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. 
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Sec. 306. Inspections. 

Sec. 307. Prohibited acts. 

Sec. 308. Enforcement. 

Sec. 309. International cooperation and assistance. 

Sec. 310. Relationship to other laws. 

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.— 
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‘‘(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 MagnusonStevens 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 
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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.—’’. 
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(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 
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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— 
H. R. 774—7 

(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 VESSELS.—’’; 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 IDENTIFICA- TION.—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 
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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. 
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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’’; 
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(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: 
H. R. 774—11 

‘‘(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’’. 
H. R. 774—12 

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 InterAmerican Tropical Tuna Commission provided for by the 

Convention. 

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

‘‘(A) the Convention for the Establishment of an InterAmerican 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 
H. R. 774—13 

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 InterAmerican 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 
H. R. 774—14 

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 
H. R. 774—15 

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: 
H. R. 774—16 

‘‘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). 
H. R. 774—17 

(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 
H. R. 774—18 

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 fishingrelated 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); 
H. R. 774—19 

(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 fishingrelated 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 
H. R. 774—20 

(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 
H. R. 774—21 

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. 
H. R. 774—22 

(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.