II 

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. 

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


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘International Fisheries Stewardship and Enforcement 

4 Act’’. 

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

6 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—ADMINISTRATION AND ENFORCEMENT OF CERTAIN FISHERY AND

RELATED STATUTES. 

Sec. 101. Authority of the Secretary 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. 


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1 TITLE I—ADMINISTRATION AND 

2 ENFORCEMENT OF CERTAIN 

3 FISHERY AND RELATED STAT4 UTES. 

5 SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE 

6 STATUTES. 

7 (a) IN GENERAL.— 

8 (1) ENFORCEMENT OF STATUTES.—The Sec9 retary of Commerce and the Secretary of the depart10 ment in which the Coast Guard is operating shall 

11 enforce the statutes to which this section applies in 

12 accordance with the provisions of this section. 

13 (2) UTILIZATION OF NONDEPARTMENTAL RE14 SOURCES.—The Secretary may, by agreement, on a 

15 reimbursable basis or otherwise, utilize the personnel 

16 services, equipment (including aircraft and vessels), 

17 and facilities of any other Federal agency, including 

18 all elements of the Department of Defense, and of 

19 any State agency, in carrying out this section. 

20 (3) STATUTES TO WHICH APPLICABLE.—This 

21 section applies to— 

22 (A) the High Seas Driftnet Fishing Mora23 torium Protection Act (16 U.S.C. 1826d et 

24 seq.); 


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1 (B) the Pacific Salmon Treaty Act of 1985 

2 (16 U.S.C. 3631 et seq.); 

3 (C) the Dolphin Protection Consumer In4 formation Act (16 U.S.C. 1385); 

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

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

7 (E) the North Pacific Anadromous Stocks 

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

9 (F) the South Pacific Tuna Act of 1988 

10 (16 U.S.C. 973 et seq.); 

11 (G) the Antarctic Marine Living Resources 

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

13 seq.); 

14 (H) the Atlantic Tunas Convention Act of 

15 1975 (16 U.S.C. 971 et seq.); 

16 (I) the Northwest Atlantic Fisheries Con17 vention Act of 1995 (16 U.S.C. 5601 et seq.); 

18 (J) the Western and Central Pacific Fish19 eries Convention Implementation Act (16 

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

21 (K) the Northern Pacific Halibut Act of 

22 1982 (16 U.S.C. 773 et seq.); 

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


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1 (M) the Antigua Convention Implementing 

2 Act of 2009. 

3 (b) ADMINISTRATION AND ENFORCEMENT.—The 

4 Secretary shall prevent any person from violating any Act 

5 to which this section applies in the same manner, by the 

6 same means, and with the same jurisdiction, powers, and 

7 duties as though sections 307 through 311 of the Magnu8 son-Stevens Fishery Conservation and Management Act 

9 (16 U.S.C. 1857 through 1861) were incorporated into 

10 and made a part of each such Act. Except as provided 

11 in subsection (c), any person that violates any Act to 

12 which this section applies is subject to the penalties, and 

13 entitled to the privileges and immunities, provided in the 

14 Magnuson-Stevens Fishery Conservation and Manage15 ment Act (16 U.S.C. 1801 et seq.) in the same manner 

16 and by the same means as though sections 307 through 

17 311 of that Act were incorporated into and made a part 

18 of each such Act. 

19 (c) SPECIAL RULES.— 

20 (1) IN GENERAL.—Notwithstanding the incor21 poration by reference of certain sections of the Mag22 nuson-Stevens Fishery Conservation and Manage23 ment Act under subsection (b), if there is a conflict 

24 between a provision of this subsection and the cor25 responding provision of any section of the MagnuVerDate Mar 15 2010 00:36 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2870.RS S2870

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1 son-Stevens Fishery Conservation and Management 

2 Act so incorporated, the provision of this subsection 

3 shall apply. 

4 (2) CIVIL ADMINISTRATIVE ENFORCEMENT.— 

5 The amount of the civil penalty for a violation of 

6 any Act to which this section applies shall not exceed 

7 $250,000 for each violation. Each day of a con8 tinuing violation shall constitute a separate violation. 

9 (3) CIVIL JUDICIAL ENFORCEMENT.—The At10 torney General, upon the request of the Secretary, 

11 may commence a civil action in an appropriate dis12 trict court of the United States to enforce this Act 

13 and any Act to which this section applies, and such 

14 court shall have jurisdiction to award civil penalties 

15 or such other relief as justice may require, including 

16 a permanent or temporary injunction. The amount 

17 of the civil penalty for a violation of any Act to 

18 which this section applies shall not exceed $250,000 

19 for each violation. Each day of a continuing violation 

20 shall constitute a separate violation. In determining 

21 the amount of a civil penalty, the court shall take 

22 into account the nature, circumstances, extent, and 

23 gravity of the prohibited acts committed and, with 

24 respect to the violator, the degree of culpability, any 

25 history of prior violations and such other matters as 


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1 justice may require. In imposing such penalty, the 

2 district court may also consider information related 

3 to the ability of the violator to pay. 

4 (4) CRIMINAL FINES AND PENALTIES.— 

5 (A) INDIVIDUALS.—In the case of an indi6 vidual, any offense described in subsection 

7 (e)(2), (3), (4), (5), or (6) is punishable by a 

8 fine of not more than $500,000, imprisonment 

9 for not more than 5 years, or both. If, in the 

10 commission of such offense, an individual uses 

11 a dangerous weapon, engages in conduct that 

12 causes bodily injury to any officer authorized to 

13 enforce the provisions of this Act, or places any 

14 such officer in fear of imminent bodily injury 

15 the maximum term of imprisonment is 10 

16 years. 

17 (B) OTHER PERSONS.—In the case of any 

18 other person, any offense described in sub19 section (e)(2), (3), (4), (5), or (6) is punishable 

20 by a fine of not more than $1,000,000. 

21 (5) OTHER CRIMINAL VIOLATIONS.—Any person 

22 (other than a foreign government or any entity of 

23 such government) who knowingly violates any provi24 sion of subsection (e) of this section, or any proviVerDate Mar 15 2010 00:36 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2870.RS S2870

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1 sion of any regulation promulgated pursuant to this 

2 Act, is guilty of a criminal offense punishable— 

3 (A) in the case of an individual, by a fine 

4 of not more than $500,000, imprisonment for 

5 not more than 5 years, or both; and 

6 (B) in the case of any other person, by a 

7 fine of not more than $1,000,000. 

8 (6) CRIMINAL FORFEITURES.— 

9 (A) IN GENERAL.—A person found guilty 

10 of an offense described in subsection (e), or who 

11 is convicted of a criminal violation of any Act 

12 to which this section applies, shall forfeit to the 

13 United States— 

14 (i) any property, real or personal, con15 stituting or traceable to the gross proceeds 

16 obtained, or retained, as a result of the of17 fense including any marine species (or the 

18 fair market value thereof) taken or re19 tained in connection with or as a result of 

20 the offense; and 

21 (ii) any property, real or personal, 

22 used or intended to be used to commit or 

23 to facilitate the commission of the offense, 

24 including any shoreside facility, including 


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1 its conveyances, structure, equipment, fur2 niture, appurtenances, stores, and cargo. 

3 (B) PROCEDURE.—Pursuant to section 

4 2461(c) of title 28, United States Code, the 

5 provisions of section 413 of the Controlled Sub6 stances Act (21 U.S.C. 853), other than sub7 section (d) thereof, shall apply to criminal for8 feitures under this section. 

