II 

111TH CONGRESS 

1ST 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, and Ms. MURKOWSKI) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation 

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, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘International Fisheries Stewardship and Enforcement 

6 Act’’. 


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

2 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. 

3 TITLE I—ADMINISTRATION AND 

4 ENFORCEMENT OF CERTAIN 

5 FISHERY AND RELATED STAT6 UTES. 

7 SEC. 101. AUTHORITY OF THE SECRETARY TO ENFORCE 

8 STATUTES. 

9 (a) IN GENERAL.— 


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1 (1) ENFORCEMENT OF STATUTES.—The Sec2 retary of Commerce and the Secretary of the depart3 ment in which the Coast Guard is operating shall 

4 enforce the statutes to which this section applies in 

5 accordance with the provisions of this section. 

6 (2) UTILIZATION OF NONDEPARTMENTAL RE7 SOURCES.—The Secretary may, by agreement, on a 

8 reimbursable basis or otherwise, utilize the personnel 

9 services, equipment (including aircraft and vessels), 

10 and facilities of any other Federal agency, including 

11 all elements of the Department of Defense, and of 

12 any State agency, in carrying out this section. 

13 (3) STATUTES TO WHICH APPLICABLE.—This 

14 section applies to— 

15 (A) the High Seas Driftnet Fishing Mora16 torium Protection Act (16 U.S.C. 1826d et 

17 seq.); 

18 (B) the Pacific Salmon Treaty Act of 1985 

19 (16 U.S.C. 3631 et seq.); 

20 (C) the Dolphin Protection Consumer In21 formation Act (16 U.S.C. 1385); 

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

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

24 (E) the North Pacific Anadromous Stocks 

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


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1 (F) the South Pacific Tuna Act of 1988 

2 (16 U.S.C. 973 et seq.); 

3 (G) the Antarctic Marine Living Resources 

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

5 seq.); 

6 (H) the Atlantic Tunas Convention Act of 

7 1975 (16 U.S.C. 971 et seq.); 

8 (I) the Northwest Atlantic Fisheries Con9 vention Act of 1995 (16 U.S.C. 5601 et seq.); 

10 (J) the Western and Central Pacific Fish11 eries Convention Implementation Act (16 

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

13 (K) the Northern Pacific Halibut Act of 

14 1982 (16 U.S.C. 773 et seq.); 

15 (L) any other Act in pari materia, so des16 ignated by the Secretary after notice and an op17 portunity for a hearing; and 

18 (M) the Antigua Convention Implementing 

19 Act of 2009. 

20 (b) ADMINISTRATION AND ENFORCEMENT.—The 

21 Secretary shall prevent any person from violating any Act 

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

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

24 duties as though sections 307 through 311 of the Magnu25 son-Stevens Fishery Conservation and Management Act 


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1 (16 U.S.C. 1857 through 1861) were incorporated into 

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

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

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

5 entitled to the privileges and immunities, provided in the 

6 Magnuson-Stevens Fishery Conservation and Manage7 ment Act (16 U.S.C. 1801 et seq.) in the same manner 

8 and by the same means as though sections 307 through 

9 311 of that Act were incorporated into and made a part 

10 of each such Act. 

11 (c) SPECIAL RULES.— 

12 (1) IN GENERAL.—Notwithstanding the incor13 poration by reference of certain sections of the Mag14 nuson-Stevens Fishery Conservation and Manage15 ment Act under subsection (b), if there is a conflict 

16 between a provision of this subsection and the cor17 responding provision of any section of the Magnu18 son-Stevens Fishery Conservation and Management 

19 Act so incorporated, the provision of this subsection 

20 shall apply. 

21 (2) CIVIL ADMINISTRATIVE ENFORCEMENT.— 

22 The amount of the civil penalty for a violation of 

23 any Act to which this section applies shall not exceed 

24 $250,000 for each violation. Each day of a con25 tinuing violation shall constitute a separate violation. 


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1 (3) CIVIL JUDICIAL ENFORCEMENT.—The At2 torney General, upon the request of the Secretary, 

3 may commence a civil action in an appropriate dis4 trict court of the United States to enforce this Act 

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

6 court shall have jurisdiction to award civil penalties 

7 or such other relief as justice may require, including 

8 a permanent or temporary injunction. The amount 

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

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

11 for each violation. Each day of a continuing violation 

12 shall constitute a separate violation. In determining 

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

14 into account the nature, circumstances, extent, and 

15 gravity of the prohibited acts committed and, with 

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

17 history of prior violations and such other matters as 

18 justice may require. In imposing such penalty, the 

19 district court may also consider information related 

20 to the ability of the violator to pay. 

21 (4) CRIMINAL FINES AND PENALTIES.— 

22 (A) INDIVIDUALS.—In the case of an indi23 vidual, any offense described in subsection 

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

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


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

2 commission of such offense, an individual uses 

3 a dangerous weapon, engages in conduct that 

4 causes bodily injury to any officer authorized to 

5 enforce the provisions of this Act, or places any 

6 such officer in fear of imminent bodily injury 

7 the maximum term of imprisonment is 10 

8 years. 

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

10 other person, any offense described in sub11 section (e)(2), (3), (4), (5), or (6) is punishable 

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

13 (5) OTHER CRIMINAL VIOLATIONS.—Any person 

14 (other than a foreign government or any entity of 

15 such government) who knowingly violates any provi16 sion of subsection (e) of this section, or any provi17 sion of any regulation promulgated pursuant to this 

18 Act, is guilty of a criminal offense punishable— 

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

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

21 not more than 5 years, or both; and 

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

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

24 (6) CRIMINAL FORFEITURES.— 


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

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

3 is convicted of a criminal violation of any Act 

4 to which this section applies, shall forfeit to the 

5 United States— 

6 (i) any property, real or personal, con7 stituting or traceable to the gross proceeds 

8 obtained, or retained, as a result of the of9 fense including any marine species (or the 

10 fair market value thereof) taken or re11 tained in connection with or as a result of 

12 the offense; and 

13 (ii) any property, real or personal, 

14 used or intended to be used to commit or 

15 to facilitate the commission of the offense, 

16 including any shoreside facility, including 

17 its conveyances, structure, equipment, fur18 niture, appurtenances, stores, and cargo. 

19 (B) PROCEDURE.—Pursuant to section 

20 2461(c) of title 28, United States Code, the 

21 provisions of section 413 of the Controlled Sub22 stances Act (21 U.S.C. 853), other than sub23 section (d) thereof, shall apply to criminal for24 feitures under this section. 


