U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 

1 

69–010 

" ! SENATE 110TH CONGRESS

2d Session 

REPORT

2008

110–469 

Calendar No. 1028 

INTERNATIONAL FISHERIES STEWARDSHIP 

AND ENFORCEMENT ACT OF 2008 

R E P O R T 

OF THE

COMMITTEE ON COMMERCE, SCIENCE, AND 

TRANSPORTATION 

ON

S. 2907 

SEPTEMBER 17, 2008.—Ordered to be printed 


smartinez on PROD1PC64 with REPORTScongress.#13
(II) 

SENATE COMMITTEE ON COMMERCE, SCIENCE, AND TRANSPORTATION 

ONE HUNDRED TENTH CONGRESS

SECOND SESSION

DANIEL K. INOUYE, Hawaii, Chairman 

JOHN D. ROCKEFELLER IV, West Virginia 

JOHN F. KERRY, Massachusetts 

BYRON L. DORGAN, North Dakota 

BARBARA BOXER, California 

BILL NELSON, Florida 

MARIA CANTWELL, Washington 

FRANK R. LAUTENBERG, New Jersey 

MARK PRYOR, Arkansas 

THOMAS CARPER, Delaware 

CLAIRE MCCASKILL, Missouri 

AMY KLOBUCHAR, Minnesota 

KAY BAILEY HUTCHISON, Texas 

TED STEVENS, Alaska 

JOHN MCCAIN, Arizona 

OLYMPIA J. SNOWE, Maine 

GORDON H. SMITH, Oregon 

JOHN ENSIGN, Nevada 

JOHN E. SUNUNU, New Hampshire 

JIM DEMINT, South Carolina 

DAVID VITTER, Louisiana 

JOHN THUNE, South Dakota 

ROGER F. WICKER, Mississippi 

MARGARET CUMMISKY, Staff Director and Chief Counsel 

LILA HELMS, Deputy Staff Director and Policy Director 

JEAN TOAL EISEN, Senior Advisor and Deputy Policy Director 

CHRISTINE KURTH, Republican Staff Director and General Counsel 

PAUL J. NAGLE, Republican Chief Counsel 

MIMI BRANIFF, Republican Deputy Chief Counsel 


smartinez on PROD1PC64 with REPORTS
Calendar No. 1028 

110TH CONGRESS REPORT " ! SENATE 2d Session 110–469 

INTERNATIONAL FISHERIES STEWARDSHIP AND 

ENFORCEMENT ACT OF 2008 

SEPTEMBER 17, 2008.—Ordered to be printed 

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

Transportation, submitted the following 

R E P O R T 

[To accompany S. 2907] 

The Committee on Commerce, Science, and Transportation, to 

which was referred the bill (S. 2907) to establish uniform administrative and enforcement procedures and penalties for the enforcement of the High Seas Driftnet Fishing Moritorium Protection Act 

and similar statutes, 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 purposes of S. 2907, the International Fisheries Stewardship 

and Enforcement Act of 2008, are to strengthen and harmonize the 

enforcement provisions of U.S. statutes for implementing international fisheries agreements, authorize actions regarding foreign 

vessels engaged in illegal fishing, create interagency programs for 

coordinating international fisheries enforcement and assistance to 

developing countries, and make other technical and clarifying 

changes to international fisheries statutes. The bill responds to 

issues identified during a Committee hearing held on April 3, 2008, 

and it addresses comments from a wide variety of stakeholders interested in the bill, including representatives of the fishing industry, conservation organizations, the National Oceanic and Atmospheric Administration (NOAA), the United States Coast Guard, 

and the Department of State (DOS). 


smartinez on PROD1PC64 with REPORTS
2 

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 fisheries 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 their Exclusive Economic Zone (EEZ). Unfortunately, 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. 

Under the Magnuson-Stevens Fisheries Conservation and Management Act (MSA, 16 U.S.C. 1801 et seq.), the primary Federal 

statute governing how U.S. fisheries are managed, the U.S. government exercises jurisdiction over the management of commercial 

fisheries within the U.S. EEZ. The MSA authorizes the Secretary 

of Commerce (Secretary), through the National Marine Fisheries 

Service (NMFS) within the NOAA, to be responsible for the management of marine resources. The MSA allows Regional Fishery 

Management Councils to develop management plans, subject to the 

Secretary’s approval, that follow the Act’s requirements for rebuilding overfished stocks and setting harvest levels according to 

science-based catch limits. 

The coordinated management of shared stocks harvested beyond 

200 miles is accomplished by nations participating in Regional 

Fisheries Management Organizations (RFMOs) or through international 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 RFMOs or 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 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. 

All U.S. international fishery enforcement activities are coordinated closely between the NMFS, the DOS, and the Coast Guard. 

The NMFS and the Coast Guard also provide input for the DOS 

negotiations of fishery treaties and agreements, in addition to reviewing foreign fishing vessel permit applications. The NMFS and 

the Coast Guard jointly conduct fisheries enforcement patrols and 

investigations under a wide-ranging memorandum of understanding (MOU). Additionally, the NMFS and the Coast Guard cooperate closely with individual states and territories, and coordinate MSA enforcement in and adjacent to state and territorial waters. Further, the Coast Guard conducts international enforcement 

operations in close coordination with the DOS, as required by Presidential Directive 27. 

Foreign Illegal, Unreported, and Unregulated (IUU) Fishing 

The term ‘‘IUU fishing’’ describes a range of fishing activities including the failure to report or misreporting of catches, fishing 

without the permission of a coastal country, the reflagging of vesVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00004 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
3 

sels to countries that are unable or unwilling to adequately control 

their fishing activity, and noncompliance with fishing gear and 

area rules. The extent to which IUU fishing occurs is not known, 

but some have estimated that it accounts for as much as one quarter of the world’s fish catch, and as such, represents one of the 

greatest challenges to sustainable global fishing management and 

conservation. The United Kingdom-based Chatham House estimates that IUU fish harvests are worth $9 billion annually, and 

despite a lack of specific data, these harvests likely create significant ecological impacts. 

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. 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’ (UN) Food and Agriculture 

Organization (FAO), and are primarily focused on pressuring individual nations to better control and manage their fishing fleets. 

RFMOs strive to follow guidelines established by the UN to combat 

IUU fishing. For example, the International Commission for the 

Conservation of Atlantic Tunas is working toward requiring fishing 

vessels to register with the Commission to be eligible to sell their 

catch. 

Unique IUU Challenges of Developing Countries 

On January 14 and 15, 2008, the New York Times published two 

articles highlighting the challenges IUU fishing presents to fisheries managers in coastal developing countries, including many African nations which have large EEZs containing valuable fish 

stocks. In an effort to generate revenue, the governments of many 

of these coastal developing countries have negotiated agreements 

that allow developed countries, including Europe, China, and Russia, to harvest their fisheries resources. In some cases, officials 

from developing countries have oversold fishing rights, inflated potential catches, and allowed pirate vessels and locals free reign in 

breeding grounds. Fishing under these agreements can lead to 

overexploitation, as many of these coastal developing countries lack 

the capacity to conduct fish stock assessments, define sustainable 

harvest levels, and monitor and enforce regulations to guide fishing 

activity. This results in the rapid decline of local fish stocks which 

removes the livelihood of artisanal local fishermen. 

In an effort to combat IUU fishing, particularly along the coasts 

of developing countries, many marine policy experts call for ending 

the system of flags of convenience, improving port inspections, and 

reducing the fishing pressure caused by large fishing fleets from industrialized nations. However, these measures require resources, 

including funding, staff, technology, and expertise, that remain 

largely unavailable in many developing countries. Many foreign aid 

organizations, such as the World Bank, attempt to direct foreign financial and technical assistance to improve the sustainability of 

coastal nations’ fisheries. The United States has initiated limited 

efforts to assist developing countries in targeting IUU fishing. The 

NMFS is engaged in activities to prevent, deter, and control bycatch and IUU actions in West Africa through observer training in 


smartinez on PROD1PC64 with REPORTS
4 

Ghana and regional dialogues in Senegal. The NOAA has contracted the Coast Guard to examine the enforcement capabilities 

and the available governmental infrastructure and capacity of both 

Senegal and Gabon to promote fisheries conservation and management. 

The Need for Legislation to Strengthen U.S. International Fisheries 

Enforcement 

The United States conducts international fisheries enforcement 

patrols and investigations through the NMFS Office of Law Enforcement (OLE) and the Coast Guard, with the DOS providing 

diplomatic and legal support. 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, they 

often took divergent approaches for establishing enforcement tools, 

setting fines and penalties, and otherwise 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 strengthen 

their overall approach for targeting foreign IUU fishing. Additionally, by increasing the fines and penalties, U.S. laws could have a 

more effective deterrent and make these penalties more than the 

cost of doing business for well-financed global corporations, as they 

are now. 

Internationally, the United States is participating in a UN effort 

to draft a legally-binding instrument on port state measures to prevent, deter, and eliminate IUU fishing. Ultimately, this agreement 

will facilitate greater IUU controls in coastal fishing nations; however, there are certain steps that the United States can take in the 

interim to discourage IUU fishing. First, the United States can 

grant permanence to the now-temporary list of IUU fishing vessels 

maintained by NOAA. This list was established in the fiscal year 

(FY) 2008 Consolidated Appropriations bill (P.L. 110—161), which 

temporarily authorized NOAA to publish a list of IUU fishing vessels identified by RFMOs. The goal of this list is to allow U.S. law 

enforcement officers, port authorities, and the commercial fishing 

industry to quickly and easily identify IUU fishing vessels given 

that there are significant risks and liabilities to engaging in business with them. Second, the Secretary of Treasury is now authorized to deny port access to certain vessels engaged in high seas 

driftnet fishing, subject to his discretion, and this authority can be 

expanded to vessels identified as IUU fishing vessels as defined by 

the MSA. 

Domestically, the United States can take steps to promote interagency cooperation and reduce the bureaucratic barriers that can 

limit the effectiveness of patrols, investigations, and any subsequent litigation. The NMFS OLE and the Coast Guard undertake 

international fisheries enforcement activities to the extent that 

funding and other resources allow, and as such have had limited 

effectiveness in reducing IUU fishing and preventing all IUU fish 

product from entering the United States. For FY 2009, the President requested a $1.1 million increase for targeting IUU fishing 


smartinez on PROD1PC64 with REPORTS
5 

(the first IUU-specific request) out of a $56 million total request for 

fisheries enforcement. The United States could improve its law enforcement efforts by allowing agencies to share enforcement authorities, information, and intelligence (subject to appropriate protections), and other resources; enter into MOUs and other agreements with fisheries officers in states and other nations; and otherwise leverage intergovernmental tools and resources. 

The United States can also build upon existing efforts to provide 

assistance and other support to developing countries struggling 

with fisheries management and IUU enforcement efforts. As noted 

above, the United States has provided minimal forms of support 

and assistance through the NMFS and the Coast Guard, but this 

topic has not been a significant part of the U.S. Agency for International Development or the Millennium Challenge Corporation, 

the two primary United States Federal programs for providing foreign assistance. By encouraging the development of programs 

aimed at international fisheries conservation and IUU fishing within the existing foreign assistance framework, in cooperation with 

experts in the NMFS and the Coast Guard, the United States can 

expand its reach and effectiveness in targeting this significant marine policy problem facing developing countries. 

SUMMARY OF PROVISIONS

The substitute amendment for S. 2907 would harmonize the enforcement provisions of U.S. statues for implementing international 

fisheries agreements and otherwise strengthen international fisheries enforcement. 

Title I of this bill would grant the NOAA and the Coast Guard 

authority to implement international fisheries laws, expand authorities for carrying out investigations and enforcement activities, 

and establish new prohibited acts for interfering with investigations. It would amend the enforcement provisions of statutes for 

implementing international fisheries agreements to conform to sections 307 through 311 of the MSA and increase civil and criminal 

penalties for violating international fisheries laws. Additionally, it 

would authorize the Secretary to maintain and make public a list 

of vessels engaged in IUU fishing and authorize appropriate action 

against listed vessels consistent with applicable U.S. and international law in all ports of the United States or its territories. It 

also would amend the High Seas Driftnet Fishing Moratorium Protection Act (HSDFMPA, 16 U.S.C. 1826d et seq.) to authorize the 

Secretary of the Treasury to deny port access to IUU fishing vessels from nations listed under the new nation certification procedures for IUU fishing and bycatch of protected living marine resources authorized in Section 403 of the MSA. 

Title II would leverage intergovernmental capabilities through 

joint efforts and agreements by creating an International Fisheries 

Enforcement Program, which would be housed in the NMFS OLE, 

with new authorities to increase interagency cooperation, share resources and information, and extend authorities to other law enforcement officers. It also would create an International Cooperation and Assistance Program authorized to provide assistance for 

international capacity building efforts; facilitate training for monitoring, enforcement, and conservation efforts; promote technical exVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00007 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
6 

pertise, outreach, and education to combat IUU fishing; and promote international marine conservation. 

Title III would make other technical and clarifying amendments 

to various statutes for implementing international fisheries agreements to improve and streamline program performance and rulemaking processes and to facilitate information sharing. 

Title IV would consist of implementing legislation for the InterAmerican Tropical Tuna Commission, or the Antigua Convention. 

LEGISLATIVE HISTORY

S. 2907 was introduced in the Senate by Senators Inouye and 

Stevens on April 24, 2008. Senators Wicker, Murkowski, Kerry, 

Snowe, and Cantwell joined as cosponsors. The bill was referred to 

the Senate Committee on Commerce, Science, and Transportation. 

On June 24, 2008, an Inouye/Stevens substitute amendment for the 

bill was considered by the Committee in an open executive session. 

The Committee, without objection, ordered the substitute amendment for S. 2907 be reported as offered. 

Staff assigned to this legislation include Amanda Hallberg, 

Democratic Professional Staff, Todd Bertoson, Republican Senior 

Counsel, and Kris Lynch, Republican Senior Advisor for Oceans, 

Fisheries, and Coast Guard. 

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: 

JULY 25, 2008. 

Hon. DANIEL K. INOUYE, 

Chairman, Committee on Commerce, Science, and Transportation, 

U.S. Senate, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for S. 2907, the International 

Stewardship and Enforcement Act. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Deborah Reis. 

Sincerely, 

PETER R. ORSZAG. 

Enclosure. 

S. 2907—International Fisheries Stewardship and Enforcement Act 

Summary: S. 2907 would establish uniform enforcement policies 

and procedures among federal statutes that govern the regulation 

of commercial fishing. The bill also would authorize funding for 

new programs to improve the enforcement of laws related to international fisheries and coordinate enforcement actions among federal agencies. 

Assuming appropriation of the authorized amounts, CBO estimates that implementing S. 2907 would cost $90 million over the 

2010–2013 period and $120 million after 2013. Enacting this legislation could increase revenues (from civil and criminal penalties) 

and associated direct spending, but CBO estimates that such inVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00008 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
7 

creases would be less than $500,000 annually and would offset 

each other in most years. 

Section 4 of the Unfunded Mandates Reform Act (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 the provisions of title IV fall within that exclusion because they would implement the Antigua Convention. Therefore, CBO has not reviewed 

title IV for the presence of intergovernmental or private-sector 

mandates. 

The remaining provisions contain an intergovernmental and private-sector mandate as defined in UMRA because they would require public and private entities, if subpoenaed, to provide testimony, documents, or other evidence to the Department of Commerce. CBO estimates that the cost to comply with the mandate 

would fall below the annual thresholds established in UMRA for 

intergovernmental and private-sector mandates ($68 million and 

$136 million in 2008, respectively, adjusted annually for inflation). 

Estimated cost to the Federal Government: The estimated budgetary impact of S. 2907 is shown in the following table. The costs 

of this legislation fall within budget function 300 (natural resources 

and environment). 

By fiscal year, in millions of dollars— 

2009 2010 2011 2012 2013 2009–2013 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Authorization Level ............................................................... 0 35 35 35 35 140 

Estimated Outlays ................................................................ 0 10 15 30 35 90 

Basis of estimate: For this estimate, CBO assumes that the legislation will be enacted near the beginning of fiscal year 2009 and 

that the amounts authorized will be appropriated for each year. Estimated outlays are based on historical spending patterns for similar programs. 

S. 2907 would authorize the appropriation of $30 million for each 

of fiscal years 2010 through 2015 for a new program to detect, investigate, and enforce laws against certain fishing activities. The 

new program would be administered by the National Oceanic and 

Atmospheric Administration (NOAA) and carried out with help 

from other federal agencies such as the U.S. Coast Guard and U.S. 

Customs and Border Protection. The bill also would authorize the 

appropriation of $5 million annually over the same period for 

grants and other assistance to foreign governments to improve 

international enforcement of fisheries laws. Assuming appropriation of the authorized amounts, CBO estimates that implementing 

the new programs would cost $90 million over the 2010–2013 period and $120 million after 2013. 

Finally, S. 2907 would 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. 


smartinez on PROD1PC64 with REPORTS
8 

Intergovernmental and private-sector impact: 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 the provisions of title IV fall within that exclusion because they would implement the Antigua Convention. Therefore, CBO has not reviewed 

title IV for the presence of intergovernmental or private-sector 

mandates. 

The remaining provisions contain an intergovernmental and private-sector mandate as defined in UMRA. The bill would expand 

the authority of the Secretary of Commerce to issue subpoenas 

when investigating violations of certain fishing laws. Public and 

private entities, if subpoenaed, would be required to provide testimony, documents, or other evidence. CBO expects that the Secretary would use that authority sparingly and that the costs to the 

private and public entities to comply with such subpoenas would be 

small. Therefore CBO estimates that the cost of the mandate would 

fall below the annual thresholds established in UMRA for intergovernmental and private-sector mandates ($68 million and $136 million in 2008, respectively, adjusted annually for inflation). 

Estimate prepared by: Federal Costs: Deborah Reis; Impact on 

State, Local, and Tribal Governments: Elizabeth Cove; Impact on 

the Private Sector: Jacob Kuiper. 

Estimate approved by: Theresa Gullo, Deputy Assistant Director 

for Budget Analysis. 

REGULATORY IMPACT STATEMENT

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

The reported bill would strengthen and harmonize the enforcement provisions of U.S. statutes for implementing international 

fisheries agreements, authorize actions regarding foreign vessels 

engaged in illegal fishing, create interagency programs for coordinating international fisheries enforcement and assistance to developing countries, and make other technical and clarifying changes 

to international fisheries statutes. It authorizes the Secretary to 

promulgate new regulations to carry out its authorities to address 

new prohibited acts related to interfering with an international 

fisheries investigation, and therefore will subject those individuals 

or businesses to new regulations. 

