II 

Calendar No. 168 

114TH CONGRESS 

1ST SESSION S. 1334 

To strengthen enforcement mechanisms to stop illegal, unreported, and unregulated fishing, to amend the Tuna Conventions Act of 1950 to implement the Antigua Convention, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 13, 2015 

Ms. MURKOWSKI (for herself, Mr. SULLIVAN, Mr. SCHATZ, Ms. CANTWELL, 

Mr. MARKEY, and Mr. WHITEHOUSE) introduced the following bill; which 

was read twice and referred to the Committee on Commerce, Science, and 

Transportation 

JULY 28, 2015 

Reported by Mr. THUNE, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To strengthen enforcement mechanisms to stop illegal, unreported, and unregulated fishing, to amend the Tuna Conventions Act of 1950 to implement the Antigua Convention, and for other purposes. 

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

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1 SECTION 1. SHORT TITLE. 

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

3 and Unregulated Fishing Enforcement Act of 2015’’. 

4 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—STRENGTHENING FISHERIES ENFORCEMENT 

MECHANISMS 

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

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

Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992. 

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

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

Sec. 106. Amendments to the Antarctic Marine Living Resources Convention 

Act. 

Sec. 107. Amendments to the Atlantic Tunas Convention Act. 

Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965. 

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

Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982. 

Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act of 

1995. 

Sec. 112. Amendment to the Magnuson-Stevens Fishery Conservation and 

Management Act. 

TITLE II—IMPLEMENTATION OF THE ANTIGUA CONVENTION 

Sec. 201. Short title. 

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

Sec. 203. Definitions. 

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

Sec. 205. General Advisory Committee and Scientific Advisory Subcommittee. 

Sec. 206. Rulemaking. 

Sec. 207. Prohibited acts. 

Sec. 208. Enforcement. 

Sec. 209. Reduction of bycatch. 

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

TITLE III—AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND ELIMINATE ILLEGAL, UNREPORTED AND 

UNREGULATED FISHING 

Sec. 301. Short title. 

Sec. 302. Purpose. 

Sec. 303. Definitions. 

Sec. 304. Duties and authorities of the secretary. 

Sec. 305. Authorization or denial of port entry. 

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Sec. 306. Inspections. 

Sec. 307. Prohibited acts. 

Sec. 308. Enforcement. 

Sec. 309. International cooperation and assistance. 

Sec. 310. Relationship to other laws. 

1 TITLE I—STRENGTHENING FISH2 ERIES ENFORCEMENT MECH3 ANISMS 

4 SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

5 FISHING MORATORIUM PROTECTION ACT. 

6 (a) ADMINISTRATION AND ENFORCEMENT.— 

7 (1) IN GENERAL.—Section 606 of the High 

8 Seas Driftnet Fishing Moratorium Protection Act 

9 (16 U.S.C. 1826g) is amended by striking ‘‘The 

10 President’’ and inserting the following: 

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

12 of the department in which the Coast Guard is operating 

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

14 applies, in accordance with this section. Each such Sec15 retary may, by agreement, on a reimbursable basis or oth16 erwise, utilize the personnel services, equipment (including 

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

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

19 such duties. 

20 ‘‘(b) ACTS TO WHICH SECTION APPLIES.—This sec21 tion applies to the following Acts: 

22 ‘‘(1) The Pacific Salmon Treaty Act of 1985 

23 (16 U.S.C. 3631 et seq.). 

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1 ‘‘(2) The Dolphin Protection Consumer Infor2 mation Act (16 U.S.C. 1385). 

3 ‘‘(3) The Tuna Conventions Act of 1950 (16 

4 U.S.C. 951 et seq.). 

5 ‘‘(4) The North Pacific Anadromous Stocks Act 

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

7 ‘‘(5) The Atlantic Tunas Convention Act of 

8 1975 (16 U.S.C. 971 et seq.). 

9 ‘‘(6) The Northwest Atlantic Fisheries Conven10 tion Act of 1995 (16 U.S.C. 5601 et seq.). 

11 ‘‘(7) The Western and Central Pacific Fisheries 

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

13 seq.). 

14 ‘‘(8) The Antigua Convention Implementing Act 

15 of 2015. 

16 ‘‘(c) ADMINISTRATION AND ENFORCEMENT.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall prevent 

18 any person from violating this Act, or any Act to 

19 which this section applies, in the same manner, by 

20 the same means, and with the same jurisdiction, 

21 powers, and duties as though sections 308 through 

22 311 of the Magnuson-Stevens Fishery Conservation 

23 and Management Act (16 U.S.C. 1858, 1859, 1860, 

24 and 1861) were incorporated into and made a part 

25 of and applicable to this Act and each such Act. 

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1 ‘‘(2) INTERNATIONAL COOPERATION.—The Sec2 retary may, subject to appropriations and in the 

3 course of carrying out the Secretary’s responsibilities 

4 under the Acts to which this section applies, engage 

5 in international cooperation to help other nations 

6 combat illegal, unreported, and unregulated fishing 

7 and achieve sustainable fisheries. 

8 ‘‘(d) SPECIAL RULES.— 

9 ‘‘(1) ADDITIONAL ENFORCEMENT AUTHOR10 ITY.—In addition to the powers of officers author11 ized pursuant to subsection (c), any officer who is 

12 authorized by the Secretary, or the head of any Fed13 eral or State agency that has entered into an agree14 ment with the Secretary under subsection (a), may 

15 enforce the provisions of any Act to which this sec16 tion applies, with the same jurisdiction, powers, and 

17 duties as though section 311 of the Magnuson-Ste18 vens Fishery Conservation and Management Act (16 

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

20 part of each such Act. 

21 ‘‘(2) DISCLOSURE OF ENFORCEMENT INFORMA22 TION.— 

23 ‘‘(A) IN GENERAL.—The Secretary, subject 

24 to the data confidentiality provisions in section 

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1 servation and Management Act (16 U.S.C. 

2 1881a), may disclose, as necessary and appro3 priate, information, including information col4 lected under joint authority of the Magnuson5 Stevens Fishery Conservation and Management 

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

7 Tunas Convention Act of 1975 (16 U.S.C. 971 

8 et seq.) or the Western and Central Pacific 

9 Fisheries Convention Implementation Act (16 

10 U.S.C. 6901 et seq.) or other statutes imple11 menting international fishery agreements, to 

12 any other Federal or State government agency, 

13 the Food and Agriculture Organization of the 

14 United Nations, the secretariat or equivalent of 

15 an international fishery management organiza16 tion or arrangement made pursuant to an inter17 national fishery agreement, or a foreign govern18 ment, if— 

19 ‘‘(i) such government, organization, or 

20 arrangement has policies and procedures to 

21 protect such information from unintended 

22 or unauthorized disclosure; and 

23 ‘‘(ii) such disclosure is necessary— 

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1 ‘‘(I) to ensure compliance with 

2 any law or regulation enforced or ad3 ministered by the Secretary; 

4 ‘‘(II) to administer or enforce 

5 any international fishery agreement to 

6 which the United States is a party; 

7 ‘‘(III) to administer or enforce a 

8 binding conservation measure adopted 

9 by any international organization or 

10 arrangement to which the United 

11 States is a party; 

12 ‘‘(IV) to assist in any investiga13 tive, judicial, or administrative en14 forcement proceeding in the United 

15 States; or 

16 ‘‘(V) to assist in any law enforce17 ment action undertaken by a law en18 forcement agency of a foreign govern19 ment, or in relation to a legal pro20 ceeding undertaken by a foreign gov21 ernment to the extent the enforcement 

22 action is consistent with rules and 

23 regulations of a regional fishery man24 agement organization that the United 

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1 retary has determined that the en2 forcement action is consistent with the 

3 requirements under Federal law for 

4 enforcement actions with respect to il5 legal, unreported, and unregulated 

6 fishing. 

7 ‘‘(B) DATA CONFIDENTIALITY PROVISIONS

8 NOT APPLICABLE.—The data confidentiality 

9 provisions of section 402 of the Magnuson-Ste10 vens Fishery Conservation and Management 

11 Act (16 U.S.C. 1881a) shall not apply with re12 spect to this Act with respect to— 

13 ‘‘(i) any obligation of the United 

14 States to share information under a Re15 gional Fishery Management Organization 

16 to which the United States is a party; or 

17 ‘‘(ii) with respect to any information 

18 collected by the Secretary regarding for19 eign vessels. 

20 ‘‘(e) PROHIBITED ACTS.—It is unlawful for any per21 son— 

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

23 regulation or permit issued pursuant to this Act; 

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

25 to enforce the provisions of this Act to board, 

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1 search, or inspect a vessel, subject to such person’s 

2 control for the purposes of conducting any search, 

3 investigation, or inspection in connection with the 

4 enforcement of this Act, any regulation promulgated 

5 under this Act, or any Act to which this section ap6 plies; 

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

8 intimidate, or interfere with any such authorized of9 ficer in the conduct of any search, investigation, or 

10 inspection described in paragraph (2); 

11 ‘‘(4) to resist a lawful arrest for any act prohib12 ited by this section or any Act to which this section 

13 applies; 

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

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

16 other person, knowing that such person has com17 mitted any act prohibited by this section or any Act 

18 to which this section applies; or 

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

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

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

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

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

24 National Marine Fisheries Service or under 

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1 ities under this Act or any Act to which this 

2 section applies. 

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

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

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

6 to a permit sanction, under section 308 of the Magnuson7 Stevens Fishery Conservation and Management Act (16 

8 U.S.C. 1858). 

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

10 an act that is unlawful under paragraph (2), (3), (4), (5), 

11 or (6) of subsection (e) is deemed to be guilty of an offense 

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

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

14 1859(b)). 

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

16 The President’’. 

17 (b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF

18 INTERNATIONAL FISHERY MANAGEMENT ORGANIZA19 TIONS.—Section 608 of the High Seas Driftnet Fishing 

20 Moratorium Protection Act ( (16 U.S.C. 1826i) is amend21 ed— 

22 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

23 ‘‘The Secretary, in’’; 

24 (2) in subsection (a) (as designated by para25 graph (1) of this subsection) in the first sentence, by 

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1 inserting ‘‘, or arrangements made pursuant to an 

2 international fishery agreement,’’ after ‘‘organiza3 tions’’; and 

4 (3) by adding at the end the following new sub5 sections: 

6 ‘‘(b) DISCLOSURE OF INFORMATION.—The Sec7 retary, subject to the data confidentiality provisions in sec8 tion 402 of the Magnuson-Stevens Fishery Conservation 

9 and Management Act (16 U.S.C. 1881a), may disclose, 

10 as necessary and appropriate, information, including in11 formation collected under joint authority of the Magnu12 son-Stevens Fishery Conservation and Management Act 

13 (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Conven14 tion Act of 1975 (16 U.S.C. 971 et seq.), the Western 

15 and Central Pacific Fisheries Convention Implementation 

16 Act (16 U.S.C. 6901 et seq.), any other statute imple17 menting an international fishery agreement, to any other 

18 Federal or State government agency, the Food and Agri19 culture Organization of the United Nations, or the secre20 tariat or equivalent of an international fishery manage21 ment organization or arrangement made pursuant to an 

22 international fishery agreement, if such government, orga23 nization, or arrangement, respectively, has policies and 

24 procedures to protect such information from unintended 

25 or unauthorized disclosure. 

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

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

3 of vessels and vessel owners engaged in illegal, unre4 ported, or unregulated fishing or fishing-related ac5 tivities in support of illegal, unreported, or unregu6 lated fishing, including vessels or vessel owners iden7 tified by an international fishery management orga8 nization or arrangement made pursuant to an inter9 national fishery agreement, that— 

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

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

12 whose procedures and criteria in developing and 

13 maintaining a list of such vessels and vessel 

14 owners are substantially similar to such proce15 dures and criteria adopted pursuant to an inter16 national fishery agreement to which the United 

17 States is a party; and 

18 ‘‘(2) take appropriate action against listed ves19 sels and vessel owners, including action against fish, 

20 fish parts, or fish products from such vessels, in ac21 cordance with applicable United States law and con22 sistent with applicable international law, including 

23 principles, rights, and obligations established in ap24 plicable international fishery management agree25 ments and trade agreements. 

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

2 regulations to implement this section.’’. 

3 (c) NOTIFICATION REGARDING IDENTIFICATION OF

4 NATIONS.—Section 609(b) of the High Seas Driftnet 

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

6 is amended to read as follows: 

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

8 President and that nation of an identification made under 

9 subsection (a).’’. 

10 (d) NATIONS IDENTIFIED UNDER SECTION 610.— 

11 Section 610(b)(1) of the High Seas Driftnet Fishing Mor12 atorium Protection Act (16 U.S.C. 1826k(b)(1)) is 

13 amended to read as follows: 

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

15 and nations that have been identified under sub16 section (a), and other nations whose vessels engage 

17 in fishing activities or practices described in sub18 section (a), about the provisions of this section and 

19 this Act;’’. 

20 (e) EFFECT OF CERTIFICATION UNDER SECTION

21 609.—Section 609(d)(3)(A)(i) of the High Seas Driftnet 

22 Fishing Moratorium Protection Act (16 U.S.C. 

23 1826j(d)(3)(A)(i)) is amended by striking ‘‘that has not 

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

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1 (f) EFFECT OF CERTIFICATION UNDER SECTION

2 610.—Section 610(c)(5) of the High Seas Driftnet Fish3 ing Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) 

4 is amended by striking ‘‘that has not been certified by the 

5 Secretary under this subsection, or’’. 

6 (g) IDENTIFICATION OF NATIONS.— 

7 (1) SCOPE OF IDENTIFICATION FOR ACTIONS

8 OF FISHING VESSELS.—Section 609(a) of the High 

9 Seas Driftnet Fishing Moratorium Protection Act 

10 (16 U.S.C. 1826j(a)) is amended— 

11 (A) in the matter preceding paragraph 

12 (1)— 

13 (i) by inserting ‘‘, based on a cumu14 lative compilation and analysis of data col15 lected and provided by international fishery 

16 management organizations and other na17 tions and organizations,’’ after ‘‘shall’’; 

18 and 

19 (ii) by striking ‘‘2 years,’’ and insert20 ing ‘‘3 years,’’; 

21 (B) in paragraph (1)— 

22 (i) by inserting ‘‘that undermines the 

23 effectiveness of measures required by an 

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1 zation, taking into account whether’’ after 

2 ‘‘(1)’’; and 

3 (ii) by striking ‘‘vessels of’’. 

4 (2) ADDITIONAL GROUNDS FOR IDENTIFICA5 TION.—Section 609(a) of such Act (16 U.S.C. 