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1 (7) ADDITIONAL ENFORCEMENT AUTHORITY.— 

2 In addition to the powers of officers authorized pur3 suant to subsection (b), any officer who is author4 ized by the Secretary, or the head of any Federal or 

5 State agency that has entered into an agreement 

6 with the Secretary under subsection (a) to enforce 

7 the provisions of any Act to which this section ap8 plies may, with the same jurisdiction, powers, and 

9 duties as though section 311 of the Magnuson-Ste10 vens fishery Conservation and Management Act (16 

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

12 part of each such Act— 

13 (A) search or inspect any facility or con14 veyance used or employed in, or which reason15 ably appears to be used or employed in, the 

16 storage, processing, transport, or trade of fish 

17 or fish products; 

18 (B) inspect records pertaining to the stor19 age, processing, transport, or trade of fish or 

20 fish products; 

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

22 any shipment of fish or fish product imported 

23 into, landed on, introduced into, exported from, 

24 or transported within the jurisdiction of the 

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


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1 is deemed to be perishable, sell and retain the 

2 proceeds therefrom for a period of up to 14 

3 days; and 

4 (D) make an arrest, in accordance with 

5 any guidelines which may be issued by the At6 torney General, for any offense under the laws 

7 of the United States committed in the person’s 

8 presence, or for the commission of any felony 

9 under the laws of the United States, if the per10 son has reasonable grounds to believe that the 

11 person to be arrested has committed or is com12 mitting a felony; may search and seize, in ac13 cordance with any guidelines which may be 

14 issued by the Attorney General and may exe15 cute and serve any subpoena, arrest warrant, 

16 search warrant issued in accordance with rule 

17 41 of the Federal Rules of Criminal Procedure, 

18 or other warrant or civil or criminal process 

19 issued by any officer or court of competent ju20 risdiction. 

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

22 authority pursuant to subsection (b), the Secretary 

23 may, for the purposes of conducting any investiga24 tion under this section, or any other statute adminis25 tered by the Secretary, issue subpoenas for the proVerDate Nov 24 2008 03:33 Dec 11, 2009 Jkt 089200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2870.IS S2870

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1 duction of relevant papers, photographs, records, 

2 books, and documents in any form, including those 

3 in electronic, electrical, or magnetic form. 

4 (d) DISTRICT COURT JURISDICTION.—The several 

5 district courts of the United States shall have jurisdiction 

6 over any actions arising under this section. For the pur7 pose of this section, American Samoa shall be included 

8 within the judicial district of the District Court of the 

9 United States for the District of Hawaii. Each violation 

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

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

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

13 authorized by law. Any offenses not committed in any dis14 trict are subject to the venue provisions of section 3238 

15 of title 18, United States Code. 

16 (e) PROHIBITED ACTS.—It is unlawful for any per17 son— 

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

19 any Act to which this section applies or any regula20 tion promulgated thereunder; 

21 (2) to refuse to permit any authorized enforce22 ment officer to board, search, or inspect a vessel, 

23 conveyance, or shoreside facility that is subject to 

24 the person’s control for purposes of conducting any 

25 search, investigation, or inspection in connection 


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1 with the enforcement of this section or any Act to 

2 which this section applies or any regulation promul3 gated thereunder; 

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

5 intimidate, or interfere with any such authorized of6 ficer in the conduct of any search, investigation, or 

7 inspection described in paragraph (2); 

8 (4) to resist a lawful arrest for any act prohib9 ited by this section or any Act to which this section 

10 applies; 

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

12 means, the apprehension, arrest, or detection of an13 other person, knowing that such person has com14 mitted any act prohibited by this section or any Act 

15 to which this section applies; 

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

17 intimidate, sexually harass, bribe, or interfere with 

18 any observer on a vessel under this section or any 

19 Act to which this section applies, or any data col20 lector employed by or under contract to the National 

21 Marine Fisheries Service to carry out responsibilities 

22 under this section or any Act to which this section 

23 applies; 

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

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1 merce any fish or fish product taken, possessed, 

2 transported, or sold in violation of any treaty or 

3 binding conservation measure adopted pursuant to 

4 an international agreement or organization to which 

5 the United States is a party; or 

6 (8) to make or submit any false record, ac7 count, or label for, or any false identification of, any 

8 fish or fish product (including false identification of 

9 the species, harvesting vessel or nation, or the loca10 tion where harvested) which has been, or is intended 

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

12 for sale, purchased, or received in interstate or for13 eign commerce. 

14 (f) REGULATIONS.—The Secretary may promulgate 

15 such regulations, in accordance with section 553 of title 

16 5, United States Code, as may be necessary to carry out 

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

18 SEC. 102. CONFORMING, MINOR, AND TECHNICAL AMEND19 MENTS. 

20 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

21 PROTECTION ACT.— 

22 (1) Section 606 of the High Seas Driftnet Fish23 ing Moratorium Protection Act (16 U.S.C. 1826g) is 

24 amended— 


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1 (A) by inserting ‘‘(a) DETECTING, MONI2 TORING, AND PREVENTING VIOLATIONS.—’’ be3 fore ‘‘The President’’; and 

4 (B) by adding at the end thereof the fol5 lowing: 

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

7 under section 101 of the International Fisheries Steward8 ship and Enforcement Act.’’. 

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

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

11 1826h(2)) is amended by striking ‘‘whose vessels’’ 

12 and inserting ‘‘that’’. 

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

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

15 1826j(a)) is amended to read as follows: 

16 ‘‘(a) IDENTIFICATION.— 

17 ‘‘(1) IN GENERAL.—The Secretary shall iden18 tify, and list in the report under section 607, a na19 tion if that nation is engaged, or has been engaged 

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

21 unreported, or unregulated fishing and— 

22 ‘‘(A) such fishing undermines the effective23 ness of measures required under the relevant 

24 international fishery management organization; 


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1 ‘‘(B) the relevant international fishery 

2 management organization has failed to imple3 ment effective measures to end the illegal, unre4 ported, or unregulated fishing activity by ves5 sels of that nation, or the nation is not a party 

6 to, or does not maintain cooperating status 

7 with, such organization; or 

8 ‘‘(C) there is no international fishery man9 agement organization with a mandate to regu10 late the fishing activity in question. 

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

12 Secretary shall also identify, and list in the report 

13 under section 607, a nation if— 

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

15 time during the preceding 3 years, conservation 

16 and management measures required under an 

17 international fishery management agreement to 

18 which the United States is a party and the vio19 lations undermine the effectiveness of such 

20 measures, taking into account the factors de21 scribed in paragraph (1); or 

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

23 during the preceding 3 years, to effectively ad24 dress or regulate illegal, unreported, or unreguVerDate Nov 24 2008 03:33 Dec 11, 2009 Jkt 089200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S2870.IS S2870

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1 lated fishing in areas described in paragraph 

2 (1)(C). 

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

4 THEY WERE NATIONS.—Where the provisions of this 

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

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

7 other entity that is competent to enter into an inter8 national fishery management agreement.’’. 

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

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

11 1826j(d)(1)) is amended by striking ‘‘of its fishing 

12 vessels’’ each place it appears. 

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

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

15 1826j(d)(2)) is amended— 

16 (A) by striking ‘‘procedure for certifi17 cation,’’ and inserting ‘‘procedure,’’; 

18 (B) by striking ‘‘basis of fish’’ and insert19 ing ‘‘basis, for allowing importation of fish’’; 

20 and 

21 (C) by striking ‘‘harvesting nation not cer22 tified under paragraph (1)’’ and inserting ‘‘na23 tion issued a negative certification under para24 graph (1)’’. 


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

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

3 1826k(a)(1)) is amended— 

4 (A) by striking ‘‘calendar year’’ and insert5 ing ‘‘3 years’’; and 

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

7 ‘‘practices—’’. 

8 (b) DOLPHIN PROTECTION CONSUMER INFORMATION

9 ACT.—Section 901 of the Dolphin Protection Consumer 

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

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

12 following: 

13 ‘‘(4) It is a violation of section 101 of the Inter14 national Fisheries Stewardship and Enforcement Act for 

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

16 or interfere with and authorized officer in the conduct of 

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

18 and 

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

20 following: 

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

22 under section 101 of the International Fisheries Steward23 ship and Enforcement Act.’’. 


