II 

113TH CONGRESS 

1ST SESSION S. 269 

To establish uniform administrative and enforcement authorities for the enforcement of the High Seas Driftnet Fishing Moratorium Protection 

Act and similar statutes, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 11, 2013 

Mr. ROCKEFELLER (for himself, Mr. BEGICH, Ms. MURKOWSKI, Mr. SCHATZ, 

MS. CANTWELL, Mr. WHITEHOUSE, Mr. WYDEN, MS. HIRONO, Mr. 

MERKLEY, and Mr. NELSON) introduced the following bill; which was 

read twice and referred to the Committee on Commerce, Science, and 

Transportation 

A BILL 

To establish uniform administrative and enforcement authorities for the enforcement of the High Seas Driftnet Fishing Moratorium Protection Act and similar statutes, and 

for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘International Fisheries Stewardship and Enforcement 

6 Act’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents of 

2 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADMINISTRATION AND ENFORCEMENT OF CERTAIN 

FISHERY AND RELATED STATUTES 

Sec. 101. Authority of the Secretary of Commerce to enforce statutes. 

Sec. 102. Conforming, minor, and technical amendments. 

Sec. 103. Illegal, unreported, or unregulated fishing. 

Sec. 104. Liability. 

TITLE II—LAW ENFORCEMENT AND INTERNATIONAL 

OPERATIONS 

Sec. 201. International fisheries enforcement. 

Sec. 202. International cooperation and assistance. 

TITLE III—MISCELLANEOUS AMENDMENTS 

Sec. 301. Atlantic Tunas Convention Act of 1975. 

Sec. 302. Data sharing. 

Sec. 303. Permits under the High Seas Fishing Compliance Act of 1995. 

Sec. 304. Committee on scientific cooperation for Pacific salmon agreement. 

TITLE IV—IMPLEMENTATION OF THE ANTIGUA CONVENTION 

Sec. 401. Short title; references to the Tuna Conventions Act of 1950. 

Sec. 402. Definitions. 

Sec. 403. Commissioners; number, appointment, and qualifications. 

Sec. 404. General advisory committee and scientific advisory subcommittee. 

Sec. 405. Rulemaking. 

Sec. 406. Prohibited acts. 

Sec. 407. Enforcement. 

Sec. 408. Reduction of bycatch. 

Sec. 409. Repeal of Eastern Pacific Tuna Licensing Act of 1984. 

3 TITLE I—ADMINISTRATION AND 

4 ENFORCEMENT OF CERTAIN 

5 FISHERY AND RELATED STAT6 UTES 

7 SEC. 101. AUTHORITY OF THE SECRETARY OF COMMERCE 

8 TO ENFORCE STATUTES. 

9 (a) IN GENERAL.— 


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1 (1) ENFORCEMENT.—The Secretary of Com2 merce and the Secretary of the department in which 

3 the Coast Guard is operating shall enforce the Acts 

4 to which this section applies in accordance with the 

5 provisions of this section. 

6 (2) NONDEPARTMENTAL RESOURCES.—The 

7 Secretary of Commerce may, by agreement, on a re8 imbursable basis or otherwise, utilize the personnel 

9 services, equipment (including aircraft and vessels), 

10 and facilities of any other Federal agency, including 

11 all elements of the Department of Defense, and of 

12 any State agency, in carrying out this section. 

13 (3) APPLICATION.—This section applies to— 

14 (A) the High Seas Driftnet Fishing Mora15 torium Protection Act (16 U.S.C. 1826d et 

16 seq.); 

17 (B) the Pacific Salmon Treaty Act of 1985 

18 (16 U.S.C. 3631 et seq.); 

19 (C) the Dolphin Protection Consumer In20 formation Act (16 U.S.C. 1385); 

21 (D) the Tuna Conventions Act of 1950 (16 

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

23 (E) the North Pacific Anadromous Stocks 

24 Act of 1992 (16 U.S.C. 5001 et seq.); 


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1 (F) the South Pacific Tuna Act of 1988 

2 (16 U.S.C. 973 et seq.); 

3 (G) the Antarctic Marine Living Resources 

4 Convention Act of 1984 (16 U.S.C. 2431 et 

5 seq.); 

6 (H) the Atlantic Tunas Convention Act of 

7 1975 (16 U.S.C. 971 et seq.); 

8 (I) the Northwest Atlantic Fisheries Con9 vention Act of 1995 (16 U.S.C. 5601 et seq.); 

10 (J) the Western and Central Pacific Fish11 eries Convention Implementation Act (16 

12 U.S.C. 6901 et seq.); 

13 (K) the Northern Pacific Halibut Act of 

14 1982 (16 U.S.C. 773 et seq.); 

15 (L) the Antigua Convention Implementing 

16 Act of 2013; and 

17 (M) any other Act in pari materia, so des18 ignated by the Secretary after notice and an op19 portunity for a hearing. 

20 (b) ADMINISTRATION AND ENFORCEMENT.—The 

21 Secretary of Commerce shall prevent any person from vio22 lating any Act to which this section applies in the same 

23 manner, by the same means, and with the same jurisdic24 tion, powers, and duties as though sections 308 through 

25 311 of the Magnuson-Stevens Fishery Conservation and 


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1 Management Act (16 U.S.C. 1858 through 1861) were in2 corporated into and made a part of each such Act. Except 

3 as provided in subsection (c), any person that violates any 

4 Act to which this section applies shall be subject to the 

5 penalties, and entitled to the privileges and immunities, 

6 provided in the Magnuson-Stevens Fishery Conservation 

7 and Management Act (16 U.S.C. 1801 et seq.) in the same 

8 manner and by the same means as though sections 308 

9 through 311 of that Act (16 U.S.C. 1858 through 1861) 

10 were incorporated into and made a part of each such Act. 

11 (c) SPECIAL RULES.— 

12 (1) IN GENERAL.—Notwithstanding the incor13 poration by reference of certain sections of the Mag14 nuson-Stevens Fishery Conservation and Manage15 ment Act under subsection (b), if there is a conflict 

16 between a provision of this subsection and the cor17 responding provision of any section of the Magnu18 son-Stevens Fishery Conservation and Management 

19 Act so incorporated, the provision of this subsection 

20 shall apply. 

21 (2) ADDITIONAL ENFORCEMENT AUTHORITY.— 

22 In addition to the powers of officers authorized pur23 suant to subsection (b), any officer who is author24 ized by the Secretary, or the head of any Federal or 

25 State agency that has entered into an agreement 


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1 with the Secretary under subsection (a) to enforce 

2 the provisions of any Act to which this section ap3 plies may, with the same jurisdiction, powers, and 

4 duties as though section 311 of the Magnuson-Ste5 vens Fishery Conservation and Management Act (16 

6 U.S.C. 1861) were incorporated into and made a 

7 part of each such Act— 

8 (A) search or inspect any facility or con9 veyance used or employed in, or which reason10 ably appears to be used or employed in, the 

11 storage, processing, transport, or trade of fish 

12 or fish products; 

13 (B) inspect records pertaining to the stor14 age, processing, transport, or trade of fish or 

15 fish products; 

16 (C) detain, for a period of up to 14 days, 

17 any shipment of fish or fish product imported 

18 into, landed on, introduced into, exported from, 

19 or transported within the jurisdiction of the 

20 United States, or, if such fish or fish product 

21 is deemed to be perishable, sell and retain the 

22 proceeds therefrom for a period of up to 14 

23 days; 

24 (D) make an arrest, in accordance with 

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1 torney General, for any offense under the laws 

2 of the United States committed in the person’s 

3 presence, or for the commission of any felony 

4 under the laws of the United States, if the per5 son has reasonable grounds to believe that the 

6 person to be arrested has committed or is com7 mitting a felony; 

8 (E) search and seize, in accordance with 

9 any guidelines which may be issued by the At10 torney General; and 

11 (F) execute and serve any subpoena, arrest 

12 warrant, search warrant issued in accordance 

13 with rule 41 of the Federal Rules of Criminal 

14 Procedure, or other warrant or civil or criminal 

15 process issued by any officer or court of com16 petent jurisdiction. 

