IB 

Union Calendar No. 516 

113TH CONGRESS 

2D SESSION H. R. 69 

[Report No. 113–685] 

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

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 3, 2013 

Ms. BORDALLO (for herself, Mr. MARKEY, Mr. PIERLUISI, Mr. SABLAN, and 

Mrs. CHRISTENSEN) introduced the following bill; which was referred to 

the Committee on Natural Resources 

DECEMBER 22, 2014 

Additional sponsors: Mr. FARR, Mr. GRIMM, Mr. FALEOMAVAEGA, Ms. 

HANABUSA, Mr. BLUMENAUER, Mr. HUFFMAN, Mrs. CAPPS, Mr. 

LOWENTHAL, Mr. SCHIFF, Mr. THOMPSON of California, Ms. LEE of 

California, and Mr. KEATING

DECEMBER 22, 2014 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on January 3, 2013] 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 69 RH

A BILL 

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


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 69 RH

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

3 SECTION 1. SHORT TITLE. 

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

5 Unregulated Fishing Enforcement Act of 2014’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 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 South Pacific Tuna Act of 1988. 

Sec. 107. Amendments to the Antarctic Marine Living Resources Convention Act. 

Sec. 108. Amendments to the Atlantic Tunas Convention Act. 

Sec. 109. Amendments to the High Seas Fishing Compliance Act of 1965. 

Sec. 110. Amendments to the Dolphin Protection Consumer Information Act. 

Sec. 111. Amendments to the Northern Pacific Halibut Act of 1982. 

Sec. 112. Amendments to the Northwest Atlantic Fisheries Convention Act of 

1995. 

Sec. 113. 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. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 69 RH

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. 

1 TITLE I—STRENGTHENING FISH2 ERIES ENFORCEMENT MECH3 ANISMS 

4 SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

5 FISHING MORATORIUM PROTECTION ACT. 

6 (a) ADMINISTRATION AND ENFORCEMENT.—Section 

7 606 of the High Seas Driftnet Fishing Moratorium Protec8 tion Act (16 U.S.C. 1826g) is amended by inserting before 

9 the first sentence the following: 

10 ‘‘(a) IN GENERAL.—The Secretary and the Secretary 

11 of the department in which the Coast Guard is operating 

12 shall enforce this Act, and the Acts to which this section 

13 applies, in accordance with this section. Each such Sec14 retary may, by agreement, on a reimbursable basis or other15 wise, utilize the personnel services, equipment (including 

16 aircraft and vessels), and facilities of any other Federal 

17 agency, and of any State agency, in the performance of such 

18 duties. 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 69 RH

1 ‘‘(b) ACTS TO WHICH SECTION APPLIES.—This section 

2 applies to— 

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

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

5 ‘‘(2) the Dolphin Protection Consumer Informa6 tion Act (16 U.S.C. 1385); 

7 ‘‘(3) the Tuna Conventions Act of 1950 (16 

8 U.S.C. 951 et seq.); 

9 ‘‘(4) the North Pacific Anadromous Stocks Act of 

10 1992 (16 U.S.C. 5001 et seq.); 

11 ‘‘(5) the South Pacific Tuna Act of 1988 (16 

12 U.S.C. 973 et seq.); 

13 ‘‘(6) the Antarctic Marine Living Resources Con14 vention Act of 1984 (16 U.S.C. 2431 et seq.); 

15 ‘‘(7) the Atlantic Tunas Convention Act of 1975 

16 (16 U.S.C. 971 et seq.); 

17 ‘‘(8) the Northwest Atlantic Fisheries Convention 

18 Act of 1995 (16 U.S.C. 5601 et seq.); 

19 ‘‘(9) the Western and Central Pacific Fisheries 

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

21 seq.); and 

22 ‘‘(10) the North Pacific Halibut Act of 1982 (16 

23 U.S.C. 773a et seq.). 

24 ‘‘(c) ADMINISTRATION AND ENFORCEMENT.— 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 69 RH

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

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

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

4 the same means, and with the same jurisdiction, pow5 ers, and duties as though sections 308 through 311 of 

6 the Magnuson-Stevens Fishery Conservation and 

7 Management Act (16 U.S.C. 1858 through 1861) were 

8 incorporated into and made a part of and applicable 

9 to this Act and each such Act. 

10 ‘‘(2) INTERNATIONAL COOPERATION.—The Sec11 retary may, subject to appropriations and in the 

12 course of carrying out the Secretary’s responsibilities 

13 under the Acts to which this section applies, engage 

14 in international cooperation to help other nations 

15 combat illegal, unreported, and unregulated fishing 

16 and achieve sustainable fisheries. 

17 ‘‘(d) SPECIAL RULES.— 

18 ‘‘(1) ADDITIONAL ENFORCEMENT AUTHORITY.— 

19 In addition to the powers of officers authorized pursu20 ant to subsection (c), any officer who is authorized by 

21 the Secretary, or the head of any Federal or State 

22 agency that has entered into an agreement with the 

23 Secretary under subsection (a), may enforce the provi24 sions of any Act to which this section applies, with 

25 the same jurisdiction, powers, and duties as though 


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 69 RH

1 section 311 of the Magnuson-Stevens Fishery Con2 servation and Management Act (16 U.S.C. 1861) were 

3 incorporated into and made a part of each such Act. 

4 ‘‘(2) DISCLOSURE OF ENFORCEMENT INFORMA5 TION.—The Secretary, subject to the data confiden6 tiality provisions in section 402 of the Magnuson-Ste7 vens Fishery Conservation and Management Act (16 

8 U.S.C. 1881a), may disclose, as necessary and appro9 priate, information, including information collected 

10 under joint authority of the Magnuson-Stevens Fish11 ery Conservation and Management Act (16 U.S.C. 

12 1801 et seq.) and the Atlantic Tunas Convention Act 

13 of 1975 (16 U.S.C. 71 et seq.) or the Western and 

14 Central Pacific Fisheries Convention Implementation 

15 Act (16 U.S.C. 6901 et seq.) or other statutes imple16 menting international fishery agreements, to any 

17 other Federal or State government agency, the Food 

18 and Agriculture Organization of the United Nations, 

19 the secretariat or equivalent of an international fish20 ery management organization or arrangement made 

21 pursuant to an international fishery agreement, or a 

22 foreign government, if— 

23 ‘‘(A) such government, organization, or ar24 rangement has policies and procedures to protect 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 69 RH

1 such information from unintended or unauthor2 ized disclosure; and 

3 ‘‘(B) such disclosure is necessary— 

4 ‘‘(i) to ensure compliance with any law 

5 or regulation enforced or administered by 

6 the Secretary; 

7 ‘‘(ii) to administer or enforce any 

8 international fishery agreement to which the 

9 United States is a party; 

10 ‘‘(iii) to administer or enforce a bind11 ing conservation measure adopted by any 

12 international organization or arrangement 

13 to which the United States is a party; 

14 ‘‘(iv) to assist in any investigative, ju15 dicial, or administrative enforcement pro16 ceeding in the United States; or 

17 ‘‘(v) to assist in any law enforcement 

18 action undertaken by a law enforcement 

19 agency of a foreign government, or in rela20 tion to a legal proceeding undertaken by a 

21 foreign government to the extent the enforce22 ment action is consistent with rules and 

23 regulations of a regional fishery manage24 ment organization that the United States is 

25 a member of, or the Secretary has deterVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
9 

•HR 69 RH

1 mined that the enforcement action is con2 sistent with the requirements under Federal 

3 law for enforcement actions with respect to 

4 illegal, unreported, and unregulated fishing. 