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

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

3 is amended— 

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

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

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

7 any false identification of, any fish or fish product 

8 (including the false identification of species, har9 vesting vessel or nation or the location where har10 vested) which has been, or is intended to be im11 ported, exported, transported, sold, offered for sale, 

12 purchased, or received in interstate or foreign com13 merce.’’; 

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

15 following: 

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

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

18 to enforce the provisions of this Act to board a fish19 ing vessel subject to such person’s control for pur20 poses of conducting any search, investigation, or in21 spection in connection with the enforcement of this 

22 Act or any regulation promulgation or permit issued 

23 under this Act; 

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

25 intimidate, or interfere with any such authorized ofVerDate Nov 24 2008 03:33 Dec 11, 2009 Jkt 089200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\S2870.IS S2870

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1 ficer in the conduct of any search, investigation or 

2 inspection described in paragraph (1); 

3 ‘‘(3) to resist a lawful arrest for any act prohib4 ited by this section; or 

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

6 means, the apprehension or arrest of another person, 

7 knowing that such other person has committed any 

8 act prohibited by this section.’’; 

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

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

11 (4) by inserting after subsection (d) the fol12 lowing: 

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

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

16 (d) NORTHERN PACIFIC ANADROMOUS STOCKS ACT

17 OF 1992.— 

18 (1) UNLAWFUL ACTIVITIES.—Section 810 of 

19 the Northern Pacific Anadromous Stocks Act of 

20 1992 (16 U.S.C. 5009) is amended— 

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

22 (5) and inserting ‘‘purposes’’; 

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

24 paragraph (5) and inserting ‘‘search, investiga25 tion, or inspection’’; 


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

2 paragraph (6) and inserting ‘‘search, investiga3 tion, or inspection’’; 

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

5 paragraph (8); 

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

7 and inserting ‘‘title; or’’; and 

8 (F) by adding at the end thereof the fol9 lowing: 

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

11 false record, account, or label for, or any false iden12 tification of, any fish or fish product (including false 

13 identification of the species, harvesting vessel or na14 tion, or the location where harvested) which has 

15 been, or is intended to be imported, exported, trans16 ported, sold, offered for sale, purchased, or received 

17 in interstate or foreign commerce.’’. 

18 (2) ADMINISTRATION AND ENFORCEMENT.— 

19 Section 811 of the Northern Pacific Anadromous 

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

21 read as follows: 

22 ‘‘SEC. 811. ADMINISTRATION AND ENFORCEMENT. 

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

24 International Fisheries Stewardship and Enforcement 

25 Act.’’. 


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1 (e) PACIFIC SALMON TREATY ACT OF 1985.—Sec2 tion 8 of the Pacific Salmon Treaty Act of 1985 (16 

3 U.S.C. 3637) is amended— 

4 (1) by striking ‘‘search or inspection’’ in sub5 section (a)(2) and inserting ‘‘search, investigation, 

6 or inspection’’; 

7 (2) by striking ‘‘search or inspection’’ in sub8 section (a)(3) and inserting ‘‘search, investigation, 

9 or inspection’’; 

10 (3) by striking ‘‘or’’ after the semicolon in sub11 section (a)(5); 

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

13 and inserting ‘‘section; or’’; 

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

15 following: 

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

17 record, account, or label for, or any false identifica18 tion of, any fish or fish product (including false 

19 identification of the species, harvesting vessel or na20 tion, or the location where harvested) which has 

21 been, or is intended to be imported, exported, trans22 ported, sold, offered for sale, purchased, or received 

23 in interstate or foreign commerce.’’; and 

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

25 inserting the following: 


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

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

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

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

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

7 is amended— 

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

9 paragraph (8) and inserting ‘‘search, investiga10 tion, or inspection’’; 

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

12 paragraph (10)(A) and inserting ‘‘search, inves13 tigation, or inspection’’; 

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

15 paragraph (12); 

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

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

18 (E) by adding at the end thereof the fol19 lowing: 

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

21 false record, account, or label for, or any false iden22 tification of, any fish or fish product (including false 

23 identification of the species, harvesting vessel or na24 tion, or the location where harvested) which has 

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1 ported, sold, offered for sale, purchased, or received 

2 in interstate or foreign commerce.’’. 

3 (2) ADMINISTRATION AND ENFORCEMENT.— 

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

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

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

7 ‘‘SEC. 7. ADMINISTRATION AND ENFORCEMENT. 

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

9 International Fisheries Stewardship and Enforcement 

10 Act.’’. 

11 (g) ANTARCTIC MARINE LIVING RESOURCES CON12 VENTION ACT OF 1984.— 

13 (1) UNLAWFUL ACTIVITIES.—Section 306 of 

14 the Antarctic Marine Living Resources Convention 

15 Act (16 U.S.C. 2435) is amended— 

16 (A) by striking ‘‘which he knows, or rea17 sonably should have known, was’’ in paragraph 

18 (3); 

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

20 paragraph (4) and inserting ‘‘search, investiga21 tion, or inspection’’; 

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

23 paragraph (5) and inserting ‘‘search, investiga24 tion, or inspection’’; 


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

2 paragraph (6); 

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

4 and inserting ‘‘section; or’’; and 

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

7 ‘‘(8) 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 (2) REGULATIONS.—Section 307 of the Ant16 arctic Marine Living Resources Convention Act (16 

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

18 the following: ‘‘Notwithstanding the provisions of 

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

20 5, United States Code, the Secretary of Commerce 

21 may publish in the Federal Register a final rule to 

22 implement conservation measures, described in sec23 tion 305(a) of this Act, that are in effect for 12 

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

25 objected to by the United States within the time peVerDate Nov 24 2008 03:33 Dec 11, 2009 Jkt 089200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\S2870.IS S2870

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1 riod allotted under Article IX of the Convention. 

2 Upon publication in the Federal Register, such con3 servation measures shall be in force with respect to 

4 the United States.’’. 

5 (3) PENALTIES AND ENFORCEMENT.—The 

6 Antarctic Marine Living Resources Convention Act 

7 (16 U.S.C. 2431 et seq.) is amended— 

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

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

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

11 of section 310 (16 U.S.C. 2439) and redesig12 nating subsection (e) as subsection (c); and 

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

14 following: 

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

16 title shall be enforced under section 101 of the Inter17 national Fisheries Stewardship and Enforcement Act.’’. 

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

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

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

21 amended— 

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

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

24 and 


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

2 following: 

3 ‘‘(e) MISLABELING.—It shall be unlawful for any per4 son to make or submit any false record, account, or label 

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

6 (including the false identification of the species, harvesting 

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

8 has been, or is intended to be, imported, exported, trans9 ported, sold, offered for sale, purchased or received in 

10 interstate or foreign commerce.’’. 