6 1826j(a)), as amended by paragraph (1), is further 

7 amended— 

8 (A) by redesignating paragraphs (1) and 

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

10 by moving the margins of such subparagraphs 

11 2 ems to the right); 

12 (B) by inserting before the first sentence 

13 the following: 

14 ‘‘(1) IDENTIFICATION FOR ACTIONS OF FISHING

15 VESSELS.—’’; and 

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

17 ‘‘(2) IDENTIFICATION FOR ACTIONS OF NA18 TION.—Taking into account the factors described 

19 under paragraph (1), the Secretary shall identify, 

20 and list in such report, a nation— 

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

22 any point during the preceding three years, con23 servation and management measures required 

24 under an international fishery management 

25 agreement to which the United States is a 

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1 party and the violations undermine the effec2 tiveness of such measures; or 

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

4 preceding 3-year period, to effectively address 

5 or regulate illegal, unreported, or unregulated 

6 fishing in areas described under paragraph 

7 (1)(B). 

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

9 Where the provisions of this Act are applicable to 

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

11 to other entities that have competency to enter into 

12 international fishery management agreements.’’. 

13 (3) PERIOD OF FISHING PRACTICES SUP14 PORTING IDENTIFICATION.—Section 610(a)(1)(A) of 

15 the High Seas Driftnet Fishing Moratorium Protec16 tion Act (16 U.S.C. 1826k(a)(1)(A)) is amended by 

17 striking ‘‘calendar year’’ and inserting ‘‘3 years’’. 

18 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

19 authorized to be appropriated to the Secretary of Com20 merce $450,000 for each of fiscal years 2015 through 

21 2019 to implement the amendments made by subsections 

22 (b) and (g). 

23 (i) TECHNICAL CORRECTIONS.— 

24 (1) SECTION 607.—Section 607(2) of the High 

25 Seas Driftnet Fishing Moratorium Protection Act 

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1 (16 U.S.C. 1826h(2)) is amended by striking ‘‘whose 

2 vessels’’ and inserting ‘‘that’’. 

3 (2) SECTION 609.—Section 609(d) of the High 

4 Seas Driftnet Fishing Moratorium Protection Act 

5 (16 U.S.C. 1826j(d)) is amended as follows: 

6 (A) In paragraph (1)— 

7 (i) in the matter preceding paragraph 

8 (1), by striking ‘‘of its fishing vessels’’; 

9 and 

10 (ii) in subparagraph (A), is amended 

11 by striking ‘‘of its fishing vessels’’. 

12 (B) In paragraph (2), in the matter pre13 ceding subparagraph (A)— 

14 (i) by striking ‘‘for certification,’’ and 

15 inserting ‘‘to authorize,’’; 

16 (ii) by inserting ‘‘the importation’’ 

17 after ‘‘or other basis’’; 

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

19 (iv) by striking ‘‘not certified under 

20 paragraph (1)’’ and inserting ‘‘issued a 

21 negative certification under paragraph 

22 (1)’’. 

23 (3) SECTION 610.—Section 610 of the High 

24 Seas Driftnet Fishing Moratorium Protection Act 

25 (16 U.S.C. 1826k) is amended as follows: 

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1 (A) In subsection (a)(1), by striking ‘‘prac2 tices;’’ and inserting ‘‘practices—’’. 

3 (B) In subsection (c)(4), by striking all 

4 preceding subparagraph (B) and inserting the 

5 following: 

6 ‘‘(4) ALTERNATIVE PROCEDURE.—The Sec7 retary may establish a procedure to authorize, on a 

8 shipment-by-shipment, shipper-by-shipper, or other 

9 basis the importation of fish or fish products from 

10 a vessel of a nation issued a negative certification 

11 under paragraph (1) if the Secretary determines 

12 that such imports were harvested by practices that 

13 do not result in bycatch of a protected marine spe14 cies, or were harvested by practices that— 

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

16 States, taking into account different conditions; 

17 and’’. 

18 SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

19 FISHERIES ENFORCEMENT ACT. 

20 (a) NEGATIVE CERTIFICATION EFFECTS.—Section 

21 101 of the High Seas Driftnet Fisheries Enforcement Act 

22 (16 U.S.C. 1826a) is amended— 

23 (1) in subsection (a)(2)— 

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1 (A) in the matter preceding subparagraph 

2 (A), by striking ‘‘recognized principles of’’ after 

3 ‘‘in accordance with’’; 

4 (B) in subparagraph (A), by striking 

5 ‘‘(1);’’ and inserting ‘‘(1) or, as appropriate, for 

6 fishing vessels of a nation that receives a nega7 tive certification under section 609(d) or section 

8 610(c) of the High Seas Driftnet Fishing Mora9 torium Protection Act (16 U.S.C. 1826j(d) and 

10 1826k(c));’’; and 

11 (C) in subparagraph (B), by inserting ‘‘, 

12 except for the purposes of inspecting such ves13 sel, conducting an investigation, or taking other 

14 appropriate enforcement action’’ before the pe15 riod at the end; and 

16 (2) in subsection (b)— 

17 (A) in paragraphs (1)(A)(i), (1)(B), and 

18 (2), by striking ‘‘or illegal, unreported, or un19 regulated fishing’’ each place that term ap20 pears; 

21 (B) in paragraph (3)(A)(i), by striking 

22 ‘‘(1)(A);’’ and inserting ‘‘(1)(A) or a negative 

23 certification under section 609(d) or section 

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1 torium Protection Act (16 U.S.C. 1826j(d) and 

2 1826k(c));’’; and 

3 (C) in paragraph (4)(A)— 

4 (i) in the matter preceding clause (i), 

5 by striking ‘‘paragraph (1),’’ and inserting 

6 ‘‘paragraph (1) or issues a negative certifi7 cation under section 609(d) or section 

8 610(c) of the High Seas Driftnet Fishing 

9 Moratorium Protection Act (16 U.S.C. 

10 1826j(d) and 1826k(c)),’’; and 

11 (ii) in clause (i)— 

12 (I) by striking ‘‘or illegal, unre13 ported, or unregulated fishing’’; and 

14 (II) by striking ‘‘nation;’’ and in15 serting ‘‘nation, or to address the of16 fending activities for which a nation 

17 received a negative certification under 

18 section 609(d) or 610(c) of the High 

19 Seas Driftnet Fishing Moratorium 

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

21 1826k(c))’’. 

22 (b) DURATION OF NEGATIVE CERTIFICATION EF23 FECTS.—Section 102 of the High Seas Driftnet Fisheries 

24 Enforcement Act (16 U.S.C. 1826b) is amended— 

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1 (1) by striking ‘‘or illegal, unreported, or un2 regulated fishing’’; and 

3 (2) by striking the period at the end and insert4 ing ‘‘or effectively addressed the offending activities 

5 for which the nation received a negative certification 

6 under 609(d) or 610(c) of the High Seas Driftnet 

7 Fishing Moratorium Protection Act (16 U.S.C. 

8 1826j(d), 1826k(c))’’. 

9 SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS 

10 STOCKS ACT OF 1992. 

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

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

13 5009) is amended— 

14 (1) in paragraph (5), by inserting ‘‘, investiga15 tion,’’ after ‘‘search’’; and 

16 (2) in paragraph (6), by inserting ‘‘, investiga17 tion,’’ after ‘‘search’’. 

18 (b) ADDITIONAL PROHIBITIONS AND ENFORCE19 MENT.—Section 811 of the Northern Pacific Anadromous 

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

21 as follows: 

22 ‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCE23 MENT. 

24 ‘‘For additional prohibitions relating to this Act and 

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

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

2 1826g).’’. 

3 SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY 

4 ACT OF 1985. 

5 Section 8 of the Pacific Salmon Treaty Act of 1985 

6 (16 U.S.C. 3637) is amended— 

7 (1) in subsection (a)— 

8 (A) in paragraph (2)— 

9 (i) by inserting ‘‘, investigation,’’ after 

10 ‘‘search’’; and 

11 (ii) by striking ‘‘this title;’’ and insert12 ing ‘‘this Act;’’; 

13 (B) in paragraph (3)— 

14 (i) by inserting ‘‘, investigation,’’ after 

15 ‘‘search’’; and 

16 (ii) by striking ‘‘subparagraph (2);’’ 

17 and inserting ‘‘paragraph (2);’’; and 

18 (C) in paragraph (5), by striking ‘‘this 

19 title; or’’ and inserting ‘‘this Act;’’; and 

20 (2) by striking subsections (b) through (f) and 

21 inserting the following: 

22 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE23 MENT.—For additional prohibitions relating to this Act 

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

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1 Seas Driftnet Fishing Moratorium Protection Act (16 

2 U.S.C. 1826g).’’. 

3 SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL 

4 PACIFIC FISHERIES CONVENTION IMPLE5 MENTATION ACT. 

6 The Western and Central Pacific Fisheries Conven7 tion Implementation Act is amended— 

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

9 6905(c)) to read as follows: 

10 ‘‘(c) ADDITIONAL PROHIBITIONS AND ENFORCE11 MENT.—For additional prohibitions relating to this Act 

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

13 Seas Driftnet Fishing Moratorium Protection Act (16 

14 U.S.C. 1826g).’’; and 

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

16 by striking ‘‘suspension, on’’ and inserting ‘‘suspen17 sion, of’’. 

18 SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIV19 ING RESOURCES CONVENTION ACT. 

20 The Antarctic Marine Living Resources Convention 

21 Act of 1984 is amended— 

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

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

24 he knows, or reasonably should have known, 

25 was’’; 

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1 (B) in paragraph (4), by inserting ‘‘, inves2 tigation,’’ after ‘‘search’’; and 

3 (C) in paragraph (5), by inserting ‘‘, inves4 tigation,’’ after ‘‘search’’; and 

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

6 (A) by inserting ‘‘(a) IN GENERAL.—’’ be7 fore ‘‘The Secretary of Commerce’’; and 

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

9 ‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION

10 MEASURES.— 

11 ‘‘(1) IN GENERAL.—Notwithstanding sub12 sections (b), (c), and (d) of section 553 of title 5, 

13 United States Code, the Secretary of Commerce may 

14 publish in the Federal Register a final regulation to 

15 implement any conservation measure for which the 

16 Secretary of State notifies the Commission under 

17 section 305(a)(1)— 

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

19 or less; 

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

21 and 

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

23 State does not notify Commission in accordance 

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

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1 allotted for objections under Article IX of the 

2 Convention. 

3 ‘‘(2) ENTERING INTO FORCE.—Upon publica4 tion of such regulation in the Federal Register, such 

5 conservation measure shall enter into force with re6 spect to the United States.’’. 

7 SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVEN8 TION ACT. 

9 The Atlantic Tunas Convention Act of 1975 is 

10 amended— 

11 (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2))— 

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

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

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

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

16 ‘‘(B) Notwithstanding the requirements of subpara17 graph (A) and subsections (b) and (c) of section 553 of 

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

19 regulations to implement Commission recommendations 

20 referred to in paragraph (1) concerning trade restrictive 

21 measures against nations or fishing entities.’’; 

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

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

24 (g) as subsection (e); 

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

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

2 and 

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

4 following: 

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

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

7 Seas Driftnet Fishing Moratorium Protection Act (16 

8 U.S.C. 1826g).’’; 

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

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

11 place it appears and inserting ‘‘enforcement activi12 ties with respect to this Act that are otherwise au13 thorized by law’’; and 

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

15 redesignating sections 12 and 13 as sections 11 and 

16 12, respectively. 

17 SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COM18 PLIANCE ACT OF 1965. 

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

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

21 follows: 

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

23 for a vessel is void if— 

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

2 for the vessel to fish is expired, revoked, or sus3 pended; or 

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

5 the laws of the United States or eligible for such 

6 documentation.’’. 

7 SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION 

8 CONSUMER INFORMATION ACT. 

9 The Dolphin Protection Consumer Information Act 

10 (16 U.S.C. 1385) is amended by amending subsection (e) 

11 to read as follows: 

12 ‘‘(e) ADDITIONAL PROHIBITIONS AND ENFORCE13 MENT.—For additional prohibitions relating to this Act 

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

15 Seas Driftnet Fishing Moratorium Protection Act (16 

16 U.S.C. 1826g).’’. 

17 SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HAL18 IBUT ACT OF 1982. 

19 Section 7 of the Northern Pacific Halibut Act of 

20 1982 (16 U.S.C. 773e) is amended— 

21 (1) in subsection (a) by redesignating para22 graphs (1) through (6) as subparagraphs (A) 

23 through (F); 

24 (2) by redesignating subsections (a) and (b) as 

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

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

2 inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 

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

4 inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 

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

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

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

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

9 SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC 

10 FISHERIES CONVENTION ACT OF 1995. 

11 Section 207 of the Northwest Atlantic Fisheries Con12 vention Act of 1995 (16 U.S.C. 5606) is amended— 

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

14 PENALTIES’’ and inserting ‘‘AND ENFORCE15 MENT’’; 

16 (2) in subsection (a)(2), by inserting ‘‘, inves17 tigation,’’ before ‘‘or inspection’’; 

18 (3) in subsection (a)(3), by inserting ‘‘, inves19 tigation,’’ before ‘‘or inspection’’; and 

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

21 inserting the following: 

22 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE23 MENT.—For additional prohibitions relating to this Act 

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

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1 Seas Driftnet Fishing Moratorium Protection Act (16 

2 U.S.C. 1826g).’’. 

3 SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISH4 ERY CONSERVATION AND MANAGEMENT ACT. 

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

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

7 1857(1)(Q)) is amended by inserting before the semicolon 

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

9 binding conservation measure adopted by an international 

10 agreement or organization to which the United States is 

11 a party’’. 

12 TITLE II—IMPLEMENTATION OF 

13 THE ANTIGUA CONVENTION 

14 SEC. 201. SHORT TITLE. 

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

16 Implementing Act of 2015’’. 

17 SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT 

18 OF 1950. 

19 Except as otherwise expressly provided, whenever in 

20 this title an amendment or repeal is expressed in terms 

21 of an amendment to, or repeal of, a section or other provi22 sion, the reference shall be considered to be made to a 

23 section or other provision of the Tuna Conventions Act 

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

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1 SEC. 203. DEFINITIONS. 

2 Section 2 (16 U.S.C. 951) is amended to read as fol3 lows: 

4 ‘‘SEC. 2. DEFINITIONS. 

5 ‘‘In this Act: 

6 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Anti7 gua Convention’ means the Convention for the 

8 Strengthening of the Inter-American Tropical Tuna 

9 Commission Established by the 1949 Convention 

10 Between the United States of America and the Re11 public of Costa Rica, signed at Washington, Novem12 ber 14, 2003. 

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

14 means the Inter-American Tropical Tuna Commis15 sion provided for by the Convention. 

