IB 
Union Calendar No. 126 
111TH CONGRESS 
1ST SESSION H. R. 1080 
[Report No. 111–228] 
To strengthen enforcement mechanisms to stop illegal, unreported, and 
unregulated fishing, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 13, 2009 
Ms. BORDALLO (for herself, Mr. ABERCROMBIE, Mr. FALEOMAVAEGA, Mr. 
FARR, Mrs. CHRISTENSEN, and Mr. SABLAN) introduced the following 
bill; which was referred to the Committee on Natural Resources 
JULY 24, 2009 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 13, 2009] 
A BILL 
To strengthen enforcement mechanisms to stop illegal, 
unreported, and unregulated fishing, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Illegal, Unreported, and 
Unregulated Fishing Enforcement Act of 2009’’. 
SEC. 2. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISH-
ING MORATORIUM PROTECTION ACT. 
(a) ADMINISTRATION
AND ENFORCEMENT.—Section 
606 of the High Seas Driftnet Fishing Moratorium Protec-
tion Act (16 U.S.C. 1826g) is amended by inserting before 
the first sentence the following: 
‘‘(a) IN GENERAL.—The Secretary and the Secretary 
of the department in which the Coast Guard is operating 
shall enforce this title, and the Acts to which this section 
applies, in accordance with this section. Each such Sec-
retary may, by agreement, on a reimbursable basis or other-
wise, utilize the personnel services, equipment (including 
aircraft and vessels), and facilities of any other Federal 
agency, and of any State agency, in the performance of such 
duties. 
‘‘(b) ACTS TO WHICH SECTION APPLIES.—This section 
applies to— 
‘‘(1) the Pacific Salmon Treaty Act of 1985 (16 
U.S.C. 3631 et seq.); 
‘‘(2) the Dolphin Protection Consumer Informa-
tion Act (16 U.S.C. 1385); 
‘‘(3) the Tuna Conventions Act of 1950 (16 
U.S.C. 951 et seq.); 
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‘‘(4) the North Pacific Anadromous Stocks Act of 
1992 (16 U.S.C. 5001 et seq.); 
‘‘(5) the South Pacific Tuna Act of 1988 (16 
U.S.C. 973 et seq.); 
‘‘(6) the Antarctic Marine Living Resources Con-
vention Act of 1984 (16 U.S.C. 2431 et seq.); 
‘‘(7) the Atlantic Tunas Convention Act of 1975 
(16 U.S.C. 971 et seq.); 
‘‘(8) the Northwest Atlantic Fisheries Convention 
Act of 1995 (16 U.S.C. 5601 et seq.); and 
‘‘(9) the Western and Central Pacific Fisheries 
Convention Implementation Act (16 U.S.C. 6901 et 
seq.). 
‘‘(c) ADMINISTRATION AND ENFORCEMENT.—The Sec-
retary shall prevent any person from violating this title, 
or any Act to which this section applies, in the same man-
ner, by the same means, and with the same jurisdiction, 
powers, and duties as though sections 308 through 311 of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1858 through 1861) were incorporated 
into and made a part of and applicable to this title and 
each such Act. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) IN GENERAL.—Notwithstanding the incor-
poration by reference of certain sections of the Mag-
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nuson-Stevens Fishery Conservation and Management 
Act under subsection (c), if there is a conflict between 
a provision of this subsection and the corresponding 
provision of any section of the Magnuson-Stevens 
Fishery Conservation and Management Act so incor-
porated, the provision of this subsection shall apply. 
