U.S. GOVERNMENT PUBLISHING OFFICE

WASHINGTON : 

1 

59–010 

" ! SENATE 

114TH CONGRESS

1st Session 

REPORT 

2015

114–166 

Calendar No. 168 

ILLEGAL, UNREPORTED, AND UNREGULATED FISHING ENFORCEMENT ACT OF 

2015 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 1334 

NOVEMBER 10, 2015—Ordered to be printed 


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(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED FOURTEENTH CONGRESS

FIRST SESSION

JOHN THUNE, South Dakota, Chairman 

ROGER F. WICKER, Mississippi BILL NELSON, Florida 

ROY BLUNT, Missouri MARIA CANTWELL, Washington 

MARCO RUBIO, Florida CLAIRE MCCASKILL, Missouri 

KELLY AYOTTE, New Hampshire AMY KLOBUCHAR, Minnesota 

TED CRUZ, Texas RICHARD BLUMENTHAL, Connecticut 

DEB FISCHER, Nebraska BRIAN SCHATZ, Hawaii 

JERRY MORAN, Kansas ED MARKEY, Massachusetts 

DAN SULLIVAN, Alaska CORY BOOKER, New Jersey 

RON JOHNSON, Wisconsin TOM UDALL, New Mexico 

DEAN HELLER, Nevada JOE MANCHIN, West Virginia 

CORY GARDNER, Colorado GARY PETERS, Michigan 

STEVE DAINES, Montana 

DAVID SCHWIETERT, Staff Director 

NICK ROSSI, Deputy Staff Director 

REBECCA SEIDEL, General Counsel 

KIM LIPSKY, Democratic Staff Director 

CHRISTOPHER DAY, Democratic Deputy Staff Director 

CLINT ODOM, Democratic General Counsel 


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Calendar No. 168 

114TH CONGRESS REPORT " ! SENATE 1st Session 144–166 

ILLEGAL, UNREPORTED, AND UNREGULATED FISHING 

ENFORCEMENT ACT OF 2015 

NOVEMBER 10, 2015.—Ordered to be printed 

Mr. THUNE, from the Committee on Commerce, Science, and 

Transportation, submitted the following 

R E P O R T 

[To accompany S. 1334] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 1334) 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, reports favorably thereon with an amendment (in the nature 

of a substitute) and recommends that the bill (as amended) do 

pass. 

PURPOSE OF THE BILL

The purpose of S. 1334, is to implement an international agreement to address illegal fishing activity and establish uniform procedures and penalties for the enforcement of the High Seas Driftnet 

Fishing Moratorium Protection Act (16 U.S.C. 1826 et seq.) and 

other international fisheries statutes. 

BACKGROUND AND NEEDS

Many fish stocks around the world have become depleted in the 

last several decades as a result of fleet overcapacity, overfishing, 

and ineffective fishery law enforcement regimes. Coastal fishing 

nations are responsible for managing the stocks that fall within 

their domestic waters, which extend 200 miles from their coastline, 

also known as the Exclusive Economic Zone (EEZ). However, many 

of these coastal nations do not manage for stock sustainability, enforce their regulations effectively, or coordinate management of 

shared stocks with other fishing nations. 


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1 NOAA National Marine Fisheries Service. ‘‘Efforts to Combat Illegal, Unreported, and Unregulated (IUU) Fishing.’’ Available at: http://www.nmfs.noaa.gov/mediacenter/docs/2011/sep/ 

iuulfactsheet.pdf (accessed July 8, 2013). 2Presidential Task Force on Combating Illegal, Unreported, and Unregulated Fishing and 

Seafood Fraud, Public Meeting. Available at http://www.nmfs.noaa.gov/ia/iuu/ 

iuultranscriptl8l20l14.pdf (accessed March 23, 2015). 3 U.S. Coast Guard. ‘‘Coast Guard interdicted Mexican fishing crew poaching red snapper in 

U.S. waters’’ Available at: http://www.uscgnews.com/go/doc/4007/2476550/Coast-Guard-interdicted-Mexican-fishing-crew-poaching-red-snapper-in-U-S-waters (accessed May 19, 2015). 

Under the Magnuson-Stevens Fishery Conservation and Management Act (MSA, 16 U.S.C. 1801 et seq.), the United States Government exercises jurisdiction over the management of commercial 

fisheries within the U.S. EEZ. The MSA charges the Secretary of 

Commerce, through the National Marine Fisheries Service (NMFS), 

with responsibility for the management of marine fishery resources. The MSA allows Regional Fishery Management Councils 

to develop management plans, subject to the Secretary of Commerce’s approval, that follow the MSA’s requirements for rebuilding overfished stocks and setting harvest levels according to 

science-based catch limits. While fishing activities within U.S. 

waters are regulated and enforced under the MSA, 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. 

The coordinated management of shared stocks harvested beyond 

200 miles is accomplished by nations participating in Regional 

Fisheries Management Organizations (RFMOs) or through international fisheries agreements created to guide and coordinate the 

fisheries management activities of multiple nations that target 

common stocks in specific regions. Each nation that chooses to participate in the RFMOs or international fisheries agreements retains 

its sovereignty, yet is expected to develop domestic fisheries laws 

and regulations consistent with each agreement. The United States 

follows this practice and seeks to implement legislation and regulations to meet the commitments under the RFMOs and international fisheries agreements. Short of such an agreement or implementing legislation, U.S. fisheries managers seek discussions 

with foreign counterparts to address concerns on interjurisdictional 

stock management. 

Illegal, unreported, or unregulated (IUU) fishing, sometimes referred to as pirate fishing, is a global problem that threatens sustainable fisheries and the economies that rely on a healthy ocean. 

IUU fishing encompasses: fishing activities that violate national 

laws; unauthorized transshipments or transfers to cargo vessels at 

sea; fishing using unauthorized gear; fishing without a license or 

keeping fish that are protected by regulations; or fishing in closed 

areas. IUU fishing poses an economic threat to legal fishing operations, especially to sustainably managed U.S. commercial fisheries. Between 2000 and 2014, a National Oceanic and Atmospheric 

Administration (NOAA) spokesperson estimated that the Alaska 

king crab fishery lost approximately $560 million from IUU crab 

fishing,1 with an additional $11 million loss to coastal communities,2 while the U.S. Coast Guard (USCG) estimates that over 

1,100 Mexican boats enter U.S. waters annually, taking up to 

760,000 pounds of Red Snapper.3 As the third largest importer of 

seafood in the world, the United States has an opportunity to boost 

consumer confidence in the seafood supply by keeping illegal products out of the market. Globally, IUU fishing is an extensive probVerDate Sep 11 2014 05:08 Nov 11, 2015 Jkt 059010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6602 E:\HR\OC\SR166.XXX SR166

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4 NOAA National Marine Fisheries Service. ‘‘Illegal Fishing: Not in Our Ports.’’ Available at: 

http://www.nmfs.noaa.gov/ia/iuu/portstatelfactsheet.pdf (accessed July 8, 2013). 5 Agnew, David J., John Pearce, Ganapathiraju Pramod, Tom Peatman, Reg Watson, John R. 

Beddington, and Tony J. Pitcher. ′′Estimating the worldwide extent of illegal fishing.′′ PLoS one 

4, no. 2 (2009): e4570. 

lem: between 11 million and 26 million tons of seafood annually is 

produced by IUU fishing, resulting in estimated losses of $10 billion to $23 billion to legal fishing operations.4 Because IUU fishing 

is often driven by economic rewards that incentivize risk-taking, 

strengthening legal frameworks for addressing IUU fishing is one 

way to make the activity less profitable. 

Worldwide, the amount of IUU fishing appears to be increasing 

as IUU fishermen attempt to avoid stricter fishing rules created to 

address declining fish stocks.5 Preventing IUU fishing on the high 

seas is difficult due to the vast areas of ocean to monitor, enforcement resource limitations, and a high volume of operating fishing 

vessels. Current international efforts to eliminate IUU fishing are 

mainly led through the United Nations Food and Agriculture Organization (FAO), and are primarily focused on pressuring individual 

nations to better control and manage their fishing fleets. 

The threat presented by IUU fishing to the U.S. industry was 

formally recognized in the 2007 amendments to the MSA. The updates to the law required the Secretary of Commerce to improve 

international fisheries management by: identifying nations that 

have vessels engaged in IUU fishing; working with the RFMOs to 

strengthen their ability to reduce IUU fishing activity; building information-sharing capabilities; and seeking the adoption of stronger 

port state controls in all nations. 

Internationally, the United States has actively worked to 

strengthen the existing RFMOs through renegotiation of their underlying agreements or the negotiation of new protocols. With substantial U.S. involvement, international fishery management organizations have adopted and shared IUU vessel lists; used observers 

and technologies to monitor compliance; promoted and used centralized vessel monitoring systems (VMS); established trade tracking and documentation schemes; prevented trade in or importation 

of IUU-caught fish or other living marine resources; and protected 

vulnerable marine ecosystems. The United States has been a leader in encouraging international bodies to adopt measures to address IUU fishing. In 2001, the FAO adopted the International 

Plan of Action to Prevent, Deter, and Eliminate Illegal, Unreported, and Unregulated Fishing (IPOA-IUU), which included tools 

for port states to deal with IUU fishing such as denial of port access and prohibitions on landing and transshipment. The United 

States implemented the IPOA-IUU with a National Plan of Action 

in 2004. 

The Need for Legislation to Strengthen U.S. International 

Fisheries Enforcement 

U.S. international fishery enforcement activities are coordinated 

closely between the NMFS, the State Department, and the USCG. 

The NMFS and the USCG also provide input for the State Department’s negotiations of fishery treaties and agreements, in addition 

to reviewing foreign fishing vessel permit applications. The NMFS 

and the USCG jointly conduct fisheries enforcement patrols and inVerDate Sep 11 2014 05:08 Nov 11, 2015 Jkt 059010 PO 00000 Frm 00005 Fmt 6659 Sfmt 6602 E:\HR\OC\SR166.XXX SR166

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vestigations under a wide-ranging memorandum of understanding 

(MOU). Additionally, the NMFS and the USCG cooperate closely 

with individual States and territories, and coordinate MSA enforcement in and adjacent to State and territorial waters. 

These agencies enforce the provisions of statutes for implementing the terms of the international fisheries treaties and agreements to which the United States is a party. However, as each implementing statute was developed, divergent approaches were often 

taken for establishing enforcement tools, setting fines and penalties, and carrying out enforcement patrols and investigations. As 

a result, U.S. international fisheries enforcement efforts are carried 

out under a patchwork of different standards and statutes. By harmonizing these standards and activities across statutes and with 

the MSA, U.S. fisheries enforcement officers and lawyers could 

streamline, clarify, and improve information sharing and coordination, and strengthen their overall approach for targeting foreign 

IUU fishing. This process also would likely increase the ease and 

improve the efficiency with which the USCG executes its at-sea 

fisheries enforcement activities. This is not an unimportant consideration as the USCG seeks to fulfill its mission requirements in the 

face of an increasingly unpredictable and resource-constrained 

budgetary and appropriations process. 

The United States can also build upon existing efforts to provide 

technical assistance, training, and other support to developing 

countries struggling with fisheries management and IUU enforcement efforts. By encouraging the development of initiatives aimed 

at international fisheries conservation and IUU fishing, in cooperation with the NMFS and USCG experts, the United States can expand its reach and effectiveness in targeting this significant marine policy problem facing developing countries. 

The Agreement on Port State Measures 

Since 2004, the FAO has focused on strengthening port state controls as an effective way of addressing IUU fishing, and a series of 

workshops and consultations with other international organizations 

culminated in the Agreement on Port State Measures to Prevent, 

Deter and Eliminate Illegal, Unreported and Unregulated Fishing 

(Port State Measures Agreement), which was approved by the FAO 

Conference in November 2009. Ultimately, the Port State Measures 

Agreement will deny port entry to IUU fishing vessels and other 

vessels that support IUU fishing. The Port State Measures Agreement, of which the United States was a primary negotiator and one 

of its first signatories, is the first global instrument focused specifically on combating IUU fishing. It sets forth minimum standards 

for the conduct of dockside inspections and training of inspectors 

and, most significantly, would require parties to restrict port entry 

and port services to foreign vessels known or suspected of having 

been involved in IUU fishing, particularly those on the IUU vessel 

list maintained by an RFMO. Since all fish must be brought to port 

to enter into trade, closing ports to illegal product is an effective 

way to prevent, deter, and eliminate IUU fishing. The Port State 

Measures Agreement would also require information sharing, including the sharing of inspection results, with parties and other 

relevant actors to the Port State Measures Agreement when evidence of IUU fishing is found during the course of an inspection. 


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By eliminating so-called ‘‘ports of convenience,’’ the cost of IUU 

fishing operations will increase, and financial incentives for engaging in IUU fishing should be diminished. It is important to identify 

vessels associated with IUU activity as they enter ports, because 

once illegally-caught fish have entered commerce on land it becomes increasingly difficult to identify the origins of the seafood 

product. 

Additionally, the United States has yet to fully ratify and accede 

to the Antigua Convention, which was negotiated to strengthen and 

replace the 1949 Convention establishing the first RFMO, the 

Inter-American Tropical Tuna Commission. The Senate gave its advice and consent to enter into the Antigua Convention in 2005 and 

the Antigua Convention entered into force in 2010, but the United 

States must conform its domestic implementing statute, the Tuna 

Conventions Act of 1950, to the provisions of the Antigua Convention before it deposits its instrument of ratification and accedes to 

the Antigua Convention. 

