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[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 774 Engrossed in House (EH)]

114th CONGRESS
  1st Session
                                H. R. 774

_______________________________________________________________________

                                 AN ACT

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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Illegal, Unreported, and Unregulated 
Fishing Enforcement Act of 2015''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
        TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium 
                            Protection Act.
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement 
                            Act.
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992.
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985.
Sec. 105. Amendments to the Western and Central Pacific Fisheries 
                            Convention Implementation Act.
Sec. 106. Amendments to the Antarctic Marine Living Resources 
                            Convention Act.
Sec. 107. Amendments to the Atlantic Tunas Convention Act.
Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965.
Sec. 109. Amendments to the Dolphin Protection Consumer Information 
                            Act.
Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982.
Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act 
                            of 1995.
Sec. 112. Amendment to the Magnuson-Stevens Fishery Conservation and 
                            Management Act.
           TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION

Sec. 201. Short title.
Sec. 202. Amendment of the Tuna Conventions Act of 1950.
Sec. 203. Definitions.
Sec. 204. Commissioners; number, appointment, and qualifications.
Sec. 205. General Advisory Committee and Scientific Advisory 
                            Subcommittee.
Sec. 206. Rulemaking.
Sec. 207. Prohibited acts.
Sec. 208. Enforcement.
Sec. 209. Reduction of bycatch.
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984.
   TITLE III--AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER AND 
         ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING

Sec. 301. Short title.
Sec. 302. Purpose.
Sec. 303. Definitions.
Sec. 304. Duties and authorities of the Secretary.
Sec. 305. Authorization or denial of port entry.
Sec. 306. Inspections.
Sec. 307. Prohibited acts.
Sec. 308. Enforcement.
Sec. 309. International cooperation and assistance.
Sec. 310. Relationship to other laws.

        TITLE I--STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS

SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORATORIUM 
              PROTECTION ACT.