17 (3) INFORMATION COLLECTION, MAINTENANCE

18 AND USE.— 

19 (A) IN GENERAL.—The Secretary of Com20 merce and the head of each department and 

21 agency providing personnel for the task force 

22 under section 201, to the maximum extent per23 missible under law, shall share all applicable in24 formation, intelligence, and data, related to the 

25 harvest, transportation, or trade of fish and fish 


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1 product for the purposes under section 

2 201(a)(2). 

3 (B) COORDINATION OF DATA.—The Sec4 retary of Commerce, through the task force 

5 under section 201, shall coordinate the collec6 tion, storage, analysis, and dissemination of all 

7 applicable information, intelligence, and data 

8 related to the harvest, transportation, or trade 

9 of fish and fish product collected or maintained 

10 by a member agency of the task force. 

11 (C) CONFIDENTIALITY.—The Secretary of 

12 Commerce, through the task force under section 

13 201, shall ensure the protection and confiden14 tiality required by law for information, intel15 ligence, and data related to the harvest, trans16 portation, or trade of fish and fish product ob17 tained by the task force. 

18 (D) DATA STANDARDIZATION.—The Sec19 retary of Commerce and the head of each de20 partment and agency providing personnel for 

21 the task force, to the maximum extent prac22 ticable, shall develop data standardization for 

23 fisheries related data for each member agency 

24 of the task force under section 201 and with 


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1 international fisheries enforcement databases as 

2 appropriate. 

3 (E) ASSISTANCE FROM INTELLIGENCE

4 COMMUNITY.—Upon request of the Secretary of 

5 Commerce, elements of the intelligence commu6 nity (as defined in section 3(4) of the National 

7 Security Act of 1947 (50 U.S.C. 401a(4))) shall 

8 collect information related to illegal, unre9 ported, or unregulated fishing activity outside 

10 the United States about individuals who are not 

11 United States persons (as defined in section 

12 105A(c)(2) of such Act (50 U.S.C. 403– 

13 5a(c)(2))). Such elements of the intelligence 

14 community shall collect and share such infor15 mation with the Secretary through the task 

16 force under section 201 of this Act for law en17 forcement purposes in order to detect and in18 vestigate illegal, unreported, or unregulated 

19 fishing activities and to carry out the provisions 

20 of this Act. All collection and sharing of infor21 mation shall be in accordance with the National 

22 Security Act of 1947 (50 U.S.C. 401 et seq.). 

23 (F) INFORMATION SHARING.— 

24 (i) IN GENERAL.—Subject to clause 

25 (ii), the Secretary of Commerce, through 


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1 the task force under section 201, shall 

2 have authority to share fisheries-related 

3 data with— 

4 (I) other Federal or State gov5 ernment agencies; 

6 (II) foreign governments; 

7 (III) the Food and Agriculture 

8 Organization formed at Quebec, Can9 ada, on October 16, 1945; or 

10 (IV) the secretariat or equivalent 

11 of an international fisheries manage12 ment organization or arrangement 

13 made pursuant to an international 

14 fishery agreement. 

15 (ii) LIMITATIONS.—An entity listed 

16 under clause (i) may receive data under 

17 this subparagraph if— 

18 (I) the entity has policies and 

19 procedures to safeguard such data 

20 from unintended or unauthorized dis21 closure; and 

22 (II) the exchange of information 

23 is necessary— 

24 (aa) to ensure compliance 

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1 tions) enforced or administered 

2 by the Secretary of Commerce; 

3 (bb) to administer or enforce 

4 treaties to which the United 

5 States is a party; 

6 (cc) to administer or enforce 

7 binding conservation measures 

8 adopted by any international or9 ganization or arrangement to 

10 which the United States is a 

11 party; 

12 (dd) to assist in investiga13 tive, judicial, or administrative 

14 enforcement proceedings in the 

15 United States; or 

16 (ee) to assist in any fisheries 

17 or living marine resource related 

18 law enforcement action under19 taken by a law enforcement agen20 cy of a foreign government, or in 

21 relation to a legal proceeding un22 dertaken by a foreign govern23 ment. 

24 (d) DISTRICT COURT JURISDICTION.—The several 

25 district courts of the United States shall have jurisdiction 


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1 over any actions arising under this section. For the pur2 pose of this section, American Samoa shall be included 

3 within the judicial district of the District Court of the 

4 United States for the District of Hawaii. Each violation 

5 shall be a separate offense and the offense shall be deemed 

6 to have been committed not only in the district where the 

7 violation first occurred, but also in any other district as 

8 authorized by law. Any offenses not committed in any dis9 trict are subject to the venue provisions of section 3238 

10 of title 18, United States Code. 

11 (e) PROHIBITED ACTS.—For purposes of this section 

12 and each Act to which this section applies, it is unlawful 

13 for any person— 

14 (1) to violate any provision of this section or 

15 any Act to which this section applies or any regula16 tion promulgated thereunder; 

17 (2) to refuse to permit any authorized enforce18 ment officer to board, search, or inspect a vessel, 

19 conveyance, or shoreside facility that is subject to 

20 the person’s control for purposes of conducting any 

21 search, investigation, or inspection in connection 

22 with the enforcement of this section or any Act to 

23 which this section applies or any regulation promul24 gated thereunder; 


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1 (3) to forcibly assault, resist, oppose, impede, 

2 intimidate, or interfere with any such authorized of3 ficer in the conduct of any search, investigation, or 

4 inspection described in paragraph (2); 

5 (4) to resist a lawful arrest for any act prohib6 ited by this section or any Act to which this section 

7 applies; 

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

9 means, the apprehension, arrest, or detection of an10 other person, knowing that such person has com11 mitted any act prohibited by this section or any Act 

12 to which this section applies; 

13 (6) to forcibly assault, resist, oppose, impede, 

14 intimidate, sexually harass, bribe, or interfere with 

15 any observer on a vessel under this section or any 

16 Act to which this section applies, or any data col17 lector employed by or under contract to the National 

18 Marine Fisheries Service to carry out responsibilities 

19 under this section or any Act to which this section 

20 applies; 

21 (7) to import, export, transport, sell, receive, 

22 acquire, or purchase in interstate or foreign com23 merce any fish or fish product taken, possessed, 

24 transported, or sold in violation of any treaty or 

25 binding conservation measure adopted pursuant to 


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1 an international agreement or organization to which 

2 the United States is a party; or 

3 (8) to make or submit any false record, ac4 count, or label for, or any false identification of, any 

5 fish or fish product (including false identification of 

6 the species, harvesting vessel or nation, or the loca7 tion where harvested) which has been, or is intended 

8 to be imported, exported, transported, sold, offered 

9 for sale, purchased, or received in interstate or for10 eign commerce. 

11 (f) REGULATIONS.—The Secretary of Commerce may 

12 promulgate such regulations, in accordance with section 

13 553 of title 5, United States Code, as may be necessary 

14 to carry out this section or any Act to which this section 

15 applies. 

16 SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMEND17 MENTS. 

18 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

19 PROTECTION ACT.— 

20 (1) Section 606 of the High Seas Driftnet Fish21 ing Moratorium Protection Act (16 U.S.C. 1826g) is 

22 amended— 

23 (A) by inserting ‘‘(a) DETECTING, MONI24 TORING, AND PREVENTING VIOLATIONS.—’’ be25 fore ‘‘The President’’; and 


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

2 ‘‘(b) ENFORCEMENT.—This Act shall be enforced 

3 under section 101 of the International Fisheries Steward4 ship and Enforcement Act.’’. 

5 (2) Section 607(2) of the High Seas Driftnet 

6 Fishing Moratorium Protection Act (16 U.S.C. 

7 1826h(2)) is amended by striking ‘‘whose vessels’’ 

8 and inserting ‘‘that’’. 

