rium Protection Act (16 U.S.C. 1826j(d), 1826k(c))’’ 
after ‘‘beyond the exclusive economic zone of any na-
tion’’. 
(b) DURATION
OF NEGATIVE CERTIFICATION EF-
FECTS.—Section 102 of such Act (16 U.S.C. 1826b) is 
amended by— 
(1) striking ‘‘or illegal, unreported, or unregu-
lated fishing’’; and 
(2) inserting ‘‘or effectively addressed the offend-
ing activities for which the nation received a negative 
certification under 609(d) or 610(c) of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826j(d), 1826k(c))’’ before the period at the 
end. 
SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS 
STOCKS ACT OF 1992. 
(a) UNLAWFUL ACTIVITIES.—Section 810 of the North 
Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 5009) 
is amended— 
(1) in paragraph (5), by inserting ‘‘, investiga-
tion,’’ after ‘‘search’’; and 
(2) in paragraph (6), by inserting ‘‘, investiga-
tion,’’ after ‘‘search’’. 
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(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.— 
Section 811 of the Northern Pacific Anadromous Stocks Act 
of 1992 (16 U.S.C. 5010) is amended to read as follows: 
‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCE-
MENT. 
‘‘For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).’’. 
SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY 
ACT OF 1985. 
Section 8 of the Pacific Salmon Treaty Act of 1985 
(16 U.S.C. 3637) is amended— 
(1) in subsection (a)(2)— 
(A) by inserting ‘‘, investigation,’’ after 
‘‘search’’; and 
(B) by striking ‘‘this title;’’ and inserting 
‘‘this Act;’’; 
(2) in subsection (a)(3)— 
(A) by inserting ‘‘, investigation,’’ after 
‘‘search’’; and 
(B) by striking ‘‘subparagraph (2);’’ and 
inserting ‘‘paragraph (2);’’; 
(3) in subsection (a)(5), by striking ‘‘this title; 
or’’ and inserting ‘‘this Act;’’; and 
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(4) by striking subsections (b) through (f) and 
inserting the following: 
‘‘(b) ADDITIONAL
PROHIBITIONS
AND
ENFORCE-
MENT.—For additional prohibitions relating to this Act 
and enforcement of this Act, see section 606 of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826g).’’. 
SEC. 105. AMENDMENTS TO THE WESTERN AND CENTRAL 
PACIFIC FISHERIES CONVENTION IMPLEMEN-
TATION ACT. 
The Western and Central Pacific Fisheries Convention 
Implementation Act (title V of Public Law 109–479) is 
amended— 
(1) by amending section 506(c) (16 U.S.C. 
6905(c)) to read as follows: 
‘‘(c) ADDITIONAL
PROHIBITIONS
AND
ENFORCE-
MENT.—For additional prohibitions relating to this Act 
and enforcement of this Act, see section 606 of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826g).’’; and 
(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) 
by striking ‘‘suspension, on’’ and inserting ‘‘suspen-
sion, of’’. 
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SEC. 106. AMENDMENTS TO THE SOUTH PACIFIC TUNA ACT 
OF 1988. 
The South Pacific Tuna Act of 1988 is amended— 
(1) in section 5(a) (16 U.S.C. 973c(a))— 
(A) in paragraph (8), by inserting ‘‘, inves-
tigation,’’ after ‘‘search’’; and 
(B) in paragraph (10), by inserting ‘‘, in-
vestigation,’’ after ‘‘search’’; and 
(2) by striking sections 7 and 8 (16 U.S.C. 973e 
and 973f) and inserting the following: 
‘‘SEC. 7. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 
‘‘For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).’’. 
SEC. 107. AMENDMENTS TO THE ANTARCTIC MARINE LIV-
ING RESOURCES CONVENTION ACT. 
