I 

118TH CONGRESS 

1ST SESSION H. R. 1792 

To amend the South Pacific Tuna Act of 1988, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 24, 2023 

Mrs. RADEWAGEN (for herself and Mr. CASE) introduced the following bill; 

which was referred to the Committee on Natural Resources 

A BILL 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘South Pacific Tuna Treaty Act of 2023’’. 

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

7 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. 


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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. 

Sec. 18. Authorization of appropriations. 

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

2 Except as otherwise expressly provided, wherever in 

3 this Act an amendment or repeal is expressed in terms 

4 of an amendment to, or repeal of, a section or other provi5 sion, the reference shall be considered to be made to a 

6 section or other provision of the South Pacific Tuna Act 

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

8 SEC. 3. DEFINITIONS. 

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

10 U.S.C. 973(4)) is amended by striking ‘‘described in para11 graph 1(a) of Annex I of’’ and inserting ‘‘noticed and in 

12 effect in accordance with’’. 

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

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

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

16 jurisdiction of a Pacific Island Party that is closed to ves17 sels pursuant to a national law of that Pacific Island Party 

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

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

20 amended— 


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

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

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

4 follows: 

5 ‘‘(F) use of any other vessel, vehicle, air6 craft, or hovercraft, for any activity described 

7 in this paragraph except for emergencies involv8 ing the health or safety of the crew or the safe9 ty of a vessel.’’. 

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

11 973(7)) is amended by striking ‘‘commercial fishing’’ and 

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

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

14 973(8)) is amended by striking ‘‘in the Treaty Area’’ and 

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

16 a Pacific Island Party, except for internal waters, terri17 torial seas, archipelagic waters, and any Closed Area.’’. 

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

19 2 (16 U.S.C. 973) is amended— 

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

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

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

23 (3) by redesignating paragraph (14) as para24 graph (12); and 


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1 (4) by redesignating paragraphs (15) through 

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

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

4 (16 U.S.C. 973) is amended by inserting after paragraph 

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

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

7 means any of the terms or conditions attached by 

8 the Administrator to the license issued by the Ad9 ministrator, as notified by the Secretary.’’. 

10 SEC. 4. PROHIBITED ACTS. 

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

12 is amended— 

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

14 6 of this Act, it’’ at the beginning and inserting 

15 ‘‘It’’; 

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

17 (3) by redesignating paragraphs (5) through 

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

19 (4) in paragraph (3), as so redesignated, by in20 serting ‘‘, except in accordance with an agreement 

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

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

23 striking ‘‘or’’ at the end; 


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

2 striking the period at the end and inserting a semi3 colon; and 

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

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

6 conditions; or 

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

8 effort or catch.’’. 

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

10 U.S.C. 973c(b)) is amended— 

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

12 6 of this Act, it’’ and inserting ‘‘It’’; 

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

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

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

16 SEC. 5. EXCEPTIONS. 

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

18 SEC. 6. CRIMINAL OFFENSES. 

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

20 striking ‘‘section 5(a) (8), (10), (11), or (12)’’ and insert21 ing ‘‘paragraphs (6), (8), (9), or (10) of section 5(a)’’. 

22 SEC. 7. CIVIL PENALTIES. 

23 (a) DETERMINATION OF LIABILITY; AMOUNT; PAR24 TICIPATION BY SECRETARY OF STATE IN ASSESSMENT


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

2 amended— 

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

4 United States’’; and 

5 (2) by striking ‘‘Except for those acts prohib6 ited by section 5(a) (4), (5), (7), (8), (10), (11), and 

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

8 Act, the’’ and inserting ‘‘The’’. 

9 (b) WAIVER OF REFERRAL TO ATTORNEY GEN10 ERAL.—Section 8(g) (16 U.S.C. 973f(g)) is amended— 

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

12 (5), (6), (7), (8), (9), or (13)’’ and inserting ‘‘para13 graphs (1), (2), (3), (4), (5), (6), (7), (11), (12), or 

14 (13) of section 5(a)’’; and 

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

16 Areas closed to fishing,’’ after ‘‘outside of the Li17 censing Area’’. 

18 SEC. 8. LICENSES. 

19 (a) FORWARDING AND TRANSMITTAL OF VESSEL LI20 CENSE APPLICATION.—Section 9(b) (16 U.S.C. 973g(b)) 

21 is amended to read as follows: 

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

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

24 a vessel license application to the Administrator whenever 


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1 such application is in accordance with application proce2 dures established by the Secretary.’’. 

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

4 973g(c)) is amended to read as follows: 

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

6 accordance with the Treaty and any procedures estab7 lished by the Secretary.’’. 

8 (c) MINIMUM FEES REQUIRED TO BE RECEIVED IN

9 INITIAL YEAR OF IMPLEMENTATION FOR FORWARDING

10 AND TRANSMITTAL OF LICENSE APPLICATIONS.—Section 

11 9 (16 U.S.C. 973g) is amended— 

12 (1) by striking subsection (f); 

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

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

15 (3) by amending subsection (f), as so redesig16 nated, to read as follows: 

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

18 of State, may determine that a license application should 

19 not be forwarded to the Administrator if— 

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

21 the Treaty or the procedures established by the Sec22 retary; or 

23 ‘‘(2) the owner or charterer— 

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

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1 less reasonable financial assurances have been 

2 provided to the Secretary; 

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

4 of the Secretary that the fishing vessel is fully 

5 insured against all risks and liabilities normally 

6 provided in maritime liability insurance; or 

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

8 become final, assessed by the Secretary in ac9 cordance with this Act.’’; and 

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

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

12 follows: 

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

14 Code;’’; 

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

16 1972’’ after ‘‘Marine Mammal Protection Act’’; 

