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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 2870 Reported in Senate (RS)]

                                                       Calendar No. 710
111th CONGRESS
  2d Session
                                S. 2870

  To establish uniform administrative and enforcement procedures and 
    penalties 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

                           December 10, 2009

  Mr. Inouye (for himself, Ms. Snowe, Mr. Begich, Ms. Murkowski, Mr. 
  Kerry, Mr. Rockefeller, and Ms. Cantwell) introduced the following 
 bill; which was read twice and referred to the Committee on Commerce, 
                      Science, and Transportation

                           December 17, 2010

             Reported by Mr. Rockefeller, without amendment

_______________________________________________________________________

                                 A BILL

 
  To establish uniform administrative and enforcement procedures and 
    penalties for the enforcement of the High Seas Driftnet Fishing 
Moratorium Protection Act and similar statutes, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``International 
Fisheries Stewardship and Enforcement Act''.
    (b) Table of Contents.--The table of contents for 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 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 program.
Sec. 202. International cooperation and assistance program.
                  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. Technical corrections to the Western and Central Pacific 
                            Fisheries Convention Implementation Act.
Sec. 305. Pacific Whiting Act of 2006.
Sec. 306. Committee on Scientific Cooperation for Pacific Salmon 
                            Agreement.
Sec. 307. Reauthorizations.
             Title IV--Implementation of Antigua Convention

Sec. 401. Short title.
Sec. 402. Amendment of the Tuna Conventions Act of 1950.
Sec. 403. Definitions.
Sec. 404. Commissioners; number, appointment, and qualifications.
Sec. 405. General advisory committee and scientific advisory 
                            subcommittee.
Sec. 406. Rulemaking.
Sec. 407. Prohibited acts.
Sec. 408. Enforcement.
Sec. 409. Reduction of bycatch.
Sec. 410. Repeal of Eastern Pacific Tuna Licensing Act of 1984.

TITLE I--ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND RELATED 
                               STATUTES.

SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE STATUTES.

    (a) In General.--
            (1) Enforcement of statutes.--The Secretary of Commerce and 
        the Secretary of the department in which the Coast Guard is 
        operating shall enforce the statutes to which this section 
        applies in accordance with the provisions of this section.
            (2) Utilization of nondepartmental resources.--The 
        Secretary may, by agreement, on a reimbursable basis or 
        otherwise, utilize the personnel services, equipment (including 
        aircraft and vessels), and facilities of any other Federal 
        agency, including all elements of the Department of Defense, 
        and of any State agency, in carrying out this section.
            (3) Statutes to which applicable.--This section applies 
        to--
                    (A) the High Seas Driftnet Fishing Moratorium 
                Protection Act (16 U.S.C. 1826d et seq.);
                    (B) the Pacific Salmon Treaty Act of 1985 (16 
                U.S.C. 3631 et seq.);
                    (C) the Dolphin Protection Consumer Information Act 
                (16 U.S.C. 1385);
                    (D) the Tuna Conventions Act of 1950 (16 U.S.C. 951 
                et seq.);
                    (E) the North Pacific Anadromous Stocks Act of 1992 
                (16 U.S.C. 5001 et seq.);
                    (F) the South Pacific Tuna Act of 1988 (16 U.S.C. 
                973 et seq.);
                    (G) the Antarctic Marine Living Resources 
                Convention Act of 1984 (16 U.S.C. 2431 et seq.);
                    (H) the Atlantic Tunas Convention Act of 1975 (16 
                U.S.C. 971 et seq.);
                    (I) the Northwest Atlantic Fisheries Convention Act 
                of 1995 (16 U.S.C. 5601 et seq.);
                    (J) the Western and Central Pacific Fisheries 
                Convention Implementation Act (16 U.S.C. 6901 et seq.);
                    (K) the Northern Pacific Halibut Act of 1982 (16 
                U.S.C. 773 et seq.);
                    (L) any other Act in pari materia, so designated by 
                the Secretary after notice and an opportunity for a 
                hearing; and
                    (M) the Antigua Convention Implementing Act of 
                2009.
    (b) Administration and Enforcement.--The Secretary shall prevent 
any person from violating any Act to which this section applies in the 
same manner, by the same means, and with the same jurisdiction, powers, 
and duties as though sections 307 through 311 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1857 through 1861) 
were incorporated into and made a part of each such Act. Except as 
provided in subsection (c), any person that violates any Act to which 
this section applies is subject to the penalties, and entitled to the 
privileges and immunities, provided in the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.) in the same 
manner and by the same means as though sections 307 through 311 of that 
Act were incorporated into and made a part of each such Act.
    (c) Special Rules.--
            (1) In general.--Notwithstanding the incorporation by 
        reference of certain sections of the Magnuson-Stevens Fishery 
        Conservation and Management Act under subsection (b), if there 
        is a conflict between a provision of this subsection and the 
        corresponding provision of any section of the Magnuson-Stevens 
        Fishery Conservation and Management Act so incorporated, the 
        provision of this subsection shall apply.
            (2) Civil administrative enforcement.--The amount of the 
        civil penalty for a violation of any Act to which this section 
        applies shall not exceed $250,000 for each violation. Each day 
        of a continuing violation shall constitute a separate 
        violation.
            (3) Civil judicial enforcement.--The Attorney General, upon 
        the request of the Secretary, may commence a civil action in an 
        appropriate district court of the United States to enforce this 
        Act and any Act to which this section applies, and such court 
        shall have jurisdiction to award civil penalties or such other 
        relief as justice may require, including a permanent or 
        temporary injunction. The amount of the civil penalty for a 
        violation of any Act to which this section applies shall not 
        exceed $250,000 for each violation. Each day of a continuing 
        violation shall constitute a separate violation. In determining 
        the amount of a civil penalty, the court shall take into 
        account the nature, circumstances, extent, and gravity of the 
        prohibited acts committed and, with respect to the violator, 
        the degree of culpability, any history of prior violations and 
        such other matters as justice may require. In imposing such 
        penalty, the district court may also consider information 
        related to the ability of the violator to pay.
            (4) Criminal fines and penalties.--
                    (A) Individuals.--In the case of an individual, any 
                offense described in subsection (e)(2), (3), (4), (5), 
                or (6) is punishable by a fine of not more than 
                $500,000, imprisonment for not more than 5 years, or 
                both. If, in the commission of such offense, an 
                individual uses a dangerous weapon, engages in conduct 
                that causes bodily injury to any officer authorized to 
                enforce the provisions of this Act, or places any such 
                officer in fear of imminent bodily injury the maximum 
                term of imprisonment is 10 years.
                    (B) Other persons.--In the case of any other 
                person, any offense described in subsection (e)(2), 
                (3), (4), (5), or (6) is punishable by a fine of not 
                more than $1,000,000.
            (5) Other criminal violations.--Any person (other than a 
        foreign government or any entity of such government) who 
        knowingly violates any provision of subsection (e) of this 
        section, or any provision of any regulation promulgated 
        pursuant to this Act, is guilty of a criminal offense 
        punishable--
                    (A) in the case of an individual, by a fine of not 
                more than $500,000, imprisonment for not more than 5 
                years, or both; and
                    (B) in the case of any other person, by a fine of 
                not more than $1,000,000.
            (6) Criminal forfeitures.--
                    (A) In general.--A person found guilty of an 
                offense described in subsection (e), or who is 
                convicted of a criminal violation of any Act to which 
                this section applies, shall forfeit to the United 
                States--
                            (i) any property, real or personal, 
                        constituting or traceable to the gross proceeds 
                        obtained, or retained, as a result of the 
                        offense including any marine species (or the 
                        fair market value thereof) taken or retained in 
                        connection with or as a result of the offense; 
                        and
                            (ii) any property, real or personal, used 
                        or intended to be used to commit or to 
                        facilitate the commission of the offense, 
                        including any shoreside facility, including its 
                        conveyances, structure, equipment, furniture, 
                        appurtenances, stores, and cargo.
                    (B) Procedure.--Pursuant to section 2461(c) of 
                title 28, United States Code, the provisions of section 
                413 of the Controlled Substances Act (21 U.S.C. 853), 
                other than subsection (d) thereof, shall apply to 
                criminal forfeitures under this section.
            (7) Additional enforcement authority.--In addition to the 
        powers of officers authorized pursuant to subsection (b), any 
        officer who is authorized by the Secretary, or the head of any 
        Federal or State agency that has entered into an agreement with 
        the Secretary under subsection (a) to enforce the provisions of 
        any Act to which this section applies may, with the same 
        jurisdiction, powers, and duties as though section 311 of the 
        Magnuson-Stevens fishery Conservation and Management Act (16 
        U.S.C. 1861) were incorporated into and made a part of each 
        such Act--
                    (A) search or inspect any facility or conveyance 
                used or employed in, or which reasonably appears to be 
                used or employed in, the storage, processing, 
                transport, or trade of fish or fish products;
                    (B) inspect records pertaining to the storage, 
                processing, transport, or trade of fish or fish 
                products;
                    (C) detain, for a period of up to 14 days, any 
                shipment of fish or fish product imported into, landed 
                on, introduced into, exported from, or transported 
                within the jurisdiction of the United States, or, if 
                such fish or fish product is deemed to be perishable, 
                sell and retain the proceeds therefrom for a period of 
                up to 14 days; and
                    (D) make an arrest, in accordance with any 
                guidelines which may be issued by the Attorney General, 
                for any offense under the laws of the United States 
                committed in the person's presence, or for the 
                commission of any felony under the laws of the United 
                States, if the person has reasonable grounds to believe 
                that the person to be arrested has committed or is 
                committing a felony; may search and seize, in 
                accordance with any guidelines which may be issued by 
                the Attorney General and may execute and serve any 
                subpoena, arrest warrant, search warrant issued in 
                accordance with rule 41 of the Federal Rules of 
                Criminal Procedure, or other warrant or civil or 
                criminal process issued by any officer or court of 
                competent jurisdiction.
            (8) Subpoenas.--In addition to any subpoena authority 
        pursuant to subsection (b), the Secretary may, for the purposes 
        of conducting any investigation under this section, or any 
        other statute administered by the Secretary, issue subpoenas 
        for the production of relevant papers, photographs, records, 
        books, and documents in any form, including those in 
        electronic, electrical, or magnetic form.
    (d) District Court Jurisdiction.--The several district courts of 
the United States shall have jurisdiction over any actions arising 
under this section. For the purpose of this section, American Samoa 
shall be included within the judicial district of the District Court of 
the United States for the District of Hawaii. Each violation shall be a 
separate offense and the offense shall be deemed to have been committed 
not only in the district where the violation first occurred, but also 
in any other district as authorized by law. Any offenses not committed 
in any district are subject to the venue provisions of section 3238 of 
title 18, United States Code.
    (e) Prohibited Acts.--It is unlawful for any person--
            (1) to violate any provision of this section or any Act to 
        which this section applies or any regulation promulgated 
        thereunder;
            (2) to refuse to permit any authorized enforcement officer 
        to board, search, or inspect a vessel, conveyance, or shoreside 
        facility that is subject to the person's control for purposes 
        of conducting any search, investigation, or inspection in 
        connection with the enforcement of this section or any Act to 
        which this section applies or any regulation promulgated 
        thereunder;
            (3) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigation, or inspection 
        described in paragraph (2);
            (4) to resist a lawful arrest for any act prohibited by 
        this section or any Act to which this section applies;
            (5) to interfere with, delay, or prevent, by any means, the 
        apprehension, arrest, or detection of another person, knowing 
        that such person has committed any act prohibited by this 
        section or any Act to which this section applies;
            (6) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any 
        observer on a vessel under this section or any Act to which 
        this section applies, or any data collector employed by or 
        under contract to the National Marine Fisheries Service to 
        carry out responsibilities under this section or any Act to 
        which this section applies;
            (7) to import, export, transport, sell, receive, acquire, 
        or purchase in interstate or foreign commerce any fish or fish 
        product taken, possessed, transported, or sold in violation of 
        any treaty or binding conservation measure adopted pursuant to 
        an international agreement or organization to which the United 
        States is a party; or
            (8) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        (including false identification of the species, harvesting 
        vessel or nation, or the location where harvested) which has 
        been, or is intended to be imported, exported, transported, 
        sold, offered for sale, purchased, or received in interstate or 
        foreign commerce.
    (f) Regulations.--The Secretary may promulgate such regulations, in 
accordance with section 553 of title 5, United States Code, as may be 
necessary to carry out this section or any Act to which this section 
applies.

SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMENDMENTS.

    (a) High Seas Driftnet Fishing Moratorium Protection Act.--
            (1) Section 606 of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826g) is amended--
                    (A) by inserting ``(a) Detecting, Monitoring, and 
                Preventing Violations.--'' before ``The President''; 
                and
                    (B) by adding at the end thereof the following:
    ``(b) Enforcement.--This Act shall be enforced under section 101 of 
the International Fisheries Stewardship and Enforcement Act.''.
            (2) Section 607(2) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826h(2)) is amended by 
        striking ``whose vessels'' and inserting ``that''.
            (3) Section 609(a) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j(a)) is amended to 
        read as follows:
    ``(a) Identification.--
            ``(1) In general.--The Secretary shall identify, and list 
        in the report under section 607, a nation if that nation is 
        engaged, or has been engaged at any time during the preceding 3 
        years, in illegal, unreported, or unregulated fishing and--
                    ``(A) such fishing undermines the effectiveness of 
                measures required under the relevant international 
                fishery management organization;
                    ``(B) the relevant international fishery management 
                organization has failed to implement effective measures 
                to end the illegal, unreported, or unregulated fishing 
                activity by vessels of that nation, or the nation is 
                not a party to, or does not maintain cooperating status 
                with, such organization; or
                    ``(C) there is no international fishery management 
                organization with a mandate to regulate the fishing 
                activity in question.
            ``(2) Other identifying activities.--The Secretary shall 
        also identify, and list in the report under section 607, a 
        nation if--
                    ``(A) it is violating, or has violated at any time 
                during the preceding 3 years, conservation and 
                management measures required under an international 
                fishery management agreement to which the United States 
                is a party and the violations undermine the 
                effectiveness of such measures, taking into account the 
                factors described in paragraph (1); or
                    ``(B) it is failing, or has failed at any time 
                during the preceding 3 years, to effectively address or 
                regulate illegal, unreported, or unregulated fishing in 
                areas described in paragraph (1)(C).
            ``(3) Treatment of certain entities as if they were 
        nations.--Where the provisions of this Act apply to the act, or 
        failure to act, of a nation, they shall also be applicable, as 
        appropriate, to any other entity that is competent to enter 
        into an international fishery management agreement.''.
            (4) Section 609(d)(1) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j(d)(1)) is amended by 
        striking ``of its fishing vessels'' each place it appears.
            (5) Section 609(d)(2) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826j(d)(2)) is amended--
                    (A) by striking ``procedure for certification,'' 
                and inserting ``procedure,'';
                    (B) by striking ``basis of fish'' and inserting 
                ``basis, for allowing importation of fish''; and
                    (C) by striking ``harvesting nation not certified 
                under paragraph (1)'' and inserting ``nation issued a 
                negative certification under paragraph (1)''.
            (6) Section 610(a)(1) of the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826k(a)(1)) is amended--
                    (A) by striking ``calendar year'' and inserting ``3 
                years''; and
                    (B) by striking ``practices;'' and inserting 
                ``practices--''.
    (b) Dolphin Protection Consumer Information Act.--Section 901 of 
the Dolphin Protection Consumer Information Act (16 U.S.C. 1385) is 
amended--
            (1) by adding at the end of subsection (d) the following:
    ``(4) It is a violation of section 101 of the International 
Fisheries Stewardship and Enforcement Act for any person to assault, 
resist, oppose, impede, intimidate, or interfere with and authorized 
officer in the conduct of any search, investigation or inspection under 
this Act.''; and
            (2) by striking subsection (e) and inserting the following:
    ``(e) Enforcement.--This Act shall be enforced under section 101 of 
the International Fisheries Stewardship and Enforcement Act.''.
    (c) Tuna Conventions Act of 1950.--Section 8 of the Tuna 
Conventions Act of 1950 (16 U.S.C. 957) is amended--
            (1) by striking ``regulations.'' in subsection (a) and 
        inserting ``regulation or for any person to make or submit any 
        false record, account, or label for, or any false 
        identification of, any fish or fish product (including the 
        false identification of species, harvesting vessel or nation or 
        the location where harvested) which has been, or is intended to 
        be imported, exported, transported, sold, offered for sale, 
        purchased, or received in interstate or foreign commerce.'';
            (2) by striking subsection (d) and inserting the following:
    ``(d) It shall be unlawful for any person--
            ``(1) to refuse to permit any officer authorized to enforce 
        the provisions of this Act to board a fishing vessel subject to 
        such person's control for purposes of conducting any search, 
        investigation, or inspection in connection with the enforcement 
        of this Act or any regulation promulgation or permit issued 
        under this Act;
            ``(2) to forcibly assault, resist, oppose, impede, 
        intimidate, or interfere with any such authorized officer in 
        the conduct of any search, investigation or inspection 
        described in paragraph (1);
            ``(3) to resist a lawful arrest for any act prohibited by 
        this section; or
            ``(4) to interfere with, delay, or prevent, by any means, 
        the apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this 
        section.'';
            (3) by striking subsections (e) through (g) and 
        redesignating subsection (h) as subsection (f); and
            (4) by inserting after subsection (d) the following:
    ``(e) Enforcement.--This section shall be enforced under section 
101 of the International Fisheries Stewardship and Enforcement Act.''.
    (d) Northern Pacific Anadromous Stocks Act of 1992.--
            (1) Unlawful activities.--Section 810 of the Northern 
        Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is 
        amended--
                    (A) by striking ``purchases'' in paragraph (5) and 
                inserting ``purposes'';
                    (B) by striking ``search or inspection'' in 
                paragraph (5) and inserting ``search, investigation, or 
                inspection'';
                    (C) by striking ``search or inspection'' in 
                paragraph (6) and inserting ``search, investigation, or 
                inspection'';
                    (D) by striking ``or'' after the semicolon in 
                paragraph (8);
                    (E) by striking ``title.'' in paragraph (9) and 
                inserting ``title; or''; and
                    (F) by adding at the end thereof the following:
            ``(10) for any person to make or submit any false record, 
        account, or label for, or any false identification of, any fish 
        or fish product (including false identification of the species, 
        harvesting vessel or nation, or the location where harvested) 
        which has been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce.''.
            (2) Administration and Enforcement.--Section 811 of the 
        Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5010) 
        is amended to read as follows:

``SEC. 811. ADMINISTRATION AND ENFORCEMENT.

    ``This Act shall be enforced under section 101 of the International 
Fisheries Stewardship and Enforcement Act.''.
    (e) Pacific Salmon Treaty Act of 1985.--Section 8 of the Pacific 
Salmon Treaty Act of 1985 (16 U.S.C. 3637) is amended--
            (1) by striking ``search or inspection'' in subsection 
        (a)(2) and inserting ``search, investigation, or inspection'';
            (2) by striking ``search or inspection'' in subsection 
        (a)(3) and inserting ``search, investigation, or inspection'';
            (3) by striking ``or'' after the semicolon in subsection 
        (a)(5);
            (4) by striking ``section.'' in subsection (a)(6) and 
        inserting ``section; or'';
            (5) by adding at the end of subsection (a) the following:
            ``(7) for any person to make or submit any false record, 
        account, or label for, or any false identification of, any fish 
        or fish product (including false identification of the species, 
        harvesting vessel or nation, or the location where harvested) 
        which has been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce.''; and
            (6) by striking subsections (b) through (f) and inserting 
        the following:
    ``(b) Administration and Enforcement.--This Act shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
    (f) South Pacific Tuna Act of 1988.--
            (1) Prohibited acts.--Section 5(a) of the South Pacific 
        Tuna Act of 1988 (16 U.S.C. 973c(a)) is amended--
                    (A) by striking ``search or inspection'' in 
                paragraph (8) and inserting ``search, investigation, or 
                inspection'';
                    (B) by striking ``search or inspection'' in 
                paragraph (10)(A) and inserting ``search, 
                investigation, or inspection'';
                    (C) by striking ``or'' after the semicolon in 
                paragraph (12);
                    (D) by striking `` retained.'' in paragraph (13) 
                and inserting ``retained; or''; and
                    (E) by adding at the end thereof the following:
            ``(14) for any person to make or submit any false record, 
        account, or label for, or any false identification of, any fish 
        or fish product (including false identification of the species, 
        harvesting vessel or nation, or the location where harvested) 
        which has been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce.''.
            (2) Administration and enforcement.--The South Pacific Tuna 
        Act of 1988 (16 U.S.C. 973 et seq.) is amended by striking 
        sections 7 and 8 (16 U.S.C. 973e and 973f) and inserting the 
        following:

``SEC. 7. ADMINISTRATION AND ENFORCEMENT.