    (a) Administration and Enforcement.--
            (1) In general.--Section 606 of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826g) is amended 
        by inserting before the first sentence the following:
    ``(a) In General.--The Secretary and the Secretary of the 
department in which the Coast Guard is operating shall enforce this 
Act, and the Acts to which this section applies, in accordance with 
this section. Each such Secretary may, by agreement, on a reimbursable 
basis or otherwise, utilize the personnel services, equipment 
(including aircraft and vessels), and facilities of any other Federal 
agency, and of any State agency, in the performance of such duties.
    ``(b) Acts to Which Section Applies.--This section applies to--
            ``(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
        et seq.);
            ``(2) the Dolphin Protection Consumer Information Act (16 
        U.S.C. 1385);
            ``(3) the Tuna Conventions Act of 1950 (16 U.S.C. 951 et 
        seq.);
            ``(4) the North Pacific Anadromous Stocks Act of 1992 (16 
        U.S.C. 5001 et seq.);
            ``(5) the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
        971 et seq.);
            ``(6) the Northwest Atlantic Fisheries Convention Act of 
        1995 (16 U.S.C. 5601 et seq.);
            ``(7) the Western and Central Pacific Fisheries Convention 
        Implementation Act (16 U.S.C. 6901 et seq.); and
            ``(8) the Antigua Convention Implementing Act of 2015.
    ``(c) Administration and Enforcement.--
            ``(1) In general.--The Secretary shall prevent any person 
        from violating this Act, or any Act to which this section 
        applies, in the same manner, by the same means, and with the 
        same jurisdiction, powers, and duties as though sections 308 
        through 311 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1858 through 1861) were incorporated 
        into and made a part of and applicable to this Act and each 
        such Act.
            ``(2) International cooperation.--The Secretary may, 
        subject to appropriations and in the course of carrying out the 
        Secretary's responsibilities under the Acts to which this 
        section applies, engage in international cooperation to help 
        other nations combat illegal, unreported, and unregulated 
        fishing and achieve sustainable fisheries.
    ``(d) Special Rules.--
            ``(1) Additional enforcement authority.--In addition to the 
        powers of officers authorized pursuant to subsection (c), any 
        officer who is authorized by the Secretary, or the head of any 
        Federal or State agency that has entered into an agreement with 
        the Secretary under subsection (a), may enforce the provisions 
        of any Act to which this section applies, with the same 
        jurisdiction, powers, and duties as though section 311 of the 
        Magnuson-Stevens Fishery Conservation and Management Act (16 
        U.S.C. 1861) were incorporated into and made a part of each 
        such Act.
            ``(2) Disclosure of enforcement information.--
                    ``(A) In general.--The Secretary, subject to the 
                data confidentiality provisions in section 402 of the 
                Magnuson-Stevens Fishery Conservation and Management 
                Act (16 U.S.C. 1881a), may disclose, as necessary and 
                appropriate, information, including information 
                collected under joint authority of the Magnuson-Stevens 
                Fishery Conservation and Management Act (16 U.S.C. 1801 
                et seq.) and the Atlantic Tunas Convention Act of 1975 
                (16 U.S.C. 71 et seq.) or the Western and Central 
                Pacific Fisheries Convention Implementation Act (16 
                U.S.C. 6901 et seq.) or other statutes implementing 
                international fishery agreements, to any other Federal 
                or State government agency, the Food and Agriculture 
                Organization of the United Nations, the secretariat or 
                equivalent of an international fishery management 
                organization or arrangement made pursuant to an 
                international fishery agreement, or a foreign 
                government, if--
                            ``(i) such government, organization, or 
                        arrangement has policies and procedures to 
                        protect such information from unintended or 
                        unauthorized disclosure; and
                            ``(ii) such disclosure is necessary--
                                    ``(I) to ensure compliance with any 
                                law or regulation enforced or 
                                administered by the Secretary;
                                    ``(II) to administer or enforce any 
                                international fishery agreement to 
                                which the United States is a party;
                                    ``(III) to administer or enforce a 
                                binding conservation measure adopted by 
                                any international organization or 
                                arrangement to which the United States 
                                is a party;
                                    ``(IV) to assist in any 
                                investigative, judicial, or 
                                administrative enforcement proceeding 
                                in the United States; or
                                    ``(V) to assist in any law 
                                enforcement action undertaken by a law 
                                enforcement agency of a foreign 
                                government, or in relation to a legal 
                                proceeding undertaken by a foreign 
                                government to the extent the 
                                enforcement action is consistent with 
                                rules and regulations of a regional 
                                fisheries management organization (as 
                                that term is defined by the United 
                                Nation's Food and Agriculture 
                                Organization Agreement on Port State 
                                Measures to Prevent, Deter and 
                                Eliminate Illegal, Unreported and 
                                Unregulated Fishing) of which the 
                                United States is a member, or the 
                                Secretary has determined that the 
                                enforcement action is consistent with 
                                the requirements under Federal law for 
                                enforcement actions with respect to 
                                illegal, unreported, and unregulated 
                                fishing.
                    ``(B) Data confidentiality provisions not 
                applicable.--The data confidentiality provisions of 
                section 402 of the Magnuson-Stevens Fishery 
                Conservation and Management Act (16 U.S.C. 1881a) shall 
                not apply with respect to this Act with respect to--
                            ``(i) any obligation of the United States 
                        to share information under a regional fisheries 
                        management organization (as that term is 
                        defined by the United Nation's Food and 
                        Agriculture Organization Agreement on Port 
                        State Measures to Prevent, Deter and Eliminate 
                        Illegal, Unreported and Unregulated Fishing) of 
                        which the United States is a member; or
                            ``(ii) any information collected by the 
                        Secretary regarding foreign vessels.
    ``(e) Prohibited Acts.--It is unlawful for any person--
            ``(1) to violate any provision of this Act or any 
        regulation or permit issued pursuant to this Act;
            ``(2) to refuse to permit any officer authorized to enforce 
        the provisions of this Act to board, search, or inspect a 
        vessel, subject to such person's control for the purposes of 
        conducting any search, investigation, or inspection in 
        connection with the enforcement of this Act, any regulation 
        promulgated under this Act, or any Act to which this section 
        applies;
            ``(3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigation, or inspection 
        described in paragraph (2);
            ``(4) to resist a lawful arrest for any act prohibited by 
        this section or any Act to which this section applies;
            ``(5) to interfere with, delay, or prevent, by any means, 
        the apprehension, arrest, or detection of another person, 
        knowing that such person has committed any act prohibited by 
        this section or any Act to which this section applies; or
            ``(6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with--
                    ``(A) any observer on a vessel under this Act or 
                any Act to which this section applies; or
                    ``(B) any data collector employed by the National 
                Marine Fisheries Service or under contract to any 
                person to carry out responsibilities under this Act or 
                any Act to which this section applies.
    ``(f) Civil Penalty.--Any person who commits any act that is 
unlawful under subsection (e) shall be liable to the United States for 
a civil penalty, and may be subject to a permit sanction, under section 
308 of the Magnuson-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858).
    ``(g) Criminal Penalty.--Any person who commits an act that is 
unlawful under subsection (e)(2), (e)(3), (e)(4), (e)(5), or (e)(6) is 
deemed to be guilty of an offense punishable under section 309(b) of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1859(b)).
    ``(h) Utilization of Federal Agency Assets.--''.
            (2) Conforming amendment.--Section 308(a) of the Antarctic 
        Marine Living Resources Convention Act of 1984 (16 U.S.C. 
        2437(a)) is amended to read as follows:
    ``(a) In General.--Any person who commits an act that is unlawful 
under section 306 shall be liable to the United States for a civil 
penalty, and may be subject to a permit sanction, under section 308 of 
the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 
1858).''.
    (b) Actions To Improve the Effectiveness of International Fishery 
Management Organizations.--Section 608 of such Act (16 U.S.C. 1826i) is 
amended by--
            (1) inserting before the first sentence the following: 
        ``(a) In General.--'';
            (2) in subsection (a) (as designated by paragraph (1) of 
        this subsection) in the first sentence, inserting ``, or 
        arrangements made pursuant to an international fishery 
        agreement,'' after ``organizations''; and
            (3) adding at the end the following new subsections:
    ``(b) Disclosure of Information.--
            ``(1) In general.--The Secretary, subject to the data 
        confidentiality provisions in section 402 of the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 
        1881a) except as provided in paragraph (2), may disclose, as 
        necessary and appropriate, information, including information 
        collected under joint authority of the Magnuson-Stevens Fishery 
        Conservation and Management Act (16 U.S.C. 1801 et seq.) and 
        the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 71 et 
        seq.), the Western and Central Pacific Fisheries Convention 
        Implementation Act (16 U.S.C. 6901 et seq.), any other statute 
        implementing an international fishery agreement, to any other 
        Federal or State government agency, the Food and Agriculture 
        Organization of the United Nations, or the secretariat or 
        equivalent of an international fishery management organization 
        or arrangement made pursuant to an international fishery 
        agreement, if such government, organization, or arrangement, 
        respectively, has policies and procedures to protect such 
        information from unintended or unauthorized disclosure.
            ``(2) Exceptions.--The data confidentiality provisions in 
        section 402 of the Magnuson-Stevens Fishery Conservation and 
        Management Act (16 U.S.C. 1881a) shall not apply with respect 
        to this Act--
                    ``(A) for obligations of the United States to share 
                information under a regional fisheries management 
                organization (as that term is defined by the United 
                Nation's Food and Agriculture Organization Agreement on 
                Port State Measures to Prevent, Deter and Eliminate 
                Illegal, Unreported and Unregulated Fishing) of which 
                the United States is a member; or
                    ``(B) to any information collected by the Secretary 
                regarding foreign vessels.
    ``(c) IUU Vessel Lists.--The Secretary may--
            ``(1) develop, maintain, and make public a list of vessels 
        and vessel owners engaged in illegal, unreported, or 
        unregulated fishing or fishing-related activities in support of 
        illegal, unreported, or unregulated fishing, including vessels 
        or vessel owners identified by an international fishery 
        management organization or arrangement made pursuant to an 
        international fishery agreement, that--
                    ``(A) the United States is party to; or
                    ``(B) the United States is not party to, but whose 
                procedures and criteria in developing and maintaining a 
                list of such vessels and vessel owners are 
                substantially similar to such procedures and criteria 
                adopted pursuant to an international fishery agreement 
                to which the United States is a party; and
            ``(2) take appropriate action against listed vessels and 
        vessel owners, including action against fish, fish parts, or 
        fish products from such vessels, in accordance with applicable 
        United States law and consistent with applicable international 
        law, including principles, rights, and obligations established 
        in applicable international fishery management agreements and 
        trade agreements.
    ``(d) Regulations.--The Secretary may promulgate regulations to 
implement this section.''.
    (c) Notification Regarding Identification of Nations.--Section 
609(b) of such Act (166 U.S.C. 1826j(b)) is amended to read as follows:
    ``(b) Notification.--The Secretary shall notify the President and 
that nation of such an identification.''.
    (d) Nations Identified Under Section 610.--Section 610(b)(1) of 
such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows:
            ``(1) notify, as soon as possible, the President and 
        nations that have been identified under subsection (a), and 
        also notify other nations whose vessels engage in fishing 
        activities or practices described in subsection (a), about the 
        provisions of this section and this Act;''.
    (e) Effect of Certification Under Section 609.--Section 
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended by 
striking ``that has not been certified by the Secretary under this 
subsection, or''.
    (f) Effect of Certification Under Section 610.--Section 610(c)(5) 
of such Act (16 U.S.C. 1826k(c)(5)) is amended by striking ``that has 
not been certified by the Secretary under this subsection, or''.
    (g) Identification of Nations.--
            (1) Scope of identification for actions of fishing 
        vessels.--Section 609(a) of such Act (16 U.S.C. 1826j(a)) is 
        amended--
                    (A) in the matter preceding paragraph (1)--
                            (i) by inserting ``, based on a cumulative 
                        compilation and analysis of data collected and 
                        provided by international fishery management 
                        organizations and other nations and 
                        organizations,'' after ``shall''; and
                            (ii) by striking ``2 years'' and inserting 
                        ``3 years'';
                    (B) in paragraph (1), by inserting ``that 
                undermines the effectiveness of measures required by an 
                international fishery management organization, taking 
                into account whether'' after ``(1)''; and
                    (C) in paragraph (1), by striking ``vessels of''.
            (2) Additional grounds for identification.--Section 609(a) 
        of such Act (16 U.S.C. 1826j(a)) is further amended--
                    (A) by redesignating paragraphs (1) and (2) in 
                order as subparagraphs (A) and (B) (and by moving the 
                margins of such subparagraphs 2 ems to the right);
                    (B) by inserting before the first sentence the 
                following:
            ``(1) Identification for actions of fishing 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 
        identification.--Section 610(a)(1) of such Act (16 U.S.C. 
        1826k(a)(1)) is amended by striking ``calendar year'' and 
        inserting ``3 years''.
    (h) Authorization of Appropriations.--There is authorized to be 
appropriated to the Secretary of Commerce $450,000 for each of fiscal 
years 2016 through 2020 to implement the amendments made by subsections 
(b) and (g).
    (i) Technical Corrections.--
            (1) Section 607(2) of such Act (16 U.S.C. 1826h(2)) is 
        amended by striking ``whose vessels'' and inserting ``that''.
            (2) Section 609(d)(1) of such Act (16 U.S.C. 1826j(d)(1)) 
        is amended by striking ``of its fishing vessels''.
            (3) Section 609(d)(1)(A) of such Act (16 U.S.C. 
        1826j(d)(1)(A)) is amended by striking ``of its fishing 
        vessels''.
            (4) Section 609(d)(2) of such Act (16 U.S.C. 1826j(d)(2)) 
        is amended--
                    (A) by striking ``for certification'' and inserting 
                ``to authorize'';
                    (B) by inserting ``the importation'' after ``or 
                other basis'';
                    (C) by striking ``harvesting''; and
                    (D) by striking ``not certified under paragraph 
                (1)'' and inserting ``issued a negative certification 
                under paragraph (1)''.
            (5) Section 610 of such Act (16 U.S.C. 1826k) is amended as 
        follows:
                    (A) In subsection (a)(1), by striking 
                ``practices;'' and inserting ``practices--''.
                    (B) In subsection (c)(4), by striking all preceding 
                subparagraph (B) and inserting the following:
            ``(4) Alternative procedure.--The Secretary may establish a 
        procedure to authorize, on a shipment-by-shipment, shipper-by-
        shipper, or other basis the importation of fish or fish 
        products from a vessel of a nation issued a negative 
        certification under paragraph (1) if the Secretary determines 
        that such imports were harvested by practices that do not 
        result in bycatch of a protected marine species, or were 
        harvested by practices that--
                    ``(A) are comparable to those of the United States, 
                taking into account different conditions; and''.

SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES ENFORCEMENT 
              ACT.

    (a) Negative Certification Effects.--Section 101 of the High Seas 
Driftnet Fisheries Enforcement Act (16 U.S.C. 1826a) is amended--
            (1) in subsection (a)(2), by striking ``recognized 
        principles of'' after ``in accordance with'';
            (2) in subsection (a)(2)(A), by inserting ``or, as 
        appropriate, for fishing vessels of a nation that receives a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826)'' after ``(1)'';
            (3) in subsection (a)(2)(B), by inserting before the period 
        the following: ``, except for the purposes of inspecting such 
        vessel, conducting an investigation, or taking other 
        appropriate enforcement action'';
            (4) in subsection (b)(1)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet 
        fishing'';
            (5) in subsection (b)(1)(B) and subsection (b)(2), by 
        striking ``or illegal, unreported, or unregulated fishing'' 
        after ``driftnet fishing'' each place it appears;
            (6) in subsection (b)(3)(A)(i), by inserting ``or a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826j(d), 1826k(c))'' after ``(1)(A)'';
            (7) in subsection (b)(4)(A), by inserting ``or issues a 
        negative certification under section 609(d) or section 610(c) 
        of the High Seas Driftnet Fishing Moratorium Protection Act (16 
        U.S.C. 1826j(d), 1826k(c))'' after ``paragraph (1)'';
            (8) in subsection (b)(4)(A)(i), by striking ``or illegal, 
        unreported, or unregulated fishing'' after ``driftnet 
        fishing''; and
            (9) in subsection (b)(4)(A)(i), by inserting ``, or to 
        address the offending activities for which a nation received a 
        negative certification under section 609(d) or 610(c) of the 
        High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
        1826j(d), 1826k(c))'' after ``beyond the exclusive economic 
        zone of any nation''.
    (b) Duration of Negative Certification Effects.--Section 102 of 
such Act (16 U.S.C. 1826b) is amended by--
            (1) striking ``or illegal, unreported, or unregulated 
        fishing''; and
            (2) inserting ``or effectively addressed the offending 
        activities for which the nation received a negative 
        certification under 609(d) or 610(c) of the High Seas Driftnet 
        Fishing Moratorium Protection Act (16 U.S.C. 1826j(d), 
        1826k(c))'' before the period at the end.

SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS ACT OF 1992.

    (a) Unlawful Activities.--Section 810 of the North Pacific 
Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended--
            (1) in paragraph (5), by inserting ``, investigation,'' 
        after ``search''; and
            (2) in paragraph (6), by inserting ``, investigation,'' 
        after ``search''.
    (b) Additional Prohibitions and Enforcement.--Section 811 of the 
Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) is 
amended to read as follows:

``SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT.

    ``For additional prohibitions relating to this Act and enforcement 
of this Act, see section 606 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826g).''.

SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 1985.

    Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3637) 
is amended--
            (1) in subsection (a)(2)--
                    (A) by inserting ``, investigation,'' after 
                ``search''; and
                    (B) by striking ``this title;'' and inserting 
                ``this Act;'';
            (2) in subsection (a)(3)--
                    (A) by inserting ``, investigation,'' after 
                ``search''; and
                    (B) by striking ``subparagraph (2);'' and inserting 
                ``paragraph (2);'';
            (3) in subsection (a)(5), by striking ``this title; or'' 
        and inserting ``this Act;''; and
            (4) by striking subsections (b) through (f) and inserting 
        the following:
    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC FISHERIES 
              CONVENTION IMPLEMENTATION ACT.

    The Western and Central Pacific Fisheries Convention Implementation 
Act (title V of Public Law 109-479) is amended--
            (1) by amending section 506(c) (16 U.S.C. 6905(c)) to read 
        as follows:
    ``(c) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''; and
            (2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
        ``suspension, on'' and inserting ``suspension, of''.

SEC. 106. AMENDMENTS TO THE ANTARCTIC MARINE LIVING RESOURCES 
              CONVENTION ACT.

    The Antarctic Marine Living Resources Convention Act of 1984 is 
amended--
            (1) in section 306 (16 U.S.C. 2435)--
                    (A) in paragraph (3), by striking ``which he knows, 
                or reasonably should have known, was'';
                    (B) in paragraph (4), by inserting ``, 
                investigation,'' after ``search''; and
                    (C) in paragraph (5), by inserting ``, 
                investigation,'' after ``search''; and
            (2) in section 307 (16 U.S.C. 2436)--
                    (A) by inserting ``(a) In General.--'' before the 
                first sentence; and
                    (B) by adding at the end the following:
    ``(b) Regulations To Implement Conservation Measures.--
            ``(1) In general.--Notwithstanding subsections (b), (c), 
        and (d) of section 553 of title 5, United States Code, the 
        Secretary of Commerce may publish in the Federal Register a 
        final regulation to implement any conservation measure for 
        which the Secretary of State notifies the Commission under 
        section 305(a)(1)--
                    ``(A) that has been in effect for 12 months or 
                less;
                    ``(B) that is adopted by the Commission; and
                    ``(C) with respect to which the Secretary of State, 
                does not notify Commission in accordance with section 
                305(a)(1) within the time period allotted for 
                objections under Article IX of the Convention.
            ``(2) Entering into force.--Upon publication of such 
        regulation in the Federal Register, such conservation measure 
        shall enter into force with respect to the United States.''.

SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION ACT.

    The Atlantic Tunas Convention Act of 1975 is amended--
            (1) in section 6(c)(2) (16 U.S.C. 971d(c)(2)(2))--
                    (A) by striking ``(A)'' and inserting ``(i)'';
                    (B) by striking ``(B)'' and inserting ``(ii)'';
                    (C) by inserting ``(A)'' after ``(2)''; and
                    (D) by adding at the end the following:
    ``(B) Notwithstanding the requirements of subparagraph (A) and 
subsections (b) and (c) of section 553 of title 5, United States Code, 
the Secretary may issue final regulations to implement Commission 
recommendations referred to in paragraph (1) concerning trade 
restrictive measures against nations or fishing entities.'';
            (2) in section 7 (16 U.S.C. 971e) by striking subsections 
        (e) and (f) and redesignating subsection (g) as subsection (e);
            (3) in section 8 (16 U.S.C. 971f)--
                    (A) by striking subsections (a) and (c); and
                    (B) by inserting before subsection (b) the 
                following:
    ``(a) For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826g).'';
            (4) in section 8(b) by striking ``the enforcement 
        activities specified in section 8(a) of this Act'' each place 
        it appears and inserting ``enforcement activities with respect 
        to this Act that are otherwise authorized by law''; and
            (5) by striking section 11 (16 U.S.C. 971j) and 
        redesignating sections 12 and 13 as sections 11 and 12, 
        respectively.

SEC. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE ACT OF 1965.

    Section 104(f) of the High Seas Fishing Compliance Act of 1995 (16 
U.S.C. 5503(f)) is amended to read as follows:
    ``(f) Validity.--A permit issued under this section for a vessel is 
void if--
            ``(1) any other permit or authorization required for the 
        vessel to fish is expired, revoked, or suspended; or
            ``(2) the vessel is no longer documented under the laws of 
        the United States or eligible for such documentation.''.

SEC. 109. AMENDMENTS TO THE DOLPHIN PROTECTION CONSUMER INFORMATION 
              ACT.

    The Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is 
amended by amending subsection (e) to read as follows:
    ``(e) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 110. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT OF 1982.

    Section 7 of the Northern Pacific Halibut Act of 1982 (16 U.S.C. 
773e) is amended--
            (1) in subsection (a) by redesignating paragraphs (1) 
        through (6) as subparagraphs (A) through (F);
            (2) by redesignating subsections (a) and (b) as paragraphs 
        (1) and (2), respectively;
            (3) in paragraph (1)(B), as so redesignated, by inserting 
        ``, investigation,'' before ``or inspection'';
            (4) in paragraph (1)(C), as so redesignated, by inserting 
        ``, investigation,'' before ``or inspection'';
            (5) in paragraph (1)(E), as so redesignated, by striking 
        ``or'' after the semicolon; and
            (6) in paragraph (1)(F), as so redesignated, by striking 
        ``section.'' and inserting ``section; or''.

SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES CONVENTION ACT 
              OF 1995.

    Section 207 of the Northwest Atlantic Fisheries Convention Act of 
1995 (16 U.S.C. 5606) is amended--
            (1) in the section heading, by striking ``and penalties'' 
        and inserting ``and enforcement'';
            (2) in subsection (a)(2), by inserting ``, investigation,'' 
        before ``or inspection'';
            (3) in subsection (a)(3), by inserting ``, investigation,'' 
        before ``or inspection''; and
            (4) by striking subsections (b) through (f) and inserting 
        the following:
    ``(b) Additional Prohibitions and Enforcement.--For additional 
prohibitions relating to this Act and enforcement of this Act, see 
section 606 of the High Seas Driftnet Fishing Moratorium Protection Act 
(16 U.S.C. 1826g).''.

SEC. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CONSERVATION AND 
              MANAGEMENT ACT.

    Section 307(1)(Q) of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1857(1)(Q)) is amended by inserting before 
the semicolon the following: ``or any treaty or in contravention of any 
binding conservation measure adopted by an international agreement or 
organization to which the United States is a party''.

           TITLE II--IMPLEMENTATION OF THE ANTIGUA CONVENTION

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Antigua Convention Implementing 
Act of 2015''.

SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Tuna Conventions Act of 
1950 (16 U.S.C. 951 et seq.).

SEC. 203. DEFINITIONS.

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

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Antigua convention.--The term `Antigua Convention' 
        means the Convention for the Strengthening of the Inter-
        American Tropical Tuna Commission Established by the 1949 
        Convention Between the United States of America and the 
        Republic of Costa Rica, signed at Washington, November 14, 
        2003.
            ``(2) Commission.--The term `Commission' means the Inter-
        American Tropical Tuna Commission provided for by the 
        Convention.
            ``(3) Convention.--The term `Convention' means--
                    ``(A) the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission, signed at 
                Washington, May 31, 1949, by the United States of 
                America and the Republic of Costa Rica;
                    ``(B) the Antigua Convention, upon its entry into 
                force for the United States, and any amendments thereto 
                that are in force for the United States; or
                    ``(C) both such Conventions, as the context 
                requires.
            ``(4) Person.--The term `person' means an individual, 
        partnership, corporation, or association subject to the 
        jurisdiction of the United States.
            ``(5) United states.--The term `United States' includes all 
        areas under the sovereignty of the United States.
            ``(6) United states commissioners.--The term `United States 
        commissioners' means the individuals appointed in accordance 
        with section 3(a).''.

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

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

``SEC. 3. COMMISSIONERS.

    ``(a) Commissioners.--The United States shall be represented on the 
Commission by four United States Commissioners. The President shall 
appoint individuals to serve on the Commission. The United States 
Commissioners shall be subject to supervision and removal by the 
Secretary of State, in consultation with the Secretary. In making the 
appointments, the President shall select United States Commissioners 
from among individuals who are knowledgeable or experienced concerning 
highly migratory fish stocks in the eastern tropical Pacific Ocean, one 
of whom shall be an officer or employee of the Department of Commerce. 
Not more than two United States Commissioners may be appointed who 
reside in a State other than a State whose vessels maintain a 
substantial fishery in the area of the Convention.
    ``(b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise, at any meeting of the Commission or of the 
General Advisory Committee or Scientific Advisory Subcommittee 
established pursuant to section 4(b), all powers and duties of a United 
States Commissioner in the absence of any United States Commissioner 
appointed pursuant to subsection (a) of this section for whatever 
reason. The number of such Alternate United States Commissioners that 
may be designated for any such meeting shall be limited to the number 
of United States Commissioners appointed pursuant to subsection (a) of 
this section who will not be present at such meeting.
    ``(c) Administrative Matters.--
            ``(1) Employment status.--Individuals serving as United 
        States Commissioners, other than officers or employees of the 
        United States Government, shall not be considered Federal 
        employees except for the purposes of injury compensation or 
        tort claims liability as provided in chapter 81 of title 5, 
        United States Code, and chapter 171 of title 28, United States 
        Code.
            ``(2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the United States 
        while so serving, shall receive no compensation for their 
        services as United States Commissioners or Alternate 
        Commissioners.
            ``(3) Travel expenses.--
                    ``(A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners and Alternate United States Commissioners 
                to meetings of the Inter-American Tropical Tuna 
                Commission and other meetings the Secretary of State 
                deems necessary to fulfill their duties, in accordance 
                with the Federal Travel Regulations and sections 5701, 
                5702, 5704 through 5708, and 5731 of title 5, United 
                States Code.
                    ``(B) The Secretary may reimburse the Secretary of 
                State for amounts expended by the Secretary of State 
                under this subsection.''.

SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.