ECONOMIC IMPACT

Title II of the reported substitute amendment authorizes 

$30,000,000, for each of FY 2010 through FY 2015, for the development and implementation of a new inter-agency International Fisheries Enforcement Program. It also authorizes $5,000,000, for each 

of FY 2010 through FY 2015, for the establishment of the International Cooperation and Assistance Program. Considering the potential cost savings and economic return on an effective international fisheries conservation program, the funding levels ultiVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00010 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
9 

mately enacted are not expected to have an inflationary impact on 

the nation’s economy. 

PRIVACY

The reported substitute amendment will not have any adverse 

impact on the personal privacy of individuals that do not violate 

provisions of this legislation. 

PAPERWORK

S. 2907 would not 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. 

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 and Table of Contents. 

This section would provide that the legislation may be cited as 

the ‘‘International Fisheries Stewardship and Enforcement Act.’’ 

This section also contains the table of contents. 

TITLE I. ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY

AND RELATED STATUTES

Section 101. Authority of the Secretary to Enforce Statutes. 

Sec. 101 (a). In General. This subsection would direct the Secretary and the Secretary of the Department in which the Coast 

Guard is operating, currently the Department of Homeland Security, to enforce the statutes to which this section applies. The Secretary would be allowed, by agreement, to utilize the personnel, 

equipment, and facilities of any other Federal agency, including all 

elements of the Department of Defense, to carry out this section. 

This section would apply to the HSDFMPA, 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 South Pacific Tuna 

Act of 1988 (16 U.S.C. 973 et seq.), the Antarctic Marine Living Resources Convention Act of 1984 (16 U.S.C. 2431 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.), the Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 et seq.), and the Antigua 

Convention Implementing Act of 2008. In addition, this subsection 

could apply to any other Act of the same subject as designated by 

the Secretary after having given notice and an opportunity for a 

hearing. 


smartinez on PROD1PC64 with REPORTS
10 

Sec. 101 (b). Administration and Enforcement. This subsection 

would direct the Secretary to prevent any person from violating 

any Act to which this section applies in the same way as though 

sections 307 through 311 of the MSA were incorporated into such 

Act. Any person, with a few exceptions, who violates any Act to 

which this section applies would be subject to the penalties, privileges, and immunities provided in the sections 307 through 311 of 

the MSA. 

Sec. 101 (c) Special Rules. This subsection would outline that if 

there is a conflict with a provision from the MSA, the provision of 

this subsection would apply. The amount of the civil penalty would 

not exceed $250,000 per violation. Each day of a continuing violation would constitute a separate violation. The Attorney General, 

upon the request of the Secretary, would be allowed to take civil 

action in the appropriate district court of the United States to enforce this Act and any Act to which this section applies. Any person, other than a foreign government, who knowingly violates any 

provision of subsection (e) of this section, or any regulation conforming to this Act, would be guilty of a criminal offense and subject to penalties provided under section 309 of the MSA. Authorized 

officers enforcing the provisions of any Act to which this section applies would be authorized to search or inspect any facility used for 

the storage, processing, transport, or trade of fish or fish products; 

inspect any records pertaining to the storage, processing, transport, 

or trade of fish or fish products; detain, for 5 days, any shipment 

of fish or fish product within the jurisdiction of the United States; 

and make an arrest. The Secretary could issue subpoenas for the 

production of relevant papers, photographs, records, books, and 

documents in any form including electronic, electrical, or magnetic. 

Sec. 101 (d). District Court Jurisdiction. This subsection would 

give the district courts of the United States jurisdiction over any 

actions arising under this section. American Samoa would be included within the District of Hawaii. Any offenses not committed 

in any district would be subject to the venue provisions of section 

3238 of title 18, United States Code. 

Sec. 101 (e). Prohibited Acts. This subsection would create a list 

of unlawful activities and would direct the Secretary to enforce 

such regulations as may be necessary to carry out this section. 

Section 102. Conforming, Minor, and Technical Amendments. 

This section would provide for enforcement under section 101 of 

this Act, of the HSDFMPA, the Dolphin Protection Consumer Information Act, the Tuna Conventions Act of 1950, the Northern Pacific Anadromous Stocks Act of 1992, the Pacific Salmon Treaty Act 

of 1985, the South Pacific Tuna Act of 1988, the Antarctic Marine 

Living Resources Convention Act of 1984, the Atlantic Tunas Convention Act of 1975, the Northwest Atlantic Fisheries Convention 

Act of 1995, the Western and Central Pacific Fisheries Convention 

Implementation Act, and the Northern Pacific Halibut Act of 1982. 

Section 103. Illegal, Unreported, or Unregulated Fishing. 

This section would amend the HSDFMPA to include a list of vessels and vessel owners engaged in IUU fishing, to apply restrictions on port access to all U.S. ports, and to authorize authority for 

the Secretary of Treasury to take actions with respect to fishing 


smartinez on PROD1PC64 with REPORTS
11 

vessels that receive a negative certification under section 609 or 

610 of the HSDFMPA. 

TITLE II. LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS

Section 201. International Fisheries Enforcement Program. 

Sec. 201 (a). Establishment. This subsection would direct the Secretary to establish an interagency International Fisheries Enforcement Program within the NMFS OLE, within 12 months of enactment. This program would detect and investigate IUU fishing activity and enforce the provisions of this Act. The program would 

have a representative from the U.S. Coast Guard, U.S. Customs 

and Border Protection, U.S. Food and Drug Administration, and 

any other agency deemed appropriate by the Secretary. 

Sec. 201 (b). Program Actions. This subsection would allow the 

Secretary to request from the heads of other departments and 

agencies providing program staff to participate in staffing the program, share personnel, services, equipment, and facilities with the 

program, and extend enforcement authorities to other agencies 

within the program. The Secretary and the department and agency 

heads providing staff for the program could develop interagency 

plans, budgets, and financing. Within 180 days after the establishment of the program, the Secretary would develop a 5-year strategic plan, to be updated at least once every 5 years, for guiding 

interagency and intergovernmental international fisheries enforcement efforts. Additionally, the Secretary, in coordination with the 

other program participants, could create and participate in task 

forces, committees, or other working groups, as well as enter into 

agreements with other Federal, state, or local governments, as well 

as with foreign governments. 

Sec. 201 (c). Powers of Authorized Officers. This subsection would 

allow authorized officers to have the powers and authority provided 

in section 101 while enforcing the provisions of this Act. 

Sec. 201 (d). Information Collection, Maintenance, and Use. This 

subsection would direct the Secretary and the other program participants to share, subject to appropriate safeguards, all applicable 

information, intelligence, and data, related to IUU fishing. The Secretary, through the program, would coordinate the collection, storage, analysis, and dissemination of all applicable materials related 

to IUU fishing and would ensure the protection and confidentiality 

required by law for materials related to IUU fishing. The Secretary 

and the other program participants would develop data standardization methods for fisheries related data. Upon request of the Secretary, elements of the U.S. intelligence community would collect 

information related to IUU fishing outside the United States about 

non-U.S. citizens and share such information with the Secretary, 

through the program, for law enforcement purposes. In addition, 

this section would give the Secretary the authority to share fisheries related data with other Federal, State, and foreign governments, as well as international organizations, if such governments 

and organizations have policies and procedures to safeguard the information from unintended disclosure, and if the exchange of information is necessary to carry out the requirements of this section. 


smartinez on PROD1PC64 with REPORTS
12 

Sec 201 (e). Authorization of Appropriations. This subsection 

would authorize $30 million to the Secretary annually for FY 2010 

through FY 2015 to carry out the purposes of this section. 

Section 202. International Cooperation and Assistance Program. 

This section would direct the Secretary to establish an international cooperation and assistance program, including grants, to 

provide assistance for international capacity building efforts. In 

carrying out the program, the Secretary would provide funding and 

technical expertise to other nations to assist them in addressing 

IUU fishing and to reduce bycatch of living marine resources. Also, 

the Secretary would establish partnerships with other Federal 

agencies, conduct outreach and education efforts, and provide funding, technical expertise, and training to other nations to assist 

them in enhancing fisheries management and monitoring. The Secretary would establish guidelines necessary to implement the program. In addition, this section would authorize $5 million annually 

for FY 2010 through FY 2015 for the Secretary to carry out the 

purposes of this section. 

TITLE III. MISCELLANEOUS AMENDMENTS

Section 301. Atlantic Tunas Convention Act of 1975. 

This section would repeal Section 11 of the Atlantic Tunas Convention Act of 1975, which mandates an annual reporting requirement. 

Section 302. Data Sharing. 

This section would amend the HSDFMPA to include information 

sharing by authorizing the Secretary to share information with 

other nations or organizations that have policies and procedures to 

safeguard such information from unintended or unauthorized disclosure. It would also authorize the Secretary to urge other nations 

to foster information sharing on scientific, conservation, management, and enforcement matters. 

Section 303. Permits Under the High Seas Fishing Compliance Act 

of 1995. 

This section would amend the High Seas Fishing Compliance Act 

of 1995 (16 U.S.C. 5501 et. seq.) to void a permit issued if either 

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 304. Technical Corrections to the Western and Central Pacific Fisheries Convention Implementation Act. 

This section would make technical corrections to the Western 

and Central Pacific Fisheries Convention Implementation Act to 

clarify that commissioners would include representatives of the 

Western Pacific Fishery Management Council and the Pacific Fishery Management Council. 


smartinez on PROD1PC64 with REPORTS
13 

Section 305. Technical Correction to the Pacific Whiting Act of 2006. 

This section would make technical corrections to the Pacific 

Whiting Act of 2006 to adjust the number of participants on a scientific advisory committee. 

Section 306. Committee on Scientific Cooperation for Pacific Salmon 

Agreement. 

This section would amend the Pacific Salmon Treaty Act of 1985 

by allowing members of the Committee on Scientific Cooperation to 

receive compensation when performing duties for the Commission. 

Section 307. Reauthorizations. 

This section would reauthorize the International Dolphin Conservation Program, the Pacific Salmon Treaty Act of 1985, and the 

South Pacific Tuna Act of 1988 through FY 2013. 

TITLE IV. IMPLEMENTATION OF THE ANTIGUA CONVENTION

Section 401. Short Title. 

This section would allow this title to be cited as the ‘‘Antigua 

Convention Implementing Act of 2008’’. 

Section 402. Amendment of the Tuna Conventions Act of 1950. 

This section would ensure that any reference in this title to an 

amendment or repeal, except as otherwise stated, would be to the 

Tuna Conventions Act of 1950. 

Section 403. Definitions. 

This section would define the following terms: ‘‘Antigua Convention,’’ ‘‘Convention,’’ ‘‘Import,’’ ‘‘Person,’’ ‘‘United States,’’ ‘‘U.S. 

Commissioners,’’ and ‘‘U.S. section.’’ 

Section 404. Commissioners; Number, Appointment, and Qualifications. 

This section would direct the President to appoint five U.S. Commissioners to represent the United States on the Commission. One 

Commissioner would be from each of the Department of Commerce, 

the Western Pacific Fishery Management Council, and the Pacific 

Fishery Management Council. Not more than 2 Commissioners 

would be appointed from states whose vessels do not maintain a 

substantial fishery in the area of the Convention. Alternate U.S. 

Commissioners could also be appointed in the case of a Commissioner’s absence. 

Section 405. General Advisory Committee and Scientific Advisory 

Subcommittee. 

This section would direct the Secretary, in consultation with the 

Secretary of State, to appoint a General Advisory Committee, consisting of no more than 25 individuals representing various groups, 

including nongovernmental conservation organizations. Members 

would be appointed for three year terms and would be eligible for 

reappointment. The Secretary and the Secretary of State would be 

directed to provide relevant information and administrative support to the Committee. This section would also direct the Secretary, 


smartinez on PROD1PC64 with REPORTS
14 

in consultation with the Secretary of State, to appoint a Scientific 

Advisory Subcommittee consisting of 5 to 15 qualified scientists. 

Section 406. Rulemaking. 

This section would direct the Secretary of State to approve or disapprove bylaws and rules adopted by the Commission and submitted for approval of the U.S. government. Regulations and decisions by the Commission requiring the submission of boat operation records would be put into effect by the Secretary of Commerce and would apply to all vessels under U.S. jurisdiction. Regulations carrying out recommendations by the Commission would be 

exempt from notice and comment rulemaking procedures as well as 

requirements for environmental and economic analysis. The Secretary of Commerce would set the date such regulations go into effect. The Secretary of Commerce would suspend any rules under 

this section if foreign fishing operations constitute a threat to the 

achievement of the Commission’s objectives. 

Section 407. Prohibited Acts. 

This section would make it unlawful for any person (1) to violate 

any provision of this chapter or any regulation or permit issued 

under the Tuna Conventions Act of 1950, as amended by the Antigua Convention Implementing Act of 2008; (2) to use any fishing 

vessel for fishing activities after an applicable permit has been revoked or suspended; (3) to refuse to permit any authorized officer 

to board a fishing vessel for purposes of enforcing the Tuna Conventions Act of 1950, as amended; (4) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with 

an authorized officer enforcing the Tuna Conventions Act of 1950, 

as amended; (5) to resist a lawful arrest for any act prohibited by 

the Tuna Conventions Act of 1950, as amended; (6) to ship, transport, offer for sale, sell, purchase, import, export, or have custody, 

control, or possession of, any fish taken in violation of the Tuna 

Conventions Act of 1950, as amended; (7) to interfere with, delay, 

or prevent the apprehension, or arrest of another person, knowing 

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

(8) to knowingly and willfully submit to the Secretary false information; (9) to forcibly assault, resist, oppose, impede, intimidate, 

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

(10) to engage in fishing in violation of the Tuna Conventions Act 

of 1950, as amended; (11) to ship, transport, purchase, sell, offer for 

sale, import, export, or have in custody, possession, or control any 

fish taken in violation of applicable regulations; (12) to fail to 

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

other reports as required by the Tuna Conventions Act of 1950, as 

amended; (13) to fail to stop a vessel upon being instructed to stop 

by an authorized official of the United States; or (14) to import, in 

violation of the Tuna Conventions Act of 1950, as amended, any 

fish in any form, including tuna not under regulation but under investigation by the Commission. 

Section 408. Enforcement. 

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

amended, under section 101 of the International Fisheries Stewardship and Enforcement Act. 


smartinez on PROD1PC64 with REPORTS
15 

Section 409. Reduction of Bycatch. 

This section would make minor technical corrections. 

Section 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984 

This section would repeal the Eastern Pacific Tuna Licensing Act 

of 1984. 

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): 

NORTHERN PACIFIC HALIBUT ACT OF 1982 

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, 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 øsearch or inspection¿ search, 

investigation, or inspection in connection with the enforcement of the Convention, 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 øsearch or inspection¿ 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, 

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

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 

(G) to make or submit any false record, account, or label 

for, or any false identification of, any fish or fish product 

(including false identification of the harvesting nation or 

the ocean where harvested) which has been, or is intended 

to be imported, exported, transported, sold, offered for sale, 

purchased, or received in interstate or foreign commerce. 

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, this Act and regulations adopted under this Act. 


smartinez on PROD1PC64 with REPORTS
16 

øSEC. 3. CIVIL PENATLY; PROCEDURE. 

[16 U.S.C. 773f] 

ø(a) LIABILITY; CONTINUING VIOLATIONS; NOTICE; DETERMINA- TION OF AMOUNT.— Any person who is found by the Secretary, 

after notice and opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act 

prohibited by section 7 shall be liable to the United States for a 

civil penalty. The amount of the civil penalty shall not exceed 

$200,000 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, or his designee, by written notice. In determining the amount of such penalty, the Secretary 

shall taken into account the nature, circumstances, extent, and 

gravity of the prohibited acts committed and, with respect to the 

violator, the degree of culpability, any history of prior offenses, and 

such other matters as justice may require. In assessing such penalty, the Secretary may also consider any information provided by 

the violator relating to the ability of the violator to pay if the information is provided to the Secretary at least 30 days prior to an administrative hearing. 

ø(b) JUDICIAL REVIEW.—Any person against whom a civil penalty 

is assessed under subsection (a) may obtain a review thereof in the 

appropriate court of the United States by filing a notice of appeal 

in such court within 30 days from the date of such order and by 

simultaneously sending a copy of such notice by certified mail to 

the Secretary and the Attorney General. The Secretary shall 

promptly file in such court a certified copy of the record upon 

which such violation was found or such penalty imposed, in accordance with rules prescribed pursuant to section 2112 of title 28, 

United States Code. The findings and order of the Secretary 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(c) RECOVERY OF ASSESSED PENALTIES BY ATTORNEY GENERAL.—If any person fails to pay an assessment of a civil penalty 

after it has become a final and unappealable order, or after the appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General 

of the United States, who shall recover the amount assessed in any 

validity and appropriateness of the final order imposing the civil 

penalty shall not be subject to review. 

ø(d) COMPROMISE, MODIFICATION, AND REMISSION OF PENALTIES.—The Secretary 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. 

ø(e) REVOCATION OR SUSPENSION OF PERMIT.— 

ø(1) IN GENERAL.—The Secretary may take any action described in paragraph (2) in any case in which— 

ø(A) a vessel has been used in the commission of any act 

prohibited under section 7; 

ø(B) the owner or operator of a vessel or any other person who has been issued or has applied for a permit under 

this Act has acted in violation of section 7; or 

ø(C) any amount in settlement of a civil forfeiture imposed on a vessel or other property, or any civil penalty or 


smartinez on PROD1PC64 with REPORTS
17 

criminal fine imposed on a vessel or owner or operator of 

a vessel or any other person who has been issued or has 

applied for a permit under any marine resource law enforced by the Secretary has not been paid and is overdue. 

ø(2) PERMIT-RELATED ACTIONS.—Under the circumstances described in paragraph (1) the Secretary may— 

ø(A) revoke any permit issued with respect to such vessel or person, with or without prejudice to the issuance of 

subsequent permits; 

ø(B) suspend such permit for a period of time considered 

by the Secretary to be appropriate; 

ø(C) deny such permit; or 

ø(D) impose additional conditions and restrictions on any 

permit issued to or applied for by such vessel or person 

under this Act and, with respect to any foreign fishing vessel, on the approved application of the foreign nation involved and on any permit issued under that application. 

ø(3) FACTORS TO BE CONSIDERED.—In imposing a sanction 

under this subsection, the Secretary shall take into account— 

ø(A) the nature, circumstances, extent, and gravity of 

the prohibited acts for which the sanction is imposed; and 

ø(B) with respect to the violator, the degree of culpability, any history of prior offenses, and such other matters 

as justice may require. 