9 (7) ADDITIONAL ENFORCEMENT AUTHORITY.— 

10 In addition to the powers of officers authorized pur11 suant to subsection (b), any officer who is author12 ized by the Secretary, or the head of any Federal or 

13 State agency that has entered into an agreement 

14 with the Secretary under subsection (a) to enforce 

15 the provisions of any Act to which this section ap16 plies may, with the same jurisdiction, powers, and 

17 duties as though section 311 of the Magnuson-Ste18 vens fishery Conservation and Management Act (16 

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

20 part of each such Act— 

21 (A) search or inspect any facility or con22 veyance used or employed in, or which reason23 ably appears to be used or employed in, the 

24 storage, processing, transport, or trade of fish 

25 or fish products; 


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1 (B) inspect records pertaining to the stor2 age, processing, transport, or trade of fish or 

3 fish products; 

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

5 any shipment of fish or fish product imported 

6 into, landed on, introduced into, exported from, 

7 or transported within the jurisdiction of the 

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

9 is deemed to be perishable, sell and retain the 

10 proceeds therefrom for a period of up to 14 

11 days; and 

12 (D) make an arrest, in accordance with 

13 any guidelines which may be issued by the At14 torney General, for any offense under the laws 

15 of the United States committed in the person’s 

16 presence, or for the commission of any felony 

17 under the laws of the United States, if the per18 son has reasonable grounds to believe that the 

19 person to be arrested has committed or is com20 mitting a felony; may search and seize, in ac21 cordance with any guidelines which may be 

22 issued by the Attorney General and may exe23 cute and serve any subpoena, arrest warrant, 

24 search warrant issued in accordance with rule 

25 41 of the Federal Rules of Criminal Procedure, 


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1 or other warrant or civil or criminal process 

2 issued by any officer or court of competent ju3 risdiction. 

4 (8) SUBPOENAS.—In addition to any subpoena 

5 authority pursuant to subsection (b), the Secretary 

6 may, for the purposes of conducting any investiga7 tion under this section, or any other statute adminis8 tered by the Secretary, issue subpoenas for the pro9 duction of relevant papers, photographs, records, 

10 books, and documents in any form, including those 

11 in electronic, electrical, or magnetic form. 

12 (d) DISTRICT COURT JURISDICTION.—The several 

13 district courts of the United States shall have jurisdiction 

14 over any actions arising under this section. For the pur15 pose of this section, American Samoa shall be included 

16 within the judicial district of the District Court of the 

17 United States for the District of Hawaii. Each violation 

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

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

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

21 authorized by law. Any offenses not committed in any dis22 trict are subject to the venue provisions of section 3238 

23 of title 18, United States Code. 

24 (e) PROHIBITED ACTS.—It is unlawful for any per25 son— 


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

2 any Act to which this section applies or any regula3 tion promulgated thereunder; 

4 (2) to refuse to permit any authorized enforce5 ment officer to board, search, or inspect a vessel, 

6 conveyance, or shoreside facility that is subject to 

7 the person’s control for purposes of conducting any 

8 search, investigation, or inspection in connection 

9 with the enforcement of this section or any Act to 

10 which this section applies or any regulation promul11 gated thereunder; 

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

13 intimidate, or interfere with any such authorized of14 ficer in the conduct of any search, investigation, or 

15 inspection described in paragraph (2); 

16 (4) to resist a lawful arrest for any act prohib17 ited by this section or any Act to which this section 

18 applies; 

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

20 means, the apprehension, arrest, or detection of an21 other person, knowing that such person has com22 mitted any act prohibited by this section or any Act 

23 to which this section applies; 

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

25 intimidate, sexually harass, bribe, or interfere with 


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1 any observer on a vessel under this section or any 

2 Act to which this section applies, or any data col3 lector employed by or under contract to the National 

4 Marine Fisheries Service to carry out responsibilities 

5 under this section or any Act to which this section 

6 applies; 

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

8 acquire, or purchase in interstate or foreign com9 merce any fish or fish product taken, possessed, 

10 transported, or sold in violation of any treaty or 

11 binding conservation measure adopted pursuant to 

12 an international agreement or organization to which 

13 the United States is a party; or 

14 (8) to make or submit any false record, ac15 count, or label for, or any false identification of, any 

16 fish or fish product (including false identification of 

17 the species, harvesting vessel or nation, or the loca18 tion where harvested) which has been, or is intended 

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

20 for sale, purchased, or received in interstate or for21 eign commerce. 

22 (f) REGULATIONS.—The Secretary may promulgate 

23 such regulations, in accordance with section 553 of title 

24 5, United States Code, as may be necessary to carry out 

25 this section or any Act to which this section applies. 


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

3 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

4 PROTECTION ACT.— 

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

7 amended— 

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

11 (B) by adding at the end thereof the fol12 lowing: 

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

14 under section 101 of the International Fisheries Steward15 ship and Enforcement Act.’’. 

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

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

18 1826h(2)) is amended by striking ‘‘whose vessels’’ 

19 and inserting ‘‘that’’. 

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

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

22 1826j(a)) is amended to read as follows: 

23 ‘‘(a) IDENTIFICATION.— 

24 ‘‘(1) IN GENERAL.—The Secretary shall iden25 tify, and list in the report under section 607, a na26 tion if that nation is engaged, or has been engaged 


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

2 unreported, or unregulated fishing and— 

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

5 international fishery management organization; 

6 ‘‘(B) the relevant international fishery 

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

11 to, or does not maintain cooperating status 

12 with, such organization; or 

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

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

17 Secretary shall also identify, and list in the report 

18 under section 607, a nation if— 

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

20 time during the preceding 3 years, conservation 

21 and management measures required under an 

22 international fishery management agreement to 

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


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

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

4 during the preceding 3 years, to effectively ad5 dress or regulate illegal, unreported, or unregu6 lated fishing in areas described in paragraph 

7 (1)(C). 

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

9 THEY WERE NATIONS.—Where the provisions of this 

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

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

12 other entity that is competent to enter into an inter13 national fishery management agreement.’’. 

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

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

16 1826j(d)(1)) is amended by striking ‘‘of its fishing 

17 vessels’’ each place it appears. 

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

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

20 1826j(d)(2)) is amended— 

21 (A) by striking ‘‘procedure for certifi22 cation,’’ and inserting ‘‘procedure,’’; 

23 (B) by striking ‘‘basis of fish’’ and insert24 ing ‘‘basis, for allowing importation of fish’’; 

25 and 


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

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

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

7 1826k(a)(1)) is amended— 

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

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

11 ‘‘practices—’’. 

12 (b) DOLPHIN PROTECTION CONSUMER INFORMATION

13 ACT.—Section 901 of the Dolphin Protection Consumer 

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

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

16 following: 

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

19 any person to assault, resist, oppose, impede, intimidate, 

20 or interfere with and authorized officer in the conduct of 

21 any search, investigation or inspection under this Act.’’; 

22 and 

23 (2) by striking subsection (e) and inserting the 

24 following: 


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

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

4 (c) TUNA CONVENTIONS ACT OF 1950.—Section 8 

5 of the Tuna Conventions Act of 1950 (16 U.S.C. 957) 

6 is amended— 

7 (1) by striking ‘‘regulations.’’ in subsection (a) 

8 and inserting ‘‘regulation or for any person to make 

9 or submit any false record, account, or label for, or 

10 any false identification of, any fish or fish product 

11 (including the false identification of species, har12 vesting vessel or nation or the location where har13 vested) which has been, or is intended to be im14 ported, exported, transported, sold, offered for sale, 

15 purchased, or received in interstate or foreign com16 merce.’’; 

17 (2) by striking subsection (d) and inserting the 

18 following: 

19 ‘‘(d) It shall be unlawful for any person— 

20 ‘‘(1) to refuse to permit any officer authorized 

21 to enforce the provisions of this Act to board a fish22 ing vessel subject to such person’s control for pur23 poses of conducting any search, investigation, or in24 spection in connection with the enforcement of this 


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1 Act or any regulation promulgation or permit issued 

2 under this Act; 

3 ‘‘(2) to forcibly assault, resist, oppose, impede, 

4 intimidate, or interfere with any such authorized of5 ficer in the conduct of any search, investigation or 

6 inspection described in paragraph (1); 

7 ‘‘(3) to resist a lawful arrest for any act prohib8 ited by this section; or 

9 ‘‘(4) to interfere with, delay, or prevent, by any 

10 means, the apprehension or arrest of another person, 

11 knowing that such other person has committed any 

12 act prohibited by this section.’’; 

13 (3) by striking subsections (e) through (g) and 

14 redesignating subsection (h) as subsection (f); and 

15 (4) by inserting after subsection (d) the fol16 lowing: 

17 ‘‘(e) ENFORCEMENT.—This section shall be enforced 

18 under section 101 of the International Fisheries Steward19 ship and Enforcement Act.’’. 

