South Pacific Tuna Treaty Act of 2023

Subjects: Public Lands and Natural Resources


<html><body><pre>[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1792 Introduced in House (IH)]

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118th CONGRESS
  1st Session
                                H. R. 1792

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


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 24, 2023

  Mrs. Radewagen (for herself and Mr. Case) introduced the following 
     bill; which was referred to the Committee on Natural Resources

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``South Pacific Tuna 
Treaty Act of 2023''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Amendment of South Pacific Tuna Act of 1988.
Sec. 3. Definitions.
Sec. 4. Prohibited acts.
Sec. 5. Exceptions.
Sec. 6. Criminal offenses.
Sec. 7. Civil penalties.
Sec. 8. Licenses.
Sec. 9. Enforcement.
Sec. 10. Findings by Secretary.
Sec. 11. Reporting requirements; disclosure of information.
Sec. 12. Closed Area stowage requirements.
Sec. 13. Observers.
Sec. 14. Technical assistance.
Sec. 15. Arbitration.
Sec. 16. Disposition of fees, penalties, forfeitures, and other moneys.
Sec. 17. Additional agreements.
Sec. 18. Authorization of appropriations.

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

     Except as otherwise expressly provided, wherever in this Act an 
amendment or repeal is expressed in terms of an amendment to, or repeal 
of, a section or other provision, the reference shall be considered to 
be made to a section or other provision of the South Pacific Tuna Act 
of 1988 (16 U.S.C. 973 et seq.).

SEC. 3. DEFINITIONS.

    (a) Applicable National Law.--Section 2(4) (16 U.S.C. 973(4)) is 
amended by striking ``described in paragraph 1(a) of Annex I of'' and 
inserting ``noticed and in effect in accordance with''.
    (b) Closed Area.--Section 2(5) (16 U.S.C. 973(5)) is amended by 
striking ``of the closed areas identified in Schedule 2 of Annex I of'' 
and inserting ``area within the jurisdiction of a Pacific Island Party 
that is closed to vessels pursuant to a national law of that Pacific 
Island Party and is noticed and in effect in accordance with''.
    (c) Fishing.--Section 2(6) (16 U.S.C. 973(6)) is amended--
            (1) in subparagraph (C), by inserting ``for any purpose'' 
        after ``harvesting of fish''; and
            (2) by amending subparagraph (F) to read as follows:
                    ``(F) use of any other vessel, vehicle, aircraft, 
                or hovercraft, for any activity described in this 
                paragraph except for emergencies involving the health 
                or safety of the crew or the safety of a vessel.''.
    (d) Fishing Vessel.--Section 2(7) (16 U.S.C. 973(7)) is amended by 
striking ``commercial fishing'' and inserting ``commercial purse seine 
fishing for tuna''.
    (e) Licensing Area.--Section 2(8) (16 U.S.C. 973(8)) is amended by 
striking ``in the Treaty Area'' and all that follows and inserting 
``under the jurisdiction of a Pacific Island Party, except for internal 
waters, territorial seas, archipelagic waters, and any Closed Area.''.
    (f) Limited Area; Party; Treaty Area.--Section 2 (16 U.S.C. 973) is 
amended--
            (1) by striking paragraphs (10), (13), and (18);
            (2) by redesignating paragraphs (11) and (12) as paragraphs 
        (10) and (11), respectively;
            (3) by redesignating paragraph (14) as paragraph (12); and
            (4) by redesignating paragraphs (15) through (17) as 
        paragraphs (14) through (16), respectively.
    (g) Regional Terms and Conditions.--Section 2 (16 U.S.C. 973) is 
amended by inserting after paragraph (12), as so redesignated, the 
following:
            ``(13) The term `regional terms and conditions' means any 
        of the terms or conditions attached by the Administrator to the 
        license issued by the Administrator, as notified by the 
        Secretary.''.

SEC. 4. PROHIBITED ACTS.

    (a) In General.--Section 5(a) (16 U.S.C. 973c(a)) is amended--
            (1) by striking ``Except as provided in section 6 of this 
        Act, it'' at the beginning and inserting ``It'';
            (2) by striking paragraphs (3) and (4);
            (3) by redesignating paragraphs (5) through (13) as 
        paragraphs (3) through (11), respectively;
            (4) in paragraph (3), as so redesignated, by inserting ``, 
        except in accordance with an agreement pursuant to the Treaty'' 
        after ``Closed Area'';
            (5) in paragraph (10), as so redesignated, by striking 
        ``or'' at the end;
            (6) in paragraph (11), as so redesignated, by striking the 
        period at the end and inserting a semicolon; and
            (7) by adding at the end the following:
            ``(12) to violate any of the regional terms and conditions; 
        or
            ``(13) to violate any limit on authorized fishing effort or 
        catch.''.
    (b) In the Licensing Area.--Section 5(b) (16 U.S.C. 973c(b)) is 
amended--
            (1) by striking ``Except as provided in section 6 of this 
        Act, it'' and inserting ``It'';
            (2) by striking paragraph (5); and
            (3) by redesignating paragraphs (6) and (7) as paragraphs 
        (5) and (6), respectively.

