II 

Calendar No. 263 

113TH CONGRESS 

1ST SESSION S. 269 

[Report No. 113–127] 

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, Mr. NELSON, Mrs. BOXER, and Mr. BLUMENTHAL) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

DECEMBER 17, 2013 

Reported by Mr. ROCKEFELLER, with an amendment 

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

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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘International Fisheries Stewardship and Enforcement 

4 Act’’. 

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

6 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. 


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1 TITLE I—ADMINISTRATION AND 

2 ENFORCEMENT OF CERTAIN 

3 FISHERY AND RELATED STAT4 UTES 

5 SEC. 101. AUTHORITY OF THE SECRETARY OF COMMERCE 

6 TO ENFORCE STATUTES. 

7 (a) IN GENERAL.— 

8 (1) ENFORCEMENT.—The Secretary of Com9 merce and the Secretary of the department in which 

10 the Coast Guard is operating shall enforce the Acts 

11 to which this section applies in accordance with the 

12 provisions of this section. 

13 (2) NONDEPARTMENTAL RESOURCES.—The 

14 Secretary of Commerce may, by agreement, on a re15 imbursable basis or otherwise, utilize the personnel 

16 services, equipment (including aircraft and vessels), 

17 and facilities of any other Federal agency, including 

18 all elements of the Department of Defense, and of 

19 any State agency, in carrying out this section. 

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

21 (A) the High Seas Driftnet Fishing Mora22 torium Protection Act (16 U.S.C. 1826d et 

23 seq.); 

24 (B) the Pacific Salmon Treaty Act of 1985 

25 (16 U.S.C. 3631 et seq.); 


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1 (C) the Dolphin Protection Consumer In2 formation Act (16 U.S.C. 1385); 

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

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

5 (E) the North Pacific Anadromous Stocks 

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

7 (F) the South Pacific Tuna Act of 1988 

8 (16 U.S.C. 973 et seq.); 

9 (G) the Antarctic Marine Living Resources 

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

11 seq.); 

12 (H) the Atlantic Tunas Convention Act of 

13 1975 (16 U.S.C. 971 et seq.); 

14 (I) the Northwest Atlantic Fisheries Con15 vention Act of 1995 (16 U.S.C. 5601 et seq.); 

16 (J) the Western and Central Pacific Fish17 eries Convention Implementation Act (16 

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

19 (K) the Northern Pacific Halibut Act of 

20 1982 (16 U.S.C. 773 et seq.); 

21 (L) the Antigua Convention Implementing 

22 Act of 2013; and 

23 (M) any other Act in pari materia, so des24 ignated by the Secretary after notice and an op25 portunity for a hearing. 


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1 (b) ADMINISTRATION AND ENFORCEMENT.—The 

2 Secretary of Commerce shall prevent any person from vio3 lating any Act to which this section applies in the same 

4 manner, by the same means, and with the same jurisdic5 tion, powers, and duties as though sections 308 through 

6 311 of the Magnuson-Stevens Fishery Conservation and 

7 Management Act (16 U.S.C. 1858 through 1861) were in8 corporated into and made a part of each such Act. Except 

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

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

11 penalties, and entitled to the privileges and immunities, 

12 provided in the Magnuson-Stevens Fishery Conservation 

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

14 manner and by the same means as though sections 308 

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

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

17 (c) SPECIAL RULES.— 

18 (1) IN GENERAL.—Notwithstanding the incor19 poration by reference of certain sections of the Mag20 nuson-Stevens Fishery Conservation and Manage21 ment Act under subsection (b), if there is a conflict 

22 between a provision of this subsection and the cor23 responding provision of any section of the Magnu24 son-Stevens Fishery Conservation and Management 


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1 Act so incorporated, the provision of this subsection 

2 shall apply. 

3 (2) ADDITIONAL ENFORCEMENT AUTHORITY.— 

4 In addition to the powers of officers authorized pur5 suant to subsection (b), any officer who is author6 ized by the Secretary, or the head of any Federal or 

7 State agency that has entered into an agreement 

8 with the Secretary under subsection (a) to enforce 

9 the provisions of any Act to which this section ap10 plies may, with the same jurisdiction, powers, and 

11 duties as though section 311 of the Magnuson-Ste12 vens Fishery Conservation and Management Act (16 

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

14 part of each such Act— 

15 (A) search or inspect any facility or con16 veyance used or employed in, or which reason17 ably appears to be used or employed in, the 

18 storage, processing, transport, or trade of fish 

19 or fish products; 

20 (B) inspect records pertaining to the stor21 age, processing, transport, or trade of fish or 

22 fish products; 

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

24 any shipment of fish or fish product imported 

25 into, landed on, introduced into, exported from, 


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1 or transported within the jurisdiction of the 

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

3 is deemed to be perishable, sell and retain the 

4 proceeds therefrom for a period of up to 14 

5 days; 

6 (D) make an arrest, in accordance with 

7 any guidelines which may be issued by the At8 torney General, for any offense under the laws 

9 of the United States committed in the person’s 

10 presence, or for the commission of any felony 

11 under the laws of the United States, if the per12 son has reasonable grounds to believe that the 

13 person to be arrested has committed or is com14 mitting a felony; 

15 (E) search and seize, in accordance with 

16 any guidelines which may be issued by the At17 torney General; and 

18 (F) execute and serve any subpoena, arrest 

19 warrant, search warrant issued in accordance 

20 with rule 41 of the Federal Rules of Criminal 

21 Procedure, or other warrant or civil or criminal 

22 process issued by any officer or court of com23 petent jurisdiction. 

24 (3) INFORMATION COLLECTION, MAINTENANCE

25 AND USE.— 


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1 (A) IN GENERAL.—The Secretary of Com2 merce and the head of each department and 

3 agency providing personnel for the task force 

4 under section 201, to the maximum extent per5 missible under law, shall share all applicable in6 formation, intelligence, and data, related to the 

7 harvest, transportation, or trade of fish and fish 

8 product for the purposes under section 

9 201(a)(2). 

10 (B) COORDINATION OF DATA.—The Sec11 retary of Commerce, through the task force 

12 under section 201, shall coordinate the collec13 tion, storage, analysis, and dissemination of all 

14 applicable information, intelligence, and data 

15 related to the harvest, transportation, or trade 

16 of fish and fish product collected or maintained 

17 by a member agency of the task force. 

18 (C) CONFIDENTIALITY.—The Secretary of 

19 Commerce, through the task force under section 

20 201, shall ensure the protection and confiden21 tiality required by law for information, intel22 ligence, and data related to the harvest, trans23 portation, or trade of fish and fish product ob24 tained by the task force. 


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1 (D) DATA STANDARDIZATION.—The Sec2 retary of Commerce and the head of each de3 partment and agency providing personnel for 

4 the task force, to the maximum extent prac5 ticable, shall develop data standardization for 

6 fisheries related data for each member agency 

7 of the task force under section 201 and with 

8 international fisheries enforcement databases as 

9 appropriate. 

10 (E) ASSISTANCE FROM INTELLIGENCE

11 COMMUNITY.—Upon request of the Secretary of 

12 Commerce, elements of the intelligence commu13 nity (as defined in section 3(4) of the National 

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

15 collect information related to illegal, unre16 ported, or unregulated fishing activity outside 

17 the United States about individuals who are not 

18 United States persons (as defined in section 

19 105A(c)(2) of such Act (50 U.S.C. 403– 

20 5a(c)(2))). Such elements of the intelligence 

21 community shall collect and share such infor22 mation with the Secretary through the task 

23 force under section 201 of this Act for law en24 forcement purposes in order to detect and in25 vestigate illegal, unreported, or unregulated 


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1 fishing activities and to carry out the provisions 

2 of this Act. All collection and sharing of infor3 mation shall be in accordance with the National 

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

5 (F) INFORMATION SHARING.— 

6 (i) IN GENERAL.—Subject to clause 

7 (ii), the Secretary of Commerce, through 

8 the task force under section 201, shall 

9 have authority to share fisheries-related 

10 data with— 

11 (I) other Federal or State gov12 ernment agencies; 

13 (II) foreign governments; 

14 (III) the Food and Agriculture 

15 Organization formed at Quebec, Can16 ada, on October 16, 1945; or 

17 (IV) the secretariat or equivalent 

18 of an international fisheries manage19 ment organization or arrangement 

20 made pursuant to an international 

21 fishery agreement. 

22 (ii) LIMITATIONS.—An entity listed 

23 under clause (i) may receive data under 

24 this subparagraph if— 


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1 (I) the entity has policies and 

2 procedures to safeguard such data 

3 from unintended or unauthorized dis4 closure; and 

5 (II) the exchange of information 

6 is necessary— 

7 (aa) to ensure compliance 

8 with any law (including regula9 tions) enforced or administered 

10 by the Secretary of Commerce; 

11 (bb) to administer or enforce 

12 treaties to which the United 

13 States is a party; 

14 (cc) to administer or enforce 

15 binding conservation measures 

16 adopted by any international or17 ganization or arrangement to 

18 which the United States is a 

19 party; 

20 (dd) to assist in investiga21 tive, judicial, or administrative 

22 enforcement proceedings in the 

23 United States; or 

24 (ee) to assist in any fisheries 

25 or living marine resource related 


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1 law enforcement action under2 taken by a law enforcement agen3 cy of a foreign government, or in 

4 relation to a legal proceeding un5 dertaken by a foreign govern6 ment. 

7 (d) DISTRICT COURT JURISDICTION.—The several 

8 district courts of the United States shall have jurisdiction 

9 over any actions arising under this section. For the pur10 pose of this section, American Samoa shall be included 

11 within the judicial district of the District Court of the 

12 United States for the District of Hawaii. Each violation 

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

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

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

16 authorized by law. Any offenses not committed in any dis17 trict are subject to the venue provisions of section 3238 

18 of title 18, United States Code. 

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

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

21 for any person— 

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

23 any Act to which this section applies or any regula24 tion promulgated thereunder; 


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1 (2) to refuse to permit any authorized enforce2 ment officer to board, search, or inspect a vessel, 

3 conveyance, or shoreside facility that is subject to 

4 the person’s control for purposes of conducting any 

5 search, investigation, or inspection in connection 

6 with the enforcement of this section or any Act to 

7 which this section applies or any regulation promul8 gated thereunder; 

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

10 intimidate, or interfere with any such authorized of11 ficer in the conduct of any search, investigation, or 

12 inspection described in paragraph (2); 

13 (4) to resist a lawful arrest for any act prohib14 ited by this section or any Act to which this section 

15 applies; 

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

17 means, the apprehension, arrest, or detection of an18 other person, knowing that such person has com19 mitted any act prohibited by this section or any Act 

20 to which this section applies; 

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

22 intimidate, sexually harass, bribe, or interfere with 

23 any observer on a vessel under this section or any 

24 Act to which this section applies, or any data col25 lector employed by or under contract to the National 


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1 Marine Fisheries Service to carry out responsibilities 

2 under this section or any Act to which this section 

3 applies; 

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

5 acquire, or purchase in interstate or foreign com6 merce any fish or fish product taken, possessed, 

7 transported, or sold in violation of any treaty or 

8 binding conservation measure adopted pursuant to 

9 an international agreement or organization to which 

10 the United States is a party; or 

11 (8) to make or submit any false record, ac12 count, or label for, or any false identification of, any 

13 fish or fish product (including false identification of 

14 the species, harvesting vessel or nation, or the loca15 tion where harvested) which has been, or is intended 

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

17 for sale, purchased, or received in interstate or for18 eign commerce. 

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

20 promulgate such regulations, in accordance with section 

21 553 of title 5, United States Code, as may be necessary 

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

23 applies. 


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1 SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMEND2 MENTS. 

3 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

4 PROTECTION ACT.— 

5 (1) Section 606 of the High Seas Driftnet Fish6 ing Moratorium Protection Act (16 U.S.C. 1826g) is 

7 amended— 

8 (A) by inserting ‘‘(a) DETECTING, MONI9 TORING, AND PREVENTING VIOLATIONS.—’’ be10 fore ‘‘The President’’; and 

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

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

13 under section 101 of the International Fisheries Steward14 ship and Enforcement Act.’’. 

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

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

17 1826h(2)) is amended by striking ‘‘whose vessels’’ 

18 and inserting ‘‘that’’. 

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

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

21 1826j(a)) is amended to read as follows: 

22 ‘‘(a) IDENTIFICATION.— 

23 ‘‘(1) IN GENERAL.—The Secretary shall iden24 tify, and list in the report under section 607, a na25 tion if that nation is engaged, or has been engaged 


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

2 unreported, or unregulated fishing and— 

3 ‘‘(A) such fishing undermines the effective4 ness of measures required under the relevant 

5 international fishery management organization; 

6 ‘‘(B) the relevant international fishery 

7 management organization has failed to imple8 ment effective measures to end the illegal, unre9 ported, or unregulated fishing activity by ves10 sels of that nation, or the nation is not a party 

11 to, or does not maintain cooperating status 

12 with, such organization; or 

13 ‘‘(C) there is no international fishery man14 agement organization with a mandate to regu15 late the fishing activity in question. 

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

17 Secretary shall also identify, and list in the report 

18 under section 607, a nation if— 

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

20 time during the preceding 3 years, conservation 

21 and management measures required under an 

22 international fishery management agreement to 

23 which the United States is a party and the vio24 lations undermine the effectiveness of such 


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1 measures, taking into account the factors de2 scribed in paragraph (1); or 

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

4 during the preceding 3 years, to effectively ad5 dress or regulate illegal, unreported, or unregu6 lated fishing. 

