89–006 

115TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2d Session 115–1104 

LIMITATION ON CERTAIN FISHERIES ENFORCEMENT 

BASED ON OBSERVER REPORTS 

DECEMBER 21, 2018.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. BISHOP of Utah, from the Committee on Natural Resources, 

submitted the following 

R E P O R T 

together with 

DISSENTING VIEWS 

[To accompany H.R. 5025] 

The Committee on Natural Resources, to whom was referred the 

bill (H.R. 5025) to amend the Western and Central Pacific Fisheries Convention Implementation Act to limit the imposition of 

penalties against a person fishing on a United States flag fishing 

vessel in certain areas of the Pacific Ocean based on a report by 

an observer on such a vessel, having considered the same, report 

favorably thereon without amendment and recommend that the bill 

do pass. 

PURPOSE OF THE BILL

The purpose of H.R. 5025 is to amend the Western and Central 

Pacific Fisheries Convention Implementation Act to limit the imposition of penalties against a person fishing on the United States 

flag fishing vessel in certain areas of the Pacific Ocean based on 

a report by an observer on such a vessel. 

BACKGROUND AND NEED FOR LEGISLATION

The coordinated management of shared fishery stocks in international waters (201 or more miles from U.S. shores) is accomplished by nations participating in Regional Fisheries Management 

Organizations (RFMOs). These international commissions guide 

and coordinate the fisheries management activities of multiple naVerDate Sep 11 2014 06:32 Dec 28, 2018 Jkt 089006 PO 00000 Frm 00001 Fmt 6659 Sfmt 6602 E:\HR\OC\HR1104.XXX HR1104

SSpencer on DSKBBXCHB2PROD with REPORTS
2 

1http://www.state.gov/e/oes/ocns/fish/regionalorganizations/. 

2http://www.fao.org/fishery/topic/12270/en. 

3 Id at 2. 

4Kelly Welsh letter to Chairman Rob Bishop, September 15, 2015. 

5Public Law 109–479, Signed January 12, 2007. 

6https://www.wcpfc.int/about-wcpfc. 

7 Id at 6. 

tions in a specific region.1 There are a number of RFMOs that the 

U.S. is party to, with the five major RFMOs being the Commission 

for the Conservation of Southern Bluefin Tuna (CCSBT), the InterAmerican Tropical Tuna Commission (IATTC), the International 

Commission for the Conservation of Atlantic Tuna (ICCAT), the Indian Ocean Tuna Commission (IOTC), and the Western and Central Pacific Fisheries Commission (WCPFC).2

In each case, an RFMO comprised of designees from each participating country and territory fosters cooperative management 

of these shared resources.3 Cooperation under such a convention allows the U.S. to address fisheries resources not covered under preexisting fisheries management instruments and helps to prevent 

destructive fishing practices by other participating nations that 

may hurt domestic fisheries.4

The Western and Central Pacific Fisheries Convention Implementation Act (Public Law 109–479) 5 was signed into law in January 2007 to codify the United States participation in the Convention and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean.6 The Convention established the 

WCPFC which, according to its website, is responsible for overseeing the compliance of the Convention by signatory nations, as 

well as supporting three subsidiary committees: Scientific, Technical and Compliance, and Northern Committees.7

To ensure fair, consistent implementation and enforcement of the 

Convention, H.R. 5025 simply states that any U.S. flagged vessel 

that is accused of violating the Convention be afforded the opportunity to see the on-board observer’s report citing the violation 

within 60 days of the alleged violation taking place. The legislation 

also simply states that any enforcement action taken against a U.S. 

flagged vessel for a violation under the Convention be convened 

within one year of the violation occurring. 

COMMITTEE ACTION

H.R. 5025 was introduced on February 14, 2018, Congresswoman 

Aumua Amata Coleman Radewagen (R–AS). The bill was referred 

to the Committee on Natural Resources and within the Committee 

to the Subcommittee on Water, Power and Oceans. On November 

15, 2018, the Natural Resources Committee met to consider the 

bill. The Subcommittee was discharged by unanimous consent. No 

amendments were offered, and the bill was ordered favorably reported to the House of Representatives by a voice vote. 

COMMITTEE OVERSIGHT FINDINGS AND RECOMMENDATIONS

Regarding clause 2(b)(1) of rule X and clause 3(c)(1) of rule XIII 

of the Rules of the House of Representatives, the Committee on 

Natural Resources’ oversight findings and recommendations are reflected in the body of this report. 


SSpencer on DSKBBXCHB2PROD with REPORTS
3 

COMPLIANCE WITH HOUSE RULE XIII AND

CONGRESSIONAL BUDGET ACT

1. Cost of Legislation and the Congressional Budget Act. With respect to the requirements of clause 3(c)(2) and (3) of rule XIII of 

the Rules of the House of Representatives and sections 308(a) and 

402 of the Congressional Budget Act of 1974, the Committee has 

requested but not received a cost estimate for the bill from the Director of the Congressional Budget Office. 