ø(4) TRANSFERS OF OWNERSHIP.—Transfer of ownership of a 

vessel, a permit, or any interest in a permit, by sale or otherwise, shall not extinguish any permit sanction that is in effect 

or is pending at the time of transfer of ownership. Before executing the transfer of ownership of a vessel, permit, or interest 

in a permit, by sale or otherwise, the owner shall disclose in 

writing to the prospective transferee the existence of any permit sanction that will be in effect or pending with respect to 

the vessel, permit, or interest at the time of the transfer. 

ø(5) REINSTATEMENT.—In the case of any permit that is suspended under this subsection for nonpayment of a civil penalty, 

criminal fine, or any amount in settlement of a civil forfeiture, 

the Secretary shall reinstate the permit upon payment of the 

penalty, fine, or settlement amount and interest thereon at the 

prevailing rate. 

ø(6) HEARING.—No sanction shall be imposed under this subsection unless there has been prior opportunity for a hearing 

on the facts underlying the violation for which the sanction is 

imposed either in conjunction with a civil penalty proceeding 

under this section or otherwise. 

ø(7) PERMIT DEFINED.—In this subsection, the term ‘‘permit’’ 

means any license, certificate, approval, registration, charter, 

membership, exemption, or other form of permission issued by 

the Commission or the Secretary, and includes any quota share 

or other transferable quota issued by the Secretary.¿ 

øSEC. 9. CRIMES AND CRIMINAL PENALTIES. 

[16 U.S.C. 773g] 

ø(a) OFFENSES.—A person is guilty of any offense if he commits 

an act prohibited by section 7(a)(2), (3), (4), or (6); or section 7(b). 


smartinez on PROD1PC64 with REPORTS
18 

ø(b) FINES; IMPRISONMENT.—Any offense described in subsection 

(a) is punishable by a fine of not more than $200,000 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 officer authorized 

to enforce the provisions of this Act, or places any such officer in 

fear of imminent bodily injury the offense is punishable by a fine 

of not more than $400,000, or imprisonment for not more than 10 

years or both. 

ø(c) FEDERAL JURISDICTION.—There is Federal jurisdiction over 

any offense described in this section. 

øSEC. 10. FORFEITURES. 

[16 U.S.C. 773h] 

ø(a) CIVIL FORFEITURE PROCEEDING.—Any fishing vessel (including its fishing gear, furniture, appurtenances, stores, and cargo) 

used, and any fish taken or retained, in any manner, in connection 

with or as a result of the commission of any act prohibited by section 7 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(b) UNITED STATES DISTRICT COURT JURISDICTION.—Any district 

court of the United States shall have jurisdiction, upon application 

by the Attorney General on behalf of the United States, to order 

any forfeiture authorized under subsection (a) and any action provided for under subsection (d). 

ø(c) SEIZURE OF FORFEITED PROPERTY.—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 Act or for which security has not previously been obtained under subsection (d). The provisions of the 

customs laws relating to— 

ø(1) the disposition of forfeited property; 

ø(2) the proceeds from the sale of forfeited property; 

ø(3) the remission or mitigation of forfeitures; and 

ø(4) the compromise of claims; 

shall apply to any forfeiture ordered, and to any case in which forfeiture is alleged to be authorized, under this section, unless such 

provisions are inconsistent with the purposes, policy, and provisions of this Act. The duties and powers imposed upon the Commissioner of Customs or other persons under such provisions shall, 

with respect to this Act, be performed by officers or other persons 

designated for such purpose by the Secretary. 

ø(d) BOND OR OTHER SECURITY; DISPOSAL OF SEIZED FISH.— 

ø(1) Any officer authorized to serve any process in rem which 

is issued by a court having jurisdiction under section 11(d) 

shall— 

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

ø(B) discharge any fish seized pursuant to such process; 

upon the receipt of a satisfactory bond or other security from 

any person claiming such property. Such bond or other security 

shall be conditioned upon such person delivering such property 

to the appropriate court upon order thereof, without any impairment of its value, or paying the monetary value of such 


smartinez on PROD1PC64 with REPORTS
19 

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(2) Any fish seized pursuant to this Act may be disposed of 

pursuant to the order of a court of competent jurisdiction or, 

if perishable, in a manner prescribed by regulations of the Secretary or the Secretary of the department in which the Coast 

Guard is operating. 

ø(e) PRESUMPTION OF VIOLATION.—For purposes of this section, it 

shall be a rebuttable presumption that all fish found on board a 

fishing vessel which is seized in connection with an act prohibited 

by section 7 were taken or retained in violation of the Convention 

and this Act.¿ 

SEC. 11. ADMINISTRATION AND ENFORCMENT. 

[16 U.S.C. 773i] 

(a) SECRETARY OF COMMERCE AND SECRETARY OF DEPARTMENT IN

WHICH COAST GUARD IS OPERATING.—The Convention, this Act, 

and any regulation adopted under this Act, shall be enforced by the 

Secretary and the Secretary of the department in which the Coast 

Guard is operating. Such Secretaries 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. 

ø(b) ARREST, SEARCH AND INSPECTION, SEIZURE; EXECUTION OF

WARRANTS AND OTHER PROCESS.—Any officer who is authorized by 

the Secretary, the Secretary of the department in which the Coast 

Guard is operating, or the head of any Federal or State agency 

which has entered into an agreement with such Secretaries under 

subsection (a) to enforce the Convention, this Act or any regulation 

adopted under this Act may— 

ø(1) with or without a warrant or other process— 

ø(A) arrest any person, if he has reasonable cause to believe that such person has committed an act prohibited by 

section 7; 

ø(B) board, and search or inspect, any fishing vessel 

which is subject to this Act; 

ø(C) at reasonable times enter, search or inspect, shoreside facilities in which fish taken subject to this Act are 

processed, packed or held; 

ø(D) seize any fishing vessel (together with its fishing 

gear, furniture, appurtenances, stores, and cargo) used or 

employed in, or with respect to which it reasonably appears that such vessel was used or employed in, an act 

prohibited by section 7; 

ø(E) seize any fish (wherever found) taken or retained in 

the course of an act prohibited by section 7, or the proceeds of the sale of such fish; and 

ø(F) seize any other evidence related to an act prohibited 

by section 7; 

ø(2) execute any warrant or other process issued by any 

court of competent jurisdiction; and 

ø(3) exercise any other lawful authority. 


smartinez on PROD1PC64 with REPORTS
20 

ø(c) CITATION OF OWNER OR OPERATOR OF OFFENDING VESSEL.— 

If any officer authorized to enforce this Act (as provided for in this 

section) finds that a fishing vessel is operating or has been operated in the commission of an act prohibited by section 7, such officer may, in accordance with regulations issued jointly by the Secretary and the Secretary of the department in which the Coast 

Guard is operating, issue a citation to the owner or operator of 

such vessel in lieu of proceeding under subsection (b). If a permit 

has been issued pursuant to this Act for such vessel, such officer 

shall note the issuance of any citation under this subsection, including the date thereof and the reason therefor, on the permit. 

The Secretary shall maintain a record of all citations issued pursuant to this subsection. 

ø(d) UNITED STATES DISTRICT COURT JURISDICTION.—The district 

courts of the United States shall have exclusive jurisdiction over 

any case or controversy arising under this Act. Any such court 

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. 

ø(e) WITNESSES; RECORDS AND FILES.—When requested by the 

appropriate authorities of Canada, officers or employees of the 

Coast Guard, the National Oceanic and Atmospheric Administration or any other agency of the United States may be directed to 

attend as a witness, and to produce such available records and files 

or duly certified copies thereof as may be necessary for the prosecution in Canada of any violation of the Convention or any Canadian 

law relating to the enforcement thereof. 

ø(f) INVESTIGATIONS BY SECRETARY OF COMMERCE; POWERS; 

PROCESS.— 

ø(1) In cooperation with such other agencies as may be appropriate, the Secretary may conduct or cause to be conducted 

such law enforcement investigations as are deemed necessary 

to carry out the purposes of this Act. 

ø(2) For the purpose of all investigations which, in the opinion of the Secretary, are necessary and proper for the enforcement of this Act, the Secretary or any officer designated by 

him is empowered to administer oaths and affirmations, subpena witnesses, take evidence, and require the production of 

any books, papers, or other documents which the Secretary 

deems relevant or material to the inquiry. Such attendance of 

witnesses and the production of such documentary evidence 

may be required from any place in the United States at any 

designated place or hearing. 

ø(3) Process of the Secretary may be served by anyone duly 

authorized by him either— 

ø(A) by delivering a copy thereof to the individual to be 

served, or to a member of the partnership to be served, or 

the president, secretary, or other executive officer or a director of the corporation to be served; or the agent designated for service of process; 


smartinez on PROD1PC64 with REPORTS
21 

ø(B) by leaving a copy thereof at the residence or the 

principal office or place of business of such individual, 

partnership, or corporation; or 

ø(C) by mailing a copy thereof by registered or certified 

mail addressed to such individual, partnership, or corporation at his or its residence or principal office or place of 

business. The verified return by the individual so serving 

such complaint, order, or other process setting forth the 

manner of service shall be proof of same, and the returned 

post office receipt for such complaint, order, or other process mailed by registered or certified mail shall be proof of 

the service of the same.¿ 

(b) ADMINISTRATION AND ENFORCEMENT.—This Act shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

TUNA CONVENTIONS ACT OF 1950 

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 InterAmerican 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. 


smartinez on PROD1PC64 with REPORTS
22 

(2) COMMISSION.—The term ‘‘Commission’’ means the InterAmerican Tropical Tuna Commission provided for by the Convention. 

(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) IMPORT.—The term ‘‘import’’ means to land on, bring into, 

or introduce into, or attempt to land on, bring into, or introduce 

into, any place subject to the jurisdiction of the United States, 

whether or not such landing, bringing, or introduction constitutes an importation within the meaning of the customs laws 

of the United States. 

(5) PERSON.—The term ‘‘person’’ means an individual, partnership, corporation, or association subject to the jurisdiction of 

the United States. 

(6) UNITED STATES.—The term ‘‘United States’’ includes all 

areas under the sovereignty of the United States. 

(7) U.S. COMMISSIONERS.—The term ‘‘U.S. commissioners’’ 

means the members of the commission. 

(8) U.S. SECTION.—The term ‘‘U.S. section’’ means the U.S. 

Commissioners to the Commission and a designee of the Secretary of State. 

øSEC. 3. COMMISSIONERS; NUMBER; APPOINTMENT; 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) COMMISSONERS.—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 pleasVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00024 Fmt 6659 Sfmt 6603 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
23 

ure 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, one of whom shall be an officer 

or employee of the Department of Commerce, 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. Not more than 2 Commissioners may be appointed who reside in a State other than a 

State whose vessels maintain a substantial fishery in the area of the 

Convention. 

(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in consultation with the Secretary, may designate from time to time and 

for periods of time deemed appropriate Alternate United States 

Commissioners to the Commission. Any Alternate United States 

Commissioner may exercise, at any meeting of the Commission or 

of the General Advisory Committee or Scientific Advisory Subcommittee established pursuant to section 4(b), all powers and duties of a United States Commissioner in the absence of any 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 such Commissioners, other than officers or employees of the United States 

Government, shall be considered to be Federal employees while 

performing such service, only for purposes of— 

(A) injury compensation as provided in chapter 81 of title 

5, United States Code, and tort claims liability under chapter 171 of title 28, United States Code; 

(B) the Ethics in Government Act of 1978 (5 U.S.C. App.) 

and the provisions of chapter 11 of title 18, United States 

Code; and 

(C) any other statute or regulation governing the conduct 

of Federal employees. 

Notwithstanding subparagraph (B), section 208(a) of title 18, 

United States Code, shall not apply to such an individual if, 

after review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978 (5 

U.S.C. App.), the Secretary of Commerce, or his designee, certifies in writing that the need for the individual’s services outweighs the potential for a conflict of interest created by the financial interest involved.’’; 

(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 such 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 IATTC and 

other meetings the Secretary deems necessary to fulfill their 


smartinez on PROD1PC64 with REPORTS
24 

duties, in accordance with the Federal Travel Regulations 

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

title 5, United States Code. 

(B) The Secretary may reimburse the Secretary of State 

for amounts expended by the Secretary of State under this 

subsection. 

SEC. 4. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 

SUBCOMMITTEE. 

[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 

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) 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 U.S. delegation 

to the Commission and its working groups to the extent the 

Commission rules and space for delegations allow. 

(B) The chair of the Pacific Fishery Management Council’s Advisory Subpanel for Highly Migratory Fisheries and 

the chair of the Western Pacific Fishery Management Council’s Advisory Committee shall be members of the General 

Advisory Committee by virtue of their positions in those 

Councils; 

(C) Each member of the General Advisory Committee appointed under subparagraph (A) shall serve for a term of 

3 years and is eligible for reappointment. 

(D) The General Advisory Committee shall be invited to 

attend all non-executive meetings of the United States Section and at such meetings shall be given opportunity to examine and to be heard on all proposed programs of invesVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00026 Fmt 6659 Sfmt 6603 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
25 

tigation, reports, recommendations, and regulations of the 

Commission. 

(E) The General Advisory Committee shall determine its 

organization, and prescribe its practices and procedures for 

carrying out its functions under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 

U.S.C. 1801 et seq.), and the Convention. The General Advisory Committee shall publish and make available to the 

public a statement of its organization, practices and procedures. Meetings of the General Advisory Committee, except 

when in executive session, shall be open to the public, and 

prior notice of meetings shall be made public in timely 

fashion. The General Advisory Committee shall not be subject to the Federal Advisory Committee Act (5 U.S.C. App.). 

(2) INFORMATION SHARING.—The Secretary and the Secretary 

of State shall furnish the General Advisory Committee with relevant information concerning fisheries and international fishery 

agreements. 

(3) ADMINISTRATIVE MATTERS.— 

(A) The Secretary shall provide to the General Advisory 

Committee in a timely manner such administrative and 

technical support services as are necessary for its effective 

functioning. 

(B) Individuals appointed to serve as a member of the 

General Advisory Committee— 

(i) shall serve without pay, but while away from 

their homes or regular places of business to attend 

meetings of the General Advisory Committee shall be 

allowed travel expenses, including per diem in lieu of 

subsistence, in the same manner as persons employed 

intermittently in the Government service are allowed 

expenses under section 5703 of title 5, United States 

Code; and 

(ii) shall be considered Federal employees while performing service as members of the General Advisory 

Committee only for purposes of— 

(I) injury compensation as provided in chapter 

81 of title 5, United States Code, and tort claims 

liability under chapter 171 of title 28, United 

States Code; 

(II) the Ethics in Government Act of 1978 (5 

U.S.C. App.) and the provisions of chapter 11 of 

title 18, United States Code; and 

(III) any other statute or regulation governing 

the conduct of Federal employees. 

Notwithstanding subclause (II), section 208(a) of title 

18, United States Code, shall not apply to such an individual if, after review of the financial disclosure report filed by the individual pursuant to the Ethics in 

Government Act of 1978 (5 U.S.C. App.), the Secretary 

of Commerce, or his designee, certifies in writing that 

the need for the individual’s services outweighs the potential for a conflict of interest created by the financial 

interest involved. 

ø(b) FUNCTIONS.— 


smartinez on PROD1PC64 with REPORTS
26 

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 COMMITTEE.—(1) The Secretary, in consultation with the Secretary of State, shall appoint a Scientific Advisory Subcommittee of not less than 5 nor more than 15 qualified 

scientists with balanced representation from the public and private 

sectors, including nongovernmental conservation organizations. 

(2) SCIENTIFIC ADVISORY SUBCOMMITTEE.— 

(A) ADVICE.—The Scientific Advisory Subcommittee shall advise the General Advisory Committee and the Commissioners 

on matters including— 

(i) the conservation of ecosystems; 

(ii) the sustainable uses of living marine resources related to the tuna fishery in the eastern Pacific Ocean; and 

(iii) the long-term conservation and management of 

stocks of living marine resources in the eastern tropical 

Pacific Ocean. 

(B) OTHER FUNCTIONS AND ASSISTANCE.—The Scientific Advisory Subcommittee shall, as requested by the General Advisory 

Committee, the United States Commissioners, or the Secretary, perform functions and provide assistance required by 

formal agreements entered into by the United States for this 

fishery, including the International Dolphin Conservation Program. These functions may include— 

(i) the review of data from the Program, including data 

received from the Inter-American Tropical Tuna Commission; 

(ii) recommendations on research needs, including ecosystems, fishing practices, and gear technology research, 

including the development and use of selective, environmentally safe and cost-effective fishing gear, and on the coordination and facilitation of such research; 

(iii) recommendations concerning scientific reviews and 

assessments required under the Program and engaging, as 

appropriate, in such reviews and assessments; 

(iv) consulting with other experts as needed; and 

(v) recommending measures to assure the regular and 

timely full exchange of data among the parties to the Program and each nation’s National Scientific Advisory Committee (or its equivalent). 

(3) ATTENDANCE AT MEETINGS.—The Scientific Advisory Subcommittee shall be invited to have representatives attend all nonexecutive meetings of the United States sections and the General 

Advisory Subcommittee 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 


smartinez on PROD1PC64 with REPORTS
27 

Tuna Commission in accordance with the rules of such Commission. 

øSEC. 6. SECRETARY OF STATE TO ACT FOR UNITED STATES.¿ 

SEC. 6. RULEMAKING. 

[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 

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.¿ 

(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 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 

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. 

(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 


smartinez on PROD1PC64 with REPORTS
28 

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 

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 


smartinez on PROD1PC64 with REPORTS
29 

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. 

øSEC. 8. VIOLATIONS; FINES AND FORFEITURES; APPLICATION OF RELATED LAWS. 

[16 U.S.C. 957] 

ø(a) It shall be unlawful for any master or other person in charge 

of a fishing vessel of the United States to engage in fishing in violation of any regulation adopted pursuant to section 6(c) of this Act, 

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 or for 

any person to make or submit any false record, account, or label 

for, or any false identification of, any fish or fish product which has 

been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce. 

ø(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. 

ø(c) It shall be unlawful for any person to import, in violation of 

any regulation adopted pursuant to section 6(c) 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 tuna 

in any form not under regulation, but under investigation by the 

commission, during the period such fish have been denied entry in 

accordance with the provisions of section 6(c) of this Act. In the 

case of any fish as described in this subsection offered for entry 

into the United States, the Secretary of the Interior shall require 

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

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

ø(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. 

ø(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. 

ø(f) Any person violating any provision of subsection (c) of this 

section shall be fined not more than $100,000. 


smartinez on PROD1PC64 with REPORTS
30 

ø(g) All fish taken or retained in violation of subsection (a) of this 

section, or the monetary value thereof, may be forfeited. 