    ``This Act shall be enforced under section 101 of the International 
Fisheries Stewardship and Enforcement Act.''.
    (g) Antarctic Marine Living Resources Convention Act of 1984.--
            (1) Unlawful activities.--Section 306 of the Antarctic 
        Marine Living Resources Convention Act (16 U.S.C. 2435) is 
        amended--
                    (A) by striking ``which he knows, or reasonably 
                should have known, was'' in paragraph (3);
                    (B) by striking ``search or inspection'' in 
                paragraph (4) and inserting ``search, investigation, or 
                inspection'';
                    (C) by striking ``search or inspection'' in 
                paragraph (5) and inserting ``search, investigation, or 
                inspection'';
                    (D) by striking ``or'' after the semicolon in 
                paragraph (6);
                    (E) by striking ``section.'' in paragraph (7) and 
                inserting ``section; or''; and
                    (F) by adding at the end thereof the following:
            ``(8) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        (including false identification of the species, harvesting 
        vessel or nation, or the location where harvested) which has 
        been, or is intended to be imported, exported, transported, 
        sold, offered for sale, purchased, or received in interstate or 
        foreign commerce.''.
            (2) Regulations.--Section 307 of the Antarctic Marine 
        Living Resources Convention Act (16 U.S.C. 2436) is amended by 
        inserting after ``title.'' the following: ``Notwithstanding the 
        provisions of subsections (b), (c), and (d) of section 553 of 
        title 5, United States Code, the Secretary of Commerce may 
        publish in the Federal Register a final rule to implement 
        conservation measures, described in section 305(a) of this Act, 
        that are in effect for 12 months or less, adopted by the 
        Commission, and not objected to by the United States within the 
        time period allotted under Article IX of the Convention. Upon 
        publication in the Federal Register, such conservation measures 
        shall be in force with respect to the United States.''.
            (3) Penalties and Enforcement.--The Antarctic Marine Living 
        Resources Convention Act (16 U.S.C. 2431 et seq.) is amended--
                    (A) by striking sections 308 and 309 (16 U.S.C. 
                2437 and 2438);
                    (B) by striking subsection (b), (c), and (d) of 
                section 310 (16 U.S.C. 2439) and redesignating 
                subsection (e) as subsection (c); and
                    (C) by inserting after subsection (a) the 
                following:
    ``(b) Administration and Enforcement.--This title shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
    (h) Atlantic Tunas Convention Act of 1975.--
            (1) Violations.--Section 7 of the Atlantic Tunas Convention 
        Act of 1975 (16 U.S.C. 971e) is amended--
                    (A) by striking subsections (e) and (f) and 
                redesignating subsection (g) as subsection (f); and
                    (B) by inserting after subsection (d) the 
                following:
    ``(e) Mislabeling.--It shall be unlawful for any person to make or 
submit any false record, account, or label for, or any false 
identification of, any fish or fish product (including the false 
identification of the species, harvesting vessel or nation, or the 
location where harvested) which has been, or is intended to be, 
imported, exported, transported, sold, offered for sale, purchased or 
received in interstate or foreign commerce.''.
            (2) Enforcement.--Section 8 of the Atlantic Tunas 
        Convention Act of 1975 (16 U.S.C. 971f) is amended--
                    (A) by striking subsections (a) and (c);
                    (B) by striking ``(b) International Enforcement.--
                '' in subsection (b) and inserting ``This Act shall be 
                enforced under section 101 of the International 
                Fisheries Stewardship and Enforcement Act.''; and
                    (C) by striking ``shall have the authority to carry 
                out the enforcement activities specified in section 
                8(a) of this Act'' each place it appears and inserting 
                ``shall enforce this Act''.
    (i) Northwest Atlantic Fisheries Convention Act of 1995.--Section 
207 of the Northwest Atlantic Fisheries Convention Act of 1995 (16 
U.S.C. 5606) is amended--
            (1) by striking ``AND PENALTIES.'' in the section caption 
        and inserting ``AND ENFORCEMENT.'';
            (2) by striking ``search or inspection'' in subsection 
        (a)(2) and inserting ``search, investigation, or inspection'';
            (3) by striking ``search or inspection'' in subsection 
        (a)(3) and inserting ``search, investigation, or inspection'';
            (4) by striking ``or'' after the semicolon in subsection 
        (a)(5);
            (5) by striking ``section.'' in subsection (a)(6) and 
        inserting ``section ; or'';
            (6) by adding at the end of subsection (a) the following:
            ``(7) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        (including false identification of the species, harvesting 
        vessel or nation, or the location where harvested) which has 
        been, or is intended to be imported, exported, transported, 
        sold, offered for sale, purchased, or received in interstate or 
        foreign commerce.''; and
            (7) by striking subsection (b) through (f) and inserting 
        the following:
    ``(b) Administration and Enforcement.--This title shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
    (j) Western and Central Pacific Fisheries Convention Implementation 
Act.--
            (1) Adminstration and enforcement.--Section 506(c) of the 
        Western and Central Pacific Fisheries Convention Implementation 
        Act (16 U.S.C. 6905(c)) is amended to read as follows:
    ``(c) Administration and Enforcement.--This title shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.
            (2) Prohibited acts.--Section 507(a) of the Western and 
        Central Pacific Fisheries Convention Implementation Act (16 
        U.S.C. 6906(a)) is amended--
                    (A) by striking ``suspension, on'' in paragraph (2) 
                and inserting ``suspension of'';
                    (B) by striking ``title.'' in paragraph (14) and 
                inserting ``title; or''; and
                    (C) by adding at the end thereof the following:
            ``(15) to make or submit any false record, account, or 
        label for, or any false identification of, any fish or fish 
        product (including false identification of the species, 
        harvesting vessel or nation, or the location where harvested) 
        which has been, or is intended to be imported, exported, 
        transported, sold, offered for sale, purchased, or received in 
        interstate or foreign commerce.''.
    (k) Northern Pacific Halibut Act of 1982.--
            (1) Prohibited acts.--Section 7 of the Northern Pacific 
        Halibut Act of 1982 (16 U.S.C. 773e) is amended--
                    (A) by redesignating subdivisions (a) and (b) as 
                paragraphs (1) and (2), respectively, and subdivisions 
                (1) through (6) of paragraph (1), as redesignated, as 
                subparagraphs (A) through (F);
                    (B) by striking ``search or inspection'' in 
                paragraph (1)(B), as redesignated, and inserting 
                ``search, investigation, or inspection'';
                    (C) by striking ``search or inspection'' in 
                paragraph (1)(C), as redesignated, and inserting 
                ``search, investigation, or inspection'';
                    (D) by striking ``or'' after the semicolon in 
                paragraph (1)(E), as redesignated;
                    (E) by striking ``section.'' in paragraph (1)(F), 
                as redesignated, and inserting ``section;''; and
                    (F) by adding at the end of paragraph (1), as 
                redesignated, the following:
            ``(G) to make or submit any false record, account, or label 
        for, or any false identification of, any fish or fish product 
        (including false identification of the species, harvesting 
        vessel or nation, or the location where harvested) which has 
        been, or is intended to be imported, exported, transported, 
        sold, offered for sale, purchased, or received in interstate or 
        foreign commerce.''.
            (2) Administration and enforcement.--The Northern Pacific 
        Halibut Act of 1982 (16 U.S.C. 773 et seq.) is amended--
                    (A) by striking sections 3, 9, and 10 (16 U.S.C. 
                773f, 773g, and 773h); and
                    (B) by striking subsections (b) through (f) of 
                section 11 (16 U.S.C. 773i) and inserting the 
                following:
    ``(b) Administration and Enforcement.--This Act shall be enforced 
under section 101 of the International Fisheries Stewardship and 
Enforcement Act.''.

SEC. 103. ILLEGAL, UNREPORTED, OR UNREGULATED FISHING.