9 (3) Section 609(a) of the High Seas Driftnet 

10 Fishing Moratorium Protection Act (16 U.S.C. 

11 1826j(a)) is amended to read as follows: 

12 ‘‘(a) IDENTIFICATION.— 

13 ‘‘(1) IN GENERAL.—The Secretary shall iden14 tify, and list in the report under section 607, a na15 tion if that nation is engaged, or has been engaged 

16 at any time during the preceding 3 years, in illegal, 

17 unreported, or unregulated fishing and— 

18 ‘‘(A) such fishing undermines the effective19 ness of measures required under the relevant 

20 international fishery management organization; 

21 ‘‘(B) the relevant international fishery 

22 management organization has failed to imple23 ment effective measures to end the illegal, unre24 ported, or unregulated fishing activity by ves25 sels of that nation, or the nation is not a party 


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1 to, or does not maintain cooperating status 

2 with, such organization; or 

3 ‘‘(C) there is no international fishery man4 agement organization with a mandate to regu5 late the fishing activity in question. 

6 ‘‘(2) OTHER IDENTIFYING ACTIVITIES.—The 

7 Secretary shall also identify, and list in the report 

8 under section 607, a nation if— 

9 ‘‘(A) it is violating, or has violated at any 

10 time during the preceding 3 years, conservation 

11 and management measures required under an 

12 international fishery management agreement to 

13 which the United States is a party and the vio14 lations undermine the effectiveness of such 

15 measures, taking into account the factors de16 scribed in paragraph (1); or 

17 ‘‘(B) it is failing, or has failed at any time 

18 during the preceding 3 years, to effectively ad19 dress or regulate illegal, unreported, or unregu20 lated fishing. 

21 ‘‘(3) TREATMENT OF CERTAIN ENTITIES AS IF

22 THEY WERE NATIONS.—Where the provisions of this 

23 Act apply to the act, or failure to act, of a nation, 

24 they shall also be applicable, as appropriate, to any 


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1 other entity that is competent to enter into an inter2 national fishery management agreement.’’. 

3 (4) Section 609(d)(1) of the High Seas Driftnet 

4 Fishing Moratorium Protection Act (16 U.S.C. 

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

6 vessels’’ each place it appears. 

7 (5) Section 609(d)(2) of the High Seas Driftnet 

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

9 1826j(d)(2)) is amended— 

10 (A) by striking ‘‘procedure for certifi11 cation,’’ and inserting ‘‘procedure,’’; 

12 (B) by striking ‘‘basis of fish’’ and insert13 ing ‘‘basis, for allowing importation of fish’’; 

14 and 

15 (C) by striking ‘‘harvesting nation not cer16 tified under paragraph (1)’’ and inserting ‘‘na17 tion issued a negative certification under para18 graph (1)’’. 

19 (6) Section 610(a)(1) of the High Seas Driftnet 

20 Fishing Moratorium Protection Act (16 U.S.C. 

21 1826k(a)(1)) is amended— 

22 (A) by striking ‘‘calendar year’’ and insert23 ing ‘‘3 years’’; and 

24 (B) by striking ‘‘practices;’’ and inserting 

25 ‘‘practices—’’. 


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1 (b) DOLPHIN PROTECTION CONSUMER INFORMATION

2 ACT.—Section 901 of the Dolphin Protection Consumer 

3 Information Act (16 U.S.C. 1385) is amended— 

4 (1) by adding at the end of subsection (d) the 

5 following: 

6 ‘‘(4) It is a violation of section 101 of the Inter7 national Fisheries Stewardship and Enforcement Act 

8 for any person to assault, resist, oppose, impede, in9 timidate, or interfere with an authorized officer in 

10 the conduct of any search, investigation or inspec11 tion under this Act.’’ and 

12 (2) by amending subsection (e) to read as fol13 lows: 

14 ‘‘(e) ENFORCEMENT.—This Act shall be enforced 

15 under section 101 of the International Fisheries Steward16 ship and Enforcement Act.’’. 

17 (c) NORTH PACIFIC ANADROMOUS STOCKS ACT OF

18 1992.— 

19 (1) UNLAWFUL ACTIVITIES.—Section 810 of 

20 the North Pacific Anadromous Stocks Act of 1992 

21 (16 U.S.C. 5009) is amended— 

22 (A) by striking ‘‘purchases’’ in paragraph 

23 (5) and inserting ‘‘purposes’’; 


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1 (B) by striking ‘‘search or inspection’’ in 

2 paragraph (5) and inserting ‘‘search, investiga3 tion, or inspection’’; and 

4 (C) by striking ‘‘search or inspection’’ in 

5 paragraph (6) and inserting ‘‘search, investiga6 tion, or inspection’’. 

7 (2) ADMINISTRATION AND ENFORCEMENT.— 

8 Section 811 of the North Pacific Anadromous 

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

10 read as follows: 

11 ‘‘SEC. 811. ADMINISTRATION AND ENFORCEMENT. 

12 ‘‘This Act shall be enforced under section 101 of the 

13 International Fisheries Stewardship and Enforcement 

14 Act.’’. 

15 (d) PACIFIC SALMON TREATY ACT OF 1985.— 

16 (1) Section 8 of the Pacific Salmon Treaty Act 

17 of 1985 (16 U.S.C. 3637) is amended— 

18 (A) in subsection (a)— 

19 (i) by striking ‘‘search or inspection’’ 

20 in paragraph (2) and inserting ‘‘search, in21 vestigation, or inspection’’; and 

22 (ii) by striking ‘‘search or inspection’’ 

23 in paragraph (3) and inserting ‘‘search, in24 vestigation, or inspection’’; and 


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1 (B) by striking subsections (b) through (f) 

2 and inserting the following: 

3 ‘‘(b) ADMINISTRATION AND ENFORCEMENT.—This 

4 Act shall be enforced under section 101 of the Inter5 national Fisheries Stewardship and Enforcement Act.’’. 

6 (2) Section 16(d)(2)(A) of the Pacific Salmon 

7 Treaty Act of 1985 (16 U.S.C. 3645(d)(2)(A)) is 

8 amended by striking ‘‘and’’ between ‘‘2002,’’ and 

9 ‘‘2003’’. 

10 (e) SOUTH PACIFIC TUNA ACT OF 1988.— 

11 (1) PROHIBITED ACTS.—Section 5(a) of the 

12 South Pacific Tuna Act of 1988 (16 U.S.C. 973c(a)) 

13 is amended— 

14 (A) by striking ‘‘a search or inspection’’ in 

15 paragraph (8) and inserting ‘‘any search, inves16 tigation, or inspection’’; and 

17 (B) by striking ‘‘a search or inspection’’ in 

18 paragraph (10)(A) and inserting ‘‘any search, 

19 investigation, or inspection’’. 

20 (2) ADMINISTRATION AND ENFORCEMENT.— 

21 The South Pacific Tuna Act of 1988 (16 U.S.C. 973 

22 et seq.) is amended by striking sections 7 and 8 (16 

23 U.S.C. 973e and 973f) and inserting the following: 


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1 ‘‘SEC. 7. ADMINISTRATION AND ENFORCEMENT. 

2 ‘‘This Act shall be enforced under section 101 of the 

3 International Fisheries Stewardship and Enforcement 

4 Act.’’. 

5 (f) ANTARCTIC MARINE LIVING RESOURCES CON6 VENTION ACT OF 1984.— 

7 (1) UNLAWFUL ACTIVITIES.—Section 306 of 

8 the Antarctic Marine Living Resources Convention 

9 Act (16 U.S.C. 2435) is amended— 

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

11 he knows, or reasonably should have known, 

12 was’’; 

13 (B) in paragraph (4), by striking ‘‘search 

14 or inspection’’ and inserting ‘‘search, investiga15 tion, or inspection’’; and 

16 (C) in paragraph (5), by striking ‘‘search 

17 or inspection’’ and inserting ‘‘search, investiga18 tion, or inspection’’. 

19 (2) REGULATIONS.—Section 307 of the Ant20 arctic Marine Living Resources Convention Act (16 

21 U.S.C. 2436) is amended by inserting after ‘‘title.’’ 

22 the following: ‘‘Notwithstanding the provisions of 

23 subsections (b), (c), and (d) of section 553 of title 

24 5, United States Code, the Secretary of Commerce 

25 may publish in the Federal Register a final rule to 

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1 tion 305(a) of this Act, that are in effect for 12 

2 months or less, adopted by the Commission, and not 

3 objected to by the United States within the time pe4 riod allotted under Article IX of the Convention. 