ø(h) All provisions of law relating to the seizure, judicial forfeiture, and condemnation of a cargo for violation of the customs 

laws, the disposition of such cargo or the proceeds from the sale 

thereof, and the remission or mitigation of such forfeitures shall 

apply to seizures and forfeitures incurred, or alleged to have been 

incurred, under the provisions of this Act, insofar as such provisions of law are applicable and not inconsistent with the provisions 

of this Act. 

SEC. 8. PROHIBITED ACTS. 

It is unlawful for any person— 

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

or permit issued pursuant to this Act; 

(2) 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; 

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

provisions of this Act (as provided for in section 10) 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 Act or any regulation, permit, 

or the Convention; 

(4) to forcibly assault, resist, oppose, impede, intimidate, sexually harass, bribe, or interfere with any such authorized officer 

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

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

(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 Act 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 act prohibited by this section; 

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

information regarding any matter that the Secretary is considering in the course of carrying out this Act; 

(9) 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; 

(10) to engage in fishing in violation of any regulation adopted pursuant to section 6(c) of this Act; 

(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 Act 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; 


smartinez on PROD1PC64 with REPORTS
31 

(14) to import, in violation of any regulation adopted pursuant to section 6(c) of this Act, 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 6(c) of this Act, unless 

such person provides such proof as the Secretary of Commerce 

may require that a fish described in this paragraph offered for 

entry into the United States is not ineligible for such entry 

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

øSEC. 10. ENFORCEMENT. 

[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. 


smartinez on PROD1PC64 with REPORTS
32 

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 

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. 

This Act shall be enforced under section 101 of the International 

Fisheries Stewardship and Enforcement Act. 

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. 

ATLANTIC TUNAS CONVENTION ACT OF 1975 

SEC. 6. ADMINISTRATION. 

[16 U.S.C. 971d] 

(a) REGULATIONS; COOPERATION WITH OTHER PARTIES TO CON- VENTION; UTILIZATION OF PERSONNEL, SERVICES, AND FACILITIES FOR

ENFORCEMENT.—The Secretary is authorized and directed to administer and enforce all of the provisions of the Convention, this 

Act, and regulations issued pursuant thereto, except to the extent 

otherwise provided for in this Act. In carrying out such functions 

the Secretary is authorized and directed to adopt such regulations 

as may be necessary to carry out the purposes and objectives of the 

Convention and this Act, and with the concurrence of the Secretary 


smartinez on PROD1PC64 with REPORTS
33 

of State, he may cooperate with the duly authorized officials of the 

government of any party to the Convention. In addition, the Secretary may utilize, with the concurrence of the Secretary of the department in which the Coast Guard is operating insofar as such 

utilization involves enforcement at sea, with or without reimbursement and by agreement with any other Federal department or 

agency, or with any agency of any State, the personnel, services, 

and facilities of that agency for enforcement purposes with respect 

to any vessel in the exclusive economic zone, or wherever found, 

with respect to any vessel documented under the laws of the 

United States, and any vessel numbered or otherwise licensed 

under the laws of any State. When so utilized, such personnel of 

the States of the United States are authorized to function as Federal law enforcement agents for these purposes, but they shall not 

be held and considered as employees of the United States for the 

purposes of any laws administered by the Civil Service Commission. 

(b) PRIMARY ENFORCEMENT RESPONSIBILITY.—Enforcement activities at sea under the provisions of this Act for fishing vessels subject to the jurisdiction of the United States shall be primarily the 

responsibility of the Secretary of the department in which the 

Coast Guard is operating, in cooperation with the Secretary and 

the United States Customs Service. The Secretary after consultation with the Secretary of the department in which the Coast 

Guard is operating, shall adopt such regulations as may be necessary to provide for procedures and methods of enforcement pursuant to article IX of the Convention. 

(c) REGULATIONS AND OTHER MEASURES TO CARRY OUT COMMISSION 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) submission¿ the presentation of written data, views, or øarguments, and (B) oral presentation at a 

public hearing. Such¿ written or oral statements at a public 

hearing. After consideration of such presentations, the regulaVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00035 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
34 

tions 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) The Secretary may issue final regulations to implement 

Commission recommendations referred to in paragraph (1) of 

this subsection concerning trade restrictive measures against 

nations or fishing entities without regard to the requirements of 

subparagraph (A) of this paragraph and subsections (b) and (c) 

of section 553 of title 5, United States Code. 

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

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

(B) divide the Convention waters into areas; 

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

each such area; 

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

which may be taken from each area within any season 

during which fishing is allowed; 

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

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

by vessels or persons fishing for other species of fish; 

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

(G) require such clearance certificates for vessels as may 

be necessary to carry out the purposes of the Convention 

and this Act; 

(H) require proof satisfactory to the Secretary that any 

fish subject to regulation pursuant to a recommendation of 

the Commission offered for entry into the United States 

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

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

(I) require any commercial or recreational fisherman to 

obtain a permit from the Secretary and report the quantity 

of the catch of a regulated species; 

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


smartinez on PROD1PC64 with REPORTS
35 

(K) impose such other requirements and provide for such 

other measures as the Secretary may determine necessary 

to implement any recommendation of the Convention or to 

obtain scientific data necessary to accomplish the purpose 

of the Convention; 

except that no regulation promulgated under this section may 

have the effect of increasing or decreasing any allocation or 

quota of fish or fishing mortality level to the United States 

agreed to pursuant to a recommendation of the Commission. 

(4) Upon the promulgation of regulations provided for in 

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

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

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

of those species which are subject to regulation pursuant 

to a recommendation of the Commission and which were 

taken from the Convention area in such manner or in such 

circumstances as would tend to diminish the effectiveness 

of the conservation recommendations of the Commission; 

and 

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

when the vessels of such country are being used in the 

conduct of fishing operations in the Convention area in 

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

from the Convention area. 

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

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

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

any form from such country of other species covered by the 

Convention as may be under investigation by the Commission 

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

condition warranting the prohibition no longer exists, except 

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

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

(6) IDENTIFICATION AND NOTIFICATION.— 

(A) Not later than July 1, 1996, and annually thereafter, 

the Secretary, in consultation with the Secretary of State, 

the Commissioners, and the advisory committee, shall— 

(i) identify those nations whose fishing vessels are 

fishing, or have fished during the preceding calendar 

year, within the convention area in a manner or under 

circumstances that diminish the effectiveness of a conservation recommendation; 


smartinez on PROD1PC64 with REPORTS
36 

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

including an explanation of the reasons therefor; and 

(iii) publish a list of those Nations identified under 

clause (i). 

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

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

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

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

of obtaining an agreement that will— 

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

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

of the conservation recommendation; 

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

vessels of that Nation, to mitigate the negative impacts of 

fishing operations on the effectiveness of the conservation 

recommendation involved, including but not limited to, the 

imposition of subsequent-year deductions for quota overages; and 

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

that are adequate to ensure the effectiveness of conservation recommendations. 

(d) COMMISSION RECOMMENDATIONS CONCERNING LARGE-SCALE

DRIFTNET FISHING AND CONSERVATION OF ATLANTIC AWORDFISH.— 

(1) It is the sense of the Congress that the Secretary, in consultation with the Secretary of State, should seek support for 

a recommendation by the Commission to ban large-scale 

driftnet fishing (as that term is defined in section 3(16) of the 

Magnuson-Stevens Fishery Conservation and Management 

Act) in the Convention area. 

(2) The Secretary, in consultation with the Secretary of 

State, shall request the Commission to adopt recommendations 

necessary for the conservation and management of Atlantic 

swordfish. In making the request, the Secretary shall seek the 

establishment of an international minimum harvest size and a 

reduction in harvest levels to the extent necessary to conserve 

the stock. Until the Commission adopts all the conservation 

and management measures requested by the Secretary, the 

Secretary, within 3 months after each annual meeting of the 

Commission, shall notify Congress as to the nature and results 

of his request. These notifications shall identify those nations 

not acting to conserve and manage Atlantic swordfish, and recommend measures which could be taken to achieve effective 

international conservation and management of the stock. 

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

[16 U.S.C. 971e] 

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


smartinez on PROD1PC64 with REPORTS
37 

(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. 

(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.¿ 

(e) MISLABELING.—It shall be unlawful for any person to make or 

submit any false record, account, or label for, or any false identification of, any fish or fish product which has been, or is intended to 

be, imported, exported, transported, sold, offered for sale, purchased 

or received in interstate or foreign commerce. 

ø(g)¿ (f) 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 


smartinez on PROD1PC64 with REPORTS
38 

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 

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.¿ 

ø(b) INTERNATIONAL ENFORCEMENT.—¿This Act shall be enforced 

under section 101 of the International Fisheries Stewardship and 

Enforcement Act. 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 

øshall have the authority to carry out the enforcement activities 

specified in section 8(a) of this Act¿ shall enforce this Act 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 øshall have the authority to carry out the enforcement activities specified in section 8(a) of this Act¿ shall enforce 

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 


smartinez on PROD1PC64 with REPORTS
39 

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 

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.¿ 

øEASTERN PACIFIC TUNA LICENSING ACT OF 1984 

øSECTION 1. SHORT TITLE. 

øThis Act may be cited as the ‘‘Eastern Pacific Tuna Licensing 

Act of 1984’’. 

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 


smartinez on PROD1PC64 with REPORTS
40 

latitude to 20 degrees north latitude by 120 degrees west longitude, thence southerly along the meridian of 120 degrees 

west longitude to 5 degrees north latitude by 120 degrees west 

longitude, thence easterly along the parallel of 5 degrees north 

latitude to 5 degrees north latitude by 110 degrees west longitude, thence southerly along the meridian of 110 degrees 

west longitude to 10 degrees south latitude by 110 degrees 

west longitude, thence easterly along the parallel of 10 degrees 

south latitude to 10 degrees south latitude by 90 degrees west 

longitude, thence southerly along the meridian of 90 degrees 

west longitude to 30 degrees south latitude by 90 degrees west 

longitude, thence easterly along the parallel of 30 degrees 

south latitude to the point on the mainland where the parallel 

intersects the coast; but the Agreement Area does not include 

the zones within twelve nautical miles of the baseline from 

which the breadth of territorial sea is measured and the zones 

within two hundred nautical miles of the baselines of Coastal 

States not signatories to the Agreement, measured from the 

same baseline. 

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 IndoPacific 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 inVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00042 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
41 

dividual is entitled to travel expenses, including per diem in lieu 

of subsistence, in the same manner as individuals employed intermittently in Government service are allowed expenses under section 5703(b) of title 5 of the United States Code. 

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; 


smartinez on PROD1PC64 with REPORTS
42 

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; 

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. 


smartinez on PROD1PC64 with REPORTS
43 

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. 

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.¿ 

SOUTH PACIFIC TUNA ACT OF 1988 

SEC. 5. PROHIBITED ACTS. 

[16 U.S.C. 973c] 

(a) Except as provided in section 6 of this Act, it is unlawful for 

any person subject to the jurisdiction of the United States— 


smartinez on PROD1PC64 with REPORTS
44 

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

order issued pursuant to this Act; 

(2) to use a vessel for fishing in violation of an applicable national law; 

(3) who has entered into a fishing arrangement under paragraph 3 of Article 3 of the Treaty, to violate the terms and conditions of such fishing arrangement if the Secretary of State 

has decided under section 18 of this Act that Article 4 and 

paragraph 6 of Article 5 of the Treaty shall apply to the arrangement; 

(4) to use a vessel for fishing in any Limited Area in violation of any requirement in Schedule 3 of Annex I of the Treaty; 

(5) to use a vessel for fishing in any Closed Area; 

(6) to falsify any information required to be reported, notified, communicated, or recorded pursuant to a requirement of 

this Act, or to fail to submit any required information, or to fail 

to report to the Secretary immediately any change in circumstances which has the effect of rendering any such information false, incomplete, or misleading; 

(7) to intentionally destroy evidence which could be used to 

determine if a violation of this Act or the Treaty has occurred; 

(8) to refuse to permit any Authorized Officer or Authorized 

Party Officer to board a fishing vessel for purposes of conducting a øsearch or inspection¿ search, investigation, or inspection in connection with the enforcement of this Act or the 

Treaty; 

(9) to refuse to comply with the instructions of an Authorized 

Officer or Authorized Party Officer relating to fishing activities 

under the Treaty; 

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

interfere with— 

(A) any Authorized Officer or Authorized Party Officer in 

the conduct of a øsearch or inspection¿ search, investigation, or inspection in connection with the enforcement of 

this Act or the Treaty; or 

(B) an observer in the conduct of observer duties under 

the Treaty; 

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

section; 

(12) 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; 

øor¿ 

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

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

taken or retained in violation of this Act or any regulation, permit, or the Treaty, with the knowledge that the fish were so 

taken or øretained.¿ retained; or 

(14) for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish 

product (including false identification of the harvesting nation 

or the ocean where harvested) which has been, or is intended 

to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce. 


smartinez on PROD1PC64 with REPORTS
45 

(b) Except as provided in section 6 of this Act, it is unlawful for 

any person subject to the jurisdiction of the United States when in 

the Licensing Area— 

(1) to use a vessel to fish unless validly licensed as required 

by the Administrator; 

(2) to use a vessel for directed fishing for southern bluefin 

tuna or for fishing for any kinds of fish other than tunas, except that fish may be caught as an incidental by-catch; 

(3) to use a vessel for fishing by any method other than the 

purse-seine method; 

(4) to use any vessel to engage in fishing after the revocation 

of its license, or during the period of suspension of an applicable license; 

(5) to operate a vessel in such a way as to disrupt or in any 

other way adversely affect the activities of traditional and locally based fishermen and fishing vessels; 

(6) to use a vessel to fish in a manner inconsistent with an 

order issued by the Secretary under section 11 of this Act; or 

(7) except for circumstances involving force majeure and 

other emergencies involving the health or safety of crew members or the safety of the vessel, to use an aircraft in association 

with the fishing activities of a vessel unless it is identified in 

the license application for the vessel, or any amendment thereto. 

øSEC. 7. CRIMINAL OFFENSES. 

[16 U.S.C. 973e] 

ø(a) PROHIBITED ACTS.—A person is guilty of a criminal offense 

if he or she commits any act prohibited by section 5(a)(8), (10), (11), 

or (12) of this Act. 

ø(b) SENTENCE AND FINE.—Any offense described in subsection (a) of this section is punishable by a fine of not more than $ 50,000, 

or imprisonment for not more than 6 months, or both; except that 

if in the commission of any such offense the person uses a dangerous weapon, engages in conduct that causes bodily injury to any 

Authorized Officer, Authorized Party Officer, or observer under the 

Treaty in the conduct of their duties, or places any such Authorized 

Officer, Authorized Party Officer, or observer in fear of imminent 

bodily injury, the offense is punishable by a fine of not more than 

$ 100,000 or imprisonment for not more than 10 years, or both. 

ø(c) JURISDICTION.—The district courts of the United States shall 

have jurisdiction over any offense described in this section. 

øSEC. 8. CIVIL PENALTIES. 

[16 U.S.C. 973f] 

ø(a) DETERMINATION OF LIABILITY; AMOUNT; PARTICIPATION BY

SECRETARY OF STATE IN ASSESSMENT PROCEEDING.Any person who 

is found by the Secretary, after notice and an opportunity for a 

hearing in accordance with section 554 of title 5, United States 

Code, to have committed an act prohibited by section 5 of this Act, 

shall be liable to the United States for a civil penalty. Before 

issuing a notice of violation, the Secretary shall consult with the 

Secretary of State. The amount of the civil penalty shall be determined in accordance with considerations set forth in the Treaty 

and shall take into account the nature, circumstances, extent, and 

gravity of the prohibited acts committed, and with respect to the 


smartinez on PROD1PC64 with REPORTS
46 

violator, the degree of culpability, any history of prior offenses, 

ability to pay, and such other matters as justice may require. Except for those acts prohibited by section 5(a) (4), (5), (7), (8), (10), 

(11), and (12), and section 5(b)(1), (2), (3), and (7) of this Act, the 

amount of the civil penalty shall not exceed $250,000 for each violation. Upon written notice, the Secretary of State shall have the 

right to participate in any proceeding initiated to assess a civil penalty for violation of this Act. 

ø(b) JUDICIAL REVIEW OF ASSESSMENT; PROCEDURES APPLICA- BLE.—Any person against whom a civil penalty is assessed under 

subsection (a) of this section may obtain review thereof in the 

United States district court for the appropriate district by filing a 

complaint in such court within 30 days from the date of the order 

and by simultaneously serving a copy of the complaint by certified 

mail on the Secretary, the Attorney General of the United States, 

and the appropriate United States Attorney. The Secretary shall 

promptly file in the court a certified copy of the record upon which 

the violation was found or the penalty imposed. The findings and 

order of the Secretary shall be set aside or modified by the court 

if they are not found to be supported by substantial evidence, as 

provided in section 706(2) of title 5, United States Code. 

ø(c) FAILURE TO PAY ASSESSMENT OF CIVIL PENALTY; RECOVERY

BY ATTORNEY GENERAL.—Except as provided in subsection (g) of 

this section, if any person fails to pay an assessment of a civil penalty after it has become a final and unappealable order, or after the 

appropriate court has entered final judgment in favor of the Secretary, the Secretary shall refer the matter to the Attorney General 

of the United States, who shall recover the amount assessed in any 

appropriate district court of the United States. 

ø(d) IN REM LIABILITY FOR CIVIL PENALTY; JURISDICTION; MARI- TIME LIEN ON VESSEL.—Except as provided in subsection (g) of this 

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

prohibited by section 5 of this Act shall be liable in rem for any 

civil penalty assessed for the violation under section 8 of this Act 

[this section] and may be proceeded against in any district court of 

the United States having jurisdiction thereof. The penalty shall 

constitute a maritime lien on the vessel which may be recovered in 

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

jurisdiction over the vessel. 

ø(e) COMPROMISE, ETC., OF CIVIL PENALTY.—The Secretary, after 

consultation with the Secretary of State, may compromise, modify, 

or remit, with or without conditions, any civil penalty which is subject to imposition or which has been imposed under this section. 

ø(f) CONDUCT OF HEARINGS.—For the purposes of conducting any 

hearing under this section, the Secretary may issue subpoenas for 

the attendance and testimony of witnesses and the production of 

relevant papers, books, and documents, and may administer oaths. 

Witnesses summoned shall be paid the same fees and mileage that 

are paid to witnesses in the courts of the United States. In case 

of contempt or refusal to obey a subpoena served upon a person 

pursuant to this subsection, the district court of the United States 

for any district in which the person is found, resides, or transacts 

business, upon application by the United States and after notice to 

the person, shall have jurisdiction to issue an order requiring the 


smartinez on PROD1PC64 with REPORTS
47 

person to appear and give testimony before the Secretary or to appear and produce documents before the Secretary, or both, and any 

failure to obey the order of the court may be punished by the court 

as a contempt thereof. 