    (a) In General.--Section 608 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826i), as amended by section 
302(a) of this Act, is further amended by adding at the end thereof the 
following:
    ``(c) Vessels and Vessel Owners Engaged in Illegal, Unreported, or 
Unregulated Fishing.--The Secretary may--
            ``(1) develop, maintain, and make public a list of vessels 
        and vessel owners engaged in illegal, unreported, or 
        unregulated fishing, including vessels or vessel owners 
        identified by an international fishery management organization 
        or arrangement made pursuant to an international fishery 
        agreement, whether or not the United States is a party to such 
        organization or arrangement;
            ``(2) take appropriate action against listed vessels and 
        vessel owners, including action against fish, fish parts, or 
        fish products from such vessels, in accordance with applicable 
        United States law and consistent with applicable international 
        law, including principles, rights, and obligations established 
        in applicable international fishery management and trade 
        agreements; and
            ``(3) provide notification to the public of vessels and 
        vessel owners identified by international fishery management 
        organizations or arrangements made pursuant to an international 
        fishery agreement as having been engaged in illegal, 
        unreported, or unregulated fishing, as well as any measures 
        adopted by such organizations or arrangements to address 
        illegal, unreported, or unregulated fishing.
    ``(d) Restrictions on Port Access or Use.--Action taken by the 
Secretary under subsection (c)(2) that includes measures to restrict 
use of or access to ports or port services shall apply to all ports of 
the United States and its territories.
    ``(e) Regulations.--The Secretary may promulgate regulations to 
implement subsections (c) and (d).''.
    (b) Additional Measures.--
            (1) Amendment of the high seas driftnet fishing moratorium 
        protection act.--
                    (A) Section 609(d)(3) of the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 
                1826j(d)(3)) is amended by striking ``that has not been 
                certified by the Secretary under this subsection, or'' 
                in subparagraph (A)(i).
                    (B) Section 610(c)(5) of the High Seas Driftnet 
                Fishing Moratorium Protection Act (16 U.S.C. 
                1826k(c)(5)) is amended by striking ``that has not been 
                certified by the Secretary under this subsection, or''.
            (2) Amendment of the high seas driftnet fisheries 
        enforcement act.--
                    (A) Section 101 of the High Seas Driftnet Fisheries 
                Enforcement Act (16 U.S.C. 1826a) is amended--
                            (i) by striking subsection (a)(2) and 
                        inserting the following:
            ``(2) Denial of port privileges.--The Secretary of the 
        Treasury shall, in accordance with recognized principles of 
        international law--
                    ``(A) withhold or revoke the clearance required by 
                section 60105 of title 46, United States Code, for--
                            ``(i) any large-scale driftnet fishing 
                        vessel that is documented under the law of the 
                        United States or of a nation included on a list 
                        published under paragraph (1); or
                            ``(ii) any fishing vessel of a nation that 
                        receives a negative certification under section 
                        609(d) or 610(c) of the High Seas Driftnet 
                        Fishing Moratorium Protection Act (16 U.S.C. 
                        1826j(d) or 1826k(c)); and
                    ``(B) deny entry of that vessel to any place in the 
                United States and to the navigable waters of the United 
                States, except for the purpose of inspecting the 
                vessel, conducting an investigation, or taking other 
                appropriate enforcement action.'';
                            (ii) by striking ``or illegal, unreported, 
                        or unregulated fishing'' each place it appears 
                        in subsection (b)(1) and (2);
                            (iii) by striking ``or'' after the 
                        semicolon in subsection (b)(3)(A)(i);
                            (iv) by striking ``nation.'' in subsection 
                        (b)(3)(A)(ii) and inserting ``nation; or'';
                            (v) by adding at the end of subsection 
                        (b)(3)(A) the following:
                            ``(iii) upon receipt of notification of a 
                        negative certification under section 609(d)(1) 
                        or 610(c)(1) of the High Seas Driftnet Fishing 
                        Moratorium Protection Act (16 U.S.C. 
                        1826j(d)(1) or 1826k(c)(1)).'';
                            (vi) by inserting ``or after issuing a 
                        negative certification under section 609(d)(1) 
                        or 610(c)(1) of the High Seas Driftnet Fishing 
                        Moratorium Protection Act (16 U.S.C. 
                        1826j(d)(1) or 1826k(c)(1),'' after ``paragraph 
                        (1),'' in subsection (b)(4)(A); and
                            (vii) by striking subsection (b)(4)(A)(i) 
                        and inserting the following:
                            ``(i) any prohibition established under 
                        paragraph (3) is insufficient to cause that 
                        nation--
                                    ``(I) to terminate large-scale 
                                driftnet fishing conducted by its 
                                nationals and vessels beyond the 
                                exclusive economic zone of any nation;
                                    ``(II) to address illegal, 
                                unreported, or unregulated fishing 
                                activities for which a nation has been 
                                identified under section 609 of the 
                                High Seas Driftnet Fishing Moratorium 
                                Protection Act (16 U.S.C. 1826j); or
                                    ``(III) to address bycatch of a 
                                protected living marine resource for 
                                which a nation has been identified 
                                under section 610 of such Act (16 
                                U.S.C. 1826k); or''.
                    (B) Section 102 of the High Seas Driftnet Fisheries 
                Enforcement Act (16 U.S.C. 1826b) is amended by 
                striking ``such nation has terminated large-scale 
                driftnet fishing or illegal, unreported, or unregulated 
                fishing by its nationals and vessels beyond the 
                exclusive economic zone of any nation.'' and inserting 
                ``such nation has--
            ``(1) terminated large-scale driftnet fishing by its 
        nationals and vessels beyond the exclusive economic zone of any 
        nation;
            ``(2) addressed illegal, unreported, or unregulated fishing 
        activities for which a nation has been identified under section 
        609 of the High Seas Driftnet Fishing Moratorium Protection Act 
        (16 U.S.C. 1826j); or
            ``(3) addressed bycatch of a protected living marine 
        resource for which a nation has been identified under section 
        610 of that Act (16 U.S.C. 1826k).''.

SEC. 104. LIABILITY.

    Any claims arising from the actions of any officer, authorized by 
the Secretary to enforce the provisions of this Act or any Act to which 
this Act applies, taken pursuant to any scheme for at-sea boarding and 
inspection authorized under any international agreement to which the 
United States is a party may be pursued under chapter 171 of title 28, 
United States Code, or such other legal authority as may be pertinent.

        TITLE II--LAW ENFORCEMENT AND INTERNATIONAL OPERATIONS.

SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PROGRAM.

    (a) Establishment.--
            (1) In general.--Within 12 months after the date of the 
        enactment of this Act, the Secretary shall, subject to the 
        availability of appropriations, establish an International 
        Fisheries Enforcement Program within the Office of Law 
        Enforcement of the National Marine Fisheries Service.
            (2) Purpose.--The Program shall be an interagency program 
        established and administered by the Secretary in coordination 
        with the heads of other departments and agencies for the 
        purpose of detecting and investigating illegal, unreported, or 
        unregulated fishing activity and enforcing the provisions of 
        this Act.
            (3) Staff.--The Program shall be staffed with 
        representation from the U.S. Coast Guard, U.S. Customs and 
        Border Protection, U.S. Food and Drug Administration, and any 
        other department or agency determined by the Secretary to be 
        appropriate and necessary to detect and investigate illegal, 
        unreported, or unregulated fishing activity and enforce the 
        provisions of this Act.
    (b) Program Actions.--
            (1) Staffing and other resources.--At the request of the 
        Secretary, the heads of other departments and agencies 
        providing staff for the Program shall--
                    (A) by agreement, on a reimbursable basis or 
                otherwise, participate in staffing the Program;
                    (B) by agreement, on a reimbursable basis or 
                otherwise, share personnel, services, equipment 
                (including aircraft and vessels), and facilities with 
                the Program; and
                    (C) to the extent possible, and consistent with 
                other applicable law, extend the enforcement 
                authorities provided by their enabling legislation to 
                the other departments and agencies participating in the 
                Program for the purposes of conducting joint operations 
                to detect and investigate illegal, unreported or 
                unregulated fishing activity and enforcing the 
                provisions of this Act.
            (2) Budget.--The Secretary and the heads of other 
        departments and agencies providing staff for the Program, may, 
        at their discretion, develop interagency plans and budgets and 
        engage in interagency financing for such purposes.
            (3) 5-year plan.--Within 180 days after the date on which 
        the Program is established under subsection (a), the Secretary 
        shall develop a 5-year strategic plan for guiding interagency 
        and intergovernmental international fisheries enforcement 
        efforts to carry out the provisions of this Act. The Secretary 
        shall update the plan periodically as necessary, but at least 
        once every 5 years.
            (4) Cooperative activities.--The Secretary, in coordination 
        with the heads of other departments and agencies providing 
        staff for the Program, may--
                    (A) create and participate in task forces, 
                committees, or other working groups with other Federal, 
                State or local governments as well as with the 
                governments of other nations for the purposes of 
                detecting and investigating illegal, unreported, or 
                unregulated fishing activity and carrying out the 
                provisions of this Act; and
                    (B) enter into agreements with other Federal, 
                State, or local governments as well as with the 
                governments of other nations, on a reimbursable basis 
                or otherwise, for such purposes.
    (c) Powers of Authorized Officers.--Notwithstanding any other 
provision of law, while operating under an agreement with the Secretary 
entered into under section 101 of this Act, and conducting joint 
operations as part of the Program for the purposes of detecting and 
investigating illegal, unreported or unregulated fishing activity and 
enforcing the provisions of this Act, authorized officers shall have 
the powers and authority provided in that section.
    (d) Information Collection, Maintenance and Use.--
            (1) In general.--The Secretary and the heads of other 
        departments and agencies providing staff for the Program shall, 
        to the maximum extent allowable by law, share all applicable 
        information, intelligence and data, related to the harvest, 
        transportation or trade of fish and fish product in order to 
        detect and investigate illegal, unreported, or unregulated 
        fishing activity and to carry out the provisions of this Act.
            (2) Coordination of data.--The Secretary, through the 
        Program, shall coordinate the collection, storage, analysis, 
        and dissemination of all applicable information, intelligence, 
        and data related to the harvest, transportation, or trade of 
        fish and fish product collected or maintained by the member 
        agencies of the Program.
            (3) Confidentiality.--The Secretary, through the Program, 
        shall ensure the protection and confidentiality required by law 
        for information, intelligence, and data related to the harvest, 
        transportation, or trade of fish and fish product obtained by 
        the Program.
            (4) Data standardization.--The Secretary and the heads of 
        other departments and agencies providing staff for the Program 
        shall, to the maximum extent practicable, develop data 
        standardization for fisheries related data for Program agencies 
        and with international fisheries enforcement databases as 
        appropriate.
            (5) Assistance from intelligence community.--Upon request 
        of the Secretary, elements of the intelligence community (as 
        defined in section 3(4) of the National Security Act of 1947 
        (50 U.S.C. 401a(4))) shall collect information related to 
        illegal, unreported, or unregulated fishing activity outside 
        the United States about individuals who are not United States 
        persons (as defined in section 105A(c)(2) of such Act (50 
        U.S.C. 403-5a(c)(2))). Such elements of the intelligence 
        community shall collect and share such information with the 
        Secretary through the Program for law enforcement purposes in 
        order to detect and investigate illegal, unreported, or 
        unregulated fishing activities and to carry out the provisions 
        of this Act. All collection and sharing of information shall be 
        in accordance with the National Security Act of 1947 (50 U.S.C. 
        401 et seq.).
            (6) Information sharing.--The Secretary, through the 
        Program, shall have authority to share fisheries-related data 
        with other Federal or State government agency, foreign 
        government, the Food and Agriculture Organization of the United 
        Nations, or the secretariat or equivalent of an international 
        fisheries management organization or arrangement made pursuant 
        to an international fishery agreement, if--
                    (A) such governments, organizations, or 
                arrangements have policies and procedures to safeguard 
                such information from unintended or unauthorized 
                disclosure; and
                    (B) the exchange of information is necessary--
                            (i) to ensure compliance with any law or 
                        regulation enforced or administered by the 
                        Secretary;
                            (ii) to administer or enforce treaties to 
                        which the United States is a party;
                            (iii) to administer or enforce binding 
                        conservation measures adopted by any 
                        international organization or arrangement to 
                        which the United States is a party;
                            (iv) to assist in investigative, judicial, 
                        or administrative enforcement proceedings in 
                        the United States; or
                            (v) to assist in any fisheries or living 
                        marine resource related law enforcement action 
                        undertaken by a law enforcement agency of a 
                        foreign government, or in relation to a legal 
                        proceeding undertaken by a foreign government.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated $30,000,000 to the Secretary for each of fiscal years 2010 
through 2015 to carry out this section.

SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE PROGRAM.

    (a) International Cooperation and Assistance Program.--The 
Secretary may establish an international cooperation and assistance 
program, including grants, to provide assistance for international 
capacity building efforts.
    (b) Authorized Activities.--In carrying out the program, the 
Secretary may--
            (1) provide funding and technical expertise to other 
        nations to assist them in addressing illegal, unreported, or 
        unregulated fishing activities;
            (2) provide funding and technical expertise to other 
        nations to assist them in reducing the loss and environmental 
        impacts of derelict fishing gears, reducing the bycatch of 
        living marine resources, and promoting international marine 
        resource conservation;
            (3) provide funding, technical expertise, and training, in 
        cooperation with the International Fisheries Enforcement 
        Program under section 201 of this Act, to other nations to aid 
        them in building capacity for enhanced fisheries management, 
        fisheries monitoring, catch and trade tracking activities, 
        enforcement, and international marine resource conservation;
            (4) establish partnerships with other Federal agencies, as 
        appropriate, to ensure that fisheries development assistance to 
        other nations is directed toward projects that promote 
        sustainable fisheries; and
            (5) conduct outreach and education efforts in order to 
        promote public and private sector awareness of international 
        fisheries sustainability issues, including the need to combat 
        illegal, unreported, or unregulated fishing activity and to 
        promote international marine resource conservation.
    (c) Guidelines.--The Secretary may establish guidelines necessary 
to implement the program.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Secretary $5,000,000 for each of fiscal years 2010 
through 2015 to carry out this section. -

                  TITLE III--MISCELLANEOUS AMENDMENTS

SEC. 301. ATLANTIC TUNAS CONVENTION ACT OF 1975.

    (a) Elimination of Annual Report.--Section 11 of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971j) is repealed.
    (b) Certain Regulations.--Section 971d(c)(2) of the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 971d(c)(2)) is amended--
            (1) by inserting ``(A)'' after ``(2)'';
            (2) by striking ``(A) submission'' and inserting ``the 
        presentation'';
            (3) by striking ``arguments, and (B) oral presentation at a 
        public hearing. Such'' and inserting ``written or oral 
        statements at a public hearing. After consideration of such 
        presentations, the ''; and
            (4) by adding at the end thereof the following:
    ``(B) The Secretary may issue final regulations to implement 
Commission recommendations referred to in paragraph (1) of this 
subsection concerning trade restrictive measures against nations or 
fishing entities without regard to the requirements of subparagraph (A) 
of this paragraph and subsections (b) and (c) of section 553 of title 
5, United States Code.''.

SEC. 302. DATA SHARING.

    (a) High Seas Driftnet Fishing Moratorium Protection Act.--Section 
608 of the High Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826i) is amended--
            (1) by inserting ``(a) In General.--'' before ``The 
        Secretary,'';
            (2) by striking ``organizations'' the first place it 
        appears and inserting, ``organizations, or arrangements made 
        pursuant to an international fishery agreement (as defined in 
        section 3(24) of the Magnuson-Stevens Fishery Conservation and 
        Management Act),'';
            (3) by striking ``and'' after the semicolon in paragraph 
        (2)(C);
            (4) by striking ``territories.'' in paragraph (3) and 
        inserting ``territories; and''; and
            (5) by adding at the end thereof the following:
            ``(4) urging other nations, through the regional fishery 
        management organizations of which the United States is a 
        member, bilaterally and otherwise to seek and foster the 
        sharing of accurate, relevant, and timely information--
                    ``(A) to improve the scientific understanding of 
                marine ecosystems;
                    ``(B) to improve fisheries management decisions;
                    ``(C) to promote the conservation of protected 
                living marine resources;
                    ``(D) to combat illegal, unreported, and 
                unregulated fishing; and
                    ``(E) to improve compliance with conservation and 
                management measures in international waters.
    ``(b) Information Sharing.--In carrying out this section, the 
Secretary may disclose, as necessary and appropriate, information to 
the Food and Agriculture Organization of the United Nations, 
international fishery management organizations (as so defined), or 
arrangements made pursuant to an international fishery agreement, if 
such organizations or arrangements have policies and procedures to 
safeguard such information from unintended or unauthorized 
disclosure.''.
    (b) Conforming Amendment.--Section 402(b)(1) of the Magnuson-
Stevens Fishery Conservation and Management Act (16 U.S.C. 1881a(b)(1)) 
is amended--
            (1) by striking ``or'' after the semicolon in subparagraph 
        (G);
            (2) by redesignating subparagraph (H) as subparagraph (J); 
        and
            (3) by inserting after subparagraph (G) the following:
            ``(H) to the Food and Agriculture Organization of the 
        United Nations, international fishery management organizations, 
        or arrangements made pursuant to an international fishery 
        agreement as provided for in the High Seas Driftnet Fishing 
        Moratorium Protection Act (16 U.S.C. 1826i(b));
            ``(I) to any other Federal or State government agency, 
        foreign government, the Food and Agriculture Organization of 
        the United Nations, or the secretariat or equivalent of an 
        international fisheries management organization or arrangement 
        made pursuant to an international fishery agreement, as 
        provided in section 201(d)(6) of the International Fisheries 
        Stewardship and Enforcement Act; or''.

SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COMPLIANCE ACT OF 1995.

    Section 104(f) of the High Seas Fishing Compliance Act (16 U.S.C. 
5503(f)) is amended to read as follows:
    ``(f) Validity.--A permit issued under this section is void if--
            ``(1) 1 or more permits or authorizations required for a 
        vessel to fish, in addition to a permit issued under this 
        section, expire, are revoked, or are suspended; or
            ``(2) the vessel is no longer eligible for United States 
        documentation, such documentation is revoked or denied, or the 
        vessel is deleted from such documentation.''.

SEC. 304. TECHNICAL CORRECTIONS TO THE WESTERN AND CENTRAL PACIFIC 
              FISHERIES CONVENTION IMPLEMENTATION ACT.

