I 

114TH CONGRESS 

1ST SESSION H. R. 774 

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 HOUSE OF REPRESENTATIVES 

FEBRUARY 5, 2015 

Ms. BORDALLO (for herself, Mr. YOUNG of Alaska, Mr. WITTMAN, Mr. DEFAZIO, and Mr. GARAMENDI) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the 

Committee on Transportation and Infrastructure, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

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’’. 


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1 SEC. 2. TABLE OF CONTENTS. 

2 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. 


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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 inserting before 

10 the first sentence 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— 

22 ‘‘(1) the Pacific Salmon Treaty Act of 1985 (16 

23 U.S.C. 3631 et seq.); 

24 ‘‘(2) the Dolphin Protection Consumer Informa25 tion 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.); and 

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 through 

22 1861) were incorporated into and made a part of 

23 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. 

25 1881a), may disclose, as necessary and approVerDate Sep 11 2014 00:52 Feb 13, 2015 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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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. 71 

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 fisheries 

21 management organization (as that 

22 term is defined by the United Na23 tion’s Food and Agriculture Organiza24 tion Agreement on Port State Meas25 ures to Prevent, Deter and Eliminate 


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1 Illegal, Unreported and Unregulated 

2 Fishing) of which the United States is 

3 a member, or the Secretary has deter4 mined that the enforcement action is 

5 consistent with the requirements 

6 under Federal law for enforcement ac7 tions with respect to illegal, unre8 ported, and unregulated fishing. 

9 ‘‘(B) DATA CONFIDENTIALITY PROVISIONS

10 NOT APPLICABLE.—The data confidentiality 

11 provisions of section 402 of the Magnuson-Ste12 vens Fishery Conservation and Management 

13 Act (16 U.S.C. 1881a) shall not apply with re14 spect to this Act with respect to— 

15 ‘‘(i) any obligation of the United 

16 States to share information under a re17 gional fisheries management organization 

18 (as that term is defined by the United Na19 tion’s Food and Agriculture Organization 

20 Agreement on Port State Measures to Pre21 vent, Deter and Eliminate Illegal, Unre22 ported and Unregulated Fishing) of which 

23 the United States is a member; or 

24 ‘‘(ii) any information collected by the 

25 Secretary regarding foreign vessels. 


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1 ‘‘(e) PROHIBITED ACTS.—It is unlawful for any per2 son— 

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

4 regulation or permit issued pursuant to this Act; 

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

6 to enforce the provisions of this Act to board, 

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

8 control for the purposes of conducting any search, 

9 investigation, or inspection in connection with the 

10 enforcement of this Act, any regulation promulgated 

11 under this Act, or any Act to which this section ap12 plies; 

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

14 intimidate, or interfere with any such authorized of15 ficer in the conduct of any search, investigation, or 

16 inspection described in paragraph (2); 

17 ‘‘(4) to resist a lawful arrest for any act prohib18 ited by this section or any Act to which this section 

19 applies; 

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

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

22 other person, knowing that such person has com23 mitted any act prohibited by this section or any Act 

24 to which this section applies; or 


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

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

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

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

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

6 National Marine Fisheries Service or under 

7 contract to any person to carry out responsibil8 ities under this Act or any Act to which this 

9 section applies. 

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

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

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

13 to a permit sanction, under section 308 of the Magnuson14 Stevens Fishery Conservation and Management Act (16 

15 U.S.C. 1858). 

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

17 an act that is unlawful under subsection (e)(2), (e)(3), 

18 (e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense 

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

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

21 1859(b)). 

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

23 ’’. 

24 (2) CONFORMING AMENDMENT.—Section 

25 308(a) of the Antarctic Marine Living Resources 


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1 Convention Act of 1984 (16 U.S.C. 2437(a)) is 

2 amended to read as follows: 

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

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

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

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

8 U.S.C. 1858).’’. 

9 (b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF

10 INTERNATIONAL FISHERY MANAGEMENT ORGANIZA11 TIONS.—Section 608 of such Act (16 U.S.C. 1826i) is 

12 amended by— 

13 (1) inserting before the first sentence the fol14 lowing: ‘‘(a) IN GENERAL.—’’; 

15 (2) in subsection (a) (as designated by para16 graph (1) of this subsection) in the first sentence, 

17 inserting ‘‘, or arrangements made pursuant to an 

18 international fishery agreement,’’ after ‘‘organiza19 tions’’; and 

20 (3) adding at the end the following new sub21 sections: 

22 ‘‘(b) DISCLOSURE OF INFORMATION.— 

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

24 the data confidentiality provisions in section 402 of 

25 the Magnuson-Stevens Fishery Conservation and 


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1 Management Act (16 U.S.C. 1881a) except as pro2 vided in paragraph (2), may disclose, as necessary 

3 and appropriate, information, including information 

4 collected under joint authority of the Magnuson-Ste5 vens Fishery Conservation and Management Act (16 

6 U.S.C. 1801 et seq.) and the Atlantic Tunas Con7 vention Act of 1975 (16 U.S.C. 71 et seq.), the 

8 Western and Central Pacific Fisheries Convention 

9 Implementation Act (16 U.S.C. 6901 et seq.), any 

10 other statute implementing an international fishery 

11 agreement, to any other Federal or State govern12 ment agency, the Food and Agriculture Organization 

13 of the United Nations, or the secretariat or equiva14 lent of an international fishery management organi15 zation or arrangement made pursuant to an inter16 national fishery agreement, if such government, or17 ganization, or arrangement, respectively, has policies 

18 and procedures to protect such information from un19 intended or unauthorized disclosure. 

