tion’’; 


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1 (5) in paragraph (1)(E), as so redesignated, by 

2 striking ‘‘or’’ after the semicolon; and 

3 (6) in paragraph (1)(F), as so redesignated, by 

4 striking ‘‘section.’’ and inserting ‘‘section; or’’. 

5 (b) ENFORCEMENT POWERS.—Section 11 of the 

6 Northern Pacific Halibut Act of 1982 (16 U.S.C. 773i) 

7 is amended by adding at the end the following: 

8 ‘‘(g) In addition to the powers of officers authorized 

9 pursuant to subsection (b), any officer who is authorized 

10 by the Secretary, or by the head of any Federal or State 

11 agency that has entered into an agreement with the Sec12 retary under subsection (a), to enforce the Convention, 

13 this Act, or any regulation adopted under this Act, may— 

14 ‘‘(1) search or inspect any facility or convey15 ance used or employed in, or which reasonably ap16 pears to be used or employed in, the storage, proc17 essing, transport, or trade of fish or fish products; 

18 ‘‘(2) inspect records pertaining to the storage, 

19 processing, transport, or trade of fish or fish prod20 ucts; and 

21 ‘‘(3) detain, for a period of up to 5 days, any 

22 shipment of fish or fish product imported into, land23 ed on, introduced into, exported from, or transported 

24 within the jurisdiction of the United States, or, if 

25 such fish or fish product is deemed to be perishable, 


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1 sell and retain the proceeds therefrom for a period 

2 of up to 5 days.’’. 

3 SEC. 112. AMENDMENTS TO THE NORTHWEST ATLANTIC 

4 FISHERIES CONVENTION ACT OF 1995. 

5 Section 207 of the Northwest Atlantic Fisheries Con6 vention Act of 1995 (16 U.S.C. 5606) is amended— 

7 (1) in the section heading, by striking ‘‘AND

8 PENALTIES’’ and inserting ‘‘AND ENFORCE9 MENT’’; 

10 (2) in subsection (a)(2), by inserting ‘‘, inves11 tigation,’’ before ‘‘or inspection’’; 

12 (3) in subsection (a)(3), by inserting ‘‘, inves13 tigation,’’ before ‘‘or inspection’’; and 

14 (4) by striking subsections (b) through (f) and 

15 inserting the following: 

16 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE17 MENT.—For additional prohibitions relating to this Act 

18 and enforcement of this Act, see section 606 of the High 

19 Seas Driftnet Fishing Moratorium Protection Act (16 

20 U.S.C. 1826g).’’. 

21 SEC. 113. AMENDMENT TO THE MAGNUSON-STEVENS FISH22 ERY CONSERVATION AND MANAGEMENT ACT. 

23 Section 307(1)(Q) of the Magnuson-Stevens Fishery 

24 Conservation and Management Act (16 U.S.C. 

25 1857(1)(Q)) is amended by inserting before the semicolon 


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1 the following: ‘‘or any treaty or in contravention of any 

2 binding conservation measure adopted by an international 

3 agreement or organization to which the United States is 

4 a party’’. 

5 SEC. 114. INTERNATIONAL COOPERATION AND ASSIST6 ANCE. 

7 (a) INTERNATIONAL COOPERATION AND ASSIST8 ANCE.—The Secretary of Commerce, acting through the 

9 National Marine Fisheries Service, may engage in inter10 national cooperation and provide assistance, including 

11 grants, to help other nations achieve sustainable fisheries. 

12 (b) AUTHORIZED ACTIVITIES.—In providing assist13 ance to other nations, the Secretary may— 

14 (1) provide funding and technical expertise to 

15 other nations to assist them in addressing illegal, 

16 unreported, or unregulated fishing activities; 

17 (2) provide funding and technical expertise to 

18 other nations to assist them in reducing the loss and 

19 environmental impacts of derelict fishing gear, re20 ducing the bycatch of living marine resources, and 

21 promoting international marine resource conserva22 tion; 

23 (3) provide funding, technical expertise, and 

24 training to other nations to aid them in building ca25 pacity for enhanced fisheries management, fisheries 


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1 monitoring, catch and trade tracking activities, en2 forcement, and international marine resource con3 servation; 

4 (4) establish partnerships with other Federal 

5 agencies or non-governmental organizations, as ap6 propriate, to ensure that fisheries development as7 sistance to other nations is directed toward projects 

8 that promote sustainable fisheries; and 

9 (5) conduct outreach and education efforts in 

10 order to promote public and private sector awareness 

11 of international fisheries sustainability issues, in12 cluding the need to combat illegal, unreported, or 

13 unregulated fishing activity and to promote inter14 national marine resource conservation. 