20 (d) NORTHERN PACIFIC ANADROMOUS STOCKS ACT

21 OF 1992.— 

22 (1) UNLAWFUL ACTIVITIES.—Section 810 of 

23 the Northern Pacific Anadromous Stocks Act of 

24 1992 (16 U.S.C. 5009) is amended— 


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

2 (5) and inserting ‘‘purposes’’; 

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

4 paragraph (5) and inserting ‘‘search, investiga5 tion, or inspection’’; 

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

7 paragraph (6) and inserting ‘‘search, investiga8 tion, or inspection’’; 

9 (D) by striking ‘‘or’’ after the semicolon in 

10 paragraph (8); 

11 (E) by striking ‘‘title.’’ in paragraph (9) 

12 and inserting ‘‘title; or’’; and 

13 (F) by adding at the end thereof the fol14 lowing: 

15 ‘‘(10) for any person to make or submit any 

16 false record, account, or label for, or any false iden17 tification of, any fish or fish product (including false 

18 identification of the species, harvesting vessel or na19 tion, or the location where harvested) which has 

20 been, or is intended to be imported, exported, trans21 ported, sold, offered for sale, purchased, or received 

22 in interstate or foreign commerce.’’. 

23 (2) ADMINISTRATION AND ENFORCEMENT.— 

24 Section 811 of the Northern Pacific Anadromous 


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

2 read as follows: 

3 ‘‘SEC. 811. ADMINISTRATION AND ENFORCEMENT. 

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

5 International Fisheries Stewardship and Enforcement 

6 Act.’’. 

7 (e) PACIFIC SALMON TREATY ACT OF 1985.—Sec8 tion 8 of the Pacific Salmon Treaty Act of 1985 (16 

9 U.S.C. 3637) is amended— 

10 (1) by striking ‘‘search or inspection’’ in sub11 section (a)(2) and inserting ‘‘search, investigation, 

12 or inspection’’; 

13 (2) by striking ‘‘search or inspection’’ in sub14 section (a)(3) and inserting ‘‘search, investigation, 

15 or inspection’’; 

16 (3) by striking ‘‘or’’ after the semicolon in sub17 section (a)(5); 

18 (4) by striking ‘‘section.’’ in subsection (a)(6) 

19 and inserting ‘‘section; or’’; 

20 (5) by adding at the end of subsection (a) the 

21 following: 

22 ‘‘(7) for any person to make or submit any false 

23 record, account, or label for, or any false identifica24 tion of, any fish or fish product (including false 

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1 tion, or the location where harvested) which has 

2 been, or is intended to be imported, exported, trans3 ported, sold, offered for sale, purchased, or received 

4 in interstate or foreign commerce.’’; and 

5 (6) by striking subsections (b) through (f) and 

6 inserting the following: 

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

8 Act shall be enforced under section 101 of the Inter9 national Fisheries Stewardship and Enforcement Act.’’. 

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

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

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

13 is amended— 

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

15 paragraph (8) and inserting ‘‘search, investiga16 tion, or inspection’’; 

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

18 paragraph (10)(A) and inserting ‘‘search, inves19 tigation, or inspection’’; 

20 (C) by striking ‘‘or’’ after the semicolon in 

21 paragraph (12); 

22 (D) by striking ‘‘ retained.’’ in paragraph 

23 (13) and inserting ‘‘retained; or’’; and 

24 (E) by adding at the end thereof the fol25 lowing: 


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1 ‘‘(14) for any person to make or submit any 

2 false record, account, or label for, or any false iden3 tification of, any fish or fish product (including false 

4 identification of the species, harvesting vessel or na5 tion, or the location where harvested) which has 

6 been, or is intended to be imported, exported, trans7 ported, sold, offered for sale, purchased, or received 

8 in interstate or foreign commerce.’’. 

9 (2) ADMINISTRATION AND ENFORCEMENT.— 

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

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

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

13 ‘‘SEC. 7. ADMINISTRATION AND ENFORCEMENT. 

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

15 International Fisheries Stewardship and Enforcement 

16 Act.’’. 

17 (g) ANTARCTIC MARINE LIVING RESOURCES CON18 VENTION ACT OF 1984.— 

19 (1) UNLAWFUL ACTIVITIES.—Section 306 of 

20 the Antarctic Marine Living Resources Convention 

21 Act (16 U.S.C. 2435) is amended— 

22 (A) by striking ‘‘which he knows, or rea23 sonably should have known, was’’ in paragraph 

24 (3); 


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

2 paragraph (4) and inserting ‘‘search, investiga3 tion, or inspection’’; 

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

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

7 (D) by striking ‘‘or’’ after the semicolon in 

8 paragraph (6); 

9 (E) by striking ‘‘section.’’ in paragraph (7) 

10 and inserting ‘‘section; or’’; and 

11 (F) by adding at the end thereof the fol12 lowing: 

13 ‘‘(8) to make or submit any false record, ac14 count, or label for, or any false identification of, any 

15 fish or fish product (including false identification of 

16 the species, harvesting vessel or nation, or the loca17 tion where harvested) which has been, or is intended 

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

19 for sale, purchased, or received in interstate or for20 eign commerce.’’. 

21 (2) REGULATIONS.—Section 307 of the Ant22 arctic Marine Living Resources Convention Act (16 

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

24 the following: ‘‘Notwithstanding the provisions of 

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


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1 5, United States Code, the Secretary of Commerce 

2 may publish in the Federal Register a final rule to 

3 implement conservation measures, described in sec4 tion 305(a) of this Act, that are in effect for 12 

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

6 objected to by the United States within the time pe7 riod allotted under Article IX of the Convention. 

8 Upon publication in the Federal Register, such con9 servation measures shall be in force with respect to 

10 the United States.’’. 

11 (3) PENALTIES AND ENFORCEMENT.—The 

12 Antarctic Marine Living Resources Convention Act 

13 (16 U.S.C. 2431 et seq.) is amended— 

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

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

16 (B) by striking subsection (b), (c), and (d) 

17 of section 310 (16 U.S.C. 2439) and redesig18 nating subsection (e) as subsection (c); and 

19 (C) by inserting after subsection (a) the 

20 following: 

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

22 title shall be enforced under section 101 of the Inter23 national Fisheries Stewardship and Enforcement Act.’’. 

24 (h) ATLANTIC TUNAS CONVENTION ACT OF 1975.— 


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

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

3 amended— 

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

5 redesignating subsection (g) as subsection (f); 

6 and 

7 (B) by inserting after subsection (d) the 

8 following: 

9 ‘‘(e) MISLABELING.—It shall be unlawful for any per10 son to make or submit any false record, account, or label 

11 for, or any false identification of, any fish or fish product 

12 (including the false identification of the species, harvesting 

13 vessel or nation, or the location where harvested) which 

14 has been, or is intended to be, imported, exported, trans15 ported, sold, offered for sale, purchased or received in 

16 interstate or foreign commerce.’’. 