5 Upon publication in the Federal Register, such con6 servation measures shall be in force with respect to 

7 the United States.’’. 

8 (3) PENALTIES AND ENFORCEMENT.—The Ant9 arctic Marine Living Resources Convention Act (16 

10 U.S.C. 2431 et seq.) is amended— 

11 (A) by striking sections 308 and 309 (16 

12 U.S.C. 2437 and 2438); and 

13 (B) in section 310 (16 U.S.C. 2439)— 

14 (i) by striking subsections (b), (c), 

15 and (d); 

16 (ii) by redesignating subsection (e) as 

17 subsection (c); and 

18 (iii) by inserting after subsection (a) 

19 the following: 

20 ‘‘(b) ADMINISTRATION AND ENFORCEMENT.—This 

21 title shall be enforced under section 101 of the Inter22 national Fisheries Stewardship and Enforcement Act.’’. 

23 (g) ATLANTIC TUNAS CONVENTION ACT OF 1975.— 


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1 (1) VIOLATIONS.—Section 7 of the Atlantic 

2 Tunas Convention Act of 1975 (16 U.S.C. 971e) is 

3 amended— 

4 (A) by striking subsections (e) and (f); and 

5 (B) by redesignating subsection (g) as sub6 section (e). 

7 (2) ENFORCEMENT.—Section 8 of the Atlantic 

8 Tunas Convention Act of 1975 (16 U.S.C. 971f) is 

9 amended— 

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

11 (B) by striking ‘‘(b) INTERNATIONAL EN12 FORCEMENT.—’’ in subsection (b) and inserting 

13 ‘‘This Act shall be enforced under section 101 

14 of the International Fisheries Stewardship and 

15 Enforcement Act.’’; and 

16 (C) by striking ‘‘shall have the authority to 

17 carry out the enforcement activities specified in 

18 section 8(a) of this Act’’ each place it appears 

19 and inserting ‘‘shall enforce this Act’’. 

20 (h) NORTHWEST ATLANTIC FISHERIES CONVENTION

21 ACT OF 1995.—Section 207 of the Northwest Atlantic 

22 Fisheries Convention Act of 1995 (16 U.S.C. 5606) is 

23 amended— 


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

2 PENALTIES.’’ and inserting ‘‘AND ENFORCE3 MENT.’’; 

4 (2) in subsection (a)— 

5 (A) by striking ‘‘search or inspection’’ in 

6 paragraph (2) and inserting ‘‘search, investiga7 tion, or inspection’’; and 

8 (B) by striking ‘‘search or inspection’’ in 

9 paragraph (3) and inserting ‘‘search, investiga10 tion, or inspection’’; and 

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

12 inserting the following: 

13 ‘‘(b) ADMINISTRATION AND ENFORCEMENT.—This 

14 title shall be enforced under section 101 of the Inter15 national Fisheries Stewardship and Enforcement Act.’’. 

16 (i) WESTERN AND CENTRAL PACIFIC FISHERIES

17 CONVENTION IMPLEMENTATION ACT.— 

18 (1) ADMINISTRATION AND ENFORCEMENT.— 

19 Section 506(c) of the Western and Central Pacific 

20 Fisheries Convention Implementation Act (16 U.S.C. 

21 6905(c)) is amended to read as follows: 

22 ‘‘(c) ADMINISTRATION AND ENFORCEMENT.—This 

23 title shall be enforced under section 101 of the Inter24 national Fisheries Stewardship and Enforcement Act.’’. 


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1 (2) PROHIBITED ACTS.—Section 507(a)(2) of 

2 the Western and Central Pacific Fisheries Conven3 tion Implementation Act (16 U.S.C. 6906(a)(2)) is 

4 amended by striking ‘‘suspension, on’’ and inserting 

5 ‘‘suspension of’’. 

6 (j) NORTHERN PACIFIC HALIBUT ACT OF 1982.— 

7 (1) PROHIBITED ACTS.—Section 7 of the 

8 Northern Pacific Halibut Act of 1982 (16 U.S.C. 

9 773e) is amended— 

10 (A) by redesignating paragraphs (1) 

11 through (6) of subsection (a), as subparagraphs 

12 (A) through (F), respectively; 

13 (B) by redesignating subsections (a) and 

14 (b) as paragraphs (1) and (2), respectively; 

15 (C) in paragraph (1)(B), as redesignated, 

16 by striking ‘‘search or inspection’’ and inserting 

17 ‘‘search, investigation, or inspection’’; and 

18 (D) in paragraph (1)(C), as redesignated, 

19 by striking ‘‘search or inspection described in 

20 paragraph (2)’’ and inserting ‘‘search, inves21 tigation, or inspection described in subpara22 graph (B)’’. 

23 (2) ADMINISTRATION AND ENFORCEMENT.— 

24 The Northern Pacific Halibut Act of 1982 (16 

25 U.S.C. 773 et seq.) is amended— 


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1 (A) by striking sections 3, 9, and 10 (16 

2 U.S.C. 773f, 773g, and 773h); and 

3 (B) by striking subsections (b) through (f) 

4 of section 11 (16 U.S.C. 773i) and inserting the 

5 following: 

6 ‘‘(b) ADMINISTRATION AND ENFORCEMENT.—This 

7 Act shall be enforced under section 101 of the Inter8 national Fisheries Stewardship and Enforcement Act.’’. 

9 SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISH10 ING. 

11 (a) AMENDMENT OF THE HIGH SEAS DRIFTNET

12 FISHING MORATORIUM PROTECTION ACT.— 

13 (1) Section 608 of the High Seas Driftnet Fish14 ing Moratorium Protection Act (16 U.S.C. 1826i), 

15 as amended by section 302(a) of this Act, is further 

16 amended by adding at the end the following: 

17 ‘‘(c) VESSELS AND VESSEL OWNERS ENGAGED IN IL18 LEGAL, UNREPORTED, OR UNREGULATED FISHING.—The 

19 Secretary may— 

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

21 of vessels and vessel owners engaged in illegal, unre22 ported, or unregulated fishing, including vessels or 

23 vessel owners identified by an international fishery 

24 management organization or arrangement made pur25 suant to an international fishery agreement, whether 


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1 or not the United States is a party to such organiza2 tion or arrangement; 

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

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

8 principles, rights, and obligations established in ap9 plicable international fishery management and trade 

10 agreements; and 

11 ‘‘(3) provide notification to the public of vessels 

12 and vessel owners identified by international fishery 

13 management organizations or arrangements made 

14 pursuant to an international fishery agreement as 

15 having been engaged in illegal, unreported, or un16 regulated fishing, as well as any measures adopted 

17 by such organizations or arrangements to address il18 legal, unreported, or unregulated fishing. 

19 ‘‘(d) RESTRICTIONS ON PORT ACCESS OR USE.—Ac20 tion taken by the Secretary under subsection (c)(2) that 

21 includes measures to restrict use of or access to ports or 

22 port services shall apply to all ports of the United States 

23 and its territories. 

24 ‘‘(e) REGULATIONS.—The Secretary may promulgate 

25 regulations to implement subsections (c) and (d).’’. 


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1 (2) Section 609 of the High Seas Driftnet Fish2 ing Moratorium Protection Act (16 U.S.C. 1826j) is 

3 amended— 

4 (A) in subsection (d)(3)(A)(i), by striking 

5 ‘‘that has not been certified by the Secretary 

6 under this subsection, or’’; and 

7 (B) in subsection (e)(3)— 

8 (i) by striking ‘‘and’’ at the end of 

9 subparagraph (B); 

10 (ii) by striking ‘‘agreement.’’ and in11 serting ‘‘agreement; and’’; and 

12 (iii) by adding at the end the fol13 lowing: 

14 ‘‘(D) to the extent possible— 

15 ‘‘(i) fishing activities conducted in 

16 waters under the jurisdiction of a nation 

17 without permission of that nation; and 

18 ‘‘(ii) fishing activities conducted in 

19 contravention of a nation’s laws (including 

20 regulations), including fishing activity that 

21 has not been reported or that has been 

22 misreported to the relevant national au23 thority of a nation in contravention of that 

24 nation’s laws (including regulations).’’. 