The Antarctic Marine Living Resources Convention 
Act of 1984 is amended— 
(1) in section 306 (16 U.S.C. 2435)— 
(A) in paragraph (3), by striking ‘‘which he 
knows, or reasonably should have known, was’’; 
(B) in paragraph (4), by inserting ‘‘, inves-
tigation,’’ after ‘‘search’’; and 
(C) in paragraph (5), by inserting ‘‘, inves-
tigation,’’ after ‘‘search’’; 
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(2) in section 307 (16 U.S.C. 2436)— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ be-
fore the first sentence; and 
(B) by adding at the end the following: 
‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION 
MEASURES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsections 
(b), (c), and (d) of section 553 of title 5, United 
States Code, the Secretary of Commerce may publish 
in the Federal Register a final regulation to imple-
ment any conservation measure for which the Sec-
retary of State notifies the Commission under section 
305(a)(1)— 
‘‘(A) that has been in effect for 12 months 
or less; 
‘‘(B) that is adopted by the Commission; 
and 
‘‘(C) with respect to which the Secretary of 
State does not notify Commission in accordance 
with section 305(a)(1) within the time period al-
lotted for objections under Article IX of the Con-
vention. 
‘‘(2) ENTERING INTO FORCE.—Upon publication 
of such regulation in the Federal Register, such con-
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servation measure shall enter into force with respect 
to the United States.’’; and 
(3) by striking sections 308 and 309 (16 U.S.C. 
2437 and 2438) and inserting the following: 
‘‘SEC. 308. ADDITIONAL PROHIBITIONS AND ENFORCE-
MENT. 
‘‘For additional prohibitions relating to this Act and 
enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).’’. 
SEC. 108. AMENDMENTS TO THE ATLANTIC TUNAS CONVEN-
TION ACT. 
The Atlantic Tunas Convention Act of 1975 is amend-
ed— 
(1) 
in 
section 
6(c)(2) 
(16 
U.S.C. 
971d(c)(2)(2))— 
(A) by striking ‘‘(A)’’ and inserting ‘‘(i)’’; 
(B) by striking ‘‘(B)’’ and inserting ‘‘(ii)’’; 
(C) by inserting ‘‘(A)’’ after ‘‘(2)’’; and 
(D) by adding at the end the following: 
‘‘(B) Notwithstanding the requirements of subpara-
graph (A) and subsections (b) and (c) of section 553 of title 
5, United States Code, the Secretary may issue final regula-
tions to implement Commission recommendations referred 
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to in paragraph (1) concerning trade restrictive measures 
against nations or fishing entities.’’; 
(2) in section 7 (16 U.S.C. 971e) by striking sub-
sections (e) and (f) and redesignating subsection (g) 
as subsection (e); 
(3) in section 8 (16 U.S.C. 971f)— 
(A) by striking subsections (a) and (c); and 
(B) by inserting before subsection (b) the 
following: 
‘‘(a) For additional prohibitions relating to this Act 
and enforcement of this Act, see section 606 of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826g).’’; 
(4) in section 8(b) by striking ‘‘the enforcement 
activities specified in section 8(a) of this Act’’ each 
place it appears and inserting ‘‘enforcement activities 
with respect to this Act that are otherwise authorized 
by law’’; and 
(5) by striking section 11 (16 U.S.C. 971j) and 
redesignating sections 12 and 13 as sections 11 and 
12, respectively. 
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SEC. 109. AMENDMENTS TO THE HIGH SEAS FISHING COM-
PLIANCE ACT OF 1965. 
Section 104(f) of the High Seas Fishing Compliance 
Act of 1995 (16 U.S.C. 5503(f)) is amended to read as fol-
lows: 
‘‘(f) VALIDITY.—A permit issued under this section for 
a vessel is void if— 
‘‘(1) any other permit or authorization required 
for the vessel to fish is expired, revoked, or suspended; 
or 
‘‘(2) the vessel is no longer documented under the 
laws of the United States or eligible for such docu-
mentation.’’. 
SEC. 110. AMENDMENTS TO THE DOLPHIN PROTECTION 
CONSUMER INFORMATION ACT. 
The Dolphin Protection Consumer Information Act 
(16 U.S.C. 1385) is amended by amending subsection (e) 
to read as follows: 
‘‘(e) ADDITIONAL
PROHIBITIONS
AND
ENFORCE-
MENT.—For additional prohibitions relating to this Act 
and enforcement of this Act, see section 606 of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826g).’’. 