    Section 4 (16 U.S.C. 953) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) General Advisory Committee.--
            ``(1) Appointments; public participation; compensation.--
                    ``(A) The Secretary, in consultation with the 
                Secretary of State, shall appoint a General Advisory 
                Committee which shall consist of not more than 25 
                individuals who shall be representative of the various 
                groups concerned with the fisheries covered by the 
                Convention, including nongovernmental conservation 
                organizations, providing to the maximum extent 
                practicable an equitable balance among such groups. 
                Members of the General Advisory Committee will be 
                eligible to participate as members of the United States 
                delegation to the Commission and its working groups to 
                the extent the Commission rules and space for 
                delegations allow.
                    ``(B) The chair of the Pacific Fishery Management 
                Council's Advisory Subpanel for Highly Migratory 
                Fisheries and the chair of the Western Pacific Fishery 
                Management Council's Advisory Committee shall be ex-
                officio members of the General Advisory Committee by 
                virtue of their positions in those Councils.
                    ``(C) Each member of the General Advisory Committee 
                appointed under subparagraph (A) shall serve for a term 
                of 3 years and is eligible for reappointment.
                    ``(D) The General Advisory Committee shall be 
                invited to attend all non-executive meetings of the 
                United States delegation and at such meetings shall be 
                given opportunity to examine and to be heard on all 
                proposed programs of investigation, reports, 
                recommendations, and regulations of the Commission.
                    ``(E) The General Advisory Committee shall 
                determine its organization, and prescribe its practices 
                and procedures for carrying out its functions under 
                this title, the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1801 et seq.), and the 
                Convention. The General Advisory Committee shall 
                publish and make available to the public a statement of 
                its organization, practices, and procedures. Meetings 
                of the General Advisory Committee, except when in 
                executive session, shall be open to the public, and 
                prior notice of meetings shall be made public in timely 
                fashion. The General Advisory Committee shall not be 
                subject to the Federal Advisory Committee Act (5 U.S.C. 
                App.).
            ``(2) Information sharing.--The Secretary and the Secretary 
        of State shall furnish the General Advisory Committee with 
        relevant information concerning fisheries and international 
        fishery agreements.
            ``(3) Administrative matters.--
                    ``(A) The Secretary shall provide to the General 
                Advisory Committee in a timely manner such 
                administrative and technical support services as are 
                necessary for its effective functioning.
                    ``(B) Individuals appointed to serve as a member of 
                the General Advisory Committee--
                            ``(i) shall serve without pay, but while 
                        away from their homes or regular places of 
                        business to attend meetings of the General 
                        Advisory Committee shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, in the same manner as persons 
                        employed intermittently in the Government 
                        service are allowed expenses under section 5703 
                        of title 5, United States Code; and
                            ``(ii) shall not be considered Federal 
                        employees except for the purposes of injury 
                        compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.'';
            (2) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b) Scientific Advisory Subcommittee.--(1) The Secretary, in 
consultation with the Secretary of State, shall appoint a Scientific 
Advisory Subcommittee of not less than 5 nor more than 15 qualified 
scientists with balanced representation from the public and private 
sectors, including nongovernmental conservation organizations.''; and
            (3) in subsection (b)(3), by striking ``General Advisory 
        Subcommittee'' and inserting ``General Advisory Committee''.

SEC. 206. RULEMAKING.

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

``SEC. 6. RULEMAKING.

    ``(a) Regulations.--The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, the 
Secretary of the Department in which the Coast Guard is operating, may 
promulgate such regulations as may be necessary to carry out the United 
States international obligations under the Convention and this Act, 
including recommendations and decisions adopted by the Commission. In 
cases where the Secretary has discretion in the implementation of one 
or more measures adopted by the Commission that would govern fisheries 
under the authority of a Regional Fishery Management Council, the 
Secretary may, to the extent practicable within the implementation 
schedule of the Convention and any recommendations and decisions 
adopted by the Commission, promulgate such regulations as may be 
necessary to carry out the United States international obligations 
under the Convention and this Act, in accordance with the procedures 
established by the Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.).
    ``(b) Jurisdiction.--The Secretary may promulgate regulations as 
may be necessary to carry out the United States international 
obligations under the Convention and this Act, applicable to all 
vessels and persons subject to the jurisdiction of the United States, 
including vessels documented under chapter 121 of title 46, United 
States Code, wherever they may be operating, on such date as the 
Secretary shall prescribe.''.

SEC. 207. PROHIBITED ACTS.

    Section 8 (16 U.S.C. 957) is amended--
            (1) by striking ``section 6(c) of this Act'' each place it 
        appears and inserting ``section 6''; and
            (2) by adding at the end the following:
    ``(i) Additional Prohibitions and Enforcement.--For prohibitions 
relating to this Act and enforcement of this Act, see section 606 of 
the High Seas Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).''.

SEC. 208. ENFORCEMENT.

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

``SEC. 10. ENFORCEMENT.

    ``For enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).''.

SEC. 209. REDUCTION OF BYCATCH.

    Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and 
inserting ``vessels''.

SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.

    The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et 
seq.) is repealed.

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

SEC. 301. SHORT TITLE.

    This title may be cited as the ``Port State Measures Agreement Act 
of 2015''.

SEC. 302. PURPOSE.

    The purpose of this title is to implement the Agreement on Port 
State Measures to Prevent, Deter and Eliminate Illegal, Unreported and 
Unregulated Fishing.

SEC. 303. DEFINITIONS.

    As used in this title:
            (1) The term ``Agreement'' means the Agreement on Port 
        State Measures to Prevent, Deter and Eliminate Illegal, 
        Unreported and Unregulated Fishing, done at the Food and 
        Agriculture Organization of the United Nations, in Rome, Italy, 
        November 22, 2009, and signed by the United States November 22, 
        2009.
            (2) The term ``IUU fishing'' means any activity set out in 
        paragraph 3 of the 2001 FAO International Plan of Action to 
        Prevent, Deter and Eliminate Illegal, Unreported and 
        Unregulated Fishing.
            (3) The term ``listed IUU vessel'' means a vessel that is 
        included in a list of vessels having engaged in IUU fishing or 
        fishing-related activities in support of IUU fishing that has 
        been adopted by a regional fisheries management organization of 
        which the United States is a member, or a list adopted by a 
        regional fisheries management organization of which the United 
        States is not a member if the Secretary determines the criteria 
        used by that organization to create the IUU list is comparable 
        to criteria adopted by RFMOs of which the United States is a 
        member for identifying IUU vessels and activities.
            (4) The term ``Magnuson-Stevens Act'' means the Magnuson-
        Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 
        et seq.).
            (5) The term ``person'' has the same meaning as that term 
        has in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
            (6) The terms ``RFMO'' and ``regional fisheries management 
        organization'' mean a regional fisheries management 
        organization (as that term is defined by the United Nation's 
        Food and Agriculture Organization Agreement on Port State 
        Measures to Prevent, Deter and Eliminate Illegal, Unreported 
        and Unregulated Fishing) that is recognized by the United 
        States.
            (7) The term ``Secretary'' means the Secretary of Commerce 
        or his or her designee.
            (8) The term ``vessel'' means any vessel, ship of another 
        type, or boat used for, equipped to be used for, or intended to 
        be used for, fishing or fishing-related activities, including 
        container vessels that are carrying fish that have not been 
        previously landed.
            (9) The term ``fish'' means finfish, mollusks, crustaceans, 
        and all other forms of marine animal and plant life other than 
        marine mammals and birds.
            (10) The term ``fishing''--
                    (A) except as provided in subparagraph (B), means--
                            (i) the catching, taking, or harvesting of 
                        fish;
                            (ii) the attempted catching, taking, or 
                        harvesting of fish;
                            (iii) any other activity which can 
                        reasonably be expected to result in the 
                        catching, taking, or harvesting of fish; or
                            (iv) any operations at sea in support of, 
                        or in preparation for, any activity described 
                        in clauses (i) through (iii); and
                    (B) does not include any scientific research 
                activity that is conducted by a scientific research 
                vessel.

SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY.

    (a) Regulations.--The Secretary may, as needed, promulgate such 
regulations--
            (1) in accordance with section 553 of title 5, United 
        States Code;
            (2) consistent with provisions of the title; and
            (3) with respect to enforcement measures, in consultation 
        with the Secretary of the department in which the Coast Guard 
        is operating;
as may be necessary to carry out the purposes of this title, to the 
extent that such regulations are not already promulgated.
    (b) Ports of Entry.--The Secretary, in consultation with the 
Secretary of the department in which the Coast Guard is operating, may 
designate and publicize the ports to which vessels may seek entry. No 
port may be designated under this section that has not also been 
designated as a port of entry for customs reporting purposes pursuant 
to section 1433 of title 19, United States Code, or that is not 
specified under an existing international fisheries agreement.
    (c) Notification.--The Secretary shall provide notification of the 
denial of port entry or the use of port services for a vessel under 
section 305, the withdrawal of the denial of port services for a 
foreign vessel, the taking of enforcement action pursuant to section 
306 with respect to a foreign vessel, or the results of any inspection 
of a foreign vessel conducted pursuant to this title to the flag nation 
of the vessel and, as appropriate, to the nation of which the vessel's 
master is a national, relevant coastal nations, RFMOs, the Food and 
Agriculture Organization of the United Nations, and other relevant 
international organizations.
    (d) Confirmation That Fish Were Taken in Accordance With 
Conservation and Management Measures.--The Secretary may request 
confirmation from the flag state of a foreign vessel that the fish on 
board a foreign vessel in a port subject to the jurisdiction of the 
United States were taken in accordance with applicable RFMO 
conservation and management measures.

SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY.

    (a) Submission of Information Required Under Agreement.--
            (1) In general.--A vessel described in paragraph (2) 
        seeking entry to a port that is subject to the jurisdiction of 
        the United States must submit to the Secretary of the 
        department in which the Coast Guard is operating information as 
        required under the Agreement in advance of its arrival in port. 
        The Secretary of the department in which the Coast Guard is 
        operating shall provide that information to the Secretary.
            (2) Covered vessels.--A vessel referred to in paragraph (1) 
        is any vessel that--
                    (A) is not documented under chapter 121 of title 
                46, United States Code; and
                    (B) is not numbered under chapter 123 of that 
                title.
    (b) Decision To Authorize or Deny Port Entry.--
            (1) Decision.--The Secretary shall decide, based on the 
        information submitted under subsection (a), whether to 
        authorize or deny port entry by the vessel, and shall 
        communicate such decision to--
                    (A) the Secretary of the department in which the 
                Coast Guard is operating; and
                    (B) the vessel or its representative.
            (2) Authorization or denial of entry.--The Secretary of the 
        department in which the Coast Guard is operating shall 
        authorize or deny entry to vessels to which such a decision 
        applies.
            (3) Vessels to which entry may be denied.--The Secretary of 
        the department in which the Coast Guard is operating may deny 
        entry to any vessel to which such a decision applies--
                    (A) that is described in subsection (a)(2); and
                    (B) that--
                            (i) is a listed IUU vessel; or
                            (ii) the Secretary of Commerce has 
                        reasonable grounds to believe--
                                    (I) has engaged in IUU fishing or 
                                fishing-related activities in support 
                                of such fishing; or
                                    (II) has violated this title.
    (c) Denial of Use of Port.--If a vessel described in subsection 
(a)(2) is in a port that is subject to the jurisdiction of the United 
States, the Secretary of the department in which the Coast Guard is 
operating, at the request of the Secretary, shall deny such vessel the 
use of the port for landing, transshipment, packaging and processing of 
fish, refueling, resupplying, maintenance, and drydocking, if--
            (1) the vessel entered without authorization under 
        subsection (b);
            (2) the vessel is a listed IUU vessel;
            (3) the vessel is not documented under the laws of another 
        nation;
            (4) the flag nation of the vessel has failed to provide 
        confirmation requested by the Secretary that the fish on board 
        were taken in accordance with applicable RFMO conservation and 
        management measures; or
            (5) the Secretary has reasonable grounds to believe--
                    (A) the vessel lacks valid authorizations to engage 
                in fishing or fishing-related activities as required by 
                its flag nation or the relevant coastal nation;
                    (B) the fish on board were taken in violation of 
                foreign law or in contravention of any RFMO 
                conservation and management measure; or
                    (C) the vessel has engaged in IUU fishing or 
                fishing-related activities in support of such fishing, 
                including in support of a listed IUU vessel, unless it 
                can establish that--
                            (i) it was acting in a manner consistent 
                        with applicable RFMO conservation and 
                        management measures; or
                            (ii) in the case of the provision of 
                        personnel, fuel, gear, and other supplies at 
                        sea, the vessel provisioned was not, at the 
                        time of provisioning, a listed IUU vessel.
    (d) Exceptions.--Notwithstanding subsections (b) and (c), the 
Secretary of the department in which the Coast Guard is operating may 
allow port entry or the use of port services--
            (1) if they are essential to the safety or health of the 
        crew or safety of the vessel;
            (2) to allow, where appropriate, for the scrapping of the 
        vessel; or
            (3) pursuant to an inspection or other enforcement action.

SEC. 306. INSPECTIONS.

    The Secretary, and the Secretary of the department in which the 
Coast Guard is operating, shall conduct foreign vessel inspections in 
ports subject to the jurisdiction of the United States as necessary to 
achieve the purposes of the Agreement and this title. If, following an 
inspection, the Secretary has reasonable grounds to believe that a 
foreign vessel has engaged in IUU fishing or fishing-related activities 
in support of such fishing, the Secretary may take enforcement action 
under this title or other applicable law, and shall deny the vessel the 
use of port services, in accordance with section 305.

SEC. 307. PROHIBITED ACTS.