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

17 means— 

18 ‘‘(A) the Convention for the Establishment 

19 of an Inter-American Tropical Tuna Commis20 sion, signed at Washington, May 31, 1949, by 

21 the United States of America and the Republic 

22 of Costa Rica; 

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

24 entry into force for the United States, and any 

25 amendments thereto that are in force for the 

26 United States; or 

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

2 requires. 

3 ‘‘(4) PERSON.—The term ‘person’ means an in4 dividual, partnership, corporation, or association 

5 subject to the jurisdiction of the United States. 

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

7 States’ includes all areas under the sovereignty of 

8 the United States. 

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

10 term ‘United States commissioners’ means the indi11 viduals appointed in accordance with section 3(a).’’. 

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

13 QUALIFICATIONS. 

14 Section 3 (16 U.S.C. 952) is amended to read as fol15 lows: 

16 ‘‘SEC. 3. COMMISSIONERS. 

17 ‘‘(a) COMMISSIONERS.— 

18 ‘‘(1) IN GENERAL.—The United States shall be 

19 represented on the Commission by 5 United States 

20 Commissioners. 

21 ‘‘(2) APPOINTMENT.—The President shall ap22 point individuals to serve on the Commission at the 

23 pleasure of the President. In making the appoint24 ments, the President shall select Commissioners 

25 from among individuals who are knowledgeable or 

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1 experienced concerning highly migratory fish stocks 

2 in the eastern tropical Pacific Ocean, including the 

3 following: 

4 ‘‘(A) One Commissioner shall be an officer 

5 or employee of the Department of Commerce. 

6 ‘‘(B) One Commissioner shall be the chair7 man or a member of the Western Pacific Fish8 ery Management Council. 

9 ‘‘(C) One commissioner shall be the chair10 man or a member of the Pacific Fishery Man11 agement Council. 

12 ‘‘(3) LIMITATION.—No more than two Commis13 sioners may reside in a State other than a State 

14 whose vessels maintain a substantial fishery in the 

15 area of the Convention. 

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

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

18 from time to time and for periods of time deemed appro19 priate Alternate United States Commissioners to the Com20 mission. Any Alternate United States Commissioner may 

21 exercise, at any meeting of the Commission or of the Gen22 eral Advisory Committee or Scientific Advisory Sub23 committee established pursuant to section 4(b), all powers 

24 and duties of a United States Commissioner in the ab25 sence of any United States Commissioner appointed purmstockstill on DSK4VPTVN1PROD with BILLS

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1 suant to subsection (a) of this section for whatever reason. 

2 The number of such Alternate United States Commis3 sioners that may be designated for any such meeting shall 

4 be limited to the number of United States Commissioners 

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

6 will not be present at such meeting. 

7 ‘‘(c) ADMINISTRATIVE MATTERS.— 

8 ‘‘(1) EMPLOYMENT STATUS.—Individuals serv9 ing as United States Commissioners, other than offi10 cers or employees of the United States Government, 

11 shall not be considered Federal employees except for 

12 the purposes of injury compensation or tort claims 

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

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

15 States Code. 

16 ‘‘(2) COMPENSATION.—The United States Com17 missioners or Alternate Commissioners, although of18 ficers of the United States while so serving, shall re19 ceive no compensation for their services as United 

20 States Commissioners or Alternate Commissioners. 

21 ‘‘(3) TRAVEL EXPENSES.— 

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

23 necessary travel expenses of United States 

24 Commissioners and Alternate United States 

25 Commissioners to meetings of the Inter-Amermstockstill on DSK4VPTVN1PROD with BILLS

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1 ican Tropical Tuna Commission and other 

2 meetings the Secretary of State deems nec3 essary to fulfill their duties, in accordance with 

4 the Federal Travel Regulations and sections 

5 5701, 5702, 5704 through 5708, and 5731 of 

6 title 5, United States Code. 

7 ‘‘(B) The Secretary may reimburse the 

8 Secretary of State for amounts expended by the 

9 Secretary of State under this subsection. 

10 ‘‘(d) SUPERVISION.—United States Commissioners 

11 and alternative commissioners shall be subject to the su12 pervision of the Secretary of Commerce.’’. 

13 SEC. 205. GENERAL ADVISORY COMMITTEE AND SCI14 ENTIFIC ADVISORY SUBCOMMITTEE. 

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

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

17 following: 

18 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

19 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; 

20 COMPENSATION.— 

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

22 the Secretary of State, shall appoint a General 

23 Advisory Committee which shall consist of not 

24 more than 25 individuals who shall be rep25 resentative of the various groups concerned 

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1 with the fisheries covered by the Convention, in2 cluding nongovernmental conservation organiza3 tions, providing to the maximum extent prac4 ticable an equitable balance among such groups. 

5 Members of the General Advisory Committee 

6 will be eligible to participate as members of the 

7 United States delegation to the Commission 

8 and its working groups to the extent the Com9 mission rules and space for delegations allow. 

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

11 Management Council’s Advisory Subpanel for 

12 Highly Migratory Fisheries and the chair of the 

13 Western Pacific Fishery Management Council’s 

14 Advisory Committee shall be ex-officio members 

15 of the General Advisory Committee by virtue of 

16 their positions in those Councils. 

17 ‘‘(C) Each member of the General Advi18 sory Committee appointed under subparagraph 

19 (A) shall serve for a term of 3 years and is eli20 gible for reappointment. 

21 ‘‘(D) The General Advisory Committee 

22 shall be invited to attend all non-executive 

23 meetings of the United States delegation and at 

24 such meetings shall be given opportunity to ex25 amine and to be heard on all proposed promstockstill on DSK4VPTVN1PROD with BILLS

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1 grams of investigation, reports, recommenda2 tions, and regulations of the Commission. 

3 ‘‘(E) The General Advisory Committee 

4 shall determine its organization, and prescribe 

5 its practices and procedures for carrying out its 

6 functions under this title, the Magnuson-Ste7 vens Fishery Conservation and Management 

8 Act (16 U.S.C. 1801 et seq.), and the Conven9 tion. The General Advisory Committee shall 

10 publish and make available to the public a 

11 statement of its organization, practices and pro12 cedures. Meetings of the General Advisory Com13 mittee, except when in executive session, shall 

14 be open to the public, and prior notice of meet15 ings shall be made public in timely fashion. The 

16 General Advisory Committee shall not be sub17 ject to the Federal Advisory Committee Act (5 

18 U.S.C. App.). 

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

20 and the Secretary of State shall furnish the General 

21 Advisory Committee with relevant information con22 cerning fisheries and international fishery agree23 ments. 

24 ‘‘(3) ADMINISTRATIVE MATTERS.— 

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

2 General Advisory Committee in a timely man3 ner such administrative and technical support 

4 services as are necessary for its effective func5 tioning. 

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

7 member of the General Advisory Committee— 

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

9 away from their homes or regular places of 

10 business to attend meetings of the General 

11 Advisory Committee shall be allowed travel 

12 expenses, including per diem in lieu of sub13 sistence, in the same manner as persons 

14 employed intermittently in the Government 

15 service are allowed expenses under section 

16 5703 of title 5, United States Code; and 

17 ‘‘(ii) shall not be considered Federal 

18 employees except for the purposes of injury 

19 compensation or tort claims liability as 

20 provided in chapter 81 of title 5, United 

21 States Code, and chapter 171 of title 28, 

22 United States Code.’’; 

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

24 precedes paragraph (2) and inserting the following: 

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

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

3 shall appoint a Scientific Advisory Subcommittee of not 

4 less than 5 nor more than 15 qualified scientists with bal5 anced representation from the public and private sectors, 

6 including nongovernmental conservation organizations.’’; 

7 and 

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

9 Advisory Subcommittee’’ and inserting ‘‘General Ad10 visory Committee’’. 

11 SEC. 206. RULEMAKING. 

12 Section 6 (16 U.S.C. 955) is amended to read as fol13 lows: 

14 ‘‘SEC. 6. RULEMAKING. 

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

16 with the Secretary of State and, with respect to enforce17 ment measures, the Secretary of the Department in which 

18 the Coast Guard is operating, may promulgate such regu19 lations as may be necessary to carry out the United States 

20 international obligations under the Convention and this 

21 Act, including recommendations and decisions adopted by 

22 the Commission. In cases where the Secretary has discre23 tion in the implementation of one or more measures adopt24 ed by the Commission that would govern fisheries under 

25 the authority of a Regional Fishery Management Council, 

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1 the Secretary may, to the extent practicable within the im2 plementation schedule of the Convention and any rec3 ommendations and decisions adopted by the Commission, 

4 promulgate such regulations as may be necessary to carry 

5 out the United States international obligations under the 

6 Convention and this Act, in accordance with the proce7 dures established by the Magnuson-Stevens Fishery Con8 servation and Management Act (16 U.S.C. 1801 et seq.). 

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

10 regulations as may be necessary to carry out the United 

11 States international obligations under the Convention and 

12 this Act, applicable to all vessels and persons subject to 

13 the jurisdiction of the United States, including United 

14 States flag vessels wherever they may be operating, on 

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

16 SEC. 207. PROHIBITED ACTS. 

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

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

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

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

21 ‘‘(i) ADDITIONAL PROHIBITIONS AND ENFORCE22 MENT.—For prohibitions relating to this Act and enforce23 ment of this Act, see section 606 of the High Seas 

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

25 1826g).’’. 

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1 SEC. 208. ENFORCEMENT. 

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

3 follows: 

4 ‘‘SEC. 10. ENFORCEMENT. 

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

6 High Seas Driftnet Fishing Moratorium Protection Act 

7 (16 U.S.C. 1826g).’’. 

8 SEC. 209. REDUCTION OF BYCATCH. 

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

10 ‘‘vessel’’ and inserting ‘‘vessels’’. 

11 SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

12 ACT OF 1984. 

13 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

15 TITLE III—AGREEMENT ON 

16 PORT STATE MEASURES TO 

17 PREVENT, DETER AND ELIMI18 NATE ILLEGAL, UNREPORTED 

19 AND UNREGULATED FISHING 

20 SEC. 301. SHORT TITLE. 

21 This title may be cited as the ‘‘Port State Measures 

22 Agreement Act of 2015’’. 

23 SEC. 302. PURPOSE. 

24 The purpose of this title is to implement the Agree25 ment on Port State Measures to Prevent, Deter and 

26 Eliminate Illegal, Unreported and Unregulated Fishing. 

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1 SEC. 303. DEFINITIONS. 

2 In this title: 

3 (1) AGREEMENT.—The term ‘‘Agreement’’ 

4 means the Agreement on Port State Measures to 

5 Prevent, Deter and Eliminate Illegal, Unreported 

6 and Unregulated Fishing, done at the Food and Ag7 riculture Organization of the United Nations, in 

8 Rome, Italy, November 22, 2009, and signed by the 

9 United States November 22, 2009. 

10 (2) FISH.—The term ‘‘fish’’ means finfish, mol11 lusks, crustaceans, and all other forms of marine 

12 animal and plant life other than marine mammals 

13 and birds. 

14 (3) FISHING.—The term ‘‘fishing’’— 

15 (A) except as provided in subparagraph 

16 (B), means— 

17 (i) the catching, taking, or harvesting 

18 of fish; 

19 (ii) the attempted catching, taking, or 

20 harvesting of fish; 

21 (iii) any other activity which can rea22 sonably be expected to result in the catch23 ing, taking, or harvesting of fish; or 

24 (iv) any operations at sea in support 

25 of, or in preparation for, any activity de26 scribed in clauses (i) through (iii). 

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1 (B) does not include any scientific research 

2 activity that is conducted by a scientific re3 search vessel. 

4 (4) IUU FISHING.—The term ‘‘IUU fishing’’ 

5 means any activity set out in paragraph 3 of the 

6 2001 FAO International Plan of Action to Prevent, 

7 Deter and Eliminate Illegal, Unreported and Un8 regulated Fishing. 

9 (5) LISTED IUU VESSEL.—The term ‘‘listed 

10 IUU vessel’’ means a vessel that is included in a list 

11 of vessels having engaged in IUU fishing or fishing12 related activities in support of IUU fishing that has 

13 been adopted by a regional fisheries management or14 ganization of which the United States is a member, 

15 or a list adopted by a regional fisheries management 

16 organization of which the United States is not a 

17 member if the Secretary determines the criteria used 

18 by that organization to create the IUU list is com19 parable to criteria adopted by RFMOs of which the 

20 United States is a member for identifying IUU ves21 sels and activities. 

22 (6) MAGNUSON-STEVENS ACT.—The term 

23 ‘‘Magnuson-Stevens Act’’ means the Magnuson-Ste24 vens Fishery Conservation and Management Act (16 

25 U.S.C. 1801 et seq.). 

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1 (7) PERSON.—The term ‘‘person’’ has the same 

2 meaning as that term has in section 3 of the Magnu3 son-Stevens Act (16 U.S.C. 1802). 

4 (8) RFMO; REGIONAL FISHERIES MANAGE5 MENT ORGANIZATION.—The terms ‘‘RFMO’’ and 

6 ‘‘regional fisheries management organization’’ mean 

7 a regional fisheries management organization (as 

8 that term is defined by the United Nations Food 

9 and Agriculture Organization Agreement on Port 

10 State Measures to Prevent, Deter and Eliminate Il11 legal, Unreported and Unregulated Fishing) that is 

12 recognized by the United States. 

13 (9) SECRETARY.—The term ‘‘Secretary’’ means 

14 the Secretary of Commerce. 

15 (10) VESSEL.—The term ‘‘vessel’’ means any 

16 vessel, ship of another type, or boat used for, 

17 equipped to be used for, or intended to be used for, 

18 fishing or fishing-related activities, including con19 tainer vessels that are carrying fish that have not 

20 been previously landed. 

21 SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY. 

22 (a) REGULATIONS.—The Secretary may, as needed, 

23 promulgate such regulations, in accordance with section 

24 553 of title 5, United States Code, and consistent with 

25 the provisions of this title, as may be necessary to carry 

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1 out the purposes of this title to the extent that such regu2 lations are not already promulgated. 

3 (b) PORTS OF ENTRY.—The Secretary, in consulta4 tion with the Secretary of Homeland Security and, when 

5 the Coast Guard is not operating in the Department of 

6 Homeland Security, the Secretary of the department in 

7 which the Coast Guard is operating, may designate and 

8 publicize the ports to which vessels may seek entry. No 

9 port may be designated under this section that has not 

10 also been designated as a port of entry for customs report11 ing purposes pursuant to section 1433 of title 19, United 

12 States Code, or that is not specified under an existing 

13 international fisheries agreement. 

