```

[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 774 Enrolled Bill (ENR)]

        H.R.774

                     One Hundred Fourteenth Congress

                                 of the

                        United States of America

                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
           the sixth day of January, two thousand and fifteen

                                 An Act

 
 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
    This Act may be cited as the ``Illegal, Unreported, and Unregulated 
Fishing Enforcement Act of 2015''.
SEC. 2. TABLE OF CONTENTS.
    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.
Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.

        TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

    SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM 
      PROTECTION ACT.
    (a) Administration and Enforcement.--
        (1) In general.--Section 606 of the High Seas Driftnet Fishing 
    Moratorium Protection Act (16 U.S.C. 1826g) is amended by inserting 
    before the first sentence the following:
    ``(a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce this 
Act, and the Acts to which this section applies, in accordance with 
this section. Each such Secretary may, by agreement, on a reimbursable 
basis or otherwise, utilize the personnel services, equipment 
(including aircraft and vessels), and facilities of any other Federal 
agency, and of any State agency, in the performance of such duties.
    ``(b) Acts to Which Section Applies.--This section applies to--
        ``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 et 
    seq.);
        ``(2) the Dolphin Protection Consumer Information Act (16 
    U.S.C. 1385);
        ``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.);
        ``(4) the North Pacific Anadromous Stocks Act of 1992 (16 
    U.S.C. 5001 et seq.);
        ``(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 971 
    et seq.);
        ``(6) the Northwest Atlantic Fisheries Convention Act of 1995 
    (16 U.S.C. 5601 et seq.);
        ``(7) the Western and Central Pacific Fisheries Convention 
    Implementation Act (16 U.S.C. 6901 et seq.); and
        ``(8) the Antigua Convention Implementing Act of 2015.
    ``(c) Administration and Enforcement.--
        ``(1) In general.--The Secretary shall prevent any person from 
    violating this Act, or any Act to which this section applies, in 
    the same manner, by the same means, and with the same jurisdiction, 
    powers, and duties as though sections 308 through 311 of the 
    Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
    1858 through 1861) were incorporated into and made a part of and 
    applicable to this Act and each such Act.
        ``(2) International cooperation.--The Secretary may, subject to 
    appropriations and in the course of carrying out the Secretary's 
    responsibilities under the Acts to which this section applies, 
    engage in international cooperation to help other nations combat 
    illegal, unreported, and unregulated fishing and achieve 
    sustainable fisheries.
    ``(d) Special Rules.--
        ``(1) Additional enforcement authority.--In addition to the 
    powers of officers authorized pursuant to subsection (c), any 
    officer who is authorized by the Secretary, or the head of any 
    Federal or State agency that has entered into an agreement with the 
    Secretary under subsection (a), may enforce the provisions of any 
    Act to which this section applies, with the same jurisdiction, 
    powers, and duties as though section 311 of the Magnuson-Stevens 
    Fishery Conservation and Management Act (16 U.S.C. 1861) were 
    incorporated into and made a part of each such Act.
        ``(2) Disclosure of enforcement information.--
            ``(A) In general.--The Secretary, subject to the data 
        confidentiality provisions in section 402 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881a), may disclose, as necessary and appropriate, 
        information, including information collected under joint 
        authority of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 71 et seq.) or the Western 
        and Central Pacific Fisheries Convention Implementation Act (16 
        U.S.C. 6901 et seq.) or other statutes implementing 
        international fishery agreements, to any other Federal or State 
        government agency, the Food and Agriculture Organization of the 
        United Nations, the secretariat or equivalent of an 
        international fishery management organization or arrangement 
        made pursuant to an international fishery agreement, or a 
        foreign government, if--
                ``(i) such government, organization, or arrangement has 
            policies and procedures to protect such information from 
            unintended or unauthorized disclosure; and
                ``(ii) such disclosure is necessary--

                    ``(I) to ensure compliance with any law or 
                regulation enforced or administered by the Secretary;
                    ``(II) to administer or enforce any international 
                fishery agreement to which the United States is a 
                party;
                    ``(III) to administer or enforce a binding 
                conservation measure adopted by any international 
                organization or arrangement to which the United States 
                is a party;
                    ``(IV) to assist in any investigative, judicial, or 
                administrative enforcement proceeding in the United 
                States; or
                    ``(V) to assist in any law enforcement action 
                undertaken by a law enforcement agency of a foreign 
                government, or in relation to a legal proceeding 
                undertaken by a foreign government to the extent the 
                enforcement action is consistent with rules and 
                regulations of a regional fisheries management 
                organization (as that term is defined by the United 
                Nation's Food and Agriculture Organization Agreement on 
                Port State Measures to Prevent, Deter and Eliminate 
                Illegal, Unreported and Unregulated Fishing) of which 
                the United States is a member, or the Secretary has 
                determined that the enforcement action is consistent 
                with the requirements under Federal law for enforcement 
                actions with respect to illegal, unreported, and 
                unregulated fishing.

            ``(B) Data confidentiality provisions not applicable.--The 
        data confidentiality provisions of section 402 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881a) shall not apply with respect to this Act with respect 
        to--
                ``(i) any obligation of the United States to share 
            information under a regional fisheries management 
            organization (as that term is defined by the United 
            Nation's Food and Agriculture Organization Agreement on 
            Port State Measures to Prevent, Deter and Eliminate 
            Illegal, Unreported and Unregulated Fishing) of which the 
            United States is a member; or
                ``(ii) any information collected by the Secretary 
            regarding foreign vessels.