15 (c) GUIDELINES.—The Secretary may establish 

16 guidelines necessary to implement this section. 

17 TITLE II—IMPLEMENTATION OF 

18 THE ANTIGUA CONVENTION 

19 SEC. 201. SHORT TITLE. 

20 This title may be cited as the ‘‘Antigua Convention 

21 Implementing Act of 2011’’. 

22 SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT 

23 OF 1950. 

24 Except as otherwise expressly provided, whenever in 

25 this title an amendment or repeal is expressed in terms 


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1 of an amendment to, or repeal of, a section or other provi2 sion, the reference shall be considered to be made to a 

3 section or other provision of the Tuna Conventions Act 

4 of 1950 (16 U.S.C. 951 et seq.). 

5 SEC. 203. DEFINITIONS. 

6 Section 2 (16 U.S.C. 951) is amended to read as fol7 lows: 

8 ‘‘SEC. 2. DEFINITIONS. 

9 ‘‘In this Act: 

10 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Anti11 gua Convention’ means the Convention for the 

12 Strengthening of the Inter-American Tropical Tuna 

13 Commission Established by the 1949 Convention 

14 Between the United States of America and the Re15 public of Costa Rica, signed at Washington, Novem16 ber 14, 2003. 

17 ‘‘(2) COMMISSION.—The term ‘Commission’ 

18 means the Inter-American Tropical Tuna Commis19 sion provided for by the Convention. 

20 ‘‘(3) CONVENTION.—The term ‘Convention’ 

21 means— 

22 ‘‘(A) the Convention for the Establishment 

23 of an Inter-American Tropical Tuna Commis24 sion, signed at Washington, May 31, 1949, by 


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1 the United States of America and the Republic 

2 of Costa Rica; 

3 ‘‘(B) the Antigua Convention, upon its 

4 entry into force for the United States, and any 

5 amendments thereto that are in force for the 

6 United States; or 

7 ‘‘(C) both such Conventions, as the context 

8 requires. 

9 ‘‘(4) PERSON.—The term ‘person’ means an in10 dividual, partnership, corporation, or association 

11 subject to the jurisdiction of the United States. 

12 ‘‘(5) UNITED STATES.—The term ‘United 

13 States’ includes all areas under the sovereignty of 

14 the United States. 

15 ‘‘(6) UNITED STATES COMMISSIONERS.—The 

16 term ‘United States commissioners’ means the indi17 viduals appointed in accordance with section 3(a).’’. 

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

19 QUALIFICATIONS. 

20 Section 3 (16 U.S.C. 952) is amended to read as fol21 lows: 

22 ‘‘SEC. 3. COMMISSIONERS. 

23 ‘‘(a) COMMISSIONERS.—The United States shall be 

24 represented on the Commission by 4 United States Com25 missioners. The President shall appoint individuals to 


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1 serve on the Commission at the pleasure of the President. 

2 In making the appointments, the President shall select 

3 United States Commissioners from among individuals who 

4 are knowledgeable or experienced concerning highly migra5 tory fish stocks in the eastern tropical Pacific Ocean, one 

6 of whom shall be an officer or employee of the Department 

7 of Commerce. Not more than 2 United States Commis8 sioners may be appointed who reside in a State other than 

9 a State whose vessels maintain a substantial fishery in the 

10 area of the Convention. 

11 ‘‘(b) ALTERNATE COMMISSIONERS.—The Secretary 

12 of State, in consultation with the Secretary, may designate 

13 from time to time and for periods of time deemed appro14 priate Alternate United States Commissioners to the Com15 mission. Any Alternate United States Commissioner may 

16 exercise, at any meeting of the Commission or of the Gen17 eral Advisory Committee or Scientific Advisory Sub18 committee established pursuant to section 4(b), all powers 

19 and duties of a United States Commissioner in the ab20 sence of any United States Commissioner appointed pur21 suant to subsection (a) of this section for whatever reason. 