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SEC. 111. AMENDMENTS TO THE NORTHERN PACIFIC HAL-
IBUT ACT OF 1982. 
Section 7 of the Northern Pacific Halibut Act of 1982 
(16 U.S.C. 773e) is amended— 
(1) in paragraph (a) by redesignating para-
graphs (1) through (6) as subparagraphs (A) through 
(F); 
(2) by redesignating subsections (a) and (b) as 
paragraphs (1) and (2), respectively; 
(3) in paragraph (1)(B), as so redesignated, by 
inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 
(4) in paragraph (1)(C), as so redesignated, by 
inserting ‘‘, investigation,’’ before ‘‘or inspection’’; 
(5) in paragraph (1)(E), as so redesignated, by 
striking ‘‘or’’ after the semicolon; and 
(6) in paragraph (1)(F), as so redesignated, by 
striking ‘‘section.’’ and inserting ‘‘section; or’’. 
SEC. 112. AMENDMENTS TO THE NORTHWEST ATLANTIC 
FISHERIES CONVENTION ACT OF 1995. 
Section 207 of the Northwest Atlantic Fisheries Con-
vention Act of 1995 (16 U.S.C. 5606) is amended— 
(1) in the section heading, by striking ‘‘AND 
PENALTIES’’ 
and 
inserting 
‘‘AND
ENFORCE-
MENT’’; 
(2) in subsection (a)(2), by inserting ‘‘, inves-
tigation,’’ before ‘‘or inspection’’; 
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(3) in subsection (a)(3), by inserting ‘‘, inves-
tigation,’’ before ‘‘or inspection’’; and 
(4) by striking subsections (b) through (f) and 
inserting the following: 
‘‘(b) ADDITIONAL
PROHIBITIONS
AND
ENFORCE-
MENT.—For additional prohibitions relating to this Act 
and enforcement of this Act, see section 606 of the High 
Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826g).’’. 
SEC. 113. AMENDMENT TO THE MAGNUSON-STEVENS FISH-
ERY CONSERVATION AND MANAGEMENT ACT. 
Section 307(1)(Q) of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1857(1)(Q)) 
is amended by inserting before the semicolon the following: 
‘‘or any treaty or in contravention of any binding conserva-
tion measure adopted by an international agreement or or-
ganization to which the United States is a party’’. 
TITLE II—IMPLEMENTATION OF 
THE ANTIGUA CONVENTION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Antigua Convention 
Implementing Act of 2011’’. 
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SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 
1950. 
Except as otherwise expressly provided, whenever 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 Tuna Conventions Act of 1950 (16 
U.S.C. 951 et seq.). 
SEC. 203. DEFINITIONS. 
Section 2 (16 U.S.C. 951) is amended to read as fol-
lows: 
‘‘SEC. 2. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) ANTIGUA CONVENTION.—The term ‘Antigua 
Convention’ means the Convention for the Strength-
ening of the Inter-American Tropical Tuna Commis-
sion Established by the 1949 Convention Between the 
United States of America and the Republic of Costa 
Rica, signed at Washington, November 14, 2003. 
‘‘(2) 
COMMISSION.—The 
term 
‘Commission’ 
means the Inter-American Tropical Tuna Commis-
sion provided for by the Convention. 
‘‘(3) 
CONVENTION.—The 
term 
‘Convention’ 
means— 
‘‘(A) the Convention for the Establishment 
of an Inter-American Tropical Tuna Commis-
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sion, signed at Washington, May 31, 1949, by 
the United States of America and the Republic 
of Costa Rica; 
‘‘(B) the Antigua Convention, upon its 
entry into force for the United States, and any 
amendments thereto that are in force for the 
United States; or 
‘‘(C) both such Conventions, as the context 
requires. 
‘‘(4) PERSON.—The term ‘person’ means an in-
dividual, partnership, corporation, or association sub-
ject to the jurisdiction of the United States. 
‘‘(5) UNITED STATES.—The term ‘United States’ 
includes all areas under the sovereignty of the United 
States. 