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1 (3) Section 610(c)(5) of the High Seas Driftnet 

2 Fishing Moratorium Protection Act (16 U.S.C. 

3 1826k(c)(5)) is amended by striking ‘‘that has not 

4 been certified by the Secretary under this sub5 section, or’’. 

6 (b) AMENDMENT OF THE HIGH SEAS DRIFTNET

7 FISHERIES ENFORCEMENT ACT.— 

8 (1) Section 101 of the High Seas Driftnet Fish9 eries Enforcement Act (16 U.S.C. 1826a) is amend10 ed— 

11 (A) in subsection (a), by striking para12 graph (2) and inserting the following: 

13 ‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec14 retary of the Treasury shall, in accordance with rec15 ognized principles of international law— 

16 ‘‘(A) withhold or revoke the clearance re17 quired by section 60105 of title 46, United 

18 States Code, for— 

19 ‘‘(i) any large-scale driftnet fishing 

20 vessel that is documented under the law of 

21 the United States or of a nation included 

22 on a list published under paragraph (1); or 

23 ‘‘(ii) any fishing vessel of a nation 

24 that receives a negative certification under 

25 section 609(d) or 610(c) of the High Seas 


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1 Driftnet Fishing Moratorium Protection 

2 Act (16 U.S.C. 1826j(d) or 1826k(c)); and 

3 ‘‘(B) deny entry of that vessel to any place 

4 in the United States and to the navigable 

5 waters of the United States, except for the pur6 pose of inspecting the vessel, conducting an in7 vestigation, or taking other appropriate enforce8 ment action.’’; and 

9 (B) in subsection (b)— 

10 (i) by striking ‘‘or illegal, unreported, 

11 or unregulated fishing’’ each place it ap12 pears in paragraphs (1) and (2); 

13 (ii) by striking paragraph (3)(A) and 

14 inserting the following: 

15 ‘‘(A) PROHIBITION.—The President shall 

16 direct the Secretary of the Treasury to prohibit 

17 the importation into the United States of fish 

18 and fish products and sport fishing equipment 

19 (as that term is defined in section 4162 of the 

20 Internal Revenue Code of 1986 (26 U.S.C. 

21 4162)) from a nation— 

22 ‘‘(i) upon receipt of notification of the 

23 identification of the nation under para24 graph (1)(A); 


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1 ‘‘(ii) if the consultations with the gov2 ernment of the nation under paragraph (2) 

3 are not satisfactorily concluded within 

4 ninety days; or 

5 ‘‘(iii) upon receipt of notification of a 

6 negative certification under section 

7 609(d)(1) or 610(c)(1) of the High Seas 

8 Driftnet Fishing Moratorium Protection 

9 Act (16 U.S.C. 1826j(d)(1) and 

10 1826k(c)(1)).’’; 

11 (iii) by inserting ‘‘or after issuing a 

12 negative certification under section 

13 609(d)(1) or 610(c)(1) of the High Seas 

14 Driftnet Fishing Moratorium Protection 

15 Act (16 U.S.C. 1826j(d)(1) and 

16 1826k(c)(1)),’’ after ‘‘paragraph (1),’’ in 

17 paragraph (4)(A); and 

18 (iv) by striking paragraph (4)(A)(i) 

19 and inserting the following: 

20 ‘‘(i) any prohibition established under 

21 paragraph (3) is insufficient to cause that 

22 nation— 

23 ‘‘(I) to terminate large-scale 

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1 tionals and vessels beyond the exclu2 sive economic zone of any nation; 

3 ‘‘(II) to address illegal, unre4 ported, or unregulated fishing activi5 ties for which a nation has been iden6 tified under section 609 of the High 

7 Seas Driftnet Fishing Moratorium 

8 Protection Act (16 U.S.C. 1826j); or 

9 ‘‘(III) to address bycatch of a 

10 protected living marine resource for 

11 which a nation has been identified 

12 under section 610 of such Act (16 

13 U.S.C. 1826k); or’’. 

14 (2) Section 102 of the High Seas Driftnet Fish15 eries Enforcement Act (16 U.S.C. 1826b) is amend16 ed by striking ‘‘such nation has terminated large17 scale driftnet fishing or illegal, unreported, or un18 regulated fishing by its nationals and vessels beyond 

19 the exclusive economic zone of any nation.’’ and in20 serting ‘‘such nation— 

21 ‘‘(1) has terminated large-scale driftnet fishing 

22 by its nationals and vessels beyond the exclusive eco23 nomic zone of any nation; 

24 ‘‘(2) has addressed illegal, unreported, or un25 regulated fishing activities for which a nation has 


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1 been identified under section 609 of the High Seas 

2 Driftnet Fishing Moratorium Protection Act (16 

3 U.S.C. 1826j); or 

4 ‘‘(3) has addressed bycatch of a protected living 

5 marine resource for which a nation has been identi6 fied under section 610 of the High Seas Driftnet 

7 Fishing Moratorium Protection Act (16 U.S.C. 

8 1826k).’’. 

9 SEC. 104. LIABILITY. 

10 Any claims arising from the actions of any officer, 

11 authorized by the Secretary of Commerce or the Secretary 

12 of the department in which the Coast Guard is operating 

13 to enforce the provisions of this Act or any Act to which 

14 this Act applies, taken pursuant to any scheme for at-sea 

15 boarding and inspection authorized under any inter16 national agreement to which the United States is a party 

17 may be pursued under chapter 171 of title 28, United 

18 States Code, or such other legal authority as may be perti19 nent. 

20 TITLE II—LAW ENFORCEMENT 

21 AND INTERNATIONAL OPER22 ATIONS 

23 SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT. 

24 (a) ESTABLISHMENT OF INTERNATIONAL FISHERIES

25 ENFORCEMENT TASK FORCE.— 


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1 (1) IN GENERAL.—Not later than 12 months 

2 after the date of enactment of this Act, the Sec3 retary of Commerce shall establish, through the Na4 tional Marine Fisheries Service’s international en5 forcement program, an interagency International 

6 Fisheries Enforcement Task Force. 

7 (2) PURPOSES.—The purposes of the task force 

8 shall be— 

9 (A) to detect and investigate illegal, unre10 ported, or unregulated fishing activity and traf11 ficking in the resulting fish or fish product; and 

12 (B) to enforce the provisions of this Act or 

13 any Act to which section 101 applies. 

14 (3) MEMBERSHIP.—The task force shall include 

15 permanent representation from— 

16 (A) the National Marine Fisheries Serv17 ice’s international enforcement program; 

18 (B) the U.S. Coast Guard; 

19 (C) U.S. Customs and Border Protection; 

20 (D) the U.S. Food and Drug Administra21 tion; and 

22 (E) such other Federal agencies as the 

23 Secretary considers appropriate and necessary 

24 to carry out the purposes under paragraph (2). 

25 (b) TASK FORCE ORGANIZATION.— 


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1 (1) STAFFING AND OTHER RESOURCES.—The 

2 Secretary of Commerce and the head of each depart3 ment and agency identified under subsection (a)(3) 

4 shall— 

5 (A) by agreement, on a reimbursable basis 

6 or otherwise, provide permanent representation 

7 to the task force; 

8 (B) by agreement, on a reimbursable basis 

9 or otherwise, share personnel, services, equip10 ment (including aircraft and vessels), and facili11 ties with the task force for the purposes under 

12 subsection (a)(2); and 

13 (C) to the extent possible, and consistent 

14 with other applicable law, extend the authorities 

15 provided under their enabling legislation to the 

16 other departments and agencies participating in 

17 the task force. 

18 (2) BUDGET.—The Secretary of Commerce and 

19 the head of each department and agency providing 

20 personnel for the task force, at their discretion, may 

21 develop interagency plans and budgets and engage in 

22 interagency financing for such purposes. 