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

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

13 amended— 

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

15 (B) by striking ‘‘(b) INTERNATIONAL EN16 FORCEMENT.—’’ in subsection (b) and inserting 

17 ‘‘This Act shall be enforced under section 101 

18 of the International Fisheries Stewardship and 

19 Enforcement Act.’’; and 

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

21 carry out the enforcement activities specified in 

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

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

24 (i) NORTHWEST ATLANTIC FISHERIES CONVENTION

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


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

2 amended— 

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

4 section caption and inserting ‘‘AND ENFORCE5 MENT.’’; 

6 (2) by striking ‘‘search or inspection’’ in sub7 section (a)(2) and inserting ‘‘search, investigation, 

8 or inspection’’; 

9 (3) by striking ‘‘search or inspection’’ in sub10 section (a)(3) and inserting ‘‘search, investigation, 

11 or inspection’’; 

12 (4) by striking ‘‘or’’ after the semicolon in sub13 section (a)(5); 

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

15 and inserting ‘‘section ; or’’; 

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

17 following: 

18 ‘‘(7) to make or submit any false record, ac19 count, or label for, or any false identification of, any 

20 fish or fish product (including false identification of 

21 the species, harvesting vessel or nation, or the loca22 tion where harvested) which has been, or is intended 

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

24 for sale, purchased, or received in interstate or for25 eign commerce.’’; and 


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

2 inserting the following: 

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

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

6 (j) WESTERN AND CENTRAL PACIFIC FISHERIES

7 CONVENTION IMPLEMENTATION ACT.— 

8 (1) ADMINSTRATION AND ENFORCEMENT.— 

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

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

11 6905(c)) is amended to read as follows: 

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

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

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

16 Western and Central Pacific Fisheries Convention 

17 Implementation Act (16 U.S.C. 6906(a)) is amend18 ed— 

19 (A) by striking ‘‘suspension, on’’ in para20 graph (2) and inserting ‘‘suspension of’’; 

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

22 and inserting ‘‘title; or’’; and 

23 (C) by adding at the end thereof the fol24 lowing: 


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1 ‘‘(15) to make or submit any false record, ac2 count, or label for, or any false identification of, any 

3 fish or fish product (including false identification of 

4 the species, harvesting vessel or nation, or the loca5 tion where harvested) which has been, or is intended 

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

7 for sale, purchased, or received in interstate or for8 eign commerce.’’. 

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

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

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

12 773e) is amended— 

13 (A) by redesignating subdivisions (a) and 

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

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

16 as redesignated, as subparagraphs (A) through 

17 (F); 

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

19 paragraph (1)(B), as redesignated, and insert20 ing ‘‘search, investigation, or inspection’’; 

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

22 paragraph (1)(C), as redesignated, and insert23 ing ‘‘search, investigation, or inspection’’; 

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

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


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

2 (1)(F), as redesignated, and inserting ‘‘sec3 tion;’’; and 

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

5 as redesignated, the following: 

6 ‘‘(G) to make or submit any false record, ac7 count, or label for, or any false identification of, any 

8 fish or fish product (including false identification of 

9 the species, harvesting vessel or nation, or the loca10 tion where harvested) which has been, or is intended 

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

12 for sale, purchased, or received in interstate or for13 eign commerce.’’. 

14 (2) ADMINISTRATION AND ENFORCEMENT.— 

15 The Northern Pacific Halibut Act of 1982 (16 

16 U.S.C. 773 et seq.) is amended— 

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

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

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

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

21 following: 

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

23 Act shall be enforced under section 101 of the Inter24 national Fisheries Stewardship and Enforcement Act.’’. 


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

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

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

5 1826i), as amended by section 302(a) of this Act, is fur6 ther amended by adding at the end thereof the following: 

7 ‘‘(c) VESSELS AND VESSEL OWNERS ENGAGED IN IL8 LEGAL, UNREPORTED, OR UNREGULATED FISHING.—The 

9 Secretary may— 

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

11 of vessels and vessel owners engaged in illegal, unre12 ported, or unregulated fishing, including vessels or 

13 vessel owners identified by an international fishery 

14 management organization or arrangement made pur15 suant to an international fishery agreement, whether 

16 or not the United States is a party to such organiza17 tion or arrangement; 

18 ‘‘(2) take appropriate action against listed ves19 sels and vessel owners, including action against fish, 

20 fish parts, or fish products from such vessels, in ac21 cordance with applicable United States law and con22 sistent with applicable international law, including 

23 principles, rights, and obligations established in ap24 plicable international fishery management and trade 

25 agreements; and 


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

2 and vessel owners identified by international fishery 

3 management organizations or arrangements made 

4 pursuant to an international fishery agreement as 

5 having been engaged in illegal, unreported, or un6 regulated fishing, as well as any measures adopted 

7 by such organizations or arrangements to address il8 legal, unreported, or unregulated fishing. 

9 ‘‘(d) RESTRICTIONS ON PORT ACCESS OR USE.—Ac10 tion taken by the Secretary under subsection (c)(2) that 

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

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

13 and its territories. 

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

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

16 (b) ADDITIONAL MEASURES.— 

17 (1) AMENDMENT OF THE HIGH SEAS DRIFTNET

18 FISHING MORATORIUM PROTECTION ACT.— 

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

20 Driftnet Fishing Moratorium Protection Act 

21 (16 U.S.C. 1826j(d)(3)) is amended by striking 

22 ‘‘that has not been certified by the Secretary 

23 under this subsection, or’’ in subparagraph 

24 (A)(i). 


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

2 Driftnet Fishing Moratorium Protection Act 

3 (16 U.S.C. 1826k(c)(5)) is amended by striking 

4 ‘‘that has not been certified by the Secretary 

5 under this subsection, or’’. 

6 (2) AMENDMENT OF THE HIGH SEAS DRIFTNET

7 FISHERIES ENFORCEMENT ACT.— 

8 (A) Section 101 of the High Seas Driftnet 

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

10 is amended— 

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

12 inserting the following: 

13 ‘‘(2) DENIAL OF PORT PRIVILEGES.—The Sec14 retary of the Treasury shall, in accordance with rec15 ognized principles of international law— 

16 ‘‘(A) withhold or revoke the clearance re17 quired by section 60105 of title 46, United 

18 States Code, for— 

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

20 vessel that is documented under the law of 

21 the United States or of a nation included 

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

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

24 that receives a negative certification under 

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


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•S 2870 IS 

1 Driftnet Fishing Moratorium Protection 

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

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

4 in the United States and to the navigable wa5 ters of the United States, except for the pur6 pose of inspecting the vessel, conducting an in7 vestigation, or taking other appropriate enforce8 ment action.’’; 

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

10 or unregulated fishing’’ each place it ap11 pears in subsection (b)(1) and (2); 

12 (iii) by striking ‘‘or’’ after the semi13 colon in subsection (b)(3)(A)(i); 

14 (iv) by striking ‘‘nation.’’ in sub15 section (b)(3)(A)(ii) and inserting ‘‘nation; 

16 or’’; 

17 (v) by adding at the end of subsection 

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

19 ‘‘(iii) upon receipt of notification of a negative 

20 certification under section 609(d)(1) or 610(c)(1) of 

21 the High Seas Driftnet Fishing Moratorium Protec22 tion Act (16 U.S.C. 1826j(d)(1) or 1826k(c)(1)).’’; 

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

24 negative certification under section 

25 609(d)(1) or 610(c)(1) of the High Seas 


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1 Driftnet Fishing Moratorium Protection 

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

3 1826k(c)(1),’’ after ‘‘paragraph (1),’’ in 

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

5 (vii) by striking subsection 

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

7 ‘‘(i) any prohibition established under para8 graph (3) is insufficient to cause that nation— 

9 ‘‘(I) to terminate large-scale driftnet fish10 ing conducted by its nationals and vessels be11 yond the exclusive economic zone of any nation; 

12 ‘‘(II) to address illegal, unreported, or un13 regulated fishing activities for which a nation 

14 has been identified under section 609 of the 

15 High Seas Driftnet Fishing Moratorium Protec16 tion Act (16 U.S.C. 1826j); or 

17 ‘‘(III) to address bycatch of a protected 

18 living marine resource for which a nation has 

19 been identified under section 610 of such Act 

20 (16 U.S.C. 1826k); or’’. 

