South Pacific Tuna Act of 2022

To amend the South Pacific Tuna Act ( 16 U.S.C. 973 et seq. 1. Short title; table of contents (a) Short title This Act may be cited as the South Pacific Tuna Act of 2022 (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. 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. 2. Amendment of South Pacific Tuna Act Except as otherwise expressly provided, wherever in this title an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the South Pacific Tuna Act ( 16 U.S.C. 973 et seq. 3. Definitions (a) Applicable national law Section 2 ( 16 U.S.C. 973 described in paragraph 1(a) of Annex I of noticed and in effect in accordance with (b) Closed area Section 2 ( 16 U.S.C. 973 of the closed areas identified in Schedule 2 of Annex I of area within the jurisdiction of a Pacific Island Party that is closed to vessels pursuant to that Party’s national laws, and is noticed and in effect in accordance with (c) Fishing Section 2 ( 16 U.S.C. 973 (1) inserting for any purpose harvesting of fish (2) striking aircraft (3) striking , relating to the activities of any other vessel, vehicle, aircraft or hovercraft, for any activity (4) striking flights in except for (5) inserting the health or safety of (6) striking members crew (d) Fishing vessel Section 2 ( 16 U.S.C. 973 (1) inserting purse seine used for commercial (2) inserting for tuna purse seine fishing (e) Licensing area Section 2 ( 16 U.S.C. 973 in the Treaty Area except for under the jurisdiction of the Pacific Island Parties except for internal waters, territorial seas, archipelagic waters and any Closed Area. (f) Limited area Section 2 ( 16 U.S.C. 973 (1) striking paragraph (10) of section 2; and (2) redesignating existing paragraphs (11) through (14) of section 2 as paragraphs (10) through (13), respectively. (g) Regional terms and conditions Section 2 ( 16 U.S.C. 973 (14) The term regional terms and conditions . (h) Treaty area Section 2 ( 16 U.S.C. 973 4. Prohibited acts (a) Section 5(a) ( 16 U.S.C. 973c (1) striking Except as provided in section 973d of this title, it It (2) striking paragraphs (3) and (4); (3) redesignating existing paragraphs (5) through (13) as paragraphs (3) through (11), respectively; (4) inserting , except in accordance with an agreement pursuant to the Treaty Closed Area (5) striking or (6) striking . ; (7) inserting after paragraph (11), as so redesignated, the following new paragraphs— (12) to violate any of the regional terms and conditions; or (13) to violate any limit on authorized fishing effort or catch. . (b) Section 5(b) ( 16 U.S.C. 973c (1) striking Except as provided in section 973d of this title, it It (2) striking paragraph (5); and (3) redesignating existing paragraphs (6) and (7) as paragraphs (5) and (6), respectively. 5. Exceptions (a) Section 6 ( 16 U.S.C. 973d Reserved 6. Criminal offenses (a) Prohibited acts Section 7(a) ( 16 U.S.C. 973e section 973c(a)(8), (10), (11), or (12) section 973c(a)(6), (8), (9), or (10) 7. Civil penalties (a) Determination of liability; amount; participation by secretary of state in assessment proceeding Section 8(a) ( 16 U.S.C. 973f (1) striking Code liable to the United States (2) striking Except for those acts prohibited by section 973c(a)(4), (5), (7), (8), (10), (11), and (12), and section 973c(b)(1), (2), (3), and (7) of this title, the The (b) Waiver of referral to attorney general Section 8(g) ( 16 U.S.C. 973f (1) striking (8), (9), (5), (6), (7), (11), (12), or (2) striking , all Limited Areas closed to fishing, outside of the Licensing Area 8. Licenses (a) Forwarding and transmittal of vessel license Application Section 9(b) ( 16 U.S.C. 973g (1) striking Except as provided in subsections In accordance with subsection (2) inserting and except as provided in subsection In accordance with subsection (e), (3) striking , and (g) (4) striking to the Secretary of State for transmittal (5) striking , includes a complete application form as required by Annex II of the Treaty, and is accompanied by the required license fee (b) Fees and schedules Section 9(c) ( 16 U.S.C. 973g (1) striking and fee schedules (2) striking paragraph (1); (3) striking (2) After such initial year, fees for vessel licenses Fees required under the Treaty (4) striking fee schedules established under Annex II of (5) striking published by the Secretary 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(f) ( 16 U.S.C. 973g (1) striking section 9(f); and (2) redesignating existing sections 9(g) and 9(h) as sections 9(f) and 9(g), respectively. (d) Grounds for denial of forwarding of license Application Section 9(f) ( 16 U.S.C. 973g chapter title (e) Grandfathering of vessels documented before november 3, 1995 Section 9(g) ( 16 U.S.C. 973g (1) in paragraph (1), replacing 12108 12113 (2) striking Treaty may fish for tuna in the Licensing (3) striking including those waters subject to the jurisdiction of the United States and on the high seas and in waters subject to the jurisdiction of the United States west of 146° W. longitude and east of 129.5° E longitude (4) striking treaty and subject to the provisions of the Treaty, (5) inserting and other