    ``(e) Prohibited Acts.--It is unlawful for any person--
        ``(1) to violate any provision of this Act or any regulation or 
    permit issued pursuant to this Act;
        ``(2) to refuse to permit any officer authorized to enforce the 
    provisions of this Act to board, search, or inspect a vessel, 
    subject to such person's control for the purposes of conducting any 
    search, investigation, or inspection in connection with the 
    enforcement of this Act, any regulation promulgated under this Act, 
    or any Act to which this section applies;
        ``(3) to forcibly assault, resist, oppose, impede, intimidate, 
    or interfere with any such authorized officer in the conduct of any 
    search, investigation, or inspection described in paragraph (2);
        ``(4) to resist a lawful arrest for any act prohibited by this 
    section or any Act to which this section applies;
        ``(5) to interfere with, delay, or prevent, by any means, the 
    apprehension, arrest, or detection of another person, knowing that 
    such person has committed any act prohibited by this section or any 
    Act to which this section applies; or
        ``(6) to forcibly assault, resist, oppose, impede, intimidate, 
    sexually harass, bribe, or interfere with--
            ``(A) any observer on a vessel under this Act or any Act to 
        which this section applies; or
            ``(B) any data collector employed by the National Marine 
        Fisheries Service or under contract to any person to carry out 
        responsibilities under this Act or any Act to which this 
        section applies.
    ``(f) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (e) shall be liable to the United States for 
a civil penalty, and may be subject to a permit sanction, under section 
308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858).
    ``(g) Criminal Penalty.--Any person who commits an act that is 
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is 
deemed to be guilty of an offense punishable under section 309(b) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1859(b)).
    ``(h) Utilization of Federal Agency Assets.--''.
        (2) Conforming amendment.--Section 308(a) of the Antarctic 
    Marine Living Resources Convention Act of 1984 (16 U.S.C. 2437(a)) 
    is amended to read as follows:
    ``(a) In General.--Any person who commits an act that is unlawful 
under section 306 shall be liable to the United States for a civil 
penalty, and may be subject to a permit sanction, under section 308 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858).''.
    (b) Actions To Improve the Effectiveness of International Fishery 
Management Organizations.--Section 608 of such Act (16 U.S.C. 1826i) is 
amended by--
        (1) inserting before the first sentence the following: ``(a) In 
    General.--'';
        (2) in subsection (a) (as designated by paragraph (1) of this 
    subsection) in the first sentence, inserting ``, or arrangements 
    made pursuant to an international fishery agreement,'' after 
    ``organizations''; and
        (3) adding at the end the following new subsections:
    ``(b) Disclosure of Information.--
        ``(1) In general.--The Secretary, subject to the data 
    confidentiality provisions in section 402 of the Magnuson-Stevens 
    Fishery Conservation and Management Act (16 U.S.C. 1881a) except as 
    provided in paragraph (2), may disclose, as necessary and 
    appropriate, information, including information collected under 
    joint authority of the Magnuson-Stevens Fishery Conservation and 
    Management Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
    Convention Act of 1975 (16 U.S.C. 71 et seq.), the Western and 
    Central Pacific Fisheries Convention Implementation Act (16 U.S.C. 
    6901 et seq.), any other statute implementing an international 
    fishery agreement, to any other Federal or State government agency, 
    the Food and Agriculture Organization of the United Nations, or the 
    secretariat or equivalent of an international fishery management 
    organization or arrangement made pursuant to an international 
    fishery agreement, if such government, organization, or 
    arrangement, respectively, has policies and procedures to protect 
    such information from unintended or unauthorized disclosure.
        ``(2) Exceptions.--The data confidentiality provisions in 
    section 402 of the Magnuson-Stevens Fishery Conservation and 
    Management Act (16 U.S.C. 1881a) shall not apply with respect to 
    this Act--
            ``(A) for obligations of the United States to share 
        information under a regional fisheries management organization 
        (as that term is defined by the United Nation's Food and 
        Agriculture Organization Agreement on Port State Measures to 
        Prevent, Deter and Eliminate Illegal, Unreported and 
        Unregulated Fishing) of which the United States is a member; or
            ``(B) to any information collected by the Secretary 
        regarding foreign vessels.
    ``(c) IUU Vessel Lists.--The Secretary may--
        ``(1) develop, maintain, and make public a list of vessels and 
    vessel owners engaged in illegal, unreported, or unregulated 
    fishing or fishing-related activities in support of illegal, 
    unreported, or unregulated fishing, including vessels or vessel 
    owners identified by an international fishery management 
    organization or arrangement made pursuant to an international 
    fishery agreement, that--
            ``(A) the United States is party to; or
            ``(B) the United States is not party to, but whose 
        procedures and criteria in developing and maintaining a list of 
        such vessels and vessel owners are substantially similar to 
        such procedures and criteria adopted pursuant to an 
        international fishery agreement to which the United States is a 
        party; and
        ``(2) take appropriate action against listed vessels and vessel 
    owners, including action against fish, fish parts, or fish products 
    from such vessels, in accordance with applicable United States law 
    and consistent with applicable international law, including 
    principles, rights, and obligations established in applicable 
    international fishery management agreements and trade agreements.
    ``(d) Regulations.--The Secretary may promulgate regulations to 
implement this section.''.
    (c) Notification Regarding Identification of Nations.--Section 
609(b) of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
    ``(b) Notification.--The Secretary shall notify the President and 
that nation of such an identification.''.
    (d) Nations Identified Under Section 610.--Section 610(b)(1) of 
such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
        ``(1) notify, as soon as possible, the President and nations 
    that have been identified under subsection (a), and also notify 
    other nations whose vessels engage in fishing activities or 
    practices described in subsection (a), about the provisions of this 
    section and this Act;''.
    (e) Effect of Certification Under Section 609.--Section 
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by 
striking ``that has not been certified by the Secretary under this 
subsection, or''.
    (f) Effect of Certification Under Section 610.--Section 610(c)(5) 
of such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has 
not been certified by the Secretary under this subsection, or''.
    (g) Identification of Nations.--
        (1) Scope of identification for actions of fishing vessels.--
    Section 609(a) of such Act (16 U.S.C. 1826j(a)) is amended--
            (A) in the matter preceding paragraph (1)--
                (i) by inserting ``, based on a cumulative compilation 
            and analysis of data collected and provided by 
            international fishery management organizations and other 
            nations and organizations,'' after ``shall''; and
                (ii) by striking ``2 years'' and inserting ``3 years'';
            (B) in paragraph (1), by inserting ``that undermines the 
        effectiveness of measures required by an international fishery 
        management organization, taking into account whether'' after 
        ``(1)''; and
            (C) in paragraph (1), by striking ``vessels of''.