ø(g) WAIVER OF REFERRAL TO ATTORNEY GENERAL.—If a vessel 

used in a violation of section 5(a)(1), (2), (3), (4), (5), (6), (7), (8), 

(9), or (13) or section 5(b) of this Act for which a civil penalty has 

been assessed— 

ø(1) had a valid license under the Treaty at the time of the 

violation, and 

ø(2) within 60 days after the penalty assessment has become 

final, leaves and remains outside of the Licensing Area, all 

Limited Areas closed to fishing, and all Closed Areas until the 

final penalty has been paid, 

there shall be no referral to the Attorney General under subsection 

(c) of this section or in rem action under subsection (d) of this section in connection with such civil penalty.¿ 

SEC. 7. ADMINISTRATION AND ENFORCEMENT. 

This Act shall be enforced under section 101 of the International 

Fisheries Stewardship and Enforcement Act. 

SEC. 20. AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 973r] 

(a) There are authorized to be appropriated for fiscal years 

ø1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 

2002,¿ 2009 through 2013 such sums as may be necessary for carrying out the purposes and provisions of the Treaty and this Act 

including— 

(1) for fiscal years ø1992, 1993, 1994, 1995, 1996, 1997, 1998, 

1999, 2000, 2001, and 2002,¿ 2009 through 2013 an amount 

not to exceed $350,000 annually to the Department of Commerce for administrative expenses; and 

(2) for fiscal years ø1992, 1993, 1994, 1995, 1996, 1997, 1998, 

1999, 2000, 2001, and 2002,¿ 2009 through 2013 an amount 

not to exceed $50,000 annually to the Department of State for 

administrative expenses. 

(b) Funds appropriated for the purposes of the Treaty may be 

used notwithstanding any of the provisions of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) or of any appropriations 

Act that imposes restrictions on the maintenance or use of cash 

transfer assistance, which are inconsistent with the provisions of 

the Treaty. 

DOLPHIN PROTECTION CONSUMER INFORMATION ACT 

[Section 901 of the Fishery Conservation Amendments Act of 1990] 

SEC. 901. DOLPHIN PROTECTION. 

[16 U.S.C. 1385] 

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

(b) FINDINGS.—The Congress finds that— 

(1) dolphins and other marine mammals are frequently killed 

in the course of tuna fishing operations in the eastern tropical 

Pacific Ocean and high seas driftnet fishing in other parts of 

the world; 


smartinez on PROD1PC64 with REPORTS
48 

(2) it is the policy of the United States to support a worldwide ban on high seas driftnet fishing, in part because of the 

harmful effects that such driftnets have on marine mammals, 

including dolphins; and 

(3) consumers would like to know if the tuna they purchase 

is falsely labeled as to the effect of the harvesting of the tuna 

on dolphins. 

(c) DEFINITIONS.—For purposes of this section— 

(1) the terms ‘‘driftnet’’ and ‘‘driftnet fishing’’ have the meanings given those terms in section 4003 of the Driftnet Impact 

Monitoring, Assessment, and Control Act of 1987 (16 U.S.C. 

1822 note); 

(2) the term ‘‘eastern tropical Pacific Ocean’’ means the area 

of the Pacific Ocean bounded by 40 degrees north latitude, 40 

degrees south latitude, 160 degrees west longitude, and the 

western coastlines of North, Central, and South America; 

(3) the term ‘‘label’’ means a display of written, printed, or 

graphic matter on or affixed to the immediate container of any 

article; 

(4) the term ‘‘Secretary’’ means the Secretary of Commerce; 

and 

(5) the term ‘‘tuna product’’ means a food item which contains tuna and which has been processed for retail sale, except 

perishable sandwiches, salads, or other products with a shelf 

life of less than 3 days. 

(d) LABELING STANDARD.— (1) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) for any producer, importer, exporter, 

distributor, or seller of any tuna product that is exported from 

or offered for sale in the United States to include on the label 

of that product the term ‘‘dolphin safe’’ or any other term or 

symbol that falsely claims or suggests that the tuna contained 

in the product were harvested using a method of fishing that 

is not harmful to dolphins if the product contains tuna harvested— 

(A) on the high seas by a vessel engaged in driftnet fishing; 

(B) outside the eastern tropical Pacific Ocean by a vessel 

using purse seine nets— 

(i) in a fishery in which the Secretary has determined that a regular and significant association occurs 

between dolphins and tuna (similar to the association 

between dolphins and tuna in the eastern tropical Pacific Ocean), unless such product is accompanied by a 

written statement, executed by the captain of the vessel and an observer participating in a national or 

international program acceptable to the Secretary, certifying that no purse seine net was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna were caught and no 

dolphins were killed or seriously injured in the sets in 

which the tuna were caught; or 

(ii) in any other fishery (other than a fishery described in subparagraph (D)) unless the product is accompanied by a written statement executed by the 


smartinez on PROD1PC64 with REPORTS
49 

captain of the vessel certifying that no purse seine net 

was intentionally deployed on or used to encircle dolphins during the particular voyage on which the tuna 

was harvested; 

(C) in the eastern tropical Pacific Ocean by a vessel 

using a purse seine net unless the tuna meet the requirements for being considered dolphin safe under paragraph 

(2); or 

(D) by a vessel in a fishery other than one described in 

subparagraph (A), (B), or (C) that is identified by the Secretary as having a regular and significant mortality or serious injury of dolphins, unless such product is accompanied by a written statement executed by the captain of 

the vessel and an observer participating in a national or 

international program acceptable to the Secretary that no 

dolphins were killed or seriously injured in the sets or 

other gear deployments in which the tuna were caught, 

provided that the Secretary determines that such an observer statement is necessary. 

(2) For purposes of paragraph (1)(C), a tuna product that 

contains tuna harvested in the eastern tropical Pacific Ocean 

by a vessel using purse seine nets is dolphin safe if— 

(A) the vessel is of a type and size that the Secretary 

has determined, consistent with the International Dolphin 

Conservation Program, is not capable of deploying its 

purse seine nets on or to encircle dolphins; or 

(B)(i) the product is accompanied by a written statement 

executed by the captain providing the certification required under subsection (h); 

(ii) the product is accompanied by a written statement 

executed by— 

(I) the Secretary or the Secretary’s designee; 

(II) a representative of the Inter-American Tropical 

Tuna Commission; or 

(III) an authorized representative of a participating 

nation whose national program meets the requirements of the International Dolphin Conservation Program, 

which states that there was an observer approved by the 

International Dolphin Conservation Program on board the 

vessel during the entire trip and that such observer provided the certification required under subsection (h); and 

(iii) the statements referred to in clauses (i) and (ii) are 

endorsed in writing by each exporter, importer, and processor of the product; and 

(C) the written statements and endorsements referred to 

in subparagraph (B) comply with regulations promulgated 

by the Secretary which provide for the verification of tuna 

products as dolphin safe. 

(3)(A) The Secretary of Commerce shall develop an official 

mark that may be used to label tuna products as dolphin safe 

in accordance with this Act. 

(B) A tuna product that bears the dolphin safe mark developed under subparagraph (A) shall not bear any other label or 

mark that refers to dolphins, porpoises, or marine mammals. 


smartinez on PROD1PC64 with REPORTS
50 

(C) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to label a tuna product with any 

label or mark that refers to dolphins, porpoises, or marine 

mammals other than the mark developed under subparagraph 

(A) unless— 

(i) no dolphins were killed or seriously injured in the 

sets or other gear deployments in which the tuna were 

caught; 

(ii) the label is supported by a tracking and verification 

program which is comparable in effectiveness to the program established under subsection (f); and 

(iii) the label complies with all applicable labeling, marketing, and advertising laws and regulations of the Federal Trade Commission, including any guidelines for environmental labeling. 

(D) If the Secretary determines that the use of a label referred to in subparagraph (C) is substantially undermining the 

conservation goals of the International Dolphin Conservation 

Program, the Secretary shall report that determination to the 

United States Senate Committee on Commerce, Science, and 

Transportation and the United States House of Representatives Committees on Resources and on Commerce, along with 

recommendations to correct such problems. 

(E) It is a violation of section 5 of the Federal Trade Commission Act (15 U.S.C. 45) willingly and knowingly to use a 

label referred to in subparagraph (C) in a campaign or effort 

to mislead or deceive consumers about the level of protection 

afforded dolphins under the International Dolphin Conservation Program. 

(4) An act that is considered to be a violation of section 5 of 

the Federal Trade Commission Act under paragraph (1) is 

deemed also to be a violation of section 609 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j). 

(5) It is a violation of section 101 of the International Fisheries Stewardship and Enforcement Act for any person to assault, resist, oppose, impede, intimidate, or interfere with and 

authorized officer in the conduct of any search, investigation or 

inspection under this 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 

$100,000 assessed in an action brought in any appropriate district 

court of the United States on behalf of the Secretary.¿ 

(e) ENFORCEMENT.—This Act shall be enforced under section 101 

of the International Fisheries Stewardship and Enforcement Act. 

(f) REGULATIONS.—The Secretary, in consultation with the Secretary of the Treasury, shall issue regulations to implement this 

Act, including regulations to establish a domestic tracking and 

verification program that provides for the effective tracking of tuna 

labeled under subsection (d). In the development of these regulations, the Secretary shall establish appropriate procedures for ensuring the confidentiality of proprietary information the submission 

of which is voluntary or mandatory. The regulations shall address 

each of the following items: 


smartinez on PROD1PC64 with REPORTS
51 

(1) The use of weight calculation for purposes of tracking 

tuna caught, landed, processed, and exported. 

(2) Additional measures to enhance current observer coverage, including the establishment of criteria for training, and 

for improving monitoring and reporting capabilities and procedures. 

(3) The designation of well location, procedures for sealing 

holds, procedures for monitoring and certifying both above and 

below deck, or through equally effective methods, the tracking 

and verification of tuna labeled under subsection (d). 

(4) The reporting, receipt, and database storage of radio and 

facsimile transmittals from fishing vessels containing information related to the tracking and verification of tuna, and the 

definition of set. 

(5) The shore-based verification and tracking throughout the 

fishing, transshipment, and canning process by means of InterAmerican Tropical Tuna Commission trip records or otherwise. 

(6) The use of periodic audits and spot checks for caught, 

landed, and processed tuna products labeled in accordance 

with subsection (d). 

(7) The provision of timely access to data required under this 

subsection by the Secretary from harvesting nations to undertake the actions required in paragraph (6) of this paragraph. 

The Secretary may make such adjustments as may be appropriate 

to the regulations promulgated under this subsection to implement 

an international tracking and verification program that meets or 

exceeds the minimum requirements established by the Secretary 

under this subsection. 

(g) SECRETARIAL FINDINGS.— 

(1) Between March 1, 1999, and March 31, 1999, the Secretary shall, on the basis of the research conducted before 

March 1, 1999, under section 304(a) of the Marine Mammal 

Protection Act of 1972, information obtained under the International Dolphin Conservation Program, and any other relevant information, make an initial finding regarding whether 

the intentional deployment on or encirclement of dolphins with 

purse seine nets is having a significant adverse impact on any 

depleted dolphin stock in the eastern tropical Pacific Ocean. 

The initial finding shall be published immediately in the Federal Register and shall become effective upon a subsequent 

date determined by the Secretary. 

(2) Between July 1, 2001, and December 31, 2002, the Secretary shall, on the basis of the completed study conducted 

under section 304(a) of the Marine Mammal Protection Act of 

1972, information obtained under the International Dolphin 

Conservation Program, and any other relevant information, 

make a finding regarding whether the intentional deployment 

on or encirclement of dolphins with purse seine nets is having 

a significant adverse impact on any depleted dolphin stock in 

the eastern tropical Pacific Ocean. The finding shall be published immediately in the Federal Register and shall become 

effective upon a subsequent date determined by the Secretary. 

(h) CERTIFICATION BY CAPTAIN AND OBSERVER.— 

(1) Unless otherwise required by paragraph (2), the certification by the captain under subsection (d)(2)(B)(i) and the cerVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00053 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
52 

tification provided by the observer as specified in subsection 

(d)(2)(B)(ii) shall be that no dolphins were killed or seriously 

injured during the sets in which the tuna were caught. 

(2) The certification by the captain under subsection 

(d)(2)(B)(i) and the certification provided by the observer as 

specified under subsection (d)(2)(B)(ii) shall be that no tuna 

were caught on the trip in which such tuna were harvested 

using a purse seine net intentionally deployed on or to encircle 

dolphins, and that no dolphins were killed or seriously injured 

during the sets in which the tuna were caught, if the tuna 

were caught on a trip commencing— 

(A) before the effective date of the initial finding by the 

Secretary under subsection (g)(1); 

(B) after the effective date of such initial finding and before the effective date of the finding of the Secretary under 

subsection (g)(2), where the initial finding is that the intentional deployment on or encirclement of dolphins is 

having a significant adverse impact on any depleted dolphin stock; or 

(C) after the effective date of the finding under subsection (g)(2), where such finding is that the intentional 

deployment on or encirclement of dolphins is having a significant adverse impact on any such depleted stock. 

MARINE MAMMAL PROTECTION ACT 

SEC. 304. RESEARCH. 

[16 U.S.C. 1414a] 

(a) REQUIRED RESEARCH.— 

(1) IN GENERAL.—The Secretary shall, in consultation with 

the Marine Mammal Commission and the Inter-American 

Tropical Tuna Commission, conduct a study of the effect of intentional encirclement (including chase) on dolphins and dolphin stocks incidentally taken in the course of purse seine fishing for yellowfin tuna in the eastern tropical Pacific Ocean. 

The study, which shall commence on October 1, 1997, shall 

consist of abundance surveys as described in paragraph (2) and 

stress studies as described in paragraph (3), and shall address 

the question of whether such encirclement is having a significant adverse impact on any depleted dolphin stock in the eastern tropical Pacific Ocean. 

(2) POPULATION ABUNDANCE SURVEYS.—The abundance surveys under this subsection shall survey the abundance of such 

depleted stocks and shall be conducted during each of the calendar years 1998, 1999, and 2000. 

(3) STRESS STUDIES.—The stress studies under this subsection shall include— 

(A) a review of relevant stress-related research and a 3- 

year series of necropsy samples from dolphins obtained by 

commercial vessels; 

(B) a 1-year review of relevant historical demographic 

and biological data related to dolphins and dolphin stocks 

referred to in paragraph (1); and 


smartinez on PROD1PC64 with REPORTS
53 

(C) an experiment involving the repeated chasing and 

capturing of dolphins by means of intentional encirclement. 

(4) REPORT.—No later than 90 days after publishing the finding under subsection (g)(2) of the Dolphin Protection Consumer 

Information Act, the Secretary shall complete and submit a report containing the results of the research described in this 

subsection to the United States Senate Committee on Commerce, Science, and Transportation and the United States 

House of Representatives Committees on Resources and on 

Commerce, and to the Inter-American Tropical Tuna Commission. 

(b) OTHER RESEARCH.— 

(1) IN GENERAL.—In addition to conducting the research described in subsection (a), the Secretary shall, in consultation 

with the Marine Mammal Commission and in cooperation with 

the nations participating in the International Dolphin Conservation Program and the Inter-American Tropical Tuna Commission, undertake or support appropriate scientific research 

to further the goals of the International Dolphin Conservation 

Program. 

(2) SPECIFIC AREAS OF RESEARCH.—Research carried out 

under paragraph (1) may include— 

(A) projects to devise cost-effective fishing methods and 

gear so as to reduce, with the goal of eliminating, the incidental mortality and serious injury of marine mammals in 

connection with commercial purse seine fishing in the eastern tropical Pacific Ocean; 

(B) projects to develop cost-effective methods of fishing 

for mature yellowfin tuna without setting nets on dolphins 

or other marine mammals; 

(C) projects to carry out stock assessments for those marine mammal species and marine mammal stocks taken in 

the purse seine fishery for yellowfin tuna in the eastern 

tropical Pacific Ocean, including species or stocks not within waters under the jurisdiction of the United States; and 

(D) projects to determine the extent to which the incidental take of nontarget species, including juvenile tuna, 

occurs in the course of purse seine fishing for yellowfin 

tuna in the eastern tropical Pacific Ocean, the geographic 

location of the incidental take, and the impact of that incidental take on tuna stocks and nontarget species. 

(c) AUTHORIZATION OF APPROPRIATIONS.— 

(1) There are authorized to be appropriated to the Secretary 

the following amounts, to be used by the Secretary to carry out 

the research described in subsection (a): 

(A) $4,000,000 for fiscal year 1998. 

(B) $3,000,000 for fiscal year 1999. 

(C) $4,000,000 for fiscal year 2000. 

(D) $1,000,000 for fiscal year 2001. 

(E) $1,000,000 for each of fiscal years 2009 through 2013. 

(2) In addition to the amount authorized to be appropriated 

under paragraph (1), there are authorized to be appropriated 

to the Secretary for carrying out this section $3,000,000 for 

each of the fiscal years 1998, 1999, 2000, and 2001. 


smartinez on PROD1PC64 with REPORTS
54 

HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT ACT 

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 recognized principles of international law— 

(A) withhold or revoke the clearance required by section 

4197 of the Revised Statutes of the United States (46 App. 

U.S.C. 91) for any large-scale driftnet fishing vessel that is 

documented under the laws of the United States or of a 

nation included on a list published under paragraph (1); 

and 

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

States and to the navigable waters of the United States. 

(3) ADDITIONAL AUTHORITY.—The Secretary of Treasury is authorized, in accordance with international law, to undertake actions under paragraph (2)(A) and (B) with respect to fishing 

vessels engaged in illegal, unreported, or unregulated fishing. 

ø(3)¿ (4) 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 exclusive economic zone of any nation, the Secretary of Commerce shall— 

(i) identify that nation; and 


smartinez on PROD1PC64 with REPORTS
55 

(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 (1)(A); øor¿ 

(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 ønation.¿ nation; or 

(iii) upon receipt of notification of a negative certification under section 609(d)(1) or 610(c)(1) of the High 

Seas Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826j(d)(1) or 1826k(c)(1)) 

(B) IMPLEMENTATION OF PROHIBITION.—With respect to 

an import prohibition directed under subparagraph (A), 

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

the date on which the Secretary has received the direction 

from the President. 

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

date of any import prohibition under this paragraph, the 

Secretary of the Treasury shall provide public notice of the 

impending prohibition. 