Many of the requirements that would be made by S. 1334 are 

consistent with standards and processes already in place in the 

United States. For example, the USCG already has rules requiring 

foreign vessels to submit a Notice of Arrival before entering port 

(33 C.F.R. part 160, subpart C). Foreign-flagged fishing vessels are 

generally prohibited from landing their catch in U.S. ports, but 

transport vessels have entered U.S. ports and S. 1334 would allow 

the United States to deny access to such vessels if they were supporting IUU fishing or carrying illegally-caught fish. 

SUMMARY OF PROVISIONS

The Illegal, Unreported, and Unregulated Fishing Enforcement 

Act of 2015 would implement the Antigua Convention, strengthen 

enforcement mechanisms to stop illegal, unreported, and unregulated fishing, and implement the Port State Measures Agreement 

to combat IUU fishing activity. If enacted, S. 1334 would— 

∑ make consistent existing fisheries enforcement laws; 

∑ implement the Antigua Convention, which was ratified by the 

Senate in 2005; 

∑ strengthen and harmonize the enforcement provisions of U.S. 

statutes for implementing international fisheries agreements; 

∑ authorize actions regarding foreign vessels engaged in IUU 

fishing; 

∑ create interagency programs for coordinating international fisheries enforcement and assistance to developing countries; 

∑ require the Secretary of Commerce to designate which ports 

foreign vessels may seek to enter; 

∑ require foreign vessels to submit certain information to the 

USCG and restrict port entry and access to port services by vessels 

that have been engaged in IUU fishing or vessels supporting these 

activities; and 

∑ authorize dockside vessel inspections and information sharing, 

including evidence of IUU fishing found during the course of an inspection. 


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LEGISLATIVE HISTORY

S. 1334 was introduced by Senators Murkowski, Sullivan, and 

Schatz on May 13, 2015. Senators Markey and Whitehouse are cosponsors. On May 20, 2015, the Committee met in open Executive 

Session and, by a voice vote, ordered S. 1334 to be reported favorably with an amendment in the nature of a substitute. Similar bills 

passed out of Committee last Congress: S. 267, the Pirate Fishing 

Elimination Act; S. 269, the International Fisheries Stewardship 

and Enforcement Act; and H.R. 69, the Illegal, Unreported, and 

Unregulated Fishing Enforcement Act. 

ESTIMATED COSTS

In accordance with paragraph 11(a) of rule XXVI of the Standing 

Rules of the Senate and section 403 of the Congressional Budget 

Act of 1974, the Committee provides the following cost estimate, 

prepared by the Congressional Budget Office: 

S. 1334—Illegal, Unreported, and Unregulated Fishing Enforcement Act of 2015 

S. 1334 would provide the National Oceanic and Atmospheric Administration (NOAA) with additional tools to enforce fisheries laws 

and combat illegal, unreported, and unregulated (IUU) fishing. The 

bill would establish uniform enforcement policies and procedures 

under the many federal statutes that govern the regulation of commercial fishing. The bill also would allow NOAA to implement two 

international fishing agreements previously entered into by the 

United States. 

Assuming appropriation of the authorized amounts, CBO esti- mates that implementing S. 1334 would cost $2 million over the 

2016–2020 period. Because enacting the bill could increase revenues (from civil and criminal penalties) and associated direct 

spending, pay-as-you-go procedures apply. However, CBO estimates 

that such increases in penalties and spending would be less than 

$500,000 annually and would offset each other in most years. 

CBO has reviewed title I of S. 1334 and determined that it contains no intergovernmental or private-sector mandates as defined 

in the Unfunded Mandates Reform Act (UMRA). Section 4 of 

UMRA excludes from the application of that act any legislative provisions that are necessary for the ratification or implementation of 

international treaty obligations. CBO has determined that titles II 

and III fall within that exclusion because they would implement 

international fishing treaties. 

Enforcement of Fisheries Laws 

Title I would authorize the appropriation of $450,000 a year for 

NOAA to expand the scope of information considered for identifying 

IUU vessels and require the agency to keep a list of countries with 

vessels engaged in IUU fishing in the preceding three years. Assuming appropriation of the authorized amounts, CBO estimates 

that carrying out those activities would cost about $2 million over 

the 2016–2020 period. 

Title I also would provide NOAA with greater authority to combat IUU fishing. While the bill would not explicitly mandate an increase in NOAA’s enforcement efforts, the enhanced enforcement 


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authorities could result in additional costs if those authorities increased the number of violations adjudicated by the agency. In 

2015, NOAA received appropriations totaling $66 million to enforce 

more than 35 federal statutes. Based on information provided by 

the agency, CBO expects that any increase in enforcement costs 

under S. 1334 associated with IUU fishing would not be significant 

in any year. 

In addition, title I would make various amendments to portions 

of the High Seas Driftnet Fishing Moratorium Protection Act and 

the Magnuson-Stevens Fishery Conservation and Management Act. 

Based on information provided by NOAA, CBO expects that implementing those amendments would not affect the agency’s workload 

because the agency is conducting most of the newly required activities under current law. The authorization of appropriations to carry 

out the affected portions of those acts expired in 2013; however, the 

Congress has continued to appropriate funds to conduct activities 

under those laws. In 2015, the agency received appropriations totaling $3 million to implement those provisions. 

Finally, title I could increase civil and criminal penalties for violations of fisheries laws. Based on information provided by NOAA, 

CBO estimates that any increase in revenues from penalties would 

be less than $500,000 a year and would be offset by similar increases in direct spending from the Crime Victims Fund (for criminal penalties) or by NOAA (for civil penalties) as authorized by existing law. 

Implementation of the Antigua Convention 

Title II would amend the Tuna Conventions Act of 1950 to implement the Antigua Convention and would establish guidelines for 

the selection, composition, and duties of certain bodies that represent the United States on the Inter-American Tropical Tuna 

Commission. Because those bodies currently exist and members of 

those bodies are not compensated by the federal government, CBO 

estimates that implementing title II would have no significant effect on the federal budget. 

Implementation of the Agreement on Port State Measures 

Title III would require NOAA to identify ports that can be used 

by foreign vessels, coordinate inspections of those vessels with the 

U.S. Coast Guard (USCG), deny port entry to vessels that have engaged in IUU fishing, and share information with foreign governments and other entities regarding the results of inspections and 

any actions taken if IUU fishing is discovered. Title III also would 

establish civil and criminal penalties for entities that violate provisions in the bill. 

Based on information provided by NOAA and the USCG, CBO 

estimates that implementing title III would have no significant effect on the federal budget The affected agencies already carry out 

the activities required under the bill. Enacting the legislation could 

increase revenues (from civil and criminal penalties) and associated 

direct spending; however, CBO estimates that such increases would 

be small and would offset each other in most years. 

On June 12, 2015, CBO transmitted a cost estimate for H.R. 774, 

the Illegal, Unreported, and Unregulated Fishing Enforcement Act 

of 2015, as ordered reported by the House Committee on Natural 


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Resources on April 30, 2015. The two pieces of legislation are similar and the estimated budgetary effects are the same. 

The CBO staff contacts for this estimate are Jeff LaFave (for federal costs), Jon Sperl (for intergovernmental mandates), and Amy 

Petz (for private-sector mandates). The estimate was approved by 

H. Samuel Papenfuss, Deputy Assistant Director for Budget Analysis. 

REGULATORY IMPACT

In accordance with paragraph 11(b) of rule XXVI of the Standing 

Rules of the Senate, the Committee provides the following evaluation of the regulatory impact of the legislation, as reported: 

NUMBER OF PERSONS COVERED

S. 1334 would make refinements to the existing statutory authorities of NOAA, the NMFS and the USCG to better enable them 

to limit and regulate access to U.S. ports and port services in order 

to curtail IUU fishing activity. It would authorize the Secretary of 

Commerce to designate ports to which foreign vessels involved in 

fishing or fishing-related activity may request entry, and to require 

such vessels to provide advance notice for such requests. It generally would require the Secretary of Commerce and the Secretary 

of the department in which the Coast Guard is operating to deny 

port entry to those vessels known to have engaged in or supported 

IUU fishing, as well as to prohibit vessels already in U.S. ports 

from landing, transshipping, packaging, or processing fish where 

there is evidence they have engaged in or supported IUU fishing. 

The provisions of the bill would generally apply with respect to foreign vessels seeking entry to or in a port subject to the jurisdiction 

of the United States, vessels of the United States seeking entry to 

or in a port subject to the jurisdiction of another party to the Port 

State Measures Agreement, and persons who are subject to the jurisdiction of the United States. 

S. 1334 would strengthen and harmonize the enforcement provisions of a number of implementing statutes for international fisheries agreements to which the United States is a party; authorize 

actions regarding foreign vessels engaged in IUU fishing; authorize 

actions regarding the importation of IUU fish and fish product into 

the United States; facilitate provision of international fisheries enforcement technical expertise, training, and other assistance to developing countries; and make technical and clarifying changes to 

international fisheries statutes. It would authorize the Secretary of 

Commerce to promulgate regulations necessary to carry out the enforcement authorities under section 101 of this Act and each act to 

which that section would apply. Persons subject to enforcement 

proceedings under these provisions could be subject to new regulations. 

ECONOMIC IMPACT

The legislation is not expected to have a negative impact on the 

Nation’s economy and in fact, would have a positive impact. IUUcaught fish significantly undercut the value of legally, sustainably 

caught fish in the United States and elsewhere around the world. 

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caught fish into the stream of commerce in the United States, it 

is expected to have a positive impact on the domestic fishing and 

seafood industries. The Secretary of Commerce would be allowed to 

reimburse United States Commissioners for travel expenses. 

PRIVACY

The reported bill would have little, if any, impact on the personal 

privacy of individuals. 

PAPERWORK

S. 1334 would require a vessel covered by the Act to submit to 

the USCG Captain of the Port certain basic information about the 

vessel when it is requesting port entry. However, much of the information (such as a vessel’s name, type, flag state, dimensions, destination, estimated date and time of arrival, IMO ship identification number, international radio call sign) is already reported and 

available to the USCG via automated information system transmissions, the USCG’s Marine Information Safety and Law Enforcement System, and other sources. Because the bill would require 

that the procedure for submitting vessel information utilize existing USCG reporting mechanisms to the maximum extent possible, 

S. 1334 is not expected to impose any new paperwork requirements 

on private citizens, businesses, or other entities that do not choose 

to participate in international fisheries activities; those who do participate in this industry may be subject to some changes in the paperwork requirements to meet emerging program needs. By replacing multiple requirements for Federal enforcement of high seas 

fishing law with a single set of national requirements, S. 1334 will 

likely reduce paperwork requirements for individuals, businesses, 

and enforcement agencies. It would streamline enforcement for the 

owners and operators of approximately 70,000 vessels with respect 

to high seas fishing. 

CONGRESSIONALLY DIRECTED SPENDING

In compliance with paragraph 4(b) of rule XLIV of the Standing 

Rules of the Senate, the Committee provides that no provisions 

contained in the bill, as reported, meet the definition of congressionally directed spending items under the rule. 

SECTION-BY-SECTION ANALYSIS

Section 1. Short title. 

This section would designate the short title of this bill, the ‘‘Illegal, Unreported, and Unregulated Fishing Enforcement Act of 

2015.’’ 

Section 2. Table of contents. 

This section would provide the table of contents. 


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TITLE I— STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

Section 101. Amendments to the High Seas Driftnet Fishing Moratorium Protection Act. 

This section would change responsibility of the enforcement of 

the High Seas Driftnet Fishing Moratorium Protection Act from the 

President to the Secretary of Commerce and the Secretary of the 

department in which the Coast Guard is operating, and would 

allow them to use the assets of Federal and State agencies in their 

duties. This section would apply to the Pacific Salmon Treaty Act 

of 1985 (16 U.S.C. 3631 et seq.), the Dolphin Protection Consumer 

Information Act (16 U.S.C. 1385), the Tuna Conventions Act of 

1950 (16 U.S.C. 951 et seq.), the North Pacific Anadromous Stocks 

Act of 1992 (16 U.S.C. 5001 et seq.), the Atlantic Tunas Convention 

Act of 1975 (16 U.S.C. 971 et seq.), the Northwest Atlantic Fisheries Convention Act of 1995 (16 U.S.C. 5601 et seq.), the Western 

and Central Pacific Fisheries Convention Implementation Act (16 

U.S.C. 6901 et seq.), and the Antigua Convention Implementing 

Act of 2015. The Secretary of Commerce would be allowed to engage in international cooperation to help other nations combat IUU 

fishing. The existing enforcement provisions of the MSA would 

apply to enforcement of this Act, the authority of authorized officers, and data disclosure. The data confidentiality provisions of the 

MSA would not apply to obligations of the United States to share 

information under a RFMO or with respect to foreign vessels. Violating any regulation or permit issued pursuant to this Act, refusing an inspection by an authorized officer, assaulting an officer, resisting arrest, and interfering with or impeding an investigation by 

any NMFS data collector or observer would be prohibited. Civil and 

criminal penalties of the existing MSA would apply. 