21 (B) Section 102 of the High Seas Driftnet 

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

23 is amended by striking ‘‘such nation has termi24 nated large-scale driftnet fishing or illegal, un25 reported, or unregulated fishing by its nationals 


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1 and vessels beyond the exclusive economic zone 

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

3 has— 

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

5 its nationals and vessels beyond the exclusive eco6 nomic zone of any nation; 

7 ‘‘(2) addressed illegal, unreported, or unregu8 lated fishing activities for which a nation has been 

9 identified under section 609 of the High Seas 

10 Driftnet Fishing Moratorium Protection Act (16 

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

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

13 marine resource for which a nation has been identi14 fied under section 610 of that Act (16 U.S.C. 

15 1826k).’’. 

16 SEC. 104. LIABILITY. 

17 Any claims arising from the actions of any officer, 

18 authorized by the Secretary to enforce the provisions of 

19 this Act or any Act to which this Act applies, taken pursu20 ant to any scheme for at-sea boarding and inspection au21 thorized under any international agreement to which the 

22 United States is a party may be pursued under chapter 

23 171 of title 28, United States Code, or such other legal 

24 authority as may be pertinent. 


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1 TITLE II—LAW ENFORCEMENT 

2 AND INTERNATIONAL OPER3 ATIONS. 

4 SEC. 201. INTERNATIONAL FISHERIES ENFORCEMENT PRO5 GRAM. 

6 (a) ESTABLISHMENT.— 

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

8 date of the enactment of this Act, the Secretary 

9 shall, subject to the availability of appropriations, 

10 establish an International Fisheries Enforcement 

11 Program within the Office of Law Enforcement of 

12 the National Marine Fisheries Service. 

13 (2) PURPOSE.—The Program shall be an inter14 agency program established and administered by the 

15 Secretary in coordination with the heads of other de16 partments and agencies for the purpose of detecting 

17 and investigating illegal, unreported, or unregulated 

18 fishing activity and enforcing the provisions of this 

19 Act. 

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

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

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

23 Drug Administration, and any other department or 

24 agency determined by the Secretary to be appro25 priate and necessary to detect and investigate illegal, 


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1 unreported, or unregulated fishing activity and en2 force the provisions of this Act. 

3 (b) PROGRAM ACTIONS.— 

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

5 request of the Secretary, the heads of other depart6 ments and agencies providing staff for the Program 

7 shall— 

8 (A) by agreement, on a reimbursable basis 

9 or otherwise, participate in staffing the Pro10 gram; 

11 (B) by agreement, on a reimbursable basis 

12 or otherwise, share personnel, services, equip13 ment (including aircraft and vessels), and facili14 ties with the Program; and 

15 (C) to the extent possible, and consistent 

16 with other applicable law, extend the enforce17 ment authorities provided by their enabling leg18 islation to the other departments and agencies 

19 participating in the Program for the purposes 

20 of conducting joint operations to detect and in21 vestigate illegal, unreported or unregulated fish22 ing activity and enforcing the provisions of this 

23 Act. 

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

25 other departments and agencies providing staff for 


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1 the Program, may, at their discretion, develop inter2 agency plans and budgets and engage in interagency 

3 financing for such purposes. 

4 (3) 5-YEAR PLAN.—Within 180 days after the 

5 date on which the Program is established under sub6 section (a), the Secretary shall develop a 5-year stra7 tegic plan for guiding interagency and intergovern8 mental international fisheries enforcement efforts to 

9 carry out the provisions of this Act. The Secretary 

10 shall update the plan periodically as necessary, but 

11 at least once every 5 years. 

12 (4) COOPERATIVE ACTIVITIES.—The Secretary, 

13 in coordination with the heads of other departments 

14 and agencies providing staff for the Program, may— 

15 (A) create and participate in task forces, 

16 committees, or other working groups with other 

17 Federal, State or local governments as well as 

18 with the governments of other nations for the 

19 purposes of detecting and investigating illegal, 

20 unreported, or unregulated fishing activity and 

21 carrying out the provisions of this Act; and 

22 (B) enter into agreements with other Fed23 eral, State, or local governments as well as with 

24 the governments of other nations, on a reim25 bursable basis or otherwise, for such purposes. 


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1 (c) POWERS OF AUTHORIZED OFFICERS.—Notwith2 standing any other provision of law, while operating under 

3 an agreement with the Secretary entered into under sec4 tion 101 of this Act, and conducting joint operations as 

5 part of the Program for the purposes of detecting and in6 vestigating illegal, unreported or unregulated fishing activ7 ity and enforcing the provisions of this Act, authorized of8 ficers shall have the powers and authority provided in that 

9 section. 

10 (d) INFORMATION COLLECTION, MAINTENANCE AND

11 USE.— 

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

13 of other departments and agencies providing staff 

14 for the Program shall, to the maximum extent allow15 able by law, share all applicable information, intel16 ligence and data, related to the harvest, transpor17 tation or trade of fish and fish product in order to 

18 detect and investigate illegal, unreported, or unregu19 lated fishing activity and to carry out the provisions 

20 of this Act. 

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

22 through the Program, shall coordinate the collection, 

23 storage, analysis, and dissemination of all applicable 

24 information, intelligence, and data related to the 

25 harvest, transportation, or trade of fish and fish 


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1 product collected or maintained by the member 

2 agencies of the Program. 

3 (3) CONFIDENTIALITY.—The Secretary, 

4 through the Program, shall ensure the protection 

5 and confidentiality required by law for information, 

6 intelligence, and data related to the harvest, trans7 portation, or trade of fish and fish product obtained 

8 by the Program. 

9 (4) DATA STANDARDIZATION.—The Secretary 

10 and the heads of other departments and agencies 

11 providing staff for the Program shall, to the max12 imum extent practicable, develop data standardiza13 tion for fisheries related data for Program agencies 

14 and with international fisheries enforcement data15 bases as appropriate. 

16 (5) ASSISTANCE FROM INTELLIGENCE COMMU17 NITY.—Upon request of the Secretary, elements of 

18 the intelligence community (as defined in section 

19 3(4) of the National Security Act of 1947 (50 

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

21 illegal, unreported, or unregulated fishing activity 

22 outside the United States about individuals who are 

23 not United States persons (as defined in section 

24 105A(c)(2) of such Act (50 U.S.C. 403–5a(c)(2))). 

25 Such elements of the intelligence community shall 


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1 collect and share such information with the Sec2 retary through the Program for law enforcement 

3 purposes in order to detect and investigate illegal, 

4 unreported, or unregulated fishing activities and to 

5 carry out the provisions of this Act. All collection 

6 and sharing of information shall be in accordance 

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

8 401 et seq.). 