20 ‘‘(2) EXCEPTIONS.—The data confidentiality 

21 provisions in section 402 of the Magnuson-Stevens 

22 Fishery Conservation and Management Act (16 

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

24 Act— 


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1 ‘‘(A) for obligations of the United States 

2 to share information under a regional fisheries 

3 management organization (as that term is de4 fined by the United Nation’s Food and Agri5 culture Organization Agreement on Port State 

6 Measures to Prevent, Deter and Eliminate Ille7 gal, Unreported and Unregulated Fishing) of 

8 which the United States is a member; or 

9 ‘‘(B) to any information collected by the 

10 Secretary regarding foreign vessels. 

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

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

13 of vessels and vessel owners engaged in illegal, unre14 ported, or unregulated fishing or fishing-related ac15 tivities in support of illegal, unreported, or unregu16 lated fishing, including vessels or vessel owners iden17 tified by an international fishery management orga18 nization or arrangement made pursuant to an inter19 national fishery agreement, that— 

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

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

22 whose procedures and criteria in developing and 

23 maintaining a list of such vessels and vessel 

24 owners are substantially similar to such proce25 dures and criteria adopted pursuant to an interVerDate Sep 11 2014 00:00 Feb 14, 2015 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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1 national fishery agreement to which the United 

2 States is a party; and 

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

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

8 principles, rights, and obligations established in ap9 plicable international fishery management agree10 ments and trade agreements. 

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

12 regulations to implement this section.’’. 

13 (c) NOTIFICATION REGARDING IDENTIFICATION OF

14 NATIONS.—Section 609(b) of such Act (166 U.S.C. 

15 1826j(b)) is amended to read as follows: 

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

17 President and that nation of such an identification.’’. 

18 (d) NATIONS IDENTIFIED UNDER SECTION 610.— 

19 Section 610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) 

20 is amended to read as follows: 

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

22 and nations that have been identified under sub23 section (a), and also notify other nations whose ves24 sels engage in fishing activities or practices deVerDate Sep 11 2014 00:52 Feb 13, 2015 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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1 scribed in subsection (a), about the provisions of this 

2 section and this Act;’’. 

3 (e) EFFECT OF CERTIFICATION UNDER SECTION

4 609.—Section 609(d)(3)(A)(i) of such Act (16 U.S.C. 

5 1826j(d)(3)(A)(i)) is amended by striking ‘‘that has not 

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

7 (f) EFFECT OF CERTIFICATION UNDER SECTION

8 610.—Section 610(c)(5) of such Act (16 U.S.C. 

9 1826k(c)(5)) is amended by striking ‘‘that has not been 

10 certified by the Secretary under this subsection, or’’. 

11 (g) IDENTIFICATION OF NATIONS.— 

12 (1) SCOPE OF IDENTIFICATION FOR ACTIONS

13 OF FISHING VESSELS.—Section 609(a) of such Act 

14 (16 U.S.C. 1826j(a)) is amended— 

15 (A) in the matter preceding paragraph 

16 (1)— 

17 (i) by inserting ‘‘, based on a cumu18 lative compilation and analysis of data col19 lected and provided by international fishery 

20 management organizations and other na21 tions and organizations,’’ after ‘‘shall’’; 

22 and 

23 (ii) by striking ‘‘2 years’’ and insert24 ing ‘‘3 years’’; 


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1 (B) in paragraph (1), by inserting ‘‘that 

2 undermines the effectiveness of measures re3 quired by an international fishery management 

4 organization, taking into account whether’’ 

5 after ‘‘(1)’’; and 

6 (C) in paragraph (1), by striking ‘‘vessels 

7 of’’. 

8 (2) ADDITIONAL GROUNDS FOR IDENTIFICA9 TION.—Section 609(a) of such Act (16 U.S.C. 

10 1826j(a)) is further amended— 

11 (A) by redesignating paragraphs (1) and 

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

13 by moving the margins of such subparagraphs 

14 2 ems to the right); 

15 (B) by inserting before the first sentence 

16 the following: 

17 ‘‘(1) IDENTIFICATION FOR ACTIONS OF FISHING

18 VESSELS.—’’; and 

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

20 ‘‘(2) IDENTIFICATION FOR ACTIONS OF NA21 TION.—Taking into account the factors described 

22 under section 609(a)(1), the Secretary shall also 

23 identify, and list in such report, a nation— 

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

25 any point during the preceding three years, conVerDate Sep 11 2014 00:52 Feb 13, 2015 Jkt 049200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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1 servation and management measures required 

2 under an international fishery management 

3 agreement to which the United States is a 

4 party and the violations undermine the effec5 tiveness of such measures; or 

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

7 preceding 3-year period, to effectively address 

8 or regulate illegal, unreported, or unregulated 

9 fishing in areas described under paragraph 

10 (1)(B). 

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

12 Where the provisions of this Act are applicable to 

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

14 to other entities that have competency to enter into 

15 international fishery management agreements.’’. 

16 (3) PERIOD OF FISHING PRACTICES SUP17 PORTING IDENTIFICATION.—Section 610(a)(1) of 

18 such Act (16 U.S.C. 1826k(a)(1)) is amended by 

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

20 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

21 authorized to be appropriated to the Secretary of Com22 merce $450,000 for each of fiscal years 2016 through 

23 2020 to implement the amendments made by subsections 

24 (b) and (g). 

25 (i) TECHNICAL CORRECTIONS.— 


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1 (1) Section 607(2) of such Act (16 U.S.C. 

2 1826h(2)) is amended by striking ‘‘whose vessels’’ 

3 and inserting ‘‘that’’. 

4 (2) Section 609(d)(1) of such Act (16 U.S.C. 

5 1826j(d)(1)) is amended by striking ‘‘of its fishing 

6 vessels’’. 

7 (3) Section 609(d)(1)(A) of such Act (16 

8 U.S.C. 1826j(d)(1)(A)) is amended by striking ‘‘of 

9 its fishing vessels’’. 

10 (4) Section 609(d)(2) of such Act (16 U.S.C. 