SEC. 5. EXCEPTIONS.

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

SEC. 6. CRIMINAL OFFENSES.

    Section 7(a) (16 U.S.C. 973e(a)) is amended by striking ``section 
5(a) (8), (10), (11), or (12)'' and inserting ``paragraphs (6), (8), 
(9), or (10) of section 5(a)''.

SEC. 7. CIVIL PENALTIES.

    (a) Determination of Liability; Amount; Participation by Secretary 
of State in Assessment Proceeding.--Section 8(a) (16 U.S.C. 973f(a)) is 
amended--
            (1) by striking ``Code'' after ``liable to the United 
        States''; and
            (2) by striking ``Except for those acts prohibited by 
        section 5(a) (4), (5), (7), (8), (10), (11), and (12), and 
        section 5(b) (1), (2), (3), and (7) of this Act, the'' and 
        inserting ``The''.
    (b) Waiver of Referral to Attorney General.--Section 8(g) (16 
U.S.C. 973f(g)) is amended--
            (1) by striking ``section 5(a)(1), (2), (3), (4), (5), (6), 
        (7), (8), (9), or (13)'' and inserting ``paragraphs (1), (2), 
        (3), (4), (5), (6), (7), (11), (12), or (13) of section 5(a)''; 
        and
            (2) in paragraph (2), by striking ``, all Limited Areas 
        closed to fishing,'' after ``outside of the Licensing Area''.

SEC. 8. LICENSES.

    (a) Forwarding and Transmittal of Vessel License Application.--
Section 9(b) (16 U.S.C. 973g(b)) is amended to read as follows:
    ``(b) In accordance with subsection (e), and except as provided in 
subsection (f), the Secretary shall forward a vessel license 
application to the Administrator whenever such application is in 
accordance with application procedures established by the Secretary.''.
    (b) Fees and Schedules.--Section 9(c) (16 U.S.C. 973g(c)) is 
amended to read as follows:
    ``(c) Fees required under the Treaty shall be paid in accordance 
with the Treaty and any procedures established by the Secretary.''.
    (c) Minimum Fees Required To Be Received in Initial Year of 
Implementation for Forwarding and Transmittal of License 
Applications.--Section 9 (16 U.S.C. 973g) is amended--
            (1) by striking subsection (f);
            (2) by redesignating subsections (g) and (h) as subsections 
        (f) and (g), respectively;
            (3) by amending subsection (f), as so redesignated, to read 
        as follows:
    ``(f) The Secretary, in consultation with the Secretary of State, 
may determine that a license application should not be forwarded to the 
Administrator if--
            ``(1) the application is not in accordance with the Treaty 
        or the procedures established by the Secretary; or
            ``(2) the owner or charterer--
                    ``(A) is the subject of proceedings under the 
                bankruptcy laws of the United States, unless reasonable 
                financial assurances have been provided to the 
                Secretary;
                    ``(B) has not established to the satisfaction of 
                the Secretary that the fishing vessel is fully insured 
                against all risks and liabilities normally provided in 
                maritime liability insurance; or
                    ``(C) has not paid any penalty which has become 
                final, assessed by the Secretary in accordance with 
                this Act.''; and
            (4) in subsection (g), as so redesignated--
                    (A) by amending paragraph (1) to read as follows:
            ``(1) chapter 12113 of title 46, United States Code;'';
                    (B) in paragraph (2), by inserting ``of 1972'' 
                after ``Marine Mammal Protection Act'';
                    (C) in paragraph (3), by inserting ``of 1972'' 
                after ``Marine Mammal Protection Act''; and
                    (D) in the matter that follows paragraph (3), by 
                striking ``any vessel documented'' and all that follows 
                and inserting the following:
``any vessel documented under the laws of the United States as of the 
date of enactment of the Fisheries Act of 1995 for which a license has 
been issued under subsection (a) may fish for tuna in the Licensing 
Area, and on the high seas and in waters subject to the jurisdiction of 
the United States west of 146 west longitude and east of 129.5 east 
longitude in accordance with international law, subject to the 
provisions of the Treaty, this Act, and other applicable law, provided 
that no such vessel intentionally deploys a purse seine net to encircle 
any dolphin or other marine mammal in the course of fishing.''.

SEC. 9. ENFORCEMENT.

    (a) Notice Requirements to Pacific Island Party Concerning 
Institution and Outcome of Legal Proceedings.--Section 10(c)(1) (16 
U.S.C. 973h(c)(1)) is amended--
            (1) by striking ``paragraph 8 of Article 4 of''; and
            (2) by striking ``Article 10 of''.
    (b) Searches and Seizures by Authorized Officers; Limitations on 
Power.--Section 10(d)(1)(A) (16 U.S.C. 973h(d)(1)(A)) is amended--
            (1) in clause (ii), by striking ``or'' at the end; and
            (2) in clause (iii), by adding ``or'' at the end.

