IB 
Union Calendar No. 516 
113TH CONGRESS 
2D SESSION 
H. R. 69 
[Report No. 113–685] 
To strengthen enforcement mechanisms to stop illegal, unreported, and un-
regulated fishing, to amend the Tuna Conventions Act of 1950 to imple-
ment the Antigua Convention, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 3, 2013 
Ms. BORDALLO (for herself, Mr. MARKEY, Mr. PIERLUISI, Mr. SABLAN, and 
Mrs. CHRISTENSEN) introduced the following bill; which was referred to 
the Committee on Natural Resources 
DECEMBER 22, 2014 
Additional sponsors: Mr. FARR, Mr. GRIMM, Mr. FALEOMAVAEGA, Ms. 
HANABUSA, Mr. BLUMENAUER, Mr. HUFFMAN, Mrs. CAPPS, Mr. 
LOWENTHAL, Mr. SCHIFF, Mr. THOMPSON of California, Ms. LEE of 
California, and Mr. KEATING 
DECEMBER 22, 2014 
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 January 3, 2013] 
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A BILL 
To strengthen enforcement mechanisms to stop illegal, unre-
ported, and unregulated fishing, to amend the Tuna Con-
ventions Act of 1950 to implement the Antigua Conven-
tion, and for other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Illegal, Unreported, and 
Unregulated Fishing Enforcement Act of 2014’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—STRENGTHENING FISHERIES ENFORCEMENT 
MECHANISMS 
Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium Protection 
Act. 
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement Act. 
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992. 
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985. 
Sec. 105. Amendments to the Western and Central Pacific Fisheries Convention 
Implementation Act. 
Sec. 106. Amendments to the South Pacific Tuna Act of 1988. 
Sec. 107. Amendments to the Antarctic Marine Living Resources Convention Act. 
Sec. 108. Amendments to the Atlantic Tunas Convention Act. 
Sec. 109. Amendments to the High Seas Fishing Compliance Act of 1965. 
Sec. 110. Amendments to the Dolphin Protection Consumer Information Act. 
Sec. 111. Amendments to the Northern Pacific Halibut Act of 1982. 
Sec. 112. Amendments to the Northwest Atlantic Fisheries Convention Act of 
1995. 
Sec. 113. Amendment to the Magnuson-Stevens Fishery Conservation and Man-
agement Act. 
TITLE II—IMPLEMENTATION OF THE ANTIGUA CONVENTION 
Sec. 201. Short title. 
Sec. 202. Amendment of the Tuna Conventions Act of 1950. 
Sec. 203. Definitions. 
Sec. 204. Commissioners; number, appointment, and qualifications. 
Sec. 205. General Advisory Committee and Scientific Advisory Subcommittee. 
Sec. 206. Rulemaking. 
Sec. 207. Prohibited acts. 
Sec. 208. Enforcement. 
Sec. 209. Reduction of bycatch. 
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Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984. 
TITLE III—AGREEMENT ON PORT STATE MEASURES TO PREVENT, 
DETER AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGU-
LATED FISHING 
Sec. 301. Short title. 
Sec. 302. Purpose. 
Sec. 303. Definitions. 
Sec. 304. Duties and authorities of the secretary. 
Sec. 305. Authorization or denial of port entry. 
Sec. 306. Inspections. 
Sec. 307. Prohibited acts. 
Sec. 308. Enforcement. 
Sec. 309. International cooperation and assistance. 
Sec. 310. Relationship to other laws. 
TITLE I—STRENGTHENING FISH-
ERIES ENFORCEMENT MECH-
ANISMS 
SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET 
FISHING 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 Act, 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. 
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‘‘(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.); 
‘‘(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.); 
‘‘(9) the Western and Central Pacific Fisheries 
Convention Implementation Act (16 U.S.C. 6901 et 
seq.); and 
‘‘(10) the North Pacific Halibut Act of 1982 (16 
U.S.C. 773a et seq.). 
‘‘(c) ADMINISTRATION AND ENFORCEMENT.— 
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‘‘(1) IN GENERAL.—The Secretary shall prevent 
any person from violating this Act, or any Act to 
which this section applies, in the same manner, by 
the same means, and with the same jurisdiction, pow-
ers, and duties as though sections 308 through 311 of 
the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1858 through 1861) were 
incorporated into and made a part of and applicable 
to this Act and each such Act. 
‘‘(2) INTERNATIONAL
COOPERATION.—The Sec-
retary may, subject to appropriations and in the 
course of carrying out the Secretary’s responsibilities 
under the Acts to which this section applies, engage 
in international cooperation to help other nations 
combat illegal, unreported, and unregulated fishing 
and achieve sustainable fisheries. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) 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), may enforce the provi-
sions of any Act to which this section applies, with 
the same jurisdiction, powers, and duties as though 
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section 311 of the Magnuson-Stevens Fishery Con-
servation and Management Act (16 U.S.C. 1861) were 
incorporated into and made a part of each such Act. 