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

8 THEY WERE NATIONS.—Where the provisions of this 

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

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

11 other entity that is competent to enter into an inter12 national fishery management agreement.’’. 

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

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

15 1826j(d)(1)) is amended by striking ‘‘of its fishing 

16 vessels’’ each place it appears. 

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

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

19 1826j(d)(2)) is amended— 

20 (A) by striking ‘‘procedure for certifi21 cation,’’ and inserting ‘‘procedure,’’; 

22 (B) by striking ‘‘basis of fish’’ and insert23 ing ‘‘basis, for allowing importation of fish’’; 

24 and 


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1 (C) by striking ‘‘harvesting nation not cer2 tified under paragraph (1)’’ and inserting ‘‘na3 tion issued a negative certification under para4 graph (1)’’. 

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

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

7 1826k(a)(1)) is amended— 

8 (A) by striking ‘‘calendar year’’ and insert9 ing ‘‘3 years’’; and 

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

11 ‘‘practices—’’. 

12 (b) DOLPHIN PROTECTION CONSUMER INFORMATION

13 ACT.—Section 901 of the Dolphin Protection Consumer 

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

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

16 following: 

17 ‘‘(4) It is a violation of section 101 of the Inter18 national Fisheries Stewardship and Enforcement Act 

19 for any person to assault, resist, oppose, impede, in20 timidate, or interfere with an authorized officer in 

21 the conduct of any search, investigation or inspec22 tion under this Act.’’ and 

23 (2) by amending subsection (e) to read as fol24 lows: 


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

2 under section 101 of the International Fisheries Steward3 ship and Enforcement Act.’’. 

4 (c) NORTH PACIFIC ANADROMOUS STOCKS ACT OF

5 1992.— 

6 (1) UNLAWFUL ACTIVITIES.—Section 810 of 

7 the North Pacific Anadromous Stocks Act of 1992 

8 (16 U.S.C. 5009) is amended— 

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

10 (5) and inserting ‘‘purposes’’; 

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

12 paragraph (5) and inserting ‘‘search, investiga13 tion, or inspection’’; and 

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

15 paragraph (6) and inserting ‘‘search, investiga16 tion, or inspection’’. 

17 (2) ADMINISTRATION AND ENFORCEMENT.— 

18 Section 811 of the North Pacific Anadromous 

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

20 read as follows: 

21 ‘‘SEC. 811. ADMINISTRATION AND ENFORCEMENT. 

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

23 International Fisheries Stewardship and Enforcement 

24 Act.’’. 

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


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

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

3 (A) in subsection (a)— 

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

5 in paragraph (2) and inserting ‘‘search, in6 vestigation, or inspection’’; and 

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

8 in paragraph (3) and inserting ‘‘search, in9 vestigation, or inspection’’; and 

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

11 and inserting the following: 

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

13 Act shall be enforced under section 101 of the Inter14 national Fisheries Stewardship and Enforcement Act.’’. 

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

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

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

18 ‘‘2003’’. 

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

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

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

22 is amended— 

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

24 paragraph (8) and inserting ‘‘any search, inves25 tigation, or inspection’’; and 


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

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

3 investigation, or inspection’’. 

4 (2) ADMINISTRATION AND ENFORCEMENT.— 

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

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

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

8 ‘‘SEC. 7. ADMINISTRATION AND ENFORCEMENT. 

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

10 International Fisheries Stewardship and Enforcement 

11 Act.’’. 

12 (f) ANTARCTIC MARINE LIVING RESOURCES CON13 VENTION ACT OF 1984.— 

14 (1) UNLAWFUL ACTIVITIES.—Section 306 of 

15 the Antarctic Marine Living Resources Convention 

16 Act (16 U.S.C. 2435) is amended— 

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

18 he knows, or reasonably should have known, 

19 was’’; 

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

21 or inspection’’ and inserting ‘‘search, investiga22 tion, or inspection’’; and 

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

24 or inspection’’ and inserting ‘‘search, investiga25 tion, or inspection’’. 


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1 (2) REGULATIONS.—Section 307 of the Ant2 arctic Marine Living Resources Convention Act (16 

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

4 the following: ‘‘Notwithstanding the provisions of 

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

6 5, United States Code, the Secretary of Commerce 

7 may publish in the Federal Register a final rule to 

8 implement conservation measures, described in sec9 tion 305(a) of this Act, that are in effect for 12 

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

11 objected to by the United States within the time pe12 riod allotted under Article IX of the Convention. 

13 Upon publication in the Federal Register, such con14 servation measures shall be in force with respect to 

15 the United States.’’. 

16 (3) PENALTIES AND ENFORCEMENT.—The Ant17 arctic Marine Living Resources Convention Act (16 

18 U.S.C. 2431 et seq.) is amended— 

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

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

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

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

23 and (d); 

24 (ii) by redesignating subsection (e) as 

25 subsection (c); and 


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1 (iii) by inserting after subsection (a) 

2 the following: 

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

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

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

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

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

9 amended— 

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

11 (B) by redesignating subsection (g) as sub12 section (e). 

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

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

15 amended— 

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

17 (B) by striking ‘‘(b) INTERNATIONAL EN18 FORCEMENT.—’’ in subsection (b) and inserting 

19 ‘‘This Act shall be enforced under section 101 

20 of the International Fisheries Stewardship and 

21 Enforcement Act.’’; and 

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

23 carry out the enforcement activities specified in 

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

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


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1 (h) NORTHWEST ATLANTIC FISHERIES CONVENTION

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

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

4 amended— 

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

6 PENALTIES.’’ and inserting ‘‘AND ENFORCE7 MENT.’’; 

8 (2) in subsection (a)— 

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

10 paragraph (2) and inserting ‘‘search, investiga11 tion, or inspection’’; and 

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

13 paragraph (3) and inserting ‘‘search, investiga14 tion, or inspection’’; and 

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

16 inserting the following: 

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

18 title shall be enforced under section 101 of the Inter19 national Fisheries Stewardship and Enforcement Act.’’. 

20 (i) WESTERN AND CENTRAL PACIFIC FISHERIES

21 CONVENTION IMPLEMENTATION ACT.— 

22 (1) ADMINISTRATION AND ENFORCEMENT.— 

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

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

25 6905(c)) is amended to read as follows: 


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

2 title shall be enforced under section 101 of the Inter3 national Fisheries Stewardship and Enforcement Act.’’. 

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

5 the Western and Central Pacific Fisheries Conven6 tion Implementation Act (16 U.S.C. 6906(a)(2)) is 

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

8 ‘‘suspension of’’. 

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

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

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

12 773e) is amended— 

13 (A) by redesignating paragraphs (1) 

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

15 (A) through (F), respectively; 

16 (B) by redesignating subsections (a) and 

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

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

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

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

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

22 by striking ‘‘search or inspection described in 

23 paragraph (2)’’ and inserting ‘‘search, inves24 tigation, or inspection described in subpara25 graph (B)’’. 


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1 (2) ADMINISTRATION AND ENFORCEMENT.— 

2 The Northern Pacific Halibut Act of 1982 (16 

3 U.S.C. 773 et seq.) is amended— 

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

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

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

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

8 following: 

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

10 Act shall be enforced under section 101 of the Inter11 national Fisheries Stewardship and Enforcement Act.’’. 

12 SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISH13 ING. 

14 (a) AMENDMENT OF THE HIGH SEAS DRIFTNET

15 FISHING MORATORIUM PROTECTION ACT.— 

16 (1) Section 608 of the High Seas Driftnet Fish17 ing Moratorium Protection Act (16 U.S.C. 1826i), 

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

19 amended by adding at the end the following: 

20 ‘‘(c) VESSELS AND VESSEL OWNERS ENGAGED IN IL21 LEGAL, UNREPORTED, OR UNREGULATED FISHING.—The 

22 Secretary may— 

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

24 of vessels and vessel owners engaged in illegal, unre25 ported, or unregulated fishing, including vessels or 


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1 vessel owners identified by an international fishery 

2 management organization or arrangement made pur3 suant to an international fishery agreement, whether 

4 or not the United States is a party to such organiza5 tion or arrangement; 

6 ‘‘(2) take appropriate action against listed ves7 sels and vessel owners, including action against fish, 

8 fish parts, or fish products from such vessels, in ac9 cordance with applicable United States law and con10 sistent with applicable international law, including 

11 principles, rights, and obligations established in ap12 plicable international fishery management and trade 

13 agreements; and 

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

15 and vessel owners identified by international fishery 

16 management organizations or arrangements made 

17 pursuant to an international fishery agreement as 

18 having been engaged in illegal, unreported, or un19 regulated fishing, as well as any measures adopted 

20 by such organizations or arrangements to address il21 legal, unreported, or unregulated fishing. 

22 ‘‘(d) RESTRICTIONS ON PORT ACCESS OR USE.—Ac23 tion taken by the Secretary under subsection (c)(2) that 

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


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

2 and its territories. 

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

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

5 (2) Section 609 of the High Seas Driftnet Fish6 ing Moratorium Protection Act (16 U.S.C. 1826j) is 

7 amended— 

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

9 ‘‘that has not been certified by the Secretary 

10 under this subsection, or’’; and 

11 (B) in subsection (e)(3)— 

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

13 subparagraph (B); 

14 (ii) by striking ‘‘agreement.’’ and in15 serting ‘‘agreement; and’’; and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(D) to the extent possible— 

19 ‘‘(i) fishing activities conducted in 

20 waters under the jurisdiction of a nation 

21 without permission of that nation; and 

22 ‘‘(ii) fishing activities conducted in 

23 contravention of a nation’s laws (including 

24 regulations), including fishing activity that 

25 has not been reported or that has been 


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1 misreported to the relevant national au2 thority of a nation in contravention of that 

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

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

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

6 1826k(c)(5)) is amended by striking ‘‘that has not 

7 been certified by the Secretary under this sub8 section, or’’. 

9 (b) AMENDMENT OF THE HIGH SEAS DRIFTNET

10 FISHERIES ENFORCEMENT ACT.— 

11 (1) Section 101 of the High Seas Driftnet Fish12 eries Enforcement Act (16 U.S.C. 1826a) is amend13 ed— 

14 (A) in subsection (a), by striking para15 graph (2) and inserting the following: 

16 ‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec17 retary of the Treasury shall, in accordance with rec18 ognized principles of international law— 

19 ‘‘(A) withhold or revoke the clearance re20 quired by section 60105 of title 46, United 

21 States Code, for— 

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

23 vessel that is documented under the law of 

24 the United States or of a nation included 

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


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

2 that receives a negative certification under 

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

4 Driftnet Fishing Moratorium Protection 

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

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

7 in the United States and to the navigable 

8 waters of the United States, except for the pur9 pose of inspecting the vessel, conducting an in10 vestigation, or taking other appropriate enforce11 ment action.’’; and 

12 (B) in subsection (b)— 

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

14 or unregulated fishing’’ each place it ap15 pears in paragraphs (1) and (2); 

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

17 inserting the following: 

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

19 direct the Secretary of the Treasury to prohibit 

20 the importation into the United States of fish 

21 and fish products and sport fishing equipment 

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

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

24 4162)) from a nation— 


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

2 identification of the nation under para3 graph (1)(A); 

4 ‘‘(ii) if the consultations with the gov5 ernment of the nation under paragraph (2) 

6 are not satisfactorily concluded within 

7 ninety days; or 

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

9 negative certification under section 

10 609(d)(1) or 610(c)(1) of the High Seas 

11 Driftnet Fishing Moratorium Protection 

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

13 1826k(c)(1)).’’; 

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

15 negative certification under section 

16 609(d)(1) or 610(c)(1) of the High Seas 

17 Driftnet Fishing Moratorium Protection 

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

19 1826k(c)(1)),’’ after ‘‘paragraph (1),’’ in 

20 paragraph (4)(A); and 

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

22 and inserting the following: 

23 ‘‘(i) any prohibition established under 

24 paragraph (3) is insufficient to cause that 

25 nation— 


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1 ‘‘(I) to terminate large-scale 

2 driftnet fishing conducted by its na3 tionals and vessels beyond the exclu4 sive economic zone of any nation; 

5 ‘‘(II) to address illegal, unre6 ported, or unregulated fishing activi7 ties for which a nation has been iden8 tified under section 609 of the High 

9 Seas Driftnet Fishing Moratorium 

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

11 ‘‘(III) to address bycatch of a 

12 protected living marine resource for 

13 which a nation has been identified 

14 under section 610 of such Act (16 

15 U.S.C. 1826k); or’’. 

16 (2) Section 102 of the High Seas Driftnet Fish17 eries Enforcement Act (16 U.S.C. 1826b) is amend18 ed by striking ‘‘such nation has terminated large19 scale driftnet fishing or illegal, unreported, or un20 regulated fishing by its nationals and vessels beyond 

21 the exclusive economic zone of any nation.’’ and in22 serting ‘‘such nation— 

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

24 by its nationals and vessels beyond the exclusive eco25 nomic zone of any nation; 


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1 ‘‘(2) has addressed illegal, unreported, or un2 regulated fishing activities for which a nation has 

3 been identified under section 609 of the High Seas 

4 Driftnet Fishing Moratorium Protection Act (16 

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

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

7 marine resource for which a nation has been identi8 fied under section 610 of the High Seas Driftnet 

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

10 1826k).’’. 