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

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

19 amended— 

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

21 (B) by striking ‘‘(b) INTERNATIONAL EN22 FORCEMENT.—’’ in subsection (b) and inserting 

23 ‘‘This Act shall be enforced under section 101 

24 of the International Fisheries Stewardship and 

25 Enforcement Act.’’; and 


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

2 carry out the enforcement activities specified in 

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

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

5 (i) NORTHWEST ATLANTIC FISHERIES CONVENTION

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

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

8 amended— 

9 (1) by striking ‘‘AND PENALTIES.’’ in the 

10 section caption and inserting ‘‘AND ENFORCE11 MENT.’’; 

12 (2) by striking ‘‘search or inspection’’ in sub13 section (a)(2) and inserting ‘‘search, investigation, 

14 or inspection’’; 

15 (3) by striking ‘‘search or inspection’’ in sub16 section (a)(3) and inserting ‘‘search, investigation, 

17 or inspection’’; 

18 (4) by striking ‘‘or’’ after the semicolon in sub19 section (a)(5); 

20 (5) by striking ‘‘section.’’ in subsection (a)(6) 

21 and inserting ‘‘section ; or’’; 

22 (6) by adding at the end of subsection (a) the 

23 following: 

24 ‘‘(7) to make or submit any false record, ac25 count, or label for, or any false identification of, any 


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1 fish or fish product (including false identification of 

2 the species, harvesting vessel or nation, or the loca3 tion where harvested) which has been, or is intended 

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

5 for sale, purchased, or received in interstate or for6 eign commerce.’’; and 

7 (7) by striking subsection (b) through (f) and 

8 inserting the following: 

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

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

12 (j) WESTERN AND CENTRAL PACIFIC FISHERIES

13 CONVENTION IMPLEMENTATION ACT.— 

14 (1) ADMINSTRATION AND ENFORCEMENT.— 

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

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

17 6905(c)) is amended to read as follows: 

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

19 title shall be enforced under section 101 of the Inter20 national Fisheries Stewardship and Enforcement Act.’’. 

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

22 Western and Central Pacific Fisheries Convention 

23 Implementation Act (16 U.S.C. 6906(a)) is amend24 ed— 


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1 (A) by striking ‘‘suspension, on’’ in para2 graph (2) and inserting ‘‘suspension of’’; 

3 (B) by striking ‘‘title.’’ in paragraph (14) 

4 and inserting ‘‘title; or’’; and 

5 (C) by adding at the end thereof the fol6 lowing: 

7 ‘‘(15) to make or submit any false record, ac8 count, or label for, or any false identification of, any 

9 fish or fish product (including false identification of 

10 the species, harvesting vessel or nation, or the loca11 tion where harvested) which has been, or is intended 

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

13 for sale, purchased, or received in interstate or for14 eign commerce.’’. 

15 (k) NORTHERN PACIFIC HALIBUT ACT OF 1982.— 

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

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

18 773e) is amended— 

19 (A) by redesignating subdivisions (a) and 

20 (b) as paragraphs (1) and (2), respectively, and 

21 subdivisions (1) through (6) of paragraph (1), 

22 as redesignated, as subparagraphs (A) through 

23 (F); 


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

2 paragraph (1)(B), as redesignated, and insert3 ing ‘‘search, investigation, or inspection’’; 

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

5 paragraph (1)(C), as redesignated, and insert6 ing ‘‘search, investigation, or inspection’’; 

7 (D) by striking ‘‘or’’ after the semicolon in 

8 paragraph (1)(E), as redesignated; 

9 (E) by striking ‘‘section.’’ in paragraph 

10 (1)(F), as redesignated, and inserting ‘‘sec11 tion;’’; and 

12 (F) by adding at the end of paragraph (1), 

13 as redesignated, the following: 

14 ‘‘(G) to make or submit any false record, ac15 count, or label for, or any false identification of, any 

16 fish or fish product (including false identification of 

17 the species, harvesting vessel or nation, or the loca18 tion where harvested) which has been, or is intended 

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

20 for sale, purchased, or received in interstate or for21 eign commerce.’’. 

22 (2) ADMINISTRATION AND ENFORCEMENT.— 

23 The Northern Pacific Halibut Act of 1982 (16 

24 U.S.C. 773 et seq.) is amended— 


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

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

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

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

5 following: 

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

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

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

11 (a) IN GENERAL.—Section 608 of the High Seas 

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

13 1826i), as amended by section 302(a) of this Act, is fur14 ther amended by adding at the end thereof the following: 

15 ‘‘(c) VESSELS AND VESSEL OWNERS ENGAGED IN IL16 LEGAL, UNREPORTED, OR UNREGULATED FISHING.—The 

17 Secretary may— 

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

19 of vessels and vessel owners engaged in illegal, unre20 ported, or unregulated fishing, including vessels or 

21 vessel owners identified by an international fishery 

22 management organization or arrangement made pur23 suant to an international fishery agreement, whether 

24 or not the United States is a party to such organiza25 tion or arrangement; 


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1 ‘‘(2) take appropriate action against listed ves2 sels and vessel owners, including action against fish, 

3 fish parts, or fish products from such vessels, in ac4 cordance with applicable United States law and con5 sistent with applicable international law, including 

6 principles, rights, and obligations established in ap7 plicable international fishery management and trade 

8 agreements; and 

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

10 and vessel owners identified by international fishery 

11 management organizations or arrangements made 

12 pursuant to an international fishery agreement as 

13 having been engaged in illegal, unreported, or un14 regulated fishing, as well as any measures adopted 

15 by such organizations or arrangements to address il16 legal, unreported, or unregulated fishing. 

17 ‘‘(d) RESTRICTIONS ON PORT ACCESS OR USE.—Ac18 tion taken by the Secretary under subsection (c)(2) that 

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

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

21 and its territories. 

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

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

24 (b) ADDITIONAL MEASURES.— 


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1 (1) AMENDMENT OF THE HIGH SEAS DRIFTNET

2 FISHING MORATORIUM PROTECTION ACT.— 

3 (A) Section 609(d)(3) of the High Seas 

4 Driftnet Fishing Moratorium Protection Act 

5 (16 U.S.C. 1826j(d)(3)) is amended by striking 

6 ‘‘that has not been certified by the Secretary 

7 under this subsection, or’’ in subparagraph 

8 (A)(i). 

9 (B) Section 610(c)(5) of the High Seas 

10 Driftnet Fishing Moratorium Protection Act 

11 (16 U.S.C. 1826k(c)(5)) is amended by striking 

12 ‘‘that has not been certified by the Secretary 

13 under this subsection, or’’. 

14 (2) AMENDMENT OF THE HIGH SEAS DRIFTNET

15 FISHERIES ENFORCEMENT ACT.— 

16 (A) Section 101 of the High Seas Driftnet 

17 Fisheries Enforcement Act (16 U.S.C. 1826a) 

18 is amended— 

19 (i) by striking subsection (a)(2) and 

20 inserting the following: 

21 ‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec22 retary of the Treasury shall, in accordance with rec23 ognized principles of international law— 


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1 ‘‘(A) withhold or revoke the clearance re2 quired by section 60105 of title 46, United 

3 States Code, for— 

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

5 vessel that is documented under the law of 

6 the United States or of a nation included 

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

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

9 that receives a negative certification under 

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

11 Driftnet Fishing Moratorium Protection 

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

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

14 in the United States and to the navigable wa15 ters of the United States, except for the pur16 pose of inspecting the vessel, conducting an in17 vestigation, or taking other appropriate enforce18 ment action.’’; 

19 (ii) by striking ‘‘or illegal, unreported, 

20 or unregulated fishing’’ each place it ap21 pears in subsection (b)(1) and (2); 

22 (iii) by striking ‘‘or’’ after the semi23 colon in subsection (b)(3)(A)(i); 


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1 (iv) by striking ‘‘nation.’’ in sub2 section (b)(3)(A)(ii) and inserting ‘‘nation; 

3 or’’; 

4 (v) by adding at the end of subsection 

5 (b)(3)(A) the following: 

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

7 negative certification under section 

8 609(d)(1) or 610(c)(1) of the High Seas 

9 Driftnet Fishing Moratorium Protection 

10 Act (16 U.S.C. 1826j(d)(1) or 

11 1826k(c)(1)).’’; 

12 (vi) by inserting ‘‘or after issuing a 

13 negative certification under section 

14 609(d)(1) or 610(c)(1) of the High Seas 

15 Driftnet Fishing Moratorium Protection 

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

17 1826k(c)(1),’’ after ‘‘paragraph (1),’’ in 

18 subsection (b)(4)(A); and 

19 (vii) by striking subsection 

20 (b)(4)(A)(i) and inserting the following: 