5 ‘‘(e) PROHIBITED ACTS.—It is unlawful for any per6 son— 

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

8 regulation or permit issued pursuant to this Act; 

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

10 enforce the provisions of this Act to board, search, or 

11 inspect a vessel, subject to such person’s control for the 

12 purposes of conducting any search, investigation, or 

13 inspection in connection with the enforcement of this 

14 Act, any regulation promulgated under this Act, or 

15 any Act to which this section applies; 

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

17 intimidate, or interfere with any such authorized offi18 cer in the conduct of any search, investigation, or in19 spection described in paragraph (2); 

20 ‘‘(4) to resist a lawful arrest for any act prohib21 ited by this section or any Act to which this section 

22 applies; 

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

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

25 other person, knowing that such person has committed 


smartinez on DSK4TPTVN1PROD with BILLS
10 

•HR 69 RH

1 any act prohibited by this section or any Act to which 

2 this section applies; or 

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

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

5 ‘‘(A) any observer on a vessel under this Act 

6 or any Act to which this section applies; or 

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

8 National Marine Fisheries Service or under con9 tract to any person to carry out responsibilities 

10 under this Act or any Act to which this section 

11 applies. 

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

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

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

15 to a permit sanction, under section 308 of the Magnuson16 Stevens Fishery Conservation and Management Act (16 

17 U.S.C. 1858). 

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

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

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

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

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

23 1859(b)). 

24 ‘‘(h) UTILIZATION OF FEDERAL AGENCY ASSETS.—’’. 


smartinez on DSK4TPTVN1PROD with BILLS
11 

•HR 69 RH

1 (b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF

2 INTERNATIONAL FISHERY MANAGEMENT ORGANIZA3 TIONS.—Section 608 of such Act (16 U.S.C. 1826i) is 

4 amended by— 

5 (1) inserting before the first sentence the fol6 lowing: ‘‘(a) IN GENERAL.—’’; 

7 (2) in subsection (a) (as designated by para8 graph (1) of this subsection) in the first sentence, in9 serting ‘‘, or arrangements made pursuant to an 

10 international fishery agreement,’’ after ‘‘organiza11 tions’’; and 

12 (3) adding at the end the following new sub13 sections: 

14 ‘‘(b) DISCLOSURE OF INFORMATION.—The Secretary, 

15 subject to the data confidentiality provisions in section 402 

16 of the Magnuson-Stevens Fishery Conservation and Man17 agement Act (16 U.S.C. 1881a), may disclose, as necessary 

18 and appropriate, information, including information col19 lected under joint authority of the Magnuson-Stevens Fish20 ery Conservation and Management Act (16 U.S.C. 1801 et 

21 seq.) and the Atlantic Tunas Convention Act of 1975 (16 

22 U.S.C. 71 et seq.), the Western and Central Pacific Fisheries 

23 Convention Implementation Act (16 U.S.C. 6901 et seq.), 

24 any other statute implementing an international fishery 

25 agreement, to any other Federal or State government agenVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
12 

•HR 69 RH

1 cy, the Food and Agriculture Organization of the United 

2 Nations, or the secretariat or equivalent of an international 

3 fishery management organization or arrangement made 

4 pursuant to an international fishery agreement, if such gov5 ernment, organization, or arrangement, respectively, has 

6 policies and procedures to protect such information from 

7 unintended or unauthorized disclosure. 

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

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

10 of vessels and vessel owners engaged in illegal, unre11 ported, or unregulated fishing or fishing-related ac12 tivities in support of illegal, unreported, or unregu13 lated fishing, including vessels or vessel owners identi14 fied by an international fishery management organi15 zation or arrangement made pursuant to an inter16 national fishery agreement, that— 

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

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

19 whose procedures and criteria in developing and 

20 maintaining a list of such vessels and vessel 

21 owners are substantially similar to such proce22 dures and criteria adopted pursuant to an inter23 national fishery agreement to which the United 

24 States is a party; and 


smartinez on DSK4TPTVN1PROD with BILLS
13 

•HR 69 RH

1 ‘‘(2) take appropriate action against listed ves2 sels and vessel owners, including action against fish, 

3 fish parts, or fish products from such vessels, in ac4 cordance with applicable United States law and con5 sistent with applicable international law, including 

6 principles, rights, and obligations established in ap7 plicable international fishery management agreements 

8 and trade agreements. 

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

10 regulations to implement this section.’’. 

11 (c) NOTIFICATION REGARDING IDENTIFICATION OF NA12 TIONS.—Section 609(b) of such Act (166 U.S.C. 1826j(b)) 

13 is amended to read as follows: 

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

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

16 (d) NATIONS IDENTIFIED UNDER SECTION 610.—Sec17 tion 610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) is 

18 amended to read as follows: 

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

20 and nations that have been identified under sub21 section (a), and also notify other nations whose vessels 

22 engage in fishing activities or practices described in 

23 subsection (a), about the provisions of this section and 

24 this Act;’’. 


smartinez on DSK4TPTVN1PROD with BILLS
14 

•HR 69 RH

1 (e) EFFECT OF CERTIFICATION UNDER SECTION

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

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

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

5 (f) EFFECT OF CERTIFICATION UNDER SECTION

6 610.—Section 610(c)(5) of such Act (16 U.S.C. 1826k(c)(5)) 

7 is amended by striking ‘‘that has not been certified by the 

8 Secretary under this subsection, or’’. 

9 (g) IDENTIFICATION OF NATIONS.— 

10 (1) SCOPE OF IDENTIFICATION FOR ACTIONS OF

11 FISHING VESSELS.—Section 609(a) of such Act (16 

12 U.S.C. 1826j(a)) is amended— 

13 (A) in the matter preceding paragraph 

14 (1)— 

15 (i) by inserting ‘‘, based on a cumu16 lative compilation and analysis of data col17 lected and provided by international fishery 

18 management organizations and other na19 tions and organizations,’’ after ‘‘shall’’; and 

20 (ii) by striking ‘‘2 years’’ and insert21 ing ‘‘3 years’’; 

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

23 undermines the effectiveness of measures required 

24 by an international fishery management organiVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
15 

•HR 69 RH

1 zation, taking into account whether’’ after ‘‘(1)’’; 

2 and 

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

4 of’’. 

5 (2) ADDITIONAL GROUNDS FOR IDENTIFICA6 TION.—Section 609(a) of such Act (16 U.S.C. 