11 SEC. 104. LIABILITY. 

12 Any claims arising from the actions of any officer, 

13 authorized by the Secretary of Commerce or the Secretary 

14 of the department in which the Coast Guard is operating 

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

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

17 boarding and inspection authorized under any inter18 national agreement to which the United States is a party 

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

20 States Code, or such other legal authority as may be perti21 nent. 


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1 TITLE II—LAW ENFORCEMENT 

2 AND INTERNATIONAL OPER3 ATIONS 

4 SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT. 

5 (a) ESTABLISHMENT OF INTERNATIONAL FISHERIES

6 ENFORCEMENT TASK FORCE.— 

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

8 after the date of enactment of this Act, the Sec9 retary of Commerce shall establish, through the Na10 tional Marine Fisheries Service’s international en11 forcement program, an interagency International 

12 Fisheries Enforcement Task Force. 

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

14 shall be— 

15 (A) to detect and investigate illegal, unre16 ported, or unregulated fishing activity and traf17 ficking in the resulting fish or fish product; and 

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

19 any Act to which section 101 applies. 

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

21 permanent representation from— 

22 (A) the National Marine Fisheries Serv23 ice’s international enforcement program; 

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

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


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1 (D) the U.S. Food and Drug Administra2 tion; and 

3 (E) such other Federal agencies as the 

4 Secretary considers appropriate and necessary 

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

6 (b) TASK FORCE ORGANIZATION.— 

7 (1) STAFFING AND OTHER RESOURCES.—The 

8 Secretary of Commerce and the head of each depart9 ment and agency identified under subsection (a)(3) 

10 shall— 

11 (A) by agreement, on a reimbursable basis 

12 or otherwise, provide permanent representation 

13 to the task force; 

14 (B) by agreement, on a reimbursable basis 

15 or otherwise, share personnel, services, equip16 ment (including aircraft and vessels), and facili17 ties with the task force for the purposes under 

18 subsection (a)(2); and 

19 (C) to the extent possible, and consistent 

20 with other applicable law, extend the authorities 

21 provided under their enabling legislation to the 

22 other departments and agencies participating in 

23 the task force. 

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

25 the head of each department and agency providing 


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

2 develop interagency plans and budgets and engage in 

3 interagency financing for such purposes. 

4 (3) 5-YEAR STRATEGIC PLAN.—Not later than 

5 180 days after the date on which the task force is 

6 established under subsection (a), the Secretary of 

7 Commerce shall develop a 5-year strategic plan for 

8 guiding interagency and intergovernmental inter9 national fisheries enforcement efforts to carry out 

10 the provisions of this Act. The Secretary shall up11 date the plan periodically as necessary, but at least 

12 once every 5 years. 

13 (4) COOPERATIVE ACTIVITIES.—The Secretary, 

14 in coordination with the head of each department 

15 and agency providing personnel for the task force— 

16 (A) may conduct one or more joint oper17 ations for the purposes under subsection (a)(2); 

18 (B) shall, to the maximum extent permis19 sible under law, create and participate in com20 mittees or other working groups with other 

21 Federal, State, or local governments, and with 

22 the governments of other nations for the pur23 poses under subsection (a)(2); 

24 (C) may enter into agreements with other 

25 Federal, State, or local governments, and with 


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1 the governments of other nations, on a reim2 bursable basis or otherwise, for the purposes 

3 under subsection (a)(2). 

4 (c) POWERS OF AUTHORIZED OFFICERS.—Notwith5 standing any other provision of law, while operating under 

6 an agreement with the Secretary of Commerce entered 

7 into under section 101, or while conducting a joint oper8 ation under subsection (b)(4) of this section, each author9 ized officer shall have the powers and authority provided 

10 in section 101. 

11 SEC. 202. INTERNATIONAL COOPERATION AND ASSIST12 ANCE. 

13 (a) INTERNATIONAL COOPERATION AND ASSIST14 ANCE.—The Secretary of Commerce may provide inter15 national cooperation and assistance for international ca16 pacity building efforts. 

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

18 section, the Secretary may— 

19 (1) provide technical expertise to other nations 

20 to assist them in addressing illegal, unreported, or 

21 unregulated fishing activities; 

22 (2) provide technical expertise to other nations 

23 to assist them in reducing the loss and environ24 mental impacts of derelict fishing gears, reducing 


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1 the bycatch of living marine resources, and pro2 moting international marine resource conservation; 

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

4 cooperation with the International Fisheries En5 forcement Task Force under section 201 of this Act, 

6 to other nations to aid them in building capacity for 

7 enhanced fisheries management, fisheries moni8 toring, catch and trade tracking activities, enforce9 ment, and international marine resource conserva10 tion; 

11 (4) establish partnerships with other Federal 

12 agencies, as appropriate, to ensure that fisheries de13 velopment assistance to other nations is directed to14 ward efforts that promote sustainable fisheries; and 

15 (5) conduct outreach and education efforts in 

16 order to promote public and private sector awareness 

17 of international fisheries sustainability issues, in18 cluding the need to combat illegal, unreported, or 

19 unregulated fishing activity and to promote inter20 national marine resource conservation. 

21 (c) GUIDELINES.—The Secretary may establish 

22 guidelines as necessary to implement this section. 


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1 TITLE III—MISCELLANEOUS 

2 AMENDMENTS 

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

4 Section 6 of the Atlantic Tunas Convention Act of 

5 1975 (16 U.S.C. 971d(c)(2)) is amended— 

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

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

8 ‘‘the presentation’’; 

9 (3) by striking ‘‘arguments, and (B) oral pres10 entation at a public hearing. Such’’ and inserting 

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

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

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

14 ‘‘(B) The Secretary may issue final regula15 tions to implement Commission recommenda16 tions referred to in paragraph (1) of this sub17 section concerning trade restrictive measures 

18 against nations or fishing entities without re19 gard to the requirements of subparagraph (A) 

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

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

22 SEC. 302. DATA SHARING. 

23 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

24 PROTECTION ACT.—Section 608 of the High Seas 


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

2 1826i) is amended— 

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

4 ‘‘The Secretary,’’; 

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

6 appears and inserting, ‘‘organizations, or arrange7 ments made pursuant to an international fishery 

8 agreement (as defined in section 3(24) of the Mag9 nuson-Stevens Fishery Conservation and Manage10 ment Act (16 U.S.C. 1802(24))),’’; 

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

12 paragraph (3); 

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

14 and inserting ‘‘territories; and’’; and 

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

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

17 fishery management organizations of which the 

18 United States is a member, bilaterally and otherwise 

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

20 and timely information— 

21 ‘‘(A) to improve the scientific under22 standing of marine ecosystems; 

23 ‘‘(B) to improve fisheries management de24 cisions; 


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1 ‘‘(C) to promote the conservation of pro2 tected living marine resources; 

3 ‘‘(D) to combat illegal, unreported, and un4 regulated fishing; and 

5 ‘‘(E) to improve compliance with conserva6 tion and management measures in international 

7 waters. 

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

9 section, the Secretary may disclose, as necessary and ap10 propriate, information to the Food and Agriculture Orga11 nization formed at Quebec, Canada, on October 16, 1945, 

12 international fishery management organizations, or ar13 rangements made pursuant to an international fishery 

14 agreement, if such organizations or arrangements have 

15 policies and procedures to safeguard such information 

16 from unintended or unauthorized disclosure.’’. 

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

18 of the Magnuson-Stevens Fishery Conservation and Man19 agement Act (16 U.S.C. 1881a(b)(1)) is amended— 

20 (1) by striking ‘‘or’’ after the semicolon in sub21 paragraph (G); 

22 (2) by redesignating subparagraph (H) as sub23 paragraph (J); and 

24 (3) by inserting after subparagraph (G) the fol25 lowing: 


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1 ‘‘(H) to the Food and Agriculture Organi2 zation formed at Quebec, Canada, on October 

3 16, 1945, international fishery management or4 ganizations, or arrangements made pursuant to 

5 an international fishery agreement as provided 

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

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

8 1826i(b)); 

9 ‘‘(I) to any other Federal or State govern10 ment agency, foreign government, the Food and 

11 Agriculture Organization formed at Quebec, 

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

13 or equivalent of an international fisheries man14 agement organization or arrangement made 

15 pursuant to an international fishery agreement, 

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

17 International Fisheries Stewardship and En18 forcement Act; or’’. 

19 SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COM20 PLIANCE ACT OF 1995. 

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

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

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

24 is void if— 


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1 ‘‘(1) 1 or more permits or authorizations re2 quired for a vessel to fish, in addition to a permit 

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

4 suspended; or 

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

6 States documentation, such documentation is re7 voked or denied, or the vessel is deleted from such 

8 documentation.’’. 

9 SEC. 304. COMMITTEE ON SCIENTIFIC COOPERATION FOR 

10 PACIFIC SALMON AGREEMENT. 

11 Section 11 of the Pacific Salmon Treaty Act of 1985 

12 (16 U.S.C. 3640) is amended— 

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

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

15 (2) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) COMPENSATION OF COMMITTEE ON SCIENTIFIC

18 COOPERATION MEMBERS.—Members of the Committee on 

19 Scientific Cooperation who are not State or Federal em20 ployees shall receive compensation at a rate equivalent to 

21 the rate payable for level IV of the Executive Schedule 

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

23 engaged in actual performance of duties for the Commis24 sion.’’; and 


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1 (3) by striking ‘‘71’’ in subsection (e), as redes2 ignated, and inserting ‘‘171’’. 

3 TITLE IV—IMPLEMENTATION OF 

4 THE ANTIGUA CONVENTION 

5 SEC. 401. SHORT TITLE; REFERENCES TO THE TUNA CON6 VENTIONS ACT OF 1950. 

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

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

9 (b) REFERENCES TO THE TUNA CONVENTIONS ACT

10 OF 1950.—Except as otherwise expressly provided, when11 ever in this title an amendment or repeal is expressed in 

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

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

14 a section or other provision of the Tuna Conventions Act 

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

16 SEC. 402. DEFINITIONS. 

17 Section 2 (16 U.S.C. 951) is amended to read as fol18 lows: 

19 ‘‘SEC. 2. DEFINITIONS. 

20 ‘‘In this Act: 

21 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Anti22 gua Convention’ means the Convention for the 

23 Strengthening of the Inter-American Tropical Tuna 

24 Commission Established by the 1949 Convention 

25 Between the United States of America and the ReVerDate Mar 15 2010 00:13 Dec 18, 2013 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6401 E:\BILLS\S269.RS S269

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1 public of Costa Rica, signed at Washington, Novem2 ber 14, 2003. 

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

4 means the Inter-American Tropical Tuna Commis5 sion provided for by the Convention. 

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

7 means— 

8 ‘‘(A) the Convention for the Establishment 

9 of an Inter-American Tropical Tuna Commis10 sion, signed at Washington, May 31, 1949, by 

11 the United States of America and the Republic 

12 of Costa Rica; 

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

14 entry into force for the United States, and any 

15 amendments thereto that are in force for the 

16 United States; or 

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

18 the context requires. 

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

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

21 land on, bring into, or introduce into, any place sub22 ject to the jurisdiction of the United States, whether 

23 or not such landing, bringing, or introduction con24 stitutes an importation within the meaning of the 

25 customs laws of the United States. 


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1 ‘‘(5) PERSON.—The term ‘person’ means an in2 dividual, partnership, corporation, or association 

3 subject to the jurisdiction of the United States. 

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

5 States’ includes all areas under the sovereignty of 

6 the United States. 

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

8 term ‘United States Commissioners’ means the 

9 members of the Commission. 

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

11 ‘United States Section’ means the United States 

12 Commissioners to the Commission and a designee of 

13 the Secretary of State.’’. 

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

15 QUALIFICATIONS. 

16 Section 3 (16 U.S.C. 952) is amended to read as fol17 lows: 

18 ‘‘SEC. 3. COMMISSIONERS. 

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

20 represented on the Commission by 5 United States Com21 missioners. The President shall appoint individuals to 

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

23 In making the appointments, the President shall select 

24 Commissioners from among individuals who are knowl25 edgeable or experienced concerning highly migratory fish 


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

2 shall be an officer or employee of the Department of Com3 merce, 1 of which shall be the chairman or a member of 

4 the Western Pacific Fishery Management Council, and 1 

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

6 Fishery Management Council. Not more than 2 Commis7 sioners may be appointed who reside in a State other than 

8 a State whose vessels maintain a substantial fishery in the 

9 area of the Convention. 

10 ‘‘(b) ALTERNATE UNITED STATES COMMIS11 SIONERS.—The Secretary of State, in consultation with 

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

13 periods of time deemed appropriate Alternate United 

14 States Commissioners to the Commission. Any Alternate 

15 United States Commissioner may exercise, at any meeting 

16 of the Commission or of the General Advisory Committee 

17 or Scientific Advisory Subcommittee established pursuant 

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

19 Commissioner in the absence of any Commissioner ap20 pointed pursuant to subsection (a) of this section for what21 ever reason. The number of such Alternate United States 

22 Commissioners that may be designated for any such meet23 ing shall be limited to the number of United States Com24 missioners appointed pursuant to subsection (a) of this 

25 section who will not be present at such meeting. 