23 (3) 5-YEAR STRATEGIC PLAN.—Not later than 

24 180 days after the date on which the task force is 

25 established under subsection (a), the Secretary of 


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1 Commerce shall develop a 5-year strategic plan for 

2 guiding interagency and intergovernmental inter3 national fisheries enforcement efforts to carry out 

4 the provisions of this Act. The Secretary shall up5 date the plan periodically as necessary, but at least 

6 once every 5 years. 

7 (4) COOPERATIVE ACTIVITIES.—The Secretary, 

8 in coordination with the head of each department 

9 and agency providing personnel for the task force— 

10 (A) may conduct one or more joint oper11 ations for the purposes under subsection (a)(2); 

12 (B) shall, to the maximum extent permis13 sible under law, create and participate in com14 mittees or other working groups with other 

15 Federal, State, or local governments, and with 

16 the governments of other nations for the pur17 poses under subsection (a)(2); 

18 (C) may enter into agreements with other 

19 Federal, State, or local governments, and with 

20 the governments of other nations, on a reim21 bursable basis or otherwise, for the purposes 

22 under subsection (a)(2). 

23 (c) POWERS OF AUTHORIZED OFFICERS.—Notwith24 standing any other provision of law, while operating under 

25 an agreement with the Secretary of Commerce entered 


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1 into under section 101, or while conducting a joint oper2 ation under subsection (b)(4) of this section, each author3 ized officer shall have the powers and authority provided 

4 in section 101. 

5 SEC. 202. INTERNATIONAL COOPERATION AND ASSIST6 ANCE. 

7 (a) INTERNATIONAL COOPERATION AND ASSIST8 ANCE.—The Secretary of Commerce may provide inter9 national cooperation and assistance for international ca10 pacity building efforts. 

11 (b) AUTHORIZED ACTIVITIES.—In carrying out this 

12 section, the Secretary may— 

13 (1) provide technical expertise to other nations 

14 to assist them in addressing illegal, unreported, or 

15 unregulated fishing activities; 

16 (2) provide technical expertise to other nations 

17 to assist them in reducing the loss and environ18 mental impacts of derelict fishing gears, reducing 

19 the bycatch of living marine resources, and pro20 moting international marine resource conservation; 

21 (3) provide technical expertise, and training, in 

22 cooperation with the International Fisheries En23 forcement Task Force under section 201 of this Act, 

24 to other nations to aid them in building capacity for 

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1 toring, catch and trade tracking activities, enforce2 ment, and international marine resource conserva3 tion; 

4 (4) establish partnerships with other Federal 

5 agencies, as appropriate, to ensure that fisheries de6 velopment assistance to other nations is directed to7 ward efforts that promote sustainable fisheries; and 

8 (5) conduct outreach and education efforts in 

9 order to promote public and private sector awareness 

10 of international fisheries sustainability issues, in11 cluding the need to combat illegal, unreported, or 

12 unregulated fishing activity and to promote inter13 national marine resource conservation. 

14 (c) GUIDELINES.—The Secretary may establish 

15 guidelines as necessary to implement this section. 

16 TITLE III—MISCELLANEOUS 

17 AMENDMENTS 

18 SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975. 

19 Section 6 of the Atlantic Tunas Convention Act of 

20 1975 (16 U.S.C. 971d(c)(2)) is amended— 

21 (1) by inserting ‘‘(A)’’ after ‘‘(2)’’; 

22 (2) by striking ‘‘(A) submission’’ and inserting 

23 ‘‘the presentation’’; 

24 (3) by striking ‘‘arguments, and (B) oral pres25 entation at a public hearing. Such’’ and inserting 


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1 ‘‘written or oral statements at a public hearing. 

2 After consideration of such presentations, the’’; and 

3 (4) by adding at the end thereof the following: 

4 ‘‘(B) The Secretary may issue final regula5 tions to implement Commission recommenda6 tions referred to in paragraph (1) of this sub7 section concerning trade restrictive measures 

8 against nations or fishing entities without re9 gard to the requirements of subparagraph (A) 

10 of this paragraph and subsections (b) and (c) of 

11 section 553 of title 5, United States Code.’’. 

12 SEC. 302. DATA SHARING. 

13 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

14 PROTECTION ACT.—Section 608 of the High Seas 

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

16 1826i) is amended— 

17 (1) by inserting ‘‘(a) IN GENERAL.—’’ before 

18 ‘‘The Secretary,’’; 

19 (2) by striking ‘‘organizations’’ the first place it 

20 appears and inserting, ‘‘organizations, or arrange21 ments made pursuant to an international fishery 

22 agreement (as defined in section 3(24) of the Mag23 nuson-Stevens Fishery Conservation and Manage24 ment Act (16 U.S.C. 1802(24))),’’; 


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1 (3) by striking ‘‘and’’ after the semicolon in 

2 paragraph (3); 

3 (4) by striking ‘‘territories.’’ in paragraph (4) 

4 and inserting ‘‘territories; and’’; and 

5 (5) by adding at the end thereof the following: 

6 ‘‘(5) urging other nations, through the regional 

7 fishery management organizations of which the 

8 United States is a member, bilaterally and otherwise 

9 to seek and foster the sharing of accurate, relevant, 

10 and timely information— 

11 ‘‘(A) to improve the scientific under12 standing of marine ecosystems; 

13 ‘‘(B) to improve fisheries management de14 cisions; 

15 ‘‘(C) to promote the conservation of pro16 tected living marine resources; 

17 ‘‘(D) to combat illegal, unreported, and un18 regulated fishing; and 

19 ‘‘(E) to improve compliance with conserva20 tion and management measures in international 

21 waters. 

22 ‘‘(b) INFORMATION SHARING.—In carrying out this 

23 section, the Secretary may disclose, as necessary and ap24 propriate, information to the Food and Agriculture Orga25 nization formed at Quebec, Canada, on October 16, 1945, 


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1 international fishery management organizations, or ar2 rangements made pursuant to an international fishery 

3 agreement, if such organizations or arrangements have 

4 policies and procedures to safeguard such information 

5 from unintended or unauthorized disclosure.’’. 

6 (b) CONFORMING AMENDMENT.—Section 402(b)(1) 

7 of the Magnuson-Stevens Fishery Conservation and Man8 agement Act (16 U.S.C. 1881a(b)(1)) is amended— 

9 (1) by striking ‘‘or’’ after the semicolon in sub10 paragraph (G); 

11 (2) by redesignating subparagraph (H) as sub12 paragraph (J); and 

13 (3) by inserting after subparagraph (G) the fol14 lowing: 

15 ‘‘(H) to the Food and Agriculture Organi16 zation formed at Quebec, Canada, on October 

17 16, 1945, international fishery management or18 ganizations, or arrangements made pursuant to 

19 an international fishery agreement as provided 

20 under section 608(b) of the High Seas Driftnet 

21 Fishing Moratorium Protection Act (16 U.S.C. 

22 1826i(b)); 

23 ‘‘(I) to any other Federal or State govern24 ment agency, foreign government, the Food and 

25 Agriculture Organization formed at Quebec, 


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1 Canada, on October 16, 1945, or the secretariat 

2 or equivalent of an international fisheries man3 agement organization or arrangement made 

4 pursuant to an international fishery agreement, 

5 as provided under section 101(c)(9) of the 

6 International Fisheries Stewardship and En7 forcement Act; or’’. 

8 SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COM9 PLIANCE ACT OF 1995. 

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

11 Act (16 U.S.C. 5503(f)) is amended to read as follows: 

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

13 is void if— 

14 ‘‘(1) 1 or more permits or authorizations re15 quired for a vessel to fish, in addition to a permit 

16 issued under this section, expire, are revoked, or are 

17 suspended; or 

18 ‘‘(2) the vessel is no longer eligible for United 

19 States documentation, such documentation is re20 voked or denied, or the vessel is deleted from such 

21 documentation.’’. 