14 (c) NOTIFICATION.—The Secretary shall provide no15 tification of the denial of port entry or the use of port 

16 services for a vessel under section 305, the withdrawal of 

17 the denial of port services for a foreign vessel, the taking 

18 of enforcement action pursuant to section 306 with respect 

19 to a foreign vessel, or the results of any inspection of a 

20 foreign vessel conducted pursuant to this title to the flag 

21 nation of the vessel and, as appropriate, to the nation of 

22 which the vessel’s master is a national, relevant coastal 

23 nations, RFMOs, the Food and Agriculture Organization 

24 of the United Nations, and other relevant international or25 ganizations. 

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1 (d) CONFIRMATION THAT FISH WERE TAKEN IN AC2 CORDANCE WITH CONSERVATION AND MANAGEMENT

3 MEASURES.—The Secretary may request confirmation 

4 from the flag state of a foreign vessel that the fish on 

5 board a foreign vessel in a port subject to the jurisdiction 

6 of the United States were taken in accordance with appli7 cable RFMO conservation and management measures. 

8 SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY. 

9 (a) SUBMISSION OF INFORMATION REQUIRED

10 UNDER AGREEMENT.—All foreign vessels seeking entry to 

11 a port subject to the jurisdiction of the United States must 

12 submit to the Secretary of the department in which the 

13 Coast Guard is operating information as required under 

14 the Agreement in advance of its arrival in port. 

15 (b) DECISION TO AUTHORIZE OR DENY PORT

16 ENTRY.—The Secretary shall decide, based on the infor17 mation submitted under subsection (a), whether to author18 ize or deny port entry and shall communicate this decision 

19 to the foreign vessel or to its representative. The Secretary 

20 may deny entry to— 

21 (1) any foreign-listed IUU vessel; or 

22 (2) any foreign vessel the Secretary has reason23 able grounds to believe has engaged in IUU fishing 

24 or fishing-related activities in support of such fishing 

25 or has violated the Act. 

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1 (c) DENIAL OF USE OF PORT.—If a foreign vessel 

2 is in a port subject to the jurisdiction of the United States, 

3 the Secretary shall deny such vessel the use of the port 

4 for landing, transshipment, packaging and processing of 

5 fish, refueling, resupplying, maintenance and drydocking, 

6 if— 

7 (1) the vessel entered without authorization 

8 under subsection (b); 

9 (2) the vessel is a listed IUU vessel; 

10 (3) the flag nation of the vessel has failed to 

11 provide confirmation requested by the Secretary that 

12 the fish on board were taken in accordance with ap13 plicable RFMO conservation and management meas14 ures; or 

15 (4) the Secretary has reasonable grounds to be16 lieve— 

17 (A) the vessel lacks valid authorizations to 

18 engage in fishing or fishing-related activities as 

19 required by its flag nation or the relevant coast20 al nation; 

21 (B) the fish on board were taken in viola22 tion of foreign law or in contravention of any 

23 RFMO conservation and management measure; 

24 or 

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1 (C) the vessel has engaged in IUU fishing 

2 or fishing-related activities in support of such 

3 fishing, including in support of a listed IUU 

4 vessel, unless it can establish that— 

5 (i) it was acting in a manner con6 sistent with applicable RFMO conservation 

7 and management measures; or 

8 (ii) in the case of the provision of per9 sonnel, fuel, gear, and other supplies at 

10 sea, the vessel provisioned was not, at the 

11 time of provisioning, a listed IUU vessel. 

12 (d) EXCEPTIONS.—Notwithstanding subsections (b) 

13 and (c), the Secretary may allow port entry or the use 

14 of port services— 

15 (1) if they are essential to the safety or health 

16 of the crew or safety of the vessel; 

17 (2) to allow, where appropriate, for the scrap18 ping of the vessel; or 

19 (3) pursuant to an inspection or other enforce20 ment action. 

21 SEC. 306. INSPECTIONS. 

22 The Secretary, and the Secretary of the department 

23 in which the Coast Guard is operating, shall conduct for24 eign vessel inspections in ports subject to the jurisdiction 

25 of the United States as necessary to achieve the purposes 

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1 of the Agreement and this title. If, following an inspection, 

2 the Secretary has reasonable grounds to believe that a for3 eign vessel has engaged in IUU fishing or fishing-related 

4 activities in support of such fishing, the Secretary may 

5 take enforcement action under this title or other applicable 

6 law, and shall deny the vessel the use of port services, in 

7 accordance with section 305. 

8 SEC. 307. PROHIBITED ACTS. 

9 It is unlawful for any person subject to the jurisdic10 tion of the United States— 

11 (1) to violate any provision of this title or the 

12 regulations issued under this title; 

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

14 board, search, or inspect a vessel that is subject to 

15 the person’s control in connection with the enforce16 ment of this title or the regulations issued under 

17 this title; 

18 (3) to submit false information pursuant to any 

19 requirement under this title or the regulations issued 

20 under this title; or 

21 (4) to commit any offense enumerated in para22 graph (4), (5), (7) or (9) of section 707(a) of the 

23 Western and Central Pacific Fisheries Convention 

24 Implementation Act (16 U.S.C. 6906(a)). 

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1 SEC. 308. ENFORCEMENT. 

2 (a) EXISTING AUTHORITIES AND RESPONSIBIL3 ITIES.— 

4 (1) AUTHORITIES AND RESPONSIBILITIES.— 

5 The authorities and responsibilities under sub6 sections (a), (b), and (c) of section 311 and sub7 section (f) of section 308 of the Magnuson-Stevens 

8 Act (16 U.S.C. 1861, 1858) and paragraphs (2), 

9 (3), and (7) of section 310(b) of the Antarctic Ma10 rine Living Resources Convention Act of 1984 (16 

11 U.S.C. 2439(b)) shall apply with respect to enforce12 ment of this title. 

13 (2) INCLUDED VESSELS.—For purposes of en14 forcing this title, any reference in such paragraphs 

15 and subsections to a ‘‘vessel’’ or ‘‘fishing vessel’’ in16 cludes all vessels as defined in section 303 of this 

17 title. 

18 (3) APPLICATION OF OTHER PROVISIONS.— 

19 Such paragraphs and subsections apply to violations 

20 of this title and any regulations promulgated under 

21 this title. 

22 (b) CIVIL ENFORCEMENT.— 

23 (1) CIVIL ADMINISTRATIVE PENALTIES.— 

24 (A) IN GENERAL.—Any person who is 

25 found by the Secretary (after notice and oppor26 tunity for a hearing in accordance with section 

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1 554 of title 5, United States Code) to have 

2 committed an act prohibited under section 307 

3 shall be liable to the United States for a civil 

4 penalty. The amount of the civil penalty shall 

5 be consistent with the amount under section 

6 308(a) of the Magnuson-Stevens Act (16 U.S.C. 

7 1858(a)). 

8 (B) COMPROMISE OR OTHER ACTION BY

9 SECRETARY.—The Secretary shall have the 

10 same authority as provided in section 308(e) of 

11 the Magnuson-Stevens Act (16 U.S.C. 1858(e)) 

12 with respect to a violation of this Act. 

13 (2) IN REM JURISDICTION.—For purposes of 

14 this title, the conditions for in rem liability shall be 

15 consistent with section 308(d) of the Magnuson-Ste16 vens Act (16 U.S.C. 1858(d)). 

17 (3) ACTION UPON FAILURE TO PAY ASSESS18 MENT.—If any person fails to pay an assessment of 

19 a civil penalty under this title after it has become a 

20 final and unappealable order, or after the appro21 priate court has entered final judgment in favor of 

22 the Secretary, the Secretary shall refer the matter to 

23 the Attorney General, who shall recover the amount 

24 assessed in any appropriate district court of the 

25 United States. In such action, the validity and apmstockstill on DSK4VPTVN1PROD with BILLS

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1 propriateness of the final order imposing the civil 

2 penalty shall not be subject to review. 

3 (c) FORFEITURE.— 

4 (1) IN GENERAL.—Any foreign vessel (including 

5 its fishing gear, furniture, appurtenances, stores, 

6 and cargo) used, and any fish (or the fair market 

7 value thereof) imported or possessed in connection 

8 with or as result of the commission of any act pro9 hibited by section 307 of this title shall be subject 

10 to forfeiture under section 310 of the Magnuson-Ste11 vens Act (16 U.S.C. 1860). 

12 (2) APPLICATION OF THE CUSTOMS LAWS.—All 

13 provisions of law relating to seizure, summary judg14 ment, and judicial forfeiture and condemnation for 

15 violation of the customs laws, the disposition of the 

16 property forfeited or condemned or the proceeds 

17 from the sale thereof, the remission or mitigation of 

18 such forfeitures, and the compromise of claims shall 

19 apply to seizures and forfeitures incurred, or alleged 

20 to have been incurred, under the provisions of this 

21 title, insofar as applicable and not inconsistent with 

22 the provisions hereof. For seizures and forfeitures of 

23 property under this section by the Secretary, such 

24 duties as are imposed upon the customs officer or 

25 any other person with respect to the seizure and formstockstill on DSK4VPTVN1PROD with BILLS

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1 feiture of property under the customs law may be 

2 performed by such officers as are designated by the 

3 Secretary or, upon request of the Secretary, by any 

4 other agency that has authority to manage and dis5 pose of seized property. 

6 (3) PRESUMPTION.—For the purposes of this 

7 section there is a rebuttable presumption that all 

8 fish, or components thereof, found on board a vessel 

9 that is used or seized in connection with a violation 

10 of this title (including any regulation promulgated 

11 under this Act) were taken, obtained, or retained as 

12 a result of IUU fishing or fishing-related activities 

13 in support of IUU fishing. 

14 (d) CRIMINAL ENFORCEMENT.—Any person (other 

15 than a foreign government agency, or entity wholly owned 

16 by a foreign government) who knowingly commits an act 

17 prohibited by section 307 shall be subject to subsections 

18 (b) and (c) of section 309 of the Magnuson-Stevens Act 

19 (16 U.S.C. 1859). 

20 (e) PAYMENT OF STORAGE, CARE, AND OTHER

21 COSTS.—Any person assessed a civil penalty for, or con22 victed of, any violation of this title (including any regula23 tion promulgated under this title) and any claimant in a 

24 forfeiture action brought for such a violation, shall be lia25 ble for the reasonable costs incurred by the Secretary in 

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1 storage, care, and maintenance of any property seized in 

2 connection with the violation. 

3 SEC. 309. INTERNATIONAL COOPERATION AND ASSIST4 ANCE. 

5 (a) ASSISTANCE TO DEVELOPING NATIONS AND

6 INTERNATIONAL ORGANIZATIONS.—Consistent with exist7 ing authority and the availability of funds, the Secretary 

8 shall provide appropriate assistance to developing nations 

9 and international organizations of which such nations are 

10 members to assist those nations in meeting their obliga11 tions under the Agreement. 

12 (b) PERSONNEL, SERVICES, EQUIPMENT, AND FA13 CILITIES.—In carrying out subsection (a), the Secretary 

14 may, by agreement, on a reimbursable or nonreimbursable 

15 basis, utilize the personnel, services, equipment, and facili16 ties of any Federal, State, local, or foreign government 

17 or any entity of any such government. 

18 SEC. 310. RELATIONSHIP TO OTHER LAWS. 

19 (a) IN GENERAL.—Nothing in this title shall be con20 strued to displace any requirements imposed by the cus21 toms laws of the United States or any other laws or regu22 lations enforced or administered by the Secretary of 

23 Homeland Security. Where more stringent requirements 

24 regarding port entry or access to port services exist under 

25 other Federal law, those more stringent requirements shall 

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1 apply. Nothing in this title shall affect a vessel’s entry into 

2 port, in accordance with international law, for reasons of 

3 force majeure or distress. 

4 (b) UNITED STATES OBLIGATIONS UNDER INTER5 NATIONAL LAW.—This title shall be interpreted and ap6 plied in accordance with United States obligations under 

7 international law. 

8 SECTION 1. SHORT TITLE. 

9 This Act may be cited as the ‘‘Illegal, Unreported, and 

10 Unregulated Fishing Enforcement Act of 2015’’. 

11 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 

Sec. 2. Table of contents. 

TITLE I—STRENGTHENING FISHERIES ENFORCEMENT 

MECHANISMS 

Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium Protection 

Act. 

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

Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992. 

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

Sec. 105. Amendments to the Western and Central Pacific Fisheries Convention 

Implementation Act. 

Sec. 106. Amendments to the Antarctic Marine Living Resources Convention Act. 

Sec. 107. Amendments to the Atlantic Tunas Convention Act. 

Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965. 

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

Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982. 

Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act of 

1995. 

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

TITLE II—IMPLEMENTATION OF THE ANTIGUA CONVENTION 

Sec. 201. Short title. 

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

Sec. 203. Definitions. 

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

Sec. 205. General Advisory Committee and Scientific Advisory Subcommittee. 

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Sec. 206. Rulemaking. 

Sec. 207. Prohibited acts. 

Sec. 208. Enforcement. 

Sec. 209. Reduction of bycatch. 

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

TITLE III—AGREEMENT ON PORT STATE MEASURES TO PREVENT, 

DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING 

Sec. 301. Short title. 

Sec. 302. Purpose. 

Sec. 303. Definitions. 

Sec. 304. Duties and authorities of the Secretary. 

Sec. 305. Authorization or denial of port entry. 

Sec. 306. Inspections. 

Sec. 307. Prohibited acts. 

Sec. 308. Enforcement. 

Sec. 309. International cooperation and assistance. 

Sec. 310. Relationship to other laws. 

1 TITLE I—STRENGTHENING FISH2 ERIES ENFORCEMENT MECH3 ANISMS 

4 SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

5 FISHING MORATORIUM PROTECTION ACT. 

6 (a) ADMINISTRATION AND ENFORCEMENT.— 

7 (1) IN GENERAL.—Section 606 of the High Seas 

8 Driftnet Fishing Moratorium Protection Act (16 

9 U.S.C. 1826g) is amended by striking ‘‘The Presi10 dent’’ and inserting the following: 

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

12 of the department in which the Coast Guard is operating 

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

14 applies, in accordance with this section. Each such Sec15 retary may, by agreement, on a reimbursable basis or other16 wise, utilize the personnel services, equipment (including 

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

2 agency, and of any State agency, in the performance of such 

3 duties. 

4 ‘‘(b) ACTS TO WHICH SECTION APPLIES.—This section 

5 applies to the following Acts: 

6 ‘‘(1) The Pacific Salmon Treaty Act of 1985 (16 

7 U.S.C. 3631 et seq.). 

8 ‘‘(2) The Dolphin Protection Consumer Informa9 tion Act (16 U.S.C. 1385). 

10 ‘‘(3) The Tuna Conventions Act of 1950 (16 

11 U.S.C. 951 et seq.). 

12 ‘‘(4) The North Pacific Anadromous Stocks Act 

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

14 ‘‘(5) The Atlantic Tunas Convention Act of 1975 

15 (16 U.S.C. 971 et seq.). 