‘‘(2) ADDITIONAL ENFORCEMENT AUTHORITY.— 
In addition to the powers of officers authorized pursu-
ant to subsection (c), any officer who is authorized by 
the Secretary, or the head of any Federal or State 
agency that has entered into an agreement with the 
Secretary under subsection (a), to enforce the provi-
sions of any Act to which this section applies may, 
with the same jurisdiction, powers, and duties as 
though section 311 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1861) 
were incorporated into and made a part of each such 
Act— 
‘‘(A) search or inspect any facility or con-
veyance used or employed in, or which reason-
ably appears to be used or employed in, the stor-
age, processing, transport, or trade of fish or fish 
products; 
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‘‘(B) inspect records pertaining to the stor-
age, processing, transport, or trade of fish or fish 
products; 
‘‘(C) detain, for a period of up to 5 days, 
any shipment of fish or fish product imported 
into, landed on, introduced into, exported from, 
or transported within the jurisdiction of the 
United States, or, if such fish or fish product is 
deemed to be perishable, sell and retain the pro-
ceeds therefrom for a period of up to 5 days; 
‘‘(D) make an arrest, in accordance with 
any guidelines which may be issued by the Attor-
ney General, for any offense under the laws of 
the United States committed in the person’s 
presence, or for the commission of any felony 
under the laws of the United States, if the person 
has reasonable grounds to believe that the person 
to be arrested has committed or is committing a 
felony; 
‘‘(E) search and seize, in accordance with 
any guidelines that are issued by the Attorney 
General; and 
‘‘(F) execute and serve any subpoena, arrest 
warrant, search warrant issued in accordance 
with rule 41 of the Federal Rules of Criminal 
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Procedure, or other warrant or civil or criminal 
process issued by any officer or court of com-
petent jurisdiction. 
‘‘(3) DISCLOSURE OF ENFORCEMENT INFORMA-
TION.—The Secretary may disclose, as necessary and 
appropriate, information, including information col-
lected under joint authority of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) and the Atlantic Tunas Conven-
tion Act of 1975 (16 U.S.C. 71 et seq.) or the Western 
and Central Pacific Fisheries Convention Implemen-
tation Act (16 U.S.C. 6901 et seq.) or other statutes 
implementing international fishery agreements, to 
any other Federal or State government agency, the 
Food and Agriculture Organization of the United Na-
tions, the secretariat or equivalent of an international 
fishery management organization or arrangement 
made pursuant to an international fishery agreement, 
or a foreign government, if— 
‘‘(A) such government, organization, or ar-
rangement has policies and procedures to protect 
such information from unintended or unauthor-
ized disclosure; and 
‘‘(B) such disclosure is necessary— 
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subject to such person’s control for the purposes of 
conducting any search, investigation, or inspection in 
connection with the enforcement of this title, any reg-
ulation promulgated under this title, or any Act to 
which this section applies; 
‘‘(3) to forcibly assault, resist, oppose, impede, 
intimidate, or interfere with any such authorized offi-
cer in the conduct of any search, investigation, or in-
spection described in paragraph (2); 
‘‘(4) to resist a lawful arrest for any act prohib-
ited by this section or any Act to which this section 
applies; 
‘‘(5) to interfere with, delay, or prevent, by any 
means, the apprehension, arrest, or detection of an 
other person, knowing that such person has committed 
any act prohibited by this section or any Act to which 
this section applies; or 
‘‘(6) to forcibly assault, resist, oppose, impede, 
intimidate, sexually harass, bribe, or interfere with— 
‘‘(A) any observer on a vessel under this 
title or any Act to which this section applies; or 
‘‘(B) any data collector employed by the 
National Marine Fisheries Service or under con-
tract to any person to carry out responsibilities 
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under this title or any Act to which this section 
applies. 
‘‘(f) CIVIL PENALTY.—Any person who commits any 
act that is unlawful under subsection (e) shall be liable to 
the United States for a civil penalty, and may be subject 
to a permit sanction, under section 308 of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1858). 
‘‘(g) CRIMINAL PENALTY.—Any person who commits 
an act that is unlawful under subsection (e)(2), (e)(3), 
(e)(4), (e)(5), or (e)(6) is deemed to be guilty of an offense 
punishable under section 309(b) of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 
1859(b)). 
‘‘(h) UTILIZATION OF FEDERAL AGENCY ASSETS.—’’. 
(b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF 
INTERNATIONAL
FISHERY
MANAGEMENT
ORGANIZA-
TIONS.—Section 608 of such Act (16 U.S.C. 1826i) is 
amended by— 
(1) inserting before the first sentence the fol-
lowing: ‘‘(a) IN GENERAL.—’’; 
(2) in subsection (a) (as designated by para-
graph (1) of this subsection) in the first sentence, in-
serting ‘‘, or arrangements made pursuant to an 
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international fishery agreement,’’ after ‘‘organiza-
tions’’; and 
(3) adding at the end the following new sub-
sections: 
‘‘(b) DISCLOSURE OF INFORMATION.—The Secretary 
may disclose, as necessary and appropriate, information, 
including information collected under joint authority of the 
Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas Con-
vention Act of 1975 (16 U.S.C. 71 et seq.), the Western and 
Central Pacific Fisheries Convention Implementation Act 
(16 U.S.C. 6901 et seq.), any other statute implementing 
an international fishery agreement, to any other Federal 
or State government agency, the Food and Agriculture Or-
ganization of the United Nations, or the secretariat or 
equivalent of an international fishery management organi-
zation or arrangement made pursuant to an international 
fishery agreement, if such government, organization, or ar-
rangement, respectively, has policies and procedures to pro-
tect such information from unintended or unauthorized dis-
closure. 