(4) ADDITIONAL ECONOMIC SANCTIONS.— 

(A) Determination of effectiveness of sanctions.—Not 

later than six months after the date the Secretary of Commerce identifies a nation under paragraph (1), or after 

issuing a negative certification under section 609(d)(1) or 

610(c)(1) of the High Seas Driftnet Fishing Moratorium 

Protection Act (16 U.S.C. 1826j(d)(1) or 1826k(c)(1), the 

Secretary shall determine whether— 

ø(i) any prohibition established under paragraph (3) 

is insufficient to cause that nation to terminate largescale driftnet fishing or illegal, unreported, or unregulated fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation; or¿ 

(i) any prohibition established under paragraph (3) 

is insufficient to cause that nation— 

(I) to terminate large-scale driftnet fishing conducted by its nationals and vessels beyond the exclusive economic zone of any nation; 


smartinez on PROD1PC64 with REPORTS
56 

(II) to address illegal, unreported, or unregulated fishing activities for which a nation has been 

identified under section 609 of the High Seas 

Driftnet Fishing Moratorium Protection Act (16 

U.S.C. 1826j); or 

(III) to address bycatch of a protected living marine resource for which a nation has been identified under section 610 of such Act (16 U.S.C. 

1826k); 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 øsuch nation has terminated large-scale driftnet fishing or illegal, unreported, or unregulated fishing by its nationals and vessels 

beyond the exclusive economic zone of any nation.¿ such nation 

has— 

(1) terminated large-scale driftnet fishing by its nationals 

and vessels beyond the exclusive economic zone of any nation; 

(2) addressed illegal, unreported, or unregulated fishing activities for which a nation has been identified under section 609 

of the High Seas Driftnet Fishing Moratorium Protection Act 

(16 U.S.C. 1826j); or 

(3) addressed bycatch of a protected living marine resource 

for which a nation has been identified under section 610 of that 

Act (16 U.S.C. 1826k). 

HIGH SEAS DRIFTNET FISHING MORATORIUM PROTECTION 

ACT 

SEC. 606. ENFORCEMENT. 

[16 U.S.C. 1826g] 

(a) DETECTING, MONITORING, AND PREVENTING VIOLATIONS.—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. 

(b) ENFORCEMENT.—This Act shall be enforced under section 101 

of the International Fisheries Stewardship and Enforcement Act. 


smartinez on PROD1PC64 with REPORTS
57 

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 øorganizations¿ organizations, or arrangements made pursuant to an international fishery agreement (as defined in section 

3(24) of the Magnuson-Stevens Fishery Conservation and Management Act), 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; 

and 

(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; 

(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; øand¿ 

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


smartinez on PROD1PC64 with REPORTS
58 

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 øterritories.¿ territories; and 

(4) urging other nations, through the regional fishery management organizations of which the United States is a member, 

bilaterally and otherwise to seek and foster the sharing of accurate, relevant, and timely information— 

(A) to improve the scientific understanding of marine ecosystems; 

(B) to improve fisheries management decisions; 

(C) to promote the conservation of protected living marine 

resources; 

(D) to combat illegal, unreported, and unregulated fishing; and 

(E) to improve compliance with conservation and management measures in international waters. 

(b) INFORMATION SHARING.—In carrying out this section, the Secretary may disclose, as necessary and appropriate, information to 

the Food and Agriculture Organization of the United Nations, international fishery management organizations (as so defined), or arrangements made pursuant to an international fishery agreement, if 

such organizations or arrangements have policies and procedures to 

safeguard such information from unintended or unauthorized disclosure. 

(c) VESSELS AND VESSEL OWNERS ENGAGED IN ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.—The Secretary may— 

(1) develop, maintain, and make public a list of vessels and 

vessel owners engaged in 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, whether 

or not the United States is a party to such organization or arrangement; 

(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 and trade agreements; 

and 

(3) provide notification to the public of vessels and vessel 

owners identified by international fishery management organizations or arrangements made pursuant to an international 

fishery agreement as having been engaged in illegal, unreported, or unregulated fishing, as well as any measures adopted 

by such organizations or arrangements to address illegal, unreported, or unregulated fishing. 

(d) RESTRICTIONS ON PORT ACCESS OR USE.—Action taken by the 

Secretary under subsection (c)(2) that includes measures to restrict 

use of or access to ports or port services shall apply to all ports of 

the United States and its territories. 


smartinez on PROD1PC64 with REPORTS
59 

(e) REGULATIONS.—The Secretary may promulgate regulations to 

implement subsections (c) and (d). 

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

[16 U.S.C. 1826j] 

(a) IDENTIFICATION.—The Secretary shall identify, and list in the 

report under section 607, a nation if fishing vessels of that nation 

are engaged, or have been engaged at any point during the preceding ø2 years,¿ 3 years, in illegal, unreported, or unregulated 

fishing— 

(1) the relevant international fishery management organization has failed to implement effective measures to end the illegal, unreported, or unregulated fishing activity by vessels of 

that nation or the nation is not a party to, or does not maintain cooperating status with, such organization; or 

(2) where no international fishery management organization 

exists with a mandate to regulate the fishing activity in question. 

(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. 

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

the Secretary of State, shall— 

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

this section; 

(2) initiate consultations for the purpose of encouraging such 

nations to take the appropriate corrective action with respect 

to the offending activities of their fishing vessels identified in 

the report; and 

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

section. 

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

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

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

section 607 has taken appropriate corrective action with respect to the offending activities of its fishing vessels identified 

in the report under section 607. The certification procedure 

shall provide for notice and an opportunity for comment by any 

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

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

after the date on which the Secretary promulgates a final rule 

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

(A) whether the government of each nation identified 

under subsection (a) has provided documentary evidence 

that it has taken corrective action with respect to the offending activities of its fishing vessels identified in the report; or 

(B) whether the relevant international fishery management organization has implemented measures that are efVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00061 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
60 

fective in ending the illegal, unreported, or unregulated 

fishing activity by vessels of that nation. 

(2) ALTERNATIVE PROCEDURE.—The Secretary may establish 

a procedure for certification, 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 (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 ø101(a)¿ 

101(a)(3) and section 101(b)(3) and (4) of this Act (16 

U.S.C. ø1826a(a),¿ 1826a(a)(3), (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. 

(e) ILLEGAL, UNREPORTED, OR UNREGULATED FISHING DEFINED.— (1) IN GENERAL.—In this Act the term ‘‘illegal, unreported, or 

unregulated fishing’’ has the meaning established under paragraph (2). 

(2) Secretary to define term within legislative guidelines.— 

Within 3 months after the date of enactment of the MagnusonStevens Fishery Conservation and Management Reauthorization Act of 2006, the Secretary shall publish a definition of the 

term ‘‘illegal, unreported, or unregulated fishing’’ for purposes 

of this Act. 

(3) GUIDELINES.—The Secretary shall include in the definition, at a minimum— 

(A) fishing activities that violate conservation and management measures required under an international fishery 

management agreement to which the United States is a 

party, including catch limits or quotas, capacity restrictions, and bycatch reduction requirements; 

(B) overfishing of fish stocks shared by the United 

States, for which there are no applicable international conservation or management measures or in areas with no apVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00062 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
61 

plicable international fishery management organization or 

agreement, that has adverse impacts on such stocks; and 

(C) fishing activity that has an adverse impact on 

seamounts, hydrothermal vents, and cold water corals located beyond national jurisdiction, for which there are no 

applicable conservation or management measures or in 

areas with no applicable international fishery management 

organization or agreement. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary for fiscal years 2007 through 2013 

such sums as are necessary to carry out this section. 

SEC. 610. EQUIVALENT CONSERVATION MEASURES. 

[16 U.S.C. 1826k] 

(a) IDENTIFICATION.—The Secretary shall identify, and list in the 

report under section 607, a nation if— 

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

engaged during the preceding øcalendar year¿ 3 years in fishing activities or practices; 

(A) in waters beyond any national jurisdiction that result in bycatch of a protected living marine resource; or 

(B) beyond the exclusive economic zone of the United 

States that result in bycatch of a protected living marine 

resource shared by the United States; 

(2) 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 

(3) 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. 

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

through the Secretary of State, shall— 

(1) notify, as soon as possible, other nations whose vessels 

engage in fishing activities or practices described in subsection 

(a), about the provisions of this section and this Act; 

(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.— 


smartinez on PROD1PC64 with REPORTS
62 

(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 

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

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

resources. 

(2) PROCEDURAL REQUIREMENT.—The procedure established 

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

opportunity for comment by any such nation. 

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

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

plan described in paragraph (1)(B). 

(4) ALTERNATIVE PROCEDURE.—The Secretary shall establish 

a procedure for certification, on a shipment-by-shipment, shipper-by-shipper, or other basis of fish or fish products from a 

vessel of a harvesting nation not certified under paragraph (3) 

if the Secretary determines that such imports were harvested 

by practices that do not result in bycatch of a protected marine 

species, or were harvested by practices that— 

(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 

(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 

ø101(a)¿ 101(a)(3) and section 101(b)(3) and (4) of this Act (16 

U.S.C. ø1826a(a),¿ 1826a(a)(3), (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. 


smartinez on PROD1PC64 with REPORTS
63 

(d) INTERNATIONAL COOPERATION AND ASSISTANCE.—To the 

greatest extent possible consistent with existing authority and the 

availability of funds, the Secretary shall— 

(1) provide appropriate assistance to nations identified by 

the Secretary under subsection (a) and international organizations of which those nations are members to assist those nations in qualifying for certification under subsection (c); 

(2) undertake, where appropriate, cooperative research activities on species statistics and improved harvesting techniques, with those nations or organizations; 

(3) encourage and facilitate the transfer of appropriate technology to those nations or organizations to assist those nations 

in qualifying for certification under subsection (c); and 

(4) provide assistance to those nations or organizations in designing and implementing appropriate fish harvesting plans. 

(e) PROTECTED LIVING MARINE RESOURCE DEFINED.—In this section the term ‘‘protected living marine resource’’— 

(1) means non-target fish, sea turtles, or marine mammals 

that are protected under United States law or international 

agreement, including the Marine Mammal Protection Act, the 

Endangered Species Act, the Shark Finning Prohibition Act, 

and the Convention on International Trade in Endangered 

Species of Wild Flora and Fauna; but 

(2) does not include species, except sharks, managed under 

the Magnuson-Stevens Fishery Conservation and Management 

Act, the Atlantic Tunas Convention Act, or any international 

fishery management agreement. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to 

be appropriated to the Secretary for fiscal years 2007 through 2013 

such sums as are necessary to carry out this section. 

MAGNUSON-STEVENS FISHERY CONSERVATION AND 

MANAGEMENT ACT 

SEC. 402. INFORMATION COLLECTION. 

[16 U.S.C. 1881a] 

(a) COLLECTION PROGRAMS.— 

(1) COUNCIL REQUESTS.—If a Council determines that additional information would be beneficial for developing, implementing, or revising a fishery management plan or for determining whether a fishery is in need of management, the Council may request that the Secretary implement an information 

collection program for the fishery which would provide the 

types of information specified by the Council. The Secretary 

shall undertake such an information collection program if he 

determines that the need is justified, and shall promulgate regulations to implement the program within 60 days after such 

determination is made. If the Secretary determines that the 

need for an information collection program is not justified, the 

Secretary shall inform the Council of the reasons for such determination in writing. The determinations of the Secretary 

under this paragraph regarding a Council request shall be 

made within a reasonable period of time after receipt of that 

request. 


smartinez on PROD1PC64 with REPORTS
64 

(2) SECRETARIAL INITIATION.—If the Secretary determines 

that additional information is necessary for developing, implementing, revising, or monitoring a fishery management plan, 

or for determining whether a fishery is in need of management, the Secretary may, by regulation, implement an information collection or observer program requiring submission of 

such additional information for the fishery. 

(b) CONFIDENTIALITY OF INFORMATION.— (1) Any information submitted to the Secretary, a State fishery management agency, or a marine fisheries commission by 

any person in compliance with the requirements of this Act 

shall be confidential and shall not be disclosed except— 

(A) to Federal employees and Council employees who are 

responsible for fishery management plan development, 

monitoring, or enforcement; 

(B) to State or Marine Fisheries Commission employees 

as necessary to further the Department’s mission, subject 

to a confidentiality agreement that prohibits public disclosure of the identity of business of any person; 

(C) to State employees who are responsible for fishery 

management plan enforcement, if the States employing 

those employees have entered into a fishery enforcement 

agreement with the Secretary and the agreement is in effect; 

(D) when required by court order; 

(E) when such information is used by State, Council, or 

Marine Fisheries Commission employees to verify catch 

under a limited access program, but only to the extent that 

such use is consistent with subparagraph (B); 

(F) when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does 

not violate other requirements of this Act; 

(G) when such information is required to be submitted 

to the Secretary for any determination under a limited access program; øor¿ 

(H) to the Food and Agriculture Organization of the 

United Nations, international fishery management organizations, or arrangements made pursuant to an international fishery agreement as provided for in the High 

Seas Driftnet Fishing Moratorium Protection Act (16 USC 

1826i(b)); or 

ø(H)¿ (I) in support of homeland and national security 

activities, including the Coast Guard’s homeland security 

missions as defined in section 888(a)(2) of the Homeland 

Security Act of 2002 (6 U.S.C. 468(a)(2)). 

(2) Any observer information shall be confidential and shall 

not be disclosed, except in accordance with the requirements of 

subparagraphs (A) through (H) of paragraph (1), or— 

(A) as authorized by a fishery management plan or regulations under the authority of the North Pacific Council to 

allow disclosure to the public of weekly summary bycatch 

information identified by vessel or for haul-specific bycatch 

information without vessel identification; 


smartinez on PROD1PC64 with REPORTS
65 

(B) when such information is necessary in proceedings to 

adjudicate observer certifications; or 

(C) as authorized by any regulations issued under paragraph (3) allowing the collection of observer information, 

pursuant to a confidentiality agreement between the observers, observer employers, and the Secretary prohibiting 

disclosure of the information by the observers or observer 

employers, in order— 

(i) to allow the sharing of observer information 

among observers and between observers and observer 

employers as necessary to train and prepare observers 

for deployments on specific vessels; or 

(ii) to validate the accuracy of the observer information collected. 

(3) The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or 

regulation under this Act, except that the Secretary may release or make public any such information in any aggregate or 

summary form which does not directly or indirectly disclose the 

identity or business of any person who submits such information. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management 

purposes by the Secretary, or with the approval of the Secretary, the Council, of any information submitted in compliance with any requirement or regulation under this Act or the 

use, release, or publication of bycatch information pursuant to 

paragraph (2)(A). 

(c) RESTRICTION ON USE OF CERTAIN INFORMATION.— 

(1) The Secretary shall promulgate regulations to restrict the 

use, in civil enforcement or criminal proceedings under this 

Act, the Marine Mammal Protection Act of 1972 (16 U.S.C. 

1361 et seq.), and the Endangered Species Act (16 U.S.C. 1531 

et seq.), of information collected by voluntary fishery data collectors, including sea samplers, while aboard any vessel for 

conservation and management purposes if the presence of such 

a fishery data collector aboard is not required by any of such 

Acts or regulations thereunder. 

(2) The Secretary may not require the submission of a Federal or State income tax return or statement as a prerequisite 

for issuance of a permit until such time as the Secretary has 

promulgated regulations to ensure the confidentiality of information contained in such return or statement, to limit the information submitted to that necessary to achieve a demonstrated conservation and management purpose, and to provide appropriate penalties for violation of such regulations. 

(d) CONTRACTING AUTHORITY.—Notwithstanding any other provision of law, the Secretary may provide a grant, contract, or other 

financial assistance on a sole-source basis to a State, Council, or 

Marine Fisheries Commission for the purpose of carrying out information collection or other programs if— 

(1) the recipient of such a grant, contract, or other financial 

assistance is specified by statute to be, or has customarily 

been, such State, Council, or Marine Fisheries Commission; or 


smartinez on PROD1PC64 with REPORTS
66 

(2) the Secretary has entered into a cooperative agreement 

with such State, Council, or Marine Fisheries Commission. 

(e) RESOURCE ASSESSMENTS.— 

(1) The Secretary may use the private sector to provide vessels, equipment, and services necessary to survey the fishery 

resources of the United States when the arrangement will yield 

statistically reliable results. 

(2) The Secretary, in consultation with the appropriate Council and the fishing industry— 

(A) may structure competitive solicitations under paragraph (1) so as to compensate a contractor for a fishery resources survey by allowing the contractor to retain for sale 

fish harvested during the survey voyage; 

(B) in the case of a survey during which the quantity or 

quality of fish harvested is not expected to be adequately 

compensatory, may structure those solicitations so as to 

provide that compensation by permitting the contractor to 

harvest on a subsequent voyage and retain for sale a portion of the allowable catch of the surveyed fishery; and 

(C) may permit fish harvested during such survey to 

count toward a vessel’s catch history under a fishery management plan if such survey was conducted in a manner 

that precluded a vessel’s participation in a fishery that 

counted under the plan for purposes of determining catch 

history. 

(3) The Secretary shall undertake efforts to expand annual 

fishery resource assessments in all regions of the Nation. 

ANTARCTIC MARINE LIVING RESOURCES CONVENTION ACT 

OF 1984 

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 øsearch or inspection¿ search, investigation, or inspection in connection with the enforcement of 


smartinez on PROD1PC64 with REPORTS
67 

the Convention, this title, or any regulations promulgated 

under this title; 

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

with any authorized officer or employee of the United States 

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

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

(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 øsection.¿ section; or 

(8) to make or submit any false record, account, or label for, 

or any false identification of, any fish or fish product (including 

false identification of the harvesting nation or the ocean where 

harvested) which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received 

in interstate or foreign commerce. 

SEC. 307. REGULATIONS. 

[16 U.S.C. 2436] 

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. Notwithstanding the provisions of 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 rule 

to implement conservation measures, described in section 305(a) of 

this Act, that are in effect for 12 months or less, adopted by the 

Commission, and not objected to by the United States within the 

time period allotted under Article IX of the Convention. Upon publication in the Federal Register, such conservation measures shall be 

in force with respect to the United States. 

øSEC. 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 


smartinez on PROD1PC64 with REPORTS
68 

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. 

ø(b) HEARINGS.—Hearings for the assessment of civil penalties 

under subsection (a) shall be conducted in accordance with section 

554 of title 5, United States Code. For the purposes of conducting 

any such hearing, the Secretary of Commerce may issue subpoenas 

for the attendance and testimony of witnesses and the production 

of relevant papers, books, and documents, and may administer 

oaths. Witnesses summoned shall be paid the same fees and mileage that are paid to witnesses in the courts of the United States. 