The Secretary of Commerce would be allowed to develop a list of 

vessels that have engaged in IUU fishing and to take appropriate 

action against them in accordance with U.S. law. These vessels 

would be identified using data from the international fishery management organizations and listed in a report if they have engaged 

in IUU fishing within three years. The definition of IUU fishing 

would be expanded to include fishing that has undermined the effectiveness of measures taken by an international fishery management organization. Nations would be listed in the report if they are 

violating, or failing to address or regulate IUU fisheries in the preceding three years. The Secretary of Commerce would be required 

to notify the President when a nation has been listed on the IUU 

list. Nations which have been IUU listed would be notified and informed about the provisions of this Act. 

The Secretary of Commerce would be allowed to establish a procedure to authorize the importation of fish products from countries 

or vessels that have been on the IUU list in the last three years 

if they can demonstrate that they are now fishing in such a way 

as to avoid bycatch of protected species and are using practices 

comparable to those used in the United States. Additional changes 

in this section would ensure consistency. 


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Section 102. Amendments to the High Seas Driftnet Fisheries Enforcement Act. 

This section would revoke clearance into U.S. ports of vessels 

from a nation that has been listed as participating in IUU fishing, 

except for the purposes of inspection or enforcement. IUU fishing 

references would be removed from this Act because they would now 

be covered in the High Seas Driftnet Fishing Moratorium Protection Act. Prohibitions from the High Seas Driftnet Fisheries Enforcement Act would be applied to IUU listed vessels, and within 

six months the Secretary of Commerce would be required to determine whether the prohibitions are sufficient to cause the nation to 

address the activities that led to their IUU listing. 

Section 103. Amendments to the North Pacific Anadromous Stocks 

Act of 1992. 

This section would add ‘‘investigation’’ to ‘‘search or inspection,’’ 

as activities during which it is unlawful to refuse an enforcement 

officer to board a vessel for purposes of an investigation, or to assault, impede, or interfere with an officer. The penalties and enforcement sections of the North Pacific Anadromous Stocks Act of 

1992 would be replaced with the penalties and enforcement sections of the High Seas Driftnet Fishing Moratorium Protection Act. 

Section 104. Amendments to the Pacific Salmon Treaty Act of 1985. 

This section would add ‘‘investigation’’ to ‘‘search or inspection,’’ 

as activities during which it is unlawful to refuse an enforcement 

officer to board a vessel for purposes of an investigation, or to assault, impede, or interfere with an officer. The prohibitions and enforcement sections of the Pacific Salmon Treaty Act of 1985 would 

be struck out and would refer instead to the prohibitions and enforcement sections of the High Seas Driftnet Fishing Moratorium 

Protection Act. 

Section 105. Amendments to the Western and Central Pacific Fisheries Convention Implementation Act. 

The prohibitions and enforcement sections of the Western and 

Central Pacific Fisheries Convention Implementation Act would be 

struck out and would refer instead to the prohibitions and enforcement sections of the High Seas Driftnet Fishing Moratorium Protection Act. 

Section 106. Amendments to the Antarctic Marine Living Resources 

Convention Act. 

This section would remove the requirement for a person who is 

violating the Antarctic Marine Living Resources Convention Act to 

do so knowingly. It would add ‘‘investigation’’ to ‘‘search or inspection,’’ as activities during which it is unlawful to refuse an enforcement officer to board a vessel for purposes of an investigation, or 

to assault, impede, or interfere with an officer. It also would allow 

the Secretary of Commerce to publish a final regulation for conservation measures that have been in effect for 12 months or less 

and have been adopted by the commission and enters these regulations into force when published. 


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Section 107. Amendments to the Atlantic Tunas Convention Act. 

This section would allow the Secretary of Commerce to issue 

trade restriction measures against nations or fishing entities that 

violate the Atlantic Tunas Convention Act. The sanctions, forfeiture, and parts of the enforcement sections of that Act would be 

struck out and would refer instead to the prohibitions and enforcement sections of the High Seas Driftnet Fishing Moratorium Protection Act. The requirement for an annual report would be removed. 

Section 108. Amendments to the High Seas Fishing Compliance Act 

of 1965. 

This section would remove the five-year limitations of the permit 

for the High Seas Fishing Compliance Act of 1965, void a permit 

issued if one or more permits required for a vessel to fish expire, 

are revoked, or suspended, or the vessel is no longer eligible for 

U.S. documentation. 

Section 109. Amendments to the Dolphin Protection Consumer Information Act. 

The prohibitions and enforcement sections of the Dolphin Protection Consumer Information Act would be struck out and would 

refer instead to the prohibitions and enforcement sections of the 

High Seas Driftnet Fishing Moratorium Protection Act. 

Section 110. Amendments to the Northern Pacific Halibut Act of 

1982. 

This section would add ‘‘investigation’’ to ‘‘search or inspection,’’ 

as activities during which it would be unlawful to refuse an enforcement officer to board a vessel for purposes of an investigation, 

or to assault, impede, or interfere with an officer. Technical corrections also would be made. 

Section 111. Amendments to the Northwest Atlantic Fisheries Convention Act of 1995. 

The civil and criminal penalties, civil forfeitures, enforcement, 

fish disposal, and jurisdiction sections of the Northwest Atlantic 

Fisheries Convention Act of 1995 would be struck out and would 

refer instead to the prohibitions and enforcement sections of the 

High Seas Driftnet Fishing Moratorium Protection Act. It would 

add ‘‘investigation’’ to ‘‘search or inspection,’’ as activities during 

which it is unlawful to refuse an enforcement officer to board a vessel for purposes of an investigation, or to assault, impede, or interfere with an officer. 

Section 112. Amendment to the Magnuson-Stevens Fishery Conservation and Management Act. 

This section would add a prohibition on the import, export, sale, 

acquisition, or purchase of fish that have been taken or sold in violation of treaties to which the United States is a party. 


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TITLE II— IMPLEMENTATION OF THE ANTIGUA CONVENTION

Section 201. Short title. 

This section would designate the short title of title II of the bill 

as the ‘‘Antigua Convention Implementing Act of 2015.’’ 

Section 202. Amendment of the Tuna Conventions Act of 1950. 

This section would apply all changes made in S. 1334 to other 

acts to the Tuna Conventions Act of 1950. 

Section 203. Definitions. 

This section would define the following terms: ‘‘Antigua Convention’’; ‘‘Commission’’; ‘‘Convention’’; ‘‘person’’; ‘‘United States’’; and 

‘‘United States Commissioners.’’ 

Section 204. Commissioners; number, appointment, and qualifications. 

This section would direct the President to appoint five United 

States Commissioners to represent the United States on the InterAmerican Tropical Tuna Commission, who would be supervised by 

the Secretary of State. It would limit the number of outside commissions and would allow the Secretary of State to designate alternates. United States Commissioners would not be considered Federal employees and receive no compensation, but may be reimbursed for travel expenses. The Secretary of Commerce would be 

allowed to reimburse the Secretary of State for expenses incurred 

under this Act. 

Section 205. General Advisory Committee and Scientific Advisory 

Subcommittee. 

This section would direct the Secretary of Commerce, in consultation with the Secretary of State, to appoint a General Advisory 

Committee, consisting of no more than 25 individuals. This section 

also would direct the Secretary of Commerce, in consultation with 

the Secretary of State, to appoint a Scientific Advisory Subcommittee consisting of 5 to 15 qualified scientists. This section 

would describe how the committee and subcommittee should be set 

up. 

Section 206. Rulemaking. 

This section would direct the Secretary of Commerce to consult 

with the Secretary of State and, when appropriate, the Secretary 

of the department in which the Coast Guard is operating to promulgate regulations necessary to carry out U.S. responsibilities 

under the Antigua Convention and the Tuna Conventions Act of 

1950. 

Section 207. Prohibited acts. 

This section would incorporate into the Tuna Conventions Act of 

1950, as amended, the prohibited acts under section 606 of the 

High Seas Driftnet Fishing Moratorium Protection Act. 


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Section 208. Enforcement. 

This section would enforce the Tuna Conventions Act of 1950, as 

amended, under section 606 of the High Seas Driftnet Fishing Moratorium Protection Act. 

Section 209. Reduction of bycatch. 

This section would make a technical correction. 

Section 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984. 

This section would repeal the Eastern Pacific Tuna Licensing Act 

of 1984 (16 U.S.C. 972 et seq.). 

TITLE III— STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

Section 301. Short title. 

This section would designate the short title of title III of the bill 

as the ‘‘Port State Measures Agreement Act of 2015.’’ 

Section 302. Purpose. 

This section would state that the purpose of this title of the bill 

is to implement the Port State Measures Agreement. 

Section 303. Definitions. 

This section would define the following terms: ‘‘Agreement’’ as 

the Port State Measures Agreement; ‘‘fish’’; ‘‘fishing’’; ‘‘IUU fishing’’; ‘‘Listed IUU vessel’’; ‘‘Magnuson-Stevens Act’’; ‘‘person’’; 

‘‘RFMO’’; ‘‘Secretary’’; and ‘‘vessel.’’ 

Section 304. Duties and authorizations of the Secretary. 

This section would authorize the Secretary of Commerce to promulgate regulations to carry out this Act. It would authorize the 

Secretary of Commerce to consult with the Secretary of State, the 

Secretary of Homeland Security, and the Secretary of the department in which the Coast Guard is operating to develop procedures 

to carry out this Act. This section would require the Secretary to 

develop and share a list of ports to which vessels may seek entry 

under the Act, and would authorize the Secretary to cooperate with 

the FAO to facilitate information sharing relevant to the Port State 

Measures Agreement. This section would require the Secretary of 

Commerce to maintain, and to make readily available, information 

about legal remedies available to persons affected by actions under 

this Act. Finally, this section would allow the Secretary of Commerce to request confirmation that fish on board a foreign vessel 

in a U.S. port were taken in accordance with RFMO measures. 

Section 305. Authorization or denial of port entry. 

This section would require a foreign vessel to submit certain information in advance of its arrival to the Secretary of the department in which the Coast Guard is operating, and for those procedures to conform to existing reporting mechanisms utilized by the 

USCG. This section would authorize the Secretary of Commerce to 

authorize port entry or to deny port entry to a vessel that is known 

or suspected of IUU fishing or supporting IUU fishing. This section 

would authorize the Secretary of Commerce to allow port entry to 

a vessel that would otherwise be denied if the vessel or a person 


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aboard needs assistance, if the vessel is going to be scrapped, or 

to inspect the vessel or carry out enforcement. 

Section 306. Inspections. 

This section would authorize the Secretary of Commerce and the 

Secretary of the department in which the Coast Guard is operating 

to conduct vessel inspections and to take enforcement action 

against vessels found to have been engaged in IUU fishing or related activities. 

Section 307. Prohibited acts. 

This section would make it unlawful for any person to: violate 

this Act; refuse an authorized officer to board, search, or inspect a 

vessel or facility; or submit false information. For other prohibitions this Act refers to the Western and Central Pacific Fisheries 

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

Section 308. Enforcement. 

This section would apply the enforcement authorities under the 

MSA and subsection (b) of the Antarctic Marine Living Resources 

Convention Act (16 U.S.C. 2439(b)) to the enforcement of this title. 

This section would authorize the Secretary of Commerce to enforce 

this Act with the same authority as defined in the MSA. This section would specify that civil penalties, the ability of the Secretary 

of Commerce to take action, in rem jurisdiction, forfeiture, and 

criminal enforcement, shall be consistent with those defined in the 

MSA. The Secretary of Commerce would be authorized to refer persons who do not pay civil penalties under this law to the Attorney 

General, who shall recover the amount of the penalty. This section 

would apply to all current law on seizure of property to this title, 

and would authorize customs enforcement agents to enforce this 

law. 

Section 309. International cooperation and assistance. 

This section would authorize the Secretary of Commerce to provide assistance, including grants, to other nations and international organizations for the purposes of assisting other nations 

to meet their obligations under the Port State Measures Agreement. The Secretary of Commerce would be authorized by this section to use resources of other entities. 

Section 310. Relationship to other laws. 

This section would clarify that this Act would not displace any 

requirements of U.S. customs laws or any other laws or regulations 

enforced or administered by the Department of Homeland Security, 

and that this Act would not affect a vessel’s ability to enter ports 

for reasons of force majeure or distress. 

CHANGES IN EXISTING LAW

In compliance with paragraph 12 of rule XXVI of the Standing 

Rules of the Senate, 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 material is printed in italic, existing law in which no change is proposed is shown in roman): 


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HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION 

ACT 

[16 U.S.C. 1826d et seq.] 

SEC. 606. ENFORCEMENT. 

[16 U.S.C. 1826g] 

øThe President¿ 

(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 the 

following Acts: 

(1) The Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 

et seq.). 

(2) The Dolphin Protection Consumer Information Act (16 

U.S.C. 1385). 

(3) The Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.). 

(4) The North Pacific Anadromous Stocks Act of 1992 (16 

U.S.C. 5001 et seq.). 

(5) The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 

et seq.). 

(6) The Northwest Atlantic Fisheries Convention Act of 1995 

(16 U.S.C. 5601 et seq.). 

(7) The Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.). 

(8) The Antigua Convention Implementing Act of 2015. 

(c) ADMINISTRATION AND ENFORCEMENT.— 

(1) IN GENERAL.—The Secretary shall prevent any person 

from violating this Act, or any Act to which this section applies, 

in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though sections 308 through 

311 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858, 1859, 1860, and 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 


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U.S.C. 1861) were incorporated into and made a part of each 

such Act. 