9 (6) INFORMATION SHARING.—The Secretary, 

10 through the Program, shall have authority to share 

11 fisheries-related data with other Federal or State 

12 government agency, foreign government, the Food 

13 and Agriculture Organization of the United Nations, 

14 or the secretariat or equivalent of an international 

15 fisheries management organization or arrangement 

16 made pursuant to an international fishery agree17 ment, if— 

18 (A) such governments, organizations, or 

19 arrangements have policies and procedures to 

20 safeguard such information from unintended or 

21 unauthorized disclosure; and 

22 (B) the exchange of information is nec23 essary— 


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1 (i) to ensure compliance with any law 

2 or regulation enforced or administered by 

3 the Secretary; 

4 (ii) to administer or enforce treaties 

5 to which the United States is a party; 

6 (iii) to administer or enforce binding 

7 conservation measures adopted by any 

8 international organization or arrangement 

9 to which the United States is a party; 

10 (iv) to assist in investigative, judicial, 

11 or administrative enforcement proceedings 

12 in the United States; or 

13 (v) to assist in any fisheries or living 

14 marine resource related law enforcement 

15 action undertaken by a law enforcement 

16 agency of a foreign government, or in rela17 tion to a legal proceeding undertaken by a 

18 foreign government. 

19 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

20 are authorized to be appropriated $30,000,000 to the Sec21 retary for each of fiscal years 2010 through 2015 to carry 

22 out this section. 


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1 SEC. 202. INTERNATIONAL COOPERATION AND ASSISTANCE 

2 PROGRAM. 

3 (a) INTERNATIONAL COOPERATION AND ASSISTANCE

4 PROGRAM.—The Secretary may establish an international 

5 cooperation and assistance program, including grants, to 

6 provide assistance for international capacity building ef7 forts. 

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

9 program, the Secretary may— 

10 (1) provide funding and technical expertise to 

11 other nations to assist them in addressing illegal, 

12 unreported, or unregulated fishing activities; 

13 (2) provide funding and technical expertise to 

14 other nations to assist them in reducing the loss and 

15 environmental impacts of derelict fishing gears, re16 ducing the bycatch of living marine resources, and 

17 promoting international marine resource conserva18 tion; 

19 (3) provide funding, technical expertise, and 

20 training, in cooperation with the International Fish21 eries Enforcement Program under section 201 of 

22 this Act, to other nations to aid them in building ca23 pacity for enhanced fisheries management, fisheries 

24 monitoring, catch and trade tracking activities, en25 forcement, and international marine resource con26 servation; 


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1 (4) establish partnerships with other Federal 

2 agencies, as appropriate, to ensure that fisheries de3 velopment assistance to other nations is directed to4 ward projects that promote sustainable fisheries; and 

5 (5) conduct outreach and education efforts in 

6 order to promote public and private sector awareness 

7 of international fisheries sustainability issues, in8 cluding the need to combat illegal, unreported, or 

9 unregulated fishing activity and to promote inter10 national marine resource conservation. 

11 (c) GUIDELINES.—The Secretary may establish 

12 guidelines necessary to implement the program. 

13 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

14 are authorized to be appropriated to the Secretary 

15 $5,000,000 for each of fiscal years 2010 through 2015 

16 to carry out this section. 

17 TITLE III—MISCELLANEOUS 

18 AMENDMENTS 

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

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

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

22 971j) is repealed. 

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

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

25 971d(c)(2)) is amended— 


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

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

3 ‘‘the presentation’’; 

4 (3) by striking ‘‘arguments, and (B) oral pres5 entation at a public hearing. Such’’ and inserting 

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

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

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

9 ‘‘(B) The Secretary may issue final regulations to im10 plement Commission recommendations referred to in para11 graph (1) of this subsection concerning trade restrictive 

12 measures against nations or fishing entities without re13 gard to the requirements of subparagraph (A) of this 

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

15 title 5, United States Code.’’. 

16 SEC. 302. DATA SHARING. 

17 (a) HIGH SEAS DRIFTNET FISHING MORATORIUM

18 PROTECTION ACT.—Section 608 of the High Seas 

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

20 1826i) is amended— 

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

22 ‘‘The Secretary,’’; 

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

24 appears and inserting, ‘‘organizations, or arrange25 ments made pursuant to an international fishery 


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1 agreement (as defined in section 3(24) of the Mag2 nuson-Stevens Fishery Conservation and Manage3 ment Act),’’; 

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

5 paragraph (2)(C); 

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

7 and inserting ‘‘territories; and’’; and 

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

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

10 fishery management organizations of which the 

11 United States is a member, bilaterally and otherwise 

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

13 and timely information— 

14 ‘‘(A) to improve the scientific under15 standing of marine ecosystems; 

16 ‘‘(B) to improve fisheries management de17 cisions; 

18 ‘‘(C) to promote the conservation of pro19 tected living marine resources; 

20 ‘‘(D) to combat illegal, unreported, and un21 regulated fishing; and 

22 ‘‘(E) to improve compliance with conserva23 tion and management measures in international 

24 waters. 


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

2 section, the Secretary may disclose, as necessary and ap3 propriate, information to the Food and Agriculture Orga4 nization of the United Nations, international fishery man5 agement organizations (as so defined), or arrangements 

6 made pursuant to an international fishery agreement, if 

7 such organizations or arrangements have policies and pro8 cedures to safeguard such information from unintended or 

9 unauthorized disclosure.’’. 

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

11 of the Magnuson-Stevens Fishery Conservation and Man12 agement Act (16 U.S.C. 1881a(b)(1)) is amended— 

13 (1) by striking ‘‘or’’ after the semicolon in sub14 paragraph (G); 

15 (2) by redesignating subparagraph (H) as sub16 paragraph (J); and 

17 (3) by inserting after subparagraph (G) the fol18 lowing: 

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

20 of the United Nations, international fishery manage21 ment organizations, or arrangements made pursuant 

22 to an international fishery agreement as provided for 

23 in the High Seas Driftnet Fishing Moratorium Pro24 tection Act (16 U.S.C. 1826i(b)); 


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

2 agency, foreign government, the Food and Agri3 culture Organization of the United Nations, or the 

4 secretariat or equivalent of an international fisheries 

5 management organization or arrangement made pur6 suant to an international fishery agreement, as pro7 vided in section 201(d)(6) of the International Fish8 eries Stewardship and Enforcement Act; or’’. 

9 SEC. 303. PERMITS UNDER THE HIGH SEAS FISHING COM10 PLIANCE ACT OF 1995. 

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

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

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

14 is void if— 

15 ‘‘(1) 1 or more permits or authorizations re16 quired for a vessel to fish, in addition to a permit 

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

18 suspended; or 

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

20 States documentation, such documentation is re21 voked or denied, or the vessel is deleted from such 

22 documentation.’’. 