11 1826j(d)(2)) is amended— 

12 (A) by striking ‘‘for certification’’ and in13 serting ‘‘to authorize’’; 

14 (B) by inserting ‘‘the importation’’ after 

15 ‘‘or other basis’’; 

16 (C) by striking ‘‘harvesting’’; and 

17 (D) by striking ‘‘not certified under para18 graph (1)’’ and inserting ‘‘issued a negative cer19 tification under paragraph (1)’’. 

20 (5) Section 610 of such Act (16 U.S.C. 1826k) 

21 is amended as follows: 

22 (A) In subsection (a)(1), by striking ‘‘prac23 tices;’’ and inserting ‘‘practices—’’. 


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

2 preceding subparagraph (B) and inserting the 

3 following: 

4 ‘‘(4) ALTERNATIVE PROCEDURE.—The Sec5 retary may establish a procedure to authorize, on a 

6 shipment-by-shipment, shipper-by-shipper, or other 

7 basis the importation of fish or fish products from 

8 a vessel of a nation issued a negative certification 

9 under paragraph (1) if the Secretary determines 

10 that such imports were harvested by practices that 

11 do not result in bycatch of a protected marine spe12 cies, or were harvested by practices that— 

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

14 States, taking into account different conditions; 

15 and’’. 

16 SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

17 FISHERIES ENFORCEMENT ACT. 

18 (a) NEGATIVE CERTIFICATION EFFECTS.—Section 

19 101 of the High Seas Driftnet Fisheries Enforcement Act 

20 (16 U.S.C. 1826a) is amended— 

21 (1) in subsection (a)(2), by striking ‘‘recognized 

22 principles of’’ after ‘‘in accordance with’’; 

23 (2) in subsection (a)(2)(A), by inserting ‘‘or, as 

24 appropriate, for fishing vessels of a nation that re25 ceives a negative certification under section 609(d) 


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1 or section 610(c) of the High Seas Driftnet Fishing 

2 Moratorium Protection Act (16 U.S.C. 1826)’’ after 

3 ‘‘(1)’’; 

4 (3) in subsection (a)(2)(B), by inserting before 

5 the period the following: ‘‘, except for the purposes 

6 of inspecting such vessel, conducting an investiga7 tion, or taking other appropriate enforcement ac8 tion’’; 

9 (4) in subsection (b)(1)(A)(i), by striking ‘‘or il10 legal, unreported, or unregulated fishing’’ after 

11 ‘‘driftnet fishing’’; 

12 (5) in subsection (b)(1)(B) and subsection 

13 (b)(2), by striking ‘‘or illegal, unreported, or unregu14 lated fishing’’ after ‘‘driftnet fishing’’ each place it 

15 appears; 

16 (6) in subsection (b)(3)(A)(i), by inserting ‘‘or 

17 a negative certification under section 609(d) or sec18 tion 610(c) of the High Seas Driftnet Fishing Mora19 torium Protection Act (16 U.S.C. 1826j(d), 

20 1826k(c))’’ after ‘‘(1)(A)’’; 

21 (7) in subsection (b)(4)(A), by inserting ‘‘or 

22 issues a negative certification under section 609(d) 

23 or section 610(c) of the High Seas Driftnet Fishing 

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

25 1826k(c))’’ after ‘‘paragraph (1)’’; 


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1 (8) in subsection (b)(4)(A)(i), by striking ‘‘or il2 legal, unreported, or unregulated fishing’’ after 

3 ‘‘driftnet fishing’’; and 

4 (9) in subsection (b)(4)(A)(i), by inserting ‘‘, or 

5 to address the offending activities for which a nation 

6 received a negative certification under section 609(d) 

7 or 610(c) of the High Seas Driftnet Fishing Morato8 rium Protection Act (16 U.S.C. 1826j(d), 

9 1826k(c))’’ after ‘‘beyond the exclusive economic 

10 zone of any nation’’. 

11 (b) DURATION OF NEGATIVE CERTIFICATION EF12 FECTS.—Section 102 of such Act (16 U.S.C. 1826b) is 

13 amended by— 

14 (1) striking ‘‘or illegal, unreported, or unregu15 lated fishing’’; and 

16 (2) inserting ‘‘or effectively addressed the of17 fending activities for which the nation received a 

18 negative certification under 609(d) or 610(c) of the 

19 High Seas Driftnet Fishing Moratorium Protection 

20 Act (16 U.S.C. 1826j(d), 1826k(c))’’ before the pe21 riod at the end. 


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1 SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS 

2 STOCKS ACT OF 1992. 

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

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

5 5009) is amended— 

6 (1) in paragraph (5), by inserting ‘‘, investiga7 tion,’’ after ‘‘search’’; and 

8 (2) in paragraph (6), by inserting ‘‘, investiga9 tion,’’ after ‘‘search’’. 

10 (b) ADDITIONAL PROHIBITIONS AND ENFORCE11 MENT.—Section 811 of the Northern Pacific Anadromous 

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

13 as follows: 

14 ‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCE15 MENT. 

16 ‘‘For additional prohibitions relating to this Act and 

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

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

19 1826g).’’. 

20 SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY 

21 ACT OF 1985. 

22 Section 8 of the Pacific Salmon Treaty Act of 1985 

23 (16 U.S.C. 3637) is amended— 

24 (1) in subsection (a)(2)— 

25 (A) by inserting ‘‘, investigation,’’ after 

26 ‘‘search’’; and 


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1 (B) by striking ‘‘this title;’’ and inserting 

2 ‘‘this Act;’’; 

3 (2) in subsection (a)(3)— 

4 (A) by inserting ‘‘, investigation,’’ after 

5 ‘‘search’’; and 

6 (B) by striking ‘‘subparagraph (2);’’ and 

7 inserting ‘‘paragraph (2);’’; 

8 (3) in subsection (a)(5), by striking ‘‘this title; 

9 or’’ and inserting ‘‘this Act;’’; and 

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

11 inserting the following: 

12 ‘‘(b) 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. 105. AMENDMENTS TO THE WESTERN AND CENTRAL 

18 PACIFIC FISHERIES CONVENTION IMPLE19 MENTATION ACT. 

20 The Western and Central Pacific Fisheries Conven21 tion Implementation Act (title V of Public Law 109–479) 

22 is amended— 

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

24 6905(c)) to read as follows: 


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1 ‘‘(c) ADDITIONAL PROHIBITIONS AND ENFORCE2 MENT.—For additional prohibitions relating to this Act 

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

4 Seas Driftnet Fishing Moratorium Protection Act (16 

5 U.S.C. 1826g).’’; and 

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

7 by striking ‘‘suspension, on’’ and inserting ‘‘suspen8 sion, of’’. 