(2) DISCLOSURE OF ENFORCEMENT INFORMATION.— 

(A) IN GENERAL.—The Secretary, subject to the data confidentiality provisions in section 402 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 

1881a), may disclose, as necessary and appropriate, information, including information collected under joint authority of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1801 et seq.) and the Atlantic 

Tunas Convention Act of 1975 (16 U.S.C. 971 et seq.) or the 

Western and Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 6901 et seq.) or other statutes implementing international fishery agreements, to any other 

Federal or State government agency, the Food and Agriculture Organization of the United Nations, the secretariat 

or equivalent of an international fishery management organization or arrangement made pursuant to an international 

fishery agreement, or a foreign government, if— 

(i) such government, organization, or arrangement 

has policies and procedures to protect such information 

from unintended or unauthorized disclosure; and 

(ii) such disclosure is necessary— 

(I) to ensure compliance with any law or regulation enforced or administered by the Secretary; 

(II) to administer or enforce any international 

fishery agreement to which the United States is a 

party; 

(III) to administer or enforce a binding conservation measure adopted by any international organization or arrangement to which the United States 

is a party; 

(IV) to assist in any investigative, judicial, or 

administrative enforcement proceeding in the 

United States; or 

(V) to assist in any law enforcement action undertaken by a law enforcement agency of a foreign 

government, or in relation to a legal proceeding 

undertaken by a foreign government to the extent 

the enforcement action is consistent with rules and 

regulations of a regional 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. 

(B) DATA CONFIDENTIALITY PROVISIONS NOT APPLICABLE.—The data confidentiality provisions of section 402 of 

the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a) shall not apply with respect to 

this Act with respect to— 

(i) any obligation of the United States to share information under a Regional Fishery Management Organization to which the United States is a party; or 


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(ii) with respect to any information collected by the 

Secretary regarding foreign vessels. 

(e) PROHIBITED ACTS.—It is unlawful for any person— 

(1) to violate any provision of this Act or any regulation or 

permit issued pursuant to this Act; 

(2) to refuse to permit any officer authorized to enforce the 

provisions of this Act to board, search, or inspect a vessel, subject to such person’s control for the purposes of conducting any 

search, investigation, or inspection in connection with the enforcement of this Act, any regulation promulgated under this 

Act, or any Act to which this section applies; 

(3) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any such authorized officer in the conduct of any 

search, investigation, or inspection described in paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section or any Act to which this section applies; 

(5) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of an other person, knowing that 

such person has committed any act prohibited by this section or 

any Act to which this section applies; or 

(6) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with— 

(A) any observer on a vessel under this Act or any Act to 

which this section applies; or 

(B) any data collector employed by the National Marine 

Fisheries Service or under contract to any person to carry 

out responsibilities under this Act or any Act to which this 

section applies. 

(f) CIVIL PENALTY.—Any person who commits any act that is unlawful under subsection (e) shall be liable to the United States for 

a civil penalty, and may be subject to a permit sanction, under section 308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1858). 

(g) CRIMINAL PENALTY.—Any person who commits an act that is 

unlawful under paragraph (2), (3), (4), (5), or (6) of subsection (e) 

is deemed to be guilty of an offense punishable under section 309(b) 

of the Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1859(b)). 

(h) UTILIZATION OF FEDERAL AGENCY ASSETS.— The President 

shall utilize appropriate assets of the Department of Defense, the 

United States Coast Guard, and other Federal agencies to detect, 

monitor, and prevent violations of the United Nations moratorium 

on large-scale driftnet fishing on the high seas for all fisheries 

under the jurisdiction of the United States and, in the case of fisheries not under the jurisdiction of the United States, to the fullest 

extent permitted under international law. 

SEC. 607. BIENNIAL REPORT ON INTERNATIONAL COMPLIANCE. 

[16 U.S.C. 1826h] 

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

provide to Congress, by not later than 2 years after the date of enactment of the Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006, and every 2 years thereafter, 

a report that includes— 

(1) the state of knowledge on the status of international living marine resources shared by the United States or subject to 


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treaties or agreements to which the United States is a party, 

including a list of all such fish stocks classified as overfished, 

overexploited, depleted, endangered, or threatened with extinction by any international or other authority charged with management or conservation of living marine resources; 

(2) a list of nations øwhose vessels¿ that have been identified 

under section 609(a) or 610(a), including the specific offending 

activities and any subsequent actions taken pursuant to section 609 or 610; 

(3) a description of efforts taken by nations on those lists to 

comply take appropriate corrective action consistent with sections 609 and 610, and an evaluation of the progress of those 

efforts, including steps taken by the United States to implement those sections and to improve international compliance; 

(4) progress at the international level, consistent with section 

608, to strengthen the efforts of international fishery management organizations to end illegal, unreported, or unregulated 

fishing; and 

(5) steps taken by the Secretary at the international level to 

adopt international measures comparable to those of the 

United States to reduce impacts of fishing and other practices 

on protected living marine resources, if no international agreement to achieve such goal exists, or if the relevant international fishery or conservation organization has failed to implement effective measures to end or reduce the adverse impacts of fishing practices on such species. 

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

[16 U.S.C. 1826i] 

(a) IN GENERAL.—The Secretary, in consultation with the Secretary of State, and in cooperation with relevant fishery management councils and any relevant advisory committees, shall take actions to improve the effectiveness of international fishery management organizations, or arrangements made pursuant to an international fishery agreement, in conserving and managing fish stocks 

under their jurisdiction. These actions shall include— 

(1) urging international fishery management organizations to 

which the United States is a member— 

(A) to incorporate multilateral market-related measures 

against member or nonmember governments whose vessels 

engage in illegal, unreported, or unregulated fishing; 

(B) to seek adoption of lists that identify fishing vessels 

and vessel owners engaged in illegal, unreported, or unregulated fishing that can be shared among all members 

and other international fishery management organizations; 

(C) to seek international adoption of a centralized vessel 

monitoring system in order to monitor and document capacity in fleets of all nations involved in fishing in areas 

under an international fishery management organization’s 

jurisdiction; 

(D) to increase use of observers and technologies needed 

to monitor compliance with conservation and management 

measures established by the organization, including vessel 

monitoring systems and automatic identification systems; 


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(E) to seek adoption of stronger port state controls in all 

nations, particularly those nations in whose ports vessels 

engaged in illegal, unreported, or unregulated fishing land 

or transship fish; and 

(F) to adopt shark conservation measures, including 

measures to prohibit removal of any of the fins of a shark 

(including the tail) and discarding the carcass of the shark 

at sea; 

(2) urging international fishery management organizations to 

which the United States is a member, as well as all members 

of those organizations, to adopt and expand the use of marketrelated measures to combat illegal, unreported, or unregulated 

fishing, including— 

(A) import prohibitions, landing restrictions, or other 

market-based measures needed to enforce compliance with 

international fishery management organization measures, 

such as quotas and catch limits; 

(B) import restrictions or other market-based measures 

to prevent the trade or importation of fish caught by vessels identified multilaterally as engaging in illegal, unreported, or unregulated fishing; and 

(C) catch documentation and certification schemes to improve tracking and identification of catch of vessels engaged in illegal, unreported, or unregulated fishing, including advance transmission of catch documents to ports of 

entry; 

(3) seeking to enter into international agreements that require measures for the conservation of sharks, including measures to prohibit removal of any of the fins of a shark (including 

the tail) and discarding the carcass of the shark at sea, that 

are comparable to those of the United States, taking into account different conditions; and 

(4) urging other nations at bilateral, regional, and international levels, including the Convention on International 

Trade in Endangered Species of Fauna and Flora and the 

World Trade Organization to take all steps necessary, consistent with international law, to adopt measures and policies 

that will prevent fish or other living marine resources harvested by vessels engaged in illegal, unreported, or unregulated fishing from being traded or imported into their nation 

or territories. 

(b) DISCLOSURE OF INFORMATION.—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. 971 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, 


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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. 

[16 U.S.C. 1826j] 

(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 øfishing vessels of that nation are engaged, or have¿ a 

fishing vessel of that nation is engaged or has been engaged at 

any point during the preceding ø2 years,¿ 3 years, in illegal, 

unreported, or unregulated fishing— 

ø(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 øvessels of¿ that nation or the nation is not a party 

to, or does not maintain cooperating status with, such organization; or 

ø(2)¿(B) where no international fishery management organization exists with a mandate to regulate the fishing activity in 

question. 

(2) IDENTIFICATION FOR ACTIONS OF NATION.—Taking into account the factors described under paragraph (1), the Secretary 

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

(A) if it is violating, or has violated at any point during 

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ures 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. 

ø(b) NOTIFICATION.—An identification under subsection (a) or 

section 610(a) is deemed to be an identification under section 

101(b)(1)(A) of the High Seas Driftnet Fisheries Enforcement Act 

(16 U.S.C. 1826a(b)(1)(A)), and the Secretary shall notify the President and that nation of such identification.¿ 

(b) NOTIFICATION.—The Secretary shall notify the President and 

that nation of an identification made under subsection (a). 

(c) CONSULTATION.—No later than 60 days after submitting a report to Congress under section 607, the Secretary, acting through 

the Secretary of State, shall— 

(1) notify nations listed in the report of the requirements of 

this section; 

(2) initiate consultations for the purpose of encouraging such 

nations to take the appropriate corrective action with respect 

to the offending activities of their fishing vessels identified in 

the report; and 

(3) notify any relevant international fishery management organization of the actions taken by the United States under this 

section. 

(d) IUU CERTIFICATION PROCEDURE.— (1) CERTIFICATION.—The Secretary shall establish a procedure, consistent with the provisions of subchapter II of chapter 

5 of title 5, United States Code, for determining if a nation 

identified under subsection (a) and listed in the report under 

section 607 has taken appropriate corrective action with respect to the offending activities øof its fishing vessels¿ identified in the report under section 607. The certification procedure 

shall provide for notice and an opportunity for comment by any 

such nation. The Secretary shall determine, on the basis of the 

procedure, and certify to the Congress no later than 90 days 

after the date on which the Secretary promulgates a final rule 

containing the procedure, and biennially thereafter in the report under section 607— 

(A) whether the government of each nation identified 

under subsection (a) has provided documentary evidence 

that it has taken corrective action with respect to the offending activities øof its fishing vessels¿ identified in the 

report; or 

(B) whether the relevant international fishery management organization has implemented measures that are effective in ending the illegal, unreported, or unregulated 

fishing activity by vessels of that nation. 

(2) ALTERNATIVE PROCEDURE.—The Secretary may establish 

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shipment, shipper-by-shipper, or other basis the importation of 

fish or fish products from a vessel of a øharvesting¿ nation 

ønot certified under paragraph (1)¿ issued a negative certification under paragraph (1) if the Secretary determines that— 

(A) the vessel has not engaged in illegal, unreported, or 

unregulated fishing under an international fishery management agreement to which the United States is a party; 

or 

(B) the vessel is not identified by an international fishery management organization as participating in illegal, 

unreported, or unregulated fishing activities. 

(3) EFFECT OF CERTIFICATION.— 

(A) IN GENERAL.—The provisions of section 101(a) and 

section 101(b)(3) and (4) of this Act (16 U.S.C. 1826a(a), 

(b)(3), and (b)(4))— 

(i) shall apply to any nation identified under subsection (a) øthat has not been certified by the Secretary under this subsection, or¿ for which the Secretary has issued a negative certification under this 

subsection; but 

(ii) shall not apply to any nation identified under 

subsection (a) for which the Secretary has issued a 

positive certification under this subsection. 

(B) EXCEPTIONS.—Subparagraph (A)(i) does not apply— 

(i) to the extent that such provisions would apply to 

sport fishing equipment or to fish or fish products not 

managed under the applicable international fishery 

agreement; or 

(ii) if there is no applicable international fishery 

agreement, to the extent that such provisions would 

apply to fish or fish products caught by vessels not engaged in illegal, unreported, or unregulated fishing. 

* * * * * * * 

SEC. 610. EQUIVALENT CONSERVATION MEASURES. 

[16 U.S.C. 1826k] 

(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 øcalendar year¿ 3 

years in fishing activities or øpractices;¿ practices— 

(i) in waters beyond any national jurisdiction that 

result in bycatch of a protected living marine resource; 

or 

(ii) beyond the exclusive economic zone of the United 

States that result in bycatch of a protected living marine resource shared by the United States; 

(B) the relevant international organization for the conservation and protection of such resources or the relevant 

international or regional fishery organization has failed to 

implement effective measures to end or reduce such bycatch, or the nation is not a party to, or does not maintain 

cooperating status with, such organization; and 


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(C) the nation has not adopted a regulatory program 

governing such fishing practices designed to end or reduce 

such bycatch that is comparable to that of the United 

States, taking into account different conditions; and 

(2) a nation if— 

(A) fishing vessels of that nation are engaged, or have 

been engaged during the preceding calendar year, in fishing activities or practices in waters beyond any national 

jurisdiction that target or incidentally catch sharks; and 

(B) the nation has not adopted a regulatory program to 

provide for the conservation of sharks, including measures 

to prohibit removal of any of the fins of a shark (including 

the tail) and discarding the carcass of the shark at sea, 

that is comparable to that of the United States, taking into 

account different conditions. 