‘‘(6) UNITED
STATES
COMMISSIONERS.—The 
term ‘United States commissioners’ means the indi-
viduals appointed in accordance with section 3(a).’’. 
SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND 
QUALIFICATIONS. 
Section 3 (16 U.S.C. 952) is amended to read as fol-
lows: 
‘‘SEC. 3. COMMISSIONERS. 
‘‘(a) COMMISSIONERS.—The United States shall be 
represented on the Commission by 4 United States Commis-
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sioners. The President shall appoint individuals to serve on 
the Commission at the pleasure of the President. In making 
the appointments, the President shall select United States 
Commissioners from among individuals who are knowledge-
able or experienced concerning highly migratory fish stocks 
in the eastern tropical Pacific Ocean, one of whom shall 
be an officer or employee of the Department of Commerce. 
Not more than 2 United States Commissioners may be ap-
pointed who reside in a State other than a State whose ves-
sels maintain a substantial fishery in the area of the Con-
vention. 
‘‘(b) ALTERNATE COMMISSIONERS.—The Secretary of 
State, in consultation with the Secretary, may designate 
from time to time and for periods of time deemed appro-
priate Alternate United States Commissioners to the Com-
mission. Any Alternate United States Commissioner may 
exercise, at any meeting of the Commission or of the Gen-
eral Advisory Committee or Scientific Advisory Sub-
committee established pursuant to section 4(b), all powers 
and duties of a United States Commissioner in the absence 
of any United States Commissioner appointed pursuant to 
subsection (a) of this section for whatever reason. The num-
ber of such Alternate United States Commissioners that 
may be designated for any such meeting shall be limited 
to the number of United States Commissioners appointed 
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pursuant to subsection (a) of this section who will not be 
present at such meeting. 
‘‘(c) ADMINISTRATIVE MATTERS.— 
‘‘(1) EMPLOYMENT STATUS.—Individuals serving 
as United States Commissioners, other than officers 
or employees of the United States Government, shall 
not be considered Federal employees except for the 
purposes of injury compensation or tort claims liabil-
ity as provided in chapter 81 of title 5, United States 
Code, and chapter 171 of title 28, United States Code. 
‘‘(2) COMPENSATION.—The United States Com-
missioners or Alternate Commissioners, although offi-
cers of the United States while so serving, shall re-
ceive no compensation for their services as United 
States Commissioners or Alternate Commissioners. 
‘‘(3) TRAVEL EXPENSES.— 
‘‘(A) The Secretary of State shall pay the 
necessary travel expenses of United States Com-
missioners and Alternate United States Commis-
sioners to meetings of the Inter-American Trop-
ical Tuna Commission and other meetings the 
Secretary of State deems necessary to fulfill their 
duties, in accordance with the Federal Travel 
Regulations and sections 5701, 5702, 5704 
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through 5708, and 5731 of title 5, United States 
Code. 
‘‘(B) The Secretary may reimburse the Sec-
retary of State for amounts expended by the Sec-
retary of State under this subsection.’’. 
SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC 
ADVISORY SUBCOMMITTEE. 
Section 4 (16 U.S.C. 953) is amended— 
(1) by striking subsection (a) and inserting the 
following: 
‘‘(a) GENERAL ADVISORY COMMITTEE.— 
‘‘(1) APPOINTMENTS; 
PUBLIC
PARTICIPATION; 
COMPENSATION.— 
‘‘(A) The Secretary, in consultation with 
the Secretary of State, shall appoint a General 
Advisory Committee which shall consist of not 
more than 25 individuals who shall be represent-
ative of the various groups concerned with the 
fisheries covered by the Convention, including 
nongovernmental 
conservation 
organizations, 
providing to the maximum extent practicable an 
equitable balance among such groups. Members 
of the General Advisory Committee will be eligi-
ble to participate as members of the United 
States delegation to the Commission and its 
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working groups to the extent the Commission 
rules and space for delegations allow. 
‘‘(B) The chair of the Pacific Fishery Man-
agement Council’s Advisory Subpanel for Highly 
Migratory Fisheries and the chair of the Western 
Pacific Fishery Management Council’s Advisory 
Committee shall be ex-officio members of the 
General Advisory Committee by virtue of their 
positions in those Councils. 