SEC. 10. FINDINGS BY SECRETARY.

    (a) Order To Leave Waters Upon Failure To Submit to Jurisdiction of 
Pacific Island Party; Procedure Applicable.--Section 11(a) (16 U.S.C. 
973i(a)) is amended--
            (1) by striking ``, all Limited Areas,'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A), by striking ``paragraph 2 
                of Article 3 of''; and
                    (B) in subparagraph (C), by striking ``within the 
                Treaty Area'' and inserting ``under the jurisdiction''; 
                and
            (3) in paragraph (2)--
                    (A) in subparagraph (A), by striking ``section 5 
                (a)(4), (a)(5), (b)(2), or (b)(3)'' and inserting 
                ``paragraph (4) of section 5(a) or paragraphs (2) or 
                (3) of section 5(b)'';
                    (B) in subparagraph (B), by striking ``(7)'' and 
                inserting ``(6)''; and
                    (C) in subparagraph (C), by striking ``(7)'' and 
                inserting ``(6)''.
    (b) Order of Vessel To Leave Waters Where Pacific Island Party 
Investigating Alleged Treaty Infringement.--Section 11(b) (16 U.S.C. 
973i(b)) is amended by striking ``paragraph 7 of Article 5 of''.

SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF INFORMATION.

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

``SEC. 12. REPORTING.

    ``(a) Prohibited Disclosure of Certain Information.--The Secretary 
shall keep confidential and may not disclose the following information, 
except in accordance with subsection (b):
            ``(1) Information provided to the Secretary by the 
        Administrator that the Administrator has designated 
        confidential.
            ``(2) Information collected by observers.
            ``(3) Information submitted to the Secretary by any person 
        in compliance with the requirements of this Act.
    ``(b) Permitted Disclosure of Certain Information.--The Secretary 
may disclose information described in subsection (a)--
            ``(1) if disclosure is ordered by a court;
            ``(2) if the information is used by a Federal employee--
                    ``(A) for enforcement; or
                    ``(B) in support of the homeland and national 
                security missions of the Coast Guard as defined in 
                section 888 of the Homeland Security Act of 2002 (6 
                U.S.C. 468);
            ``(3) if the information is used by a Federal employee or 
        an employee of the Fishery Management Council for Treaty 
        administration or fishery management and monitoring;
            ``(4) to the Administrator, in accordance with the 
        requirements of the Treaty and this Act;
            ``(5) to the secretariat or equivalent of an international 
        fisheries management organization of which the United States is 
        a member, in accordance with the requirements or decisions of 
        such organization, and insofar as possible, in accordance with 
        an agreement that prevents public disclosure of the identity of 
        any person that submits such information;
            ``(6) if the Secretary has obtained written authorization 
        from the person providing such information, and disclosure does 
        not violate other requirements of this Act; or
            ``(7) in an aggregate or summary form that does not 
        directly or indirectly disclose the identity of any person that 
        submits such information.''.

SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS.

    Section 13 (16 U.S.C. 973k) is amended by striking ``. In 
particular, the boom shall be lowered'' and all that follows and 
inserting ``and in accordance with any requirements established by the 
Secretary.''.

SEC. 13. OBSERVERS.

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

SEC. 14. TECHNICAL ASSISTANCE.

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

``SEC. 15. TECHNICAL ASSISTANCE.

    ``The Secretary and the Secretary of State may provide assistance 
to a Pacific Island Party to benefit such Pacific Island Party from the 
development of fisheries resources and the operation of fishing vessels 
that are licensed pursuant to the Treaty, including--
            ``(1) technical assistance;
            ``(2) training and capacity building opportunities;
            ``(3) facilitation of the implementation of private sector 
        activities or partnerships; and
            ``(4) other activities as determined appropriate by the 
        Secretary and the Secretary of State.''.

SEC. 15. ARBITRATION.

    Section 16 (16 U.S.C. 973n) is amended--
            (1) by striking ``Article 6 of'' after ``arbitral tribunal 
        under''; and
            (2) by striking ``paragraph 3 of that Article'', and 
        inserting ``the Treaty, shall determine the location of the 
        arbitration''.

SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, AND OTHER MONEYS.

    Section 17 (16 U.S.C. 973o) is amended by striking ``Article 4 
of''.

SEC. 17. ADDITIONAL AGREEMENTS.

    Section 18 (16 U.S.C. 973p) is amended by striking ``Within 30 days 
after'' and all that follows and inserting ``The Secretary may 
establish procedures for review of any agreements for additional 
fishing access entered into pursuant to the Treaty.''.

SEC. 18. AUTHORIZATION OF APPROPRIATIONS.

    Section 20(a) (16 U.S.C. 973r(a)) is amended to read as follows:
    ``(a) There are authorized to be appropriated such sums as may be 
necessary for carrying out the purposes and provisions of the Treaty 
and this Act for fiscal year 2023 and each fiscal year thereafter.''.
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