22 SEC. 304. COMMITTEE ON SCIENTIFIC COOPERATION FOR 

23 PACIFIC SALMON AGREEMENT. 

24 Section 11 of the Pacific Salmon Treaty Act of 1985 

25 (16 U.S.C. 3640) is amended— 


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1 (1) by redesignating subsections (c) and (d) as 

2 subsections (d) and (e), respectively; 

3 (2) by inserting after subsection (b) the fol4 lowing: 

5 ‘‘(c) COMPENSATION OF COMMITTEE ON SCIENTIFIC

6 COOPERATION MEMBERS.—Members of the Committee on 

7 Scientific Cooperation who are not State or Federal em8 ployees shall receive compensation at a rate equivalent to 

9 the rate payable for level IV of the Executive Schedule 

10 under section 5315 of title 5, United States Code, when 

11 engaged in actual performance of duties for the Commis12 sion.’’; and 

13 (3) by striking ‘‘71’’ in subsection (e), as redes14 ignated, and inserting ‘‘171’’. 

15 TITLE IV—IMPLEMENTATION OF 

16 THE ANTIGUA CONVENTION 

17 SEC. 401. SHORT TITLE; REFERENCES TO THE TUNA CON18 VENTIONS ACT OF 1950. 

19 (a) SHORT TITLE.—This title may be cited as the 

20 ‘‘Antigua Convention Implementing Act of 2013’’. 

21 (b) REFERENCES TO THE TUNA CONVENTIONS ACT

22 OF 1950.—Except as otherwise expressly provided, when23 ever in this title an amendment or repeal is expressed in 

24 terms of an amendment to, or repeal of, a section or other 

25 provision, the reference shall be considered to be made to 


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1 a section or other provision of the Tuna Conventions Act 

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

3 SEC. 402. DEFINITIONS. 

4 Section 2 (16 U.S.C. 951) is amended to read as fol5 lows: 

6 ‘‘SEC. 2. DEFINITIONS. 

7 ‘‘In this Act: 

8 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Anti9 gua Convention’ means the Convention for the 

10 Strengthening of the Inter-American Tropical Tuna 

11 Commission Established by the 1949 Convention 

12 Between the United States of America and the Re13 public of Costa Rica, signed at Washington, Novem14 ber 14, 2003. 

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

16 means the Inter-American Tropical Tuna Commis17 sion provided for by the Convention. 

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

19 means— 

20 ‘‘(A) the Convention for the Establishment 

21 of an Inter-American Tropical Tuna Commis22 sion, signed at Washington, May 31, 1949, by 

23 the United States of America and the Republic 

24 of Costa Rica; 


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

2 entry into force for the United States, and any 

3 amendments thereto that are in force for the 

4 United States; or 

5 ‘‘(C) both subparagraphs (A) and (B), as 

6 the context requires. 

7 ‘‘(4) IMPORT.—The term ‘import’ means to 

8 land on, bring into, or introduce into, or attempt to 

9 land on, bring into, or introduce into, any place sub10 ject to the jurisdiction of the United States, whether 

11 or not such landing, bringing, or introduction con12 stitutes an importation within the meaning of the 

13 customs laws of the United States. 

14 ‘‘(5) PERSON.—The term ‘person’ means an in15 dividual, partnership, corporation, or association 

16 subject to the jurisdiction of the United States. 

17 ‘‘(6) UNITED STATES.—The term ‘United 

18 States’ includes all areas under the sovereignty of 

19 the United States. 

20 ‘‘(7) UNITED STATES COMMISSIONERS.—The 

21 term ‘United States Commissioners’ means the 

22 members of the Commission. 

23 ‘‘(8) UNITED STATES SECTION.—The term 

24 ‘United States Section’ means the United States 


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1 Commissioners to the Commission and a designee of 

2 the Secretary of State.’’. 

3 SEC. 403. COMMISSIONERS; NUMBER, APPOINTMENT, AND 

4 QUALIFICATIONS. 

5 Section 3 (16 U.S.C. 952) is amended to read as fol6 lows: 

7 ‘‘SEC. 3. COMMISSIONERS. 

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

9 represented on the Commission by 5 United States Com10 missioners. The President shall appoint individuals to 

11 serve on the Commission at the pleasure of the President. 

12 In making the appointments, the President shall select 

13 Commissioners from among individuals who are knowl14 edgeable or experienced concerning highly migratory fish 

15 stocks in the eastern tropical Pacific Ocean, 1 of which 

16 shall be an officer or employee of the Department of Com17 merce, 1 of which shall be the chairman or a member of 

18 the Western Pacific Fishery Management Council, and 1 

19 of which shall be the chairman or a member of the Pacific 

20 Fishery Management Council. Not more than 2 Commis21 sioners may be appointed who reside in a State other than 

22 a State whose vessels maintain a substantial fishery in the 

23 area of the Convention. 

24 ‘‘(b) ALTERNATE UNITED STATES COMMIS25 SIONERS.—The Secretary of State, in consultation with 


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1 the Secretary, may designate from time to time and for 

2 periods of time deemed appropriate Alternate United 

3 States Commissioners to the Commission. Any Alternate 

4 United States Commissioner may exercise, at any meeting 

5 of the Commission or of the General Advisory Committee 

6 or Scientific Advisory Subcommittee established pursuant 

7 to section 4(b), all powers and duties of a United States 

8 Commissioner in the absence of any Commissioner ap9 pointed pursuant to subsection (a) of this section for what10 ever reason. The number of such Alternate United States 

11 Commissioners that may be designated for any such meet12 ing shall be limited to the number of United States Com13 missioners appointed pursuant to subsection (a) of this 

14 section who will not be present at such meeting. 

15 ‘‘(c) ADMINISTRATIVE MATTERS.— 

16 ‘‘(1) EMPLOYMENT STATUS.—Individuals serv17 ing as such Commissioners, other than officers or 

18 employees of the United States Government, shall 

19 not be considered Federal employees except for the 

20 purposes of injury compensation or tort claims liabil21 ity as provided in chapter 81 of title 5, United 

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

23 States Code. 

24 ‘‘(2) COMPENSATION.—The United States Com25 missioners or Alternate United States CommisVerDate Mar 15 2010 00:42 Feb 20, 2013 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\S269.IS S269

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1 sioners, although officers of the United States while 

2 so serving, shall receive no compensation for their 

3 services as such United States Commissioners or Al4 ternate United States Commissioners. 

5 ‘‘(3) TRAVEL EXPENSES.— 

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

7 necessary travel expenses of United States 

8 Commissioners and Alternate United States 

9 Commissioners to meetings of the Commission 

10 and other meetings the Secretary deems nec11 essary to fulfill their duties, in accordance with 

12 the Federal Travel Regulations and sections 

13 5701, 5702, 5704 through 5708, and 5731 of 

14 title 5, United States Code. 

15 ‘‘(B) The Secretary may reimburse the 

16 Secretary of State for amounts expended by the 

17 Secretary of State under this subsection.’’. 

18 SEC. 404. GENERAL ADVISORY COMMITTEE AND SCI19 ENTIFIC ADVISORY SUBCOMMITTEE. 

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

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

22 following: 

23 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

24 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPA25 TION.— 


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1 ‘‘(A) APPOINTMENTS.—The Secretary, in 

2 consultation with the Secretary of State, shall 

3 appoint a General Advisory Committee which 

4 shall consist of not more than 25 individuals 

5 who shall be representative of the various 

6 groups concerned with the fisheries covered by 

7 the Convention, including nongovernmental con8 servation organizations, providing to the max9 imum extent practicable an equitable balance 

10 among such groups. Members of the General 

11 Advisory Committee will be eligible to partici12 pate as members of the U.S. delegation to the 

13 Commission and its working groups to the ex14 tent the Commission rules and space for delega15 tions allow. 

16 ‘‘(B) ADDITIONAL MEMBERS.—The chair 

17 of the Pacific Fishery Management Council’s 

18 Advisory Subpanel for Highly Migratory Fish19 eries and the chair of the Western Pacific Fish20 ery Management Council’s Advisory Committee 

21 shall be members of the General Advisory Com22 mittee by virtue of their positions in those 

23 Councils. 

24 ‘‘(C) TERMS.—Each member of the Gen25 eral Advisory Committee appointed under subVerDate Mar 15 2010 00:42 Feb 20, 2013 Jkt 029200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\S269.IS S269

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1 paragraph (A) shall serve for a term of 3 years 

2 and shall be eligible for reappointment. 

