IIB 

118TH CONGRESS 

2D SESSION H. R. 1792 

IN THE SENATE OF THE UNITED STATES 

APRIL 10, 2024 

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

and Transportation 

AN ACT 

To amend the South Pacific Tuna Act of 1988, 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 ‘‘South Pacific Tuna Treaty Act of 2023’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Amendment of South Pacific Tuna Act of 1988. 

Sec. 3. Definitions. 

Sec. 4. Prohibited acts. 

Sec. 5. Exceptions. 

Sec. 6. Criminal offenses. 

Sec. 7. Civil penalties. 

Sec. 8. Licenses. 

Sec. 9. Enforcement. 

Sec. 10. Findings by Secretary. 

Sec. 11. Reporting requirements; disclosure of information. 

Sec. 12. Closed Area stowage requirements. 

Sec. 13. Observers. 

Sec. 14. Technical assistance. 

Sec. 15. Arbitration. 

Sec. 16. Disposition of fees, penalties, forfeitures, and other moneys. 

Sec. 17. Additional agreements. 

6 SEC. 2. AMENDMENT OF SOUTH PACIFIC TUNA ACT OF 1988. 

7 Except as otherwise expressly provided, wherever in 

8 this Act an amendment or repeal is expressed in terms 

9 of an amendment to, or repeal of, a section or other provi10 sion, the reference shall be considered to be made to a 

11 section or other provision of the South Pacific Tuna Act 

12 of 1988 (16 U.S.C. 973 et seq.). 

13 SEC. 3. DEFINITIONS. 

14 (a) APPLICABLE NATIONAL LAW.—Section 2(4) (16 

15 U.S.C. 973(4)) is amended by striking ‘‘described in para16 graph 1(a) of Annex I of’’ and inserting ‘‘noticed and in 

17 effect in accordance with’’. 


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1 (b) CLOSED AREA.—Section 2(5) (16 U.S.C. 973(5)) 

2 is amended by striking ‘‘of the closed areas identified in 

3 Schedule 2 of Annex I of’’ and inserting ‘‘area within the 

4 jurisdiction of a Pacific Island Party that is closed to ves5 sels pursuant to a national law of that Pacific Island Party 

6 and is noticed and in effect in accordance with’’. 

7 (c) FISHING.—Section 2(6) (16 U.S.C. 973(6)) is 

8 amended— 

9 (1) in subparagraph (C), by inserting ‘‘for any 

10 purpose’’ after ‘‘harvesting of fish’’; and 

11 (2) by amending subparagraph (F) to read as 

12 follows: 

13 ‘‘(F) use of any other vessel, vehicle, air14 craft, or hovercraft, for any activity described 

15 in this paragraph except for emergencies involv16 ing the health or safety of the crew or the safe17 ty of a vessel.’’. 

18 (d) FISHING VESSEL.—Section 2(7) (16 U.S.C. 

19 973(7)) is amended by striking ‘‘commercial fishing’’ and 

20 inserting ‘‘commercial purse seine fishing for tuna’’. 

21 (e) LICENSING AREA.—Section 2(8) (16 U.S.C. 

22 973(8)) is amended by striking ‘‘in the Treaty Area’’ and 

23 all that follows and inserting ‘‘under the jurisdiction of 

24 a Pacific Island Party, except for internal waters, terri25 torial seas, archipelagic waters, and any Closed Area.’’. 


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1 (f) LIMITED AREA; PARTY; TREATY AREA.—Section 

2 2 (16 U.S.C. 973) is amended— 

3 (1) by striking paragraphs (10), (13), and (18); 

4 (2) by redesignating paragraphs (11) and (12) 

5 as paragraphs (10) and (11), respectively; 

6 (3) by redesignating paragraph (14) as para7 graph (12); and 

8 (4) by redesignating paragraphs (15) through 

9 (17) as paragraphs (14) through (16), respectively. 

10 (g) REGIONAL TERMS AND CONDITIONS.—Section 2 

11 (16 U.S.C. 973) is amended by inserting after paragraph 

12 (12), as so redesignated, the following: 

13 ‘‘(13) The term ‘regional terms and conditions’ 

14 means any of the terms or conditions attached by 

15 the Administrator to the license issued by the Ad16 ministrator, as notified by the Secretary.’’. 