‘‘(C) Each member of the General Advisory 
Committee appointed under subparagraph (A) 
shall serve for a term of 3 years and is eligible 
for reappointment. 
‘‘(D) The General Advisory Committee shall 
be invited to attend all non-executive meetings of 
the United States delegation and at such meet-
ings shall be given opportunity to examine and 
to be heard on all proposed programs of inves-
tigation, reports, recommendations, and regula-
tions of the Commission. 
‘‘(E) The General Advisory Committee shall 
determine its organization, and prescribe its 
practices and procedures for carrying out its 
functions under this title, the Magnuson-Stevens 
Fishery Conservation and Management Act (16 
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U.S.C. 1801 et seq.), and the Convention. The 
General Advisory Committee shall publish and 
make available to the public a statement of its 
organization, practices and procedures. Meetings 
of the General Advisory Committee, except when 
in executive session, shall be open to the public, 
and prior notice of meetings shall be made pub-
lic in timely fashion. The General Advisory 
Committee shall not be subject to the Federal Ad-
visory Committee Act (5 U.S.C. App.). 
‘‘(2) INFORMATION
SHARING.—The Secretary 
and the Secretary of State shall furnish the General 
Advisory Committee with relevant information con-
cerning fisheries and international fishery agree-
ments. 
‘‘(3) ADMINISTRATIVE MATTERS.— 
‘‘(A) The Secretary shall provide to the 
General Advisory Committee in a timely manner 
such administrative and technical support serv-
ices as are necessary for its effective functioning. 
‘‘(B) Individuals appointed to serve as a 
member of the General Advisory Committee— 
‘‘(i) shall serve without pay, but while 
away from their homes or regular places of 
business to attend meetings of the General 
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Advisory Committee shall be allowed travel 
expenses, including per diem in lieu of sub-
sistence, in the same manner as persons em-
ployed intermittently in the Government 
service are allowed expenses under section 
5703 of title 5, United States Code; and 
‘‘(ii) shall not be considered Federal 
employees except for the purposes of injury 
compensation or tort claims liability as 
provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, 
United States Code.’’; 
(2) by striking so much of subsection (b) as pre-
cedes paragraph (2) and inserting the following: 
‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—(1) The 
Secretary, in consultation with the Secretary of State, shall 
appoint a Scientific Advisory Subcommittee of not less than 
5 nor more than 15 qualified scientists with balanced rep-
resentation from the public and private sectors, including 
nongovernmental conservation organizations.’’; and 
(3) in subsection (b)(3), by striking ‘‘General 
Advisory Subcommittee’’ and inserting ‘‘General Ad-
visory Committee’’. 
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SEC. 206. RULEMAKING. 
Section 6 (16 U.S.C. 955) is amended to read as fol-
lows: 
‘‘SEC. 6. RULEMAKING. 
‘‘(a) REGULATIONS.—The Secretary, in consultation 
with the Secretary of State and, with respect to enforcement 
measures, the Secretary of the Department in which the 
Coast Guard is operating, may promulgate such regulations 
as may be necessary to carry out the United States inter-
national obligations under the Convention and this Act, in-
cluding recommendations and decisions adopted by the 
Commission. In cases where the Secretary has discretion in 
the implementation of one or more measures adopted by the 
Commission that would govern fisheries under the authority 
of a Regional Fishery Management Council, the Secretary 
may, to the extent practicable within the implementation 
schedule of the Convention and any recommendations and 
decisions adopted by the Commission, promulgate such reg-
ulations as may be necessary to carry out the United States 
international obligations under the Convention and this 
Act, in accordance with the procedures established by the 
Magnuson-Stevens Fishery Conservation and Management 
Act (16 U.S.C. 1801 et seq.). 
‘‘(b) JURISDICTION.—The Secretary may promulgate 
regulations as may be necessary to carry out the United 
States international obligations under the Convention and 
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this Act, applicable to all vessels and persons subject to the 
jurisdiction of the United States, including United States 
flag vessels wherever they may be operating, on such date 
as the Secretary shall prescribe.’’. 