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1 SEC. 304. TECHNICAL CORRECTIONS TO THE WESTERN AND 

2 CENTRAL PACIFIC FISHERIES CONVENTION 

3 IMPLEMENTATION ACT. 

4 Section 503 of the Western and Central Pacific Fish5 eries Convention Implementation Act (16 U.S.C. 6902) is 

6 amended— 

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

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

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

10 of’’; 

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

12 the following: 

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.’’; and 

21 (3) by striking subsection (d)(2)(B)(ii) and in22 serting the following: 

23 ‘‘(ii) shall not be considered Federal 

24 employees except for the purposes of injury 

25 compensation or tort claims liability as 

26 provided in chapter 81 of title 5, United 


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1 States Code, and chapter 171 of title 28, 

2 United States Code.’’. 

3 SEC. 305. PACIFIC WHITING ACT OF 2006. 

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

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

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

7 inserting ‘‘no more than 2’’. 

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

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

10 amended to read as follows: 

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

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

13 than officers or employees of the United States Govern14 ment, shall not be considered to be Federal employees 

15 while performing such service, except for purposes of in16 jury compensation or tort claims liability as provided in 

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

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

19 SEC. 306. COMMITTEE ON SCIENTIFIC COOPERATION FOR 

20 PACIFIC SALMON AGREEMENT. 

21 Section 11 of the Pacific Salmon Treaty Act of 1985 

22 (16 U.S.C. 3640) is amended by redesignating subsections 

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

24 inserting after subsection (b) the following: 


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1 ‘‘(c) SCIENTIFIC COOPERATION COMMITTEE.—Mem2 bers of the Committee on Scientific Cooperation who are 

3 not State or Federal employees shall receive compensation 

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

5 the Executive Schedule under section 5315 of title 5, 

6 United States Code, when engaged in actual performance 

7 of duties for the Commission.’’. 

8 SEC. 307. REAUTHORIZATIONS. 

9 (a) INTERNATIONAL DOLPHIN CONSERVATION PRO10 GRAM.—Section 304(c)(1) of the Marine Mammal Protec11 tion Act (16 U.S.C. 1414a(c)(1)) is amended by adding 

12 at the end thereof the following: 

13 ‘‘(5) $1,000,000 for each of fiscal years 

14 2009 through 2013.’’. 

15 (b) PACIFIC SALMON TREATY ACT OF 1985.—Sec16 tion 16(d)(2)(A) of the Pacific Salmon Treaty Act of 1985 

17 (16 3645(d)(2)(A)) is amended by striking ‘‘and 2009,’’ 

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

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

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

21 973r(a)) is amended by striking ‘‘1992, 1993, 1994, 1995, 

22 1996, 1997, 1998, 1999, 2000, 2001, and 2002,’’ each 

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


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1 TITLE IV—IMPLEMENTATION OF 

2 THE ANTIGUA CONVENTION 

3 SEC. 401. SHORT TITLE. 

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

5 Implementing Act of 2009’’. 

6 SEC. 402. AMENDMENT OF THE TUNA CONVENTIONS ACT 

7 OF 1950. 

8 Except as otherwise expressly provided, whenever in 

9 this title an amendment or repeal is expressed in terms 

10 of an amendment to, or repeal of, a section or other provi11 sion, the reference shall be considered to be made to a 

12 section or other provision of the Tuna Conventions Act 

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

14 SEC. 403. DEFINITIONS. 

15 Section 2 (16 U.S.C. 951) is amended to read as fol16 lows: 

17 ‘‘SEC. 2. DEFINITIONS. 

18 ‘‘In this Act: 

19 ‘‘(1) ANTIGUA CONVENTION.—The term ‘Anti20 gua Convention’ means the Convention for the 

21 Strengthening of the Inter-American Tropical Tuna 

22 Commission Established by the 1949 Convention 

23 Between the United States of America and the Re24 public of Costa Rica, signed at Washington, Novem25 ber 14, 2003. 


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

2 means the Inter-American Tropical Tuna Commis3 sion provided for by the Convention. 

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

5 means— 

6 ‘‘(A) the Convention for the Establishment 

7 of an Inter-American Tropical Tuna Commis8 sion, signed at Washington, May 31, 1949, by 

9 the United States of America and the Republic 

10 of Costa Rica; 

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

12 entry into force for the United States, and any 

13 amendments thereto that are in force for the 

14 United States; or 

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

16 requires. 

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

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

19 land on, bring into, or introduce into, any place sub20 ject to the jurisdiction of the United States, whether 

21 or not such landing, bringing, or introduction con22 stitutes an importation within the meaning of the 

23 customs laws of the United States. 


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

3 subject to the jurisdiction of the United States. 

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

5 States’ includes all areas under the sovereignty of 

6 the United States. 

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

8 commissioners’ means the members of the commis9 sion. 

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

11 means the U.S. Commissioners to the Commission 

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

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

14 QUALIFICATIONS. 

15 Section 3 (16 U.S.C. 952) is amended to read as fol16 lows: 

17 ‘‘SEC. 3. COMMISSIONERS. 

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

19 represented on the Commission by 5 United States Com20 missioners. The President shall appoint individuals to 

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

22 In making the appointments, the President shall select 

23 Commissioners from among individuals who are knowl24 edgeable or experienced concerning highly migratory fish 

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


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1 shall be an officer or employee of the Department of Com2 merce, one of whom shall be the chairman or a member 

3 of the Western Pacific Fishery Management Council, and 

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

5 Pacific Fishery Management Council. Not more than 2 

6 Commissioners may be appointed who reside in a State 

7 other than a State whose vessels maintain a substantial 

8 fishery in the area of the Convention. 

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

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

11 from time to time and for periods of time deemed appro12 priate Alternate United States Commissioners to the Com13 mission. Any Alternate United States Commissioner may 

14 exercise, at any meeting of the Commission or of the Gen15 eral Advisory Committee or Scientific Advisory Sub16 committee established pursuant to section 4(b), all powers 

17 and duties of a United States Commissioner in the ab18 sence of any Commissioner appointed pursuant to sub19 section (a) of this section for whatever reason. The num20 ber of such Alternate United States Commissioners that 

21 may be designated for any such meeting shall be limited 

22 to the number of United States Commissioners appointed 

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

24 present at such meeting. 

25 ‘‘(c) ADMINISTRATIVE MATTERS.— 


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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. 

9 ‘‘(2) COMPENSATION.—The United States Com10 missioners or Alternate Commissioners, although of11 ficers of the United States while so serving, shall re12 ceive no compensation for their services as such 

13 Commissioners or Alternate Commissioners. 

14 ‘‘(3) TRAVEL EXPENSES.— 

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

16 necessary travel expenses of United States 

17 Commissioners and Alternate United States 

18 Commissioners to meetings of the IATTC and 

19 other meetings the Secretary deems necessary 

20 to fulfill their duties, in accordance with the 

21 Federal Travel Regulations and sections 5701, 

22 5702, 5704 through 5708, and 5731 of title 5, 

23 United States Code. 


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1 ‘‘(B) The Secretary may reimburse the 

2 Secretary of State for amounts expended by the 

3 Secretary of State under this subsection.’’. 

4 SEC. 405. GENERAL ADVISORY COMMITTEE AND SCI5 ENTIFIC ADVISORY SUBCOMMITTEE. 

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

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

8 following: 

9 ‘‘(a) GENERAL ADVISORY COMMITTEE.— 

10 ‘‘(1) APPOINTMENTS; PUBLIC PARTICIPATION; 

11 COMPENSATION.— 

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

13 the Secretary of State, shall appoint a General 

14 Advisory Committee which shall consist of not 

15 more than 25 individuals who shall be rep16 resentative of the various groups concerned 

17 with the fisheries covered by the Convention, in18 cluding nongovernmental conservation organiza19 tions, providing to the maximum extent prac20 ticable an equitable balance among such groups. 