9 SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIV10 ING RESOURCES CONVENTION ACT. 

11 The Antarctic Marine Living Resources Convention 

12 Act of 1984 is amended— 

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

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

15 he knows, or reasonably should have known, 

16 was’’; 

17 (B) in paragraph (4), by inserting ‘‘, inves18 tigation,’’ after ‘‘search’’; and 

19 (C) in paragraph (5), by inserting ‘‘, inves20 tigation,’’ after ‘‘search’’; and 

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

22 (A) by inserting ‘‘(a) IN GENERAL.—’’ be23 fore the first sentence; and 

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


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1 ‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION

2 MEASURES.— 

3 ‘‘(1) IN GENERAL.—Notwithstanding sub4 sections (b), (c), and (d) of section 553 of title 5, 

5 United States Code, the Secretary of Commerce may 

6 publish in the Federal Register a final regulation to 

7 implement any conservation measure for which the 

8 Secretary of State notifies the Commission under 

9 section 305(a)(1)— 

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

11 or less; 

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

13 and 

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

15 State does not notify Commission in accordance 

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

17 allotted for objections under Article IX of the 

18 Convention. 

19 ‘‘(2) ENTERING INTO FORCE.—Upon publica20 tion of such regulation in the Federal Register, such 

21 conservation measure shall enter into force with re22 spect to the United States.’’. 


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

3 The Atlantic Tunas Convention Act of 1975 is 

4 amended— 

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

6 971d(c)(2)(2))— 

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

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

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

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

11 ‘‘(B) Notwithstanding the requirements of subpara12 graph (A) and subsections (b) and (c) of section 553 of 

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

14 regulations to implement Commission recommendations 

15 referred to in paragraph (1) concerning trade restrictive 

16 measures against nations or fishing entities.’’; 

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

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

19 (g) as subsection (e); 

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

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

22 and 

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

24 following: 

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

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

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

5 place it appears and inserting ‘‘enforcement activi6 ties with respect to this Act that are otherwise au7 thorized by law’’; and 

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

9 redesignating sections 12 and 13 as sections 11 and 

10 12, respectively. 

11 SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COM12 PLIANCE ACT OF 1965. 

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

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

15 follows: 

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

17 for a vessel is void if— 

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

19 for the vessel to fish is expired, revoked, or sus20 pended; or 

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

22 the laws of the United States or eligible for such 

23 documentation.’’. 


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1 SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION 

2 CONSUMER INFORMATION ACT. 

3 The Dolphin Protection Consumer Information Act 

4 (16 U.S.C. 1385) is amended by amending subsection (e) 

5 to read as follows: 

6 ‘‘(e) ADDITIONAL PROHIBITIONS AND ENFORCE7 MENT.—For additional prohibitions relating to this Act 

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

9 Seas Driftnet Fishing Moratorium Protection Act (16 

10 U.S.C. 1826g).’’. 

11 SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HAL12 IBUT ACT OF 1982. 

13 Section 7 of the Northern Pacific Halibut Act of 

14 1982 (16 U.S.C. 773e) is amended— 

15 (1) in subsection (a) by redesignating para16 graphs (1) through (6) as subparagraphs (A) 

17 through (F); 

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

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

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

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

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

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

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

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


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

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

3 SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC 

4 FISHERIES CONVENTION ACT OF 1995. 

5 Section 207 of the Northwest Atlantic Fisheries Con6 vention Act of 1995 (16 U.S.C. 5606) is amended— 

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

8 PENALTIES’’ and inserting ‘‘AND ENFORCE9 MENT’’; 

10 (2) in subsection (a)(2), by inserting ‘‘, inves11 tigation,’’ before ‘‘or inspection’’; 

12 (3) in subsection (a)(3), by inserting ‘‘, inves13 tigation,’’ before ‘‘or inspection’’; and 

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

15 inserting the following: 

16 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE17 MENT.—For additional prohibitions relating to this Act 

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

19 Seas Driftnet Fishing Moratorium Protection Act (16 

20 U.S.C. 1826g).’’. 

21 SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISH22 ERY CONSERVATION AND MANAGEMENT ACT. 

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

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

25 1857(1)(Q)) is amended by inserting before the semicolon 


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

2 binding conservation measure adopted by an international 

3 agreement or organization to which the United States is 

4 a party’’. 

5 TITLE II—IMPLEMENTATION OF 

6 THE ANTIGUA CONVENTION 

7 SEC. 201. SHORT TITLE. 

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

9 Implementing Act of 2015’’. 

10 SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT 

11 OF 1950. 

12 Except as otherwise expressly provided, whenever in 

13 this title an amendment or repeal is expressed in terms 

14 of an amendment to, or repeal of, a section or other provi15 sion, the reference shall be considered to be made to a 

16 section or other provision of the Tuna Conventions Act 

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

18 SEC. 203. DEFINITIONS. 

19 Section 2 (16 U.S.C. 951) is amended to read as fol20 lows: 

21 ‘‘SEC. 2. DEFINITIONS. 

22 ‘‘In this Act: 

23 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Anti24 gua Convention’ means the Convention for the 

25 Strengthening of the Inter-American Tropical Tuna 


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1 Commission Established by the 1949 Convention 

2 Between the United States of America and the Re3 public of Costa Rica, signed at Washington, Novem4 ber 14, 2003. 

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

6 means the Inter-American Tropical Tuna Commis7 sion provided for by the Convention. 