    Section 503 of the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6902) is amended--
            (1) by striking ``Management Council and'' in subsection 
        (a) and inserting ``Management Council, and one of whom shall 
        be the chairman or a member of'';
            (2) by striking subsection (c)(1) and inserting the 
        following:
            ``(1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the United 
        States Government, shall not be considered Federal employees 
        except for the purposes of injury compensation or tort claims 
        liability as provided in chapter 81 of title 5, United States 
        Code, and chapter 171 of title 28, United States Code.''; and
            (3) by striking subsection (d)(2)(B)(ii) and inserting the 
        following:
                            ``(ii) shall not be considered Federal 
                        employees except for the purposes of injury 
                        compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.''.

SEC. 305. PACIFIC WHITING ACT OF 2006.

    (a) Scientific Experts.--Section 605(a)(1) of the Pacific Whiting 
Act of 2006 (16 U.S.C. 7004(a)(1)) is amended by striking ``at least 6 
but not more than 12'' inserting ``no more than 2''.
    (b) Employment Status.--Section 609(a) of the Pacific Whiting Act 
of 2006 (16 U.S.C. 7008(a)) is amended to read as follows:
    ``(a) Employment Status.--Individuals appointed under section 603, 
604, 605, or 606 of this title, other than officers or employees of the 
United States Government, shall not be considered to be Federal 
employees while performing such service, except for purposes of injury 
compensation or tort claims liability as provided in chapter 81 of 
title 5, United States Code, and chapter 171 of title 28, United States 
Code.''.

SEC. 306. COMMITTEE ON SCIENTIFIC COOPERATION FOR PACIFIC SALMON 
              AGREEMENT.

    Section 11 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
3640) is amended by redesignating subsections (c) and (d) as 
subsections (d) and (e), respectively, and inserting after subsection 
(b) the following:
    ``(c) Scientific Cooperation Committee.--Members of the Committee 
on Scientific Cooperation who are not State or Federal employees shall 
receive compensation at a rate equivalent to the rate payable for level 
IV of the Executive Schedule under section 5315 of title 5, United 
States Code, when engaged in actual performance of duties for the 
Commission.''.

SEC. 307. REAUTHORIZATIONS.

    (a) International Dolphin Conservation Program.--Section 304(c)(1) 
of the Marine Mammal Protection Act (16 U.S.C. 1414a(c)(1)) is amended 
by adding at the end thereof the following:
                    ``(5) $1,000,000 for each of fiscal years 2009 
                through 2013.''.
    (b) Pacific Salmon Treaty Act of 1985.--Section 16(d)(2)(A) of the 
Pacific Salmon Treaty Act of 1985 (16 3645(d)(2)(A)) is amended by 
striking ``and 2009,'' and inserting ``2009, 2010, 2011, 2012, and 
2013,''.
    (c) South Pacific Tuna Act of 1988.--Section 20(a) of the South 
Pacific Tuna Act of 1988 (16 U.S.C. 973r(a)) is amended by striking 
``1992, 1993, 1994, 1995, 1996, 1997, 1998, 1999, 2000, 2001, and 
2002,'' each place it appears and inserting ``2009 through 2013''.

           TITLE IV--IMPLEMENTATION OF THE ANTIGUA CONVENTION

SEC. 401. SHORT TITLE.

    This title may be cited as the ``Antigua Convention Implementing 
Act of 2009''.

SEC. 402. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950.

    Except as otherwise expressly provided, whenever in this title an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the Tuna Conventions Act of 
1950 (16 U.S.C. 951 et seq.).

SEC. 403. DEFINITIONS.

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

``SEC. 2. DEFINITIONS.

    ``In this Act:
            ``(1) Antigua convention.--The term `Antigua Convention' 
        means the Convention for the Strengthening of the Inter-
        American Tropical Tuna Commission Established by the 1949 
        Convention Between the United States of America and the 
        Republic of Costa Rica, signed at Washington, November 14, 
        2003.
            ``(2) Commission.--The term `Commission' means the Inter-
        American Tropical Tuna Commission provided for by the 
        Convention.
            ``(3) Convention.--The term `Convention' means--
                    ``(A) the Convention for the Establishment of an 
                Inter-American Tropical Tuna Commission, signed at 
                Washington, May 31, 1949, by the United States of 
                America and the Republic of Costa Rica;
                    ``(B) the Antigua Convention, upon its entry into 
                force for the United States, and any amendments thereto 
                that are in force for the United States; or
                    ``(C) both such Conventions, as the context 
                requires.
            ``(4) Import.--The term `import' means to land on, bring 
        into, or introduce into, or attempt to land on, bring into, or 
        introduce into, any place subject to the jurisdiction of the 
        United States, whether or not such landing, bringing, or 
        introduction constitutes an importation within the meaning of 
        the customs laws of the United States.
            ``(5) Person.--The term `person' means an individual, 
        partnership, corporation, or association subject to the 
        jurisdiction of the United States.
            ``(6) United states.--The term `United States' includes all 
        areas under the sovereignty of the United States.
            ``(7) U.S. commissioners.--The term `U.S. commissioners' 
        means the members of the commission.
            ``(8) U.S. section.--The term `U.S. section' means the U.S. 
        Commissioners to the Commission and a designee of the Secretary 
        of State.''.

SEC. 404. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICATIONS.

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

``SEC. 3. COMMISSIONERS.

    ``(a) Commissoners.--The United States shall be represented on the 
Commission by 5 United States Commissioners. The President shall 
appoint individuals to serve on the Commission at the pleasure of the 
President. In making the appointments, the President shall select 
Commissioners from among individuals who are knowledgeable or 
experienced concerning highly migratory fish stocks in the eastern 
tropical Pacific Ocean, one of whom shall be an officer or employee of 
the Department of Commerce, one of whom shall be the chairman or a 
member of the Western Pacific Fishery Management Council, and one of 
whom shall be the chairman or a member of the Pacific Fishery 
Management Council. Not more than 2 Commissioners may be appointed who 
reside in a State other than a State whose vessels maintain a 
substantial fishery in the area of the Convention.
    ``(b) Alternate Commissioners.--The Secretary of State, in 
consultation with the Secretary, may designate from time to time and 
for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise, at any meeting of the Commission or of the 
General Advisory Committee or Scientific Advisory Subcommittee 
established pursuant to section 4(b), all powers and duties of a United 
States Commissioner in the absence of any Commissioner appointed 
pursuant to subsection (a) of this section for whatever reason. The 
number of such Alternate United States Commissioners that may be 
designated for any such meeting shall be limited to the number of 
United States Commissioners appointed pursuant to subsection (a) of 
this section who will not be present at such meeting.
    ``(c) Administrative Matters.--
            ``(1) Employment status.--Individuals serving as such 
        Commissioners, other than officers or employees of the United 
        States Government, shall not be considered Federal employees 
        except for the purposes of injury compensation or tort claims 
        liability as provided in chapter 81 of title 5, United States 
        Code, and chapter 171 of title 28, United States Code.
            ``(2) Compensation.--The United States Commissioners or 
        Alternate Commissioners, although officers of the United States 
        while so serving, shall receive no compensation for their 
        services as such Commissioners or Alternate Commissioners.
            ``(3) Travel expenses.--
                    ``(A) The Secretary of State shall pay the 
                necessary travel expenses of United States 
                Commissioners and Alternate United States Commissioners 
                to meetings of the IATTC and other meetings the 
                Secretary deems necessary to fulfill their duties, in 
                accordance with the Federal Travel Regulations and 
                sections 5701, 5702, 5704 through 5708, and 5731 of 
                title 5, United States Code.
                    ``(B) The Secretary may reimburse the Secretary of 
                State for amounts expended by the Secretary of State 
                under this subsection.''.

SEC. 405. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
              SUBCOMMITTEE.