21 ‘‘(i) any prohibition established under 

22 paragraph (3) is insufficient to cause that 

23 nation— 

24 ‘‘(I) to terminate large-scale 

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

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

7 Seas Driftnet Fishing Moratorium 

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

9 ‘‘(III) to address bycatch of a 

10 protected living marine resource for 

11 which a nation has been identified 

12 under section 610 of such Act (16 

13 U.S.C. 1826k); or’’. 

14 (B) Section 102 of the High Seas Driftnet 

15 Fisheries Enforcement Act (16 U.S.C. 1826b) 

16 is amended by striking ‘‘such nation has termi17 nated large-scale driftnet fishing or illegal, un18 reported, or unregulated fishing by its nationals 

19 and vessels beyond the exclusive economic zone 

20 of any nation.’’ and inserting ‘‘such nation 

21 has— 

22 ‘‘(1) terminated large-scale driftnet fishing by 

23 its nationals and vessels beyond the exclusive eco24 nomic zone of any nation; 


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1 ‘‘(2) addressed illegal, unreported, or unregu2 lated fishing activities for which a nation has been 

3 identified under section 609 of the High Seas 

4 Driftnet Fishing Moratorium Protection Act (16 

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

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

7 marine resource for which a nation has been identi8 fied under section 610 of that Act (16 U.S.C. 

9 1826k).’’. 

10 SEC. 104. LIABILITY. 

11 Any claims arising from the actions of any officer, 

12 authorized by the Secretary to enforce the provisions of 

13 this Act or any Act to which this Act applies, taken pursu14 ant to any scheme for at-sea boarding and inspection au15 thorized under any international agreement to which the 

16 United States is a party may be pursued under chapter 

17 171 of title 28, United States Code, or such other legal 

18 authority as may be pertinent. 

19 TITLE II—LAW ENFORCEMENT 

20 AND INTERNATIONAL OPER21 ATIONS. 

22 SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PRO23 GRAM. 

24 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Within 12 months after the 

2 date of the enactment of this Act, the Secretary 

3 shall, subject to the availability of appropriations, 

4 establish an International Fisheries Enforcement 

5 Program within the Office of Law Enforcement of 

6 the National Marine Fisheries Service. 

7 (2) PURPOSE.—The Program shall be an inter8 agency program established and administered by the 

9 Secretary in coordination with the heads of other de10 partments and agencies for the purpose of detecting 

11 and investigating illegal, unreported, or unregulated 

12 fishing activity and enforcing the provisions of this 

13 Act. 

14 (3) STAFF.—The Program shall be staffed with 

15 representation from the U.S. Coast Guard, U.S. 

16 Customs and Border Protection, U.S. Food and 

17 Drug Administration, and any other department or 

18 agency determined by the Secretary to be appro19 priate and necessary to detect and investigate illegal, 

20 unreported, or unregulated fishing activity and en21 force the provisions of this Act. 

22 (b) PROGRAM ACTIONS.— 

23 (1) STAFFING AND OTHER RESOURCES.—At the 

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1 ments and agencies providing staff for the Program 

2 shall— 

3 (A) by agreement, on a reimbursable basis 

4 or otherwise, participate in staffing the Pro5 gram; 

6 (B) by agreement, on a reimbursable basis 

7 or otherwise, share personnel, services, equip8 ment (including aircraft and vessels), and facili9 ties with the Program; and 

10 (C) to the extent possible, and consistent 

11 with other applicable law, extend the enforce12 ment authorities provided by their enabling leg13 islation to the other departments and agencies 

14 participating in the Program for the purposes 

15 of conducting joint operations to detect and in16 vestigate illegal, unreported or unregulated fish17 ing activity and enforcing the provisions of this 

18 Act. 

19 (2) BUDGET.—The Secretary and the heads of 

20 other departments and agencies providing staff for 

21 the Program, may, at their discretion, develop inter22 agency plans and budgets and engage in interagency 

23 financing for such purposes. 

24 (3) 5-YEAR PLAN.—Within 180 days after the 

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1 section (a), the Secretary shall develop a 5-year stra2 tegic plan for guiding interagency and intergovern3 mental international fisheries enforcement efforts to 

4 carry out the provisions of this Act. The Secretary 

5 shall update the plan periodically as necessary, but 

6 at least once every 5 years. 

7 (4) COOPERATIVE ACTIVITIES.—The Secretary, 

8 in coordination with the heads of other departments 

9 and agencies providing staff for the Program, may— 

10 (A) create and participate in task forces, 

11 committees, or other working groups with other 

12 Federal, State or local governments as well as 

13 with the governments of other nations for the 

14 purposes of detecting and investigating illegal, 

15 unreported, or unregulated fishing activity and 

16 carrying out the provisions of this Act; and 

17 (B) enter into agreements with other Fed18 eral, State, or local governments as well as with 

19 the governments of other nations, on a reim20 bursable basis or otherwise, for such purposes. 

21 (c) POWERS OF AUTHORIZED OFFICERS.—Notwith22 standing any other provision of law, while operating under 

23 an agreement with the Secretary entered into under sec24 tion 101 of this Act, and conducting joint operations as 

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1 vestigating illegal, unreported or unregulated fishing activ2 ity and enforcing the provisions of this Act, authorized of3 ficers shall have the powers and authority provided in that 

4 section. 

5 (d) INFORMATION COLLECTION, MAINTENANCE AND

6 USE.— 

7 (1) IN GENERAL.—The Secretary and the heads 

8 of other departments and agencies providing staff 

9 for the Program shall, to the maximum extent allow10 able by law, share all applicable information, intel11 ligence and data, related to the harvest, transpor12 tation or trade of fish and fish product in order to 

13 detect and investigate illegal, unreported, or unregu14 lated fishing activity and to carry out the provisions 

15 of this Act. 

16 (2) COORDINATION OF DATA.—The Secretary, 

17 through the Program, shall coordinate the collection, 

18 storage, analysis, and dissemination of all applicable 

19 information, intelligence, and data related to the 

20 harvest, transportation, or trade of fish and fish 

21 product collected or maintained by the member 

22 agencies of the Program. 

23 (3) CONFIDENTIALITY.—The Secretary, 

24 through the Program, shall ensure the protection 

25 and confidentiality required by law for information, 


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1 intelligence, and data related to the harvest, trans2 portation, or trade of fish and fish product obtained 

3 by the Program. 

4 (4) DATA STANDARDIZATION.—The Secretary 

5 and the heads of other departments and agencies 

6 providing staff for the Program shall, to the max7 imum extent practicable, develop data standardiza8 tion for fisheries related data for Program agencies 

9 and with international fisheries enforcement data10 bases as appropriate. 

11 (5) ASSISTANCE FROM INTELLIGENCE COMMU12 NITY.—Upon request of the Secretary, elements of 

13 the intelligence community (as defined in section 

14 3(4) of the National Security Act of 1947 (50 

15 U.S.C. 401a(4))) shall collect information related to 

16 illegal, unreported, or unregulated fishing activity 

17 outside the United States about individuals who are 

18 not United States persons (as defined in section 

19 105A(c)(2) of such Act (50 U.S.C. 403–5a(c)(2))). 

20 Such elements of the intelligence community shall 

21 collect and share such information with the Sec22 retary through the Program for law enforcement 

23 purposes in order to detect and investigate illegal, 

24 unreported, or unregulated fishing activities and to 

25 carry out the provisions of this Act. All collection 


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1 and sharing of information shall be in accordance 

2 with the National Security Act of 1947 (50 U.S.C. 

3 401 et seq.). 