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

18 1972’’ after ‘‘Marine Mammal Protection Act’’; 

19 and 

20 (D) in the matter that follows paragraph 

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

22 all that follows and inserting the following: 

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

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

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1 section (a) may fish for tuna in the Licensing Area, and 

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

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

4 of 129.5° east longitude in accordance with international 

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

6 other applicable law, provided that no such vessel inten7 tionally deploys a purse seine net to encircle any dolphin 

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

9 SEC. 9. ENFORCEMENT. 

10 (a) NOTICE REQUIREMENTS TO PACIFIC ISLAND

11 PARTY CONCERNING INSTITUTION AND OUTCOME OF

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

13 973h(c)(1)) is amended— 

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

15 and 

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

17 (b) SEARCHES AND SEIZURES BY AUTHORIZED OF18 FICERS; LIMITATIONS ON POWER.—Section 10(d)(1)(A) 

19 (16 U.S.C. 973h(d)(1)(A)) is amended— 

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

21 and 

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

23 SEC. 10. FINDINGS BY SECRETARY. 

24 (a) ORDER TO LEAVE WATERS UPON FAILURE TO

25 SUBMIT TO JURISDICTION OF PACIFIC ISLAND PARTY; 


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

2 973i(a)) is amended— 

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

4 (2) in paragraph (1)— 

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

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

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

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

9 the jurisdiction’’; and 

10 (3) in paragraph (2)— 

11 (A) in subparagraph (A), by striking ‘‘sec12 tion 5 (a)(4), (a)(5), (b)(2), or (b)(3)’’ and in13 serting ‘‘paragraph (4) of section 5(a) or para14 graphs (2) or (3) of section 5(b)’’; 

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

16 and inserting ‘‘(6)’’; and 

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

18 and inserting ‘‘(6)’’. 

19 (b) ORDER OF VESSEL TO LEAVE WATERS WHERE

20 PACIFIC ISLAND PARTY INVESTIGATING ALLEGED TREA21 TY INFRINGEMENT.—Section 11(b) (16 U.S.C. 973i(b)) is 

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


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1 SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF IN2 FORMATION. 

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

4 follows: 

5 ‘‘SEC. 12. REPORTING. 

6 ‘‘(a) PROHIBITED DISCLOSURE OF CERTAIN INFOR7 MATION.—The Secretary shall keep confidential and may 

8 not disclose the following information, except in accord9 ance with subsection (b): 

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

11 the Administrator that the Administrator has des12 ignated confidential. 

13 ‘‘(2) Information collected by observers. 

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

15 any person in compliance with the requirements of 

16 this Act. 

17 ‘‘(b) PERMITTED DISCLOSURE OF CERTAIN INFOR18 MATION.—The Secretary may disclose information de19 scribed in subsection (a)— 

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

21 ‘‘(2) if the information is used by a Federal em22 ployee— 

23 ‘‘(A) for enforcement; or 

24 ‘‘(B) in support of the homeland and na25 tional security missions of the Coast Guard as 


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1 defined in section 888 of the Homeland Secu2 rity Act of 2002 (6 U.S.C. 468); 

3 ‘‘(3) if the information is used by a Federal em4 ployee or an employee of the Fishery Management 

5 Council for Treaty administration or fishery man6 agement and monitoring; 

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

8 the requirements of the Treaty and this Act; 

9 ‘‘(5) to the secretariat or equivalent of an inter10 national fisheries management organization of which 

11 the United States is a member, in accordance with 

12 the requirements or decisions of such organization, 

13 and insofar as possible, in accordance with an agree14 ment that prevents public disclosure of the identity 

15 of any person that submits such information; 

16 ‘‘(6) if the Secretary has obtained written au17 thorization from the person providing such informa18 tion, and disclosure does not violate other require19 ments of this Act; or 

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

21 does not directly or indirectly disclose the identity of 

22 any person that submits such information.’’. 

23 SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS. 

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

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


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1 follows and inserting ‘‘and in accordance with any require2 ments established by the Secretary.’’. 

3 SEC. 13. OBSERVERS. 

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

5 SEC. 14. TECHNICAL ASSISTANCE. 

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

7 follows: 

8 ‘‘SEC. 15. TECHNICAL ASSISTANCE. 

9 ‘‘The Secretary and the Secretary of State may pro10 vide assistance to a Pacific Island Party to benefit such 

11 Pacific Island Party from the development of fisheries re12 sources and the operation of fishing vessels that are li13 censed pursuant to the Treaty, including— 

14 ‘‘(1) technical assistance; 

15 ‘‘(2) training and capacity building opportuni16 ties; 

17 ‘‘(3) facilitation of the implementation of pri18 vate sector activities or partnerships; and 

19 ‘‘(4) other activities as determined appropriate 

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

21 SEC. 15. ARBITRATION. 

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

23 (1) by striking ‘‘Article 6 of’’ after ‘‘arbitral tri24 bunal under’’; and 


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

2 and inserting ‘‘the Treaty, shall determine the loca3 tion of the arbitration’’. 

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

5 AND OTHER MONEYS. 

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

7 ‘‘Article 4 of’’. 

8 SEC. 17. ADDITIONAL AGREEMENTS. 

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

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

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

12 agreements for additional fishing access entered into pur13 suant to the Treaty.’’. 

14 SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

15 Section 20(a) (16 U.S.C. 973r(a)) is amended to read 

16 as follows: 

17 ‘‘(a) There are authorized to be appropriated such 

18 sums as may be necessary for carrying out the purposes 

19 and provisions of the Treaty and this Act for fiscal year 

20 2023 and each fiscal year thereafter.’’. 

Æ 


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