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

9 means— 

10 ‘‘(A) the Convention for the Establishment 

11 of an Inter-American Tropical Tuna Commis12 sion, signed at Washington, May 31, 1949, by 

13 the United States of America and the Republic 

14 of Costa Rica; 

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

16 entry into force for the United States, and any 

17 amendments thereto that are in force for the 

18 United States; or 

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

20 requires. 

21 ‘‘(4) PERSON.—The term ‘person’ means an in22 dividual, partnership, corporation, or association 

23 subject to the jurisdiction of the United States. 


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

2 States’ includes all areas under the sovereignty of 

3 the United States. 

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

5 term ‘United States commissioners’ means the indi6 viduals appointed in accordance with section 3(a).’’. 

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

8 QUALIFICATIONS. 

9 Section 3 (16 U.S.C. 952) is amended to read as fol10 lows: 

11 ‘‘SEC. 3. COMMISSIONERS. 

12 ‘‘(a) COMMISSIONERS.—The United States shall be 

13 represented on the Commission by 4 United States Com14 missioners. The President shall appoint individuals to 

15 serve on the Commission. The United States Commis16 sioners shall be subject to supervision and removal by the 

17 Secretary of State, in consultation with the Secretary. In 

18 making the appointments, the President shall select 

19 United States Commissioners from among individuals who 

20 are knowledgeable or experienced concerning highly migra21 tory fish stocks in the eastern tropical Pacific Ocean, one 

22 of whom shall be an officer or employee of the Department 

23 of Commerce. Not more than 2 United States Commis24 sioners may be appointed who reside in a State other than 


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1 a State whose vessels maintain a substantial fishery in the 

2 area of the Convention. 

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

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

5 from time to time and for periods of time deemed appro6 priate Alternate United States Commissioners to the Com7 mission. Any Alternate United States Commissioner may 

8 exercise, at any meeting of the Commission or of the Gen9 eral Advisory Committee or Scientific Advisory Sub10 committee established pursuant to section 4(b), all powers 

11 and duties of a United States Commissioner in the ab12 sence of any United States Commissioner appointed pur13 suant to subsection (a) of this section for whatever reason. 

14 The number of such Alternate United States Commis15 sioners that may be designated for any such meeting shall 

16 be limited to the number of United States Commissioners 

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

18 will not be present at such meeting. 

19 ‘‘(c) ADMINISTRATIVE MATTERS.— 

20 ‘‘(1) EMPLOYMENT STATUS.—Individuals serv21 ing as United States Commissioners, other than offi22 cers or employees of the United States Government, 

23 shall not be considered Federal employees except for 

24 the purposes of injury compensation or tort claims 

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


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

2 States Code. 

3 ‘‘(2) COMPENSATION.—The United States Com4 missioners or Alternate Commissioners, although of5 ficers of the United States while so serving, shall re6 ceive no compensation for their services as United 

7 States Commissioners or Alternate Commissioners. 

8 ‘‘(3) TRAVEL EXPENSES.— 

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

10 necessary travel expenses of United States 

11 Commissioners and Alternate United States 

12 Commissioners to meetings of the Inter-Amer13 ican Tropical Tuna Commission and other 

14 meetings the Secretary of State deems nec15 essary to fulfill their duties, in accordance with 

16 the Federal Travel Regulations and sections 

17 5701, 5702, 5704 through 5708, and 5731 of 

18 title 5, United States Code. 

19 ‘‘(B) The Secretary may reimburse the 

20 Secretary of State for amounts expended by the 

21 Secretary of State under this subsection.’’. 

22 SEC. 205. GENERAL ADVISORY COMMITTEE AND SCI23 ENTIFIC ADVISORY SUBCOMMITTEE. 

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


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

2 following: 

3 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

4 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; 

5 COMPENSATION.— 

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

7 the Secretary of State, shall appoint a General 

8 Advisory Committee which shall consist of not 

9 more than 25 individuals who shall be rep10 resentative of the various groups concerned 

11 with the fisheries covered by the Convention, in12 cluding nongovernmental conservation organiza13 tions, providing to the maximum extent prac14 ticable an equitable balance among such groups. 

15 Members of the General Advisory Committee 

16 will be eligible to participate as members of the 

17 United States delegation to the Commission 

18 and its working groups to the extent the Com19 mission rules and space for delegations allow. 

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

21 Management Council’s Advisory Subpanel for 

22 Highly Migratory Fisheries and the chair of the 

23 Western Pacific Fishery Management Council’s 

24 Advisory Committee shall be ex-officio members 


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1 of the General Advisory Committee by virtue of 

2 their positions in those Councils. 

3 ‘‘(C) Each member of the General Advi4 sory Committee appointed under subparagraph 

5 (A) shall serve for a term of 3 years and is eli6 gible for reappointment. 

7 ‘‘(D) The General Advisory Committee 

8 shall be invited to attend all non-executive 

9 meetings of the United States delegation and at 

10 such meetings shall be given opportunity to ex11 amine and to be heard on all proposed pro12 grams of investigation, reports, recommenda13 tions, and regulations of the Commission. 

14 ‘‘(E) The General Advisory Committee 

15 shall determine its organization, and prescribe 

16 its practices and procedures for carrying out its 

17 functions under this title, the Magnuson-Ste18 vens Fishery Conservation and Management 

19 Act (16 U.S.C. 1801 et seq.), and the Conven20 tion. The General Advisory Committee shall 

21 publish and make available to the public a 

22 statement of its organization, practices and pro23 cedures. Meetings of the General Advisory Com24 mittee, except when in executive session, shall 

25 be open to the public, and prior notice of meetVerDate Sep 11 2014 00:52 Feb 13, 2015 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H774.IH H774

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1 ings shall be made public in timely fashion. The 

2 General Advisory Committee shall not be sub3 ject to the Federal Advisory Committee Act (5 

4 U.S.C. App.). 

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

6 and the Secretary of State shall furnish the General 

7 Advisory Committee with relevant information con8 cerning fisheries and international fishery agree9 ments. 

10 ‘‘(3) ADMINISTRATIVE MATTERS.— 

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

12 General Advisory Committee in a timely man13 ner such administrative and technical support 

14 services as are necessary for its effective func15 tioning. 