16 ‘‘(6) The Northwest Atlantic Fisheries Conven17 tion Act of 1995 (16 U.S.C. 5601 et seq.). 

18 ‘‘(7) The Western and Central Pacific Fisheries 

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

20 seq.). 

21 ‘‘(8) The Antigua Convention Implementing Act 

22 of 2015. 

23 ‘‘(c) ADMINISTRATION AND ENFORCEMENT.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall prevent 

25 any person from violating this Act, or any Act to 

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1 which this section applies, in the same manner, by 

2 the same means, and with the same jurisdiction, pow3 ers, and duties as though sections 308 through 311 of 

4 the Magnuson-Stevens Fishery Conservation and 

5 Management Act (16 U.S.C. 1858, 1859, 1860, and 

6 1861) were incorporated into and made a part of and 

7 applicable to this Act and each such Act. 

8 ‘‘(2) INTERNATIONAL COOPERATION.—The Sec9 retary may, subject to appropriations and in the 

10 course of carrying out the Secretary’s responsibilities 

11 under the Acts to which this section applies, engage 

12 in international cooperation to help other nations 

13 combat illegal, unreported, and unregulated fishing 

14 and achieve sustainable fisheries. 

15 ‘‘(d) SPECIAL RULES.— 

16 ‘‘(1) ADDITIONAL ENFORCEMENT AUTHORITY.— 

17 In addition to the powers of officers authorized pursu18 ant to subsection (c), any officer who is authorized by 

19 the Secretary, or the head of any Federal or State 

20 agency that has entered into an agreement with the 

21 Secretary under subsection (a), may enforce the provi22 sions of any Act to which this section applies, with 

23 the same jurisdiction, powers, and duties as though 

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1 servation and Management Act (16 U.S.C. 1861) were 

2 incorporated into and made a part of each such Act. 

3 ‘‘(2) DISCLOSURE OF ENFORCEMENT INFORMA4 TION.— 

5 ‘‘(A) IN GENERAL.—The Secretary, subject 

6 to the data confidentiality provisions in section 

7 402 of the Magnuson-Stevens Fishery Conserva8 tion and Management Act (16 U.S.C. 1881a), 

9 may disclose, as necessary and appropriate, in10 formation, including information collected under 

11 joint authority of the Magnuson-Stevens Fishery 

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

13 1801 et seq.) and the Atlantic Tunas Convention 

14 Act of 1975 (16 U.S.C. 971 et seq.) or the West15 ern and Central Pacific Fisheries Convention 

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

17 other statutes implementing international fishery 

18 agreements, to any other Federal or State gov19 ernment agency, the Food and Agriculture Orga20 nization of the United Nations, the secretariat or 

21 equivalent of an international fishery manage22 ment organization or arrangement made pursu23 ant to an international fishery agreement, or a 

24 foreign government, if— 

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1 ‘‘(i) such government, organization, or 

2 arrangement has policies and procedures to 

3 protect such information from unintended 

4 or unauthorized disclosure; and 

5 ‘‘(ii) such disclosure is necessary— 

6 ‘‘(I) to ensure compliance with 

7 any law or regulation enforced or ad8 ministered by the Secretary; 

9 ‘‘(II) to administer or enforce any 

10 international fishery agreement to 

11 which the United States is a party; 

12 ‘‘(III) to administer or enforce a 

13 binding conservation measure adopted 

14 by any international organization or 

15 arrangement to which the United 

16 States is a party; 

17 ‘‘(IV) to assist in any investiga18 tive, judicial, or administrative en19 forcement proceeding in the United 

20 States; or 

21 ‘‘(V) to assist in any law enforce22 ment action undertaken by a law en23 forcement agency of a foreign govern24 ment, or in relation to a legal pro25 ceeding undertaken by a foreign govmstockstill on DSK4VPTVN1PROD with BILLS

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1 ernment to the extent the enforcement 

2 action is consistent with rules and reg3 ulations of a regional fishery manage4 ment organization that the United 

5 States is a member of, or the Secretary 

6 has determined that the enforcement 

7 action is consistent with the require8 ments under Federal law for enforce9 ment actions with respect to illegal, 

10 unreported, and unregulated fishing. 

11 ‘‘(B) DATA CONFIDENTIALITY PROVISIONS

12 NOT APPLICABLE.—The data confidentiality pro13 visions of section 402 of the Magnuson-Stevens 

14 Fishery Conservation and Management Act (16 

15 U.S.C. 1881a) shall not apply with respect to 

16 this Act with respect to— 

17 ‘‘(i) any obligation of the United 

18 States to share information under a Re19 gional Fishery Management Organization 

20 to which the United States is a party; or 

21 ‘‘(ii) with respect to any information 

22 collected by the Secretary regarding foreign 

23 vessels. 

24 ‘‘(e) PROHIBITED ACTS.—It is unlawful for any per25 son— 

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

2 regulation or permit issued pursuant to this Act; 

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

4 enforce the provisions of this Act to board, search, or 

5 inspect a vessel, subject to such person’s control for the 

6 purposes of conducting any search, investigation, or 

7 inspection in connection with the enforcement of this 

8 Act, any regulation promulgated under this Act, or 

9 any Act to which this section applies; 

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

11 intimidate, or interfere with any such authorized offi12 cer in the conduct of any search, investigation, or in13 spection described in paragraph (2); 

14 ‘‘(4) to resist a lawful arrest for any act prohib15 ited by this section or any Act to which this section 

16 applies; 

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

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

19 other person, knowing that such person has committed 

20 any act prohibited by this section or any Act to which 

21 this section applies; or 

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

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

24 ‘‘(A) any observer on a vessel under this Act 

25 or any Act to which this section applies; or 

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

2 National Marine Fisheries Service or under con3 tract to any person to carry out responsibilities 

4 under this Act or any Act to which this section 

5 applies. 

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

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

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

9 to a permit sanction, under section 308 of the Magnuson10 Stevens Fishery Conservation and Management Act (16 

11 U.S.C. 1858). 

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

13 an act that is unlawful under paragraph (2), (3), (4), (5), 

14 or (6) of subsection (e) is deemed to be guilty of an offense 

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

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

17 1859(b)). 

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

19 The President’’. 

20 (2) CONFORMING AMENDMENT.—Section 308(a) 

21 of the Antarctic Marine Living Resources Convention 

22 Act of 1984 (16 U.S.C. 2437(a)) is amended to read 

23 as follows: 

24 ‘‘(a) IN GENERAL.—Any person who commits an act 

25 that is unlawful under section 306 shall be liable to the 

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

2 a permit sanction, under section 308 of the Magnuson-Ste3 vens Fishery Conservation and Management Act (16 U.S.C. 

4 1858).’’. 

5 (b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF

6 INTERNATIONAL FISHERY MANAGEMENT ORGANIZA7 TIONS.—Section 608 of the High Seas Driftnet Fishing 

8 Moratorium Protection Act (16 U.S.C. 1826i) is amended— 

9 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

10 ‘‘The Secretary, in’’; 

11 (2) in subsection (a) (as designated by para12 graph (1) of this subsection) in the first sentence, by 

13 inserting ‘‘, or arrangements made pursuant to an 

14 international fishery agreement,’’ after ‘‘organiza15 tions’’; and 

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

17 ‘‘(b) DISCLOSURE OF INFORMATION.—The Secretary, 

18 subject to the data confidentiality provisions in section 402 

19 of the Magnuson-Stevens Fishery Conservation and Man20 agement Act (16 U.S.C. 1881a), may disclose, as necessary 

21 and appropriate, information, including information col22 lected under joint authority of the Magnuson-Stevens Fish23 ery Conservation and Management Act (16 U.S.C. 1801 et 

24 seq.) and the Atlantic Tunas Convention Act of 1975 (16 

25 U.S.C. 971 et seq.), the Western and Central Pacific Fishmstockstill on DSK4VPTVN1PROD with BILLS

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1 eries Convention Implementation Act (16 U.S.C. 6901 et 

2 seq.), any other statute implementing an international fish3 ery agreement, to any other Federal or State government 

4 agency, the Food and Agriculture Organization of the 

5 United Nations, or the secretariat or equivalent of an inter6 national fishery management organization or arrangement 

7 made pursuant to an international fishery agreement, if 

8 such government, organization, or arrangement, respec9 tively, has policies and procedures to protect such informa10 tion from unintended or unauthorized disclosure. 

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

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

13 of vessels and vessel owners engaged in illegal, unre14 ported, or unregulated fishing or fishing-related ac15 tivities in support of illegal, unreported, or unregu16 lated fishing, including vessels or vessel owners identi17 fied by an international fishery management organi18 zation or arrangement made pursuant to an inter19 national fishery agreement, that— 

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

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

22 whose procedures and criteria in developing and 

23 maintaining a list of such vessels and vessel 

24 owners are substantially similar to such proce25 dures and criteria adopted pursuant to an intermstockstill on DSK4VPTVN1PROD with BILLS

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1 national fishery agreement to which the United 

2 States is a party; and 

3 ‘‘(2) take appropriate action against listed ves4 sels and vessel owners, including action against fish, 

5 fish parts, or fish products from such vessels, in ac6 cordance with applicable United States law and con7 sistent with applicable international law, including 

8 principles, rights, and obligations established in ap9 plicable international fishery management agreements 

10 and trade agreements. 

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

12 regulations to implement this section.’’. 

13 (c) NOTIFICATION REGARDING IDENTIFICATION OF NA14 TIONS.—Section 609(b) of the High Seas Driftnet Fishing 

15 Moratorium Protection Act (16 U.S.C. 1826j(b)) is amend16 ed to read as follows: 

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

18 President and that nation of an identification made under 

19 subsection (a).’’. 

20 (d) NATIONS IDENTIFIED UNDER SECTION 610.—Sec21 tion 610(b)(1) of the High Seas Driftnet Fishing Morato22 rium Protection Act (16 U.S.C. 1826k(b)(1)) is amended 

23 to read as follows: 

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

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1 section (a), and other nations whose vessels engage in 

2 fishing activities or practices described in subsection 

3 (a), about the provisions of this section and this 

4 Act;’’. 

5 (e) EFFECT OF CERTIFICATION UNDER SECTION

6 609.—Section 609(d)(3)(A)(i) of the High Seas Driftnet 

7 Fishing Moratorium Protection Act (16 U.S.C. 

8 1826j(d)(3)(A)(i)) is amended by striking ‘‘that has not 

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

10 (f) EFFECT OF CERTIFICATION UNDER SECTION

11 610.—Section 610(c)(5) of the High Seas Driftnet Fishing 

12 Moratorium Protection Act (16 U.S.C. 1826k(c)(5)) is 

13 amended by striking ‘‘that has not been certified by the Sec14 retary under this subsection, or’’. 

15 (g) IDENTIFICATION OF NATIONS.— 

16 (1) SCOPE OF IDENTIFICATION FOR ACTIONS OF

17 FISHING VESSELS.—Section 609(a) of the High Seas 

18 Driftnet Fishing Moratorium Protection Act (16 

19 U.S.C. 1826j(a)) is amended— 

20 (A) in the matter preceding paragraph 

21 (1)— 

22 (i) by inserting ‘‘, based on a cumu23 lative compilation and analysis of data col24 lected and provided by international fishery 

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1 management organizations and other na2 tions and organizations,’’ after ‘‘shall’’; 

3 (ii) by striking ‘‘fishing vessels of that 

4 nation are engaged, or have’’ and inserting 

5 ‘‘a fishing vessel of that nation is engaged 

6 or has’’; and 

7 (iii) by striking ‘‘2 years,’’ and insert8 ing ‘‘3 years,’’; and 

9 (B) in paragraph (1)— 

10 (i) by inserting ‘‘that undermines the 

11 effectiveness of measures required by an 

12 international fishery management organiza13 tion, taking into account whether’’ after 

14 ‘‘(1)’’; and 

15 (ii) by striking ‘‘vessels of’’. 

16 (2) ADDITIONAL GROUNDS FOR IDENTIFICA17 TION.—Section 609(a) of such Act (16 U.S.C. 

18 1826j(a)), as amended by paragraph (1), is further 

19 amended— 

20 (A) by redesignating paragraphs (1) and 

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

22 by moving the margins of such subparagraphs 2 

23 ems to the right); 

24 (B) by inserting before the first sentence the 

25 following: 

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1 ‘‘(1) IDENTIFICATION FOR ACTIONS OF FISHING

2 VESSELS.—’’; and 

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

4 ‘‘(2) IDENTIFICATION FOR ACTIONS OF NATION.— 

5 Taking into account the factors described under para6 graph (1), the Secretary shall identify, and list in 

7 such report, a nation— 

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

9 any point during the preceding 3 years, con10 servation and management measures required 

11 under an international fishery management 

12 agreement to which the United States is a party 

13 and the violations undermine the effectiveness of 

14 such measures; or 

15 ‘‘(B) if it is failing, or has failed in the pre16 ceding 3-year period, to effectively address or 

17 regulate illegal, unreported, or unregulated fish18 ing in areas described under paragraph (1)(B). 

19 ‘‘(3) APPLICATION TO OTHER ENTITIES.—Where 

20 the provisions of this Act are applicable to nations, 

21 they shall also be applicable, as appropriate, to other 

22 entities that have competency to enter into inter23 national fishery management agreements.’’. 

24 (3) PERIOD OF FISHING PRACTICES SUPPORTING

25 IDENTIFICATION.—Section 610(a)(1)(A) of the High 

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1 Seas Driftnet Fishing Moratorium Protection Act (16 

2 U.S.C. 1826k(a)(1)(A)) is amended by striking ‘‘cal3 endar year’’ and inserting ‘‘3 years’’. 

4 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

5 authorized to be appropriated to the Secretary of Commerce 

6 $450,000 for each of fiscal years 2015 through 2019 to im7 plement the amendments made by subsections (b) and (g). 

8 (i) TECHNICAL CORRECTIONS.— 

9 (1) SECTION 607.—Section 607(2) of the High 

10 Seas Driftnet Fishing Moratorium Protection Act (16 

11 U.S.C. 1826h(2)) is amended by striking ‘‘whose ves12 sels’’ and inserting ‘‘that’’. 

13 (2) SECTION 609.—Section 609(d) of the High 

14 Seas Driftnet Fishing Moratorium Protection Act (16 

15 U.S.C. 1826j(d)) is amended as follows: 

16 (A) In paragraph (1)— 

17 (i) in the matter preceding subpara18 graph (A), by striking ‘‘of its fishing ves19 sels’’; and 

20 (ii) in subparagraph (A), by striking 

21 ‘‘of its fishing vessels’’. 