4 (6) INFORMATION SHARING.—The Secretary, 

5 through the Program, shall have authority to share 

6 fisheries-related data with other Federal or State 

7 government agency, foreign government, the Food 

8 and Agriculture Organization of the United Nations, 

9 or the secretariat or equivalent of an international 

10 fisheries management organization or arrangement 

11 made pursuant to an international fishery agree12 ment, if— 

13 (A) such governments, organizations, or 

14 arrangements have policies and procedures to 

15 safeguard such information from unintended or 

16 unauthorized disclosure; and 

17 (B) the exchange of information is nec18 essary— 

19 (i) to ensure compliance with any law 

20 or regulation enforced or administered by 

21 the Secretary; 

22 (ii) to administer or enforce treaties 

23 to which the United States is a party; 

24 (iii) to administer or enforce binding 

25 conservation measures adopted by any 


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1 international organization or arrangement 

2 to which the United States is a party; 

3 (iv) to assist in investigative, judicial, 

4 or administrative enforcement proceedings 

5 in the United States; or 

6 (v) to assist in any fisheries or living 

7 marine resource related law enforcement 

8 action undertaken by a law enforcement 

9 agency of a foreign government, or in rela10 tion to a legal proceeding undertaken by a 

11 foreign government. 

12 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

13 are authorized to be appropriated $30,000,000 to the Sec14 retary for each of fiscal years 2010 through 2015 to carry 

15 out this section. 

16 SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE 

17 PROGRAM. 

18 (a) INTERNATIONAL COOPERATION AND ASSISTANCE

19 PROGRAM.—The Secretary may establish an international 

20 cooperation and assistance program, including grants, to 

21 provide assistance for international capacity building ef22 forts. 

23 (b) AUTHORIZED ACTIVITIES.—In carrying out the 

24 program, the Secretary may— 


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1 (1) provide funding and technical expertise to 

2 other nations to assist them in addressing illegal, 

3 unreported, or unregulated fishing activities; 

4 (2) provide funding and technical expertise to 

5 other nations to assist them in reducing the loss and 

6 environmental impacts of derelict fishing gears, re7 ducing the bycatch of living marine resources, and 

8 promoting international marine resource conserva9 tion; 

10 (3) provide funding, technical expertise, and 

11 training, in cooperation with the International Fish12 eries Enforcement Program under section 201 of 

13 this Act, to other nations to aid them in building ca14 pacity for enhanced fisheries management, fisheries 

15 monitoring, catch and trade tracking activities, en16 forcement, and international marine resource con17 servation; 

18 (4) establish partnerships with other Federal 

19 agencies, as appropriate, to ensure that fisheries de20 velopment assistance to other nations is directed to21 ward projects that promote sustainable fisheries; and 

22 (5) conduct outreach and education efforts in 

23 order to promote public and private sector awareness 

24 of international fisheries sustainability issues, in25 cluding the need to combat illegal, unreported, or 


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1 unregulated fishing activity and to promote inter2 national marine resource conservation. 

3 (c) GUIDELINES.—The Secretary may establish 

4 guidelines necessary to implement the program. 

5 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

6 are authorized to be appropriated to the Secretary 

7 $5,000,000 for each of fiscal years 2010 through 2015 

8 to carry out this section. – 

9 TITLE III—MISCELLANEOUS 

10 AMENDMENTS 

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

12 (a) ELIMINATION OF ANNUAL REPORT.—Section 11 

13 of the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 

14 971j) is repealed. 

15 (b) CERTAIN REGULATIONS.—Section 971d(c)(2) of 

16 the Atlantic Tunas Convention Act of 1975 (16 U.S.C. 

17 971d(c)(2)) is amended— 

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

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

20 ‘‘the presentation’’; 

21 (3) by striking ‘‘arguments, and (B) oral pres22 entation at a public hearing. Such’’ and inserting 

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

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

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


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1 ‘‘(B) The Secretary may issue final regulations to im2 plement Commission recommendations referred to in para3 graph (1) of this subsection concerning trade restrictive 

4 measures against nations or fishing entities without re5 gard to the requirements of subparagraph (A) of this 

6 paragraph and subsections (b) and (c) of section 553 of 

7 title 5, United States Code.’’. 

8 SEC. 302. DATA SHARING. 

9 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

10 PROTECTION ACT.—Section 608 of the High Seas 

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

12 1826i) is amended— 

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

14 ‘‘The Secretary,’’; 

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

16 appears and inserting, ‘‘organizations, or arrange17 ments made pursuant to an international fishery 

18 agreement (as defined in section 3(24) of the Mag19 nuson-Stevens Fishery Conservation and Manage20 ment Act),’’; 

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

22 paragraph (2)(C); 

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

24 and inserting ‘‘territories; and’’; and 

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


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1 ‘‘(4) urging other nations, through the regional 

2 fishery management organizations of which the 

3 United States is a member, bilaterally and otherwise 

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

5 and timely information— 

6 ‘‘(A) to improve the scientific under7 standing of marine ecosystems; 

8 ‘‘(B) to improve fisheries management de9 cisions; 

10 ‘‘(C) to promote the conservation of pro11 tected living marine resources; 

12 ‘‘(D) to combat illegal, unreported, and un13 regulated fishing; and 

14 ‘‘(E) to improve compliance with conserva15 tion and management measures in international 

16 waters. 

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

18 section, the Secretary may disclose, as necessary and ap19 propriate, information to the Food and Agriculture Orga20 nization of the United Nations, international fishery man21 agement organizations (as so defined), or arrangements 

22 made pursuant to an international fishery agreement, if 

23 such organizations or arrangements have policies and pro24 cedures to safeguard such information from unintended or 

25 unauthorized disclosure.’’. 


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

2 of the Magnuson-Stevens Fishery Conservation and Man3 agement Act (16 U.S.C. 1881a(b)(1)) is amended— 

4 (1) by striking ‘‘or’’ after the semicolon in sub5 paragraph (G); 

6 (2) by redesignating subparagraph (H) as sub7 paragraph (J); and 

8 (3) by inserting after subparagraph (G) the fol9 lowing: 

10 ‘‘(H) to the Food and Agriculture Organization 

11 of the United Nations, international fishery manage12 ment organizations, or arrangements made pursuant 

13 to an international fishery agreement as provided for 

14 in the High Seas Driftnet Fishing Moratorium Pro15 tection Act (16 U.S.C. 1826i(b)); 

16 ‘‘(I) to any other Federal or State government 

17 agency, foreign government, the Food and Agri18 culture Organization of the United Nations, or the 

19 secretariat or equivalent of an international fisheries 

20 management organization or arrangement made pur21 suant to an international fishery agreement, as pro22 vided in section 201(d)(6) of the International Fish23 eries Stewardship and Enforcement Act; or’’. 


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1 SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COM2 PLIANCE ACT OF 1995. 

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

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

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

6 is void if— 

7 ‘‘(1) 1 or more permits or authorizations re8 quired for a vessel to fish, in addition to a permit 

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

10 suspended; or 

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

12 States documentation, such documentation is re13 voked or denied, or the vessel is deleted from such 

14 documentation.’’. 

15 SEC. 304. TECHNICAL CORRECTIONS TO THE WESTERN AND 

16 CENTRAL PACIFIC FISHERIES CONVENTION 

17 IMPLEMENTATION ACT. 

18 Section 503 of the Western and Central Pacific Fish19 eries Convention Implementation Act (16 U.S.C. 6902) is 

20 amended— 

21 (1) by striking ‘‘Management Council and’’ in 

22 subsection (a) and inserting ‘‘Management Council, 

23 and one of whom shall be the chairman or a member 

24 of’’; 

25 (2) by striking subsection (c)(1) and inserting 

26 the following: 


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1 ‘‘(1) EMPLOYMENT STATUS.—Individuals serv2 ing as such Commissioners, other than officers or 

3 employees of the United States Government, shall 

4 not be considered Federal employees except for the 

5 purposes of injury compensation or tort claims liabil6 ity as provided in chapter 81 of title 5, United 

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

8 States Code.’’; and 

9 (3) by striking subsection (d)(2)(B)(ii) and in10 serting the following: 

11 ‘‘(ii) shall not be considered Federal 

12 employees except for the purposes of injury 

13 compensation or tort claims liability as 

14 provided in chapter 81 of title 5, United 

15 States Code, and chapter 171 of title 28, 

16 United States Code.’’. 

17 SEC. 305. PACIFIC WHITING ACT OF 2006. 

18 (a) SCIENTIFIC EXPERTS.—Section 605(a)(1) of the 

19 Pacific Whiting Act of 2006 (16 U.S.C. 7004(a)(1)) is 

20 amended by striking ‘‘at least 6 but not more than 12’’ 

21 inserting ‘‘no more than 2’’. 

