(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 enforce-
ment 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.— 
(1) AUTHORITIES
AND
RESPONSIBILITIES.— 
The authorities and responsibilities under sub-
sections (a), (b), and (c) of section 311 and sub-
section (f) of section 308 of the Magnuson-Stevens 
Act (16 U.S.C. 1861, 1858) and paragraphs (2), 
(3), and (7) of section 310(b) of the Antarctic Ma-
rine Living Resources Convention Act of 1984 (16 
VerDate Sep 11 2014 
00:00 Feb 14, 2015
Jkt 049200
PO 00000
Frm 00049
Fmt 6652
Sfmt 6201
E:\BILLS\H774.IH
H774
SSpencer on DSK4SPTVN1PROD with BILLS
U.S.C. 2439(b)) shall apply with respect to enforce-
ment of this title. 
(2) INCLUDED VESSELS.—For purposes of en-
forcing this title, any reference in such paragraphs 
and subsections to a ‘‘vessel’’ or ‘‘fishing vessel’’ in-
cludes all vessels as defined in section 303(8) of this 
title. 
(3) APPLICATION
OF
OTHER
PROVISIONS.— 
Such paragraphs and subsections apply to violations 
of this title and any regulations promulgated under 
this title. 
(b) CIVIL ENFORCEMENT.— 
(1) CIVIL ADMINISTRATIVE PENALTIES.— 
(A) IN
GENERAL.—Any person who is 
found by the Secretary (after notice and oppor-
tunity for a hearing in accordance with section 
554 of title 5, United States Code) to have 
committed an act prohibited under section 307 
shall be liable 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 
VerDate Sep 11 2014 
00:52 Feb 13, 2015
Jkt 049200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H774.IH
H774
SSpencer on DSK4SPTVN1PROD with BILLS
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 
consistent with section 308(d) of the Magnuson-Ste-
vens 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 
assessed in any appropriate district court of the 
United States. In such action, the validity and ap-
propriateness of the final order imposing the civil 
penalty shall not be subject to review. 
(c) FORFEITURE.— 
(1) IN GENERAL.—Any foreign vessel (including 
its fishing gear, furniture, appurtenances, stores, 
and cargo) used, and any fish (or the fair market 
value thereof) imported or possessed in connection 
with or as result of the commission of any act pro-
hibited by section 307 of this title shall be subject 
VerDate Sep 11 2014 
00:52 Feb 13, 2015
Jkt 049200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H774.IH
H774
SSpencer on DSK4SPTVN1PROD with BILLS
to forfeiture under section 310 of the Magnuson-Ste-
vens Act (16 U.S.C. 1860). 
(2) APPLICATION OF THE CUSTOMS LAWS.—All 
provisions of law relating to seizure, summary judg-
ment, and judicial forfeiture and condemnation for 
violation of the customs laws, the disposition of the 
property forfeited or condemned or the proceeds 
from the sale thereof, the remission or mitigation of 
such forfeitures, and the compromise of claims shall 
apply to seizures and forfeitures incurred, or alleged 
to have been incurred, under the provisions of this 
title, insofar as applicable and not inconsistent with 
the provisions hereof. For seizures and forfeitures of 
property under this section by the Secretary, such 
duties as are imposed upon the customs officer or 
any other person with respect to the seizure and for-
feiture of property under the customs law may be 
performed by such officers as are designated by the 
Secretary or, upon request of the Secretary, by any 
other agency that has authority to manage and dis-
pose of seized property. 
(3) PRESUMPTION.—For the purposes of this 
section there is a rebuttable presumption that all 
fish, or components thereof, found on board a vessel 
that is used or seized in connection with a violation 
VerDate Sep 11 2014 
00:52 Feb 13, 2015
Jkt 049200
PO 00000
Frm 00052
Fmt 6652
Sfmt 6201
E:\BILLS\H774.IH
H774
SSpencer on DSK4SPTVN1PROD with BILLS
of this title (including any regulation promulgated 
under this Act) were taken, obtained, or retained as 
a result of IUU fishing or fishing-related activities 
in support of IUU fishing. 
(d) CRIMINAL ENFORCEMENT.—Any person (other 
than a foreign government agency, or entity wholly owned 
by a foreign government) who knowingly commits an act 
prohibited by section 307 of this title shall be subject to 
subsections (b) and (c) of section 309 of the Magnuson- 
Stevens Act (16 U.S.C. 1859). 
(e) PAYMENT
OF STORAGE, CARE, AND OTHER 
COSTS.—Any person assessed a civil penalty for, or con-
victed of, any violation of this title (including any regula-
tion promulgated under this title) and any claimant in a 
forfeiture action brought for such a violation, shall be lia-
ble for the reasonable costs incurred by the Secretary in 
storage, care, and maintenance of any property seized in 
connection with the violation. 
SEC. 309. INTERNATIONAL COOPERATION AND ASSIST-
ANCE. 
(a) ASSISTANCE
TO DEVELOPING NATIONS
AND 
INTERNATIONAL ORGANIZATIONS.—Consistent with exist-
ing authority and the availability of funds, the Secretary 
shall provide appropriate assistance to developing nations 
and international organizations of which such nations are 
VerDate Sep 11 2014 
00:52 Feb 13, 2015
Jkt 049200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6201
E:\BILLS\H774.IH
H774
SSpencer on DSK4SPTVN1PROD with BILLS
members to assist those nations in meeting their obliga-
tions under the Agreement. 
(b) PERSONNEL, SERVICES, EQUIPMENT, AND FA-
CILITIES.—In carrying out subsection (a), the Secretary 
may, by agreement, on a reimbursable or nonreimbursable 
basis, utilize the personnel, services, equipment, and facili-
ties of any Federal, State, local, or foreign government 
or any entity of any such government. 
SEC. 310. RELATIONSHIP TO OTHER LAWS. 
(a) IN GENERAL.—Nothing in this title shall be con-
strued to displace any requirements imposed by the cus-
toms laws of the United States or any other laws or regu-
lations enforced or administered by the Secretary of 
Homeland Security. Where more stringent requirements 
regarding port entry or access to port services exist under 
other Federal law, those more stringent requirements shall 
apply. Nothing in this title shall affect a vessel’s entry into 
port, in accordance with international law, for reasons of 
force majeure or distress. 
(b) UNITED STATES OBLIGATIONS UNDER INTER-
NATIONAL LAW.—This title shall be interpreted and ap-
plied in accordance with United States obligations under 
international law. 
Æ 
VerDate Sep 11 2014 
00:52 Feb 13, 2015
Jkt 049200
PO 00000
Frm 00054
Fmt 6652
Sfmt 6301
E:\BILLS\H774.IH
H774
SSpencer on DSK4SPTVN1PROD with BILLS