‘‘(2) DISCLOSURE OF ENFORCEMENT INFORMA-
TION.—The Secretary, subject to the data confiden-
tiality provisions in section 402 of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1881a), may disclose, as necessary and appro-
priate, information, including information collected 
under joint authority of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 
1801 et seq.) and the Atlantic Tunas Convention Act 
of 1975 (16 U.S.C. 71 et seq.) or the Western and 
Central Pacific Fisheries Convention Implementation 
Act (16 U.S.C. 6901 et seq.) or other statutes imple-
menting international fishery agreements, to any 
other Federal or State government agency, the Food 
and Agriculture Organization of the United Nations, 
the secretariat or equivalent of an international fish-
ery 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 
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such information from unintended or unauthor-
ized disclosure; and 
‘‘(B) such disclosure is necessary— 
‘‘(i) to ensure compliance with any law 
or regulation enforced or administered by 
the Secretary; 
‘‘(ii) to administer or enforce any 
international fishery agreement to which the 
United States is a party; 
‘‘(iii) to administer or enforce a bind-
ing conservation measure adopted by any 
international organization or arrangement 
to which the United States is a party; 
‘‘(iv) to assist in any investigative, ju-
dicial, or administrative enforcement pro-
ceeding in the United States; or 
‘‘(v) to assist in any law enforcement 
action undertaken by a law enforcement 
agency of a foreign government, or in rela-
tion to a legal proceeding undertaken by a 
foreign government to the extent the enforce-
ment action is consistent with rules and 
regulations of a regional fishery manage-
ment organization that the United States is 
a member of, or the Secretary has deter-
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mined that the enforcement action is con-
sistent with the requirements under Federal 
law for enforcement actions with respect to 
illegal, unreported, and unregulated fishing. 
‘‘(e) PROHIBITED ACTS.—It is unlawful for any per-
son— 
‘‘(1) to violate any provision of this Act or any 
regulation or permit issued pursuant to this Act; 
‘‘(2) to refuse to permit any officer authorized to 
enforce the provisions of this Act to board, search, or 
inspect a vessel, subject to such person’s control for the 
purposes of conducting any search, investigation, or 
inspection in connection with the enforcement of this 
Act, any regulation promulgated under this Act, 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 
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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 Act 
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 
under this Act 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.—’’. 
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(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 
international fishery agreement,’’ after ‘‘organiza-
tions’’; and 
(3) adding at the end the following new sub-
sections: 
‘‘(b) DISCLOSURE OF INFORMATION.—The Secretary, 
subject to the data confidentiality provisions in section 402 
of the Magnuson-Stevens Fishery Conservation and Man-
agement Act (16 U.S.C. 1881a), may disclose, as necessary 
and appropriate, information, including information col-
lected under joint authority of the Magnuson-Stevens Fish-
ery Conservation and Management Act (16 U.S.C. 1801 et 
seq.) and the Atlantic Tunas Convention 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 agen-
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cy, the Food and Agriculture Organization of the United 
Nations, or the secretariat or equivalent of an international 
fishery management organization or arrangement made 
pursuant to an international fishery agreement, if such gov-
ernment, organization, or arrangement, respectively, has 
policies and procedures to protect such information from 
unintended or unauthorized disclosure. 
‘‘(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-
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 
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‘‘(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.’’. 
(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;’’. 
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(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.— 
(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)— 
(i) by inserting ‘‘, based on a cumu-
lative compilation and analysis of data col-
lected and provided by international fishery 
management organizations and other na-
tions and organizations,’’ after ‘‘shall’’; and 
(ii) by striking ‘‘2 years’’ and insert-
ing ‘‘3 years’’; 
(B) in paragraph (1), by inserting ‘‘that 
undermines the effectiveness of measures required 
by an international fishery management organi-
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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: 
‘‘(2) IDENTIFICATION FOR ACTIONS OF NATION.— 
Taking into account the factors described under sec-
tion 609(a)(1), the Secretary shall also identify, and 
list in such report, a nation— 
‘‘(A) if it is violating, or has violated at 
any point during the preceding three years, con-
servation and management measures required 
under an international fishery management 
agreement to which the United States is a party 
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and the violations undermine the effectiveness of 
such measures; or 
‘‘(B) if it is failing, or has failed in the pre-
ceding 3-year period, to effectively address or 
regulate illegal, unreported, or unregulated fish-
ing in areas described under paragraph (1)(B). 