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1 ‘‘(c) ADMINISTRATIVE MATTERS.— 

2 ‘‘(1) EMPLOYMENT STATUS.—Individuals serv3 ing as such Commissioners, other than officers or 

4 employees of the United States Government, shall 

5 not be considered Federal employees except for the 

6 purposes of injury compensation or tort claims liabil7 ity as provided in chapter 81 of title 5, United 

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

9 States Code. 

10 ‘‘(2) COMPENSATION.—The United States Com11 missioners or Alternate United States Commis12 sioners, although officers of the United States while 

13 so serving, shall receive no compensation for their 

14 services as such United States Commissioners or Al15 ternate United States Commissioners. 

16 ‘‘(3) TRAVEL EXPENSES.— 

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

18 necessary travel expenses of United States 

19 Commissioners and Alternate United States 

20 Commissioners to meetings of the Commission 

21 and other meetings the Secretary deems nec22 essary to fulfill their duties, in accordance with 

23 the Federal Travel Regulations and sections 

24 5701, 5702, 5704 through 5708, and 5731 of 

25 title 5, United States Code. 


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1 ‘‘(B) The Secretary may reimburse the 

2 Secretary of State for amounts expended by the 

3 Secretary of State under this subsection.’’. 

4 SEC. 404. GENERAL ADVISORY COMMITTEE AND SCI5 ENTIFIC ADVISORY SUBCOMMITTEE. 

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

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

8 following: 

9 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

10 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPA11 TION.— 

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

13 consultation with the Secretary of State, shall 

14 appoint a General Advisory Committee which 

15 shall consist of not more than 25 individuals 

16 who shall be representative of the various 

17 groups concerned with the fisheries covered by 

18 the Convention, including nongovernmental con19 servation organizations, providing to the max20 imum extent practicable an equitable balance 

21 among such groups. Members of the General 

22 Advisory Committee will be eligible to partici23 pate as members of the U.S. delegation to the 

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1 tent the Commission rules and space for delega2 tions allow. 

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

4 of the Pacific Fishery Management Council’s 

5 Advisory Subpanel for Highly Migratory Fish6 eries and the chair of the Western Pacific Fish7 ery Management Council’s Advisory Committee 

8 shall be members of the General Advisory Com9 mittee by virtue of their positions in those 

10 Councils. 

11 ‘‘(C) TERMS.—Each member of the Gen12 eral Advisory Committee appointed under sub13 paragraph (A) shall serve for a term of 3 years 

14 and shall be eligible for reappointment. 

15 ‘‘(D) NON-EXECUTIVE MEETINGS OF THE

16 UNITED STATES SECTION.—The General Advi17 sory Committee shall be invited to attend all 

18 non-executive meetings of the United States 

19 Section and at such meetings shall be given op20 portunity to examine and to be heard on all 

21 proposed programs of investigation, reports, 

22 recommendations, and regulations of the Com23 mission. 

24 ‘‘(E) PUBLIC PARTICIPATION.—The Gen25 eral Advisory Committee shall determine its orVerDate Mar 15 2010 00:13 Dec 18, 2013 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6401 E:\BILLS\S269.RS S269

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1 ganization, and prescribe its practices and pro2 cedures for carrying out its functions under this 

3 chapter, the Magnuson-Stevens Fishery Con4 servation and Management Act (16 U.S.C. 

5 1801 et seq.), and the Convention. The General 

6 Advisory Committee shall publish and make 

7 available to the public a statement of its organi8 zation, practices and procedures. Meetings of 

9 the General Advisory Committee, except when 

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

11 and prior notice of meetings shall be made pub12 lic in timely fashion. The General Advisory 

13 Committee shall not be subject to the Federal 

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

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

16 and the Secretary of State shall furnish the General 

17 Advisory Committee with relevant information con18 cerning fisheries and international fishery agree19 ments. 

20 ‘‘(3) ADMINISTRATIVE MATTERS.— 

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

22 provide to the General Advisory Committee in a 

23 timely manner such administrative and tech24 nical support services as are necessary for its 

25 effective functioning. 


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1 ‘‘(B) COMPENSATION.—An individual ap2 pointed to serve as a member of the General 

3 Advisory Committee— 

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

5 away from home or regular place of busi6 ness to attend meetings of the General Ad7 visory Committee shall be allowed travel 

8 expenses, including per diem in lieu of sub9 sistence, in the same manner as a person 

10 employed intermittently in the Government 

11 service is allowed expenses under section 

12 5703 of title 5, United States Code; and 

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

14 employee except for the purposes of injury 

15 compensation or tort claims liability as 

16 provided in chapter 81 of title 5, United 

17 States Code, and chapter 171 of title 28, 

18 United States Code.’’; and 

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

20 precedes paragraph (2) and inserting the following: 

21 ‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.— 

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

23 with the Secretary of State, shall appoint a Scientific Ad24 visory Subcommittee of not less than 5 nor more than 15 

25 qualified scientists with balanced representation from the 


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1 public and private sectors, including nongovernmental con2 servation organizations.’’. 

3 SEC. 405. RULEMAKING. 

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

5 (1) by striking the section heading and insert6 ing the following: 

7 ‘‘SEC. 6. RULEMAKING.’’; 

8 and 

9 (2) by striking subsections (a) and (b) and in10 serting the following: 

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

12 with the Secretary of State and, with respect to enforce13 ment measures, the Secretary of the Department in which 

14 the Coast Guard is operating, may promulgate such regu15 lations as may be necessary to carry out the United States 

16 international obligations under the Convention and this 

17 Act, including recommendations and decisions adopted by 

18 the Commission. In cases where the Secretary has discre19 tion in the implementation of one or more measures adopt20 ed by the Commission that would govern fisheries under 

21 the authority of a Regional Fishery Management Council, 

22 the Secretary may, to the extent practicable within the im23 plementation schedule of the Convention and any rec24 ommendations and decisions adopted by the Commission, 

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1 dures established by the Magnuson-Stevens Fishery Con2 servation and Management Act (16 U.S.C. 1801 et seq.). 

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

4 regulations applicable to all vessels and persons subject 

5 to the jurisdiction of the United States, including United 

6 States flag vessels wherever they may be operating, on 

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

8 SEC. 406. PROHIBITED ACTS. 

9 Section 8 (16 U.S.C. 957) is amended to read as fol10 lows: 

11 ‘‘SEC. 8. PROHIBITED ACTS. 

12 ‘‘It is unlawful for any person— 

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

14 any regulation or permit issued pursuant to this Act; 

15 ‘‘(2) to use any fishing vessel to engage in fish16 ing after the revocation, or during the period of sus17 pension, of an applicable permit issued pursuant to 

18 this Act; 

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

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

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

22 such person’s control for the purposes of conducting 

23 any search, investigation or inspection in connection 

24 with the enforcement of this Act or any regulation, 

25 permit, or the Convention; 


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

2 intimidate, sexually harass, bribe, or interfere with 

3 any such authorized officer in the conduct of any 

4 search, investigations or inspection in connection 

5 with the enforcement of this Act or any regulation, 

6 permit, or the Convention; 

7 ‘‘(5) to resist a lawful arrest for any act prohib8 ited by this Act; 

9 ‘‘(6) to ship, transport, offer for sale, sell, pur10 chase, import, export, or have custody, control, or 

11 possession of, any fish taken or retained in violation 

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

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

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

15 means, the apprehension or arrest of another person, 

16 knowing that such other person has committed any 

17 act prohibited by this section; 

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

19 Secretary false information regarding any matter 

20 that the Secretary is considering in the course of 

21 carrying out this Act; 

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

23 intimidate, sexually harass, bribe, or interfere with 

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

25 collector employed by the National Marine Fisheries 


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1 Service or under contract to any person to carry out 

2 responsibilities under this Act; 

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

4 regulation adopted pursuant to section 6 of this Act; 

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

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

7 or control any fish taken or retained in violation of 

8 such regulations; 

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

10 catch returns, statistical records, or other reports as 

11 are required by regulations adopted pursuant to this 

12 Act to be made, kept, or furnished; 

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

14 and instructed to stop by a duly authorized official 

15 of the United States; or 

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

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

18 in any form of those species subject to regulation 

19 pursuant to a recommendation, resolution, or deci20 sion of the Commission, or any tuna in any form not 

21 under regulation but under investigation by the 

22 Commission, during the period such fish have been 

23 denied entry in accordance with the provisions of 

24 section 6 of this Act, unless such person provides 

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1 quire that a fish described in this paragraph offered 

2 for entry into the United States is not ineligible for 

3 such entry under the terms of section 6 of this 

4 Act.’’. 

5 SEC. 407. ENFORCEMENT. 

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

7 follows: 

8 ‘‘SEC. 10. ENFORCEMENT. 

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

10 International Fisheries Stewardship and Enforcement 

11 Act.’’. 

12 SEC. 408. REDUCTION OF BYCATCH. 

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

14 ‘‘vessel’’ and inserting ‘‘vessels’’. 

15 SEC. 409. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

16 ACT OF 1984. 

17 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

19 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

21 ‘‘International Fisheries Stewardship and Enforcement 

22 Act’’. 

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

24 Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

Sec. 410. Conforming amendments to the Marine Mammal Protection Act of 

1972. 

1 TITLE I—ADMINISTRATION AND 

2 ENFORCEMENT OF CERTAIN 

3 FISHERY AND RELATED STAT4 UTES 

5 SEC. 101. AUTHORITY OF THE SECRETARY OF COMMERCE 

6 TO ENFORCE STATUTES. 

7 (a) IN GENERAL.— 

8 (1) ENFORCEMENT.—The Secretary of Commerce 

9 and the Secretary of the department in which the 

10 Coast Guard is operating shall enforce the Acts to 


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1 which this section applies in accordance with the pro2 visions of this section. 

3 (2) NONDEPARTMENTAL RESOURCES.—The Sec4 retary of Commerce may, by agreement, on a reim5 bursable basis or otherwise, utilize the personnel serv6 ices, equipment (including aircraft and vessels), and 

7 facilities of any other Federal agency, including all 

8 elements of the Department of Defense, and of any 

9 State agency, in carrying out this section. 

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

11 (A) the High Seas Driftnet Fishing Morato12 rium Protection Act (16 U.S.C. 1826d et seq.); 

13 (B) the Pacific Salmon Treaty Act of 1985 

14 (16 U.S.C. 3631 et seq.); 

15 (C) the Dolphin Protection Consumer Infor16 mation Act (16 U.S.C. 1385); 

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

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

19 (E) the North Pacific Anadromous Stocks 

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

21 (F) the South Pacific Tuna Act of 1988 (16 

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

23 (G) the Antarctic Marine Living Resources 

24 Convention Act of 1984 (16 U.S.C. 2431 et seq.); 


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1 (H) the Atlantic Tunas Convention Act of 

2 1975 (16 U.S.C. 971 et seq.); 

3 (I) the Northwest Atlantic Fisheries Conven4 tion Act of 1995 (16 U.S.C. 5601 et seq.); 

5 (J) the Western and Central Pacific Fish6 eries Convention Implementation Act (16 U.S.C. 

7 6901 et seq.); 

8 (K) the Northern Pacific Halibut Act of 

9 1982 (16 U.S.C. 773 et seq.); 

10 (L) the Antigua Convention Implementing 

11 Act of 2013; and 

12 (M) any other Act in pari materia, so des13 ignated by the Secretary after notice and an op14 portunity for a hearing. 

15 (b) ADMINISTRATION AND ENFORCEMENT.—The Sec16 retary of Commerce shall prevent any person from violating 

17 any Act to which this section applies in the same manner, 

18 by the same means, and with the same jurisdiction, powers, 

19 and duties as though sections 308 through 311 of the Mag20 nuson-Stevens Fishery Conservation and Management Act 

21 (16 U.S.C. 1858 through 1861) were incorporated into and 

22 made a part of each such Act. Except as provided in sub23 section (c), any person that violates any Act to which this 

24 section applies shall be subject to the penalties, and entitled 

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1 son-Stevens Fishery Conservation and Management Act (16 

2 U.S.C. 1801 et seq.) in the same manner and by the same 

3 means as though sections 308 through 311 of that Act (16 

4 U.S.C. 1858 through 1861) were incorporated into and 

5 made a part of each such Act. 

6 (c) SPECIAL RULES.— 

7 (1) IN GENERAL.—Notwithstanding the incorpo8 ration by reference of certain sections of the Magnu9 son-Stevens Fishery Conservation and Management 

10 Act under subsection (b), if there is a conflict between 

11 a provision of this subsection and the corresponding 

12 provision of any section of the Magnuson-Stevens 

13 Fishery Conservation and Management Act so incor14 porated, the provision of this subsection shall apply. 

15 (2) ADDITIONAL ENFORCEMENT AUTHORITY.—In 

16 addition to the powers of officers authorized pursuant 

17 to subsection (b), any officer who is authorized by the 

18 Secretary, or the head of any Federal or State agency 

19 that has entered into an agreement with the Secretary 

20 under subsection (a) to enforce the provisions of any 

21 Act to which this section applies may, with the same 

22 jurisdiction, powers, and duties as though section 311 

23 of the Magnuson-Stevens Fishery Conservation and 

24 Management Act (16 U.S.C. 1861) were incorporated 

25 into and made a part of each such Act— 


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1 (A) search or inspect any facility or convey2 ance used or employed in, or which reasonably 

3 appears to be used or employed in, the storage, 

4 processing, transport, or trade of fish or fish 

5 products; 

6 (B) inspect records pertaining to the stor7 age, processing, transport, or trade of fish or fish 

8 products; 

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

10 any shipment of fish or fish product imported 

11 into, landed on, introduced into, exported from, 

12 or transported within the jurisdiction of the 

13 United States, or, if such fish or fish product is 

14 deemed to be perishable, sell and retain the pro15 ceeds therefrom for a period of up to 14 days; 

16 (D) carry firearms and make an arrest, in 

17 accordance with any guidelines which may be 

18 issued by the Attorney General, for any offense 

19 under the laws of the United States committed 

20 in the officer’s presence, or for the commission of 

21 any felony under the laws of the United States, 

22 if the officer has reasonable grounds to believe 

23 that the person to be arrested has committed or 

24 is committing a felony; 


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1 (E) search and seize, in accordance with 

2 any guidelines which may be issued by the Attor3 ney General; and 

4 (F) execute and serve any subpoena, arrest 

5 warrant, search warrant issued in accordance 

6 with rule 41 of the Federal Rules of Criminal 

7 Procedure, or other warrant or civil or criminal 

8 process issued by any officer or court of com9 petent jurisdiction. 