17 SEC. 4. PROHIBITED ACTS. 

18 (a) IN GENERAL.—Section 5(a) (16 U.S.C. 973c(a)) 

19 is amended— 

20 (1) by striking ‘‘Except as provided in section 

21 6 of this Act, it’’ at the beginning and inserting 

22 ‘‘It’’; 

23 (2) by striking paragraphs (3) and (4); 

24 (3) by redesignating paragraphs (5) through 

25 (13) as paragraphs (3) through (11), respectively; 


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1 (4) in paragraph (3), as so redesignated, by in2 serting ‘‘, except in accordance with an agreement 

3 pursuant to the Treaty’’ after ‘‘Closed Area’’; 

4 (5) in paragraph (10), as so redesignated, by 

5 striking ‘‘or’’ at the end; 

6 (6) in paragraph (11), as so redesignated, by 

7 striking the period at the end and inserting a semi8 colon; and 

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

10 ‘‘(12) to violate any of the regional terms and 

11 conditions; or 

12 ‘‘(13) to violate any limit on authorized fishing 

13 effort or catch.’’. 

14 (b) IN THE LICENSING AREA.—Section 5(b) (16 

15 U.S.C. 973c(b)) is amended— 

16 (1) by striking ‘‘Except as provided in section 

17 6 of this Act, it’’ and inserting ‘‘It’’; 

18 (2) by striking paragraph (5); and 

19 (3) by redesignating paragraphs (6) and (7) as 

20 paragraphs (5) and (6), respectively. 

21 SEC. 5. EXCEPTIONS. 

22 Section 6 (16 U.S.C. 973d) is repealed. 


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1 SEC. 6. CRIMINAL OFFENSES. 

2 Section 7(a) (16 U.S.C. 973e(a)) is amended by 

3 striking ‘‘section 5(a) (8), (10), (11), or (12)’’ and insert4 ing ‘‘paragraphs (6), (8), (9), or (10) of section 5(a)’’. 

5 SEC. 7. CIVIL PENALTIES. 

6 (a) DETERMINATION OF LIABILITY; AMOUNT; PAR7 TICIPATION BY SECRETARY OF STATE IN ASSESSMENT

8 PROCEEDING.—Section 8(a) (16 U.S.C. 973f(a)) is 

9 amended— 

10 (1) by striking ‘‘Code’’ after ‘‘liable to the 

11 United States’’; and 

12 (2) by striking ‘‘Except for those acts prohib13 ited by section 5(a) (4), (5), (7), (8), (10), (11), and 

14 (12), and section 5(b) (1), (2), (3), and (7) of this 

15 Act, the’’ and inserting ‘‘The’’. 

16 (b) WAIVER OF REFERRAL TO ATTORNEY GEN17 ERAL.—Section 8(g) (16 U.S.C. 973f(g)) is amended— 

18 (1) by striking ‘‘section 5(a)(1), (2), (3), (4), 

19 (5), (6), (7), (8), (9), or (13)’’ and inserting ‘‘para20 graphs (1), (2), (3), (4), (5), (6), (7), (11), (12), or 

21 (13) of section 5(a)’’; and 

22 (2) in paragraph (2), by striking ‘‘, all Limited 

23 Areas closed to fishing,’’ after ‘‘outside of the Li24 censing Area’’. 


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1 SEC. 8. LICENSES. 

2 (a) FORWARDING AND TRANSMITTAL OF VESSEL LI3 CENSE APPLICATION.—Section 9(b) (16 U.S.C. 973g(b)) 

4 is amended to read as follows: 

5 ‘‘(b) In accordance with subsection (e), and except 

6 as provided in subsection (f), the Secretary shall forward 

7 a vessel license application to the Administrator whenever 

8 such application is in accordance with application proce9 dures established by the Secretary.’’. 

10 (b) FEES AND SCHEDULES.—Section 9(c) (16 U.S.C. 

11 973g(c)) is amended to read as follows: 

12 ‘‘(c) Fees required under the Treaty shall be paid in 

13 accordance with the Treaty and any procedures estab14 lished by the Secretary.’’. 