7 1826j(a)) is further amended— 

8 (A) by redesignating paragraphs (1) and 

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

10 by moving the margins of such subparagraphs 2 

11 ems to the right); 

12 (B) by inserting before the first sentence the 

13 following: 

14 ‘‘(1) IDENTIFICATION FOR ACTIONS OF FISHING

15 VESSELS.—’’; and 

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

17 ‘‘(2) IDENTIFICATION FOR ACTIONS OF NATION.— 

18 Taking into account the factors described under sec19 tion 609(a)(1), the Secretary shall also identify, and 

20 list in such report, a nation— 

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

22 any point during the preceding three years, con23 servation and management measures required 

24 under an international fishery management 

25 agreement to which the United States is a party 


smartinez on DSK4TPTVN1PROD with BILLS
16 

•HR 69 RH

1 and the violations undermine the effectiveness of 

2 such measures; or 

3 ‘‘(B) if it is failing, or has failed in the pre4 ceding 3-year period, to effectively address or 

5 regulate illegal, unreported, or unregulated fish6 ing in areas described under paragraph (1)(B). 

7 ‘‘(3) APPLICATION TO OTHER ENTITIES.—Where 

8 the provisions of this Act are applicable to nations, 

9 they shall also be applicable, as appropriate, to other 

10 entities that have competency to enter into inter11 national fishery management agreements.’’. 

12 (3) PERIOD OF FISHING PRACTICES SUPPORTING

13 IDENTIFICATION.—Section 610(a)(1) of such Act (16 

14 U.S.C. 1826k(a)(1)) is amended by striking ‘‘calendar 

15 year’’ and inserting ‘‘three years’’. 

16 (h) AUTHORIZATION OF APPROPRIATIONS.—There is 

17 authorized to be appropriated to the Secretary of Commerce 

18 $450,000 for each of fiscal years 2015 through 2019 to im19 plement the amendments made by subsections (b) and (g). 

20 (i) TECHNICAL CORRECTIONS.— 

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

22 1826h(2)) is amended by striking ‘‘whose vessels’’ and 

23 inserting ‘‘that’’. 


smartinez on DSK4TPTVN1PROD with BILLS
17 

•HR 69 RH

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

2 1826j(d)(1)) is amended by striking ‘‘of its fishing 

3 vessels’’. 

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

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

6 vessels’’. 

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

8 1826j(d)(2)) is amended— 

9 (A) by striking ‘‘for certification’’ and in10 serting ‘‘to authorize’’; 

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

12 ‘‘or other basis’’; 

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

14 (D) by striking ‘‘not certified under para15 graph (1)’’ and inserting ‘‘issued a negative cer16 tification under paragraph (1)’’. 

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

18 amended as follows: 

19 (A) In subsection (a)(1), by striking ‘‘prac20 tices;’’ and inserting ‘‘practices—’’. 

21 (B) In subsection (c)(4), by striking all pre22 ceding subparagraph (B) and inserting the fol23 lowing: 

24 ‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary 

25 may establish a procedure to authorize, on a shipVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
18 

•HR 69 RH

1 ment-by-shipment, shipper-by-shipper, or other basis 

2 the importation of fish or fish products from a vessel 

3 of a nation issued a negative certification under 

4 paragraph (1) if the Secretary determines that such 

5 imports were harvested by practices that do not result 

6 in bycatch of a protected marine species, or were har7 vested by practices that— 

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

9 States, taking into account different conditions; 

10 and’’. 

11 SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET 

12 FISHERIES ENFORCEMENT ACT. 

13 (a) NEGATIVE CERTIFICATION EFFECTS.—Section 101 

14 of the High Seas Driftnet Fisheries Enforcement Act (16 

15 U.S.C. 1826a) is amended— 

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

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

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

19 appropriate, for fishing vessels of a nation that re20 ceives a negative certification under section 609(d) or 

21 section 610(c) of the High Seas Driftnet Fishing Mor22 atorium Protection Act (16 U.S.C. 1826)’’ after ‘‘(1)’’; 

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

24 the period the following: ‘‘, except for the purposes of 


smartinez on DSK4TPTVN1PROD with BILLS
19 

•HR 69 RH

1 inspecting such vessel, conducting an investigation, or 

2 taking other appropriate enforcement action’’; 

3 (4) in subsection (b)(1)(A)(i), by striking ‘‘or il4 legal, unreported, or unregulated fishing’’ after 

5 ‘‘driftnet fishing’’; 

6 (5) in subsection (b)(1)(B) and subsection (b)(2), 

7 by striking ‘‘or illegal, unreported, or unregulated 

8 fishing’’ after ‘‘driftnet fishing’’ each place it appears; 

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

10 negative certification under section 609(d) or section 

11 610(c) of the High Seas Driftnet Fishing Moratorium 

12 Protection Act (16 U.S.C. 1826j(d), 1826k(c))’’ after 

13 ‘‘(1)(A)’’; 

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

15 issues a negative certification under section 609(d) or 

16 section 610(c) of the High Seas Driftnet Fishing Mor17 atorium Protection Act (16 U.S.C. 1826j(d), 

18 1826k(c))’’ after ‘‘paragraph (1)’’; 

19 (8) in subsection (b)(4)(A)(i), by striking ‘‘or il20 legal, unreported, or unregulated fishing’’ after 

21 ‘‘driftnet fishing’’; and 

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

23 to address the offending activities for which a nation 

24 received a negative certification under section 609(d) 

25 or 610(c) of the High Seas Driftnet Fishing MoratoVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
20 

•HR 69 RH

1 rium Protection Act (16 U.S.C. 1826j(d), 1826k(c))’’ 

2 after ‘‘beyond the exclusive economic zone of any na3 tion’’. 

4 (b) DURATION OF NEGATIVE CERTIFICATION EF5 FECTS.—Section 102 of such Act (16 U.S.C. 1826b) is 

6 amended by— 

7 (1) striking ‘‘or illegal, unreported, or unregu8 lated fishing’’; and 

9 (2) inserting ‘‘or effectively addressed the offend10 ing activities for which the nation received a negative 

11 certification under 609(d) or 610(c) of the High Seas 

12 Driftnet Fishing Moratorium Protection Act (16 

13 U.S.C. 1826j(d), 1826k(c))’’ before the period at the 

14 end. 

15 SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS 

16 STOCKS ACT OF 1992. 

17 (a) UNLAWFUL ACTIVITIES.—Section 810 of the North 

18 Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) 

19 is amended— 

20 (1) in paragraph (5), by inserting ‘‘, investiga21 tion,’’ after ‘‘search’’; and 

22 (2) in paragraph (6), by inserting ‘‘, investiga23 tion,’’ after ‘‘search’’. 


smartinez on DSK4TPTVN1PROD with BILLS
21 

•HR 69 RH

1 (b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.— 

2 Section 811 of the Northern Pacific Anadromous Stocks Act 

3 of 1992 (16 U.S.C. 5010) is amended to read as follows: 

4 ‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCE5 MENT. 

6 ‘‘For additional prohibitions relating to this Act and 

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

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

9 1826g).’’. 