10 (3) NORTHERN PACIFIC HALIBUT ACT OF 1982.— 

11 Notwithstanding the provisions of subsection (b)— 

12 (A) any person who is found by the Sec13 retary, after notice and opportunity for a hear14 ing in accordance with section 554 of title 5, 

15 United States Code, to have committed an act 

16 prohibited under section 7 of the Northern Pa17 cific Halibut Act of 1982 (16 U.S.C. 773e) shall 

18 be liable to the United States for a civil penalty 

19 under section 8 of that Act (16 U.S.C. 773f); 

20 (B) any act prohibited under subpara21 graphs (B), (C), (D), or (F) of section 7(1) or 

22 section 7(2) of the Northern Pacific Halibut Act 

23 of 1982 (16 U.S.C. 773e) is punishable under 

24 section 9 of that Act (16 U.S.C. 773g); and 


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1 (C) the Secretary, in cooperation with such 

2 other agencies as may be appropriate, may con3 duct or cause to be conducted investigations in 

4 accordance with section 11(d) of the Northern 

5 Pacific Halibut Act of 1982 (16 U.S.C. 773i(d)) 

6 as are deemed necessary to carry out the pur7 poses of the Northern Pacific Halibut Act of 

8 1982 (16 U.S.C. 773 et seq.). 

9 (4) INFORMATION COLLECTION, MAINTENANCE

10 AND USE.— 

11 (A) IN GENERAL.—The Secretary of Com12 merce and the head of each department and 

13 agency providing personnel for the task force 

14 under section 201, to the maximum extent per15 missible under law, shall share all applicable in16 formation, intelligence, and data, related to the 

17 harvest, transportation, or trade of fish and fish 

18 product for the purposes under section 201(a)(2). 

19 (B) COORDINATION OF DATA.—The Sec20 retary of Commerce, through the task force under 

21 section 201, shall coordinate the collection, stor22 age, analysis, and dissemination of all applica23 ble information, intelligence, and data related to 

24 the harvest, transportation, or trade of fish and 


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1 fish product collected or maintained by a mem2 ber agency of the task force. 

3 (C) CONFIDENTIALITY.—The Secretary of 

4 Commerce, through the task force under section 

5 201, shall ensure the protection and confiden6 tiality required by law for information, intel7 ligence, and data related to the harvest, trans8 portation, or trade of fish and fish product ob9 tained by the task force. 

10 (D) DATA STANDARDIZATION.—The Sec11 retary of Commerce and the head of each depart12 ment and agency providing personnel for the 

13 task force, to the maximum extent practicable, 

14 shall develop data standardization for fisheries 

15 related data for each member agency of the task 

16 force under section 201 and with international 

17 fisheries enforcement databases as appropriate. 

18 (E) ASSISTANCE FROM INTELLIGENCE COM19 MUNITY.—Upon request of the Secretary of Com20 merce, elements of the intelligence community (as 

21 defined in section 3(4) of the National Security 

22 Act of 1947 (50 U.S.C. 401a(4))) shall collect in23 formation related to illegal, unreported, or un24 regulated fishing activity outside the United 

25 States about individuals who are not United 


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1 States persons (as defined in section 105A(c)(2) 

2 of such Act (50 U.S.C. 403–5a(c)(2))). Such ele3 ments of the intelligence community shall collect 

4 and share such information with the Secretary 

5 through the task force under section 201 of this 

6 Act for law enforcement purposes in order to de7 tect and investigate illegal, unreported, or un8 regulated fishing activities and to carry out the 

9 provisions of this Act. All collection and sharing 

10 of information shall be in accordance with the 

11 National Security Act of 1947 (50 U.S.C. 401 et 

12 seq.). 

13 (F) INFORMATION SHARING.— 

14 (i) IN GENERAL.—Subject to clause 

15 (ii), the Secretary of Commerce, through the 

16 task force under section 201, shall have au17 thority to share fisheries-related data 

18 with— 

19 (I) other Federal or State govern20 ment agencies; 

21 (II) foreign governments; 

22 (III) the Food and Agriculture 

23 Organization formed at Quebec, Can24 ada, on October 16, 1945; or 


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1 (IV) the secretariat or equivalent 

2 of an international fisheries manage3 ment organization or arrangement 

4 made pursuant to an international 

5 fishery agreement. 

6 (ii) LIMITATIONS.—An entity listed 

7 under clause (i) may receive data under 

8 this subparagraph if— 

9 (I) the entity has policies and 

10 procedures to safeguard such data from 

11 unintended or unauthorized disclosure; 

12 and 

13 (II) the exchange of information 

14 is necessary— 

15 (aa) to ensure compliance 

16 with any law (including regula17 tions) enforced or administered by 

18 the Secretary of Commerce; 

19 (bb) to administer or enforce 

20 treaties to which the United 

21 States is a party; 

22 (cc) to administer or enforce 

23 binding conservation measures 

24 adopted by any international or25 ganization or arrangement to 


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1 which the United States is a 

2 party; 

3 (dd) to assist in investiga4 tive, judicial, or administrative 

5 enforcement proceedings in the 

6 United States; or 

7 (ee) to assist in any fisheries 

8 or living marine resource related 

9 law enforcement action under10 taken by a law enforcement agen11 cy of a foreign government, or in 

12 relation to a legal proceeding un13 dertaken by a foreign government. 

14 (d) DISTRICT COURT JURISDICTION.—The several dis15 trict courts of the United States shall have jurisdiction over 

16 any actions arising under this section. For the purpose of 

17 this section, American Samoa shall be included within the 

18 judicial district of the District Court of the United States 

19 for the District of Hawaii. Each violation shall be a sepa20 rate offense and the offense shall be deemed to have been 

21 committed not only in the district where the violation first 

22 occurred, but also in any other district as authorized by 

23 law. Any offenses not committed in any district are subject 

24 to the venue provisions of section 3238 of title 18, United 

25 States Code. 


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

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

3 for any person— 

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

5 any Act to which this section applies or any regula6 tion promulgated thereunder; 

7 (2) to refuse to permit any authorized enforce8 ment officer to board, search, or inspect a vessel, con9 veyance, or shoreside facility that is subject to the 

10 person’s control for purposes of conducting any 

11 search, investigation, or inspection in connection with 

12 the enforcement of this section or any Act to which 

13 this section applies or any regulation promulgated 

14 thereunder; 

15 (3) to forcibly assault, resist, oppose, impede, in16 timidate, or interfere with any such authorized officer 

17 in the conduct of any search, investigation, or inspec18 tion described in paragraph (2); 

19 (4) to resist a lawful arrest for any act prohib20 ited by this section or any Act to which this section 

21 applies; 

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

23 means, the apprehension, arrest, or detection of an24 other person, knowing that such person has committed 


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

2 this section applies; 

3 (6) to forcibly assault, resist, oppose, impede, in4 timidate, sexually harass, bribe, or interfere with any 

5 observer on a vessel under this section or any Act to 

6 which this section applies, or any data collector em7 ployed by or under contract to the National Marine 

8 Fisheries Service to carry out responsibilities under 

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

10 (7) to import, export, transport, sell, receive, ac11 quire, or purchase in interstate or foreign commerce 

12 any fish or fish product taken, possessed, transported, 

13 or sold in violation of any treaty or binding con14 servation measure adopted pursuant to an inter15 national agreement or organization to which the 

16 United States is a party; or 

17 (8) to make or submit any false record, account, 

18 or label for, or any false identification of, any fish or 

19 fish product (including false identification of the spe20 cies, harvesting vessel or nation, or the location where 

21 harvested) which has been, or is intended to be im22 ported, exported, transported, sold, offered for sale, 

23 purchased, or received in interstate or foreign com24 merce. 


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

2 promulgate such regulations, in accordance with section 

3 553 of title 5, United States Code, as may be necessary to 

4 carry out this section or any Act to which this section ap5 plies. 

6 SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMEND7 MENTS. 

8 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

9 PROTECTION ACT.— 

10 (1) Section 606 of the High Seas Driftnet Fish11 ing Moratorium Protection Act (16 U.S.C. 1826g) is 

12 amended— 

13 (A) by inserting ‘‘(a) DETECTING, MONI14 TORING, AND PREVENTING VIOLATIONS.—’’ be15 fore ‘‘The President’’; and 

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

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

18 section 101 of the International Fisheries Stewardship and 

19 Enforcement Act.’’. 

20 (2) Section 607 of the High Seas Driftnet Fish21 ing Moratorium Protection Act (16 U.S.C. 1826h) is 

22 amended by inserting ‘‘not later than June 1’’ after 

23 ‘‘2006, and’’. 

24 (3) Section 607(2) of the High Seas Driftnet 

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


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1 1826h(2)) is amended by striking ‘‘whose vessels’’ and 

2 inserting ‘‘that’’. 

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

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

5 1826j(a)) is amended to read as follows: 

6 ‘‘(a) IDENTIFICATION.— 

7 ‘‘(1) IN GENERAL.—The Secretary shall identify, 

8 and list in the report under section 607, a nation if 

9 that nation is engaged, or has been engaged at any 

10 time during the preceding 3 years, in illegal, unre11 ported, or unregulated fishing and— 

12 ‘‘(A) such fishing undermines the effective13 ness of measures required under the relevant 

14 international fishery management organization; 

15 ‘‘(B) the relevant international fishery 

16 management organization has failed to imple17 ment effective measures to end the illegal, unre18 ported, or unregulated fishing activity by vessels 

19 of that nation, or the nation is not a party to, 

20 or does not maintain cooperating status with, 

21 such organization; or 

22 ‘‘(C) there is no international fishery man23 agement organization with a mandate to regu24 late the fishing activity in question. 


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1 ‘‘(2) OTHER IDENTIFYING ACTIVITIES.—The Sec2 retary shall also identify, and list in the report under 

3 section 607, a nation if— 

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

5 time during the preceding 3 years, conservation 

6 and management measures required under an 

7 international fishery management agreement to 

8 which the United States is a party and the vio9 lations undermine the effectiveness of such meas10 ures, taking into account the factors described in 

11 paragraph (1); or 

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

13 during the preceding 3 years, to effectively ad14 dress or regulate illegal, unreported, or unregu15 lated fishing. 

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

17 THEY WERE NATIONS.—Where the provisions of this 

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

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

20 other entity that is competent to enter into an inter21 national fishery management agreement.’’. 

22 (5) Section 609(d)(1) of the High Seas Driftnet 

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

24 1826j(d)(1)) is amended by striking ‘‘of its fishing 

25 vessels’’ each place it appears. 


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1 (6) Section 609(d)(2) of the High Seas Driftnet 

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

3 1826j(d)(2)) is amended— 

4 (A) by striking ‘‘procedure for certifi5 cation,’’ and inserting ‘‘procedure,’’; 

6 (B) by striking ‘‘basis of fish’’ and inserting 

7 ‘‘basis, for allowing importation of fish’’; 

8 (C) by striking ‘‘harvesting nation not cer9 tified under paragraph (1)’’ and inserting ‘‘na10 tion issued a negative certification under para11 graph (1)’’; and 

12 (D) in subparagraph (A), by striking 

13 ‘‘under an international fishery management 

14 agreement to which the United States is a party; 

15 or’’ and inserting ‘‘; and’’. 

16 (7) Section 610(a) of the High Seas Driftnet 

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

18 1826k(a)) is amended— 

19 (A) by striking ‘‘calendar year’’ each place 

20 it appears and inserting ‘‘3 years’’; and 

21 (B) in paragraph (1), by striking ‘‘prac22 tices;’’ and inserting ‘‘practices—’’. 

23 (8) Section 610(c)(5) of the High Seas Driftnet 

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

25 1826k(c)(5)) is amended by striking ‘‘or fish or fish 


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1 products not caught by the vessels engaged in illegal, 

2 unreported, or unregulated fishing’’. 