applicable law, this chapter, (6) striking fishing in the Treaty Area provided that no such vessel (7) striking under the provisions of the Treaty or this chapter 9. Enforcement (a) Notice requirements to pacific island party concerning institution and outcome of legal proceedings Section 10(c) ( 16 U.S.C. 973h (1) striking paragraph 8 of Article 4 of notify the Pacific Island Party in accordance with (2) striking Article 10 of effective date of the notice under (b) Searches and seizures by authorized officers; limitations on power Section 10(d) ( 16 U.S.C. 973h (1) striking or (2) inserting or 10. Findings by Secretary (a) Order of vessel To leave waters upon failure To submit to jurisdiction of pacific island party; procedure Applicable Section 11(a) ( 16 U.S.C. 973i (1) striking , all Limited Areas, leave immediately the Licensing Area (2) striking paragraph 2 of Article 3 of and that under (3) striking within the Treaty Area final determination deriving from a violation in waters under the jurisdiction (4) striking (a)(5), section 973c(a)(4), (5) striking (7) section 973c(b) (6) (6) striking (7) section 973c(b) (6) (b) Order of vessel To leave waters where pacific island party investigating alleged treaty infringement Section 11(b) ( 16 U.S.C. 973i paragraph 7 of Article 5 of Parties has been made under 11. Reporting requirements; disclosure of information (a) Section 12(a) ( 16 U.S.C. 973j (1) striking Holders of licenses Operators (2) striking of part 4 of Annex I to the Treaty established by the Secretary (b) Section 12(b) ( 16 U.S.C. 973j (1) striking section 12(b), and inserting the following new paragraphs in its place— (b) The following information shall be confidential and shall not be disclosed, except in accordance with subsection (c) below— (1) information provided to the Secretary by the Administrator that the Administrator has designated confidential; (2) observer information; and (3) any information submitted to the Secretary by any person in compliance with the requirements of this title. (c) The Secretary may disclose information described in subsection (b): (1) if disclosure is required under court order; (2) if the information is used by Federal employees for enforcement, or in support of the Coast Guard’s homeland and national security missions as defined in 6 U.S.C. 468 (3) if the information is used by Federal employees or Fishery Management Council employees for Treaty administration or fishery management and monitoring; (4) to the Administrator, in accordance with the requirements of the Treaty and this title; (5) to the secretariat or equivalent of an international fisheries management organization of which the United States is a member, in accordance with its requirements or decisions, and insofar as possible, in accordance with an agreement that prevents public disclosure of the business or identity of any person; or (6) if the Secretary has obtained written authorization from the person providing such information, and release does not violate other requirements of this title. (d) Notwithstanding subsections (b) and (c) above, the Secretary may, by regulations, prescribe such procedures as may be necessary to preserve the confidentiality of information described in subsection (b), except that the Secretary may release or make public any such information in any aggregate or summary form, which does not directly or indirectly disclose the identity or business of any person submitting such information. . 12. Closed area stowage requirements (a) Section 13 ( 16 U.S.C. 973k . In particular, the boom shall be lowered and in accordance with any requirements established by the Secretary. 13. Observers (a) Section 14 ( 16 U.S.C. 973l Operators shall comply with the requirements established by the Secretary regarding vessel observers. 14. Technical assistance (a) Section 15 ( 16 U.S.C. 973m The Secretary and the Secretary of State may assist the Pacific Island Parties to achieve their objective of maximizing benefits to the Pacific Island Parties from the development of their fisheries resources and the operation of fishing vessels that are licensed pursuant to the Treaty. This may include the provision of technical assistance, training and capacity building opportunities, facilitation of the implementation of private sector activities or partnerships, and other activities as appropriate. . 15. Arbitration (a) Section 16 ( 16 U.S.C. 973n (1) striking Article 6 of arbitral tribunal under (2) striking paragraph 3 of that Article the Treaty, shall determine the location of the arbitration 16. Disposition of fees, penalties, forfeitures, and other moneys (a) Section 17 ( 16 U.S.C. 973o Article 4 of 17. Additional agreements (a) Section 18 ( 16 U.S.C. 973p The Secretary may establish procedures for review of any agreements for additional fishing access entered into pursuant to the Treaty. 18. Authorization of appropriations (a) Section 20(a) ( 16 U.S.C. 973r (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 title.

Summary: South Pacific Tuna Act of 2022 This bill revises federal requirements for U.S. commercial fishing vessels operating in the South Pacific.