II 

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, and Mr. SCHATZ) introduced the 

following bill; which was read twice and referred to the Committee on 

Commerce, Science, and Transportation 

A BILL 

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

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

3 SECTION 1. SHORT TITLE. 

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

5 and Unregulated Fishing Enforcement Act of 2015’’. 

6 SEC. 2. TABLE OF CONTENTS. 

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

Sec. 1. Short title. 


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Sec. 2. Table of contents. 

TITLE I—STRENGTHENING FISHERIES ENFORCEMENT 

MECHANISMS 

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

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

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

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

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

Sec. 106. Amendments to the 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. 

Sec. 306. Inspections. 

Sec. 307. Prohibited acts. 

Sec. 308. Enforcement. 

Sec. 309. International cooperation and assistance. 

Sec. 310. Relationship to other laws. 


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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.). 

24 ‘‘(2) The Dolphin Protection Consumer Infor25 mation Act (16 U.S.C. 1385). 


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

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

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

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

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

6 1975 (16 U.S.C. 971 et seq.). 

7 ‘‘(6) The Northwest Atlantic Fisheries Conven8 tion Act of 1995 (16 U.S.C. 5601 et seq.). 

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

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

11 seq.). 

12 ‘‘(8) The Antigua Convention Implementing Act 

13 of 2015. 

14 ‘‘(c) ADMINISTRATION AND ENFORCEMENT.— 

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

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

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

18 the same means, and with the same jurisdiction, 

19 powers, and duties as though sections 308 through 

20 311 of the Magnuson-Stevens Fishery Conservation 

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

22 and 1861) were incorporated into and made a part 

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

24 ‘‘(2) INTERNATIONAL COOPERATION.—The Sec25 retary may, subject to appropriations and in the 


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1 course of carrying out the Secretary’s responsibilities 

2 under the Acts to which this section applies, engage 

3 in international cooperation to help other nations 

4 combat illegal, unreported, and unregulated fishing 

5 and achieve sustainable fisheries. 

6 ‘‘(d) SPECIAL RULES.— 

7 ‘‘(1) ADDITIONAL ENFORCEMENT AUTHOR8 ITY.—In addition to the powers of officers author9 ized pursuant to subsection (c), any officer who is 

10 authorized by the Secretary, or the head of any Fed11 eral or State agency that has entered into an agree12 ment with the Secretary under subsection (a), may 

13 enforce the provisions of any Act to which this sec14 tion applies, with the same jurisdiction, powers, and 

15 duties as though section 311 of the Magnuson-Ste16 vens Fishery Conservation and Management Act (16 

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

18 part of each such Act. 

19 ‘‘(2) DISCLOSURE OF ENFORCEMENT INFORMA20 TION.— 

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

22 to the data confidentiality provisions in section 

23 402 of the Magnuson-Stevens Fishery Con24 servation and Management Act (16 U.S.C. 

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1 priate, information, including information col2 lected under joint authority of the Magnuson3 Stevens Fishery Conservation and Management 

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

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

6 et seq.) or the Western and Central Pacific 

7 Fisheries Convention Implementation Act (16 

8 U.S.C. 6901 et seq.) or other statutes imple9 menting international fishery agreements, to 

10 any other Federal or State government agency, 

11 the Food and Agriculture Organization of the 

12 United Nations, the secretariat or equivalent of 

13 an international fishery management organiza14 tion or arrangement made pursuant to an inter15 national fishery agreement, or a foreign govern16 ment, if— 

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

18 arrangement has policies and procedures to 

19 protect such information from unintended 

20 or unauthorized disclosure; and 

21 ‘‘(ii) such disclosure is necessary— 

22 ‘‘(I) to ensure compliance with 

23 any law or regulation enforced or ad24 ministered by the Secretary; 


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1 ‘‘(II) to administer or enforce 

2 any international fishery agreement to 

3 which the United States is a party; 

4 ‘‘(III) to administer or enforce a 

5 binding conservation measure adopted 

6 by any international organization or 

7 arrangement to which the United 

8 States is a party; 

9 ‘‘(IV) to assist in any investiga10 tive, judicial, or administrative en11 forcement proceeding in the United 

12 States; or 

13 ‘‘(V) to assist in any law enforce14 ment action undertaken by a law en15 forcement agency of a foreign govern16 ment, or in relation to a legal pro17 ceeding undertaken by a foreign gov18 ernment to the extent the enforcement 

19 action is consistent with rules and 

20 regulations of a regional fishery man21 agement organization that the United 

22 States is a member of, or the Sec23 retary has determined that the en24 forcement action is consistent with the 

25 requirements under Federal law for 


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1 enforcement actions with respect to il2 legal, unreported, and unregulated 

3 fishing. 