(b) CONSULTATION AND NEGOTIATION.—The Secretary, acting 

through the Secretary of State, shall— 

ø(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 other nations 

whose vessels engage in fishing activities or practices described 

in subsection (a), about the provisions of this section and this 

Act; 

(2) initiate discussions as soon as possible with all foreign 

governments which are engaged in, or which have persons or 

companies engaged in, fishing activities or practices described 

in subsection (a), for the purpose of entering into bilateral and 

multilateral treaties with such countries to protect such species; 

(3) seek agreements calling for international restrictions on 

fishing activities or practices described in subsection (a) 

through the United Nations, the Food and Agriculture Organization’s Committee on Fisheries, and appropriate international 

fishery management bodies; and 

(4) initiate the amendment of any existing international 

treaty for the protection and conservation of such species to 

which the United States is a party in order to make such treaty consistent with the purposes and policies of this section. 

(c) CONSERVATION CERTIFICATION PROCEDURE.— 

(1) DETERMINATION.—The Secretary shall establish a procedure consistent with the provisions of subchapter II of chapter 

5 of title 5, United States Code, for determining whether the 

government of a harvesting nation identified under subsection 

(a) and listed in the report under section 607— 

(A) has provided documentary evidence of the adoption 

of a regulatory program governing the conservation of the 

protected living marine resource that is comparable to that 

of the United States, taking into account different conditions, and which, in the case of pelagic longline fishing, includes mandatory use of circle hooks, careful handling and 

release equipment, and training and observer programs; 

and 


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(B) has established a management plan containing requirements that will assist in gathering species-specific 

data to support international stock assessments and conservation enforcement efforts for protected living marine 

resources. 

(2) PROCEDURAL REQUIREMENT.—The procedure established 

by the Secretary under paragraph (1) shall include notice and 

opportunity for comment by any such nation. 

(3) CERTIFICATION.—The Secretary shall certify to the Congress by January 31, 2007, and biennially thereafter whether 

each such nation has provided the documentary evidence described in paragraph (1)(A) and established a management 

plan described in paragraph (1)(B). 

ø(4) ALTERNATIVE PROCEDURE.—The Secretary shall establish a procedure for certification, on a shipment-by-shipment, 

shipper-by-shipper, or other basis of fish or fish products from 

a vessel of a harvesting nation not certified under paragraph 

(3) if the Secretary determines that such imports were harvested by practices that do not result in bycatch of a protected 

marine species, or were harvested by practices that— 

ø(A) are comparable to those of the United States, taking into account different conditions, and which, in the 

case of pelagic longline 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-byshipper, 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 

(B) include the gathering of species specific data that 

can be used to support international and regional stock assessments and conservation efforts for protected living marine resources. 

(5) EFFECT OF CERTIFICATION.—The provisions of section 

101(a) and section 101(b)(3) and (4) of this Act (16 U.S.C. 

1826a(a), (b)(3), and (b)(4)) (except to the extent that such provisions apply to sport fishing equipment or fish or fish products 

not caught by the vessels engaged in illegal, unreported, or unregulated fishing) shall apply to any nation identified under 

subsection (a) øthat has not been certified by the Secretary 

under this subsection, or¿ for which the Secretary has issued 

a negative certification under this subsection, but shall not 

apply to any nation identified under subsection (a) for which 

the Secretary has issued a positive certification under this subsection. 

* * * * * * * 


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HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 

[106 Stat. 4900] 

SEC. 101. DENIAL OF PORT PRIVILEGES AND SANCTIONS FOR HIGH 

SEAS LARGE-SCALE DRIFTNET FISHING. 

[16 U.S.C. 1826a] 

(a) DENIAL OF PORT PRIVILEGES.— 

(1) PUBLICATION OF LIST.—Not later than 30 days after the 

date of enactment of this Act and periodically thereafter, the 

Secretary of Commerce, in consultation with the Secretary of 

State, shall publish a list of nations whose nationals or vessels 

conduct large-scale driftnet fishing beyond the exclusive economic zone of any nation. 

(2) DENIAL OF PORT PRIVILEGES.—The Secretary of the Treasury shall, in accordance with ørecognized 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 ø(1)¿ 

(1) or, as appropriate, for fishing vessels of a nation that 

receives a negative certification under section 609(d) or section 610(e) of the High Seas Driftnet Fishing Moratorium 

Protection Act (16 U.S.C. 1826j(d) and 1826k(c)); and 

(B) deny entry of that vessel to any place in the United 

States and to the navigable waters of the United States, except for the purposes of inspecting such vessel, conducting 

an investigation, or taking other appropriate enforcement 

action. (3) NOTIFICATION OF NATION.—Before the publication of a list 

of nations under paragraph (1), the Secretary of State shall notify each nation included on that list regarding— 

(A) the effect of that publication on port privileges of 

vessels of that nation under paragraph (1); and 

(B) any sanctions or requirements, under this Act or any 

other law, that may be imposed on that nation if nationals 

or vessels of that nation continue to conduct large-scale 

driftnet fishing beyond the exclusive economic zone of any 

nation after December 31, 1992. 

(b) SANCTIONS.— (1) IDENTIFICATIONS.— (A) INITIAL IDENTIFICATIONS.—Not later than January 

10, 1993, the Secretary of Commerce shall— 

(i) identify each nation whose nationals or vessels 

are conducting large-scale driftnet fishing øor illegal, 

unreported, or unregulated fishing¿ beyond the exclusive economic zone of any nation; and 

(ii) notify the President and that nation of the identification under clause (i). 

(B) ADDITIONAL IDENTIFICATIONS.—At any time after 

January 10, 1993, whenever the Secretary of Commerce 

has reason to believe that the nationals or vessels of any 

nation are conducting large-scale driftnet fishing øor illegal, unreported, or unregulated fishing¿ beyond the excluVerDate Sep 11 2014 05:08 Nov 11, 2015 Jkt 059010 PO 00000 Frm 00028 Fmt 6659 Sfmt 6602 E:\HR\OC\SR166.XXX SR166

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sive economic zone of any nation, the Secretary of Commerce shall— 

(i) identify that nation; and 

(ii) notify the President and that nation of the identification under clause (i). 

(2) CONSULTATIONS.—Not later than 30 days after a nation 

is identified under paragraph (1)(B), the President shall enter 

into consultations with the government of that nation for the 

purpose of obtaining an agreement that will effect the immediate termination of large-scale driftnet fishing øor 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 ø(1)(A);¿ (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) and 1826k(c)); or 

(ii) if the consultations with the government of a nation under paragraph (2) are not satisfactorily concluded within ninety days, shall direct the Secretary of 

the Treasury to prohibit the importation into the 

United States of fish and fish products and sport fishing equipment (as that term is defined in section 4162 

of the Internal Revenue Code of 1986 (26 U.S.C. 4162)) 

from that nation. 

(B) IMPLEMENTATION OF PROHIBITION.—With respect to 

an import prohibition directed under subparagraph (A), 

the Secretary of the Treasury shall implement such prohibition not later than the date that is forty-five days after 

the date on which the Secretary has received the direction 

from the President. 

(C) PUBLIC NOTICE OF PROHIBITION.—Before the effective 

date of any import prohibition under this paragraph, the 

Secretary of the Treasury shall provide public notice of the 

impending prohibition. 

(4) ADDITIONAL ECONOMIC SANCTIONS.— 

(A) DETERMINATION OF EFFECTIVENESS OF SANCTIONS.— 

Not later than six months after the date the Secretary of 

Commerce identifies a nation under øparagraph (1),¿ 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) and 

1826k(c)), the Secretary shall determine whether— 

(i) any prohibition established under paragraph (3) 

is insufficient to cause that nation to terminate largescale driftnet fishing øor illegal, unreported, or unregulated fishing¿ conducted by its nationals and vessels beyond the exclusive economic zone of any ønation¿ 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 FishVerDate Sep 11 2014 05:08 Nov 11, 2015 Jkt 059010 PO 00000 Frm 00029 Fmt 6659 Sfmt 6602 E:\HR\OC\SR166.XXX SR166

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

1826k(c)); or 

(ii) that nation has retaliated against the United 

States as a result of that prohibition. 

(B) CERTIFICATION.—The Secretary of Commerce shall 

certify to the President each affirmative determination 

under subparagraph (A) with respect to a nation. 

(C) EFFECT OF CERTIFICATION.—Certification by the Secretary of Commerce under subparagraph (B) is deemed to 

be a certification under section 8(a) of the Fishermen’s 

Protective Act of 1967 (22 U.S.C. 1978(a)), as amended by 

this Act. 

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

[16 U.S.C. 1826b] 

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 øor illegal, unreported, or unregulated fishing¿ by its nationals and vessels beyond the exclusive economic zone of any nationø.¿ 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)). 

ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT 

OF 1984 

[16 U.S.C. 2431 et seq.] 

SEC. 306. UNLAWFUL ACTIVITIES. 

[16 U.S.C. 2435] 

It is unlawful for any person— 

(1) to engage in harvesting or other associated activities in 

violation of the provisions of the Convention or in violation of 

a conservation measure in force with respect to the United 

States pursuant to article IX of the Convention; 

(2) to violate any regulation promulgated under this title; 

(3) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control or possession of, any Antarctic 

marine living resource (or part or product thereof) øwhich 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; 


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(5) to assault, resist, oppose, impede, intimidate, or interfere 

with any authorized officer or employee of the United States 

in the conduct of any search, investigation, or inspection described in paragraph (4); 

(6) to resist a lawful arrest or detention for any act prohibited by this section; or 

(7) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detention of another person, knowing 

that such other person has committed any act prohibited by 

this section. 

SEC. 307. REGULATIONS. 

[16 U.S.C. 2436] 

(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. 

[16 U.S.C. 2437] 

ø(a) ASSESSMENT OF PENALTIES.— 

ø(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 


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as justice may require, to the extent that such information is 

reasonably available to the Secretary. 

ø(2) The Secretary of Commerce may compromise, modify, or 

remit, with or without conditions, any civil penalty which is 

subject to imposition or which has been imposed under this 

section, until such time as the matter is referred to the Attorney General under subsection (c) of this section.¿ 

(a) IN GENERAL.—Any person who commits an act that is unlawful under section 306 shall be liable to the United States for a civil 

penalty, and may be subject to a permit sanction, under section 308 

of the Magnuson-Stevens Fishery Conservation and Management 

Act (16 U.S.C. 1858). 

* * * * * * * 

NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992 

[16 U.S.C. 5001 et seq.] 

SEC. 810. UNLAWFUL ACTIVITIES. 

[16 U.S.C. 5009] 

It is unlawful for any person or fishing vessel subject to the jurisdiction of the United States— 

(1) to fish for any anadromous fish in the Convention area; 

(2) to retain on board any anadromous fish taken incidentally in a fishery directed at nonanadromous fish in the Convention area; 

(3) to fail to return immediately to the sea any anadromous 

fish taken incidentally in a fishery directed at nonanadromous 

fish in the Convention area; 

(4) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any anadromous fish taken or retained in violation of the Convention, 

this title, or any regulation issued under this title; 

(5) to refuse to permit any enforcement officer to board a 

fishing vessel subject to such person’s control for purchases of 

conducting any search, investigation, or inspection in connection with the enforcement of the Convention, this title, or any 

regulation issued under this title; 

(6) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any enforcement officer in the conduct of any 

search, investigation, or inspection described in paragraph (5); 

(7) to resist a lawful arrest or detection for any act prohibited by this section; 

(8) to interfere with, delay, or prevent, by any means, the apprehension, arrest, or detection of another person, knowing 

that such person has committed any act prohibited by this section; or 

(9) to violate any provision of the Convention, this title, or 

any regulation issued under this title. 

øSEC. 811. PENALTIES. 

[16 U.S.C. 5010] 

ø(a) CIVIL PENALTIES.— 

ø(1) Any person who is found by the Secretary of Commerce, 

after notice and opportunity for a hearing in accordance with 

section 554 of title 5, United States Code, to have committed 


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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. 

ø(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. 

ø(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. 

ø(4) a fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) used in the commission of an 

act prohibited by section 810 shall be liable in rem for any civil 

penalty assessed for such violation under paragraph (1) and 

may be proceeded against in any district court of the United 

States having jurisdiction thereof. Such penalty shall constitute a maritime lien on such vessel that may be recovered 

in an action in rem in the district court of the United States 

having jurisdiction over the vessel. 

ø(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. 

ø(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 


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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. 

ø(b) OFFENSES.— ø(1) A person is guilty of an offense if the person commits 

any act prohibited by section 810 (5), (6), (7), or (8). 

ø(2) Any offense described in paragraph (1) is a class A misdemeanor punishable by a fine under title 18, United States 

code, or imprisonment for not more than 6 months, or both; except that if in the commission of any offense the person uses 

a dangerous weapon, engages in conduct that causes bodily injury to any enforcement officer, or places and 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. 

ø(c) FORFEITURE.— 

ø(1) Any fishing vessel (including its fishing gear, furniture, 

appurtenances, stores, and cargo) used, and any fish (or a fair 

market value thereof) taken or retained, in any manner, in 

connection with or as a result of the commission of any act prohibited by section 810 shall be subject to forfeiture to the 

United States. All or part of such vessel may, and all such fish 

shall, be forfeited to the United States pursuant to a civil proceeding under this section. 

ø(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). 