21 Members of the General Advisory Committee 

22 will be eligible to participate as members of the 

23 U.S. delegation to the Commission and its 

24 working groups to the extent the Commission 

25 rules and space for delegations allow. 


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

2 Management Council’s Advisory Subpanel for 

3 Highly Migratory Fisheries and the chair of the 

4 Western Pacific Fishery Management Council’s 

5 Advisory Committee shall be members of the 

6 General Advisory Committee by virtue of their 

7 positions in those Councils; 

8 ‘‘(C) Each member of the General Advi9 sory Committee appointed under subparagraph 

10 (A) shall serve for a term of 3 years and is eli11 gible for reappointment. 

12 ‘‘(D) The General Advisory Committee 

13 shall be invited to attend all non-executive 

14 meetings of the United States Section and at 

15 such meetings shall be given opportunity to ex16 amine and to be heard on all proposed pro17 grams of investigation, reports, recommenda18 tions, and regulations of the Commission. 

19 ‘‘(E) The General Advisory Committee 

20 shall determine its organization, and prescribe 

21 its practices and procedures for carrying out its 

22 functions under this chapter, the Magnuson23 Stevens Fishery Conservation and Management 

24 Act (16 U.S.C. 1801 et seq.), and the Conven25 tion. The General Advisory Committee shall 


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1 publish and make available to the public a 

2 statement of its organization, practices and pro3 cedures. Meetings of the General Advisory Com4 mittee, except when in executive session, shall 

5 be open to the public, and prior notice of meet6 ings shall be made public in timely fashion. The 

7 General Advisory Committee shall not be sub8 ject to the Federal Advisory Committee Act (5 

9 U.S.C. App.). 

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

11 and the Secretary of State shall furnish the General 

12 Advisory Committee with relevant information con13 cerning fisheries and international fishery agree14 ments. 

15 ‘‘(3) ADMINISTRATIVE MATTERS.— 

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

17 General Advisory Committee in a timely man18 ner such administrative and technical support 

19 services as are necessary for its effective func20 tioning. 

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

22 member of the General Advisory Committee— 

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

24 away from their homes or regular places of 

25 business to attend meetings of the General 


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1 Advisory Committee shall be allowed travel 

2 expenses, including per diem in lieu of sub3 sistence, in the same manner as persons 

4 employed intermittently in the Government 

5 service are allowed expenses under section 

6 5703 of title 5, United States Code; and 

7 ‘‘(ii) shall not be considered Federal 

8 employees except for the purposes of injury 

9 compensation or tort claims liability as 

10 provided in chapter 81 of title 5, United 

11 States Code, and chapter 171 of title 28, 

12 United States Code.’’; and 

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

14 precedes paragraph (2) and inserting the following: 

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

16 Secretary, in consultation with the Secretary of State, 

17 shall appoint a Scientific Advisory Subcommittee of not 

18 less than 5 nor more than 15 qualified scientists with bal19 anced representation from the public and private sectors, 

20 including nongovernmental conservation organizations.’’. 

21 SEC. 406. RULEMAKING. 

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

23 (1) by striking the section caption and inserting 

24 the following: 


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1 ‘‘SEC. 6. RULEMAKING.’’; 

2 and 

3 (2) by striking subsections (a) and (b) and in4 serting the following: 

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

6 with the Secretary of State and, with respect to enforce7 ment measures, the Secretary of the Department in which 

8 the Coast Guard is operating, may promulgate such regu9 lations as may be necessary to carry out the United States 

10 international obligations under the Convention and this 

11 Act, including recommendations and decisions adopted by 

12 the Commission. In cases where the Secretary has discre13 tion in the implementation of one or more measures adopt14 ed by the Commission that would govern fisheries under 

15 the authority of a Regional Fishery Management Council, 

16 the Secretary may, to the extent practicable within the im17 plementation schedule of the Convention and any rec18 ommendations and decisions adopted by the Commission, 

19 promulgate such regulations in accordance with the proce20 dures established by the Magnuson-Stevens Fishery Con21 servation and Management Act (16 U.S.C. 1801 et seq.). 

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

23 regulations applicable to all vessels and persons subject 

24 to the jurisdiction of the United States, including United 

25 States flag vessels wherever they may be operating, on 

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


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1 SEC. 407. PROHIBITED ACTS. 

2 Section 8 (16 U.S.C. 957) is amended to read as fol3 lows: 

4 ‘‘SEC. 8. PROHIBITED ACTS. 

5 ‘‘It is unlawful for any person— 

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

7 any regulation or permit issued pursuant to this Act; 

8 ‘‘(2) to use any fishing vessel to engage in fish9 ing after the revocation, or during the period of sus10 pension, of an applicable permit issued pursuant to 

11 this Act; 

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

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

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

15 such person’s control for the purposes of conducting 

16 any search, investigation or inspection in connection 

17 with the enforcement of this Act or any regulation, 

18 permit, or the Convention; 

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

20 intimidate, sexually harass, bribe, or interfere with 

21 any such authorized officer in the conduct of any 

22 search, investigations or inspection in connection 

23 with the enforcement of this Act or any regulation, 

24 permit, or the Convention; 

25 ‘‘(5) to resist a lawful arrest for any act prohib26 ited by this Act; 


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1 ‘‘(6) to ship, transport, offer for sale, sell, pur2 chase, import, export, or have custody, control, or 

3 possession of, any fish taken or retained in violation 

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

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

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

7 means, the apprehension or arrest of another person, 

8 knowing that such other person has committed any 

9 act prohibited by this section; 

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

11 Secretary false information regarding any matter 

12 that the Secretary is considering in the course of 

13 carrying out this Act; 

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

15 intimidate, sexually harass, bribe, or interfere with 

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

17 collector employed by the National Marine Fisheries 

18 Service or under contract to any person to carry out 

19 responsibilities under this Act; 

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

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

22 Act; 

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

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


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1 or control any fish taken or retained in violation of 

2 such regulations; 

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

4 catch returns, statistical records, or other reports as 

5 are required by regulations adopted pursuant to this 

6 Act to be made, kept, or furnished; 

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

8 and instructed to stop by a duly authorized official 

9 of the United States; and 

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

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

12 fish in any form of those species subject to regula13 tion pursuant to a recommendation, resolution, or 

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

15 not under regulation but under investigation by the 

16 Commission, during the period such fish have been 

17 denied entry in accordance with the provisions of 

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

19 such proof as the Secretary of Commerce may re20 quire that a fish described in this paragraph offered 

21 for entry into the United States is not ineligible for 

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

23 Act.’’. 


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1 SEC. 408. ENFORCEMENT. 

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

3 follows: 

4 ‘‘SEC. 10. ENFORCEMENT. 

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

6 International Fisheries Stewardship and Enforcement 

7 Act.’’. 

8 SEC. 409. REDUCTION OF BYCATCH. 

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

10 ‘‘vessel’’ and inserting ‘‘vessels’’. 

11 SEC. 410. REPEAL OF EASTERN PACIFIC TUNA LICENSING 

12 ACT OF 1984. 

13 The Eastern Pacific Tuna Licensing Act of 1984 (16 

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

Æ 


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