SEC. 207. PROHIBITED ACTS. 
Section 8 (16 U.S.C. 957) is amended— 
(1) by striking ‘‘section 6(c) of this Act’’ each 
place it appears and inserting ‘‘section 6’’; and 
(2) by adding at the end the following: 
‘‘(i) ADDITIONAL
PROHIBITIONS
AND
ENFORCE-
MENT.—For prohibitions relating to this Act and enforce-
ment of this Act, see section 606 of the High Seas Driftnet 
Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 
SEC. 208. ENFORCEMENT. 
Section 10 (16 U.S.C. 959) is amended to read as fol-
lows: 
‘‘SEC. 10. ENFORCEMENT. 
‘‘For enforcement of this Act, see section 606 of the 
High Seas Driftnet Fishing Moratorium Protection Act (16 
U.S.C. 1826g).’’. 
SEC. 209. REDUCTION OF BYCATCH. 
Section 15 (16 U.S.C. 962) is amended by striking 
‘‘vessel’’ and inserting ‘‘vessels’’. 
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SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING 
ACT OF 1984. 
The Eastern Pacific Tuna Licensing Act of 1984 (16 
U.S.C. 972 et seq.) is repealed. 
TITLE III—AGREEMENT ON PORT 
STATE MEASURES TO PRE-
VENT, DETER AND ELIMINATE 
ILLEGAL, UNREPORTED AND 
UNREGULATED FISHING 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Port State Measures 
Agreement Act of 2014’’. 
SEC. 302. PURPOSE. 
The purpose of this title is to implement the Agreement 
on Port State Measures to Prevent, Deter and Eliminate 
Illegal, Unreported and Unregulated Fishing. 
SEC. 303. DEFINITIONS. 
As used in this title: 
(1) The term ‘‘Agreement’’ means the Agreement 
on Port State Measures to Prevent, Deter and Elimi-
nate Illegal, Unreported and Unregulated Fishing, 
done at the Food and Agriculture Organization of the 
United Nations, in Rome, Italy, November 22, 2009, 
and signed by the United States November 22, 2009. 
(2) The term ‘‘IUU fishing’’ means any activity 
set out in paragraph 3 of the 2001 FAO International 
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Plan of Action to Prevent, Deter and Eliminate Ille-
gal, Unreported and Unregulated Fishing. 
(3) The term ‘‘listed IUU vessel’’ means a vessel 
that is included in a list of vessels having engaged in 
IUU fishing or fishing-related activities in support of 
IUU fishing that has been adopted by a regional fish-
eries management organization of which the United 
States is a member, or a list adopted by a regional 
fisheries management organization of which the 
United States is not a member if the Secretary deter-
mines the criteria used by that organization to create 
the IUU list is comparable to United States criteria 
for identifying IUU vessels and activities. 
(4) The term ‘‘Magnuson-Stevens Act’’ means the 
Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.). 
(5) The term ‘‘person’’ has the same meaning as 
that term has in section 3 of the Magnuson-Stevens 
Act (16 U.S.C. 1802). 
(6) The term ‘‘RFMO’’ means a regional fish-
eries management organization. 
(7) The term ‘‘Secretary’’ means the Secretary of 
Commerce or his or her designee. 
(8) The term ‘‘vessel’’ means any vessel, ship of 
another type, or boat used for, equipped to be used 
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for, or intended to be used for, fishing or fishing-re-
lated activities, including container vessels that are 
carrying fish that have not been previously landed. 
(9) The term ‘‘fish’’ means finfish, mollusks, 
crustaceans, and all other forms of marine animal 
and plant life other than marine mammals and birds. 
(10) The term ‘‘fishing’’— 
(A) except as provided in subparagraph 
(B), means— 
(i) the catching, taking, or harvesting 
of fish; 
(ii) the attempted catching, taking, or 
harvesting of fish; 
(iii) any other activity which can rea-
sonably be expected to result in the catch-
ing, taking, or harvesting of fish; or 
(iv) any operations at sea in support 
of, or in preparation for, any activity de-
scribed in clauses (i) through (iii). 