22 The number of such Alternate United States Commis23 sioners that may be designated for any such meeting shall 

24 be limited to the number of United States Commissioners 


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1 appointed pursuant to subsection (a) of this section who 

2 will not be present at such meeting. 

3 ‘‘(c) ADMINISTRATIVE MATTERS.— 

4 ‘‘(1) EMPLOYMENT STATUS.—Individuals serv5 ing as United States Commissioners, other than offi6 cers or employees of the United States Government, 

7 shall not be considered Federal employees except for 

8 the purposes of injury compensation or tort claims 

9 liability as provided in chapter 81 of title 5, United 

10 States Code, and chapter 171 of title 28, United 

11 States Code. 

12 ‘‘(2) COMPENSATION.—The United States Com13 missioners or Alternate Commissioners, although of14 ficers of the United States while so serving, shall re15 ceive no compensation for their services as United 

16 States Commissioners or Alternate Commissioners. 

17 ‘‘(3) TRAVEL EXPENSES.— 

18 ‘‘(A) The Secretary of State shall pay the 

19 necessary travel expenses of United States 

20 Commissioners and Alternate United States 

21 Commissioners to meetings of the Inter-Amer22 ican Tropical Tuna Commission and other 

23 meetings the Secretary of State deems nec24 essary to fulfill their duties, in accordance with 

25 the Federal Travel Regulations and sections 


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1 5701, 5702, 5704 through 5708, and 5731 of 

2 title 5, United States Code. 

3 ‘‘(B) The Secretary may reimburse the 

4 Secretary of State for amounts expended by the 

5 Secretary of State under this subsection.’’. 

6 SEC. 205. GENERAL ADVISORY COMMITTEE AND SCI7 ENTIFIC ADVISORY SUBCOMMITTEE. 

8 Section 4 (16 U.S.C. 953) is amended— 

9 (1) by striking subsection (a) and inserting the 

10 following: 

11 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

12 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; 

13 COMPENSATION.— 

14 ‘‘(A) The Secretary, in consultation with 

15 the Secretary of State, shall appoint a General 

16 Advisory Committee which shall consist of not 

17 more than 25 individuals who shall be rep18 resentative of the various groups concerned 

19 with the fisheries covered by the Convention, in20 cluding nongovernmental conservation organiza21 tions, providing to the maximum extent prac22 ticable an equitable balance among such groups. 

23 Members of the General Advisory Committee 

24 will be eligible to participate as members of the 

25 United States delegation to the Commission 


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1 and its working groups to the extent the Com2 mission rules and space for delegations allow. 

3 ‘‘(B) The chair of the Pacific Fishery 

4 Management Council’s Advisory Subpanel for 

5 Highly Migratory Fisheries and the chair of the 

6 Western Pacific Fishery Management Council’s 

7 Advisory Committee shall be ex-officio members 

8 of the General Advisory Committee by virtue of 

9 their positions in those Councils. 

10 ‘‘(C) Each member of the General Advi11 sory Committee appointed under subparagraph 

12 (A) shall serve for a term of 3 years and is eli13 gible for reappointment. 

14 ‘‘(D) The General Advisory Committee 

15 shall be invited to attend all non-executive 

16 meetings of the United States delegation and at 

17 such meetings shall be given opportunity to ex18 amine and to be heard on all proposed pro19 grams of investigation, reports, recommenda20 tions, and regulations of the Commission. 

21 ‘‘(E) The General Advisory Committee 

22 shall determine its organization, and prescribe 

23 its practices and procedures for carrying out its 

24 functions under this title, the Magnuson-Ste25 vens Fishery Conservation and Management 


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1 Act (16 U.S.C. 1801 et seq.), and the Conven2 tion. The General Advisory Committee shall 

3 publish and make available to the public a 

4 statement of its organization, practices and pro5 cedures. Meetings of the General Advisory Com6 mittee, except when in executive session, shall 

7 be open to the public, and prior notice of meet8 ings shall be made public in timely fashion. The 

9 General Advisory Committee shall not be sub10 ject to the Federal Advisory Committee Act (5 

11 U.S.C. App.). 

12 ‘‘(2) INFORMATION SHARING.—The Secretary 

13 and the Secretary of State shall furnish the General 

14 Advisory Committee with relevant information con15 cerning fisheries and international fishery agree16 ments. 

17 ‘‘(3) ADMINISTRATIVE MATTERS.— 

18 ‘‘(A) The Secretary shall provide to the 

19 General Advisory Committee in a timely man20 ner such administrative and technical support 

21 services as are necessary for its effective func22 tioning. 