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

17 member of the General Advisory Committee— 

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

19 away from their homes or regular places of 

20 business to attend meetings of the General 

21 Advisory Committee shall be allowed travel 

22 expenses, including per diem in lieu of sub23 sistence, in the same manner as persons 

24 employed intermittently in the Government 


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1 service are allowed expenses under section 

2 5703 of title 5, United States Code; and 

3 ‘‘(ii) shall not be considered Federal 

4 employees except for the purposes of injury 

5 compensation or tort claims liability as 

6 provided in chapter 81 of title 5, United 

7 States Code, and chapter 171 of title 28, 

8 United States Code.’’; 

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

10 precedes paragraph (2) and inserting the following: 

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

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

13 shall appoint a Scientific Advisory Subcommittee of not 

14 less than 5 nor more than 15 qualified scientists with bal15 anced representation from the public and private sectors, 

16 including nongovernmental conservation organizations.’’; 

17 and 

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

19 Advisory Subcommittee’’ and inserting ‘‘General Ad20 visory Committee’’. 

21 SEC. 206. RULEMAKING. 

22 Section 6 (16 U.S.C. 955) is amended to read as fol23 lows: 


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1 ‘‘SEC. 6. RULEMAKING. 

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

3 with the Secretary of State and, with respect to enforce4 ment measures, the Secretary of the Department in which 

5 the Coast Guard is operating, may promulgate such regu6 lations as may be necessary to carry out the United States 

7 international obligations under the Convention and this 

8 Act, including recommendations and decisions adopted by 

9 the Commission. In cases where the Secretary has discre10 tion in the implementation of one or more measures adopt11 ed by the Commission that would govern fisheries under 

12 the authority of a Regional Fishery Management Council, 

13 the Secretary may, to the extent practicable within the im14 plementation schedule of the Convention and any rec15 ommendations and decisions adopted by the Commission, 

16 promulgate such regulations as may be necessary to carry 

17 out the United States international obligations under the 

18 Convention and this Act, in accordance with the proce19 dures established by the Magnuson-Stevens Fishery Con20 servation and Management Act (16 U.S.C. 1801 et seq.). 

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

22 regulations as may be necessary to carry out the United 

23 States international obligations under the Convention and 

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

25 the jurisdiction of the United States, including United 


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1 States flag vessels wherever they may be operating, on 

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

3 SEC. 207. PROHIBITED ACTS. 

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

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

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

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

8 ‘‘(i) ADDITIONAL PROHIBITIONS AND ENFORCE9 MENT.—For prohibitions relating to this Act and enforce10 ment of this Act, see section 606 of the High Seas 

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

12 1826g).’’. 

13 SEC. 208. ENFORCEMENT. 

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

15 follows: 

16 ‘‘SEC. 10. ENFORCEMENT. 

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

18 High Seas Driftnet Fishing Moratorium Protection Act 

19 (16 U.S.C. 1826g).’’. 

20 SEC. 209. REDUCTION OF BYCATCH. 

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

22 ‘‘vessel’’ and inserting ‘‘vessels’’. 


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1 SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

2 ACT OF 1984. 

3 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

5 TITLE III—AGREEMENT ON 

6 PORT STATE MEASURES TO 

7 PREVENT, DETER AND ELIMI8 NATE ILLEGAL, UNREPORTED 

9 AND UNREGULATED FISHING 

10 SEC. 301. SHORT TITLE. 

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

12 Agreement Act of 2015’’. 

13 SEC. 302. PURPOSE. 

14 The purpose of this title is to implement the Agree15 ment on Port State Measures to Prevent, Deter and 

16 Eliminate Illegal, Unreported and Unregulated Fishing. 

17 SEC. 303. DEFINITIONS. 

18 As used in this title: 

19 (1) The term ‘‘Agreement’’ means the Agree20 ment on Port State Measures to Prevent, Deter and 

21 Eliminate Illegal, Unreported and Unregulated Fish22 ing, done at the Food and Agriculture Organization 

23 of the United Nations, in Rome, Italy, November 22, 

24 2009, and signed by the United States November 

25 22, 2009. 


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1 (2) The term ‘‘IUU fishing’’ means any activity 

2 set out in paragraph 3 of the 2001 FAO Inter3 national Plan of Action to Prevent, Deter and Elimi4 nate Illegal, Unreported and Unregulated Fishing. 

5 (3) The term ‘‘listed IUU vessel’’ means a ves6 sel that is included in a list of vessels having en7 gaged in IUU fishing or fishing-related activities in 

8 support of IUU fishing that has been adopted by a 

9 regional fisheries management organization of which 

10 the United States is a member, or a list adopted by 

11 a regional fisheries management organization of 

12 which the United States is not a member if the Sec13 retary determines the criteria used by that organiza14 tion to create the IUU list is comparable to United 

15 States criteria for identifying IUU vessels and activi16 ties. 

17 (4) The term ‘‘Magnuson-Stevens Act’’ means 

18 the Magnuson-Stevens Fishery Conservation and 

19 Management Act (16 U.S.C. 1801 et seq.). 

20 (5) The term ‘‘person’’ has the same meaning 

21 as that term has in section 3 of the Magnuson-Ste22 vens Act (16 U.S.C. 1802). 

23 (6) The terms ‘‘RFMO’’ and ‘‘regional fisheries 

24 management organization’’ mean a regional fisheries 

25 management organization (as that term is defined 


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1 by the United Nation’s Food and Agriculture Orga2 nization Agreement on Port State Measures to Pre3 vent, Deter and Eliminate Illegal, Unreported and 

4 Unregulated Fishing) of which the United States is 

5 a member. 