10 SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY 

11 ACT OF 1985. 

12 Section 8 of the Pacific Salmon Treaty Act of 1985 

13 (16 U.S.C. 3637) is amended— 

14 (1) in subsection (a)(2)— 

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

16 ‘‘search’’; and 

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

18 ‘‘this Act;’’; 

19 (2) in subsection (a)(3)— 

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

21 ‘‘search’’; and 

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

23 inserting ‘‘paragraph (2);’’; 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
22 

•HR 69 RH

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

2 inserting the following: 

3 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE4 MENT.—For additional prohibitions relating to this Act 

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

6 Seas Driftnet Fishing Moratorium Protection Act (16 

7 U.S.C. 1826g).’’. 

8 SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL 

9 PACIFIC FISHERIES CONVENTION IMPLEMEN10 TATION ACT. 

11 The Western and Central Pacific Fisheries Convention 

12 Implementation Act (title V of Public Law 109–479) is 

13 amended— 

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

15 6905(c)) to read as follows: 

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

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

19 Seas Driftnet Fishing Moratorium Protection Act (16 

20 U.S.C. 1826g).’’; and 

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

22 by striking ‘‘suspension, on’’ and inserting ‘‘suspen23 sion, of’’. 


smartinez on DSK4TPTVN1PROD with BILLS
23 

•HR 69 RH

1 SEC. 106. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT 

2 OF 1988. 

3 The South Pacific Tuna Act of 1988 is amended— 

4 (1) in section 5(a) (16 U.S.C. 973c(a))— 

5 (A) in paragraph (8), by inserting ‘‘, inves6 tigation,’’ after ‘‘search’’; and 

7 (B) in paragraph (10), by inserting ‘‘, in8 vestigation,’’ after ‘‘search’’; and 

9 (2) by striking sections 7 and 8 (16 U.S.C. 973e 

10 and 973f) and inserting the following: 

11 ‘‘SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 

12 ‘‘For additional prohibitions relating to this Act and 

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

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

15 1826g).’’. 

16 SEC. 107. AMENDMENTS TO THE ANTARCTIC MARINE LIV17 ING RESOURCES CONVENTION ACT. 

18 The Antarctic Marine Living Resources Convention 

19 Act of 1984 is amended— 

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

21 (A) in paragraph (3), by striking ‘‘which he 

22 knows, or reasonably should have known, was’’; 

23 (B) in paragraph (4), by inserting ‘‘, inves24 tigation,’’ after ‘‘search’’; and 

25 (C) in paragraph (5), by inserting ‘‘, inves26 tigation,’’ after ‘‘search’’; 


smartinez on DSK4TPTVN1PROD with BILLS
24 

•HR 69 RH

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

2 (A) by inserting ‘‘(a) IN GENERAL.—’’ be3 fore the first sentence; and 

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

5 ‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION

6 MEASURES.— 

7 ‘‘(1) IN GENERAL.—Notwithstanding subsections 

8 (b), (c), and (d) of section 553 of title 5, United 

9 States Code, the Secretary of Commerce may publish 

10 in the Federal Register a final regulation to imple11 ment any conservation measure for which the Sec12 retary of State notifies the Commission under section 

13 305(a)(1)— 

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

15 or less; 

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

17 and 

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

19 State does not notify Commission in accordance 

20 with section 305(a)(1) within the time period al21 lotted for objections under Article IX of the Con22 vention. 

23 ‘‘(2) ENTERING INTO FORCE.—Upon publication 

24 of such regulation in the Federal Register, such conVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
25 

•HR 69 RH

1 servation measure shall enter into force with respect 

2 to the United States.’’; and 

3 (3) by striking sections 308 and 309 (16 U.S.C. 

4 2437 and 2438) and inserting the following: 

5 ‘‘SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCE6 MENT. 

7 ‘‘For additional prohibitions relating to this Act and 

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

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

10 1826g).’’. 

11 SEC. 108. AMENDMENTS TO THE ATLANTIC TUNAS CONVEN12 TION ACT. 

13 The Atlantic Tunas Convention Act of 1975 is amend14 ed— 

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

16 971d(c)(2)(2))— 

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

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

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

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

21 ‘‘(B) Notwithstanding the requirements of subpara22 graph (A) and subsections (b) and (c) of section 553 of title 

23 5, United States Code, the Secretary may issue final regula24 tions to implement Commission recommendations referred 


smartinez on DSK4TPTVN1PROD with BILLS
26 

•HR 69 RH

1 to in paragraph (1) concerning trade restrictive measures 

2 against nations or fishing entities.’’; 

3 (2) in section 7 (16 U.S.C. 971e) by striking sub4 sections (e) and (f) and redesignating subsection (g) 

5 as subsection (e); 

6 (3) in section 8 (16 U.S.C. 971f)— 

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

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

9 following: 

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

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

12 Seas Driftnet Fishing Moratorium Protection Act (16 

13 U.S.C. 1826g).’’; 

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

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

16 place it appears and inserting ‘‘enforcement activities 

17 with respect to this Act that are otherwise authorized 

18 by law’’; and 

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

20 redesignating sections 12 and 13 as sections 11 and 

21 12, respectively. 


smartinez on DSK4TPTVN1PROD with BILLS
27 

•HR 69 RH

1 SEC. 109. AMENDMENTS TO THE HIGH SEAS FISHING COM2 PLIANCE ACT OF 1965. 

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

4 Act of 1995 (16 U.S.C. 5503(f)) is amended to read as fol5 lows: 

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

7 a vessel is void if— 

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

9 for the vessel to fish is expired, revoked, or suspended; 

10 or 

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

12 laws of the United States or eligible for such docu13 mentation.’’. 

14 SEC. 110. AMENDMENTS TO THE DOLPHIN PROTECTION 

15 CONSUMER INFORMATION ACT. 

16 The Dolphin Protection Consumer Information Act 

17 (16 U.S.C. 1385) is amended by amending subsection (e) 

18 to read as follows: 

19 ‘‘(e) ADDITIONAL PROHIBITIONS AND ENFORCE20 MENT.—For additional prohibitions relating to this Act 

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

22 Seas Driftnet Fishing Moratorium Protection Act (16 

23 U.S.C. 1826g).’’. 


smartinez on DSK4TPTVN1PROD with BILLS
28 

•HR 69 RH

1 SEC. 111. AMENDMENTS TO THE NORTHERN PACIFIC HAL2 IBUT ACT OF 1982. 

3 Section 7 of the Northern Pacific Halibut Act of 1982 

4 (16 U.S.C. 773e) is amended— 

5 (1) in paragraph (a) by redesignating para6 graphs (1) through (6) as subparagraphs (A) through 

7 (F); 

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

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

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

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

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

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

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

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

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

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

18 SEC. 112. AMENDMENTS TO THE NORTHWEST ATLANTIC 

19 FISHERIES CONVENTION ACT OF 1995. 

20 Section 207 of the Northwest Atlantic Fisheries Con21 vention Act of 1995 (16 U.S.C. 5606) is amended— 

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

23 PENALTIES’’ and inserting ‘‘AND ENFORCE24 MENT’’; 

25 (2) in subsection (a)(2), by inserting ‘‘, inves26 tigation,’’ before ‘‘or inspection’’; 


smartinez on DSK4TPTVN1PROD with BILLS
29 

•HR 69 RH

1 (3) in subsection (a)(3), by inserting ‘‘, inves2 tigation,’’ before ‘‘or inspection’’; and 

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

4 inserting the following: 

5 ‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCE6 MENT.—For additional prohibitions relating to this Act 

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

8 Seas Driftnet Fishing Moratorium Protection Act (16 

9 U.S.C. 1826g).’’. 

10 SEC. 113. AMENDMENT TO THE MAGNUSON-STEVENS FISH11 ERY CONSERVATION AND MANAGEMENT ACT. 

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

13 Conservation and Management Act (16 U.S.C. 1857(1)(Q)) 

14 is amended by inserting before the semicolon the following: 

15 ‘‘or any treaty or in contravention of any binding conserva16 tion measure adopted by an international agreement or or17 ganization to which the United States is a party’’. 