3 (b) DOLPHIN PROTECTION CONSUMER INFORMATION

4 ACT.—Section 901 of the Dolphin Protection Consumer In5 formation Act (16 U.S.C. 1385) is amended— 

6 (1) by adding at the end of subsection (d) the fol7 lowing: 

8 ‘‘(4) It is a violation of section 101 of the Inter9 national Fisheries Stewardship and Enforcement Act 

10 for any person to assault, resist, oppose, impede, in11 timidate, or interfere with an authorized officer in the 

12 conduct of any search, investigation or inspection 

13 under this Act.’’ and 

14 (2) by amending subsection (e) to read as fol15 lows: 

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

17 section 101 of the International Fisheries Stewardship and 

18 Enforcement Act.’’. 

19 (c) NORTH PACIFIC ANADROMOUS STOCKS ACT OF

20 1992.— 

21 (1) UNLAWFUL ACTIVITIES.—Section 810 of the 

22 North Pacific Anadromous Stocks Act of 1992 (16 

23 U.S.C. 5009) is amended— 

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

25 (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.—Sec8 tion 811 of the North Pacific Anadromous Stocks Act 

9 of 1992 (16 U.S.C. 5010) is amended to read as fol10 lows: 

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 Act 

4 shall be enforced under section 101 of the International 

5 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.—The 

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

22 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 CONVEN6 TION ACT OF 1984.— 

7 (1) UNLAWFUL ACTIVITIES.—Section 306 of the 

8 Antarctic Marine Living Resources Convention Act 

9 (16 U.S.C. 2435) is amended— 

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

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

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

13 or inspection’’ and inserting ‘‘search, investiga14 tion, or inspection’’; and 

15 (C) in paragraph (5), by striking ‘‘search or 

16 inspection’’ and inserting ‘‘search, investigation, 

17 or inspection’’. 

18 (2) REGULATIONS.—Section 307 of the Antarctic 

19 Marine Living Resources Convention Act (16 U.S.C. 

20 2436) is amended by inserting after ‘‘title.’’ the fol21 lowing: ‘‘Notwithstanding the provisions of sub22 sections (b) and (c) of section 553 of title 5, United 

23 States Code, the Secretary of Commerce may publish 

24 in the Federal Register a final rule to implement con25 servation measures that are in effect for 12 months or 

26 less, adopted by the Commission, and not objected to 


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1 by the United States within the time period allotted 

2 under Article IX of the Convention.’’. 

3 (3) PENALTIES AND ENFORCEMENT.—The Ant4 arctic Marine Living Resources Convention Act (16 

5 U.S.C. 2431 et seq.) is amended— 

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

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

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

9 (i) by striking subsections (b), (c), and 

10 (d); 

11 (ii) by redesignating subsection (e) as 

12 subsection (c); and 

13 (iii) by inserting after subsection (a) 

14 the following: 

15 ‘‘(b) ADMINISTRATION AND ENFORCEMENT.—This title 

16 shall be enforced under section 101 of the International 

17 Fisheries Stewardship and Enforcement Act.’’. 

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

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

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

21 amended— 

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

23 (B) by redesignating subsection (g) as sub24 section (e). 


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

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

3 amended— 

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

5 (B) by striking ‘‘(b) INTERNATIONAL EN6 FORCEMENT.—’’ in subsection (b) and inserting 

7 ‘‘This Act shall be enforced under section 101 of 

8 the International Fisheries Stewardship and En9 forcement Act.’’; and 

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

11 carry out the enforcement activities specified in 

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

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

14 (h) NORTHWEST ATLANTIC FISHERIES CONVENTION

15 ACT OF 1995.—Section 207 of the Northwest Atlantic Fish16 eries Convention Act of 1995 (16 U.S.C. 5606) is amend17 ed— 

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

19 PENALTIES.’’ and inserting ‘‘AND ENFORCE20 MENT.’’; 

21 (2) in subsection (a)— 

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

23 paragraph (2) and inserting ‘‘search, investiga24 tion, or inspection’’; and 


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

2 paragraph (3) and inserting ‘‘search, investiga3 tion, or inspection’’; and 

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

5 inserting the following: 

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

7 shall be enforced under section 101 of the International 

8 Fisheries Stewardship and Enforcement Act.’’. 

9 (i) WESTERN AND CENTRAL PACIFIC FISHERIES CON10 VENTION IMPLEMENTATION ACT.— 

11 (1) ADMINISTRATION AND ENFORCEMENT.—Sec12 tion 506(c) of the Western and Central Pacific Fish13 eries Convention Implementation Act (16 U.S.C. 

14 6905(c)) is amended to read as follows: 

15 ‘‘(c) ADMINISTRATION AND ENFORCEMENT.—This title 

16 shall be enforced under section 101 of the International 

17 Fisheries Stewardship and Enforcement Act.’’. 

18 (2) PROHIBITED ACTS.—Section 507(a)(2) of the 

19 Western and Central Pacific Fisheries Convention 

20 Implementation Act (16 U.S.C. 6906(a)(2)) is amend21 ed by striking ‘‘suspension, on’’ and inserting ‘‘sus22 pension of’’. 

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


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1 (1) PROHIBITED ACTS.—Section 7 of the North2 ern Pacific Halibut Act of 1982 (16 U.S.C. 773e) is 

3 amended— 

4 (A) by redesignating paragraphs (1) 

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

6 (A) through (F), respectively; 

7 (B) by redesignating subsections (a) and (b) 

8 as paragraphs (1) and (2), respectively; 

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

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

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

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

13 by striking ‘‘search or inspection described in 

14 paragraph (2)’’ and inserting ‘‘search, investiga15 tion, or inspection described in subparagraph 

16 (B)’’. 

17 (2) ADMINISTRATION AND ENFORCEMENT.—The 

18 Northern Pacific Halibut Act of 1982 (16 U.S.C. 773 

19 et seq.) is amended— 

20 (A) in section 8 (16 U.S.C. 773f)— 

21 (i) by striking the subsection designa22 tion and heading preceding the text of sub23 section (a); and 

24 (ii) by striking subsections (b) through 

25 (e); 


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1 (B) in section 9(a) (16 U.S.C. 773g(a)), by 

2 striking ‘‘section 7(a)(2), (3), (4), or (6); or sec3 tion 7(b)’’ and inserting ‘‘section 7(1)(B), (C), 

4 (D), or (F) or section 7(2)’’; 

5 (C) by striking section 10 (16 U.S.C. 773h); 

6 and 

7 (D) in section 11 (16 U.S.C. 773i)— 

8 (i) by striking subsections (b) through 

9 (d) of section 11 (16 U.S.C. 773i) and in10 serting the following: 

11 ‘‘(b) ADMINISTRATION AND ENFORCEMENT.—This Act 

12 shall be enforced under section 101 of the International 

13 Fisheries Stewardship and Enforcement Act.’’; and 

14 (ii) by redesignating subsections (e) 

15 and (f) as subsections (c) and (d), respec16 tively. 

17 (k) NATIONAL SEA GRANT COLLEGE PROGRAM REAU18 THORIZATION ACT OF 1998.—Section 10 of the National 

19 Sea Grant College Program Reauthorization Act of 1998 

20 (15 U.S.C. 1541) is amended by striking ‘‘the United States 

21 Coast Guard’’ each place it appears and inserting ‘‘another 

22 Federal agency’’. 


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1 SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISH2 ING. 

3 (a) AMENDMENT OF THE HIGH SEAS DRIFTNET FISH4 ING MORATORIUM PROTECTION ACT.— 

5 (1) Section 608 of the High Seas Driftnet Fish6 ing Moratorium Protection Act (16 U.S.C. 1826i), as 

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

8 amended by adding at the end the following: 

9 ‘‘(c) VESSELS AND VESSEL OWNERS ENGAGED IN IL10 LEGAL, UNREPORTED, OR UNREGULATED FISHING.—The 

11 Secretary may— 

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

13 of vessels and vessel owners that are engaged, or have 

14 been engaged at any point during the preceding 2 

15 years, in illegal, unreported, or unregulated fishing, 

16 including vessels or vessel owners identified by an 

17 international fishery management organization or ar18 rangement made pursuant to an international fishery 

19 agreement, whether or not the United States is a 

20 party to such organization or arrangement; 

21 ‘‘(2) take appropriate action against listed ves22 sels and vessel owners, including action against fish, 

23 fish parts, or fish products from such vessels, in ac24 cordance with applicable United States law and con25 sistent with applicable international law, including 

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1 plicable international fishery management and trade 

2 agreements; and 

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

4 and vessel owners identified by international fishery 

5 management organizations or arrangements made 

6 pursuant to an international fishery agreement as 

7 having been engaged in illegal, unreported, or unregu8 lated fishing, as well as any measures adopted by 

9 such organizations or arrangements to address illegal, 

10 unreported, or unregulated fishing. 

11 ‘‘(d) RESTRICTIONS ON PORT ACCESS OR USE.—Ac12 tion taken by the Secretary under subsection (c)(2) that in13 cludes measures to restrict use of or access to ports or port 

14 services shall apply to all ports of the United States and 

15 its territories. 

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

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

18 (2) Section 609 of the High Seas Driftnet Fish19 ing Moratorium Protection Act (16 U.S.C. 1826j) is 

20 amended— 

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

22 ‘‘that has not been certified by the Secretary 

23 under this subsection, or’’; 

24 (B) in subsection (e)(2), by striking ‘‘With25 in 3 months after the date of enactment of the 


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1 Magnuson-Stevens Fishery Conservation and 

2 Management Reauthorization Act of 2006’’ and 

3 inserting ‘‘Not later than 180 days after the date 

4 of enactment of the International Fisheries Stew5 ardship and Enforcement Act’’; and 

6 (C) in subsection (e)(3)— 

7 (i) by striking ‘‘and’’ at the end of sub8 paragraph (B); 

9 (ii) by striking ‘‘agreement.’’ and in10 serting ‘‘agreement; and’’; and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(D) to the extent possible— 

14 ‘‘(i) fishing activities conducted by for15 eign vessels in waters under the jurisdiction 

16 of a nation without permission of that na17 tion; and 

18 ‘‘(ii) fishing activities conducted by 

19 foreign vessels in contravention of a na20 tion’s laws (including regulations), includ21 ing fishing activity that has not been re22 ported or that has been misreported to the 

23 relevant national authority of a nation in 

24 contravention of that nation’s laws (includ25 ing 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 subsection, 

5 or’’. 

6 (b) AMENDMENT OF THE HIGH SEAS DRIFTNET FISH7 ERIES 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 paragraph 

12 (2) and inserting the following: 

13 ‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec14 retary of the Treasury shall, to the extent consistent 

15 with international law— 

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

18 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 that 

24 receives a negative certification under sec25 tion 609(d) or 610(c) of the High Seas 


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1 Driftnet Fishing Moratorium Protection Act 

2 (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 waters 

5 of the United States, except for the purpose of in6 specting the vessel, conducting an investigation, 

7 or taking other appropriate enforcement action.’’; 

8 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 di16 rect the Secretary of the Treasury to prohibit the 

17 importation into the United States of fish and 

18 fish products and sport fishing equipment (as 

19 that term is defined in section 4162 of the Inter20 nal Revenue Code of 1986 (26 U.S.C. 4162)) 

21 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 Act 

9 (16 U.S.C. 1826j(d)(1) and 1826k(c)(1)).’’; 

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

11 negative certification under section 

12 609(d)(1) or 610(c)(1) of the High Seas 

13 Driftnet Fishing Moratorium Protection Act 

14 (16 U.S.C. 1826j(d)(1) and 1826k(c)(1)),’’ 

15 after ‘‘paragraph (1),’’ in paragraph (4)(A); 

16 and 

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

18 and inserting the following: 

19 ‘‘(i) any prohibition established under 

20 paragraph (3) is insufficient to cause that 

21 nation— 

22 ‘‘(I) to terminate large-scale 

23 driftnet fishing conducted by its na24 tionals and vessels beyond the exclusive 

25 economic zone of any nation; 


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1 ‘‘(II) to address illegal, unre2 ported, or unregulated fishing activi3 ties for which a nation has been identi4 fied under section 609 of the High Seas 

5 Driftnet Fishing Moratorium Protec6 tion Act (16 U.S.C. 1826j); or 

7 ‘‘(III) to address bycatch of a pro8 tected living marine resource or shark 

9 catch on the high seas for which a na10 tion has been identified under section 

11 610 of such Act (16 U.S.C. 1826k); or’’. 

12 (2) Section 102 of the High Seas Driftnet Fish13 eries Enforcement Act (16 U.S.C. 1826b) is amended 

14 by striking ‘‘such nation has terminated large-scale 

15 driftnet fishing or illegal, unreported, or unregulated 

16 fishing by its nationals and vessels beyond the exclu17 sive economic zone of any nation.’’ and inserting 

18 ‘‘such nation— 

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

20 by its nationals and vessels beyond the exclusive eco21 nomic zone of any nation; 

22 ‘‘(2) has addressed illegal, unreported, or unregu23 lated fishing activities for which a nation has been 

24 identified under section 609 of the High Seas Driftnet 


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

2 1826j); or 

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

4 marine resource or shark catch on the high seas for 

5 which a nation has been identified under section 610 

6 of the High Seas Driftnet Fishing Moratorium Pro7 tection Act (16 U.S.C. 1826k).’’. 

8 SEC. 104. LIABILITY. 

9 Any claims arising from the actions of any officer, au10 thorized by the Secretary of Commerce or the Secretary of 

11 the department in which the Coast Guard is operating to 

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

13 Act applies, taken pursuant to any scheme for at-sea board14 ing and inspection authorized under any international 

15 agreement to which the United States is a party may be 

16 pursued under chapter 171 of title 28, United States Code, 

17 or such other legal authority as may be pertinent. 

18 TITLE II—LAW ENFORCEMENT 

19 AND INTERNATIONAL OPER20 ATIONS 

21 SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT. 

22 (a) ESTABLISHMENT OF INTERNATIONAL FISHERIES

23 ENFORCEMENT TASK FORCE.— 

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

25 after the date of enactment of this Act, the Secretary 


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1 of Commerce shall establish, through the National Ma2 rine Fisheries Service’s international enforcement 

3 program, an interagency International Fisheries En4 forcement Task Force. 