        (2) Additional grounds for identification.--Section 609(a) of 
    such Act (16 U.S.C. 1826j(a)) is further amended--
            (A) by redesignating paragraphs (1) and (2) in order as 
        subparagraphs (A) and (B) (and by moving the margins of such 
        subparagraphs 2 ems to the right);
            (B) by inserting before the first sentence the following:
        ``(1) Identification for actions of fishing ves-
    sels.--''; and
            (C) by adding at the end the following:
        ``(2) Identification for actions of nation.--Taking into 
    account the factors described under section 609(a)(1), the 
    Secretary shall also identify, and list in such report, a nation--
            ``(A) if it is violating, or has violated at any point 
        during the preceding 3 years, conservation and management 
        measures required under an international fishery management 
        agreement to which the United States is a party and the 
        violations undermine the effectiveness of such measures; or
            ``(B) if it is failing, or has failed in the preceding 3-
        year period, to effectively address or regulate illegal, 
        unreported, or unregulated fishing in areas described under 
        paragraph (1)(B).
        ``(3) Application to other entities.--Where the provisions of 
    this Act are applicable to nations, they shall also be applicable, 
    as appropriate, to other entities that have competency to enter 
    into international fishery management agreements.''.
        (3) Period of fishing practices supporting identification.--
    Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) is amended by 
    striking ``calendar year'' and inserting ``3 years''.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce $450,000 for each of fiscal 
years 2016 through 2020 to implement the amendments made by subsections 
(b) and (g).
    (i) Technical Corrections.--
        (1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is amended 
    by striking ``whose vessels'' and inserting ``that''.
        (2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) is 
    amended by striking ``of its fishing vessels''.
        (3) Section 609(d)(1)(A) of such Act (16 U.S.C. 1826j(d)(1)(A)) 
    is amended by striking ``of its fishing vessels''.
        (4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) is 
    amended--
            (A) by striking ``for certification'' and inserting ``to 
        authorize'';
            (B) by inserting ``the importation'' after ``or other 
        basis'';
            (C) by striking ``harvesting''; and
            (D) by striking ``not certified under paragraph (1)'' and 
        inserting ``issued a negative certification under paragraph 
        (1)''.
        (5) Section 610 of such Act (16 U.S.C. 1826k) is amended as 
    follows:
            (A) In subsection (a)(1), by striking ``practices;'' and 
        inserting ``practices--''.
            (B) In subsection (c)(4), by striking all preceding 
        subparagraph (B) and inserting the following:
        ``(4) Alternative procedure.--The Secretary may establish a 
    procedure to authorize, on a shipment-by-shipment, shipper-by-
    shipper, or other basis the importation of fish or fish products 
    from a vessel of a nation issued a negative certification under 
    paragraph (1) if the Secretary determines that such imports were 
    harvested by practices that do not result in bycatch of a protected 
    marine species, or were harvested by practices that--
            ``(A) are comparable to those of the United States, taking 
        into account different conditions; and''.
    SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES 
      ENFORCEMENT ACT.
    (a) Negative Certification Effects.--Section 101 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
        (1) in subsection (a)(2), by striking ``recognized principles 
    of'' after ``in accordance with'';
        (2) in subsection (a)(2)(A), by inserting ``or, as appropriate, 
    for fishing vessels of a nation that receives a negative 
    certification under section 609(d) or section 610(c) of the High 
    Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826)'' 
    after ``(1)'';
        (3) in subsection (a)(2)(B), by inserting before the period the 
    following: ``, except for the purposes of inspecting such vessel, 
    conducting an investigation, or taking other appropriate 
    enforcement action'';
        (4) in subsection (b)(1)(A)(i), by striking ``or illegal, 
    unreported, or unregulated fishing'' after ``driftnet fishing'';
        (5) in subsection (b)(1)(B) and subsection (b)(2), by striking 
    ``or illegal, unreported, or unregulated fishing'' after ``driftnet 
    fishing'' each place it appears;
        (6) in subsection (b)(3)(A)(i), by inserting ``or a negative 
    certification under section 609(d) or section 610(c) of the High 
    Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
    1826j(d), 1826k(c))'' after ``(1)(A)'';
        (7) in subsection (b)(4)(A), by inserting ``or issues a 
    negative certification under section 609(d) or section 610(c) of 
    the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
    1826j(d), 1826k(c))'' after ``paragraph (1)'';
        (8) in subsection (b)(4)(A)(i), by striking ``or illegal, 
    unreported, or unregulated fishing'' after ``driftnet fishing''; 
    and
        (9) in subsection (b)(4)(A)(i), by inserting ``, or to address 
    the offending activities for which a nation received a negative 
    certification under section 609(d) or 610(c) of the High Seas 
    Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 
    1826k(c))'' after ``beyond the exclusive economic zone of any 
    nation''.
    (b) Duration of Negative Certification Effects.--Section 102 of 
such Act (16 U.S.C. 1826b) is amended by--
        (1) striking ``or illegal, unreported, or unregulated 
    fishing''; and
        (2) inserting ``or effectively addressed the offending 
    activities for which the nation received a negative certification 
    under 609(d) or 610(c) of the High Seas Driftnet Fishing Moratorium 
    Protection Act (16 U.S.C. 1826j(d), 1826k(c))'' before the period 
    at the end.
    SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 
      1992.
    (a) Unlawful Activities.--Section 810 of the North Pacific 
Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
        (1) in paragraph (5), by inserting ``, investigation,'' after 
    ``search''; and
        (2) in paragraph (6), by inserting ``, investigation,'' after 
    ``search''.
    (b) Additional Prohibitions and Enforcement.--Section 811 of the 
Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is 
amended to read as follows:
    ``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.
    ``For additional prohibitions relating to this Act and enforcement 
of this Act, see section 606 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826g).''.
    SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.
    Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) 
is amended--
        (1) in subsection (a)(2)--
            (A) by inserting ``, investigation,'' after ``search''; and
            (B) by striking ``this title;'' and inserting ``this 
        Act;'';
        (2) in subsection (a)(3)--
            (A) by inserting ``, investigation,'' after ``search''; and
            (B) by striking ``subparagraph (2);'' and inserting 
        ``paragraph (2);'';
        (3) in subsection (a)(5), by striking ``this title; or'' and 
    inserting ``this Act;''; and
        (4) by striking subsections (b) through (f) and inserting the 
    following:
    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.
    SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES 
      CONVENTION IMPLEMENTATION ACT.
    The Western and Central Pacific Fisheries Convention Implementation 
Act (title V of Public Law 109-479) is amended--
        (1) by amending section 506(c) (16 U.S.C. 6905(c)) to read as 
    follows:
    ``(c) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''; and
        (2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
    ``suspension, on'' and inserting ``suspension, of''.
    SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES 
      CONVENTION ACT.
    The Antarctic Marine Living Resources Convention Act of 1984 is 
amended--
        (1) in section 306 (16 U.S.C. 2435)--
            (A) in paragraph (3), by striking ``which he knows, or 
        reasonably should have known, was'';
            (B) in paragraph (4), by inserting ``, investigation,'' 
        after ``search''; and
            (C) in paragraph (5), by inserting ``, investigation,'' 
        after ``search''; and
        (2) in section 307 (16 U.S.C. 2436)--
            (A) by inserting ``(a) In General.--'' before the first 
        sentence; and
            (B) by adding at the end the following:
    ``(b) Regulations To Implement Conservation Measures.--
        ``(1) In general.--Notwithstanding subsections (b), (c), and 
    (d) of section 553 of title 5, United States Code, the Secretary of 
    Commerce may publish in the Federal Register a final regulation to 
    implement any conservation measure for which the Secretary of State 
    notifies the Commission under section 305(a)(1)--
            ``(A) that has been in effect for 12 months or less;
            ``(B) that is adopted by the Commission; and
            ``(C) with respect to which the Secretary of State, does 
        not notify Commission in accordance with section 305(a)(1) 
        within the time period allotted for objections under Article IX 
        of the Convention.
        ``(2) Entering into force.--Upon publication of such regulation 
    in the Federal Register, such conservation measure shall enter into 
    force with respect to the United States.''.
    SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.
    The Atlantic Tunas Convention Act of 1975 is amended--
        (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
            (A) by striking ``(A)'' and inserting ``(i)'';
            (B) by striking ``(B)'' and inserting ``(ii)'';
            (C) by inserting ``(A)'' after ``(2)''; and
            (D) by adding at the end the following:
    ``(B) Notwithstanding the requirements of subparagraph (A) and 
subsections (b) and (c) of section 553 of title 5, United States Code, 
the Secretary may issue final regulations to implement Commission 
recommendations referred to in paragraph (1) concerning trade 
restrictive measures against nations or fishing entities.'';
        (2) in section 7 (16 U.S.C. 971e) by striking subsections (e) 
    and (f) and redesignating subsection (g) as subsection (e);
        (3) in section 8 (16 U.S.C. 971f)--
            (A) by striking subsections (a) and (c); and
            (B) by inserting before subsection (b) the following:
    ``(a) For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
        (4) in section 8(b) by striking ``the enforcement activities 
    specified in section 8(a) of this Act'' each place it appears and 
    inserting ``enforcement activities with respect to this Act that 
    are otherwise authorized by law''; and
        (5) by striking section 11 (16 U.S.C. 971j) and redesignating 
    sections 12 and 13 as sections 11 and 12, respectively.
    SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 
      1965.
    Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 
U.S.C. 5503(f)) is amended to read as follows:
    ``(f) Validity.--A permit issued under this section for a vessel is 
void if--
        ``(1) any other permit or authorization required for the vessel 
    to fish is expired, revoked, or suspended; or
        ``(2) the vessel is no longer documented under the laws of the 
    United States or eligible for such documentation.''.
    SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION 
      ACT.
    The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is 
amended by amending subsection (e) to read as follows:
    ``(e) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.
    SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.
    Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 
773e) is amended--
        (1) in subsection (a) by redesignating paragraphs (1) through 
    (6) as subparagraphs (A) through (F);
        (2) by redesignating subsections (a) and (b) as paragraphs (1) 
    and (2), respectively;
        (3) in paragraph (1)(B), as so redesignated, by inserting ``, 
    investigation,'' before ``or inspection'';
        (4) in paragraph (1)(C), as so redesignated, by inserting ``, 
    investigation,'' before ``or inspection'';
        (5) in paragraph (1)(E), as so redesignated, by striking ``or'' 
    after the semicolon; and
        (6) in paragraph (1)(F), as so redesignated, by striking 
    ``section.'' and inserting ``section; or''.
    SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION 
      ACT OF 1995.
    Section 207 of the Northwest Atlantic Fisheries Convention Act of 
1995 (16 U.S.C. 5606) is amended--
        (1) in the section heading, by striking ``and penalties'' and 
    inserting ``and enforcement'';
        (2) in subsection (a)(2), by inserting ``, investigation,'' 
    before ``or inspection'';
        (3) in subsection (a)(3), by inserting ``, investigation,'' 
    before ``or inspection''; and
        (4) by striking subsections (b) through (f) and inserting the 
    following:
    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.
    SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION 
      AND MANAGEMENT ACT.
    Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before 
the semicolon the following: ``or any treaty or in contravention of any 
binding conservation measure adopted by an international agreement or 
organization to which the United States is a party''.

           TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION

    SEC. 201. SHORT TITLE.
    This title may be cited as the ``Antigua Convention Implementing 
Act of 2015''.
    SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.
    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Tuna Conventions Act of 
1950 (16 U.S.C. 951 et seq.).
    SEC. 203. DEFINITIONS.
    Section 2 (16 U.S.C. 951) is amended to read as follows:
``SEC. 2. DEFINITIONS.