22 (b) EMPLOYMENT STATUS.—Section 609(a) of the 

23 Pacific Whiting Act of 2006 (16 U.S.C. 7008(a)) is 

24 amended to read as follows: 


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1 ‘‘(a) EMPLOYMENT STATUS.—Individuals appointed 

2 under section 603, 604, 605, or 606 of this title, other 

3 than officers or employees of the United States Govern4 ment, shall not be considered to be Federal employees 

5 while performing such service, except for purposes of in6 jury compensation or tort claims liability as provided in 

7 chapter 81 of title 5, United States Code, and chapter 171 

8 of title 28, United States Code.’’. 

9 SEC. 306. COMMITTEE ON SCIENTIFIC COOPERATION FOR 

10 PACIFIC SALMON AGREEMENT. 

11 Section 11 of the Pacific Salmon Treaty Act of 1985 

12 (16 U.S.C. 3640) is amended by redesignating subsections 

13 (c) and (d) as subsections (d) and (e), respectively, and 

14 inserting after subsection (b) the following: 

15 ‘‘(c) SCIENTIFIC COOPERATION COMMITTEE.—Mem16 bers of the Committee on Scientific Cooperation who are 

17 not State or Federal employees shall receive compensation 

18 at a rate equivalent to the rate payable for level IV of 

19 the Executive Schedule under section 5315 of title 5, 

20 United States Code, when engaged in actual performance 

21 of duties for the Commission.’’. 

22 SEC. 307. REAUTHORIZATIONS. 

23 (a) INTERNATIONAL DOLPHIN CONSERVATION PRO24 GRAM.—Section 304(c)(1) of the Marine Mammal ProtecVerDate Mar 15 2010 00:36 Dec 19, 2010 Jkt 099200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\S2870.RS S2870

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1 tion Act (16 U.S.C. 1414a(c)(1)) is amended by adding 

2 at the end thereof the following: 

3 ‘‘(5) $1,000,000 for each of fiscal years 

4 2009 through 2013.’’. 

5 (b) PACIFIC SALMON TREATY ACT OF 1985.—Sec6 tion 16(d)(2)(A) of the Pacific Salmon Treaty Act of 1985 

7 (16 3645(d)(2)(A)) is amended by striking ‘‘and 2009,’’ 

8 and inserting ‘‘2009, 2010, 2011, 2012, and 2013,’’. 

9 (c) SOUTH PACIFIC TUNA ACT OF 1988.—Section 

10 20(a) of the South Pacific Tuna Act of 1988 (16 U.S.C. 

11 973r(a)) is amended by striking ‘‘1992, 1993, 1994, 1995, 

12 1996, 1997, 1998, 1999, 2000, 2001, and 2002,’’ each 

13 place it appears and inserting ‘‘2009 through 2013’’. 

14 TITLE IV—IMPLEMENTATION OF 

15 THE ANTIGUA CONVENTION 

16 SEC. 401. SHORT TITLE. 

17 This title may be cited as the ‘‘Antigua Convention 

18 Implementing Act of 2009’’. 

19 SEC. 402. AMENDMENT OF THE TUNA CONVENTIONS ACT 

20 OF 1950. 

21 Except as otherwise expressly provided, whenever in 

22 this title an amendment or repeal is expressed in terms 

23 of an amendment to, or repeal of, a section or other provi24 sion, the reference shall be considered to be made to a 


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1 section or other provision of the Tuna Conventions Act 

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

3 SEC. 403. DEFINITIONS. 

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

6 ‘‘SEC. 2. DEFINITIONS. 

7 ‘‘In this Act: 

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

10 Strengthening of the Inter-American Tropical Tuna 

11 Commission Established by the 1949 Convention 

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

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

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

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

19 means— 

20 ‘‘(A) the Convention for the Establishment 

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

23 the United States of America and the Republic 

24 of Costa Rica; 


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

2 entry into force for the United States, and any 

3 amendments thereto that are in force for the 

4 United States; or 

5 ‘‘(C) both such Conventions, as the context 

6 requires. 

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

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

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

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

13 customs laws of the United States. 

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

16 subject to the jurisdiction of the United States. 

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

18 States’ includes all areas under the sovereignty of 

19 the United States. 

20 ‘‘(7) U.S. COMMISSIONERS.—The term ‘U.S. 

21 commissioners’ means the members of the commis22 sion. 

23 ‘‘(8) U.S. SECTION.—The term ‘U.S. section’ 

24 means the U.S. Commissioners to the Commission 

25 and a designee of the Secretary of State.’’. 


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

2 QUALIFICATIONS. 

3 Section 3 (16 U.S.C. 952) is amended to read as fol4 lows: 

5 ‘‘SEC. 3. COMMISSIONERS. 

6 ‘‘(a) COMMISSONERS.—The United States shall be 

7 represented on the Commission by 5 United States Com8 missioners. The President shall appoint individuals to 

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

10 In making the appointments, the President shall select 

11 Commissioners from among individuals who are knowl12 edgeable or experienced concerning highly migratory fish 

13 stocks in the eastern tropical Pacific Ocean, one of whom 

14 shall be an officer or employee of the Department of Com15 merce, one of whom shall be the chairman or a member 

16 of the Western Pacific Fishery Management Council, and 

17 one of whom shall be the chairman or a member of the 

18 Pacific Fishery Management Council. Not more than 2 

19 Commissioners may be appointed who reside in a State 

20 other than a State whose vessels maintain a substantial 

21 fishery in the area of the Convention. 

22 ‘‘(b) ALTERNATE COMMISSIONERS.—The Secretary 

23 of State, in consultation with the Secretary, may designate 

24 from time to time and for periods of time deemed appro25 priate Alternate United States Commissioners to the Com26 mission. Any Alternate United States Commissioner may 


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1 exercise, at any meeting of the Commission or of the Gen2 eral Advisory Committee or Scientific Advisory Sub3 committee established pursuant to section 4(b), all powers 

4 and duties of a United States Commissioner in the ab5 sence of any Commissioner appointed pursuant to sub6 section (a) of this section for whatever reason. The num7 ber of such Alternate United States Commissioners that 

8 may be designated for any such meeting shall be limited 

9 to the number of United States Commissioners appointed 

10 pursuant to subsection (a) of this section who will not be 

11 present at such meeting. 

12 ‘‘(c) ADMINISTRATIVE MATTERS.— 

13 ‘‘(1) EMPLOYMENT STATUS.—Individuals serv14 ing as such Commissioners, other than officers or 

15 employees of the United States Government, shall 

16 not be considered Federal employees except for the 

17 purposes of injury compensation or tort claims liabil18 ity as provided in chapter 81 of title 5, United 

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

20 States Code. 

21 ‘‘(2) COMPENSATION.—The United States Com22 missioners or Alternate Commissioners, although of23 ficers of the United States while so serving, shall re24 ceive no compensation for their services as such 

25 Commissioners or Alternate Commissioners. 


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1 ‘‘(3) TRAVEL EXPENSES.— 

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

3 necessary travel expenses of United States 

4 Commissioners and Alternate United States 

5 Commissioners to meetings of the IATTC and 

6 other meetings the Secretary deems necessary 

7 to fulfill their duties, in accordance with the 

8 Federal Travel Regulations and sections 5701, 

9 5702, 5704 through 5708, and 5731 of title 5, 

10 United States Code. 

11 ‘‘(B) The Secretary may reimburse the 

12 Secretary of State for amounts expended by the 

13 Secretary of State under this subsection.’’. 

14 SEC. 405. GENERAL ADVISORY COMMITTEE AND SCI15 ENTIFIC ADVISORY SUBCOMMITTEE. 

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

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

18 following: 

19 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

20 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; 

21 COMPENSATION.— 

22 ‘‘(A) The Secretary, in consultation with 

23 the Secretary of State, shall appoint a General 

24 Advisory Committee which shall consist of not 

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1 resentative of the various groups concerned 

2 with the fisheries covered by the Convention, in3 cluding nongovernmental conservation organiza4 tions, providing to the maximum extent prac5 ticable an equitable balance among such groups. 