ø(3) if a judgment is entered for the United States in a civil 

forfeiture proceeding under this section, the Attorney General 

may seize any property or other interest declared forfeited to 

the United States, which has not previously been seized pursuant to this title or for which security has not previously been 

obtained. The provisions of the customs laws relating to— 

ø(A) the seizure, forfeiture, and condemnation of property for violation of the customs law; 

ø(B) the disposition of such property or the proceeds 

from the sale thereof; and 

ø(C) the remission or mitigation of any such forfeiture; 

ø(1) shall apply to seizures and forfeitures incurred, or alleged to have been incurred, under the provisions of this title, 

unless such provisions are inconsistent with the purposes, policy, and provisions of this title. 

ø(4)(A) Any officer authorized to serve any process in rem 

that is issued by a court having jurisdiction under section 

809(b) shall— 

ø(i) stay the execution of such process; or 

ø(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 


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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. 

ø(B) Any fish seized pursuant to this title may be sold, 

subject to the approval and direction of the appropriate 

court, for not less than the fair market value thereof. The 

proceeds of any such sale shall be deposited with such 

court pending the disposition of the matter involved. 

ø(5) For purposes of this section, it shall be a rebuttable presumption that all fish found on board a fishing vessel and 

which is seized in connection with an act prohibited by section 

810 were taken or retained in violation of the Convention and 

this title.¿ 

SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

For additional prohibitions relating to this Act and enforcement 

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

PACIFIC SALMON TREATY ACT OF 1985 

[16 U.S.C. 3631 et seq.] 

SEC. 8. PROHIBITED ACTS AND PENALTIES. 

[16 U.S.C. 3637] 

(a) UNLAWFUL ACTS.—It is unlawful for any person or vessel subject to the jurisdiction of the United States— 

(1) to violate any provision of this title, or of any regulation 

adopted hereunder, or of any Fraser River Panel regulation approved by the United States under the Treaty; 

(2) to refuse to permit any officer authorized to enforce the 

provisions of this title to board a fishing vessel subject to such 

person’s control for purposes of conducting any search, investigation, or inspection in connection with the enforcement of 

øthis 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 øsubparagraph 

(2);¿ paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section; 

(5) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of øthis title; or¿ this Act; or 

(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such 

other person has committed any act prohibited by this section. 

ø(b) CIVIL PENALTY.—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). 


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ø(c) CRIMINAL PENALTY.—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)). 

ø(d) FORFEITURE.— 

ø(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). 

ø(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. 

ø(e) ENFORCEMENT AUTHORITY.—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)). 

ø(f) JURISDICTION.—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— 

ø(1) enter restraining orders or prohibitions; 

ø(2) issue warrants, process in rem, or other process; 

ø(3) prescribe and accept satisfactory bonds or other security; 

and 

ø(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 

[16 U.S.C. 6901 et seq.] 

SEC. 503. APPOINTMENT OF UNITED STATES COMMISSIONERS. 

[16 U.S.C. 6902] 

(a) IN GENERAL.—The United States shall be represented on the 

Commission by 5 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 Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks 

and commercial fishing in the Western and Central Pacific Ocean, 

one of whom shall be an officer or employee of the øDepartment of 

Commerce,¿ Federal Government, and one of whom shall be the 

chairman or a member of the Western Pacific Fishery Management 

Council, and one of whom shall be the chairman or a member of 

the Pacific Fishery Management Council. The Commissioners shall 

be entitled to adopt such rules of procedures as they find necessary 


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and to select a chairman from among members who are officers or 

employees of the United States Government. 

* * * * * * * 

SEC. 505. RULEMAKING AUTHORITY OF THE SECRETARY OF COMMERCE. 

[16 U.S.C. 6904] 

(a) PROMULGATION OF REGULATIONS.—øThe Secretary,¿ 

(1) IN GENERAL.— 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, is authorized to promulgate such regulations as may 

be necessary to carry out the United States international obligations under the WCPFC Convention and this title, 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 WCPFC 

Convention and any recommendations and decisions adopted 

by the Commission, promulgate such regulations in accordance 

with the procedures established by the Magnuson-Stevens 

Fishery Conservation and Management Act (16 U.S.C. 1801 et 

seq.). 

ø(b)¿(2) ADDITIONS TO FISHERY REGIMES AND REGULATIONS.— 

The Secretary may promulgate regulations 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. 

(b) AUTHORITY TO DENY PORT PRIVILEGES OR PROHIBIT FISH IMPORTS.—If the Secretary determines that another Commission member with a significant harvest of fish stocks covered by the Convention, or a significant amount of fishing occurring in its waters, is 

not complying with the Commission’s conservation and management 

measures in an effective manner or in a manner comparable to compliance by vessels of the United States, the Secretary, in consultation with the Secretary of State, may take action with respect to 

such member to deny port privileges or apply prohibitions on imports of fish and fish products in the same manner as provided for 

high-seas large-scale driftnet fishing in the High Seas Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a et seq.). 

(c) PROHIBITION ON TRANSFER OF FISHING CAPACITY, FISHING CAPACITY RIGHTS, OR FISHING VESSELS.—The Secretary shall not 

make any agreement, take any action, or promulgate any regulation 

which requires the transfer, to other nations or foreign entities, of 

the fishing capacity, fishing capacity rights, or fishing vessels of the 

United States or its territories. 

SEC. 506. ENFORCEMENT. 

[16 U.S.C. 6905] 

* * * * * * * 

ø(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 


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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. 

[16 U.S.C. 6906] 

(a) IN GENERAL.—It is unlawful for any person— 

(1) to violate any provision of this title or any regulation or 

permit issued pursuant to this title; 

(2) to use any fishing vessel to engage in fishing after the 

revocation, or during the period of øsuspension, on¿ suspension, of an applicable permit issued pursuant to this title; 

(3) to refuse to permit any officer authorized to enforce the 

provisions of this title to board a fishing vessel subject to such 

person’s control for the purposes of conducting any search, investigation, or inspection in connection with the enforcement of 

this title or any regulation, permit, or the Convention; 

(4) to forcibly assault, resist, oppose, impede, intimidate, or 

interfere with any such authorized officer in the conduct of any 

search, investigations, or inspection in connection with the enforcement of this title or any regulation, permit, or the Convention; 

(5) to resist a lawful arrest for any act prohibited by this 

title; 

(6) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of this title or any regulation, 

permit, or agreement referred to in paragraph (1) or (2); 

(7) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that such 

other person has committed any chapter prohibited by this section; 

(8) to knowingly and willfully submit to the Secretary false 

information (including false information regarding the capacity 

and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a 

fishery that will be harvested by fishery vessels of the United 

States), regarding any matter that the Secretary is considering 

in the course of carrying out this title; 

(9) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any observer on a vessel 

under this title, or any data collector employed by the National 

Marine Fisheries Service or under contract to any person to 

carry out responsibilities under this title; 


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(10) to engage in fishing in violation of any regulation adopted pursuant to section 506(a) of this title; 

(11) to ship, transport, purchase, sell, offer for sale, import, 

export, or have in custody, possession, or control any fish taken 

or retained in violation of such regulations; 

(12) to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations 

adopted pursuant to this title to be made, kept, or furnished; 

(13) to fail to stop a vessel upon being hailed and instructed 

to stop by a duly authorized official of the United States; 

(14) to import, in violation of any regulation adopted pursuant to section 506(a) of this title, any fish in any form of those 

species subject to regulation pursuant to a recommendation, 

resolution, or decision of the Commission, or any tuna in any 

form not under regulation but under investigation by the Commission, during the period such fish have been denied entry in 

accordance with the provisions of section 506(a) of this title. 

(b) ENTRY CERTIFICATION.—In the case of any fish described in 

subsection (a) offered for entry into the United States, the Secretary of Commerce shall require proof satisfactory to the Secretary 

that such fish is not ineligible for such entry under the terms of 

section 506(a) of this title. 

ATLANTIC TUNAS CONVENTION ACT OF 1975 

[16 U.S.C. 971 et seq.] 

SEC. 6. ADMINISTRATION. 

[16 U.S.C. 971d] 

* * * * * * * 

(c) REGULATIONS AND OTHER MEASURES TO CARRY OUT COMMIS- SION RECOMMENDATIONS.— (1)(A) Upon favorable action by the Secretary of State under 

section 5(a) of this Act on any recommendation of the Commission made pursuant to article VIII of the Convention, the Secretary shall promulgate, pursuant to this subsection, such regulations as may be necessary and appropriate to carry out such 

recommendation. 

(B) Not later than June 30, 1991, the Secretary shall 

promulgate any additional regulations necessary to ensure 

that the United States is in full compliance with all recommendations made by the Commission that have been 

accepted by the United States and with other agreements 

under the Convention between the United States and any 

nation which is a party to the Convention. 

(C) Regulations promulgated under this paragraph shall, 

to the extent practicable, be consistent with fishery management plans prepared and implemented under the Magnuson-Stevens Fishery Conservation and Management Act 

(16 U.S.C. 1801 et seq.). 

(2)(A) To promulgate regulations referred to in paragraph (1) 

of this subsection, the Secretary shall publish in the Federal 

Register a general notice of proposed rulemaking and shall afford interested persons an opportunity to participate in the 

rulemaking through ø(A)¿ (i) submission of written data, 

views, or arguments, and ø(B)¿ (ii) oral presentation at a pubVerDate Sep 11 2014 05:08 Nov 11, 2015 Jkt 059010 PO 00000 Frm 00039 Fmt 6659 Sfmt 6602 E:\HR\OC\SR166.XXX SR166

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lic hearing. Such regulations shall be published in the Federal 

Register and shall be accompanied by a statement of the considerations involved in the issuance of the regulations, and by 

a statement, based on inquiries and investigations, assessing 

the nature and effectiveness of the measures for the implementation of the Commission’s recommendations which are being 

or will be carried out by countries whose vessels engage in 

fishing the species subject to such recommendations within the 

waters to which the Convention applies. After publication in 

the Federal Register, such regulations shall be applicable to all 

vessels and persons subject to the jurisdiction of the United 

States on such date as the Secretary shall prescribe. The Secretary shall suspend at any time the application of any such 

regulation when, after consultation with the Secretary of State 

and the United States Commissioners, he determines that fishing operations in the Convention area of a contracting party for 

whom the regulations are effective are such as to constitute a 

serious threat to the achievement of the Commission’s recommendations. 

(B) Notwithstanding the requirements of subparagraph 

(A) and subsections (b) and (c) of section 553 of title 5, 

United States Code, the Secretary may issue final regulations to implement Commission recommendations referred 

to in paragraph (1) concerning trade restrictive measures 

against nations or fishing entities. 

(3) The regulations required to be promulgated under paragraph (1) of this subsection may— 

(A) select for regulation one or more of the species covered by the Convention; 

(B) divide the Convention waters into areas; 

(C) establish one or more open or closed seasons as to 

each such area; 

(D) limit the size of the fish and quantity of the catch 

which may be taken from each area within any season 

during which fishing is allowed; 

(E) limit or prohibit the incidental catch of a regulated 

species which may be retained, taken, possessed, or landed 

by vessels or persons fishing for other species of fish; 

(F) require records of operations to be kept by any master or other person in charge of any fishing vessel; 

(G) require such clearance certificates for vessels as may 

be necessary to carry out the purposes of the Convention 

and this Act; 

(H) require proof satisfactory to the Secretary that any 

fish subject to regulation pursuant to a recommendation of 

the Commission offered for entry into the United States 

has not been taken or retained contrary to the recommendations of the Commission made pursuant to article 

VIII of the Convention which have been adopted as regulations pursuant to this section; 

(I) require any commercial or recreational fisherman to 

obtain a permit from the Secretary and report the quantity 

of the catch of a regulated species; 


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(J) require that observers be carried aboard fishing vessels for the purpose of providing statistically reliable scientific data; and 

(K) impose such other requirements and provide for such 

other measures as the Secretary may determine necessary 

to implement any recommendation of the Convention or to 

obtain scientific data necessary to accomplish the purpose 

of the Convention; 

except that no regulation promulgated under this section 

may have the effect of increasing or decreasing any allocation 

or quota of fish or fishing mortality level to the United States 

agreed to pursuant to a recommendation of the Commission. 

(4) Upon the promulgation of regulations provided for in 

paragraph (3) of this subsection, the Secretary shall promulgate, with the concurrence of the Secretary of State and pursuant to the procedures prescribed in paragraph (2) of this subsection, additional regulations which shall become effective simultaneously with the application of the regulations provided 

for in paragraph (3) of this subsection, which prohibit— 

(A) the entry into the United States of fish in any form 

of those species which are subject to regulation pursuant 

to a recommendation of the Commission and which were 

taken from the Convention area in such manner or in such 

circumstances as would tend to diminish the effectiveness 

of the conservation recommendations of the Commission; 

and 

(B) the entry into the United States, from any country 

when the vessels of such country are being used in the 

conduct of fishing operations in the Convention area in 

such manner or in such circumstances as would tend to diminish the effectiveness of the conservation recommendations of the Commission, of fish in any form of those species which are subject to regulation pursuant to a recommendation of the Commission and which were taken 

from the Convention area. 

(5) In the case of repeated and flagrant fishing operations in 

the Convention area by the vessels of any country which seriously threaten the achievement of the objectives of the Commission’s recommendations, the Secretary with the concurrence 

of the Secretary of State, may by regulations promulgated pursuant to paragraph (2) of this subsection prohibit the entry in 

any form from such country of other species covered by the 

Convention as may be under investigation by the Commission 

and which were taken in the Convention area. Any such prohibition shall continue until the Secretary is satisfied that the 

condition warranting the prohibition no longer exists, except 

that all fish in any form of the species under regulation which 

were previously prohibited from entry shall continue to be prohibited from entry. 