(B) does not include any scientific research 
activity that is conducted by a scientific research 
vessel. 
SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY. 
(a) REGULATIONS.—The Secretary may, as needed, 
promulgate such regulations, in accordance with section 
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553 of title 5, United States Code, and consistent with the 
provisions of this title, as may be necessary to carry out 
the purposes of this title to the extent that such regulations 
are not already promulgated. 
(b) CONSULTATION; UTILIZATION OF EXISTING RE-
PORTING MECHANISMS.—In promulgating regulations, pro-
cedures, and guidance pursuant to subsection (a), the Sec-
retary shall consult with the Secretary of State and the Sec-
retary of the department in which the Coast Guard is oper-
ating. To the maximum extent possible and subject to the 
data confidentiality provisions in section 402 of the Magnu-
son-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1881a), such procedures shall utilize existing report-
ing mechanisms maintained and operated by the depart-
ment in which the Coast Guard is operating. 
(c) PORTS OF ENTRY.—The Secretary, in consultation 
with the Secretary of Homeland Security and, when the 
Coast Guard is not operating in the Department of Home-
land Security, the Secretary of the department in which 
the Coast Guard is operating, may designate and publicize 
the ports to which vessels may seek entry. No port may be 
designated under this section that has not also been des-
ignated as a port of entry for customs reporting purposes 
pursuant to section 1433 of title 19, United States Code, 
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or that is not specified under an existing international fish-
eries agreement. 
(d) NOTIFICATION.—The Secretary shall provide noti-
fication of the denial of port entry or the use of port services 
for a vessel under section 305, the withdrawal of the denial 
of port services for a vessel, the taking of enforcement action 
pursuant to section 306 with respect to a vessel, or the re-
sults of any inspection of a vessel conducted pursuant to 
this title to the flag nation of the vessel and, as appropriate, 
to the nation of which the vessel’s master is a national, rel-
evant coastal nations, RFMOs, the Food and Agriculture 
Organization of the United Nations, and other relevant 
international organizations. 
(e) CONFIRMATION THAT FISH WERE TAKEN IN AC-
CORDANCE WITH CONSERVATION AND MANAGEMENT MEAS-
URES.—The Secretary may request confirmation from the 
flag state of a vessel that the fish on board a vessel in a 
port subject to the jurisdiction of the United States were 
taken in accordance with applicable RFMO conservation 
and management measures. 
SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY. 
(a) SUBMISSION OF INFORMATION REQUIRED UNDER 
AGREEMENT.—All foreign vessels seeking entry to a port 
subject to the jurisdiction of the United States must submit 
to the Secretary of the department in which the Coast 
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Guard is operating information as required under the 
Agreement in advance of its arrival in port. 
(b) DECISION
TO
AUTHORIZE
OR
DENY
PORT 
ENTRY.—The Secretary shall decide, based on the informa-
tion submitted under subsection (a), whether to authorize 
or deny port entry and shall communicate this decision to 
the foreign vessel or to its representative. The Secretary may 
deny entry to— 
(1) any foreign-listed IUU vessel; or 
(2) any foreign vessel the Secretary has reason-
able grounds to believe has engaged in IUU fishing or 
fishing-related activities in support of such fishing or 
has violated the Act. 
(c) DENIAL OF USE OF PORT.—If a foreign vessel is 
in a port subject to the jurisdiction of the United States, 
the Secretary shall deny such vessel the use of the port for 
landing, transshipment, packaging and processing of fish, 
refueling, resupplying, maintenance and drydocking, if— 
(1) the vessel entered without authorization 
under subsection (b); 
(2) the vessel is a listed IUU vessel; 
(3) the flag nation of the vessel has failed to pro-
vide confirmation requested by the Secretary that the 
fish on board were taken in accordance with applica-
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ble RFMO conservation and management measures; 
or 
(4) the Secretary has reasonable grounds to be-
lieve— 
(A) the vessel lacks valid authorizations to 
engage in fishing or fishing-related activities as 
required by its flag nation or the relevant coastal 
nation; 
(B) the fish on board were taken in viola-
tion of foreign law or in contravention of any 
RFMO conservation and management measure; 
or 
(C) the vessel has engaged in IUU fishing or 
fishing-related activities in support of such fish-
ing, including in support of a listed IUU vessel, 
unless it can establish that— 
(i) it was acting in a manner con-
sistent with applicable RFMO conservation 
and management measures; or 
(ii) in the case of the provision of per-
sonnel, fuel, gear, and other supplies at sea, 
the vessel provisioned was not, at the time 
of provisioning, a listed IUU vessel. 