    ``In this Act:
        ``(1) Antigua convention.--The term `Antigua Convention' means 
    the Convention for the Strengthening of the Inter-American Tropical 
    Tuna Commission Established by the 1949 Convention Between the 
    United States of America and the Republic of Costa Rica, signed at 
    Washington, November 14, 2003.
        ``(2) Commission.--The term `Commission' means the Inter-
    American Tropical Tuna Commission provided for by the Convention.
        ``(3) Convention.--The term `Convention' means--
            ``(A) the Convention for the Establishment of an Inter-
        American Tropical Tuna Commission, signed at Washington, May 
        31, 1949, by the United States of America and the Republic of 
        Costa Rica;
            ``(B) the Antigua Convention, upon its entry into force for 
        the United States, and any amendments thereto that are in force 
        for the United States; or
            ``(C) both such Conventions, as the context requires.
        ``(4) Person.--The term `person' means an individual, 
    partnership, corporation, or association subject to the 
    jurisdiction of the United States.
        ``(5) United states.--The term `United States' includes all 
    areas under the sovereignty of the United States.
        ``(6) United states commissioners.--The term `United States 
    commissioners' means the individuals appointed in accordance with 
    section 3(a).''.
    SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.
    Section 3 (16 U.S.C. 952) is amended to read as follows:
``SEC. 3. COMMISSIONERS.
    ``(a) Commissioners.--The United States shall be represented on the 
Commission by four United States Commissioners. The President shall 
appoint individuals to serve on the Commission. The United States 
Commissioners shall be subject to supervision and removal by the 
Secretary of State, in consultation with the Secretary. In making the 
appointments, the President shall select United States Commissioners 
from among individuals who are knowledgeable or experienced concerning 
highly migratory fish stocks in the eastern tropical Pacific Ocean, one 
of whom shall be an officer or employee of the Department of Commerce. 
Not more than two United States Commissioners may be appointed who 
reside in a State other than a State whose vessels maintain a 
substantial fishery in the area of the Convention.
    ``(b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise, at any meeting of the Commission or of the 
General Advisory Committee or Scientific Advisory Subcommittee 
established pursuant to section 4(b), all powers and duties of a United 
States Commissioner in the absence of any United States Commissioner 
appointed pursuant to subsection (a) of this section for whatever 
reason. The number of such Alternate United States Commissioners that 
may be designated for any such meeting shall be limited to the number 
of United States Commissioners appointed pursuant to subsection (a) of 
this section who will not be present at such meeting.
    ``(c) Administrative Matters.--
        ``(1) Employment status.--Individuals serving as United States 
    Commissioners, other than officers or employees of the United 
    States Government, shall not be considered Federal employees except 
    for the purposes of injury compensation or tort claims liability as 
    provided in chapter 81 of title 5, United States Code, and chapter 
    171 of title 28, United States Code.
        ``(2) Compensation.--The United States Commissioners or 
    Alternate Commissioners, although officers of the United States 
    while so serving, shall receive no compensation for their services 
    as United States Commissioners or Alternate Commissioners.
        ``(3) Travel expenses.--
            ``(A) The Secretary of State shall pay the necessary travel 
        expenses of United States Commissioners and Alternate United 
        States Commissioners to meetings of the Inter-American Tropical 
        Tuna Commission and other meetings the Secretary of State deems 
        necessary to fulfill their duties, in accordance with the 
        Federal Travel Regulations and sections 5701, 5702, 5704 
        through 5708, and 5731 of title 5, United States Code.
            ``(B) The Secretary may reimburse the Secretary of State 
        for amounts expended by the Secretary of State under this 
        subsection.''.
    SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
      SUBCOMMITTEE.
    Section 4 (16 U.S.C. 953) is amended--
        (1) by striking subsection (a) and inserting the following:
    ``(a) General Advisory Committee.--
        ``(1) Appointments; public participation; compensation.--
            ``(A) The Secretary, in consultation with the Secretary of 
        State, shall appoint a General Advisory Committee which shall 
        consist of not more than 25 individuals who shall be 
        representative of the various groups concerned with the 
        fisheries covered by the Convention, including nongovernmental 
        conservation organizations, providing to the maximum extent 
        practicable an equitable balance among such groups. Members of 
        the General Advisory Committee will be eligible to participate 
        as members of the United States delegation to the Commission 
        and its working groups to the extent the Commission rules and 
        space for delegations allow.
            ``(B) The chair of the Pacific Fishery Management Council's 
        Advisory Subpanel for Highly Migratory Fisheries and the chair 
        of the Western Pacific Fishery Management Council's Advisory 
        Committee shall be ex-officio members of the General Advisory 
        Committee by virtue of their positions in those Councils.
            ``(C) Each member of the General Advisory Committee 
        appointed under subparagraph (A) shall serve for a term of 3 
        years and is eligible for reappointment.
            ``(D) The General Advisory Committee shall be invited to 
        attend all non-executive meetings of the United States 
        delegation and at such meetings shall be given opportunity to 
        examine and to be heard on all proposed programs of 
        investigation, reports, recommendations, and regulations of the 
        Commission.
            ``(E) The General Advisory Committee shall determine its 
        organization, and prescribe its practices and procedures for 
        carrying out its functions under this title, the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.), and the Convention. The General Advisory Committee 
        shall publish and make available to the public a statement of 
        its organization, practices, and procedures. Meetings of the 
        General Advisory Committee, except when in executive session, 
        shall be open to the public, and prior notice of meetings shall 
        be made public in timely fashion. The General Advisory 
        Committee shall not be subject to the Federal Advisory 
        Committee Act (5 U.S.C. App.).
        ``(2) Information sharing.--The Secretary and the Secretary of 
    State shall furnish the General Advisory Committee with relevant 
    information concerning fisheries and international fishery 
    agreements.
        ``(3) Administrative matters.--
            ``(A) The Secretary shall provide to the General Advisory 
        Committee in a timely manner such administrative and technical 
        support services as are necessary for its effective 
        functioning.