In case of contumacy or refusal to obey a subpoena served upon 

any person pursuant to this subsection, the district court of the 

United States for any district in which such person is found, resides, or transacts business, upon application by the Attorney General of the United States and after notice to such person, shall 

have jurisdiction to issue an order requiring such person to appear 

and give testimony before the Secretary of Commerce or to appear 

and produce documents before the Secretary of Commerce, or both, 

and any failure to obey such order of the court may be punished 

by such court as a contempt thereof. 

ø(c) REVIEW OF CIVIL PENALTY.—Any person against whom a 

civil penalty is assessed under subsection (a) of this section may 

obtain review thereof in the appropriate district court of the United 

States by filing a notice of appeal in such court within 30 days 

from the date of such order and by simultaneously sending a copy 

of such notice by certified mail to the Secretary of Commerce, the 

Attorney General, and the appropriate United States Attorney. The 

Secretary of Commerce shall promptly refer the matter to the Attorney General of the United States, who shall file in such court 

a certified copy of the record upon which the violation was found 

or such penalty imposed, as provided in section 2112 of title 28, 

United States Code. The court shall set aside the findings and 

order of the Secretary if the findings and order are found to be unsupported by substantial evidence, as provided in section 706(2)(E) 

of title 5, United States Code. 

ø(d) RECOVERY OF CIVIL PENALTIES.—The Attorney General of 

the United States may seek to recover in any appropriate district 

court of the United States (1) any civil penalty imposed under this 

section that has become a final and unappealable order and has 

been referred to the Attorney General by the Secretary of Commerce or (2) any final judgment rendered under this section in 

favor of the United States by an appropriate Court. 

ø(e) PENALTIES UNDER OTHER LAWS.—The assessment of a civil 

penalty under subsection (a) for any act shall not be deemed to preclude the assessment of a civil penalty for such act under any other 

law. 


smartinez on PROD1PC64 with REPORTS
69 

øSEC. 309. CRIMINAL OFFENSES. 

[16 U.S.C. 2438] 

ø(a) OFFENSES.—A person is guilty of an offense if that person 

commits any act prohibited by paragraph (4), (5), (6), or (7) of section 306. 

ø(b) PUNISHMENT.—Any offense described in subsection (a) is 

punishable by a fine of $50,000, or imprisonment for not more than 

ten years, or both. 

ø(c) OFFENSES UNDER OTHER LAWS.—A conviction under subsection (a) for any act shall not be deemed to preclude a conviction 

for such act under any other law.¿ 

SEC. 310. ENFORCEMENT. 

[16 U.S.C. 2439] 

(a) RESPONSIBILITY.—The provisions of this title shall be enforced 

by the Secretary of Commerce and the Secretary of the department 

in which the Coast Guard is operating. Such Secretaries may utilize by agreement, on a reimbursable basis or otherwise, the personnel, services, and facilities of any other department or agency 

of the United States in the performance of such duties. 

ø(b) POWERS OF AUTHORIZED OFFICERS AND EMPLOYEES.—Any officer or employee of the United States who is authorized (by the 

Secretary of Commerce, the Secretary of the department in which 

the Coast Guard is operating, or the head of any department or 

agency of the United States which has entered into an agreement 

with either Secretary under subsection (a)) to enforce the provisions of this title and of any regulation promulgated under this 

title may, in enforcing such provisions— 

ø(1) secure, execute, and serve any order, warrant, subpoena, 

or other process, which is issued under the authority of the 

United States; 

ø(2) search without warrant any person, place, vehicle or aircraft subject to the jurisdiction of the United States where 

there are reasonable grounds to believe that a person has committed or is attempting to commit an act prohibited by section 

306, 

ø(3) with or without a warrant board and search or inspect 

any vessel of the United States or vessel subject to the jurisdiction of the United States; 

ø(4) seize without warrant— 

ø(A) any evidentiary item where there are reasonable 

grounds to believe that a person has committed or is attempting to commit an act prohibited by section 306, 

ø(B) any Antarctic marine living resources (or part of 

product thereof) with respect to which such an act is committed, 

ø(C) any vessel of the United States (including its gear, 

furniture, appurtenances, stores, and cargo), any vessel 

subject to the jurisdiction of the United States (including 

its gear, furniture, appurtenances, stores, and cargo), and 

any vehicle, aircraft, or other means of transportation subject to the jurisdiction of the United States used in connection with such an act, and 

ø(D) any guns, traps, nets, or equipment used in connection with such an act; 


smartinez on PROD1PC64 with REPORTS
70 

ø(5) offer and pay rewards for services or information which 

may lead to the apprehension of persons violating such provisions; 

ø(6) make inquiries, and administer to, or take from, any 

person an oath, affirmation, or affidavit, concerning any matter 

which is related to the enforcement of such provisions; 

ø(7) in coordination with the Secretary of the Treasury, detain for inspection and inspect any package, crate, or other 

container, including its contents, and all accompanying documents, upon importation into, or exportation from, the United 

States; 

ø(8) make an arrest with or without a warrant with respect 

to any act prohibited by paragraph (4), (5), (6), or (7) of section 

306 if such officer or employee has reasonable grounds to believe that the person to be arrested is committing such act in 

his or her presence or view or has committed such act; 

ø(9) exercise enforcement powers conferred on such officer or 

employee under a system of observation and inspection, or interim arrangements pending the establishment of such a system, which the Secretary of State has agreed to on behalf of 

the United States pursuant to section 305(b); and 

ø(10) exercise any other authority which such officer or employee is permitted by law to exercise. 

ø(c) SEIZURE.—Subject to the succeeding provisions of this subsection, any property or item seized pursuant to subsection (b) 

shall be held by any officer or employee of the United States, who 

is authorized by the Secretary of Commerce or the Secretary of the 

department in which the Coast Guard is operating, pending the 

disposition of civil or criminal proceedings concerning the violation 

relating to the property or item, or the institution of an action in 

rem for the forfeiture of such property or item. Such authorized officer or employee may, upon the order of a court of competent jurisdiction, either release such seized property or item to the wild or 

destroy such property or item, when the cost of maintenance of the 

property or item pending the disposition of the case is greater than 

the legitimate market value of the property or item. Such authorized officer or employee and all officers or employees acting by or 

under his or her direction shall be indemnified from any penalties 

or actions for damages for so releasing or destroying such property 

or item. Such authorized officer or employee may, in lieu of holding 

such property or item, permit the owner or consignee thereof to 

post a bond or other satisfactory surety. 

ø(d) FORFEITURE.— 

ø(1) Any Antarctic marine living resource (or part of product 

thereof) with respect to which an act prohibited by section 306 

is committed, any vessel of the United States (including its 

gear, furniture, appurtenances, stoves, and cargo), vessel subject to the jurisdiction of the United States (including its gear, 

furniture, appurtenances, stoves, and cargo), or vessel, vehicle, 

or aircraft or other means of transportation subject to the jurisdiction of the United States, which is used in connection 

with an act prohibited by section 306, and all guns, traps, nets, 

and other equipment used in connection with such act, shall be 

subject to forfeiture to the United States. 


smartinez on PROD1PC64 with REPORTS
71 

ø(2) Upon the forfeiture to the United States of any property 

or item described in paragraph (1), or upon the abandonment 

or waiver of any claim to any such property or item, it shall 

be disposed of by the Secretary of Commerce, or the Secretary 

of the department in which the Coast Guard is operating, as 

the case may be, in such a manner, consistent with the purposes of this title, as may be prescribed by regulation.¿ 

(b) ADMINISTRATION AND ENFORCEMENT.—This title shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

ø(e)¿ (c) APPLICATION OF CUSTOMS LAWS.—All provisions of law 

relating to the seizure, forfeiture, and condemnation of property 

(including vessels) for violation of the customs laws, the disposition 

of such property or the proceeds from the sale thereof, and the remission or mitigation of such forfeiture, shall apply to the seizures 

and forfeitures incurred, or alleged to have been incurred, and the 

compromise of claims, under the provisions of this title, insofar as 

such provisions of law are applicable and not inconsistent with the 

provisions of this title; except that all powers, rights, and duties 

conferred or imposed by the customs laws upon any officer or employee of the Customs Service may, for the purposes of this title, 

also be exercised or performed by the Secretary of Commerce or the 

Secretary of the department in which the Coast Guard is operating, 

or by such officers or employees of the United States as each Secretary may designate. 

PACIFIC SALMON TREATY ACT OF 1985 

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 øsearch or inspection¿ search, investigation, or inspection in connection with 

the enforcement of this title; 

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

interfere with any such authorized officer in the conduct of any 

øsearch or inspection¿ search, investigation, or inspection described in subparagraph (2); 

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

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

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

taken or retained in violation of this title; øor¿ 

(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 

øsection.¿ section; or 

(7) for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish 


smartinez on PROD1PC64 with REPORTS
72 

product (including false identification of the harvesting nation 

or the ocean where harvested) which has been, or is intended 

to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce. 

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). 

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) ADMINISTRATION AND ENFORCEMENT.—This Act shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

SEC. 11. ADMINISTRATIVE MATTERS. 

[16 U.S.C. 3640] 

(a) COMPENSATION OF COMMISSIONERS AND ALTERNATE COMMIS- SIONERS.—Commissioners and Alternate Commissioners who are 

not State or Federal employees shall receive compensation at the 

daily rate of GS-18 of the General Schedule when engaged in the 

actual performance of duties for the United States Section or for 

the Commission. 

(b) COMPENSATION OF PANEL MEMBERS AND ALTERNATE PANEL

MEMBERS.—Panel Members and Alternate Panel Members who are 

not State or Federal employees shall receive compensation at the 

daily rate of GS-16 of the General Schedule when engaged in the 

actual performance of duties for the United States Section or for 

the Commission. 


smartinez on PROD1PC64 with REPORTS
73 

(c) SCIENTIFIC COOPERATION COMMITTEE.—Members of the Committee on Scientific Cooperation who are not State or Federal employees shall receive compensation at a rate equivalent to the rate 

payable for level IV of the Executive Schedule under section 5315 of 

title 5, United States Code, when engaged in actual performance of 

duties for the Commission. 

ø(c)¿ (d) TRAVEL; OTHER EXPENSES.—Travel and other necessary 

expenses shall be paid for all United States Commissioners, Alternate Commissioners, Panel Members, Alternate Panel Members, 

members of the Joint Technical Committee, and members of the 

Advisory Committee when engaged in the actual performance of 

duties for the United States Section or for the Commission. 

ø(d)¿ (e) INDIVIDUALS NOT CONSIDERED FEDERAL EMPLOYEES.— 

Except for officials of the United States Government, such individuals shall not be considered to be Federal employees while engaged 

in the actual performance of duties for the United States Section 

or for the Commission, except for the purposes of injury compensation or tort claims liability as provided in chapter 81 of title 5, 

United States Code, and chapter 71 of title 28, United States Code. 

SEC. 16. NORTHERN AND SOUTHERN FUNDS; TREATY IMPLEMENTATION; ADDITIONAL AUTHORIZATION OF APPROPRIATIONS. 

[16 U.S.C. 3645] 

(a) NORTHERN FUND AND SOUTHERN FUND.— (1) As provided in the June 30, 1999, Agreement of the 

United States and Canada on the Treaty Between the Government of the United States and the Government of Canada Concerning Pacific Salmon, 1985 (hereafter referred to as the 

‘‘1999 Pacific Salmon Treaty Agreement’’) there are hereby established a Northern Boundary and Transboundary Rivers 

Restoration and Enhancement Fund (hereafter referred to as 

the ‘‘Northern Fund’’) and a Southern Boundary Restoration 

and Enhancement Fund (hereafter referred to as the ‘‘Southern 

Fund’’) to be held by the Pacific Salmon Commission. The 

Northern Fund and Southern Fund shall be invested in interest bearing accounts, bonds, securities, or other investments in 

order to achieve the highest annual yield consistent with protecting the principal of each Fund. Income from investments 

made pursuant to this paragraph shall be available until expended, without appropriation or fiscal year limitation, for programs and activities relating to salmon restoration and enhancement, salmon research, the conservation of salmon habitat, and implementation of the Pacific Salmon Treaty and related agreements. Amounts provided by grants under this subsection may be held in interest bearing accounts prior to the 

disbursement of such funds for program purposes, and any interest earned may be retained for program purposes without 

further appropriation. The Northern Fund and Southern Fund 

are subject to the laws governing Federal appropriations and 

funds and to unrestricted circulars of the Office of Management and Budget. Recipients of amounts from either Fund 

shall keep separate accounts and such records as are reasonably necessary to disclose the use of the funds as well as to facilitate effective audits. 

(2) FUND MANAGEMENT.— 


smartinez on PROD1PC64 with REPORTS
74 

(A) As provided in the 1999 Pacific Salmon Treaty 

Agreement, amounts made available from the Northern 

Fund pursuant to paragraph (1) shall be administered by 

a Northern Fund Committee, which shall be comprised of 

three representatives of the Government of Canada, and 

three representatives of the United States. The three 

United States representatives shall be the United States 

Commissioner and Alternate Commissioner appointed (or 

designated) from a list submitted by the Governor of Alaska for appointment to the Pacific Salmon Commission and 

the Regional Administrator of the National Marine Fisheries Service for the Alaska Region. Only programs and activities consistent with the purposes in paragraph (1) 

which affect the geographic area from Cape Caution, Canada to Cape Suckling, Alaska may be approved for funding 

by the Northern Fund Committee. 

(B) As provided in the 1999 Pacific Salmon Treaty 

Agreement, amounts made available from the Southern 

Fund pursuant to paragraph (1) shall be administered by 

a Southern Fund Committee, which shall be comprised of 

three representatives of Canada and three representatives 

of the United States. The United States representatives 

shall be appointed by the Secretary of Commerce: one shall 

be selected from a list of three qualified individuals submitted by the Governors of the States of Washington and 

Oregon; one shall be selected from a list of three qualified 

individuals submitted by the treaty Indian tribes (as defined by the Secretary of Commerce); and one shall be the 

Regional Administrator of the National Marine Fisheries 

Service for the Northwest Region. Only programs and activities consistent with the purposes in paragraph (1) 

which affect the geographic area south of Cape Caution, 

Canada may be approved for funding by the Southern 

Fund Committee. 

(b) PACIFIC SALMON TREATY IMPLEMENTATION.— (1) None of the funds authorized by this section for implementation of the 1999 Pacific Salmon Treaty Agreement shall 

be made available until each of the following conditions to the 

1999 Pacific Salmon Treaty Agreement has been fulfilled— 

(A) stipulations are revised and court orders requested 

as set forth in the letter of understanding of the United 

States negotiators dated June 22, 1999. If such orders are 

not requested by December 31, 1999, this condition shall 

be considered unfulfilled; and 

(B) a determination is made that-- 

(i) the entry by the United States into the 1999 Pacific Salmon Treaty Agreement; 

(ii) the conduct of the Alaskan fisheries pursuant to 

the 1999 Pacific Salmon Treaty Agreement, without 

further clarification or modification of the management regimes contained therein; and 

(iii) the decision by the North Pacific Fisheries Management Council to continue to defer its management 

authority over salmon to the State of Alaska are not 

likely to cause jeopardy to, or adversely modify desVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00076 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
75 

ignated critical habitat of, any salmonid species listed 

under Public Law 93–205, as amended, in any fishery 

subject to the Pacific Salmon Treaty. 

(2) If the requests for orders in subparagraph (1)(A) are 

withdrawn after December 31, 1999, or if such orders are not 

entered by March 1, 2000, amounts in the Northern Fund and 

the Southern Fund shall be transferred to the general fund of 

the United States Treasury. 

(3) During the term of the 1999 Pacific Salmon Treaty Agreement, the Secretary of Commerce shall determine whether 

Southern United States fisheries are likely to cause jeopardy 

to, or adversely modify designated critical habitat of, any 

salmonid species listed under Public Law 93–205, as amended, 

before the Secretary of Commerce may initiate or reinitiate 

consultation on Alaska fisheries under such Act. 

(4) During the term of the 1999 Pacific Salmon Treaty Agreement, the Secretary of Commerce may not initiate or reinitiate 

consultation on Alaska fisheries under section 7 of Public Law 

93–205, as amended, until— 

(A) the Pacific Salmon Commission has had a reasonable 

opportunity to implement the provisions of the 1999 Pacific Salmon Treaty Agreement, including the harvest responses pursuant to Paragraph 9, Chapter 3 of Annex IV 

to the Pacific Salmon Treaty; and 

(B) he determines, in consultation with the United 

States Section of the Pacific Salmon Commission, that implementation actions under the 1999 Agreement will not 

return escapements as expeditiously as possible to maximum sustainable yield or other biologically-based 

escapement objectives agreed to by the Pacific Salmon 

Commission. 

(5) The Secretary of Commerce shall notify the Committee on 

Commerce, Science, and Transportation of the Senate and the 

Committee on Resources of the House of Representatives of his 

intent to initiate or reinitiate consultation on Alaska fisheries. 

(6)(A) For purposes of this section, ‘‘Alaska fisheries’’ means 

all directed Pacific salmon fisheries off the coast of Alaska that 

are subject to the Pacific Salmon Treaty. 

(B) For purposes of this section, ‘‘Southern United States 

fisheries’’ means all directed Pacific salmon fisheries in Washington, Oregon, and the Snake River basin of Idaho that are 

subject to the Pacific Salmon Treaty. 

* * * * * * * 

(d) AUTHORIZATION OF APPROPRIATIONS.— (1) PACIFIC SALMON TREATY.— (A) For capitalizing the Northern Fund there is authorized to be appropriated in fiscal years 2000, 2001, 2002, 

and 2003 a total of $75,000,000. 

(B) For capitalizing the Southern Fund there is authorized to be appropriated in fiscal years 2000, 2001, 2002, 

and 2003 a total of $65,000,000. 

(C) To provide economic adjustment assistance to fishermen pursuant to the 1999 Pacific Salmon Treaty Agreement, there is authorized to be appropriated in fiscal years 

2000, 2001, and 2002 a total of $30,000,000. 


smartinez on PROD1PC64 with REPORTS
76 

(2) PACIFIC COASTAL SALMON RECOVERY.— 

(A) For salmon habitat restoration, salmon stock enhancement, sustainable salmon fisheries, and salmon research, including the construction of salmon research and 

related facilities, there is authorized to be appropriated for 

each of fiscal years 2000, 2001, 2002, [and] 2003, 2005, 

2006, 2007, 2008, øand 2009,¿ 2009, 2010, 2011, 2012, and 

2013, $90,000,000 to the States of Alaska, Washington, Oregon, Idaho, and California. Amounts appropriated pursuant to this subparagraph shall be made available as direct 

payments. The State of Alaska may allocate a portion of 

any funds it receives under this subsection to eligible activities outside Alaska. 