15 (c) MINIMUM FEES REQUIRED TO BE RECEIVED IN

16 INITIAL YEAR OF IMPLEMENTATION FOR FORWARDING

17 AND TRANSMITTAL OF LICENSE APPLICATIONS.—Section 

18 9 (16 U.S.C. 973g) is amended— 

19 (1) by striking subsection (f); 

20 (2) by redesignating subsections (g) and (h) as 

21 subsections (f) and (g), respectively; 

22 (3) by amending subsection (f), as so redesig23 nated, to read as follows: 

24 ‘‘(f) The Secretary, in consultation with the Secretary 

25 of State, may determine that a license application should 

26 not be forwarded to the Administrator if— 


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1 ‘‘(1) the application is not in accordance with 

2 the Treaty or the procedures established by the Sec3 retary; or 

4 ‘‘(2) the owner or charterer— 

5 ‘‘(A) is the subject of proceedings under 

6 the bankruptcy laws of the United States, un7 less reasonable financial assurances have been 

8 provided to the Secretary; 

9 ‘‘(B) has not established to the satisfaction 

10 of the Secretary that the fishing vessel is fully 

11 insured against all risks and liabilities normally 

12 provided in maritime liability insurance; or 

13 ‘‘(C) has not paid any penalty which has 

14 become final, assessed by the Secretary in ac15 cordance with this Act.’’; and 

16 (4) in subsection (g), as so redesignated— 

17 (A) by amending paragraph (1) to read as 

18 follows: 

19 ‘‘(1) chapter 12113 of title 46, United States 

20 Code;’’; 

21 (B) in paragraph (2), by inserting ‘‘of 

22 1972’’ after ‘‘Marine Mammal Protection Act’’; 

23 (C) in paragraph (3), by inserting ‘‘of 

24 1972’’ after ‘‘Marine Mammal Protection Act’’; 

25 and 


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1 (D) in the matter that follows paragraph 

2 (3), by striking ‘‘any vessel documented’’ and 

3 all that follows and inserting the following: 

4 ‘‘any vessel documented under the laws of the United 

5 States as of the date of enactment of the Fisheries Act 

6 of 1995 for which a license has been issued under sub7 section (a) may fish for tuna in the Licensing Area, and 

8 on the high seas and in waters subject to the jurisdiction 

9 of the United States west of 146° west longitude and east 

10 of 129.5° east longitude in accordance with international 

11 law, subject to the provisions of the Treaty, this Act, and 

12 other applicable law, provided that no such vessel inten13 tionally deploys a purse seine net to encircle any dolphin 

14 or other marine mammal in the course of fishing.’’. 

15 SEC. 9. ENFORCEMENT. 

16 (a) NOTICE REQUIREMENTS TO PACIFIC ISLAND

17 PARTY CONCERNING INSTITUTION AND OUTCOME OF

18 LEGAL PROCEEDINGS.—Section 10(c)(1) (16 U.S.C. 

19 973h(c)(1)) is amended— 

20 (1) by striking ‘‘paragraph 8 of Article 4 of’’; 

21 and 

22 (2) by striking ‘‘Article 10 of’’. 

23 (b) SEARCHES AND SEIZURES BY AUTHORIZED OF24 FICERS; LIMITATIONS ON POWER.—Section 10(d)(1)(A) 

25 (16 U.S.C. 973h(d)(1)(A)) is amended— 


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1 (1) in clause (ii), by striking ‘‘or’’ at the end; 

2 and 

3 (2) in clause (iii), by adding ‘‘or’’ at the end. 

4 SEC. 10. FINDINGS BY SECRETARY. 

5 (a) ORDER TO LEAVE WATERS UPON FAILURE TO

6 SUBMIT TO JURISDICTION OF PACIFIC ISLAND PARTY; 

7 PROCEDURE APPLICABLE.—Section 11(a) (16 U.S.C. 

8 973i(a)) is amended— 

9 (1) by striking ‘‘, all Limited Areas,’’; 

10 (2) in paragraph (1)— 

11 (A) in subparagraph (A), by striking 

12 ‘‘paragraph 2 of Article 3 of’’; and 

13 (B) in subparagraph (C), by striking 

14 ‘‘within the Treaty Area’’ and inserting ‘‘under 

15 the jurisdiction’’; and 

16 (3) in paragraph (2)— 

17 (A) in subparagraph (A), by striking ‘‘sec18 tion 5 (a)(4), (a)(5), (b)(2), or (b)(3)’’ and in19 serting ‘‘paragraph (4) of section 5(a) or para20 graphs (2) or (3) of section 5(b)’’; 

21 (B) in subparagraph (B), by striking ‘‘(7)’’ 

22 and inserting ‘‘(6)’’; and 

23 (C) in subparagraph (C), by striking ‘‘(7)’’ 

24 and inserting ‘‘(6)’’. 


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1 (b) ORDER OF VESSEL TO LEAVE WATERS WHERE

2 PACIFIC ISLAND PARTY INVESTIGATING ALLEGED TREA3 TY INFRINGEMENT.—Section 11(b) (16 U.S.C. 973i(b)) is 

4 amended by striking ‘‘paragraph 7 of Article 5 of’’. 