            ``(B) Individuals appointed to serve as a member of the 
        General Advisory Committee--
                ``(i) shall serve without pay, but while away from 
            their homes or regular places of business to attend 
            meetings of the General Advisory Committee shall be allowed 
            travel expenses, including per diem in lieu of subsistence, 
            in the same manner as persons employed intermittently in 
            the Government service are allowed expenses under section 
            5703 of title 5, United States Code; and
                ``(ii) shall not be considered Federal employees except 
            for the purposes of injury compensation or tort claims 
            liability as provided in chapter 81 of title 5, United 
            States Code, and chapter 171 of title 28, United States 
            Code.'';
        (2) by striking so much of subsection (b) as precedes paragraph 
    (2) and inserting the following:
    ``(b) Scientific Advisory Subcommittee.--(1) The Secretary, in 
consultation with the Secretary of State, shall appoint a Scientific 
Advisory Subcommittee of not less than 5 nor more than 15 qualified 
scientists with balanced representation from the public and private 
sectors, including nongovernmental conservation organizations.''; and
        (3) in subsection (b)(3), by striking ``General Advisory 
    Subcommittee'' and inserting ``General Advisory Committee''.
    SEC. 206. RULEMAKING.
    Section 6 (16 U.S.C. 955) is amended to read as follows:
``SEC. 6. RULEMAKING.
    ``(a) Regulations.--The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, the 
Secretary of the Department in which the Coast Guard is operating, may 
promulgate such regulations as may be necessary to carry out the United 
States international obligations under the Convention and this Act, 
including recommendations and decisions adopted by the Commission. In 
cases where the Secretary has discretion in the implementation of one 
or more measures adopted by the Commission that would govern fisheries 
under the authority of a Regional Fishery Management Council, the 
Secretary may, to the extent practicable within the implementation 
schedule of the Convention and any recommendations and decisions 
adopted by the Commission, promulgate such regulations as may be 
necessary to carry out the United States international obligations 
under the Convention and this Act, in accordance with the procedures 
established by the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).
    ``(b) Jurisdiction.--The Secretary may promulgate regulations as 
may be necessary to carry out the United States international 
obligations under the Convention and this Act, applicable to all 
vessels and persons subject to the jurisdiction of the United States, 
including vessels documented under chapter 121 of title 46, United 
States Code, wherever they may be operating, on such date as the 
Secretary shall prescribe.''.
    SEC. 207. PROHIBITED ACTS.
    Section 8 (16 U.S.C. 957) is amended--
        (1) by striking ``section 6(c) of this Act'' each place it 
    appears and inserting ``section 6''; and
        (2) by adding at the end the following:
    ``(i) Additional Prohibitions and Enforcement.--For prohibitions 
relating to this Act and enforcement of this Act, see section 606 of 
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).''.
    SEC. 208. ENFORCEMENT.
    Section 10 (16 U.S.C. 959) is amended to read as follows:
  ``SEC. 10. ENFORCEMENT.
    ``For enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.
    SEC. 209. REDUCTION OF BYCATCH.
    Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and 
inserting ``vessels''.
    SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.
    The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et 
seq.) is repealed.

   TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND 
         ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

    SEC. 301. SHORT TITLE.
    This title may be cited as the ``Port State Measures Agreement Act 
of 2015''.
    SEC. 302. PURPOSE.
    The purpose of this title is to implement the Agreement on Port 
State Measures to Prevent, Deter and Eliminate Illegal, Unreported and 
Unregulated Fishing.
    SEC. 303. DEFINITIONS.
    As used in this title:
        (1) The term ``Agreement'' means the Agreement on Port State 
    Measures to Prevent, Deter and Eliminate Illegal, Unreported and 
    Unregulated Fishing, done at the Food and Agriculture Organization 
    of the United Nations, in Rome, Italy, November 22, 2009, and 
    signed by the United States November 22, 2009.
        (2) The term ``IUU fishing'' means any activity set out in 
    paragraph 3 of the 2001 FAO International Plan of Action to 
    Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 
    Fishing.
        (3) The term ``listed IUU vessel'' means a vessel that is 
    included in a list of vessels having engaged in IUU fishing or 
    fishing-related activities in support of IUU fishing that has been 
    adopted by a regional fisheries management organization of which 
    the United States is a member, or a list adopted by a regional 
    fisheries management organization of which the United States is not 
    a member if the Secretary determines the criteria used by that 
    organization to create the IUU list is comparable to criteria 
    adopted by RFMOs of which the United States is a member for 
    identifying IUU vessels and activities.
        (4) The term ``Magnuson-Stevens Act'' means the Magnuson-
    Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et 
    seq.).
        (5) The term ``person'' has the same meaning as that term has 
    in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
        (6) The terms ``RFMO'' and ``regional fisheries management 
    organization'' mean a regional fisheries management organization 
    (as that term is defined by the United Nation's Food and 
    Agriculture Organization Agreement on Port State Measures to 
    Prevent, Deter and Eliminate Illegal, Unreported and Unregulated 
    Fishing) that is recognized by the United States.
        (7) The term ``Secretary'' means the Secretary of Commerce or 
    his or her designee.
        (8) The term ``vessel'' means any vessel, ship of another type, 
    or boat used for, equipped to be used for, or intended to be used 
    for, fishing or fishing-related activities, including container 
    vessels that are carrying fish that have not been previously 
    landed.
        (9) The term ``fish'' means finfish, mollusks, crustaceans, and 
    all other forms of marine animal and plant life other than marine 
    mammals and birds.
        (10) The term ``fishing''--
            (A) except as provided in subparagraph (B), means--
                (i) the catching, taking, or harvesting of fish;
                (ii) the attempted catching, taking, or harvesting of 
            fish;
                (iii) any other activity which can reasonably be 
            expected to result in the catching, taking, or harvesting 
            of fish; or
                (iv) any operations at sea in support of, or in 
            preparation for, any activity described in clauses (i) 
            through (iii); and
            (B) does not include any scientific research activity that 
        is conducted by a scientific research vessel.
    SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY.
    (a) Regulations.--The Secretary may, as needed, promulgate such 
regulations--
        (1) in accordance with section 553 of title 5, United States 
    Code;
        (2) consistent with provisions of the title; and
        (3) with respect to enforcement measures, in consultation with 
    the Secretary of the department in which the Coast Guard is 
    operating;
as may be necessary to carry out the purposes of this title, to the 
extent that such regulations are not already promulgated.
    (b) Ports of Entry.--The Secretary, in consultation with the 
Secretary of the department in which the Coast Guard is operating, may 
designate and publicize the ports to which vessels may seek entry. No 
port may be designated under this section that has not also been 
designated as a port of entry for customs reporting purposes pursuant 
to section 1433 of title 19, United States Code, or that is not 
specified under an existing international fisheries agreement.
    (c) Notification.--The Secretary shall provide notification of the 
denial of port entry or the use of port services for a vessel under 
section 305, the withdrawal of the denial of port services for a 
foreign vessel, the taking of enforcement action pursuant to section 
306 with respect to a foreign vessel, or the results of any inspection 
of a foreign vessel conducted pursuant to this title to the flag nation 
of the vessel and, as appropriate, to the nation of which the vessel's 
master is a national, relevant coastal nations, RFMOs, the Food and 
Agriculture Organization of the United Nations, and other relevant 
international organizations.
    (d) Confirmation That Fish Were Taken in Accordance With 
Conservation and Management Measures.--The Secretary may request 
confirmation from the flag state of a foreign vessel that the fish on 
board a foreign vessel in a port subject to the jurisdiction of the 
United States were taken in accordance with applicable RFMO 
conservation and management measures.
    SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY.
    (a) Submission of Information Required Under Agreement.--
        (1) In general.--A vessel described in paragraph (2) seeking 
    entry to a port that is subject to the jurisdiction of the United 
    States must submit to the Secretary of the department in which the 
    Coast Guard is operating information as required under the 
    Agreement in advance of its arrival in port. The Secretary of the 
    department in which the Coast Guard is operating shall provide that 
    information to the Secretary.
        (2) Covered vessels.--A vessel referred to in paragraph (1) is 
    any vessel that--
            (A) is not documented under chapter 121 of title 46, United 
        States Code; and
            (B) is not numbered under chapter 123 of that title.
    (b) Decision To Authorize or Deny Port Entry.--
        (1) Decision.--The Secretary shall decide, based on the 
    information submitted under subsection (a), whether to authorize or 
    deny port entry by the vessel, and shall communicate such decision 
    to--
            (A) the Secretary of the department in which the Coast 
        Guard is operating; and
            (B) the vessel or its representative.
        (2) Authorization or denial of entry.--The Secretary of the 
    department in which the Coast Guard is operating shall authorize or 
    deny entry to vessels to which such a decision applies.
        (3) Vessels to which entry may be denied.--The Secretary of the 
    department in which the Coast Guard is operating may deny entry to 
    any vessel to which such a decision applies--
            (A) that is described in subsection (a)(2); and
            (B) that--
                (i) is a listed IUU vessel; or
                (ii) the Secretary of Commerce has reasonable grounds 
            to believe--

                    (I) has engaged in IUU fishing or fishing-related 
                activities in support of such fishing; or
                    (II) has violated this title.

    (c) Denial of Use of Port.--If a vessel described in subsection 
(a)(2) is in a port that is subject to the jurisdiction of the United 
States, the Secretary of the department in which the Coast Guard is 
operating, at the request of the Secretary, shall deny such vessel the 
use of the port for landing, transshipment, packaging and processing of 
fish, refueling, resupplying, maintenance, and drydocking, if--
        (1) the vessel entered without authorization under subsection 
    (b);
        (2) the vessel is a listed IUU vessel;
        (3) the vessel is not documented under the laws of another 
    nation;
        (4) the flag nation of the vessel has failed to provide 
    confirmation requested by the Secretary that the fish on board were 
    taken in accordance with applicable RFMO conservation and 
    management measures; or
        (5) the Secretary has reasonable grounds to believe--
            (A) the vessel lacks valid authorizations to engage in 
        fishing or fishing-related activities as required by its flag 
        nation or the relevant coastal nation;
            (B) the fish on board were taken in violation of foreign 
        law or in contravention of any RFMO conservation and management 
        measure; or
            (C) the vessel has engaged in IUU fishing or fishing-
        related activities in support of such fishing, including in 
        support of a listed IUU vessel, unless it can establish that--
                (i) it was acting in a manner consistent with 
            applicable RFMO conservation and management measures; or
                (ii) in the case of the provision of personnel, fuel, 
            gear, and other supplies at sea, the vessel provisioned was 
            not, at the time of provisioning, a listed IUU vessel.
    (d) Exceptions.--Notwithstanding subsections (b) and (c), the 
Secretary of the department in which the Coast Guard is operating may 
allow port entry or the use of port services--
        (1) if they are essential to the safety or health of the crew 
    or safety of the vessel;
        (2) to allow, where appropriate, for the scrapping of the 
    vessel; or
        (3) pursuant to an inspection or other enforcement action.
    SEC. 306. INSPECTIONS.
    The Secretary, and the Secretary of the department in which the 
Coast Guard is operating, shall conduct foreign vessel inspections in 
ports subject to the jurisdiction of the United States as necessary to 
achieve the purposes of the Agreement and this title. If, following an 
inspection, the Secretary has reasonable grounds to believe that a 
foreign vessel has engaged in IUU fishing or fishing-related activities 
in support of such fishing, the Secretary may take enforcement action 
under this title or other applicable law, and shall deny the vessel the 
use of port services, in accordance with section 305.
    SEC. 307. PROHIBITED ACTS.