4 ‘‘(B) DATA CONFIDENTIALITY PROVISIONS

5 NOT APPLICABLE.—The data confidentiality 

6 provisions of section 402 of the Magnuson-Ste7 vens Fishery Conservation and Management 

8 Act (16 U.S.C. 1881a) shall not apply with re9 spect to this Act with respect to— 

10 ‘‘(i) any obligation of the United 

11 States to share information under a Re12 gional Fishery Management Organization 

13 to which the United States is a party; or 

14 ‘‘(ii) with respect to any information 

15 collected by the Secretary regarding for16 eign vessels. 

17 ‘‘(e) PROHIBITED ACTS.—It is unlawful for any per18 son— 

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

20 regulation or permit issued pursuant to this Act; 

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

22 to enforce the provisions of this Act to board, 

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

24 control for the purposes of conducting any search, 

25 investigation, or inspection in connection with the 


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1 enforcement of this Act, any regulation promulgated 

2 under this Act, or any Act to which this section ap3 plies; 

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

5 intimidate, or interfere with any such authorized of6 ficer in the conduct of any search, investigation, or 

7 inspection described in paragraph (2); 

8 ‘‘(4) to resist a lawful arrest for any act prohib9 ited by this section or any Act to which this section 

10 applies; 

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

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

13 other person, knowing that such person has com14 mitted any act prohibited by this section or any Act 

15 to which this section applies; or 

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

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

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

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

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

21 National Marine Fisheries Service or under 

22 contract to any person to carry out responsibil23 ities under this Act or any Act to which this 

24 section applies. 


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

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

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

4 to a permit sanction, under section 308 of the Magnuson5 Stevens Fishery Conservation and Management Act (16 

6 U.S.C. 1858). 

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

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

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

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

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

12 1859(b)). 

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

14 The President’’. 

15 (b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF

16 INTERNATIONAL FISHERY MANAGEMENT ORGANIZA17 TIONS.—Section 608 of the High Seas Driftnet Fishing 

18 Moratorium Protection Act ( (16 U.S.C. 1826i) is amend19 ed— 

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

21 ‘‘The Secretary, in’’; 

22 (2) in subsection (a) (as designated by para23 graph (1) of this subsection) in the first sentence, by 

24 inserting ‘‘, or arrangements made pursuant to an 


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1 international fishery agreement,’’ after ‘‘organiza2 tions’’; and 

3 (3) by adding at the end the following new sub4 sections: 

5 ‘‘(b) DISCLOSURE OF INFORMATION.—The Sec6 retary, subject to the data confidentiality provisions in sec7 tion 402 of the Magnuson-Stevens Fishery Conservation 

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

9 as necessary and appropriate, information, including in10 formation collected under joint authority of the Magnu11 son-Stevens Fishery Conservation and Management Act 

12 (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Conven13 tion Act of 1975 (16 U.S.C. 971 et seq.), the Western 

14 and Central Pacific Fisheries Convention Implementation 

15 Act (16 U.S.C. 6901 et seq.), any other statute imple16 menting an international fishery agreement, to any other 

17 Federal or State government agency, the Food and Agri18 culture Organization of the United Nations, or the secre19 tariat or equivalent of an international fishery manage20 ment organization or arrangement made pursuant to an 

21 international fishery agreement, if such government, orga22 nization, or arrangement, respectively, has policies and 

23 procedures to protect such information from unintended 

24 or unauthorized disclosure. 

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


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

2 of vessels and vessel owners engaged in illegal, unre3 ported, or unregulated fishing or fishing-related ac4 tivities in support of illegal, unreported, or unregu5 lated fishing, including vessels or vessel owners iden6 tified by an international fishery management orga7 nization or arrangement made pursuant to an inter8 national fishery agreement, that— 

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

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

11 whose procedures and criteria in developing and 

12 maintaining a list of such vessels and vessel 

13 owners are substantially similar to such proce14 dures and criteria adopted pursuant to an inter15 national fishery agreement to which the United 

16 States is a party; and 

17 ‘‘(2) take appropriate action against listed ves18 sels and vessel owners, including action against fish, 

19 fish parts, or fish products from such vessels, in ac20 cordance with applicable United States law and con21 sistent with applicable international law, including 

22 principles, rights, and obligations established in ap23 plicable international fishery management agree24 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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•S 1334 IS

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 purVerDate Sep 11 2014 04:49 May 16, 2015 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\S1334.IS S1334

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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-AmerVerDate Sep 11 2014 04:49 May 16, 2015 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S1334.IS S1334

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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 

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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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•S 1334 IS

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 apVerDate Sep 11 2014 04:49 May 16, 2015 Jkt 049200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S1334.IS S1334

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•S 1334 IS

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 forVerDate Sep 11 2014 04:49 May 16, 2015 Jkt 049200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\S1334.IS S1334

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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. 

Æ 


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