22 (B) In paragraph (2), in the matter pre23 ceding subparagraph (A)— 

24 (i) by striking ‘‘for certification,’’ and 

25 inserting ‘‘to authorize,’’; 

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1 (ii) by inserting ‘‘the importation’’ 

2 after ‘‘or other basis’’; 

3 (iii) by striking ‘‘harvesting’’; and 

4 (iv) by striking ‘‘not certified under 

5 paragraph (1)’’ and inserting ‘‘issued a 

6 negative certification under paragraph (1)’’. 

7 (3) SECTION 610.—Section 610 of the High Seas 

8 Driftnet Fishing Moratorium Protection Act (16 

9 U.S.C. 1826k) is amended as follows: 

10 (A) In subsection (a)(1), by striking ‘‘prac11 tices;’’ and inserting ‘‘practices—’’. 

12 (B) In subsection (c)(4), by striking all pre13 ceding subparagraph (B) and inserting the fol14 lowing: 

15 ‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary 

16 may establish a procedure to authorize, on a ship17 ment-by-shipment, shipper-by-shipper, or other basis 

18 the importation of fish or fish products from a vessel 

19 of a nation issued a negative certification under 

20 paragraph (1) if the Secretary determines that such 

21 imports were harvested by practices that do not result 

22 in bycatch of a protected marine species, or were har23 vested by practices that— 

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

2 States, taking into account different conditions; 

3 and’’. 

4 SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

5 FISHERIES ENFORCEMENT ACT. 

6 (a) NEGATIVE CERTIFICATION EFFECTS.—Section 101 

7 of the High Seas Driftnet Fisheries Enforcement Act (16 

8 U.S.C. 1826a) is amended— 

9 (1) in subsection (a)(2)— 

10 (A) in the matter preceding subparagraph 

11 (A), by striking ‘‘recognized principles of’’ after 

12 ‘‘in accordance with’’; 

13 (B) in subparagraph (A), by striking ‘‘(1);’’ 

14 and inserting ‘‘(1) or, as appropriate, for fishing 

15 vessels of a nation that receives a negative cer16 tification under section 609(d) or section 610(c) 

17 of the High Seas Driftnet Fishing Moratorium 

18 Protection Act (16 U.S.C. 1826j(d) and 

19 1826k(c));’’; and 

20 (C) in subparagraph (B), by inserting ‘‘, 

21 except for the purposes of inspecting such vessel, 

22 conducting an investigation, or taking other ap23 propriate enforcement action’’ before the period 

24 at the end; and 

25 (2) in subsection (b)— 

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1 (A) in paragraphs (1)(A)(i), (1)(B), and 

2 (2), by striking ‘‘or illegal, unreported, or un3 regulated fishing’’ each place that term appears; 

4 (B) in paragraph (3)(A)(i), by striking 

5 ‘‘(1)(A);’’ and inserting ‘‘(1)(A) or a negative 

6 certification under section 609(d) or section 

7 610(c) of the High Seas Driftnet Fishing Mora8 torium Protection Act (16 U.S.C. 1826j(d) and 

9 1826k(c));’’; and 

10 (C) in paragraph (4)(A)— 

11 (i) in the matter preceding clause (i), 

12 by striking ‘‘paragraph (1),’’ and inserting 

13 ‘‘paragraph (1) or issues a negative certifi14 cation under section 609(d) or section 

15 610(c) of the High Seas Driftnet Fishing 

16 Moratorium Protection Act (16 U.S.C. 

17 1826j(d) and 1826k(c)),’’; and 

18 (ii) in clause (i)— 

19 (I) by striking ‘‘or illegal, unre20 ported, or unregulated fishing’’; and 

21 (II) by striking ‘‘nation;’’ and in22 serting ‘‘nation, or to address the of23 fending activities for which a nation 

24 received a negative certification under 

25 section 609(d) or 610(c) of the High 

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1 Seas Driftnet Fishing Moratorium 

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

3 1826k(c))’’. 

4 (b) DURATION OF NEGATIVE CERTIFICATION EF5 FECTS.—Section 102 of the High Seas Driftnet Fisheries 

6 Enforcement Act (16 U.S.C. 1826b) is amended— 

7 (1) by striking ‘‘or illegal, unreported, or un8 regulated fishing’’; and 

9 (2) by striking the period at the end and insert10 ing ‘‘or effectively addressed the offending activities 

11 for which the nation received a negative certification 

12 under 609(d) or 610(c) of the High Seas Driftnet 

13 Fishing Moratorium Protection Act (16 U.S.C. 

14 1826j(d), 1826k(c)).’’. 

15 SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS 

16 STOCKS ACT OF 1992. 

17 (a) UNLAWFUL ACTIVITIES.—Section 810 of the North 

18 Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) 

19 is amended— 

20 (1) in paragraph (5), by inserting ‘‘, investiga21 tion,’’ after ‘‘search’’; and 

22 (2) in paragraph (6), by inserting ‘‘, investiga23 tion,’’ after ‘‘search’’. 

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1 (b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.— 

2 Section 811 of the Northern Pacific Anadromous Stocks Act 

3 of 1992 (16 U.S.C. 5010) is amended to read as follows: 

4 ‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCE5 MENT. 

6 ‘‘For additional prohibitions relating to this Act and 

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

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

9 1826g).’’. 

10 SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY 

11 ACT OF 1985. 

12 Section 8 of the Pacific Salmon Treaty Act of 1985 

13 (16 U.S.C. 3637) is amended— 

14 (1) in subsection (a) 

15 (A) in paragraph (2)— 

16 (i) by inserting ‘‘, investigation,’’ after 

17 ‘‘search’’; and 

18 (ii) by striking ‘‘this title;’’ and insert19 ing ‘‘this Act;’’; 

20 (B) in paragraph (3)— 

21 (i) by inserting ‘‘, investigation,’’ after 

22 ‘‘search’’; and 

23 (ii) by striking ‘‘subparagraph (2);’’ 

24 and inserting ‘‘paragraph (2);’’; and 

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1 (C) in paragraph (5), by striking ‘‘this 

2 title; or’’ and inserting ‘‘this Act; or’’; and 

3 (2) by striking subsections (b) through (f) and 

4 inserting the following: 

5 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE6 MENT.—For additional prohibitions relating to this Act 

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

8 Seas Driftnet Fishing Moratorium Protection Act (16 

9 U.S.C. 1826g).’’. 

10 SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL 

11 PACIFIC FISHERIES CONVENTION IMPLEMEN12 TATION ACT. 

13 The Western and Central Pacific Fisheries Convention 

14 Implementation Act (16 U.S.C. 6901 et seq.) is amended— 

15 (1) in section 503(a) (16 U.S.C. 6902(a))— 

16 (A) by inserting ‘‘and commercial fishing’’ 

17 after ‘‘fish stocks’’; and 

18 (B) by striking ‘‘Department of Commerce,’’ 

19 and inserting ‘‘Federal Government,’’; 

20 (2) in section 505 (16 U.S.C. 6904)— 

21 (A) in subsection (a), by striking ‘‘The Sec22 retary,’’ and inserting the following: 

23 ‘‘(1) IN GENERAL.—The Secretary,’’; 

24 (B) by redesignating subsection (b) as para25 graph (2) and by adjusting the margin of such 

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1 paragraph, as so redesignated, two ems to the 

2 right; and 

3 (C) by adding at the end, the following: 

4 ‘‘(b) AUTHORITY TO DENY PORT PRIVILEGES OR PRO5 HIBIT FISH IMPORTS.—If the Secretary determines that an6 other Commission member with a significant harvest of fish 

7 stocks covered by the Convention, or a significant amount 

8 of fishing occurring in its waters, is not complying with 

9 the Commission’s conservation and management measures 

10 in an effective manner or in a manner comparable to com11 pliance by vessels of the United States, the Secretary, in 

12 consultation with the Secretary of State, may take action 

13 with respect to such member to deny port privileges or 

14 apply prohibitions on imports of fish and fish products in 

15 the same manner as provided for high-seas large-scale 

16 driftnet fishing in the High Seas Driftnet Fisheries En17 forcement Act (16 U.S.C. 1826a et seq.). 

18 ‘‘(c) PROHIBITION ON TRANSFER OF FISHING CAPAC19 ITY, FISHING CAPACITY RIGHTS, OR FISHING VESSELS.— 

20 The Secretary shall not make any agreement, take any ac21 tion, or promulgate any regulation which requires the 

22 transfer, to other nations or foreign entities, of the fishing 

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

24 United States or its territories.’’; 

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

2 6905(c)) to read as follows: 

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

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

6 Seas Driftnet Fishing Moratorium Protection Act (16 

7 U.S.C. 1826g).’’; and 

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

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

11 SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIV12 ING RESOURCES CONVENTION ACT. 

13 The Antarctic Marine Living Resources Convention 

14 Act of 1984 (16 U.S.C. 2431 et seq.) is amended— 

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

16 (A) in paragraph (3), by striking ‘‘which he 

17 knows, or reasonably should have known, was’’; 

18 (B) in paragraph (4), by inserting ‘‘, inves19 tigation,’’ after ‘‘search’’; and 

20 (C) in paragraph (5), by inserting ‘‘, inves21 tigation,’’ after ‘‘search’’; and 

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

23 (A) by inserting ‘‘(a) IN GENERAL.—’’ be24 fore ‘‘The Secretary of Commerce’’; and 

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

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1 ‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION

2 MEASURES.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding subsections 

4 (b), (c), and (d) of section 553 of title 5, United 

5 States Code, the Secretary of Commerce may publish 

6 in the Federal Register a final regulation to imple7 ment any conservation measure for which the Sec8 retary of State notifies the Commission under section 

9 305(a)(1)— 

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

11 or less; 

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

13 and 

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

15 State does not notify Commission in accordance 

16 with section 305(a)(1) within the time period al17 lotted for objections under Article IX of the Con18 vention. 

19 ‘‘(2) ENTERING INTO FORCE.—Upon publication 

20 of such regulation in the Federal Register, such con21 servation measure shall enter into force with respect 

22 to the United States.’’. 

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1 SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVEN2 TION ACT. 

3 The Atlantic Tunas Convention Act of 1975 (16 U.S.C. 

4 971 et seq.) is amended— 

5 (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2))— 

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

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

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

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

10 ‘‘(B) Notwithstanding the requirements of subpara11 graph (A) and subsections (b) and (c) of section 553 of title 

12 5, United States Code, the Secretary may issue final regula13 tions to implement Commission recommendations referred 

14 to in paragraph (1) concerning trade restrictive measures 

15 against nations or fishing entities.’’; 

16 (2) in section 7 (16 U.S.C. 971e) by striking sub17 sections (e) and (f) and redesignating subsection (g) 

18 as subsection (e); 

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

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

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

22 following: 

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

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

25 Seas Driftnet Fishing Moratorium Protection Act (16 

26 U.S.C. 1826g).’’; 

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

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

3 place it appears and inserting ‘‘enforcement activities 

4 with respect to this Act that are otherwise authorized 

5 by law’’; and 

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

7 redesignating sections 12 (16 U.S.C. 971k) and 13 

8 (16 U.S.C. 971 note) as sections 11 and 12, respec9 tively. 

10 SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COM11 PLIANCE ACT OF 1965. 

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

13 Act of 1995 (16 U.S.C. 5503(f)) is amended to read as fol14 lows: 

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

16 a vessel is void if— 

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

18 for the vessel to fish is expired, revoked, or suspended; 

19 or 

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

21 laws of the United States or eligible for such docu22 mentation.’’. 

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1 SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION 

2 CONSUMER INFORMATION ACT. 

3 The Dolphin Protection Consumer Information Act 

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

5 to read as follows: 

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

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

9 Seas Driftnet Fishing Moratorium Protection Act (16 

10 U.S.C. 1826g).’’. 

11 SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HAL12 IBUT ACT OF 1982. 

13 Section 7 of the Northern Pacific Halibut Act of 1982 

14 (16 U.S.C. 773e) is amended— 

15 (1) in subsection (a) by redesignating para16 graphs (1) through (6) as subparagraphs (A) through 

17 (F); 

18 (2) by redesignating subsections (a) and (b) as 

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

20 (3) in paragraph (1)(B), as redesignated, by in21 serting ‘‘, investigation,’’ before ‘‘or inspection’’; 

22 (4) in paragraph (1)(C), as redesignated, by in23 serting ‘‘, investigation,’’ before ‘‘or inspection’’; and 

24 (5) in paragraph (1)(F), as redesignated, by 

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

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1 SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC 

2 FISHERIES CONVENTION ACT OF 1995. 

3 Section 207 of the Northwest Atlantic Fisheries Con4 vention Act of 1995 (16 U.S.C. 5606) is amended— 

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

6 PENALTIES’’ and inserting ‘‘AND ENFORCE7 MENT’’; 

8 (2) in subsection (a)(2), by inserting ‘‘, inves9 tigation,’’ before ‘‘or inspection’’; 

10 (3) in subsection (a)(3), by inserting ‘‘, inves11 tigation,’’ before ‘‘or inspection’’; and 

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

13 inserting the following: 

14 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE15 MENT.—For additional prohibitions relating to this Act 

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

17 Seas Driftnet Fishing Moratorium Protection Act (16 

18 U.S.C. 1826g).’’. 

19 SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISH20 ERY CONSERVATION AND MANAGEMENT ACT. 

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

22 Conservation and Management Act (16 U.S.C. 1857(1)(Q)) 

23 is amended by inserting before the semicolon the following: 

24 ‘‘or any treaty or in contravention of any binding conserva25 tion measure adopted by an international agreement or or26 ganization to which the United States is a party’’. 

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1 TITLE II—IMPLEMENTATION OF 

2 THE ANTIGUA CONVENTION 

3 SEC. 201. SHORT TITLE. 

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

5 Implementing Act of 2015’’. 

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

7 1950. 

8 Except as otherwise expressly provided, whenever in 

9 this title an amendment or repeal is expressed in terms of 

10 an amendment to, or repeal of, a section or other provision, 

11 the reference shall be considered to be made to a section or 

12 other provision of the Tuna Conventions Act of 1950 (16 

13 U.S.C. 951 et seq.). 

14 SEC. 203. DEFINITIONS. 

15 Section 2 (16 U.S.C. 951) is amended to read as fol16 lows: 

17 ‘‘SEC. 2. DEFINITIONS. 

18 ‘‘In this Act: 

19 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Antigua 

20 Convention’ means the Convention for the Strength21 ening of the Inter-American Tropical Tuna Commis22 sion Established by the 1949 Convention Between the 

23 United States of America and the Republic of Costa 

24 Rica, signed at Washington, November 14, 2003. 

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

2 means the Inter-American Tropical Tuna Commis3 sion provided for by the Convention. 