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

6 shall be— 

7 (A) to detect and investigate illegal, unre8 ported, or unregulated fishing activity and traf9 ficking in the resulting fish or fish product; and 

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

11 any Act to which section 101 applies. 

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

13 permanent representation from— 

14 (A) the National Marine Fisheries Service’s 

15 international enforcement program; 

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

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

18 (D) the U.S. Food and Drug Administra19 tion; and 

20 (E) such other Federal agencies as the Sec21 retary considers appropriate and necessary to 

22 carry out the purposes under paragraph (2). 

23 (b) TASK FORCE ORGANIZATION.— 

24 (1) STAFFING AND OTHER RESOURCES.—The 

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1 ment and agency identified under subsection (a)(3) 

2 shall— 

3 (A) by agreement, on a reimbursable basis 

4 or otherwise, provide permanent representation 

5 to the task force; 

6 (B) by agreement, on a reimbursable basis 

7 or otherwise, share personnel, services, equipment 

8 (including aircraft and vessels), and facilities 

9 with the task force for the purposes under sub10 section (a)(2); and 

11 (C) to the extent possible, and consistent 

12 with other applicable law, extend the authorities 

13 provided under their enabling legislation to the 

14 other departments and agencies participating in 

15 the task force. 

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

17 the head of each department and agency providing 

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

19 develop interagency plans and budgets and engage in 

20 interagency financing for such purposes. 

21 (3) 5-YEAR STRATEGIC PLAN.—Not later than 

22 180 days after the date on which the task force is es23 tablished under subsection (a), the Secretary of Com24 merce shall develop a 5-year strategic plan for guid25 ing interagency and intergovernmental international 


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1 fisheries enforcement efforts to carry out the provi2 sions of this Act. The Secretary shall update the plan 

3 periodically as necessary, but at least once every 5 

4 years. 

5 (4) COOPERATIVE ACTIVITIES.—The Secretary, 

6 in coordination with the head of each department and 

7 agency providing personnel for the task force— 

8 (A) may conduct one or more joint oper9 ations for the purposes under subsection (a)(2); 

10 (B) shall, to the maximum extent permis11 sible under law, create and participate in com12 mittees or other working groups with other Fed13 eral, State, or local governments, and with the 

14 governments of other nations for the purposes 

15 under subsection (a)(2); 

16 (C) may enter into agreements with other 

17 Federal, State, or local governments, and with 

18 the governments of other nations, on a reimburs19 able basis or otherwise, for the purposes under 

20 subsection (a)(2). 

21 (c) POWERS OF AUTHORIZED OFFICERS.—Notwith22 standing any other provision of law, while operating under 

23 an agreement with the Secretary of Commerce entered into 

24 under section 101, or while conducting a joint operation 

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1 cer shall have the powers and authority provided in section 

2 101. 

3 SEC. 202. INTERNATIONAL COOPERATION AND ASSIST4 ANCE. 

5 (a) INTERNATIONAL COOPERATION AND ASSIST6 ANCE.—The Secretary of Commerce may provide inter7 national cooperation and assistance for international ca8 pacity building efforts. 

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

10 section, the Secretary may— 

11 (1) provide technical expertise to other nations to 

12 assist them in addressing illegal, unreported, or un13 regulated fishing activities; 

14 (2) provide technical expertise to other nations to 

15 assist them in reducing the loss and environmental 

16 impacts of derelict fishing gear, reducing the bycatch 

17 of living marine resources, and promoting inter18 national marine resource conservation; 

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

20 cooperation with the International Fisheries Enforce21 ment Task Force under section 201 of this Act, to 

22 other nations to aid them in building capacity for en23 hanced fisheries management, fisheries monitoring, 

24 catch and trade tracking activities, enforcement, and 

25 international marine resource conservation; 


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1 (4) establish partnerships with other Federal 

2 agencies, as appropriate, to ensure that fisheries de3 velopment assistance to other nations is directed to4 ward efforts that promote sustainable fisheries; 

5 (5) conduct outreach and education efforts in 

6 order to promote public and private sector awareness 

7 of international fisheries sustainability issues, includ8 ing the need to combat illegal, unreported, or unregu9 lated fishing activity and to promote international 

10 marine resource conservation; and 

11 (6) use, with their consent, with reimbursement 

12 and subject to the limits of available appropriations, 

13 the land, services, equipment, personnel, and facilities 

14 of any department, agency, or instrumentality of the 

15 United States, or of any State, local government, In16 dian tribal government, Territory, or possession, or of 

17 any political subdivision thereof, or of any foreign 

18 government or international organization, for pur19 poses related to carrying out the responsibilities of 

20 any statute administered by the National Oceanic 

21 and Atmospheric Administration; and 

22 (7) accept and expend funds from other Federal 

23 agencies or foreign governments to carry out the pur24 poses of this section. 


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1 (c) GUIDELINES.—The Secretary may establish guide2 lines as necessary to implement this section. 

3 TITLE III—MISCELLANEOUS 

4 AMENDMENTS 

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

6 Section 6 of the Atlantic Tunas Convention Act of 

7 1975 (16 U.S.C. 971d(c)(2)) is amended— 

8 (1) in the first sentence— 

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

10 and 

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

12 (2) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 

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

14 ‘‘(B) The Secretary may issue final regula15 tions to implement Commission recommenda16 tions referred to in paragraph (1) of this sub17 section concerning trade restrictive measures 

18 against nations or fishing entities without re19 gard to the requirements of subparagraph (A) of 

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

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

22 SEC. 302. DATA SHARING. 

23 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

24 PROTECTION ACT.—Section 608 of the High Seas Driftnet 


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1 Fishing Moratorium Protection Act (16 U.S.C. 1826i) is 

2 amended— 

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

4 ‘‘The Secretary,’’; 

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

6 appears and inserting, ‘‘organizations, or arrange7 ments made pursuant to an international fishery 

8 agreement (as defined in section 3(24) of the Magnu9 son-Stevens Fishery Conservation and Management 

10 Act (16 U.S.C. 1802(24))),’’; 

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

12 paragraph (3); 

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

14 and inserting ‘‘territories; and’’; and 

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

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

17 fishery management organizations of which the 

18 United States is a member, bilaterally and otherwise 

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

20 and timely information— 

21 ‘‘(A) to improve the scientific under22 standing of marine ecosystems; 

23 ‘‘(B) to improve fisheries management deci24 sions; 


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1 ‘‘(C) to promote the conservation of pro2 tected living marine resources; 

3 ‘‘(D) to combat illegal, unreported, and un4 regulated fishing; and 

5 ‘‘(E) to improve compliance with conserva6 tion and management measures in international 

7 waters. 

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

9 section, the Secretary may disclose, as necessary and appro10 priate, information to the Food and Agriculture Organiza11 tion formed at Quebec, Canada, on October 16, 1945, inter12 national fishery management organizations, or arrange13 ments made pursuant to an international fishery agree14 ment, if such organizations or arrangements have policies 

15 and procedures to safeguard such information from unin16 tended or unauthorized disclosure.’’. 

17 (b) CONFORMING AMENDMENT.—Section 402(b)(1) of 

18 the Magnuson-Stevens Fishery Conservation and Manage19 ment Act (16 U.S.C. 1881a(b)(1)) is amended— 

20 (1) by striking ‘‘or’’ after the semicolon in sub21 paragraph (G); 

22 (2) by redesignating subparagraph (H) as sub23 paragraph (J); and 

24 (3) by inserting after subparagraph (G) the fol25 lowing: 


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1 ‘‘(H) to the Food and Agriculture Organiza2 tion formed at Quebec, Canada, on October 16, 

3 1945, international fishery management organi4 zations, or arrangements made pursuant to an 

5 international fishery agreement as provided 

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

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

8 1826i(b)); 

9 ‘‘(I) to any other Federal or State govern10 ment agency, foreign government, the Food and 

11 Agriculture Organization formed at Quebec, 

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

13 or equivalent of an international fisheries man14 agement organization or arrangement made pur15 suant to an international fishery agreement, as 

16 provided under section 101(c)(9) of the Inter17 national Fisheries Stewardship and Enforcement 

18 Act; or’’. 

19 SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COM20 PLIANCE ACT OF 1995. 

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

22 Act of 1995 (16 U.S.C. 5503(f)) is amended to read as fol23 lows: 

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

25 void if— 


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1 ‘‘(1) 1 or more permits or authorizations re2 quired for a vessel to fish, in addition to a permit 

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

4 suspended; or 

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

6 States documentation, such documentation is revoked 

7 or denied, or the vessel is deleted from such docu8 mentation.’’. 

9 SEC. 304. COMMITTEE ON SCIENTIFIC COOPERATION FOR 

10 PACIFIC SALMON AGREEMENT. 

11 Section 11 of the Pacific Salmon Treaty Act of 1985 

12 (16 U.S.C. 3640) is amended— 

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

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

15 (2) by inserting after subsection (b) the fol16 lowing: 

17 ‘‘(c) COMPENSATION OF COMMITTEE ON SCIENTIFIC

18 COOPERATION MEMBERS.—Members of the Committee on 

19 Scientific Cooperation who are not State or Federal em20 ployees shall receive compensation at a rate equivalent to 

21 the rate payable for level IV of the Executive Schedule under 

22 section 5315 of title 5, United States Code, when engaged 

23 in actual performance of duties for the Commission.’’; and 

24 (3) by striking ‘‘71’’ in subsection (e), as redesig25 nated, and inserting ‘‘171’’. 


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1 TITLE IV—IMPLEMENTATION OF 

2 THE ANTIGUA CONVENTION 

3 SEC. 401. SHORT TITLE; REFERENCES TO THE TUNA CON4 VENTIONS ACT OF 1950. 

5 (a) SHORT TITLE.—This title may be cited as the ‘‘An6 tigua Convention Implementing Act of 2013’’. 

7 (b) REFERENCES TO THE TUNA CONVENTIONS ACT OF

8 1950.—Except as otherwise expressly provided, whenever in 

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

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

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

12 other provision of the Tuna Conventions Act of 1950 as 

13 amended (16 U.S.C. 951 et seq.). 

14 SEC. 402. DEFINITIONS. 

15 Section 2 (16 U.S.C. 951) is amended to read as fol16 lows: 

17 ‘‘SEC. 2. DEFINITIONS. 

18 ‘‘In this Act: 

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

20 Convention’ means the Convention for the Strength21 ening of the Inter-American Tropical Tuna Commis22 sion Established by the 1949 Convention Between the 

23 United States of America and the Republic of Costa 

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


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

2 means the Inter-American Tropical Tuna Commis3 sion provided for by the Convention. 

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

5 means— 

6 ‘‘(A) the Convention for the Establishment 

7 of an Inter-American Tropical Tuna Commis8 sion, signed at Washington, May 31, 1949, by 

9 the United States of America and the Republic 

10 of Costa Rica; 

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

12 entry into force for the United States, and any 

13 amendments thereto that are in force for the 

14 United States; or 

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

16 the context requires. 

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

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

19 on, bring into, or introduce into, any place subject to 

20 the jurisdiction of the United States, whether or not 

21 such landing, bringing, or introduction constitutes an 

22 importation within the meaning of the customs laws 

23 of the United States. 


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1 ‘‘(5) PERSON.—The term ‘person’ means an in2 dividual, partnership, corporation, or association sub3 ject to the jurisdiction of the United States. 

4 ‘‘(6) UNITED STATES.—The term ‘United States’ 

5 includes all areas under the sovereignty of the United 

6 States. 

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

8 term ‘United States Commissioners’ means the indi9 viduals appointed under section 3(a). 

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

11 ‘United States Section’ means the United States Com12 missioners to the Commission and a designee of the 

13 Secretary of State.’’. 

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

15 QUALIFICATIONS. 

16 Section 3 (16 U.S.C. 952) is amended to read as fol17 lows: 

18 ‘‘SEC. 3. COMMISSIONERS. 

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

20 represented on the Commission by 5 United States Commis21 sioners. The President shall appoint individuals to serve on 

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

23 the appointments, the President shall select Commissioners 

24 from among individuals who are knowledgeable or experi25 enced concerning highly migratory fish stocks in the eastern 


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1 tropical Pacific Ocean, 1 of which shall be an officer or 

2 employee of the Department of Commerce, 1 of which shall 

3 be the chairman or a member of the Western Pacific Fishery 

4 Management Council, and 1 of which shall be the chairman 

5 or a member of the Pacific Fishery Management Council. 

6 Not more than 2 Commissioners may be appointed who re7 side in a State other than a State whose vessels maintain 

8 a substantial fishery in the area of the Convention. 

9 ‘‘(b) ALTERNATE UNITED STATES COMMISSIONERS.— 

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

11 may designate from time to time and for periods of time 

12 deemed appropriate Alternate United States Commissioners 

13 to the Commission. Any Alternate United States Commis14 sioner may exercise, at any meeting of the Commission or 

15 of the General Advisory Committee or Scientific Advisory 

16 Subcommittee established pursuant to section 4(b), all pow17 ers and duties of a United States Commissioner in the ab18 sence of any Commissioner appointed pursuant to sub19 section (a) of this section for whatever reason. The number 

20 of such Alternate United States Commissioners that may 

21 be designated for any such meeting shall be limited to the 

22 number of United States Commissioners appointed pursu23 ant to subsection (a) of this section who will not be present 

24 at such meeting. 