18 TITLE II—IMPLEMENTATION OF 

19 THE ANTIGUA CONVENTION 

20 SEC. 201. SHORT TITLE. 

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

22 Implementing Act of 2011’’. 


smartinez on DSK4TPTVN1PROD with BILLS
30 

•HR 69 RH

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

2 1950. 

3 Except as otherwise expressly provided, whenever in 

4 this title an amendment or repeal is expressed in terms of 

5 an amendment to, or repeal of, a section or other provision, 

6 the reference shall be considered to be made to a section or 

7 other provision of the Tuna Conventions Act of 1950 (16 

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

9 SEC. 203. DEFINITIONS. 

10 Section 2 (16 U.S.C. 951) is amended to read as fol11 lows: 

12 ‘‘SEC. 2. DEFINITIONS. 

13 ‘‘In this Act: 

14 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Antigua 

15 Convention’ means the Convention for the Strength16 ening of the Inter-American Tropical Tuna Commis17 sion Established by the 1949 Convention Between the 

18 United States of America and the Republic of Costa 

19 Rica, signed at Washington, November 14, 2003. 

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

21 means the Inter-American Tropical Tuna Commis22 sion provided for by the Convention. 

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

24 means— 

25 ‘‘(A) the Convention for the Establishment 

26 of an Inter-American Tropical Tuna CommisVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
31 

•HR 69 RH

1 sion, signed at Washington, May 31, 1949, by 

2 the United States of America and the Republic 

3 of Costa Rica; 

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

5 entry into force for the United States, and any 

6 amendments thereto that are in force for the 

7 United States; or 

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

9 requires. 

10 ‘‘(4) PERSON.—The term ‘person’ means an in11 dividual, partnership, corporation, or association sub12 ject to the jurisdiction of the United States. 

13 ‘‘(5) UNITED STATES.—The term ‘United States’ 

14 includes all areas under the sovereignty of the United 

15 States. 

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

17 term ‘United States commissioners’ means the indi18 viduals appointed in accordance with section 3(a).’’. 

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

20 QUALIFICATIONS. 

21 Section 3 (16 U.S.C. 952) is amended to read as fol22 lows: 

23 ‘‘SEC. 3. COMMISSIONERS. 

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

25 represented on the Commission by 4 United States CommisVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
32 

•HR 69 RH

1 sioners. The President shall appoint individuals to serve on 

2 the Commission at the pleasure of the President. In making 

3 the appointments, the President shall select United States 

4 Commissioners from among individuals who are knowledge5 able or experienced concerning highly migratory fish stocks 

6 in the eastern tropical Pacific Ocean, one of whom shall 

7 be an officer or employee of the Department of Commerce. 

8 Not more than 2 United States Commissioners may be ap9 pointed who reside in a State other than a State whose ves10 sels maintain a substantial fishery in the area of the Con11 vention. 

12 ‘‘(b) ALTERNATE COMMISSIONERS.—The Secretary of 

13 State, in consultation with the Secretary, may designate 

14 from time to time and for periods of time deemed appro15 priate Alternate United States Commissioners to the Com16 mission. Any Alternate United States Commissioner may 

17 exercise, at any meeting of the Commission or of the Gen18 eral Advisory Committee or Scientific Advisory Sub19 committee established pursuant to section 4(b), all powers 

20 and duties of a United States Commissioner in the absence 

21 of any United States Commissioner appointed pursuant to 

22 subsection (a) of this section for whatever reason. The num23 ber of such Alternate United States Commissioners that 

24 may be designated for any such meeting shall be limited 

25 to the number of United States Commissioners appointed 


smartinez on DSK4TPTVN1PROD with BILLS
33 

•HR 69 RH

1 pursuant to subsection (a) of this section who will not be 

2 present at such meeting. 

3 ‘‘(c) ADMINISTRATIVE MATTERS.— 

4 ‘‘(1) EMPLOYMENT STATUS.—Individuals serving 

5 as United States Commissioners, other than officers 

6 or employees of the United States Government, shall 

7 not be considered Federal employees except for the 

8 purposes of injury compensation or tort claims liabil9 ity as provided in chapter 81 of title 5, United States 

10 Code, and chapter 171 of title 28, United States Code. 

11 ‘‘(2) COMPENSATION.—The United States Com12 missioners or Alternate Commissioners, although offi13 cers of the United States while so serving, shall re14 ceive no compensation for their services as United 

15 States Commissioners or Alternate Commissioners. 

16 ‘‘(3) TRAVEL EXPENSES.— 

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

18 necessary travel expenses of United States Com19 missioners and Alternate United States Commis20 sioners to meetings of the Inter-American Trop21 ical Tuna Commission and other meetings the 

22 Secretary of State deems necessary to fulfill their 

23 duties, in accordance with the Federal Travel 

24 Regulations and sections 5701, 5702, 5704 


smartinez on DSK4TPTVN1PROD with BILLS
34 

•HR 69 RH

1 through 5708, and 5731 of title 5, United States 

2 Code. 

3 ‘‘(B) The Secretary may reimburse the Sec4 retary of State for amounts expended by the Sec5 retary of State under this subsection.’’. 

6 SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC 

7 ADVISORY SUBCOMMITTEE. 

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

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

10 following: 

11 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

12 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; 

13 COMPENSATION.— 

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

15 the Secretary of State, shall appoint a General 

16 Advisory Committee which shall consist of not 

17 more than 25 individuals who shall be represent18 ative of the various groups concerned with the 

19 fisheries covered by the Convention, including 

20 nongovernmental conservation organizations, 

21 providing to the maximum extent practicable an 

22 equitable balance among such groups. Members 

23 of the General Advisory Committee will be eligi24 ble to participate as members of the United 

25 States delegation to the Commission and its 


smartinez on DSK4TPTVN1PROD with BILLS
35 

•HR 69 RH

1 working groups to the extent the Commission 

2 rules and space for delegations allow. 

3 ‘‘(B) The chair of the Pacific Fishery Man4 agement Council’s Advisory Subpanel for Highly 

5 Migratory Fisheries and the chair of the Western 

6 Pacific Fishery Management Council’s Advisory 

7 Committee shall be ex-officio members of the 

8 General Advisory Committee by virtue of their 

9 positions in those Councils. 

10 ‘‘(C) Each member of the General Advisory 

11 Committee appointed under subparagraph (A) 

12 shall serve for a term of 3 years and is eligible 

13 for reappointment. 