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

5 means— 

6 ‘‘(A) the Convention for the Establishment 

7 of an Inter-American Tropical Tuna Commis8 sion, signed at Washington, May 31, 1949, by 

9 the United States of America and the Republic 

10 of Costa Rica; 

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

12 entry into force for the United States, and any 

13 amendments thereto that are in force for the 

14 United States; or 

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

16 requires. 

17 ‘‘(4) PERSON.—The term ‘person’ means an in18 dividual, partnership, corporation, or association sub19 ject to the jurisdiction of the United States. 

20 ‘‘(5) UNITED STATES.—The term ‘United States’ 

21 includes all areas under the sovereignty of the United 

22 States. 

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

24 term ‘United States commissioners’ means the indi25 viduals appointed in accordance with section 3(a).’’. 

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

2 QUALIFICATIONS. 

3 Section 3 (16 U.S.C. 952) is amended to read as fol4 lows: 

5 ‘‘SEC. 3. COMMISSIONERS. 

6 ‘‘(a) COMMISSIONERS.— 

7 ‘‘(1) IN GENERAL.—The United States shall be 

8 represented on the Commission by 5 United States 

9 Commissioners. 

10 ‘‘(2) APPOINTMENT.—The President shall ap11 point individuals to serve on the Commission at the 

12 pleasure of the President. In making the appoint13 ments, the President shall select Commissioners from 

14 among individuals who are knowledgeable or experi15 enced concerning highly migratory fish stocks in the 

16 eastern tropical Pacific Ocean, including the fol17 lowing: 

18 ‘‘(A) 1 Commissioner shall be an officer or 

19 employee of the Department of Commerce. 

20 ‘‘(B) 1 Commissioner shall be the chairman 

21 or a member of the Western Pacific Fishery 

22 Management Council. 

23 ‘‘(C) 1 commissioner shall be the chairman 

24 or a member of the Pacific Fishery Management 

25 Council. 

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1 ‘‘(3) LIMITATION.—No more than 2 Commis2 sioners may reside in a State other than a State 

3 whose vessels maintain a substantial fishery in the 

4 area of the Convention. 

5 ‘‘(b) ALTERNATE COMMISSIONERS.—The Secretary of 

6 State, in consultation with the Secretary, may designate 

7 from time to time and for periods of time deemed appro8 priate Alternate United States Commissioners to the Com9 mission. Any Alternate United States Commissioner may 

10 exercise, at any meeting of the Commission or of the Gen11 eral Advisory Committee or Scientific Advisory Sub12 committee established pursuant to section 4(b), all powers 

13 and duties of a United States Commissioner in the absence 

14 of any United States Commissioner appointed pursuant to 

15 subsection (a) of this section for whatever reason. The num16 ber of such Alternate United States Commissioners that 

17 may be designated for any such meeting shall be limited 

18 to the number of United States Commissioners appointed 

19 pursuant to subsection (a) of this section who will not be 

20 present at such meeting. 

21 ‘‘(c) ADMINISTRATIVE MATTERS.— 

22 ‘‘(1) EMPLOYMENT STATUS.—Individuals serving 

23 as United States Commissioners, other than officers 

24 or employees of the United States Government, shall 

25 not be considered Federal employees except for the 

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1 purposes of injury compensation or tort claims liabil2 ity as provided in chapter 81 of title 5, United States 

3 Code, and chapter 171 of title 28, United States Code. 

4 ‘‘(2) COMPENSATION.—The United States Com5 missioners or Alternate Commissioners, although offi6 cers of the United States while so serving, shall re7 ceive no compensation for their services as United 

8 States Commissioners or Alternate Commissioners. 

9 ‘‘(3) TRAVEL EXPENSES.— 

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

11 necessary travel expenses of United States Com12 missioners and Alternate United States Commis13 sioners to meetings of the Inter-American Trop14 ical Tuna Commission and other meetings the 

15 Secretary of State deems necessary to fulfill their 

16 duties, in accordance with the Federal Travel 

17 Regulations and sections 5701, 5702, 5704 

18 through 5708, and 5731 of title 5, United States 

19 Code. 

20 ‘‘(B) The Secretary may reimburse the Sec21 retary of State for amounts expended by the Sec22 retary of State under this subsection. 

23 ‘‘(d) SUPERVISION.—United States Commissioners 

24 and alternative commissioners shall be subject to the super25 vision of the Secretary of Commerce.’’. 

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1 SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC 

2 ADVISORY SUBCOMMITTEE. 

3 (a) GENERAL ADVISORY COMMITTEE.—Section 4(a) 

4 (16 U.S.C. 953(a)) is amended to read as follows: 

5 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

6 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; 

7 COMPENSATION.— 

8 ‘‘(A) GENERAL ADVISORY COMMITTEE.—The 

9 Secretary, in consultation with the Secretary of 

10 State, shall appoint a General Advisory Com11 mittee which shall consist of not more than 25 

12 individuals who shall be representative of the 

13 various groups concerned with the fisheries cov14 ered by the Convention, including nongovern15 mental conservation organizations, providing to 

16 the maximum extent practicable an equitable 

17 balance among such groups. Members of the Gen18 eral Advisory Committee will be eligible to par19 ticipate as members of the United States delega20 tion to the Commission and its working groups 

21 to the extent the Commission rules and space for 

22 delegations allow. 

23 ‘‘(B) EX-OFFICIO MEMBERS.—The chair of 

24 the Pacific Fishery Management Council’s Advi25 sory Subpanel for Highly Migratory Fisheries 

26 and the chair of the Western Pacific Fishery 

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1 Management Council’s Advisory Committee, or 

2 the designee of such a chair, shall be ex-officio 

3 members of the General Advisory Committee by 

4 virtue of their positions in those Councils. 

5 ‘‘(C) TERM.—Each member of the General 

6 Advisory Committee appointed under subpara7 graph (A) shall serve for a term of 3 years and 

8 is eligible for reappointment. 

9 ‘‘(D) PARTICIPATION IN MEETINGS.—The 

10 General Advisory Committee shall be invited to 

11 attend all non-executive meetings of the United 

12 States delegation and at such meetings shall be 

13 given opportunity to examine and to be heard on 

14 all proposed programs of investigation, reports, 

15 recommendations, and regulations of the Com16 mission. 

17 ‘‘(E) AUTHORITIES.—The General Advisory 

18 Committee shall determine its organization, and 

19 prescribe its practices and procedures for car20 rying out its functions under this title, the Mag21 nuson-Stevens Fishery Conservation and Man22 agement Act (16 U.S.C. 1801 et seq.), and a con23 vention. The General Advisory Committee shall 

24 publish and make available to the public a state25 ment of its organization, practices and procemstockstill on DSK4VPTVN1PROD with BILLS

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1 dures. Meetings of the General Advisory Com2 mittee, except when in executive session, shall be 

3 open to the public, and prior notice of meetings 

4 shall be made public in timely fashion. The Gen5 eral Advisory Committee shall not be subject to 

6 the Federal Advisory Committee Act (5 U.S.C. 

7 App.). 

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

9 and the Secretary of State shall furnish the General 

10 Advisory Committee with relevant information con11 cerning fisheries and international fishery agree12 ments.’’. 

13 (b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—Section 

14 4(b) (16 U.S.C. 953(b)) is amended— 

15 (1) by striking so much of subsection (b) as pre16 cedes paragraph (2) and inserting the following: 

17 ‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.— 

18 ‘‘(1) APPOINTMENT.—The Secretary, in consulta19 tion with the Secretary of State, shall appoint a Sci20 entific Advisory Subcommittee of not less than 5 nor 

21 more than 15 qualified scientists with balanced rep22 resentation from the public and private sectors, in23 cluding nongovernmental conservation organiza24 tions.’’; 

25 (2) in paragraph (2)— 

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1 (A) by striking the paragraph heading and 

2 inserting ‘‘FUNCTIONS AND ASSISTANCE.—’’; and 

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

4 ‘‘(C) OTHER AUTHORITIES.—The Scientific 

5 Advisory Subcommittee shall determine its orga6 nization, and prescribe its practices and proce7 dures for carrying out its functions under this 

8 title, the Magnuson-Stevens Fishery Conservation 

9 and Management Act (16 U.S.C. 1801 et seq.), 

10 and a convention. 

11 ‘‘(D) PUBLIC ACCESS.— 

12 ‘‘(i) ORGANIZATION, PRACTICES, AND

13 PROCEDURES.—The Scientific Advisory 

14 Subcommittee shall publish and make avail15 able to the public a statement of its organi16 zation, practices, and procedures. 

17 ‘‘(ii) MEETINGS.—Meetings of the Sci18 entific Advisory Subcommittee, except when 

19 in executive session, shall be open to the 

20 public, and prior notice of meetings shall be 

21 made public in a timely fashion.’’; and 

22 (3) in paragraph (3), by striking ‘‘General Advi23 sory Subcommittee’’ and inserting ‘‘General Advisory 

24 Committee’’. 

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1 (c) ADMINISTRATIVE MATTERS.—Section 4 (9 U.S.C. 

2 953) is amended by adding at the end the following: 

3 ‘‘(c) ADMINISTRATIVE MATTERS.— 

4 ‘‘(1) TECHNICAL SUPPORT.—The Secretary shall 

5 provide to the General Advisory Committee and the 

6 Scientific Advisory Subcommittee in a timely manner 

7 such administrative and technical support services as 

8 are necessary for the effective functioning of the Com9 mittee and the Subcommittee. 

10 ‘‘(2) NO CLASSIFICATION AS FEDERAL EMPLOY11 EES.—Individuals appointed to serve as a member of 

12 the General Advisory Committee or the Scientific Ad13 visory Subcommittee— 

14 ‘‘(A) shall serve without pay, but while 

15 away from their homes or regular places of busi16 ness to attend meetings of the General Advisory 

17 Committee or the Scientific Advisory Sub18 committee, as appropriate, shall be allowed trav19 el expenses, including per diem in lieu of subsist20 ence, in the same manner as persons employed 

21 intermittently in the Government service are al22 lowed expenses under section 5703 of title 5, 

23 United States Code; and 

24 ‘‘(B) shall not be considered Federal em25 ployees except for the purposes of injury commstockstill on DSK4VPTVN1PROD with BILLS

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1 pensation or tort claims liability as provided in 

2 chapter 81 of title 5, United States Code, and 

3 chapter 171 of title 28, United States Code.’’. 

4 SEC. 206. RULEMAKING. 

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

7 ‘‘SEC. 6. RULEMAKING. 

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

9 with the Secretary of State and, with respect to enforcement 

10 measures, the Secretary of the Department in which the 

11 Coast Guard is operating, may promulgate such regulations 

12 as may be necessary to carry out the United States inter13 national obligations under the Convention and this Act, in14 cluding recommendations and decisions adopted by the 

15 Commission. In cases where the Secretary has discretion in 

16 the implementation of one or more measures adopted by the 

17 Commission that would govern fisheries under the authority 

18 of a Regional Fishery Management Council, the Secretary 

19 may, to the extent practicable within the implementation 

20 schedule of the Convention and any recommendations and 

21 decisions adopted by the Commission, promulgate such reg22 ulations as may be necessary to carry out the United States 

23 international obligations under the Convention and this 

24 Act, in accordance with the procedures established by the 

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1 Magnuson-Stevens Fishery Conservation and Management 

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

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

4 regulations as may be necessary to carry out the United 

5 States international obligations under the Convention and 

6 this Act, applicable to all vessels and persons subject to the 

7 jurisdiction of the United States, including United States 

8 flag vessels wherever they may be operating, on such date 

9 as the Secretary shall prescribe.’’. 

10 SEC. 207. PROHIBITED ACTS. 

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

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

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

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

15 ‘‘(i) ADDITIONAL PROHIBITIONS AND ENFORCE16 MENT.—For prohibitions relating to this Act and enforce17 ment of this Act, see section 606 of the High Seas Driftnet 

18 Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 

19 SEC. 208. ENFORCEMENT. 

20 Section 10 (16 U.S.C. 959) is amended to read as fol21 lows: 

22 ‘‘SEC. 10. ENFORCEMENT. 

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

24 High Seas Driftnet Fishing Moratorium Protection Act (16 

25 U.S.C. 1826g).’’. 

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1 SEC. 209. REDUCTION OF BYCATCH. 

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

3 ‘‘vessel’’ and inserting ‘‘vessels’’. 

4 SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

5 ACT OF 1984. 

6 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

8 TITLE III—AGREEMENT ON PORT 

9 STATE MEASURES TO PRE10 VENT, DETER AND ELIMINATE 

11 ILLEGAL, UNREPORTED AND 

12 UNREGULATED FISHING 

13 SEC. 301. SHORT TITLE. 

14 This title may be cited as the ‘‘Port State Measures 

15 Agreement Act of 2015’’. 

16 SEC. 302. PURPOSE. 

17 The purpose of this title is to implement the Agreement 

18 on Port State Measures to Prevent, Deter and Eliminate 

19 Illegal, Unreported and Unregulated Fishing. 

20 SEC. 303. DEFINITIONS. 

21 In this title: 

22 (1) AGREEMENT.—The term ‘‘Agreement’’ means 

23 the Agreement on Port State Measures to Prevent, 

24 Deter and Eliminate Illegal, Unreported and Unregu25 lated Fishing, done at the Food and Agriculture Or26 ganization of the United Nations, in Rome, Italy, Nomstockstill on DSK4VPTVN1PROD with BILLS

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1 vember 22, 2009, and signed by the United States No2 vember 22, 2009. 

3 (2) FISH.—The term ‘‘fish’’ means finfish, mol4 lusks, crustaceans, and all other forms of marine ani5 mal and plant life other than marine mammals and 

6 birds. 

7 (3) FISHING.—The term ‘‘fishing’’— 

8 (A) except as provided in subparagraph 

9 (B), means— 

10 (i) the catching, taking, or harvesting 

11 of fish; 

12 (ii) the attempted catching, taking, or 

13 harvesting of fish; 

14 (iii) any other activity which can rea15 sonably be expected to result in the catch16 ing, taking, or harvesting of fish; or 

17 (iv) any operations at sea in support 

18 of, or in preparation for, any activity de19 scribed in clauses (i) through (iii). 

20 (B) does not include any scientific research 

21 activity that is conducted by a scientific research 

22 vessel. 

23 (4) IUU FISHING.—The term ‘‘IUU fishing’’ 

24 means any activity set out in paragraph 3 of the 

25 2001 FAO International Plan of Action to Prevent, 

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1 Deter and Eliminate Illegal, Unreported and Unregu2 lated Fishing. 