    It is unlawful for any person subject to the jurisdiction of the 
United States--
        (1) to violate any provision of this title or the regulations 
    issued under this title;
        (2) to refuse to permit any authorized officer to board, 
    search, or inspect a vessel that is subject to the person's control 
    in connection with the enforcement of this title or the regulations 
    issued under this title;
        (3) to submit false information pursuant to any requirement 
    under this title or the regulations issued under this title; or
        (4) to commit any offense enumerated in paragraph (4), (5), 
    (7), or (9) of section 707(a) of the Western and Central Pacific 
    Fisheries Convention Implementation Act (16 U.S.C. 6906(a)).
    SEC. 308. ENFORCEMENT.
    (a) Existing Authorities and Responsibilities.--
        (1) Authorities and responsibilities.--The authorities and 
    responsibilities under subsections (a), (b), and (c) of section 311 
    and subsection (f) of section 308 of the Magnuson-Stevens Act (16 
    U.S.C. 1861, 1858) and paragraphs (2), (3), and (7) of section 
    310(b) of the Antarctic Marine Living Resources Convention Act of 
    1984 (16 U.S.C. 2439(b)) shall apply with respect to enforcement of 
    this title.
        (2) Included vessels.--For purposes of enforcing this title, 
    any reference in such paragraphs and subsections to a ``vessel'' or 
    ``fishing vessel'' includes all vessels as defined in section 
    303(8) of this title.
        (3) Application of other provisions.--Such paragraphs and 
    subsections apply to violations of this title and any regulations 
    promulgated under this title.
    (b) Civil Enforcement.--
        (1) Civil administrative penalties.--
            (A) In general.--Any person who is found by the Secretary 
        (after notice and opportunity for a hearing in accordance with 
        section 554 of title 5, United States Code) to have committed 
        an act prohibited under section 307 shall be liable to the 
        United States for a civil penalty. The amount of the civil 
        penalty shall be consistent with the amount under section 
        308(a) of the Magnuson-Stevens Act (16 U.S.C. 1858(a)).
            (B) Compromise or other action by secretary.--The Secretary 
        shall have the same authority as provided in section 308(e) of 
        the Magnuson-Stevens Act (16 U.S.C. 1858(e)) with respect to a 
        violation of this Act.
        (2) In rem jurisdiction.--For purposes of this title, the 
    conditions for in rem liability shall be consistent with section 
    308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)).
        (3) Action upon failure to pay assessment.--If any person fails 
    to pay an assessment of a civil penalty under this title after it 
    has become a final and unappealable order, or after the appropriate 
    court has entered final judgment in favor of the Secretary, the 
    Secretary shall refer the matter to the Attorney General, who shall 
    recover the amount assessed in any appropriate district court of 
    the United States. In such action, the validity and appropriateness 
    of the final order imposing the civil penalty shall not be subject 
    to review.
    (c) Forfeiture.--
        (1) In general.--Any foreign vessel (including its fishing 
    gear, furniture, appurtenances, stores, and cargo) used, and any 
    fish (or the fair market value thereof) imported or possessed in 
    connection with or as result of the commission of any act 
    prohibited by section 307 of this title shall be subject to 
    forfeiture under section 310 of the Magnuson-Stevens Act (16 U.S.C. 
    1860).
        (2) Application of the customs laws.--All provisions of law 
    relating to seizure, summary judgment, and judicial forfeiture and 
    condemnation for violation of the customs laws, the disposition of 
    the property forfeited or condemned or the proceeds from the sale 
    thereof, the remission or mitigation of such forfeitures, and the 
    compromise of claims shall apply to seizures and forfeitures 
    incurred, or alleged to have been incurred, under the provisions of 
    this title, insofar as applicable and not inconsistent with the 
    provisions hereof. For seizures and forfeitures of property under 
    this section by the Secretary, such duties as are imposed upon the 
    customs officer or any other person with respect to the seizure and 
    forfeiture of property under the customs law may be performed by 
    such officers as are designated by the Secretary or, upon request 
    of the Secretary, by any other agency that has authority to manage 
    and dispose of seized property.
        (3) Presumption.--For the purposes of this section there is a 
    rebuttable presumption that all fish, or components thereof, found 
    on board a vessel that is used or seized in connection with a 
    violation of this title (including any regulation promulgated under 
    this Act) were taken, obtained, or retained as a result of IUU 
    fishing or fishing-related activities in support of IUU fishing.
    (d) Criminal Enforcement.--Any person (other than a foreign 
government agency, or entity wholly owned by a foreign government) who 
knowingly commits an act prohibited by section 307 of this title shall 
be subject to subsections (b) and (c) of section 309 of the Magnuson-
Stevens Act (16 U.S.C. 1859).
    (e) Payment of Storage, Care, and Other Costs.--Any person assessed 
a civil penalty for, or convicted of, any violation of this title 
(including any regulation promulgated under this title) and any 
claimant in a forfeiture action brought for such a violation, shall be 
liable for the reasonable costs incurred by the Secretary in storage, 
care, and maintenance of any property seized in connection with the 
violation.
    SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE.
    (a) Assistance to Developing Nations and International 
Organizations.--Consistent with existing authority and the availability 
of funds, the Secretary shall provide appropriate assistance to 
developing nations and international organizations of which such 
nations are members to assist those nations in meeting their 
obligations under the Agreement.
    (b) Personnel, Services, Equipment, and Facilities.--In carrying 
out subsection (a), the Secretary may, by agreement, on a reimbursable 
or nonreimbursable basis, utilize the personnel, services, equipment, 
and facilities of any Federal, State, local, or foreign government or 
any entity of any such government.
    SEC. 310. RELATIONSHIP TO OTHER LAWS.
    (a) In General.--Nothing in this title shall be construed to 
displace any requirements imposed by the customs laws of the United 
States or any other laws or regulations enforced or administered by the 
Secretary of Homeland Security. Where more stringent requirements 
regarding port entry or access to port services exist under other 
Federal law, those more stringent requirements shall apply. Nothing in 
this title shall affect a vessel's entry into port, in accordance with 
international law, for reasons of force majeure or distress.
    (b) United States Obligations Under International Law.--This title 
shall be interpreted and applied in accordance with United States 
obligations under international law.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.
```