14 ‘‘(D) The General Advisory Committee shall 

15 be invited to attend all non-executive meetings of 

16 the United States delegation and at such meet17 ings shall be given opportunity to examine and 

18 to be heard on all proposed programs of inves19 tigation, reports, recommendations, and regula20 tions of the Commission. 

21 ‘‘(E) The General Advisory Committee shall 

22 determine its organization, and prescribe its 

23 practices and procedures for carrying out its 

24 functions under this title, the Magnuson-Stevens 

25 Fishery Conservation and Management Act (16 


smartinez on DSK4TPTVN1PROD with BILLS
36 

•HR 69 RH

1 U.S.C. 1801 et seq.), and the Convention. The 

2 General Advisory Committee shall publish and 

3 make available to the public a statement of its 

4 organization, practices and procedures. Meetings 

5 of the General Advisory Committee, except when 

6 in executive session, shall be open to the public, 

7 and prior notice of meetings shall be made pub8 lic in timely fashion. The General Advisory 

9 Committee shall not be subject to the Federal Ad10 visory Committee Act (5 U.S.C. App.). 

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

12 and the Secretary of State shall furnish the General 

13 Advisory Committee with relevant information con14 cerning fisheries and international fishery agree15 ments. 

16 ‘‘(3) ADMINISTRATIVE MATTERS.— 

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

18 General Advisory Committee in a timely manner 

19 such administrative and technical support serv20 ices as are necessary for its effective functioning. 

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

22 member of the General Advisory Committee— 

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

24 away from their homes or regular places of 

25 business to attend meetings of the General 


smartinez on DSK4TPTVN1PROD with BILLS
37 

•HR 69 RH

1 Advisory Committee shall be allowed travel 

2 expenses, including per diem in lieu of sub3 sistence, in the same manner as persons em4 ployed intermittently in the Government 

5 service are allowed expenses under section 

6 5703 of title 5, United States Code; and 

7 ‘‘(ii) shall not be considered Federal 

8 employees except for the purposes of injury 

9 compensation or tort claims liability as 

10 provided in chapter 81 of title 5, United 

11 States Code, and chapter 171 of title 28, 

12 United States Code.’’; 

13 (2) by striking so much of subsection (b) as pre14 cedes paragraph (2) and inserting the following: 

15 ‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—(1) The 

16 Secretary, in consultation with the Secretary of State, shall 

17 appoint a Scientific Advisory Subcommittee of not less than 

18 5 nor more than 15 qualified scientists with balanced rep19 resentation from the public and private sectors, including 

20 nongovernmental conservation organizations.’’; and 

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

22 Advisory Subcommittee’’ and inserting ‘‘General Ad23 visory Committee’’. 


smartinez on DSK4TPTVN1PROD with BILLS
38 

•HR 69 RH

1 SEC. 206. RULEMAKING. 

2 Section 6 (16 U.S.C. 955) is amended to read as fol3 lows: 

4 ‘‘SEC. 6. RULEMAKING. 

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

6 with the Secretary of State and, with respect to enforcement 

7 measures, the Secretary of the Department in which the 

8 Coast Guard is operating, may promulgate such regulations 

9 as may be necessary to carry out the United States inter10 national obligations under the Convention and this Act, in11 cluding recommendations and decisions adopted by the 

12 Commission. In cases where the Secretary has discretion in 

13 the implementation of one or more measures adopted by the 

14 Commission that would govern fisheries under the authority 

15 of a Regional Fishery Management Council, the Secretary 

16 may, to the extent practicable within the implementation 

17 schedule of the Convention and any recommendations and 

18 decisions adopted by the Commission, promulgate such reg19 ulations as may be necessary to carry out the United States 

20 international obligations under the Convention and this 

21 Act, in accordance with the procedures established by the 

22 Magnuson-Stevens Fishery Conservation and Management 

23 Act (16 U.S.C. 1801 et seq.). 

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

25 regulations as may be necessary to carry out the United 

26 States international obligations under the Convention and 


smartinez on DSK4TPTVN1PROD with BILLS
39 

•HR 69 RH

1 this Act, applicable to all vessels and persons subject to the 

2 jurisdiction of the United States, including United States 

3 flag vessels wherever they may be operating, on such date 

4 as the Secretary shall prescribe.’’. 

5 SEC. 207. PROHIBITED ACTS. 

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

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

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

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

10 ‘‘(i) ADDITIONAL PROHIBITIONS AND ENFORCE11 MENT.—For prohibitions relating to this Act and enforce12 ment of this Act, see section 606 of the High Seas Driftnet 

13 Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 

14 SEC. 208. ENFORCEMENT. 

15 Section 10 (16 U.S.C. 959) is amended to read as fol16 lows: 

17 ‘‘SEC. 10. ENFORCEMENT. 

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

19 High Seas Driftnet Fishing Moratorium Protection Act (16 

20 U.S.C. 1826g).’’. 

21 SEC. 209. REDUCTION OF BYCATCH. 

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

23 ‘‘vessel’’ and inserting ‘‘vessels’’. 


smartinez on DSK4TPTVN1PROD with BILLS
40 

•HR 69 RH

1 SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

2 ACT OF 1984. 

3 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

5 TITLE III—AGREEMENT ON PORT 

6 STATE MEASURES TO PRE7 VENT, DETER AND ELIMINATE 

8 ILLEGAL, UNREPORTED AND 

9 UNREGULATED FISHING 

10 SEC. 301. SHORT TITLE. 

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

12 Agreement Act of 2014’’. 

13 SEC. 302. PURPOSE. 

14 The purpose of this title is to implement the Agreement 

15 on Port State Measures to Prevent, Deter and Eliminate 

16 Illegal, Unreported and Unregulated Fishing. 

17 SEC. 303. DEFINITIONS. 

18 As used in this title: 

19 (1) The term ‘‘Agreement’’ means the Agreement 

20 on Port State Measures to Prevent, Deter and Elimi21 nate Illegal, Unreported and Unregulated Fishing, 

22 done at the Food and Agriculture Organization of the 

23 United Nations, in Rome, Italy, November 22, 2009, 

24 and signed by the United States November 22, 2009. 

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

26 set out in paragraph 3 of the 2001 FAO International 


smartinez on DSK4TPTVN1PROD with BILLS
41 

•HR 69 RH

1 Plan of Action to Prevent, Deter and Eliminate Ille2 gal, Unreported and Unregulated Fishing. 

3 (3) The term ‘‘listed IUU vessel’’ means a vessel 

4 that is included in a list of vessels having engaged in 

5 IUU fishing or fishing-related activities in support of 

6 IUU fishing that has been adopted by a regional fish7 eries management organization of which the United 

8 States is a member, or a list adopted by a regional 

9 fisheries management organization of which the 

10 United States is not a member if the Secretary deter11 mines the criteria used by that organization to create 

12 the IUU list is comparable to United States criteria 

13 for identifying IUU vessels and activities. 

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

15 Magnuson-Stevens Fishery Conservation and Manage16 ment Act (16 U.S.C. 1801 et seq.). 

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

18 that term has in section 3 of the Magnuson-Stevens 

19 Act (16 U.S.C. 1802). 

20 (6) The term ‘‘RFMO’’ means a regional fish21 eries management organization. 