(6) IDENTIFICATION AND NOTIFICATION.— (A) Not later than July 1, 1996, and annually thereafter, 

the Secretary, in consultation with the Secretary of State, 

the Commissioners, and the advisory committee, shall— 

(i) identify those nations whose fishing vessels are 

fishing, or have fished during the preceding calendar 


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year, within the convention area in a manner or under 

circumstances that diminish the effectiveness of a conservation recommendation; 

(ii) notify the President and the nation so identified, 

including an explanation of the reasons therefor; and 

(iii) publish a list of those Nations identified under 

clause (i). 

(B) In identifying those Nations, the Secretary shall consider, based on the best available information, whether 

those Nations have measures in place for reporting, monitoring, and enforcement, and whether those measures diminish the effectiveness of any conservation recommendation. 

(7) CONSULTATION.—Not later than 30 days after a Nation is 

notified under paragraph (6), the President may enter into consultations with the Government of that Nation for the purpose 

of obtaining an agreement that will— 

(A) effect the immediate termination and prevent the resumption of any fishing operation by vessels of that Nation 

within the Convention area which is conducted in a manner or under circumstances that diminish the effectiveness 

of the conservation recommendation; 

(B) when practicable, require actions by that Nation, or 

vessels of that Nation, to mitigate the negative impacts of 

fishing operations on the effectiveness of the conservation 

recommendation involved, including but not limited to, the 

imposition of subsequent-year deductions for quota overages; and 

(C) result in the establishment, if necessary, by such Nation of reporting, monitoring, and enforcement measures 

that are adequate to ensure the effectiveness of conservation recommendations. 

* * * * * * * 

SEC. 7. VIOLATIONS; FINES AND FORFEITURES; RELATED LAWS. 

[16 U.S.C. 971e] 

(a) IN GENERAL.—It shall be unlawful— 

(1) for any person in charge of a fishing vessel or any fishing 

vessel subject to the jurisdiction of the United States to engage 

in fishing in violation of any regulation adopted pursuant to 

section 6 of this Act; or 

(2) for any person subject to the jurisdiction of the United 

States to ship, transport, purchase, sell, offer for sale, import, 

export, or have in custody, possession, or control any fish 

which he knows, or should have known, were taken or retained 

contrary to the recommendations of the Commission made pursuant to article VIII of the Convention and adopted as regulations pursuant to section 6 of this Act, without regard to the 

citizenship of the person or vessel which took the fish. 

(b) FAILURE TO FURNISH RETURNS, RECORDS, OR REPORTS.—It 

shall be unlawful for the master or any person in charge of any 

fishing vessel subject to the jurisdiction of the United States to fail 

to make, keep, or furnish any catch returns, statistical records, or 

other reports as are required by regulations adopted pursuant to 

this Act to be made, kept, or furnished by such master or person. 


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(c) REFUSAL OF REQUEST TO BOARD AND INSPECT VESSEL.—It 

shall be unlawful for the master or any person in charge of any 

fishing vessel subject to the jurisdiction of the United States to 

refuse to permit any person authorized to enforce the provisions of 

this Act and any regulations adopted pursuant thereto, to board 

such vessel and inspect its catch, equipment, books, documents, 

records, or other articles or question the persons onboard in accordance with the provisions of this Act, or the Convention, as the case 

may be, or to obstruct such officials in the execution of such duties. 

(d) IMPORTATION OF INELIGIBLE SPECIES OR SPECIES UNDER INVESTIGATION.—It shall be unlawful for any person to import, in violation of any regulation adopted pursuant to section 6(c) or (d) of 

this Act, from any country, any fish in any form of those species 

subject to regulation pursuant to a recommendation of the Commission, or any fish in any form not under regulation but under investigation by the Commission, during the period such fish have been 

denied entry in accordance with the provisions of section 6(c) or (d) 

of this Act. In the case of any fish as described in this subsection 

offered for entry in the United States, the Secretary shall require 

proof satisfactory to him that such fish is not ineligible for such 

entry under the terms of section 6(c) or (d) of this Act. 

ø(e) SANCTIONS.—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. 

ø(f) FORFEITURE.—All fish taken or retained in violation of subsection (a) of this section, or the monetary value thereof, may be 

forfeited.¿ 

ø(g)¿(e) APPLICABILITY OF OTHER LAWS.—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. 

SEC. 8. ENFORCEMENT. 

[16 U.S.C. 971f] 

ø(a) PARTICULAR POWERS.—Any person authorized in accordance 

with the provisions of this Act to enforce the provisions of this Act 

and the regulations issued thereunder may— 

ø(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; 

ø(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; 

ø(3) execute any warrant or other process issued by an officer or court of competent jurisdiction; and 


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ø(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) INTERNATIONAL ENFORCEMENT.—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 øthe 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 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. 

ø(c) BONDS OR STIPULATIONS.—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.¿ 

øSEC. 11. ANNUAL REPORT. 

[16 U.S.C. 971j] 

øNot 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— 

ø(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 


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fishing on Atlantic stocks of such species that are subject to 

management by the Commission; 

ø(2) identifies those fishing Nations whose harvests are inconsistent with conservation and management recommendations of the Commission; 

ø(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 

ø(4) describes actions taken by the Secretary under section 

6.¿ 

SEC. ø12.¿11. SAVINGS CLAUSE. 

[16 U.S.C. 971k] 

Nothing in this Act shall have the effect of diminishing the rights 

and obligations of any Nation under Article VIII(3) of the Convention. 

SEC. ø13.¿12. SEPARABILITY. 

[16 U.S.C. 971 note] 

If any provision of this Act or the application 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 

[16 U.S.C. 5501 et seq.] 

SEC. 104. PERMITTING. 

[16 U.S.C. 5503] 

* * * * * * * 

ø(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. 

FISHERY CONSERVATION AMENDMENTS OF 1990 

[104 Stat. 4436] 

SEC. 901. DOLPHIN PROTECTION. 

(a) SHORT TITLE.—This section may be cited as the ‘‘Dolphin Protection Consumer Information Act’’. 

* * * * * * * 

ø(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 


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$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 

[16 U.S.C. 773 et seq.] 

SEC. 7. PROHIBITED ACTS. 

[16 U.S.C. 773e] 

It is unlawful— 

ø(a)¿ (1) for any person subject to the jurisdiction of the United 

States— 

ø(1)¿ (A) to violate any provision of the Convention [unclassified], this Act or any regulation adopted under this Act; 

ø(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 [unclassified], this 

Act or any regulation adopted under this Act; 

ø(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); 

ø(4)¿ (D) to resist a lawful arrest or detention for any act 

prohibited by this section; 

ø(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 [unclassified], 

this Act, or any regulation adopted under this Act; or 

ø(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 

øsection.¿ section; or 

ø(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 [unclassified], 

this Act and regulations adopted under this Act. 

NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 

1995 

[16 U.S.C. 5601 et seq.] 

SEC. 207. PROHIBITED ACTS øAND PENALTIES¿ AND ENFORCEMENT. 

[16 U.S.C. 5606] 

(a) PROHIBITION.—It is unlawful for any person or vessel that is 

subject to the jurisdiction of the United States— 

(1) to violate any regulation issued under this title or any 

measure that is legally binding on the United States under the 

Convention; 


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(2) to refuse to permit any authorized enforcement officer to 

board a fishing vessel that is subject to the person’s control for 

purposes of conducting any search, investigation, or inspection 

in connection with the enforcement of this title, any regulation 

issued under this title, or any measure that is legally binding 

on the United States under the Convention; 

(3) forcibly to assault, resist, oppose, impede, intimidate, or 

interfere with any authorized enforcement officer in the conduct of any search, investigation, or inspection described in 

paragraph (2); 

(4) to resist a lawful arrest for any act prohibited by this section; 

(5) to ship, transport, offer for sale, sell, purchase, import, 

export, or have custody, control, or possession of, any fish 

taken or retained in violation of this section; or 

(6) to interfere with, delay, or prevent, by any means, the apprehension or arrest of another person, knowing that the other 

person has committed an act prohibited by this section. 

ø(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). 

ø(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)). 

ø(d) CIVIL FORFEITURES.— ø(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). 

ø(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. 

ø(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. 

ø(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— 

ø(1) enter restraining orders or prohibitions; 

ø(2) issue warrants, process in rem, or other process; 

ø(3) prescribe and accept satisfactory bonds or other security; 

and 

ø(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, 


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

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

[16 U.S.C. 1801 et seq.] 

SEC. 307. PROHIBITED ACTS. 

[16 U.S.C. 1857] 

It is unlawful— 

(1) for any person— 

(A) to violate any provision of this Act or any regulation 

or permit issued pursuant to this Act; 

(B) to use any fishing vessel to engage in fishing after 

the revocation, or during the period of suspension, of an 

applicable permit issued pursuant to this Act; 

(C) to violate any provision of, or regulation under, an 

applicable governing international fishery agreement entered into pursuant to section 201(c); 

(D) to refuse to permit any officer authorized to enforce 

the provisions of this Act (as provided for in section 311) 

to board a fishing vessel subject to such person’s control 

for purposes of conducting any search or inspection in connection with the enforcement of this Act or any regulation, 

permit, or agreement referred to in subparagraph (A) or 

(C); 

(E) to forcibly assault, resist, oppose, impede, intimidate, 

or interfere with any such authorized officer in the conduct 

of any search or inspection described in subparagraph (D); 

(F) to resist a lawful arrest for any act prohibited by this 

section; 

(G) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, control, or possession of, any 

fish taken or retained in violation of this Act or any regulation, permit, or agreement referred to in subparagraph 

(A) or (C); 

(H) to interfere with, delay, or prevent, by any means, 

the apprehension or arrest of another person, knowing 

that such other person has committed any act prohibited 

by this section; 

(I) to knowingly and willfully submit to a Council, the 

Secretary, or the Governor of a State false information (including, but not limited to, false information regarding the 

capacity and extent to which a United States fish processor, on an annual basis, will process a portion of the optimum yield of a fishery that will be harvested by fishing 

vessels of the United States) regarding any matter that 

the Council, Secretary, or Governor is considering in the 

course of carrying out this Act; 

(J) to ship, transport, offer for sale, sell, or purchase, in 

interstate or foreign commerce, any whole live lobster of 

the species Homarus americanus, that— 

(i) is smaller than the minimum possession size in 

effect at the time under the American Lobster Fishery 

Management Plan, as implemented by regulations 


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published in part 649 of title 50, Code of Federal Regulations, or any successor to that plan implemented 

under this title, or in the absence of any such plan, is 

smaller than the minimum possession size in effect at 

the time under a coastal fishery management plan for 

American lobster adopted by the Atlantic States Marine Fisheries Commission under the Atlantic Coastal 

Fisheries Cooperative Management Act (16 U.S.C. 

5101 et seq.); 

(ii) is bearing eggs attached to its abdominal appendages; or 

(iii) bears evidence of the forcible removal of extruded eggs from its abdominal appendages; 

(K) to to steal or attempt to steal or to negligently and 

without authorization remove, damage, or tamper with— 

(i) fishing gear owned by another person, which is 

located in the exclusive economic zone, 

(ii) fish contained in such fishing gear; 

(L) to forcibly assault, resist, oppose, impede, intimidate, 

sexually harass, bribe, or interfere with any observer on a 

vessel under this Act, or any data collector employed by 

the National Marine Fisheries Service or under contract to 

any person to carry out responsibilities under this Act; 

(M) to engage in large-scale driftnet fishing that is subject to the jurisdiction of the United States, including use 

of a fishing vessel of the United States to engage in such 

fishing beyond the exclusive economic zone of any nation; 

(N) to strip pollock of its roe and discard the flesh of the 

pollock; 

(O) to knowingly and willfully fail to disclose, or to falsely disclose, any financial interest as required under section 

302(j), or to knowingly vote on a Council decision in violation of section 302(j)(7)(A); 

(P)(i) to remove any of the fins of a shark (including the 

tail) at sea; 

(ii) to have custody, control, or possession of any 

such fin aboard a fishing vessel unless it is naturally 

attached to the corresponding carcass; 

(iii) to transfer any such fin from one vessel to another vessel at sea, or to receive any such fin in such 

transfer, without the fin naturally attached to the corresponding carcass; or 

(iv) to land any such fin that is not naturally attached to the corresponding carcass, or to land any 

shark carcass without such fins naturally attached; 

(Q) to import, export, transport, sell, receive, acquire, or 

purchase in interstate or foreign commerce any fish taken, 

possessed, transported, or sold in violation of any foreign 

law or regulation or any treaty or in contravention of any 

binding conservation measure adopted by an international 

agreement or organization to which the United States is a 

party; or 

(R) to use any fishing vessel to engage in fishing in Federal or State waters, or on the high seas or in the waters 

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ment to the owner of that fishing vessel under section 

312(b)(2). 

For purposes of subparagraph (P), there shall be a rebuttable 

presumption that if any shark fin (including the tail) is found 

aboard a vessel, other than a fishing vessel, without being naturally attached to the corresponding carcass, such fin was 

transferred in violation of subparagraph (P)(iii) or that if, after 

landing, the total weight of shark fins (including the tail) landed from any vessel exceeds five percent of the total weight of 

shark carcasses landed, such fins were taken, held, or landed 

in violation of subparagraph (P). In such subparagraph, the 

term ‘‘naturally attached’’, with respect to a shark fin, means 

attached to the corresponding shark carcass through some portion of uncut skin. 