6 Members of the General Advisory Committee 

7 will be eligible to participate as members of the 

8 U.S. delegation to the Commission and its 

9 working groups to the extent the Commission 

10 rules and space for delegations allow. 

11 ‘‘(B) The chair of the Pacific Fishery 

12 Management Council’s Advisory Subpanel for 

13 Highly Migratory Fisheries and the chair of the 

14 Western Pacific Fishery Management Council’s 

15 Advisory Committee shall be members of the 

16 General Advisory Committee by virtue of their 

17 positions in those Councils; 

18 ‘‘(C) Each member of the General Advi19 sory Committee appointed under subparagraph 

20 (A) shall serve for a term of 3 years and is eli21 gible for reappointment. 

22 ‘‘(D) The General Advisory Committee 

23 shall be invited to attend all non-executive 

24 meetings of the United States Section and at 

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1 amine and to be heard on all proposed pro2 grams of investigation, reports, recommenda3 tions, and regulations of the Commission. 

4 ‘‘(E) The General Advisory Committee 

5 shall determine its organization, and prescribe 

6 its practices and procedures for carrying out its 

7 functions under this chapter, the Magnuson8 Stevens Fishery Conservation and Management 

9 Act (16 U.S.C. 1801 et seq.), and the Conven10 tion. The General Advisory Committee shall 

11 publish and make available to the public a 

12 statement of its organization, practices and pro13 cedures. Meetings of the General Advisory Com14 mittee, except when in executive session, shall 

15 be open to the public, and prior notice of meet16 ings shall be made public in timely fashion. The 

17 General Advisory Committee shall not be sub18 ject to the Federal Advisory Committee Act (5 

19 U.S.C. App.). 

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

21 and the Secretary of State shall furnish the General 

22 Advisory Committee with relevant information con23 cerning fisheries and international fishery agree24 ments. 

25 ‘‘(3) ADMINISTRATIVE MATTERS.— 


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1 ‘‘(A) The Secretary shall provide to the 

2 General Advisory Committee in a timely man3 ner such administrative and technical support 

4 services as are necessary for its effective func5 tioning. 

6 ‘‘(B) Individuals appointed to serve as a 

7 member of the General Advisory Committee— 

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

9 away from their homes or regular places of 

10 business to attend meetings of the General 

11 Advisory Committee shall be allowed travel 

12 expenses, including per diem in lieu of sub13 sistence, in the same manner as persons 

14 employed intermittently in the Government 

15 service are allowed expenses under section 

16 5703 of title 5, United States Code; and 

17 ‘‘(ii) shall not be considered Federal 

18 employees except for the purposes of injury 

19 compensation or tort claims liability as 

20 provided in chapter 81 of title 5, United 

21 States Code, and chapter 171 of title 28, 

22 United States Code.’’; and 

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

24 precedes paragraph (2) and inserting the following: 


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1 ‘‘(b) SCIENTIFIC ADVISORY COMMITTEE.—(1) The 

2 Secretary, in consultation with the Secretary of State, 

3 shall appoint a Scientific Advisory Subcommittee of not 

4 less than 5 nor more than 15 qualified scientists with bal5 anced representation from the public and private sectors, 

6 including nongovernmental conservation organizations.’’. 

7 SEC. 406. RULEMAKING. 

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

9 (1) by striking the section caption and inserting 

10 the following: 

11 ‘‘SEC. 6. RULEMAKING.’’; 

12 and 

13 (2) by striking subsections (a) and (b) and in14 serting the following: 

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

16 with the Secretary of State and, with respect to enforce17 ment measures, the Secretary of the Department in which 

18 the Coast Guard is operating, may promulgate such regu19 lations as may be necessary to carry out the United States 

20 international obligations under the Convention and this 

21 Act, including recommendations and decisions adopted by 

22 the Commission. In cases where the Secretary has discre23 tion in the implementation of one or more measures adopt24 ed by the Commission that would govern fisheries under 

25 the authority of a Regional Fishery Management Council, 


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1 the Secretary may, to the extent practicable within the im2 plementation schedule of the Convention and any rec3 ommendations and decisions adopted by the Commission, 

4 promulgate such regulations in accordance with the proce5 dures established by the Magnuson-Stevens Fishery Con6 servation and Management Act (16 U.S.C. 1801 et seq.). 

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

8 regulations applicable to all vessels and persons subject 

9 to the jurisdiction of the United States, including United 

10 States flag vessels wherever they may be operating, on 

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

12 SEC. 407. PROHIBITED ACTS. 

13 Section 8 (16 U.S.C. 957) is amended to read as fol14 lows: 

15 ‘‘SEC. 8. PROHIBITED ACTS. 

16 ‘‘It is unlawful for any person— 

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

18 any regulation or permit issued pursuant to this Act; 

19 ‘‘(2) to use any fishing vessel to engage in fish20 ing after the revocation, or during the period of sus21 pension, of an applicable permit issued pursuant to 

22 this Act; 

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

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

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


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1 such person’s control for the purposes of conducting 

2 any search, investigation or inspection in connection 

3 with the enforcement of this Act or any regulation, 

4 permit, or the Convention; 

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

6 intimidate, sexually harass, bribe, or interfere with 

7 any such authorized officer in the conduct of any 

8 search, investigations or inspection in connection 

9 with the enforcement of this Act or any regulation, 

10 permit, or the Convention; 

11 ‘‘(5) to resist a lawful arrest for any act prohib12 ited by this Act; 

13 ‘‘(6) to ship, transport, offer for sale, sell, pur14 chase, import, export, or have custody, control, or 

15 possession of, any fish taken or retained in violation 

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

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

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

19 means, the apprehension or arrest of another person, 

20 knowing that such other person has committed any 

21 act prohibited by this section; 

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

23 Secretary false information regarding any matter 

24 that the Secretary is considering in the course of 

25 carrying out this Act; 


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

2 intimidate, sexually harass, bribe, or interfere with 

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

4 collector employed by the National Marine Fisheries 

5 Service or under contract to any person to carry out 

6 responsibilities under this Act; 

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

8 regulation adopted pursuant to section 6(c) of this 

9 Act; 

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

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

12 or control any fish taken or retained in violation of 

13 such regulations; 

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

15 catch returns, statistical records, or other reports as 

16 are required by regulations adopted pursuant to this 

17 Act to be made, kept, or furnished; 

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

19 and instructed to stop by a duly authorized official 

20 of the United States; and 

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

22 adopted pursuant to section 6(c) of this Act, any 

23 fish in any form of those species subject to regula24 tion pursuant to a recommendation, resolution, or 

25 decision of the Commission, or any tuna in any form 


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1 not under regulation but under investigation by the 

2 Commission, during the period such fish have been 

3 denied entry in accordance with the provisions of 

4 section 6(c) of this Act, unless such person provides 

5 such proof as the Secretary of Commerce may re6 quire that a fish described in this paragraph offered 

7 for entry into the United States is not ineligible for 

8 such entry under the terms of section 6(c) of this 

9 Act.’’. 

10 SEC. 408. ENFORCEMENT. 

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

12 follows: 

13 ‘‘SEC. 10. ENFORCEMENT. 

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

15 International Fisheries Stewardship and Enforcement 

16 Act.’’. 

17 SEC. 409. REDUCTION OF BYCATCH. 

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

19 ‘‘vessel’’ and inserting ‘‘vessels’’. 

20 SEC. 410. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

21 ACT OF 1984. 

22 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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


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Calendar No. 710 

111TH CONGRESS 

2D SESSION S. 2870 

A BILL 

To establish uniform administrative and enforceother purposes. rium Protection Act and similar statutes, and for ment of the High Seas Driftnet Fishing Morato- ment procedures and penalties for the enforceDECEMBER 17, 2010 

Reported without amendment 


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