22 (7) The term ‘‘Secretary’’ means the Secretary of 

23 Commerce or his or her designee. 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
42 

•HR 69 RH

1 for, or intended to be used for, fishing or fishing-re2 lated activities, including container vessels that are 

3 carrying fish that have not been previously landed. 

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

5 crustaceans, and all other forms of marine animal 

6 and plant life other than marine mammals and birds. 

7 (10) The term ‘‘fishing’’— 

8 (A) except as provided in subparagraph 

9 (B), means— 

10 (i) the catching, taking, or harvesting 

11 of fish; 

12 (ii) the attempted catching, taking, or 

13 harvesting of fish; 

14 (iii) any other activity which can rea15 sonably be expected to result in the catch16 ing, taking, or harvesting of fish; or 

17 (iv) any operations at sea in support 

18 of, or in preparation for, any activity de19 scribed in clauses (i) through (iii). 

20 (B) does not include any scientific research 

21 activity that is conducted by a scientific research 

22 vessel. 

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

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

25 promulgate such regulations, in accordance with section 


smartinez on DSK4TPTVN1PROD with BILLS
43 

•HR 69 RH

1 553 of title 5, United States Code, and consistent with the 

2 provisions of this title, as may be necessary to carry out 

3 the purposes of this title to the extent that such regulations 

4 are not already promulgated. 

5 (b) CONSULTATION; UTILIZATION OF EXISTING RE6 PORTING MECHANISMS.—In promulgating regulations, pro7 cedures, and guidance pursuant to subsection (a), the Sec8 retary shall consult with the Secretary of State and the Sec9 retary of the department in which the Coast Guard is oper10 ating. To the maximum extent possible and subject to the 

11 data confidentiality provisions in section 402 of the Magnu12 son-Stevens Fishery Conservation and Management Act (16 

13 U.S.C. 1881a), such procedures shall utilize existing report14 ing mechanisms maintained and operated by the depart15 ment in which the Coast Guard is operating. 

16 (c) PORTS OF ENTRY.—The Secretary, in consultation 

17 with the Secretary of Homeland Security and, when the 

18 Coast Guard is not operating in the Department of Home19 land Security, the Secretary of the department in which 

20 the Coast Guard is operating, may designate and publicize 

21 the ports to which vessels may seek entry. No port may be 

22 designated under this section that has not also been des23 ignated as a port of entry for customs reporting purposes 

24 pursuant to section 1433 of title 19, United States Code, 


smartinez on DSK4TPTVN1PROD with BILLS
44 

•HR 69 RH

1 or that is not specified under an existing international fish2 eries agreement. 

3 (d) NOTIFICATION.—The Secretary shall provide noti4 fication of the denial of port entry or the use of port services 

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

6 of port services for a vessel, the taking of enforcement action 

7 pursuant to section 306 with respect to a vessel, or the re8 sults of any inspection of a vessel conducted pursuant to 

9 this title to the flag nation of the vessel and, as appropriate, 

10 to the nation of which the vessel’s master is a national, rel11 evant coastal nations, RFMOs, the Food and Agriculture 

12 Organization of the United Nations, and other relevant 

13 international organizations. 

14 (e) CONFIRMATION THAT FISH WERE TAKEN IN AC15 CORDANCE WITH CONSERVATION AND MANAGEMENT MEAS16 URES.—The Secretary may request confirmation from the 

17 flag state of a vessel that the fish on board a vessel in a 

18 port subject to the jurisdiction of the United States were 

19 taken in accordance with applicable RFMO conservation 

20 and management measures. 

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

22 (a) SUBMISSION OF INFORMATION REQUIRED UNDER

23 AGREEMENT.—All foreign vessels seeking entry to a port 

24 subject to the jurisdiction of the United States must submit 

25 to the Secretary of the department in which the Coast 


smartinez on DSK4TPTVN1PROD with BILLS
45 

•HR 69 RH

1 Guard is operating information as required under the 

2 Agreement in advance of its arrival in port. 

3 (b) DECISION TO AUTHORIZE OR DENY PORT

4 ENTRY.—The Secretary shall decide, based on the informa5 tion submitted under subsection (a), whether to authorize 

6 or deny port entry and shall communicate this decision to 

7 the foreign vessel or to its representative. The Secretary may 

8 deny entry to— 

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

10 (2) any foreign vessel the Secretary has reason11 able grounds to believe has engaged in IUU fishing or 

12 fishing-related activities in support of such fishing or 

13 has violated the Act. 

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

15 in a port subject to the jurisdiction of the United States, 

16 the Secretary shall deny such vessel the use of the port for 

17 landing, transshipment, packaging and processing of fish, 

18 refueling, resupplying, maintenance and drydocking, if— 

19 (1) the vessel entered without authorization 

20 under subsection (b); 

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

22 (3) the flag nation of the vessel has failed to pro23 vide confirmation requested by the Secretary that the 

24 fish on board were taken in accordance with applicaVerDate Sep 11 2014 01:09 Dec 24, 2014 Jkt 049200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6203 E:\BILLS\H69.RH H69

smartinez on DSK4TPTVN1PROD with BILLS
46 

•HR 69 RH

1 ble RFMO conservation and management measures; 

2 or 

3 (4) the Secretary has reasonable grounds to be4 lieve— 

5 (A) the vessel lacks valid authorizations to 

6 engage in fishing or fishing-related activities as 

7 required by its flag nation or the relevant coastal 

8 nation; 

9 (B) the fish on board were taken in viola10 tion of foreign law or in contravention of any 

11 RFMO conservation and management measure; 

12 or 

13 (C) the vessel has engaged in IUU fishing or 

14 fishing-related activities in support of such fish15 ing, including in support of a listed IUU vessel, 

16 unless it can establish that— 

17 (i) it was acting in a manner con18 sistent with applicable RFMO conservation 

19 and management measures; or 

20 (ii) in the case of the provision of per21 sonnel, fuel, gear, and other supplies at sea, 

22 the vessel provisioned was not, at the time 

23 of provisioning, a listed IUU vessel. 


smartinez on DSK4TPTVN1PROD with BILLS
47 

•HR 69 RH

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

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

3 port services— 

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

5 the crew or safety of the vessel; 

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

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

10 SEC. 306. INSPECTIONS. 

11 The Secretary, and the Secretary of the department in 

12 which the Coast Guard is operating, shall conduct foreign 

13 vessel inspections in ports subject to the jurisdiction of the 

14 United States as necessary to achieve the purposes of the 

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

16 Secretary has reasonable grounds to believe that a foreign 

17 vessel has engaged in IUU fishing or fishing-related activi18 ties in support of such fishing, the Secretary may take en19 forcement action under this title or other applicable law, 

20 and shall deny the vessel the use of port services, in accord21 ance with section 305. 