5 SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF IN6 FORMATION. 

7 Section 12 (16 U.S.C. 973j) is amended to read as 

8 follows: 

9 ‘‘SEC. 12. REPORTING. 

10 ‘‘(a) PROHIBITED DISCLOSURE OF CERTAIN INFOR11 MATION.—The Secretary shall keep confidential and may 

12 not disclose the following information, except in accord13 ance with subsection (b): 

14 ‘‘(1) Information provided to the Secretary by 

15 the Administrator that the Administrator has des16 ignated confidential. 

17 ‘‘(2) Information collected by observers. 

18 ‘‘(3) Information submitted to the Secretary by 

19 any person in compliance with the requirements of 

20 this Act. 

21 ‘‘(b) PERMITTED DISCLOSURE OF CERTAIN INFOR22 MATION.—The Secretary may disclose information de23 scribed in subsection (a)— 

24 ‘‘(1) if disclosure is ordered by a court; 


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1 ‘‘(2) if the information is used by a Federal em2 ployee— 

3 ‘‘(A) for enforcement; or 

4 ‘‘(B) in support of the homeland and na5 tional security missions of the Coast Guard as 

6 defined in section 888 of the Homeland Secu7 rity Act of 2002 (6 U.S.C. 468); 

8 ‘‘(3) if the information is used by a Federal em9 ployee or an employee of the Fishery Management 

10 Council for Treaty administration or fishery man11 agement and monitoring; 

12 ‘‘(4) to the Administrator, in accordance with 

13 the requirements of the Treaty and this Act; 

14 ‘‘(5) to the secretariat or equivalent of an inter15 national fisheries management organization of which 

16 the United States is a member, in accordance with 

17 the requirements or decisions of such organization, 

18 and insofar as possible, in accordance with an agree19 ment that prevents public disclosure of the identity 

20 of any person that submits such information; 

21 ‘‘(6) if the Secretary has obtained written au22 thorization from the person providing such informa23 tion, and disclosure does not violate other require24 ments of this Act; or 


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1 ‘‘(7) in an aggregate or summary form that 

2 does not directly or indirectly disclose the identity of 

3 any person that submits such information.’’. 

4 SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS. 

5 Section 13 (16 U.S.C. 973k) is amended by striking 

6 ‘‘. In particular, the boom shall be lowered’’ and all that 

7 follows and inserting ‘‘and in accordance with any require8 ments established by the Secretary.’’. 

9 SEC. 13. OBSERVERS. 

10 Section 14 (16 U.S.C. 973l) is repealed. 

11 SEC. 14. TECHNICAL ASSISTANCE. 

12 Section 15 (16 U.S.C. 973m) is amended to read as 

13 follows: 

14 ‘‘SEC. 15. TECHNICAL ASSISTANCE. 

15 ‘‘The Secretary and the Secretary of State may pro16 vide assistance to a Pacific Island Party to benefit such 

17 Pacific Island Party from the development of fisheries re18 sources and the operation of fishing vessels that are li19 censed pursuant to the Treaty, including— 

20 ‘‘(1) technical assistance; 

21 ‘‘(2) training and capacity building opportuni22 ties; 

23 ‘‘(3) facilitation of the implementation of pri24 vate sector activities or partnerships; and 


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1 ‘‘(4) other activities as determined appropriate 

2 by the Secretary and the Secretary of State.’’. 

3 SEC. 15. ARBITRATION. 

4 Section 16 (16 U.S.C. 973n) is amended— 

5 (1) by striking ‘‘Article 6 of’’ after ‘‘arbitral tri6 bunal under’’; and 

7 (2) by striking ‘‘paragraph 3 of that Article’’, 

8 and inserting ‘‘the Treaty, shall determine the loca9 tion of the arbitration’’. 

10 SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, 

11 AND OTHER MONEYS. 

12 Section 17 (16 U.S.C. 973o) is amended by striking 

13 ‘‘Article 4 of’’. 

14 SEC. 17. ADDITIONAL AGREEMENTS. 

15 Section 18 (16 U.S.C. 973p) is amended by striking 

16 ‘‘Within 30 days after’’ and all that follows and inserting 

17 ‘‘The Secretary may establish procedures for review of any 

18 agreements for additional fishing access entered into pur19 suant to the Treaty.’’. 

Passed the House of Representatives April 9, 2024. 

Attest: KEVIN F. MCCUMBER, 

Clerk. 


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