(B) For salmon habitat restoration, salmon stock enhancement, salmon research, and supplementation activities, there is authorized to be appropriated in each of fiscal 

years 2000, 2001, 2002, and 2003, $10,000,000 to be divided between the Pacific Coastal tribes (as defined by the 

Secretary of Commerce) and the Columbia River tribes (as 

defined by the Secretary of Commerce). 

NORTHERN PACIFIC ANADROMOUS STOCKS ACT OF 1992 

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 øpurchases¿ 

purposes of conducting any øsearch or inspection¿ 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 

øsearch or inspection¿ 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; øor¿ 


smartinez on PROD1PC64 with REPORTS
77 

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

any regulation issued under this øtitle.¿ title; or 

(10) for any person to make or submit any false record, account, or label for, or any false identification of, any fish or fish 

product (including false identification of the harvesting nation 

or the ocean where harvested) which has been, or is intended 

to be imported, exported, transported, sold, offered for sale, purchased, or received in interstate or foreign commerce. 

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 

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 conVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00079 Fmt 6659 Sfmt 6601 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
78 

stitute 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 

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; 


smartinez on PROD1PC64 with REPORTS
79 

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; 

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 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. ADMINISTRATION AND ENFORCEMENT. 

This Act shall be enforced under section 101 of the International 

Fisheries Stewardship and Enforcement Act. 

HIGH SEAS FISHING COMPLIANCE ACT 

SEC. 104. PERMITTING. 

[16 U.S.C. 5503] 

(a) IN GENERAL.—No high seas fishing vessel shall engage in 

harvesting operations on the high seas unless the vessel has on 

board a valid permit issued under this section. 

(b) ELIGIBILITY.— 

(1) Any vessel of the United States is eligible to receive a 

permit under this section, unless the vessel was previously authorized to be used for fishing on the high seas by a foreign 

nation, and— 

(A) the foreign nation suspended such authorization because the vessel undermined the effectiveness of international conservation and management measures, and the 

suspension has not expired; or 

(B) the foreign nation, within the last three years preceding application for a permit under this section, withdrew such authorization because the vessel undermined 


smartinez on PROD1PC64 with REPORTS
80 

the effectiveness of international conservation and management measures. 

(2) The restriction in paragraph (1) does not apply if ownership of the vessel has changed since the vessel undermined the 

effectiveness of international conservation and management 

measures, and the new owner has provided sufficient evidence 

to the Secretary demonstrating that the previous owner or operator has no further legal, beneficial or financial interest in, 

or control of, the vessel. 

(3) The restriction in paragraph (1) does not apply if the Secretary makes a determination that issuing a permit would not 

subvert the purposes of the Agreement. 

(4) The Secretary may not issue a permit to a vessel unless 

the Secretary is satisfied that the United States will be able 

to exercise effectively its responsibilities under the Agreement 

with respect to that vessel. 

(c) APPLICATION.— 

(1) The owner or operator of a high seas fishing vessel may 

apply for a permit under this section by completing an application form prescribed by the Secretary. 

(2) The application form shall contain— 

(A) the vessel’s name, previous names (if known), official 

numbers, and port of record; 

(B) the vessel’s previous flags (if any); 

(C) the vessel’s International Radio Call Sign (if any); 

(D) the names and addresses of the vessel’s owners and 

operators; 

(E) where and when the vessel was built; 

(F) the type of vessel; 

(G) the vessel’s length; and 

(H) any other information the Secretary requires for the 

purposes of implementing the Agreement. 

(d) CONDITIONS.—The Secretary shall establish such conditions 

and restrictions on each permit issued under this section as are 

necessary and appropriate to carry out the obligations of the 

United States under the Agreement, including but not limited to 

the following: 

(1) The vessel shall be marked in accordance with the FAO 

Standard Specifications for the Marking and Identification of 

Fishing Vessels, or with regulations issued under section 305 

of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1855); and 

(2) The permit holder shall report such information as the 

Secretary by regulation requires, including area of fishing operations and catch statistics. The Secretary shall promulgate 

regulations concerning conditions under which information 

submitted under this paragraph may be released. 

(e) FEES.— 

(1) The Secretary shall by regulation establish the level of 

fees to be charged for permits issued under this section. The 

amount of any fee charged for a permit issued under this section shall not exceed the administrative costs incurred in 

issuing such permits. The permitting fee may be in addition to 

any fee required under any regional permitting regime applicable to high seas fishing vessels. 


smartinez on PROD1PC64 with REPORTS
81 

(2) The fees authorized by paragraph (1) shall be collected 

and credited to the Operations, Research and Facilities account 

of the National Oceanic and Atmospheric Administration. Fees 

collected under this subsection shall be available for the necessary expenses of the National Oceanic and Atmospheric Administration in implementing this Act, and shall remain available until expended. 

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 is void if— 

(1) 1 or more permits or authorizations required for a vessel 

to fish, in addition to a permit issued under this section, expire, 

are revoked, or are suspended; or 

(2) the vessel is no longer eligible for United States documentation, such documentation is revoked or denied, or the vessel is deleted from such documentation. 

NORTHWEST ATLANTIC FISHERIES CONVENTION ACT OF 

1995 

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; 

(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 øsearch or inspection¿ 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 øsearch or inspection¿ 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; øor¿ 

(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 øsection.¿ section; or 

(7) to make or submit any false record, account, or label for, 

or any false identification of, any fish or fish product (including 

false identification of the harvesting nation or the ocean where 

harvested) which has been, or is intended to be imported, exVerDate Aug 31 2005 04:21 Sep 18, 2008 Jkt 069010 PO 00000 Frm 00083 Fmt 6659 Sfmt 6603 E:\HR\OC\SR469.XXX SR469

smartinez on PROD1PC64 with REPORTS
82 

ported, transported, sold, offered for sale, purchased, or received 

in interstate or foreign commerce. 

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) ADMINISTRATION AND ENFORCEMENT.—This title shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act 

WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION 

IMPLEMENTATION ACT 

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 in 

the Western and Central Pacific Ocean, one of whom shall be an 

officer or employee of the Department of Commerce, and one of 

whom shall be øthe chairman or¿ a member of the Western Pacific 


smartinez on PROD1PC64 with REPORTS
83 

Fishery Management Council and one of whom shall be a member 

of the Pacific Fishery Management Council. The Commissioners 

shall be entitled to adopt such rules of procedures as they find necessary and to select a chairman from among members who are officers or employees of the United States Government. 

(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, 

Council, any Panel, or the advisory committee established pursuant 

to subsection (d), all powers and duties of a United States Commissioner in the absence of any 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 such Commissioners, other than officers or employees of the United 

States Government, shall be considered to be Federal employees while performing such service, only for purposes of— 

(A) injury compensation under chapter 81 of title 5, 

United States Code; 

(B) requirements concerning ethics, conflicts of interest, 

and corruption as provided under title 18, United States 

Code; and 

(C) any other criminal or civil statute or regulation governing the conduct of Federal employees. 

Notwithstanding subparagraph (B), section 208(a) of title 18, 

United States Code, shall not apply to such an individual if, after 

review of the financial disclosure report filed by the individual pursuant to the Ethics in Government Act of 1978 (5 U.S.C. App.), the 

Secretary of Commerce, or his designee, certifies in writing that the 

need for the individual’s services outweighs the potential for a conflict of interest created by the financial interest involved. 

(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 such 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 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) ADVISORY COMMITTEES.— 

(1) ESTABLISHMENT OF PERMANENT ADVISORY COMMITTEE.— 

(A) MEMBERSHIP.—There is established an advisory committee which shall be composed of— 


smartinez on PROD1PC64 with REPORTS
84 

(i) not less than 15 nor more than 20 individuals appointed by the Secretary of Commerce in consultation 

with the United States Commissioners, who shall select such individuals from the various groups concerned with the fisheries covered by the WCPFC Convention, providing, to the maximum extent practicable, 

an equitable balance among such groups; 

(ii) the chair of the Western Pacific Fishery Management Council’s Advisory Committee or the chair’s designee; and 

(iii) officials of the fisheries management authorities 

of American Samoa, Guam, and the Northern Mariana 

Islands (or their designees). 

(B) TERMS AND PRIVILEGES.—Each member of the advisory committee appointed under subparagraph (A) shall 

serve for a term of 2 years and shall be eligible for reappointment. The advisory committee shall be invited to 

attend all non-executive meetings of the United States 

Commissioners 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. 

(C) PROCEDURES.—The advisory committee established 

by subparagraph (A) shall determine its organization, and 

prescribe its practices and procedures for carrying out its 

functions under this chapter, the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 

seq.), and the WCPFC Convention. The advisory committee shall publish and make available to the public a 

statement of its organization, practices, and procedures. A 

majority of the members of the advisory committee shall 

constitute a quorum. Meetings of the advisory committee, 

except when in executive session, shall be open to the public, and prior notice of meetings shall be made public in a 

timely fashion. and the advisory committee shall not be 

subject to the Federal Advisory Committee Act (5 U.S.C. 

App.). 

(D) PROVISION OF INFORMATION.—The Secretary and the 

Secretary of State shall furnish the advisory committee 

with relevant information concerning fisheries and international fishery agreements. 

(2) ADMINISTRATIVE MATTERS.— 

(A) SUPPORT SERVICES.—The Secretary shall provide to 

advisory committees in a timely manner such administrative and technical support services as are necessary for 

their effective functioning. 

(B) COMPENSATION; STATUS; EXPENSES.—Individuals appointed to serve as a member of an advisory committee— 

(i) shall serve without pay, but while away from 

their homes or regular places of business in the performance of services for the advisory committee shall 

be allowed travel expenses, including per diem in lieu 

of subsistence, in the same manner as persons employed intermittently in the Government service are 


smartinez on PROD1PC64 with REPORTS
85 

allowed expenses under section 5703 of title 5, United 

States Code; and 

(ii) shall be considered Federal employees while performing service as members of an advisory committee 

only for purposes of— 

(I) injury compensation under chapter 81 of title 

5, United States Code; 

(II) requirements concerning ethics, conflicts-ofinterest, and corruption, as provided by title 18, 

United States Code; and 

(III) any other criminal or civil statute or regulation governing the conduct of Federal employees 

in their capacity as Federal employees. 

* * * * * * * 

ø(f)¿ (e) MEMORANDUM OF UNDERSTANDING.—For highly migratory species in the Pacific, the Secretary, in coordination with the 

Secretary of State, shall develop a memorandum of understanding 

with the Western Pacific, Pacific, and North Pacific Fishery Management Councils, that clarifies the role of the relevant Council or 

Councils with respect to— 

(1) participation in United States delegations to international fishery organizations in the Pacific Ocean, including 

government-to-government consultations; 

(2) providing formal recommendations to the Secretary and 

the Secretary of State regarding necessary measures for both 

domestic and foreign vessels fishing for these species; 

(3) coordinating positions with the United States delegation 

for presentation to the appropriate international fishery organization; and 

(4) recommending those domestic fishing regulations that are 

consistent with the actions of the international fishery organization, for approval and implementation under the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 

1801 et seq.) 

SEC. 506. ENFORCEMENT. 

[16 U.S.C. 6905] 

(a) IN GENERAL.—The Secretary may— 

(1) administer and enforce this title and any regulations 

issued under this title, except to the extent otherwise provided 

for in this Act; 

(2) request and utilize on a reimbursed or non-reimbursed 

basis the assistance, services, personnel, equipment, and facilities of other Federal departments and agencies in— 

(A) the administration and enforcement of this title; and 

(B) the conduct of scientific, research, and other programs under this title; 

(3) conduct fishing operations and biological experiments for 

purposes of scientific investigation or other purposes necessary 

to implement the WCPFC Convention; 

(4) collect, utilize, and disclose such information as may be 

necessary to implement the WCPFC Convention, subject to sections 552 and 552a of title 5, United States Code, and section 

402(b) of the Magnuson-Stevens Fishery Conservation and 

Management Act (16 U.S.C. 1881a(b)); 


smartinez on PROD1PC64 with REPORTS
86 

(5) if recommended by the United States Commissioners or 

proposed by a Council with authority over the relevant fishery, 

assess and collect fees, not to exceed three percent of the exvessel value of fish harvested by vessels of the United States 

in fisheries managed pursuant to this title, to recover the actual costs to the United States of management and enforcement under this title, which shall be deposited as an offsetting 

collection in, and credited to, the account providing appropriations to carry out the functions of the Secretary under this 

title; and 

(6) issue permits to owners and operators of United States 

vessels to fish in the convention area seaward of the United 

States Exclusive Economic Zone, under such terms and conditions as the Secretary may prescribe, and shall remain valid 

for a period to be determined by the Secretary. 

(b) CONSISTENCY WITH OTHER LAWS.—The Secretary shall ensure 

the consistency, to the extent practicable, of fishery management 

programs administered under this Act, the Magnuson-Stevens 

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

seq.), the Tuna Conventions Act (16 U.S.C. 951 et seq.), the South 

Pacific Tuna Act (16 U.S.C. 973 et seq.), section 401 of Public Law 

108-219 (16 U.S.C. 1821 note) (relating to Pacific albacore tuna), 

and the Atlantic Tunas Convention Act (16 U.S.C. 971). 

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 

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) ADMINISTRATION AND ENFORCEMENT.—This title shall be enforced under section 101 of the International Fisheries Stewardship 

and Enforcement Act. 

(d) CONFIDENTIALITY.— 

(1) IN GENERAL.—Any information submitted to the Secretary in compliance with any requirement under this Act shall 

be confidential and shall not be disclosed, except— 

(A) to Federal employees who are responsible for administering, implementing, and enforcing this Act; 

(B) to the Commission, in accordance with requirements 

in the Convention and decisions of the Commission, and, 

insofar as possible, in accordance with an agreement with 

the Commission that prevents public disclosure of the 

identity or business of any person; 

(C) to State or Marine Fisheries Commission employees 

pursuant to an agreement with the Secretary that prevents public disclosure of the identity or business or any 

person; 

(D) when required by court order; or 


smartinez on PROD1PC64 with REPORTS
87 

(E) when the Secretary has obtained written authorization from the person submitting such information to release such information to persons for reasons not otherwise provided for in this subsection, and such release does 

not violate other requirements of this Act. 

(2) USE OF INFORMATION.—The Secretary shall, by regulation, prescribe such procedures as may be necessary to preserve the confidentiality of information submitted in compliance with any requirement or regulation under this Act, except 

that the Secretary may release or make public any such information in any aggregate or summary form that does not directly or indirectly disclose the identity or business of any person. Nothing in this subsection shall be interpreted or construed to prevent the use for conservation and management 

purposes by the Secretary of any information submitted in 

compliance with any requirement or regulation under this Act. 

SEC. 507. PROHIBITED ACTS. 

[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 


smartinez on PROD1PC64 with REPORTS
88 

Marine Fisheries Service or under contract to any person to 

carry out responsibilities under this title; 

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

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

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

or retained in violation of such regulations; 

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

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

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

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

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

species subject to regulation pursuant to a recommendation, 

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

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

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

title; or 

(15) to make or submit any false record, account, or label for, 

or any false identification of, any fish or fish product (including 

false identification of the harvesting nation or the ocean where 

harvested) which has been, or is intended to be imported, exported, transported, sold, offered for sale, purchased, or received 

in interstate or foreign commerce. 

(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. 

PACIFIC WHITING ACT OF 2006 

SEC. 605. UNITED STATES REPRESENTATION ON JOINT TECHNICAL 

COMMITTEE. 

[16 U.S.C. 7004] 

(a) SCIENTIFIC EXPERTS.— 

(1) IN GENERAL.—The Secretary, in consultation with the 

Secretary of State, shall appoint øat least 6 but not more than 

12¿ no more than 2 individuals to serve as scientific experts on 

the joint technical committee, at least 1 of whom shall be an 

official of the National Oceanic and Atmospheric Administration. 

(2) TERM OF OFFICE.—An individual appointed under paragraph (1) shall be appointed for a term of not to exceed 4 

years, but shall be eligible for reappointment. An individual 

appointed to fill a vacancy occurring prior to the expiration of 

the term of office of that individual’s predecessor shall be appointed for the remainder of that term. 

(b) INDEPENDENT MEMBER.—In addition to individuals appointed 

under subsection (a), the Secretary, jointly with the Government of 

Canada, shall appoint 1 independent member to the joint technical 

committee selected from a list of names provided by the advisory 

panel. 


smartinez on PROD1PC64 with REPORTS
89 

SEC. 609. ADMINISTRATIVE WAIVERS. 

[16 U.S.C. 7008] 

(a) EMPLOYMENT STATUS.—Individuals appointed under section 

603, 604, 605, or 606 of this title who are serving as such Commissioners, other than officers or employees of the United States Government, shall be considered to be Federal employees while performing such service, only for purposes of— 

(1) injury compensation under chapter 81 of title 5, United 

States Code; 

(2) requirements concerning ethics, conflicts of interest, and 

corruption as provided under title 18, United States Code; and 

(3) any other criminal or civil statute or regulation governing 

the conduct of Federal employees. 

Notwithstanding paragraph (2), section 208(a) of title 18, United 

States Code, shall not apply to such an individual if, after review 

of the financial disclosure report filed by the individual pursuant 

to the Ethics in Government Act of 1978 (5 U.S.C. App.), the Secretary of Commerce, or his designee, certifies in writing that the 

need for the individual’s services outweighs the potential for a conflict of interest created by the financial interest involved. 

(b) COMPENSATION.— (1) IN GENERAL.—Except as provided in paragraph (2), an individual appointed under this title shall receive no compensation for the individual’s service as a representative, alternate 

representative, scientific expert, or advisory panel member 

under this title. 

(2) SCIENTIFIC REVIEW GROUP.—Notwithstanding paragraph 

(1), the Secretary may employ and fix the compensation of an 

individual appointed under section 604(a) to serve as a scientific expert on the scientific review group who is not employed by the United States Government, a State government, 

or an Indian tribal government in accordance with section 3109 

of title 5, United States Code. 

(c) TRAVEL EXPENSES.—Except as provided in subsection (d), the 

Secretary shall pay the necessary travel expenses of individuals appointed under this title in accordance with the Federal Travel Regulations and sections 5701, 5702, 5704 through 5708, and 5731 of 

title 5, United States Code. 

(d) JOINT APPOINTEES.—With respect to the 2 independent members of the scientific review group and the 2 public advisors to the 

scientific review group jointly appointed under section 604(c), and 

the 1 independent member to the joint technical committee jointly 

appointed under section 605(b), the Secretary may pay up to 50 

percent of— 

(1) any compensation paid to such individuals; and 

(2) the necessary travel expenses of such individuals. 

Æ 


smartinez on PROD1PC64 with REPORTS