‘‘(c) IUU VESSEL LISTS.—The Secretary may— 
‘‘(1) develop, maintain, and make public a list 
of vessels and vessel owners engaged in illegal, unre-
ported, or unregulated fishing or fishing-related ac-
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tivities in support of illegal, unreported, or unregu-
lated fishing, including vessels or vessel owners identi-
fied by an international fishery management organi-
zation or arrangement made pursuant to an inter-
national fishery agreement, that— 
‘‘(A) the United States is party to; or 
‘‘(B) the United States is not party to, but 
whose procedures and criteria in developing and 
maintaining a list of such vessels and vessel 
owners are substantially similar to such proce-
dures and criteria adopted pursuant to an inter-
national fishery agreement to which the United 
States is a party; and 
‘‘(2) take appropriate action against listed ves-
sels and vessel owners, including action against fish, 
fish parts, or fish products from such vessels, in ac-
cordance with applicable United States law and con-
sistent with applicable international law, including 
principles, rights, and obligations established in ap-
plicable international fishery management agreements 
and trade agreements. 
‘‘(d) REGULATIONS.—The Secretary may promulgate 
regulations to implement this section.’’. 
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(c) NOTIFICATION REGARDING IDENTIFICATION OF NA-
TIONS.—Section 609(b) of such Act (166 U.S.C. 1826j(b)) 
is amended to read as follows: 
‘‘(b) NOTIFICATION.—The Secretary shall notify the 
President and that nation of such an identification.’’. 
(d) NATIONS IDENTIFIED UNDER SECTION 610.—Sec-
tion 610(b)(1) of such Act (16 U.S.C. 1826k(b)(1)) is 
amended to read as follows: 
‘‘(1) notify, as soon as possible, the President 
and nations that have been identified under sub-
section (a), and also notify other nations whose vessels 
engage in fishing activities or practices described in 
subsection (a), about the provisions of this section and 
this Act;’’. 
(e) EFFECT
OF
CERTIFICATION
UNDER
SECTION 
609.—Section 609(d)(3)(A)(i) of such Act (16 U.S.C. 
1826j(d)(3)(A)(i)) is amended by striking ‘‘that has not 
been certified by the Secretary under this subsection, or’’. 
(f) EFFECT
OF
CERTIFICATION
UNDER
SECTION 
610.—Section 610(c)(5) of such Act (16 U.S.C. 1826k(c)(5)) 
is amended by striking ‘‘that has not been certified by the 
Secretary under this subsection, or’’. 
(g) IDENTIFICATION OF NATIONS.— 
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(1) SCOPE OF IDENTIFICATION FOR ACTIONS OF 
FISHING VESSELS.—Section 609(a) of such Act (16 
U.S.C. 1826j(a)) is amended— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘2 years’’ and inserting ‘‘3 years’’; 
(B) in paragraph (1), by inserting ‘‘that 
undermines the effectiveness of measures required 
by an international fishery management organi-
zation, taking into account whether’’ after ‘‘(1)’’; 
and 
(C) in paragraph (1), by striking ‘‘vessels 
of’’. 
(2) ADDITIONAL
GROUNDS
FOR
IDENTIFICA-
TION.—Section 609(a) of such Act (16 U.S.C. 
1826j(a)) is further amended— 
(A) by redesignating paragraphs (1) and 
(2) in order as subparagraphs (A) and (B) (and 
by moving the margins of such subparagraphs 2 
ems to the right); 
(B) by inserting before the first sentence the 
following: 
‘‘(1) IDENTIFICATION FOR ACTIONS OF FISHING 
VESSELS.—’’; and 
(C) by adding at the end the following: 
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