22 SEC. 307. PROHIBITED ACTS. 

23 It is unlawful for any person subject to the jurisdiction 

24 of the United States— 


smartinez on DSK4TPTVN1PROD with BILLS
48 

•HR 69 RH

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

2 regulations issued under this title; 

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

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

5 person’s control in connection with the enforcement of 

6 this title or the regulations issued under this title; 

7 (3) to submit false information pursuant to any 

8 requirement under this title or the regulations issued 

9 under this title; or 

10 (4) to commit any offense enumerated in para11 graph (4), (5), (7) or (9) of section 707(a) of the 

12 Western and Central Pacific Fisheries Convention 

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

14 SEC. 308. ENFORCEMENT. 

15 (a) EXISTING AUTHORITIES AND RESPONSIBIL16 ITIES.—The authorities and responsibilities under sub17 sections (a), (b), and (c) of section 311 and section 308(f) 

18 of the Magnuson-Stevens Act (16 U.S.C. 1861, 1858(f)) shall 

19 apply with respect to enforcement of this title. 

20 (b) CIVIL ENFORCEMENT.— 

21 (1) CIVIL ADMINISTRATIVE PENALTIES.— 

22 (A) IN GENERAL.—Any person who is found 

23 by the Secretary (after notice and opportunity 

24 for a hearing in accordance with section 554 of 

25 title 5, United States Code) to have committed 


smartinez on DSK4TPTVN1PROD with BILLS
49 

•HR 69 RH

1 an act prohibited under section 307 shall be lia2 ble to the United States for a civil penalty. The 

3 amount of the civil penalty shall be consistent 

4 with the amount under section 308(a) of the 

5 Magnuson-Stevens Act (16 U.S.C. 1858(a)). 

6 (B) COMPROMISE OR OTHER ACTION BY

7 SECRETARY.—The Secretary shall have the same 

8 authority as provided in section 308(e) of the 

9 Magnuson-Stevens Act (16 U.S.C. 1858(e)) with 

10 respect to a violation of this Act. 

11 (2) IN REM JURISDICTION.—For purposes of this 

12 title, the conditions for in rem liability shall be con13 sistent with section 308(d) of the Magnuson-Stevens 

14 Act (16 U.S.C. 1858(d)). 

15 (3) ACTION UPON FAILURE TO PAY ASSESS16 MENT.—If any person fails to pay an assessment of 

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

18 final and unappealable order, or after the appro19 priate court has entered final judgment in favor of the 

20 Secretary, the Secretary shall refer the matter to the 

21 Attorney General, who shall recover the amount as22 sessed in any appropriate district court of the United 

23 States. In such action, the validity and appropriate24 ness of the final order imposing the civil penalty shall 

25 not be subject to review. 


smartinez on DSK4TPTVN1PROD with BILLS
50 

•HR 69 RH

1 (c) FORFEITURE.— 

2 (1) IN GENERAL.—The forfeiture provisions of 

3 section 310 of the Magnuson-Stevens Act (16 U.S.C. 

4 1860) shall apply in cases in which a person is con5 victed of an offense in violation of section 309. 

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

7 provisions of law relating to seizure, summary judg8 ment, and judicial forfeiture and condemnation for 

9 violation of the customs laws, the disposition of the 

10 property forfeited or condemned or the proceeds from 

11 the sale thereof, the remission or mitigation of such 

12 forfeitures, and the compromise of claims shall apply 

13 to seizures and forfeitures incurred, or alleged to have 

14 been incurred, under the provisions of this title, inso15 far as applicable and not inconsistent with the provi16 sions hereof. For seizures and forfeitures of property 

17 under this section by the Secretary, such duties as are 

18 imposed upon the customs officer or any other person 

19 with respect to the seizure and forfeiture of property 

20 under the customs law may be performed by such offi21 cers as are designated by the Secretary or, upon re22 quest of the Secretary, by any other agency that has 

23 authority to manage and dispose of seized property. 

24 (3) PRESUMPTION.—For the purposes of this sec25 tion there is a rebuttable presumption that all fish, or 


smartinez on DSK4TPTVN1PROD with BILLS
51 

•HR 69 RH

1 components thereof, found on board a vessel that is 

2 used or seized in connection with a violation of this 

3 title (including any regulation promulgated under 

4 this Act) were taken, obtained, or retained as a result 

5 of IUU fishing or fishing-related activities in support 

6 of IUU fishing. 

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

8 than a foreign government agency, or entity wholly owned 

9 by a foreign government) who knowingly commits an act 

10 prohibited by section 309 shall be subject to subsections (b) 

11 and (c) of section 309 of the Magnuson-Stevens Act (16 

12 U.S.C. 1859). 

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

14 COSTS.—Any person assessed a civil penalty for, or con15 victed of, any violation of this title (including any regula16 tion promulgated under this title) and any claimant in a 

17 forfeiture action brought for such a violation, shall be liable 

18 for the reasonable costs incurred by the Secretary in storage, 

19 care, and maintenance of any property seized in connection 

20 with the violation. 

21 SEC. 309. INTERNATIONAL COOPERATION AND ASSIST22 ANCE. 

23 (a) ASSISTANCE TO DEVELOPING NATIONS AND INTER24 NATIONAL ORGANIZATIONS.—Consistent with existing au25 thority and the availability of funds, the Secretary shall 


smartinez on DSK4TPTVN1PROD with BILLS
52 

•HR 69 RH

1 provide appropriate assistance to developing nations and 

2 international organizations of which such nations are mem3 bers to assist those nations in meeting their obligations 

4 under the Agreement. 

5 (b) PERSONNEL, SERVICES, EQUIPMENT, AND FACILI6 TIES.—In carrying out subsection (a), the Secretary may, 

7 by agreement, on a reimbursable or nonreimbursable basis, 

8 utilize the personnel, services, equipment, and facilities of 

9 any Federal, State, local, or foreign government or any en10 tity of any such government. 

11 SEC. 310. RELATIONSHIP TO OTHER LAWS. 

12 (a) IN GENERAL.—Nothing in this title shall be con13 strued to displace any requirements imposed by the customs 

14 laws of the United States or any other laws or regulations 

15 enforced or administered by the Secretary of Homeland Se16 curity. Where more stringent requirements regarding port 

17 entry or access to port services exist under other Federal 

18 law, those more stringent requirements shall apply. Nothing 

19 in this title shall affect a vessel’s entry into port, in accord20 ance with international law, for reasons of force majeure 

21 or distress. 

22 (b) UNITED STATES OBLIGATIONS UNDER INTER23 NATIONAL LAW.—This title shall be interpreted and applied 

24 in accordance with United States obligations under inter25 national law. 


smartinez on DSK4TPTVN1PROD with BILLS

smartinez on DSK4TPTVN1PROD with BILLS
Union Calendar No. 516 

113TH CONGRESS 

2D SESSION H. R. 69 

[Report No. 113–685] 

A BILL 

To strengthen enforcement mechanisms to stop illepurposes. plement the Antigua Convention, and for other amend the Tuna Conventions Act of 1950 to im- gal, unreported, and unregulated fishing, to 

DECEMBER 22, 2014 

Reported with an amendment, committed to the Comand ordered to be printed mittee of the Whole House on the State of the Union, 


smartinez on DSK4TPTVN1PROD with BILLS