6 (7) The term ‘‘Secretary’’ means the Secretary 

7 of Commerce or his or her designee. 

8 (8) The term ‘‘vessel’’ means any vessel, ship of 

9 another type, or boat used for, equipped to be used 

10 for, or intended to be used for, fishing or fishing-re11 lated activities, including container vessels that are 

12 carrying fish that have not been previously landed. 

13 (9) The term ‘‘fish’’ means finfish, mollusks, 

14 crustaceans, and all other forms of marine animal 

15 and plant life other than marine mammals and 

16 birds. 

17 (10) The term ‘‘fishing’’— 

18 (A) except as provided in subparagraph 

19 (B), means— 

20 (i) the catching, taking, or harvesting 

21 of fish; 

22 (ii) the attempted catching, taking, or 

23 harvesting of fish; 


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1 (iii) any other activity which can rea2 sonably be expected to result in the catch3 ing, taking, or harvesting of fish; or 

4 (iv) any operations at sea in support 

5 of, or in preparation for, any activity de6 scribed in clauses (i) through (iii); and 

7 (B) does not include any scientific research 

8 activity that is conducted by a scientific re9 search vessel. 

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

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

12 promulgate such regulations, in accordance with section 

13 553 of title 5, United States Code, and consistent with 

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

15 out the purposes of this title to the extent that such regu16 lations are not already promulgated. 

17 (b) PORTS OF ENTRY.—The Secretary, in consulta18 tion with the Secretary of Homeland Security and, when 

19 the Coast Guard is not operating in the Department of 

20 Homeland Security, the Secretary of the department in 

21 which the Coast Guard is operating, may designate and 

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

23 port may be designated under this section that has not 

24 also been designated as a port of entry for customs report25 ing purposes pursuant to section 1433 of title 19, United 


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

2 international fisheries agreement. 

3 (c) NOTIFICATION.—The Secretary shall provide no4 tification of the denial of port entry or the use of port 

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

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

7 of enforcement action pursuant to section 306 with respect 

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

9 foreign vessel conducted pursuant to this title to the flag 

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

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

12 nations, RFMOs, the Food and Agriculture Organization 

13 of the United Nations, and other relevant international or14 ganizations. 

15 (d) CONFIRMATION THAT FISH WERE TAKEN IN AC16 CORDANCE WITH CONSERVATION AND MANAGEMENT

17 MEASURES.—The Secretary may request confirmation 

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

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

20 of the United States were taken in accordance with appli21 cable RFMO conservation and management measures. 

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

23 (a) SUBMISSION OF INFORMATION REQUIRED

24 UNDER AGREEMENT.—All foreign vessels seeking entry to 

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


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1 submit to the Secretary of the department in which the 

2 Coast Guard is operating information as required under 

3 the Agreement in advance of its arrival in port. 

4 (b) DECISION TO AUTHORIZE OR DENY PORT

5 ENTRY.—The Secretary shall decide, based on the infor6 mation submitted under subsection (a), whether to author7 ize or deny port entry and shall communicate this decision 

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

9 may deny entry to— 

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

11 (2) any foreign vessel the Secretary has reason12 able grounds to believe has engaged in IUU fishing 

13 or fishing-related activities in support of such fishing 

14 or has violated the Act. 

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

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

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

18 for landing, transshipment, packaging and processing of 

19 fish, refueling, resupplying, maintenance and drydocking, 

20 if— 

21 (1) the vessel entered without authorization 

22 under subsection (b); 

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

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

25 provide confirmation requested by the Secretary that 


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1 the fish on board were taken in accordance with ap2 plicable RFMO conservation and management meas3 ures; or 

4 (4) the Secretary has reasonable grounds to be5 lieve— 

6 (A) the vessel lacks valid authorizations to 

7 engage in fishing or fishing-related activities as 

8 required by its flag nation or the relevant coast9 al nation; 

10 (B) the fish on board were taken in viola11 tion of foreign law or in contravention of any 

12 RFMO conservation and management measure; 

13 or 

14 (C) the vessel has engaged in IUU fishing 

15 or fishing-related activities in support of such 

16 fishing, including in support of a listed IUU 

17 vessel, unless it can establish that— 

18 (i) it was acting in a manner con19 sistent with applicable RFMO conservation 

20 and management measures; or 

21 (ii) in the case of the provision of per22 sonnel, fuel, gear, and other supplies at 

23 sea, the vessel provisioned was not, at the 

24 time of provisioning, a listed IUU vessel. 


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

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

3 of port services— 

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

5 of the crew or safety of the vessel; 

6 (2) to allow, where appropriate, for the scrap7 ping of the vessel; or 

8 (3) pursuant to an inspection or other enforce9 ment action. 

10 SEC. 306. INSPECTIONS. 

11 The Secretary, and the Secretary of the department 

12 in which the Coast Guard is operating, shall conduct for13 eign vessel inspections in ports subject to the jurisdiction 

14 of the United States as necessary to achieve the purposes 

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

16 the Secretary has reasonable grounds to believe that a for17 eign vessel has engaged in IUU fishing or fishing-related 

18 activities in support of such fishing, the Secretary may 

19 take enforcement action under this title or other applicable 

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

21 accordance with section 305. 