* * * * * * * 

TUNA CONVENTIONS ACT OF 1950 

[16 U.S.C. 951 et seq.] 

øSEC. 2. DEFINITIONS. 

[16 U.S.C. 951] 

øAs used in this Act, the term— 

ø(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; 

ø(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; 

ø(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; 

ø(d) ‘‘person’’ means every individual, partnership, corporation, 

and association subject to the jurisdiction of the United States; and 

ø(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. 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 InterAmerican Tropical Tuna Commission provided for by the Convention. 


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

(A) the Convention for the Establishment of an InterAmerican 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). 

øSEC. 3. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATION. 

[16 U.S.C. 952] 

øThe 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— 

ø(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; 

ø(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; 

ø(c) at least one shall be either the Administrator, or an appropriate officer, of the National Marine Fisheries Service; and 

ø(d) at least one shall be chosen from a nongovernmental conservation organization.¿ 

SEC. 3. COMMISSIONERS. 

(a) COMMISSIONERS.— 

(1) IN GENERAL.—The United States shall be represented on 

the Commission by 5 United States Commissioners. 

(2) APPOINTMENT.—The President shall appoint individuals 

to serve on the Commission at the pleasure of the President. In 

making the appointments, the President shall select Commissioners from among individuals who are knowledgeable or experienced concerning highly migratory fish stocks in the eastern 

tropical Pacific Ocean, including the following: 

(A) 1 Commissioner shall be an officer or employee of the 

Department of Commerce. 

(B) 1 Commissioner shall be the chairman or a member 

of the Western Pacific Fishery Management Council. 


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(C) 1 commissioner shall be the chairman or a member 

of the Pacific Fishery Management Council. 

(3) LIMITATION.—No more than 2 Commissioners may 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 InterAmerican 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. 

(d) SUPERVISION.—United States Commissioners and alternative 

commissioners shall be subject to the supervision of the Secretary of 

Commerce. 

SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 

SUBCOMMITTEE. 

[16 U.S.C. 953] 

ø(a) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— 

The Secretary, in consultation with the United States Commissioners, shall— 

ø(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 


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the fisheries included under the conventions, and from nongovernmental conservation organizations; 

ø(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; 

ø(3) establish procedures to provide for appropriate public 

participation and public meetings and to provide for the confidentiality of confidential business data; and 

ø(4) fix the terms of office of the members of the General Advisory Committee and Scientific Advisory Subcommittee, who 

shall receive no compensation for their services as such members.¿ 

(a) GENERAL ADVISORY COMMITTEE.— 

(1) APPOINTMENTS; PUBLIC PARTICIPATION; COMPENSATION.— 

(A) GENERAL ADVISORY COMMITTEE.—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) EX-OFFICIO MEMBERS.—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, or the 

designee of such a chair, shall be ex-officio members of the 

General Advisory Committee by virtue of their positions in 

those Councils. 

(C) TERM.—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) PARTICIPATION IN MEETINGS.—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) AUTHORITIES.—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 a 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 

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mittee 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. 

ø(b) FUNCTIONS.— ø(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.¿ 

(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.— 

(1) APPOINTMENT.—The Secretary, in consultation with the 

Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified scientists with balanced representation from the public and private sectors, including nongovernmental conservation organizations. 

(2) øSCIENTIFIC ADVISORY SUBCOMMITTEE¿ FUNCTIONS AND

ASSISTANCE.— (A) ADVICE.—The Scientific Advisory Subcommittee shall 

advise the General Advisory Committee and the Commissioners on matters including— 

(i) the conservation of ecosystems; 

(ii) the sustainable uses of living marine resources 

related to the tuna fishery in the eastern Pacific 

Ocean; and 

(iii) the long-term conservation and management of 

stocks of living marine resources in the eastern tropical Pacific Ocean. 

(B) OTHER FUNCTIONS AND ASSISTANCE.—The Scientific 

Advisory Subcommittee shall, as requested by the General 

Advisory Committee, the United States Commissioners, or 

the Secretary, perform functions and provide assistance required by formal agreements entered into by the United 

States for this fishery, including the International Dolphin 

Conservation Program. These functions may include— 

(i) the review of data from the Program, including 

data received from the Inter-American Tropical Tuna 

Commission; 

(ii) recommendations on research needs, including 

ecosystems, fishing practices, and gear technology research, including the development and use of selective, 

environmentally safe and cost-effective fishing gear, 

and on the coordination and facilitation of such research; 

(iii) recommendations concerning scientific reviews 

and assessments required under the Program and engaging, as appropriate, in such reviews and assessments; 

(iv) consulting with other experts as needed; and 


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(v) recommending measures to assure the regular 

and timely full exchange of data among the parties to 

the Program and each nation’s National Scientific Advisory Committee (or its equivalent). 

(C) OTHER AUTHORITIES.—The Scientific Advisory Subcommittee 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 a 

convention. 

(D) PUBLIC ACCESS.— (i) ORGANIZATION, PRACTICES, AND PROCEDURES.— The Scientific Advisory Subcommittee shall publish 

and make available to the public a statement of its organization, practices, and procedures. 

(ii) MEETINGS.—Meetings of the Scientific Advisory 

Subcommittee, except when in executive session, shall 

be open to the public, and prior notice of meetings shall 

be made public in a timely fashion. 

(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 

øGeneral 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. 

(c) ADMINISTRATIVE MATTERS.— (1) TECHNICAL SUPPORT.—The Secretary shall provide to the 

General Advisory Committee and the Scientific Advisory Subcommittee in a timely manner such administrative and technical support services as are necessary for the effective functioning of the Committee and the Subcommittee. 

(2) NO CLASSIFICATION AS FEDERAL EMPLOYEES.—Individuals 

appointed to serve as a member of the General Advisory Committee or the Scientific Advisory Subcommittee— 

(A) shall serve without pay, but while away from their 

homes or regular places of business to attend meetings of 

the General Advisory Committee or the Scientific Advisory 

Subcommittee, as appropriate, 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 

(B) 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. 

øSEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES. 

[16 U.S.C. 955] 

ø(a) APPROVAL OF COMMISSION BYLAWS AND RULES; ACTION ON

REPORTS, REQUESTS, AND RECOMMENDATIONS.—The Secretary of 

State is authorized to approve or disapprove, on behalf of the 


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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. 

ø(b) REGULATIONS.—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. 

ø(c) RULEMAKING PROCEDURES; PROHIBITIONS.—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 recommendation 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 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 


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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 

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gations 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. VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED LAWS. 

[16 U.S.C. 957] 

(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 øsection 6(c) of this 

Act¿ section 6, or for any person knowingly to ship, transport, purchase, sell, offer for sale, import, export, or have in custody, possession, or control any fish taken or retained in violation of such regulations. 

(b) It shall be unlawful for the master or any person in charge 

of any fishing vessel of the United States or any person on board 

such vessel to fail to make, keep, or furnish any catch returns, statistical records, or other reports as are required by regulations 

adopted pursuant to this Act to be made, kept, or furnished; or to 

fail to stop upon being hailed by a duly authorized official of the 

United States; or to refuse to permit the duly authorized officials 

of the United States or authorized officials of the commissions to 

board such vessel or inspect its catch, equipment, books, documents, records, or other articles or question the persons on board 

in accordance with the provisions of this Act, or the convention, as 

the case may be. 

(c) It shall be unlawful for any person to import, in violation of 

any regulation adopted pursuant to øsection 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 øsection 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 øsection 6(c) of this 

Act¿ section 6. (d) Any person violating any provision of subsection (a) of this section shall be fined not more than $25,000, and for a subsequent 

violation of any provisions of said subsection (a) shall be fined not 

more than $50,000. 

(e) Any person violating any provision of subsection (b) of this section shall be fined not more than $1,000, and for a subsequent 

violation of any provision of subsection (b) shall be fined not more 

than $5,000. 

(f) Any person violating any provision of subsection (c) of this section shall be fined not more than $100,000. 

(g) All fish taken or retained in violation of subsection (a) of this 

section, or the monetary value thereof, may be forfeited. 

(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs 

laws, the disposition of such cargo or the proceeds from the sale 

thereof, and the remission or mitigation of such forfeitures shall 

apply to seizures and forfeitures incurred, or alleged to have been 


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incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions 

of this Act. 

(i) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For prohibitions relating to this Act and enforcement of this Act, see section 606 

of the High Seas Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826g). 

øSEC. 10. ENFORCEMENT OF 16 USCS §§ 951 ET SEQ. 

[16 U.S.C. 959] 

ø(a) ISSUANCE OF PROCESS.—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. 

ø(b) FEDERAL LAW ENFORCEMENT AGENTS.—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. 

ø(c) EXECUTION OF PROCESS.—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. 

ø(d) ARRESTS.—Such person so authorized shall have the power— 

ø(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; 

ø(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. 

ø(e) SEIZURES AND DISPOSITION OF FISH.—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. 

ø(f) SECURITY.—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 


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58 

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. 

[16 U.S.C. 962] 

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 øvessel¿ vessels 

fish for tuna in the eastern tropical Pacific Ocean, to establish 

standards and measures for a bycatch reduction program for vessels fishing for yellowfin tuna in the eastern tropical Pacific Ocean. 

The bycatch reduction program shall include measures— 

(1) to require, to the maximum extent practicable, that sea 

turtles and other threatened species and endangered species 

are released alive; 

(2) to reduce, to the maximum extent practicable, the harvest 

of nontarget species; 

(3) to reduce, to the maximum extent practicable, the mortality of nontarget species; and 

(4) to reduce, to the maximum extent practicable, the mortality of juveniles of the target species. 

EASTERN PACIFIC TUNA LICENSING ACT OF 1984 

[16 U.S.C. 972 et seq.] 

øSEC. 2. DEFINITIONS. 

[16 U.S.C. 972] 

øAs used in this Act— 

ø(1) The term ‘‘Agreement’’ means the Eastern Pacific Ocean 

Tuna Fishing Agreement, signed in San Jose, Coast Rica, 

March 15, 1983. 

ø(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 


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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. 

ø(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). 

ø(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.¿ 

øSEC. 3. UNITED STATES REPRESENTATION ON THE COUNCIL. 

[16 U.S.C. 972a] 

ø(a) APPOINTMENT BY SECRETARY OF STATE.—The Secretary of 

State— 

ø(1) shall appoint a United States representative to the 

Council; and 

ø(2) may appoint not more than three alternate United 

States representatives to the Council. 

ø(b) QUALIFICATION.—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. 

ø(c) COMPENSATION.—An individual is not entitled to compensation for serving as the United States representative or an alternate 

United States representative. 

ø(d) TRAVEL EXPENSES.—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 interVerDate Sep 11 2014 05:08 Nov 11, 2015 Jkt 059010 PO 00000 Frm 00061 Fmt 6659 Sfmt 6602 E:\HR\OC\SR166.XXX SR166

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mittently in Government service are allowed expenses under section 5703(b) of title 5 of the United States Code.¿ 

øSEC. 4. SECRETARY OF STATE TO ACT FOR THE UNITED STATES. 

[16 U.S.C. 972b] 

øThe 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.¿ 

øSEC. 5. APPLICATION TO OTHER LAWS. 

[16 U.S.C. 972c] 

ø(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. 

ø(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-Stevens Fishery 

Conservation and Management Act (16 U.S.C. 1825(a)(4)(C)) if the 

seizure is consistent with the Agreement.¿ 

øSEC. 6. DISPOSITION OF FEES. 

[16 U.S.C. 972d] 

øAll fees accruing to the United States under Article III of the 

Agreement shall be deposited into the Treasury of the United 

States.¿ 

øSEC. 7. REGULATIONS. 

[16 U.S.C. 972e] 

øThe 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.¿ 

øSEC. 8. PROHIBITED ACTS. 

[16 U.S.C. 972f] 

ø(a) UNLAWFUL ACTS.—It is unlawful for any person subject to 

the jurisdiction of the United States— 

ø(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; 

ø(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; 

ø(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; 


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ø(4) to fail to make, keep, or furnish any catch return, statistical record, or other report required by regulations issued 

under section 7; 

ø(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 

ø(6) to import from any country, in violation of any regulation issued under section 7, any designated species of tuna. 

ø(b) PENALTIES. .—Any person who is convicted of violating— 

ø(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; 

ø(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 

ø(3) subsection (a)(6) shall be fined or assessed a civil penalty not more than $100,000. 

ø(c) FORFEITURE.—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. 

ø(d) APPLICATION OF LAWS RELATING TO SEIZURES AND FORFEITURES.—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 provision of this Act.¿ 

øSEC. 9. ENFORCEMENT. 

[16 U.S.C. 972g] 

ø(a) WARRANTS.—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. 

ø(b) JOINT RESPONSIBILITY FOR ENFORCEMENT.—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. 

ø(c) EXECUTION OF WARRANTS AND PROCESS.—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. 


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ø(d) ARREST; SEARCH.—An individual so authorized to carry out 

enforcement activities under this section has power— 

ø(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; 

ø(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. 

ø(e) SEIZURE.—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 so 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. 

ø(f) BOND OR STIPULATION FOR VALUE OF THE PROPERTY.—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.¿ 

øSEC. 10. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 972h] 

øThere are authorized to be appropriated for fiscal years after 

fiscal year 1984 such sums as may be necessary to carry out this 

Act.¿ 

Æ 


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