23 ‘‘(B) Individuals appointed to serve as a 

24 member of the General Advisory Committee— 


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1 ‘‘(i) shall serve without pay, but while 

2 away from their homes or regular places of 

3 business to attend meetings of the General 

4 Advisory Committee shall be allowed travel 

5 expenses, including per diem in lieu of sub6 sistence, in the same manner as persons 

7 employed intermittently in the Government 

8 service are allowed expenses under section 

9 5703 of title 5, United States Code; and 

10 ‘‘(ii) shall not be considered Federal 

11 employees except for the purposes of injury 

12 compensation or tort claims liability as 

13 provided in chapter 81 of title 5, United 

14 States Code, and chapter 171 of title 28, 

15 United States Code.’’; 

16 (2) by striking so much of subsection (b) as 

17 precedes paragraph (2) and inserting the following: 

18 ‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—(1) 

19 The Secretary, in consultation with the Secretary of State, 

20 shall appoint a Scientific Advisory Subcommittee of not 

21 less than 5 nor more than 15 qualified scientists with bal22 anced representation from the public and private sectors, 

23 including nongovernmental conservation organizations.’’; 

24 and 


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1 (3) in subsection (b)(3), by striking ‘‘General 

2 Advisory Subcommittee’’ and inserting ‘‘General Ad3 visory Committee’’. 

4 SEC. 206. RULEMAKING. 

5 Section 6 (16 U.S.C. 955) is amended to read as fol6 lows: 

7 ‘‘SEC. 6. RULEMAKING. 

8 ‘‘(a) REGULATIONS.—The Secretary, in consultation 

9 with the Secretary of State and, with respect to enforce10 ment measures, the Secretary of the Department in which 

11 the Coast Guard is operating, may promulgate such regu12 lations as may be necessary to carry out the United States 

13 international obligations under the Convention and this 

14 Act, including recommendations and decisions adopted by 

15 the Commission. In cases where the Secretary has discre16 tion in the implementation of one or more measures adopt17 ed by the Commission that would govern fisheries under 

18 the authority of a Regional Fishery Management Council, 

19 the Secretary may, to the extent practicable within the im20 plementation schedule of the Convention and any rec21 ommendations and decisions adopted by the Commission, 

22 promulgate such regulations in accordance with the proce23 dures established by the Magnuson-Stevens Fishery Con24 servation and Management Act (16 U.S.C. 1801 et seq.). 


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1 ‘‘(b) JURISDICTION.—The Secretary may promulgate 

2 regulations applicable to all vessels and persons subject 

3 to the jurisdiction of the United States, including United 

4 States flag vessels wherever they may be operating, on 

5 such date as the Secretary shall prescribe.’’. 

6 SEC. 207. PROHIBITED ACTS. 

7 Section 8 (16 U.S.C. 957) is amended— 

8 (1) by striking ‘‘section 6(c) of this Act’’ each 

9 place it appears and inserting ‘‘section 6’’; and 

10 (2) by adding at the end the following: 

11 ‘‘(i) ADDITIONAL PROHIBITIONS AND ENFORCE12 MENT.—For prohibitions relating to this Act and enforce13 ment of this Act, see section 606 of the High Seas 

14 Driftnet Fishing Moratorium Protection Act (16 U.S.C. 

15 1826g).’’. 

16 SEC. 208. ENFORCEMENT. 

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

18 follows: 

19 ‘‘SEC. 10. ENFORCEMENT. 

20 ‘‘For enforcement of this Act, see section 606 of the 

21 High Seas Driftnet Fishing Moratorium Protection Act 

22 (16 U.S.C. 1826g).’’. 

23 SEC. 209. REDUCTION OF BYCATCH. 

24 Section 15 (16 U.S.C. 962) is amended by striking 

25 ‘‘vessel’’ and inserting ‘‘vessels’’. 


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1 SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

2 ACT OF 1984. 

3 The Eastern Pacific Tuna Licensing Act of 1984 (16 

4 U.S.C. 972 et seq.) is repealed. 

Æ 


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