22 SEC. 307. PROHIBITED ACTS. 

23 It is unlawful for any person subject to the jurisdic24 tion of the United States— 


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

2 regulations issued under this title; 

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

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

5 the person’s control in connection with the enforce6 ment of this title or the regulations issued under 

7 this title; 

8 (3) to submit false information pursuant to any 

9 requirement under this title or the regulations issued 

10 under this title; or 

11 (4) to commit any offense enumerated in para12 graph (4), (5), (7), or (9) of section 707(a) of the 

13 Western and Central Pacific Fisheries Convention 

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

15 SEC. 308. ENFORCEMENT. 

16 (a) EXISTING AUTHORITIES AND RESPONSIBIL17 ITIES.— 

18 (1) AUTHORITIES AND RESPONSIBILITIES.— 

19 The authorities and responsibilities under sub20 sections (a), (b), and (c) of section 311 and sub21 section (f) of section 308 of the Magnuson-Stevens 

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

23 (3), and (7) of section 310(b) of the Antarctic Ma24 rine Living Resources Convention Act of 1984 (16 


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1 U.S.C. 2439(b)) shall apply with respect to enforce2 ment of this title. 

3 (2) INCLUDED VESSELS.—For purposes of en4 forcing this title, any reference in such paragraphs 

5 and subsections to a ‘‘vessel’’ or ‘‘fishing vessel’’ in6 cludes all vessels as defined in section 303(8) of this 

7 title. 

8 (3) APPLICATION OF OTHER PROVISIONS.— 

9 Such paragraphs and subsections apply to violations 

10 of this title and any regulations promulgated under 

11 this title. 

12 (b) CIVIL ENFORCEMENT.— 

13 (1) CIVIL ADMINISTRATIVE PENALTIES.— 

14 (A) IN GENERAL.—Any person who is 

15 found by the Secretary (after notice and oppor16 tunity for a hearing in accordance with section 

17 554 of title 5, United States Code) to have 

18 committed an act prohibited under section 307 

19 shall be liable to the United States for a civil 

20 penalty. The amount of the civil penalty shall 

21 be consistent with the amount under section 

22 308(a) of the Magnuson-Stevens Act (16 U.S.C. 

23 1858(a)). 

24 (B) COMPROMISE OR OTHER ACTION BY

25 SECRETARY.—The Secretary shall have the 


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

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

3 with respect to a violation of this Act. 

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

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

6 consistent with section 308(d) of the Magnuson-Ste7 vens Act (16 U.S.C. 1858(d)). 

8 (3) ACTION UPON FAILURE TO PAY ASSESS9 MENT.—If any person fails to pay an assessment of 

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

11 final and unappealable order, or after the appro12 priate court has entered final judgment in favor of 

13 the Secretary, the Secretary shall refer the matter to 

14 the Attorney General, who shall recover the amount 

15 assessed in any appropriate district court of the 

16 United States. In such action, the validity and ap17 propriateness of the final order imposing the civil 

18 penalty shall not be subject to review. 

19 (c) FORFEITURE.— 

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

21 its fishing gear, furniture, appurtenances, stores, 

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

23 value thereof) imported or possessed in connection 

24 with or as result of the commission of any act pro25 hibited by section 307 of this title shall be subject 


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1 to forfeiture under section 310 of the Magnuson-Ste2 vens Act (16 U.S.C. 1860). 

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

4 provisions of law relating to seizure, summary judg5 ment, and judicial forfeiture and condemnation for 

6 violation of the customs laws, the disposition of the 

7 property forfeited or condemned or the proceeds 

8 from the sale thereof, the remission or mitigation of 

9 such forfeitures, and the compromise of claims shall 

10 apply to seizures and forfeitures incurred, or alleged 

11 to have been incurred, under the provisions of this 

12 title, insofar as applicable and not inconsistent with 

13 the provisions hereof. For seizures and forfeitures of 

14 property under this section by the Secretary, such 

15 duties as are imposed upon the customs officer or 

16 any other person with respect to the seizure and for17 feiture of property under the customs law may be 

18 performed by such officers as are designated by the 

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

20 other agency that has authority to manage and dis21 pose of seized property. 

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

23 section there is a rebuttable presumption that all 

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

25 that is used or seized in connection with a violation 


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1 of this title (including any regulation promulgated 

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

3 a result of IUU fishing or fishing-related activities 

4 in support of IUU fishing. 

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

6 than a foreign government agency, or entity wholly owned 

7 by a foreign government) who knowingly commits an act 

8 prohibited by section 307 of this title shall be subject to 

9 subsections (b) and (c) of section 309 of the Magnuson10 Stevens Act (16 U.S.C. 1859). 

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

12 COSTS.—Any person assessed a civil penalty for, or con13 victed of, any violation of this title (including any regula14 tion promulgated under this title) and any claimant in a 

15 forfeiture action brought for such a violation, shall be lia16 ble for the reasonable costs incurred by the Secretary in 

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

18 connection with the violation. 

19 SEC. 309. INTERNATIONAL COOPERATION AND ASSIST20 ANCE. 

21 (a) ASSISTANCE TO DEVELOPING NATIONS AND

22 INTERNATIONAL ORGANIZATIONS.—Consistent with exist23 ing authority and the availability of funds, the Secretary 

24 shall provide appropriate assistance to developing nations 

25 and international organizations of which such nations are 


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1 members to assist those nations in meeting their obliga2 tions under the Agreement. 

3 (b) PERSONNEL, SERVICES, EQUIPMENT, AND FA4 CILITIES.—In carrying out subsection (a), the Secretary 

5 may, by agreement, on a reimbursable or nonreimbursable 

6 basis, utilize the personnel, services, equipment, and facili7 ties of any Federal, State, local, or foreign government 

8 or any entity of any such government. 

9 SEC. 310. RELATIONSHIP TO OTHER LAWS. 

10 (a) IN GENERAL.—Nothing in this title shall be con11 strued to displace any requirements imposed by the cus12 toms laws of the United States or any other laws or regu13 lations enforced or administered by the Secretary of 

14 Homeland Security. Where more stringent requirements 

15 regarding port entry or access to port services exist under 

16 other Federal law, those more stringent requirements shall 

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

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

19 force majeure or distress. 

20 (b) UNITED STATES OBLIGATIONS UNDER INTER21 NATIONAL LAW.—This title shall be interpreted and ap22 plied in accordance with United States obligations under 

23 international law. 

Æ 


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