    Section 4 (16 U.S.C. 953) is amended--
            (1) by striking subsection (a) and inserting the following:
    ``(a) General Advisory Committee.--
            ``(1) Appointments; public participation; compensation.--
                    ``(A) The Secretary, in consultation with the 
                Secretary of State, shall appoint a General Advisory 
                Committee which shall consist of not more than 25 
                individuals who shall be representative of the various 
                groups concerned with the fisheries covered by the 
                Convention, including nongovernmental conservation 
                organizations, providing to the maximum extent 
                practicable an equitable balance among such groups. 
                Members of the General Advisory Committee will be 
                eligible to participate as members of the U.S. 
                delegation to the Commission and its working groups to 
                the extent the Commission rules and space for 
                delegations allow.
                    ``(B) The chair of the Pacific Fishery Management 
                Council's Advisory Subpanel for Highly Migratory 
                Fisheries and the chair of the Western Pacific Fishery 
                Management Council's Advisory Committee shall be 
                members of the General Advisory Committee by virtue of 
                their positions in those Councils;
                    ``(C) Each member of the General Advisory Committee 
                appointed under subparagraph (A) shall serve for a term 
                of 3 years and is eligible for reappointment.
                    ``(D) The General Advisory Committee shall be 
                invited to attend all non-executive meetings of the 
                United States Section and at such meetings shall be 
                given opportunity to examine and to be heard on all 
                proposed programs of investigation, reports, 
                recommendations, and regulations of the Commission.
                    ``(E) The General Advisory Committee shall 
                determine its organization, and prescribe its practices 
                and procedures for carrying out its functions under 
                this chapter, the Magnuson-Stevens Fishery Conservation 
                and Management Act (16 U.S.C. 1801 et seq.), and the 
                Convention. The General Advisory Committee shall 
                publish and make available to the public a statement of 
                its organization, practices and procedures. Meetings of 
                the General Advisory Committee, except when in 
                executive session, shall be open to the public, and 
                prior notice of meetings shall be made public in timely 
                fashion. The General Advisory Committee shall not be 
                subject to the Federal Advisory Committee Act (5 U.S.C. 
                App.).
            ``(2) Information sharing.--The Secretary and the Secretary 
        of State shall furnish the General Advisory Committee with 
        relevant information concerning fisheries and international 
        fishery agreements.
            ``(3) Administrative matters.--
                    ``(A) The Secretary shall provide to the General 
                Advisory Committee in a timely manner such 
                administrative and technical support services as are 
                necessary for its effective functioning.
                    ``(B) Individuals appointed to serve as a member of 
                the General Advisory Committee--
                            ``(i) shall serve without pay, but while 
                        away from their homes or regular places of 
                        business to attend meetings of the General 
                        Advisory Committee shall be allowed travel 
                        expenses, including per diem in lieu of 
                        subsistence, in the same manner as persons 
                        employed intermittently in the Government 
                        service are allowed expenses under section 5703 
                        of title 5, United States Code; and
                            ``(ii) shall not be considered Federal 
                        employees except for the purposes of injury 
                        compensation or tort claims liability as 
                        provided in chapter 81 of title 5, United 
                        States Code, and chapter 171 of title 28, 
                        United States Code.''; and
            (2) by striking so much of subsection (b) as precedes 
        paragraph (2) and inserting the following:
    ``(b) Scientific Advisory Committee.--(1) The Secretary, in 
consultation with the Secretary of State, shall appoint a Scientific 
Advisory Subcommittee of not less than 5 nor more than 15 qualified 
scientists with balanced representation from the public and private 
sectors, including nongovernmental conservation organizations.''.

SEC. 406. RULEMAKING.

    Section 6 (16 U.S.C. 955) is amended--
            (1) by striking the section caption and inserting the 
        following:

``SEC. 6. RULEMAKING.'';

        and
            (2) by striking subsections (a) and (b) and inserting the 
        following:
    ``(a) Regulations.--The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, the 
Secretary of the Department in which the Coast Guard is operating, may 
promulgate such regulations as may be necessary to carry out the United 
States international obligations under the Convention and this Act, 
including recommendations and decisions adopted by the Commission. In 
cases where the Secretary has discretion in the implementation of one 
or more measures adopted by the Commission that would govern fisheries 
under the authority of a Regional Fishery Management Council, the 
Secretary may, to the extent practicable within the implementation 
schedule of the Convention and any recommendations and decisions 
adopted by the Commission, promulgate such regulations in accordance 
with the procedures established by the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1801 et seq.).
    ``(b) Jurisdiction.--The Secretary may promulgate regulations 
applicable to all vessels and persons subject to the jurisdiction of 
the United States, including United States flag vessels wherever they 
may be operating, on such date as the Secretary shall prescribe.''.

SEC. 407. PROHIBITED ACTS.

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

``SEC. 8. PROHIBITED ACTS.

    ``It is unlawful for any person--
            ``(1) to violate any provision of this chapter or any 
        regulation or permit issued pursuant to this Act;
            ``(2) to use any fishing vessel to engage in fishing after 
        the revocation, or during the period of suspension, of an 
        applicable permit issued pursuant to this Act;
            ``(3) to refuse to permit any officer authorized to enforce 
        the provisions of this Act (as provided for in section 10) to 
        board a fishing vessel subject to such person's control for the 
        purposes of conducting any search, investigation or inspection 
        in connection with the enforcement of this Act or any 
        regulation, permit, or the Convention;
            ``(4) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any such 
        authorized officer in the conduct of any search, investigations 
        or inspection in connection with the enforcement of this Act or 
        any regulation, permit, or the Convention;
            ``(5) to resist a lawful arrest for any act prohibited by 
        this Act;
            ``(6) to ship, transport, offer for sale, sell, purchase, 
        import, export, or have custody, control, or possession of, any 
        fish taken or retained in violation of this Act or any 
        regulation, permit, or agreement referred to in paragraph (1) 
        or (2);
            ``(7) to interfere with, delay, or prevent, by any means, 
        the apprehension or arrest of another person, knowing that such 
        other person has committed any act prohibited by this section;
            ``(8) to knowingly and willfully submit to the Secretary 
        false information regarding any matter that the Secretary is 
        considering in the course of carrying out this Act;
            ``(9) to forcibly assault, resist, oppose, impede, 
        intimidate, sexually harass, bribe, or interfere with any 
        observer on a vessel under this Act, or any data collector 
        employed by the National Marine Fisheries Service or under 
        contract to any person to carry out responsibilities under this 
        Act;
            ``(10) to engage in fishing in violation of any regulation 
        adopted pursuant to section 6(c) of this Act;
            ``(11) to ship, transport, purchase, sell, offer for sale, 
        import, export, or have in custody, possession, or control any 
        fish taken or retained in violation of such regulations;
            ``(12) to fail to make, keep, or furnish any catch returns, 
        statistical records, or other reports as are required by 
        regulations adopted pursuant to this Act to be made, kept, or 
        furnished;
            ``(13) to fail to stop a vessel upon being hailed and 
        instructed to stop by a duly authorized official of the United 
        States; and
            ``(14) to import, in violation of any regulation adopted 
        pursuant to section 6(c) of this Act, any fish in any form of 
        those species subject to regulation pursuant to a 
        recommendation, resolution, or decision of the Commission, or 
        any tuna in any form not under regulation but under 
        investigation by the Commission, during the period such fish 
        have been denied entry in accordance with the provisions of 
        section 6(c) of this Act, unless such person provides such 
        proof as the Secretary of Commerce may require that a fish 
        described in this paragraph offered for entry into the United 
        States is not ineligible for such entry under the terms of 
        section 6(c) of this Act.''.

SEC. 408. ENFORCEMENT.

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

``SEC. 10. ENFORCEMENT.

    ``This Act shall be enforced under section 101 of the International 
Fisheries Stewardship and Enforcement Act.''.

SEC. 409. REDUCTION OF BYCATCH.

    Section 15 (16 U.S.C. 962) is amended by striking ``vessel'' and 
inserting ``vessels''.

SEC. 410. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 1984.

    The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 972 et 
seq.) is repealed.
                                                       Calendar No. 710

111th CONGRESS

  2d Session

                                S. 2870

_______________________________________________________________________

                                 A BILL

  To establish uniform administrative and enforcement procedures and 
    penalties for the enforcement of the High Seas Driftnet Fishing 
Moratorium Protection Act and similar statutes, and for other purposes.

_______________________________________________________________________

                           December 17, 2010

                       Reported without amendment
```