25 ‘‘(c) ADMINISTRATIVE MATTERS.— 


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

2 as such Commissioners, other than officers or employ3 ees of the United States Government, shall not be con4 sidered Federal employees except for the purposes of 

5 injury compensation or tort claims liability as pro6 vided in chapter 81 of title 5, United States Code, 

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

8 ‘‘(2) COMPENSATION.—The United States Com9 missioners or Alternate United States Commissioners, 

10 although officers of the United States while so serving, 

11 shall receive no compensation for their services as 

12 such United States Commissioners or Alternate 

13 United States Commissioners. 

14 ‘‘(3) TRAVEL EXPENSES.— 

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

16 necessary travel expenses of United States Com17 missioners and Alternate United States Commis18 sioners to meetings of the Commission and other 

19 meetings the Secretary deems necessary to fulfill 

20 their duties, in accordance with the Federal 

21 Travel Regulations and sections 5701, 5702, 

22 5704 through 5708, and 5731 of title 5, United 

23 States Code. 


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1 ‘‘(B) The Secretary may reimburse the Sec2 retary of State for amounts expended by the Sec3 retary of State under this subsection.’’. 

4 SEC. 404. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC 

5 ADVISORY SUBCOMMITTEE. 

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

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

8 following: 

9 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

10 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION.— 

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

12 consultation with the Secretary of State, shall 

13 appoint a General Advisory Committee which 

14 shall consist of not more than 25 individuals 

15 who shall be representative of the various groups 

16 concerned with the fisheries covered by the Con17 vention, including nongovernmental conservation 

18 organizations, providing to the maximum extent 

19 practicable an equitable balance among such 

20 groups. Members of the General Advisory Com21 mittee will be eligible to participate as members 

22 of the U.S. delegation to the Commission and its 

23 working groups to the extent the Commission 

24 rules and space for delegations allow. 


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1 ‘‘(B) ADDITIONAL MEMBERS.—The chair of 

2 the Pacific Fishery Management Council’s Advi3 sory Subpanel for Highly Migratory Fisheries 

4 and the chair of the Western Pacific Fishery 

5 Management Council’s Advisory Committee shall 

6 be members of the General Advisory Committee 

7 by virtue of their positions in those Councils. 

8 ‘‘(C) TERMS.—Each member of the General 

9 Advisory Committee appointed under subpara10 graph (A) shall serve for a term of 3 years and 

11 shall be eligible for reappointment. 

12 ‘‘(D) NON-EXECUTIVE MEETINGS OF THE

13 UNITED STATES SECTION.—The General Advi14 sory Committee shall be invited to attend all 

15 non-executive meetings of the United States Sec16 tion and at such meetings shall be given oppor17 tunity to examine and to be heard on all pro18 posed programs of investigation, reports, rec19 ommendations, and regulations of the Commis20 sion. 

21 ‘‘(E) PUBLIC PARTICIPATION.—The General 

22 Advisory Committee shall determine its organi23 zation, and prescribe its practices and proce24 dures for carrying out its functions under this 

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1 servation and Management Act (16 U.S.C. 1801 

2 et seq.), and the Convention. The General Advi3 sory Committee shall publish and make available 

4 to the public a statement of its organization, 

5 practices and procedures. Meetings of the General 

6 Advisory Committee, except when in executive 

7 session, shall be open to the public, and prior no8 tice of meetings shall be made public in timely 

9 fashion. 

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

11 and the Secretary of State shall furnish the General 

12 Advisory Committee with relevant information con13 cerning fisheries and international fishery agree14 ments. 

15 ‘‘(3) ADMINISTRATIVE MATTERS.— 

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

17 provide to the General Advisory Committee in a 

18 timely manner such administrative and tech19 nical support services as are necessary for its ef20 fective functioning. 

21 ‘‘(B) COMPENSATION.—An individual ap22 pointed to serve as a member of the General Ad23 visory Committee— 

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

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1 ness to attend meetings of the General Advi2 sory Committee shall be allowed travel ex3 penses, including per diem in lieu of sub4 sistence, in the same manner as a person 

5 employed intermittently in the Government 

6 service is allowed expenses under section 

7 5703 of title 5, United States Code; and 

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

9 employee except for the purposes of injury 

10 compensation or tort claims liability as 

11 provided in chapter 81 of title 5, United 

12 States Code, and chapter 171 of title 28, 

13 United States Code.’’; 

14 (2) by striking so much of subsection (b) as pre15 cedes paragraph (2) and inserting the following: 

16 ‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.— 

17 ‘‘(1) IN GENERAL.—The Secretary, in consulta18 tion with the Secretary of State, shall appoint a Sci19 entific Advisory Subcommittee of not less than 5 nor 

20 more than 15 qualified scientists with balanced rep21 resentation from the public and private sectors, in22 cluding nongovernmental conservation organizations. 

23 ‘‘(A) PUBLIC PARTICIPATION.—The Sci24 entific Advisory Subcommittee shall determine 

25 its organization, and prescribe its practices and 


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1 procedures for carrying out its functions under 

2 this chapter, the Magnuson-Stevens Fishery Con3 servation and Management Act (16 U.S.C. 1801 

4 et seq.), and the Convention. The Scientific Advi5 sory Subcommittee shall publish and make avail6 able to the public a statement of its organization, 

7 practices, and procedures. Meetings of the Sci8 entific Advisory Subcommittee, except when in 

9 executive session, shall be open to the public, and 

10 prior notice of meetings shall be made public in 

11 a timely fashion. 

12 ‘‘(B) INFORMATION SHARING.—The Sec13 retary and the Secretary of State shall furnish 

14 the Scientific Advisory Subcommittee with rel15 evant information concerning fisheries and inter16 national fishery agreements. 

17 ‘‘(C) ADMINISTRATIVE MATTERS.— 

18 ‘‘(i) IN GENERAL.—The Secretary shall 

19 provide to the Scientific Advisory Sub20 committee in a timely manner such admin21 istrative and technical support services as 

22 are necessary for its effective functioning. 

23 ‘‘(ii) COMPENSATION.—An individual 

24 appointed to serve as a member of the Sci25 entific Advisory Subcommittee— 


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1 ‘‘(I) shall serve without pay, but 

2 while away from home or regular place 

3 of business to attend meetings of the 

4 Scientific Advisory Subcommittee shall 

5 be allowed travel expenses, including 

6 per diem in lieu of subsistence, in the 

7 same manner as a person employed 

8 intermittently in the Government serv9 ice is allowed expenses under section 

10 5703 of title 5, United States Code; 

11 and 

12 ‘‘(II) shall not be considered a 

13 Federal employee, except for the pur14 poses of injury compensation or tort 

15 claims liability as provided in chapter 

16 81 of title 5, United States Code, and 

17 chapter 171 of title 18, United States 

18 Code.’’; 

19 (3) in subsection (b)(2), by amending the head20 ing to read as follows: 

21 ‘‘(2) FUNCTIONS AND ASSISTANCE.—’’; and 

22 (4) in subsection (b)(3), by striking ‘‘General 

23 Advisory Subcommittee’’ and inserting ‘‘General Ad24 visory Committee’’. 


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1 SEC. 405. RULEMAKING. 

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

3 (1) by striking the section heading and inserting 

4 the following: 

5 ‘‘SEC. 6. RULEMAKING.’’; 

6 (2) by striking subsections (a) and (b) and in7 serting the following: 

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

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

10 measures, the Secretary of the Department in which the 

11 Coast Guard is operating, may promulgate such regulations 

12 as may be necessary to carry out the United States inter13 national obligations under the Convention and this Act, in14 cluding recommendations and decisions adopted by the 

15 Commission. In cases where the Secretary has discretion in 

16 the implementation of one or more measures adopted by the 

17 Commission that would govern fisheries under the authority 

18 of a Regional Fishery Management Council, the Secretary 

19 may, to the extent practicable within the implementation 

20 schedule of the Convention and any recommendations and 

21 decisions adopted by the Commission, promulgate such reg22 ulations in accordance with the procedures established by 

23 the Magnuson-Stevens Fishery Conservation and Manage24 ment Act (16 U.S.C. 1801 et seq.). 

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

26 regulations applicable to all vessels and persons subject to 


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1 the jurisdiction of the United States, including United 

2 States flag vessels wherever they may be operating, on such 

3 date as the Secretary shall prescribe.’’; and 

4 (3) in subsection (c)— 

5 (A) by striking the subsection heading and 

6 inserting ‘‘(c) ADDITIONAL AUTHORITY.’’; 

7 (B) by striking ‘‘Regulations required to 

8 carry out’’ and all that follows through ‘‘respec9 tive jurisdictions.’’; 

10 (C) by striking ‘‘application of any such 

11 regulations’’ and inserting ‘‘application of regu12 lations promulgated to carry out the rec13 ommendations of the Commission’’; 

14 (D) by striking ‘‘he’’ and inserting ‘‘the 

15 Secretary of Commerce’’; and 

16 (E) by striking ‘‘The regulations thus pro17 mulgated’’ and all that follows through the end 

18 of subsection (c). 

19 SEC. 406. PROHIBITED ACTS. 

20 Section 8 (16 U.S.C. 957) is amended to read as fol21 lows: 

22 ‘‘SEC. 8. PROHIBITED ACTS. 

23 ‘‘It is unlawful for any person— 

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

25 any regulation or permit issued pursuant to this Act; 


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1 ‘‘(2) to use any fishing vessel to engage in fish2 ing after the revocation, or during the period of sus3 pension, of an applicable permit issued pursuant to 

4 this Act; 

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

6 enforce the provisions of this Act (as provided for in 

7 section 10) to board a fishing vessel subject to such 

8 person’s control for the purposes of conducting any 

9 search, investigation or inspection in connection with 

10 the enforcement of this Act or any regulation, permit, 

11 or the Convention; 

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

13 intimidate, sexually harass, bribe, or interfere with 

14 any such authorized officer in the conduct of any 

15 search, investigations or inspection in connection 

16 with the enforcement of this Act or any regulation, 

17 permit, or the Convention; 

18 ‘‘(5) to resist a lawful arrest for any act prohib19 ited by this Act; 

20 ‘‘(6) to ship, transport, offer for sale, sell, pur21 chase, import, export, or have custody, control, or pos22 session of, any fish taken or retained in violation of 

23 this Act or any regulation, permit, or agreement re24 ferred to in paragraph (1) or (2); 


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

2 means, the apprehension or arrest of another person, 

3 knowing that such other person has committed any 

4 act prohibited by this section; 

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

6 Secretary false information regarding any matter 

7 that the Secretary is considering in the course of car8 rying out this Act; 

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

10 intimidate, sexually harass, bribe, attempt to bribe, or 

11 interfere with any observer on a vessel under the Con12 vention, or any data collector employed by the Na13 tional Marine Fisheries Service or under contract to 

14 any person to carry out responsibilities under this 

15 Act; 

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

17 regulation adopted pursuant to section 6 of this Act; 

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

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

20 control any fish taken or retained in violation of such 

21 regulations; 

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

23 returns, statistical records, or other reports as are re24 quired by regulations adopted pursuant to this Act to 

25 be made, kept, or furnished; 


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

2 and instructed to stop by a duly authorized official 

3 of the United States; or 

4 ‘‘(14) to import any fish in any form in viola5 tion of any regulation adopted pursuant to section 6 

6 of this Act.’’. 

7 SEC. 407. ENFORCEMENT. 

8 Section 10 (16 U.S.C. 959) is amended to read as fol9 lows: 

10 ‘‘SEC. 10. ENFORCEMENT. 

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

12 International Fisheries Stewardship and Enforcement 

13 Act.’’. 

14 SEC. 408. REDUCTION OF BYCATCH. 

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

16 ‘‘vessel’’ and inserting ‘‘vessels’’. 

17 SEC. 409. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

18 ACT OF 1984. 

19 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

21 SEC. 410. CONFORMING AMENDMENTS TO THE MARINE 

22 MAMMAL PROTECTION ACT OF 1972. 

23 The Marine Mammal Protection Act of 1972 (16 

24 U.S.C. 1361 et seq.) is amended— 


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118 

•S 269 RS

1 (1) in section 101(a)(2)(B)(i)(II) (16 U.S.C. 

2 1371(a)(2)(B)(i)(II)) by striking ‘‘article V, para3 graph 3 of the Convention establishing the Inter4 American Tropical Tuna Commission’’ and inserting 

5 ‘‘Article XXX of the Convention for the Strengthening 

6 of the Inter-American Tropical Tuna Commission 

7 (also known as the Antigua Convention)’’; 

8 (2) in section 108(a)(2) (16 U.S.C. 

9 1378(a)(2))— 

10 (A) by inserting ‘‘and’’ after the semicolon 

11 at the end of subparagraph (B); 

12 (B) by striking subparagraph (C); and 

13 (C) by redesignating subparagraph (D) as 

14 subparagraph (C); and 

15 (3) in section 307(a)(1) (16 U.S.C. 1417(a)(1)) 

16 by striking ‘‘Article V, paragraph 3 of the Convention 

17 establishing the Inter-American Tropical Tuna Com18 mission’’ and inserting ‘‘Article XXX of the Conven19 tion for the Strengthening of the Inter-American 

20 Tropical Tuna Commission (also known as the Anti21 gua Convention)’’. 


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Calendar No. 263 

113TH CONGRESS 

1ST SESSION S. 269 

[Report No. 113–127] 

A BILL 

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

DECEMBER 17, 2013 

Reported with an amendment 


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