‘‘(3) APPLICATION TO OTHER ENTITIES.—Where 
the provisions of this Act are applicable to nations, 
they shall also be applicable, as appropriate, to other 
entities that have competency to enter into inter-
national fishery management agreements.’’. 
(3) PERIOD OF FISHING PRACTICES SUPPORTING 
IDENTIFICATION.—Section 610(a)(1) of such Act (16 
U.S.C. 1826k(a)(1)) is amended by striking ‘‘calendar 
year’’ and inserting ‘‘three years’’. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary of Commerce 
$450,000 for each of fiscal years 2015 through 2019 to im-
plement the amendments made by subsections (b) and (g). 
(i) TECHNICAL CORRECTIONS.— 
(1) Section 607(2) of such Act (16 U.S.C. 
1826h(2)) is amended by striking ‘‘whose vessels’’ and 
inserting ‘‘that’’. 
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(2) Section 609(d)(1) of such Act (16 U.S.C. 
1826j(d)(1)) is amended by striking ‘‘of its fishing 
vessels’’. 
(3) Section 609(d)(1)(A) of such Act (16 U.S.C. 
1826j(d)(1)(A)) is amended by striking ‘‘of its fishing 
vessels’’. 
(4) Section 609(d)(2) of such Act (16 U.S.C. 
1826j(d)(2)) is amended— 
(A) by striking ‘‘for certification’’ and in-
serting ‘‘to authorize’’; 
(B) by inserting ‘‘the importation’’ after 
‘‘or other basis’’; 
(C) by striking ‘‘harvesting’’; and 
(D) by striking ‘‘not certified under para-
graph (1)’’ and inserting ‘‘issued a negative cer-
tification under paragraph (1)’’. 
(5) Section 610 of such Act (16 U.S.C. 1826k) is 
amended as follows: 
(A) In subsection (a)(1), by striking ‘‘prac-
tices;’’ and inserting ‘‘practices—’’. 
(B) In subsection (c)(4), by striking all pre-
ceding subparagraph (B) and inserting the fol-
lowing: 
‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary 
may establish a procedure to authorize, on a ship-
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ment-by-shipment, shipper-by-shipper, or other basis 
the importation of fish or fish products from a vessel 
of a nation issued a negative certification under 
paragraph (1) if the Secretary determines that such 
imports were harvested by practices that do not result 
in bycatch of a protected marine species, or were har-
vested by practices that— 
‘‘(A) are comparable to those of the United 
States, taking into account different conditions; 
and’’. 
SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET 
FISHERIES ENFORCEMENT ACT. 
(a) NEGATIVE CERTIFICATION EFFECTS.—Section 101 
of the High Seas Driftnet Fisheries Enforcement Act (16 
U.S.C. 1826a) is amended— 
(1) in subsection (a)(2), by striking ‘‘recognized 
principles of’’ after ‘‘in accordance with’’; 
(2) in subsection (a)(2)(A), by inserting ‘‘or, as 
appropriate, for fishing vessels of a nation that re-
ceives a negative certification under section 609(d) or 
section 610(c) of the High Seas Driftnet Fishing Mor-
atorium Protection Act (16 U.S.C. 1826)’’ after ‘‘(1)’’; 
(3) in subsection (a)(2)(B), by inserting before 
the period the following: ‘‘, except for the purposes of 
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inspecting such vessel, conducting an investigation, or 
taking other appropriate enforcement action’’; 
(4) in subsection (b)(1)(A)(i), by striking ‘‘or il-
legal, unreported, or unregulated fishing’’ after 
‘‘driftnet fishing’’; 
(5) in subsection (b)(1)(B) and subsection (b)(2), 
by striking ‘‘or illegal, unreported, or unregulated 
fishing’’ after ‘‘driftnet fishing’’ each place it appears; 
(6) in subsection (b)(3)(A)(i), by inserting ‘‘or a 
negative certification under section 609(d) or section 
610(c) of the High Seas Driftnet Fishing Moratorium 
Protection Act (16 U.S.C. 1826j(d), 1826k(c))’’ after 
‘‘(1)(A)’’; 
(7) in subsection (b)(4)(A), by inserting ‘‘or 
issues a negative certification under section 609(d) or 
section 610(c) of the High Seas Driftnet Fishing Mor-
atorium 
Protection 
Act 
(16 
U.S.C. 
1826j(d), 
1826k(c))’’ after ‘‘paragraph (1)’’; 
(8) in subsection (b)(4)(A)(i), by striking ‘‘or il-
legal, unreported, or unregulated fishing’’ after 
‘‘driftnet fishing’’; and 
(9) in subsection (b)(4)(A)(i), by inserting ‘‘, or 
to address the offending activities for which a nation 
received a negative certification under section 609(d) 
or 610(c) of the High Seas Driftnet Fishing Morato-
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