3 ‘‘(D) NON-EXECUTIVE MEETINGS OF THE

4 UNITED STATES SECTION.—The General Advi5 sory Committee shall be invited to attend all 

6 non-executive meetings of the United States 

7 Section and at such meetings shall be given op8 portunity to examine and to be heard on all 

9 proposed programs of investigation, reports, 

10 recommendations, and regulations of the Com11 mission. 

12 ‘‘(E) PUBLIC PARTICIPATION.—The Gen13 eral Advisory Committee shall determine its or14 ganization, and prescribe its practices and pro15 cedures for carrying out its functions under this 

16 chapter, the Magnuson-Stevens Fishery Con17 servation and Management Act (16 U.S.C. 

18 1801 et seq.), and the Convention. The General 

19 Advisory Committee shall publish and make 

20 available to the public a statement of its organi21 zation, practices and procedures. Meetings of 

22 the General Advisory Committee, except when 

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

24 and prior notice of meetings shall be made pub25 lic in timely fashion. The General Advisory 


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1 Committee shall not be subject to the Federal 

2 Advisory Committee Act (5 U.S.C. App.). 

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

4 and the Secretary of State shall furnish the General 

5 Advisory Committee with relevant information con6 cerning fisheries and international fishery agree7 ments. 

8 ‘‘(3) ADMINISTRATIVE MATTERS.— 

9 ‘‘(A) IN GENERAL.—The Secretary shall 

10 provide to the General Advisory Committee in a 

11 timely manner such administrative and tech12 nical support services as are necessary for its 

13 effective functioning. 

14 ‘‘(B) COMPENSATION.—An individual ap15 pointed to serve as a member of the General 

16 Advisory Committee— 

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

18 away from home or regular place of busi19 ness to attend meetings of the General Ad20 visory Committee shall be allowed travel 

21 expenses, including per diem in lieu of sub22 sistence, in the same manner as a person 

23 employed intermittently in the Government 

24 service is allowed expenses under section 

25 5703 of title 5, United States Code; and 


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1 ‘‘(ii) shall not be considered a Federal 

2 employee except for the purposes of injury 

3 compensation or tort claims liability as 

4 provided in chapter 81 of title 5, United 

5 States Code, and chapter 171 of title 28, 

6 United States Code.’’; and 

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

8 precedes paragraph (2) and inserting the following: 

9 ‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.— 

10 ‘‘(c) IN GENERAL.—The Secretary, in consultation 

11 with the Secretary of State, shall appoint a Scientific Ad12 visory Subcommittee of not less than 5 nor more than 15 

13 qualified scientists with balanced representation from the 

14 public and private sectors, including nongovernmental con15 servation organizations.’’. 

16 SEC. 405. RULEMAKING. 

17 Section 6 (16 U.S.C. 955) is amended— 

18 (1) by striking the section heading and insert19 ing the following: 

20 ‘‘SEC. 6. RULEMAKING.’’; 

21 and 

22 (2) by striking subsections (a) and (b) and in23 serting the following: 

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

25 with the Secretary of State and, with respect to enforceVerDate Mar 15 2010 00:42 Feb 20, 2013 Jkt 029200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S269.IS S269

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1 ment measures, the Secretary of the Department in which 

2 the Coast Guard is operating, may promulgate such regu3 lations as may be necessary to carry out the United States 

4 international obligations under the Convention and this 

5 Act, including recommendations and decisions adopted by 

6 the Commission. In cases where the Secretary has discre7 tion in the implementation of one or more measures adopt8 ed by the Commission that would govern fisheries under 

9 the authority of a Regional Fishery Management Council, 

10 the Secretary may, to the extent practicable within the im11 plementation schedule of the Convention and any rec12 ommendations and decisions adopted by the Commission, 

13 promulgate such regulations in accordance with the proce14 dures established by the Magnuson-Stevens Fishery Con15 servation and Management Act (16 U.S.C. 1801 et seq.). 

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

17 regulations applicable to all vessels and persons subject 

18 to the jurisdiction of the United States, including United 

19 States flag vessels wherever they may be operating, on 

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

21 SEC. 406. PROHIBITED ACTS. 

22 Section 8 (16 U.S.C. 957) is amended to read as fol23 lows: 

24 ‘‘SEC. 8. PROHIBITED ACTS. 

25 ‘‘It is unlawful for any person— 


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1 ‘‘(1) to violate any provision of this chapter or 

2 any regulation or permit issued pursuant to this Act; 

3 ‘‘(2) to use any fishing vessel to engage in fish4 ing after the revocation, or during the period of sus5 pension, of an applicable permit issued pursuant to 

6 this Act; 

7 ‘‘(3) to refuse to permit any officer authorized 

8 to enforce the provisions of this Act (as provided for 

9 in section 10) to board a fishing vessel subject to 

10 such person’s control for the purposes of conducting 

11 any search, investigation or inspection in connection 

12 with the enforcement of this Act or any regulation, 

13 permit, or the Convention; 

14 ‘‘(4) to forcibly assault, resist, oppose, impede, 

15 intimidate, sexually harass, bribe, or interfere with 

16 any such authorized officer in the conduct of any 

17 search, investigations or inspection in connection 

18 with the enforcement of this Act or any regulation, 

19 permit, or the Convention; 

20 ‘‘(5) to resist a lawful arrest for any act prohib21 ited by this Act; 

22 ‘‘(6) to ship, transport, offer for sale, sell, pur23 chase, import, export, or have custody, control, or 

24 possession of, any fish taken or retained in violation 


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1 of this Act or any regulation, permit, or agreement 

2 referred to in paragraph (1) or (2); 

3 ‘‘(7) to interfere with, delay, or prevent, by any 

4 means, the apprehension or arrest of another person, 

5 knowing that such other person has committed any 

6 act prohibited by this section; 

7 ‘‘(8) to knowingly and willfully submit to the 

8 Secretary false information regarding any matter 

9 that the Secretary is considering in the course of 

10 carrying out this Act; 

11 ‘‘(9) to forcibly assault, resist, oppose, impede, 

12 intimidate, sexually harass, bribe, or interfere with 

13 any observer on a vessel under this Act, or any data 

14 collector employed by the National Marine Fisheries 

15 Service or under contract to any person to carry out 

16 responsibilities under this Act; 

17 ‘‘(10) to engage in fishing in violation of any 

18 regulation adopted pursuant to section 6 of this Act; 

19 ‘‘(11) to ship, transport, purchase, sell, offer for 

20 sale, import, export, or have in custody, possession, 

21 or control any fish taken or retained in violation of 

22 such regulations; 

23 ‘‘(12) to fail to make, keep, or furnish any 

24 catch returns, statistical records, or other reports as 


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1 are required by regulations adopted pursuant to this 

2 Act to be made, kept, or furnished; 

3 ‘‘(13) to fail to stop a vessel upon being hailed 

4 and instructed to stop by a duly authorized official 

5 of the United States; or 

6 ‘‘(14) to import, in violation of any regulation 

7 adopted pursuant to section 6 of this Act, any fish 

8 in any form of those species subject to regulation 

9 pursuant to a recommendation, resolution, or deci10 sion of the Commission, or any tuna in any form not 

11 under regulation but under investigation by the 

12 Commission, during the period such fish have been 

13 denied entry in accordance with the provisions of 

14 section 6 of this Act, unless such person provides 

15 such proof as the Secretary of Commerce may re16 quire that a fish described in this paragraph offered 

17 for entry into the United States is not ineligible for 

18 such entry under the terms of section 6 of this 

19 Act.’’. 

20 SEC. 407. ENFORCEMENT. 

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

22 follows: 


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1 ‘‘SEC. 10. ENFORCEMENT. 

2 ‘‘This Act shall be enforced under section 101 of the 

3 International Fisheries Stewardship and Enforcement 

4 Act.’’. 

5 SEC. 408. REDUCTION OF BYCATCH. 

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

7 ‘‘vessel’’ and inserting ‘‘vessels’’. 

8 SEC. 409. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

9 ACT OF 1984. 

10 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

Æ 


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