3 (5) LISTED IUU VESSEL.—The term ‘‘listed IUU 

4 vessel’’ means a vessel that is included in a list of ves5 sels having engaged in IUU fishing or fishing-related 

6 activities in support of IUU fishing that has been 

7 adopted by a regional fisheries management organiza8 tion of which the United States is a member, or a list 

9 adopted by a regional fisheries management organiza10 tion of which the United States is not a member if 

11 the Secretary determines the criteria used by that or12 ganization to create the IUU list is comparable to cri13 teria adopted by RFMOs of which the United States 

14 is a member for identifying IUU vessels and activi15 ties. 

16 (6) MAGNUSON-STEVENS ACT.—The term ‘‘Mag17 nuson-Stevens Act’’ means the Magnuson-Stevens 

18 Fishery Conservation and Management Act (16 

19 U.S.C. 1801 et seq.). 

20 (7) PERSON.—The term ‘‘person’’ has the same 

21 meaning as that term has in section 3 of the Magnu22 son-Stevens Act (16 U.S.C. 1802). 

23 (8) RFMO; REGIONAL FISHERIES MANAGEMENT

24 ORGANIZATION.—The terms ‘‘RFMO’’ and ‘‘regional 

25 fisheries management organization’’ mean a regional 

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1 fisheries management organization (as that term is 

2 defined by the United Nations Food and Agriculture 

3 Organization Agreement on Port State Measures to 

4 Prevent, Deter and Eliminate Illegal, Unreported and 

5 Unregulated Fishing) that is recognized by the United 

6 States. 

7 (9) SECRETARY.—The term ‘‘Secretary’’ means 

8 the Secretary of Commerce. 

9 (10) VESSEL.—The term ‘‘vessel’’ means any ves10 sel, ship of another type, or boat used for, equipped 

11 to be used for, or intended to be used for, fishing or 

12 fishing-related activities, including container vessels 

13 that are carrying fish that have not been previously 

14 landed. 

15 SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY. 

16 (a) REGULATIONS.—The Secretary may, as needed, 

17 promulgate such regulations, in accordance with section 

18 553 of title 5, United States Code, and consistent with the 

19 provisions of this title, as may be necessary to carry out 

20 the purposes of this title to the extent that such regulations 

21 are not already promulgated. 

22 (b) PORTS OF ENTRY.—The Secretary, in consultation 

23 with the Secretary of Homeland Security and, when the 

24 Coast Guard is not operating in the Department of Home25 land Security, the Secretary of the department in which 

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1 the Coast Guard is operating, may designate and publicize 

2 the ports to which vessels may seek entry. No port may be 

3 designated under this section that has not also been des4 ignated as a port of entry for customs reporting purposes 

5 pursuant to section 1433 of title 19, United States Code, 

6 or that is not specified under an existing international fish7 eries agreement. 

8 (c) NOTIFICATION.—The Secretary shall provide noti9 fication of the denial of port entry or the use of port services 

10 for a vessel under section 305, the withdrawal of the denial 

11 of port services for a foreign vessel, the taking of enforce12 ment action pursuant to section 306 with respect to a for13 eign vessel, or the results of any inspection of a foreign ves14 sel conducted pursuant to this title to the flag nation of 

15 the vessel and, as appropriate, to the nation of which the 

16 vessel’s master is a national, relevant coastal nations, 

17 RFMOs, the Food and Agriculture Organization of the 

18 United Nations, and other relevant international organiza19 tions. 

20 (d) CONFIRMATION THAT FISH WERE TAKEN IN AC21 CORDANCE WITH CONSERVATION AND MANAGEMENT MEAS22 URES.—The Secretary may request confirmation from the 

23 flag state of a foreign vessel that the fish on board a foreign 

24 vessel in a port subject to the jurisdiction of the United 

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1 States were taken in accordance with applicable RFMO 

2 conservation and management measures. 

3 SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY. 

4 (a) SUBMISSION OF INFORMATION REQUIRED UNDER

5 AGREEMENT.—All foreign vessels seeking entry to a port 

6 subject to the jurisdiction of the United States must submit 

7 to the Secretary of the department in which the Coast 

8 Guard is operating information as required under the 

9 Agreement in advance of its arrival in port. 

10 (b) DECISION TO AUTHORIZE OR DENY PORT

11 ENTRY.—The Secretary shall decide, based on the informa12 tion submitted under subsection (a), whether to authorize 

13 or deny port entry and shall communicate this decision to 

14 the foreign vessel or to its representative. The Secretary may 

15 deny entry to— 

16 (1) any foreign-listed IUU vessel; or 

17 (2) any foreign vessel the Secretary has reason18 able grounds to believe has engaged in IUU fishing or 

19 fishing-related activities in support of such fishing or 

20 has violated the Act. 

21 (c) DENIAL OF USE OF PORT.—If a foreign vessel is 

22 in a port subject to the jurisdiction of the United States, 

23 the Secretary shall deny such vessel the use of the port for 

24 landing, transshipment, packaging and processing of fish, 

25 refueling, resupplying, maintenance and drydocking, if— 

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1 (1) the vessel entered without authorization 

2 under subsection (b); 

3 (2) the vessel is a listed IUU vessel; 

4 (3) the flag nation of the vessel has failed to pro5 vide confirmation requested by the Secretary that the 

6 fish on board were taken in accordance with applica7 ble RFMO conservation and management measures; 

8 or 

9 (4) the Secretary has reasonable grounds to be10 lieve— 

11 (A) the vessel lacks valid authorizations to 

12 engage in fishing or fishing-related activities as 

13 required by its flag nation or the relevant coastal 

14 nation; 

15 (B) the fish on board were taken in viola16 tion of foreign law or in contravention of any 

17 RFMO conservation and management measure; 

18 or 

19 (C) the vessel has engaged in IUU fishing or 

20 fishing-related activities in support of such fish21 ing, including in support of a listed IUU vessel, 

22 unless it can establish that— 

23 (i) it was acting in a manner con24 sistent with applicable RFMO conservation 

25 and management measures; or 

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1 (ii) in the case of the provision of per2 sonnel, fuel, gear, and other supplies at sea, 

3 the vessel provisioned was not, at the time 

4 of provisioning, a listed IUU vessel. 

5 (d) EXCEPTIONS.—Notwithstanding subsections (b) 

6 and (c), the Secretary may allow port entry or the use of 

7 port services— 

8 (1) if they are essential to the safety or health of 

9 the crew or safety of the vessel; 

10 (2) to allow, where appropriate, for the scrap11 ping of the vessel; or 

12 (3) pursuant to an inspection or other enforce13 ment action. 

14 SEC. 306. INSPECTIONS. 

15 The Secretary, and the Secretary of the department in 

16 which the Coast Guard is operating, shall conduct foreign 

17 vessel inspections in ports subject to the jurisdiction of the 

18 United States as necessary to achieve the purposes of the 

19 Agreement and this title. If, following an inspection, the 

20 Secretary has reasonable grounds to believe that a foreign 

21 vessel has engaged in IUU fishing or fishing-related activi22 ties in support of such fishing, the Secretary may take en23 forcement action under this title or other applicable law, 

24 and shall deny the vessel the use of port services, in accord25 ance with section 305. 

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1 SEC. 307. PROHIBITED ACTS. 

2 It is unlawful for any person subject to the jurisdiction 

3 of the United States— 

4 (1) to violate any provision of this title or the 

5 regulations issued under this title; 

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

7 board, search, or inspect a vessel that is subject to the 

8 person’s control in connection with the enforcement of 

9 this title or the regulations issued under this title; 

10 (3) to submit false information pursuant to any 

11 requirement under this title or the regulations issued 

12 under this title; or 

13 (4) to commit any offense enumerated in para14 graph (4), (5), (7) or (9) of section 707(a) of the 

15 Western and Central Pacific Fisheries Convention 

16 Implementation Act (16 U.S.C. 6906(a)). 

17 SEC. 308. ENFORCEMENT. 

18 (a) EXISTING AUTHORITIES AND RESPONSIBIL19 ITIES.— 

20 (1) AUTHORITIES AND RESPONSIBILITIES.—The 

21 authorities and responsibilities under subsections (a), 

22 (b), and (c) of section 311 and subsection (f) of sec23 tion 308 of the Magnuson-Stevens Act (16 U.S.C. 

24 1861, 1858) and paragraphs (2), (3), and (7) of sec25 tion 310(b) of the Antarctic Marine Living Resources 

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1 Convention Act of 1984 (16 U.S.C. 2439(b)) shall 

2 apply with respect to enforcement of this title. 

3 (2) INCLUDED VESSELS.—For purposes of enforc4 ing this title, any reference in such paragraphs and 

5 subsections to a ‘‘vessel’’ or ‘‘fishing vessel’’ includes 

6 all vessels as defined in section 303 of this title. 

7 (3) APPLICATION OF OTHER PROVISIONS.—Such 

8 paragraphs and subsections apply to violations of this 

9 title and any regulations promulgated under this 

10 title. 

11 (b) CIVIL ENFORCEMENT.— 

12 (1) CIVIL ADMINISTRATIVE PENALTIES.— 

13 (A) IN GENERAL.—Any person who is found 

14 by the Secretary (after notice and opportunity 

15 for a hearing in accordance with section 554 of 

16 title 5, United States Code) to have committed 

17 an act prohibited under section 307 shall be lia18 ble to the United States for a civil penalty. The 

19 amount of the civil penalty shall be consistent 

20 with the amount under section 308(a) of the 

21 Magnuson-Stevens Act (16 U.S.C. 1858(a)). 

22 (B) COMPROMISE OR OTHER ACTION BY

23 SECRETARY.—The Secretary shall have the same 

24 authority as provided in section 308(e) of the 

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1 Magnuson-Stevens Act (16 U.S.C. 1858(e)) with 

2 respect to a violation of this Act. 

3 (2) IN REM JURISDICTION.—For purposes of this 

4 title, the conditions for in rem liability shall be con5 sistent with section 308(d) of the Magnuson-Stevens 

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

7 (3) ACTION UPON FAILURE TO PAY ASSESS8 MENT.—If any person fails to pay an assessment of 

9 a civil penalty under this title after it has become a 

10 final and unappealable order, or after the appro11 priate court has entered final judgment in favor of the 

12 Secretary, the Secretary shall refer the matter to the 

13 Attorney General, who shall recover the amount as14 sessed in any appropriate district court of the United 

15 States. In such action, the validity and appropriate16 ness of the final order imposing the civil penalty shall 

17 not be subject to review. 

18 (c) FORFEITURE.— 

19 (1) IN GENERAL.—Any foreign vessel (including 

20 its fishing gear, furniture, appurtenances, stores, and 

21 cargo) used, and any fish (or the fair market value 

22 thereof) imported or possessed in connection with or 

23 as result of the commission of any act prohibited by 

24 section 307 of this title shall be subject to forfeiture 

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1 under section 310 of the Magnuson-Stevens Act (16 

2 U.S.C. 1860). 

3 (2) APPLICATION OF THE CUSTOMS LAWS.—All 

4 provisions of law relating to seizure, summary judg5 ment, and judicial forfeiture and condemnation for 

6 violation of the customs laws, the disposition of the 

7 property forfeited or condemned or the proceeds from 

8 the sale thereof, the remission or mitigation of such 

9 forfeitures, and the compromise of claims shall apply 

10 to seizures and forfeitures incurred, or alleged to have 

11 been incurred, under the provisions of this title, inso12 far as applicable and not inconsistent with the provi13 sions hereof. For seizures and forfeitures of property 

14 under this section by the Secretary, such duties as are 

15 imposed upon the customs officer or any other person 

16 with respect to the seizure and forfeiture of property 

17 under the customs law may be performed by such offi18 cers as are designated by the Secretary or, upon re19 quest of the Secretary, by any other agency that has 

20 authority to manage and dispose of seized property. 

21 (3) PRESUMPTION.—For the purposes of this sec22 tion there is a rebuttable presumption that all fish, or 

23 components thereof, found on board a vessel that is 

24 used or seized in connection with a violation of this 

25 title (including any regulation promulgated under 

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1 this Act) were taken, obtained, or retained as a result 

2 of IUU fishing or fishing-related activities in support 

3 of IUU fishing. 

4 (d) CRIMINAL ENFORCEMENT.—Any person (other 

5 than a foreign government agency, or entity wholly owned 

6 by a foreign government) who knowingly commits an act 

7 prohibited by section 307 shall be subject to subsections (b) 

8 and (c) of section 309 of the Magnuson-Stevens Act (16 

9 U.S.C. 1859). 

10 (e) PAYMENT OF STORAGE, CARE, AND OTHER

11 COSTS.—Any person assessed a civil penalty for, or con12 victed of, any violation of this title (including any regula13 tion promulgated under this title) and any claimant in a 

14 forfeiture action brought for such a violation, shall be liable 

15 for the reasonable costs incurred by the Secretary in storage, 

16 care, and maintenance of any property seized in connection 

17 with the violation. 

18 SEC. 309. INTERNATIONAL COOPERATION AND ASSIST19 ANCE. 

20 (a) ASSISTANCE TO DEVELOPING NATIONS AND INTER21 NATIONAL ORGANIZATIONS.—Consistent with existing au22 thority and the availability of funds, the Secretary shall 

23 provide appropriate assistance to developing nations and 

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1 bers to assist those nations in meeting their obligations 

2 under the Agreement. 

3 (b) PERSONNEL, SERVICES, EQUIPMENT, AND FACILI4 TIES.—In carrying out subsection (a), the Secretary may, 

5 by agreement, on a reimbursable or nonreimbursable basis, 

6 utilize the personnel, services, equipment, and facilities of 

7 any Federal, State, local, or foreign government or any en8 tity of any such government. 

9 SEC. 310. RELATIONSHIP TO OTHER LAWS. 

10 (a) IN GENERAL.—Nothing in this title shall be con11 strued to displace any requirements imposed by the customs 

12 laws of the United States or any other laws or regulations 

13 enforced or administered by the Secretary of Homeland Se14 curity. Where more stringent requirements regarding port 

15 entry or access to port services exist under other Federal 

16 law, those more stringent requirements shall apply. Nothing 

17 in this title shall affect a vessel’s entry into port, in accord18 ance with international law, for reasons of force majeure 

19 or distress. 

20 (b) UNITED STATES OBLIGATIONS UNDER INTER21 NATIONAL LAW.—This title shall be interpreted and applied 

22 in accordance with United States obligations under inter23 national law. 

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Calendar No. 168 

114TH CONGRESS 

1ST SESSION S. 1334 

A BILL 

To strengthen enforcement mechanisms to stop illepurposes. plement the Antigua Convention, and for other amend the Tuna Conventions Act of 1950 to im- gal, unreported, and unregulated fishing, to 

JULY 28, 2015 

Reported with an amendment 

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