    It is unlawful for any person subject to the jurisdiction of the 
United States--
            (1) to violate any provision of this title or the 
        regulations issued under this title;
            (2) to refuse to permit any authorized officer to board, 
        search, or inspect a vessel that is subject to the person's 
        control in connection with the enforcement of this title or the 
        regulations issued under this title;
            (3) to submit false information pursuant to any requirement 
        under this title or the regulations issued under this title; or
            (4) to commit any offense enumerated in paragraph (4), (5), 
        (7), or (9) of section 707(a) of the Western and Central 
        Pacific Fisheries Convention Implementation Act (16 U.S.C. 
        6906(a)).

SEC. 308. ENFORCEMENT.

    (a) Existing Authorities and Responsibilities.--
            (1) Authorities and responsibilities.--The authorities and 
        responsibilities under subsections (a), (b), and (c) of section 
        311 and subsection (f) of section 308 of the Magnuson-Stevens 
        Act (16 U.S.C. 1861, 1858) and paragraphs (2), (3), and (7) of 
        section 310(b) of the Antarctic Marine Living Resources 
        Convention Act of 1984 (16 U.S.C. 2439(b)) shall apply with 
        respect to enforcement of this title.
            (2) Included vessels.--For purposes of enforcing this 
        title, any reference in such paragraphs and subsections to a 
        ``vessel'' or ``fishing vessel'' includes all vessels as 
        defined in section 303(8) of this title.
            (3) Application of other provisions.--Such paragraphs and 
        subsections apply to violations of this title and any 
        regulations promulgated under this title.
    (b) Civil Enforcement.--
            (1) Civil administrative penalties.--
                    (A) In general.--Any person who is found by the 
                Secretary (after notice and opportunity for a hearing 
                in accordance with section 554 of title 5, United 
                States Code) to have committed an act prohibited under 
                section 307 shall be liable to the United States for a 
                civil penalty. The amount of the civil penalty shall be 
                consistent with the amount under section 308(a) of the 
                Magnuson-Stevens Act (16 U.S.C. 1858(a)).
                    (B) Compromise or other action by secretary.--The 
                Secretary shall have the same authority as provided in 
                section 308(e) of the Magnuson-Stevens Act (16 U.S.C. 
                1858(e)) with respect to a violation of this Act.
            (2) In rem jurisdiction.--For purposes of this title, the 
        conditions for in rem liability shall be consistent with 
        section 308(d) of the Magnuson-Stevens Act (16 U.S.C. 1858(d)).
            (3) Action upon failure to pay assessment.--If any person 
        fails to pay an assessment of a civil penalty under this title 
        after it has become a final and unappealable order, or after 
        the appropriate court has entered final judgment in favor of 
        the Secretary, the Secretary shall refer the matter to the 
        Attorney General, who shall recover the amount assessed in any 
        appropriate district court of the United States. In such 
        action, the validity and appropriateness of the final order 
        imposing the civil penalty shall not be subject to review.
    (c) Forfeiture.--
            (1) In general.--Any foreign vessel (including its fishing 
        gear, furniture, appurtenances, stores, and cargo) used, and 
        any fish (or the fair market value thereof) imported or 
        possessed in connection with or as result of the commission of 
        any act prohibited by section 307 of this title shall be 
        subject to forfeiture under section 310 of the Magnuson-Stevens 
        Act (16 U.S.C. 1860).
            (2) Application of the customs laws.--All provisions of law 
        relating to seizure, summary judgment, and judicial forfeiture 
        and condemnation for violation of the customs laws, the 
        disposition of the property forfeited or condemned or the 
        proceeds from the sale thereof, the remission or mitigation of 
        such forfeitures, and the compromise of claims shall apply to 
        seizures and forfeitures incurred, or alleged to have been 
        incurred, under the provisions of this title, insofar as 
        applicable and not inconsistent with the provisions hereof. For 
        seizures and forfeitures of property under this section by the 
        Secretary, such duties as are imposed upon the customs officer 
        or any other person with respect to the seizure and forfeiture 
        of property under the customs law may be performed by such 
        officers as are designated by the Secretary or, upon request of 
        the Secretary, by any other agency that has authority to manage 
        and dispose of seized property.
            (3) Presumption.--For the purposes of this section there is 
        a rebuttable presumption that all fish, or components thereof, 
        found on board a vessel that is used or seized in connection 
        with a violation of this title (including any regulation 
        promulgated under this Act) were taken, obtained, or retained 
        as a result of IUU fishing or fishing-related activities in 
        support of IUU fishing.
    (d) Criminal Enforcement.--Any person (other than a foreign 
government agency, or entity wholly owned by a foreign government) who 
knowingly commits an act prohibited by section 307 of this title shall 
be subject to subsections (b) and (c) of section 309 of the Magnuson-
Stevens Act (16 U.S.C. 1859).
    (e) Payment of Storage, Care, and Other Costs.--Any person assessed 
a civil penalty for, or convicted of, any violation of this title 
(including any regulation promulgated under this title) and any 
claimant in a forfeiture action brought for such a violation, shall be 
liable for the reasonable costs incurred by the Secretary in storage, 
care, and maintenance of any property seized in connection with the 
violation.

SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE.

    (a) Assistance to Developing Nations and International 
Organizations.--Consistent with existing authority and the availability 
of funds, the Secretary shall provide appropriate assistance to 
developing nations and international organizations of which such 
nations are members to assist those nations in meeting their 
obligations under the Agreement.
    (b) Personnel, Services, Equipment, and Facilities.--In carrying 
out subsection (a), the Secretary may, by agreement, on a reimbursable 
or nonreimbursable basis, utilize the personnel, services, equipment, 
and facilities of any Federal, State, local, or foreign government or 
any entity of any such government.

SEC. 310. RELATIONSHIP TO OTHER LAWS.

    (a) In General.--Nothing in this title shall be construed to 
displace any requirements imposed by the customs laws of the United 
States or any other laws or regulations enforced or administered by the 
Secretary of Homeland Security. Where more stringent requirements 
regarding port entry or access to port services exist under other 
Federal law, those more stringent requirements shall apply. Nothing in 
this title shall affect a vessel's entry into port, in accordance with 
international law, for reasons of force majeure or distress.
    (b) United States Obligations Under International Law.--This title 
shall be interpreted and applied in accordance with United States 
obligations under international law.

            Passed the House of Representatives July 27, 2015.

            Attest:

                                                                 Clerk.
114th CONGRESS

  1st Session

                               H. R. 774

_______________________________________________________________________

                                 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.
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