2. General Performance Goals and Objectives. As required by 

clause 3(c)(4) of rule XIII, the general performance goal or objective 

of this bill is to amend the Western and Central Pacific Fisheries 

Convention Implementation Act to limit the imposition of penalties 

against a person fishing on the United States flag fishing vessel in 

certain areas of the Pacific Ocean based on a report by an observer 

on such a vessel. 

EARMARK STATEMENT

This bill does not contain any Congressional earmarks, limited 

tax benefits, or limited tariff benefits as defined under clause 9(e), 

9(f), and 9(g) of rule XXI of the Rules of the House of Representatives. 

COMPLIANCE WITH PUBLIC LAW 104–4 

This bill contains no unfunded mandates. 

COMPLIANCE WITH H. RES. 5 

Directed Rule Making. This bill does not contain any directed 

rule makings. 

Duplication of Existing Programs. This bill does not establish or 

reauthorize a program of the federal government known to be duplicative of another program. Such program was not included in 

any report from the Government Accountability Office to Congress 

pursuant to section 21 of Public Law 111–139 or identified in the 

most recent Catalog of Federal Domestic Assistance published pursuant to the Federal Program Information Act (Public Law 95–220, 

as amended by Public Law 98–169) as relating to other programs. 

PREEMPTION OF STATE, LOCAL OR TRIBAL LAW

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

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (new matter is printed in italic 

and existing law in which no change is proposed is shown in 

roman): 

WESTERN AND CENTRAL PACIFIC FISHERIES 

CONVENTION IMPLEMENTATION ACT 

* * * * * * * 


SSpencer on DSKBBXCHB2PROD with REPORTS
4 

TITLE V—IMPLEMENTATION OF WESTERN AND CENTRAL PACIFIC FISHERIES CONVENTION 

* * * * * * * 

SEC. 507. PROHIBITED ACTS. 

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

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

permit issued pursuant to this title; 

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

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

permit issued pursuant to this title; 

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

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

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

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

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

interfere with any such authorized officer in the conduct of any 

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

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

title; 

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

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

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

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

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

other person has committed any chapter prohibited by this section; 

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

information (including false information regarding the capacity 

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

fishery that will be harvested by fishery vessels of the United 

States), regarding any matter that the Secretary is considering 

in the course of carrying out this title; 

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

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

Marine Fisheries Service or under contract to any person to 

carry out responsibilities under this title; 

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

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

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

or retained in violation of such regulations; 

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

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


SSpencer on DSKBBXCHB2PROD with REPORTS
5 

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

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

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

species subject to regulation pursuant to a recommendation, 

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

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

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

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

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

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

section 506(a) of this title. 

(c) LIMITATION ON ENFORCEMENT BASED ON OBSERVER RE- PORTS.—No person fishing on a United States flag fishing vessel in 

the Convention Area shall be subject to any penalty under this Act 

or any other law or regulation applicable to such vessels based on 

a report by an observer on such a vessel, unless— 

(1) the observer report is provided to the captain and the 

owner of the vessel within 60 days after the end of the fishing 

trip; and 

(2) any enforcement action based on such report is brought 

within one year after the end of the fishing trip. 

* * * * * * * 


SSpencer on DSKBBXCHB2PROD with REPORTS
(6) 

DISSENTING VIEWS 

H.R. 5025 amends the Western and Central Pacific Fisheries 

Convention Implementation Act to make it more difficult to penalize a person for violating the Act. Specifically, H.R. 5025 limits the 

ability of NOAA law enforcement to bring charges against a person 

fishing on a United States flagged fishing vessel in the Convention 

area based on a report by a fisheries observer. 

Fishery observers play an integral role in managing our nation’s 

robust fisheries. They are highly trained biological scientists who 

gather data to support fishery conservation, management, and ensure compliance with fishing and safety regulations. 

H.R. 5025 would only allow a penalty to apply if the observer report is provided to the captain and the owner of the vessel within 

60 days after the end of the fishing trip and any enforcement action based on the report is brought within one year after the end 

of the fishing trip. 

This bill is problematic because it often takes more than a year 

to bring enforcement action due to the lack of resources and the 

amount of time it takes to conduct a thorough investigation considering the international and transnational nature of the fleet. In addition, the information provided by the observer could not be used 

for a repeat offender if violations occur more than a year apart 

making it more difficult to go after the worst offenders. For these 

reasons, we oppose the bill as reported. 

RAU ́ L M. GRIJALVA, 

Ranking Member, Committee 

on Natural Resources. 

ALAN LOWENTHAL. 

GRACE F. NAPOLITANO. 

JARED HUFFMAN. 

Æ 


SSpencer on DSKBBXCHB2PROD with REPORTS