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(d) EXCEPTIONS.—Notwithstanding subsections (b) 
and (c), the Secretary may allow port entry or the use of 
port services— 
(1) if they are essential to the safety or health of 
the crew or safety of the vessel; 
(2) to allow, where appropriate, for the scrap-
ping of the vessel; or 
(3) pursuant to an inspection or other enforce-
ment action. 
SEC. 306. INSPECTIONS. 
The Secretary, and the Secretary of the department in 
which the Coast Guard is operating, shall conduct foreign 
vessel inspections in ports subject to the jurisdiction of the 
United States as necessary to achieve the purposes of the 
Agreement and this title. If, following an inspection, the 
Secretary has reasonable grounds to believe that a foreign 
vessel has engaged in IUU fishing or fishing-related activi-
ties in support of such fishing, the Secretary may take en-
forcement action under this title or other applicable law, 
and shall deny the vessel the use of port services, in accord-
ance with section 305. 
SEC. 307. PROHIBITED ACTS. 
It is unlawful for any person subject to the jurisdiction 
of the United States— 
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(1) to violate any provision of this title or the 
regulations issued under this title; 
(2) to refuse to permit any authorized officer to 
board, search, or inspect a vessel that is subject to the 
person’s control in connection with the enforcement of 
this title or the regulations issued under this title; 
(3) to submit false information pursuant to any 
requirement under this title or the regulations issued 
under this title; or 
(4) to commit any offense enumerated in para-
graph (4), (5), (7) or (9) of section 707(a) of the 
Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6906(a)). 
SEC. 308. ENFORCEMENT. 
(a) EXISTING
AUTHORITIES
AND
RESPONSIBIL-
ITIES.—The authorities and responsibilities under sub-
sections (a), (b), and (c) of section 311 and section 308(f) 
of the Magnuson-Stevens Act (16 U.S.C. 1861, 1858(f)) shall 
apply with respect to enforcement of this title. 
(b) CIVIL ENFORCEMENT.— 
(1) CIVIL ADMINISTRATIVE PENALTIES.— 
(A) IN GENERAL.—Any person who is found 
by the Secretary (after notice and opportunity 
for a hearing in accordance with section 554 of 
title 5, United States Code) to have committed 
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an act prohibited under section 307 shall be lia-
ble to the United States for a civil penalty. The 
amount of the civil penalty shall be consistent 
with the amount under section 308(a) of the 
Magnuson-Stevens Act (16 U.S.C. 1858(a)). 
(B) COMPROMISE
OR
OTHER
ACTION
BY 
SECRETARY.—The Secretary shall have the same 
authority as provided in section 308(e) of the 
Magnuson-Stevens Act (16 U.S.C. 1858(e)) with 
respect to a violation of this Act. 
(2) IN REM JURISDICTION.—For purposes of this 
title, the conditions for in rem liability shall be con-
sistent with section 308(d) of the Magnuson-Stevens 
Act (16 U.S.C. 1858(d)). 
(3) ACTION
UPON
FAILURE
TO
PAY
ASSESS-
MENT.—If any person fails to pay an assessment of 
a civil penalty under this title after it has become a 
final and unappealable order, or after the appro-
priate court has entered final judgment in favor of the 
Secretary, the Secretary shall refer the matter to the 
Attorney General, who shall recover the amount as-
sessed in any appropriate district court of the United 
States. In such action, the validity and appropriate-
ness of the final order imposing the civil penalty shall 
not be subject to review. 
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