IIB 
118TH CONGRESS 
2D SESSION 
H. R. 1792 
IN THE SENATE OF THE UNITED STATES 
APRIL 10, 2024 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To amend the South Pacific Tuna Act of 1988, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘South Pacific Tuna Treaty Act of 2023’’. 
(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 of 1988. 
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. 2. AMENDMENT OF SOUTH PACIFIC TUNA ACT OF 1988. 
Except as otherwise expressly provided, wherever in 
this Act an amendment or repeal is expressed in terms 
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a 
section or other provision of the South Pacific Tuna Act 
of 1988 (16 U.S.C. 973 et seq.). 
SEC. 3. DEFINITIONS. 
(a) APPLICABLE NATIONAL LAW.—Section 2(4) (16 
U.S.C. 973(4)) is amended by striking ‘‘described in para-
graph 1(a) of Annex I of’’ and inserting ‘‘noticed and in 
effect in accordance with’’. 
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(b) CLOSED AREA.—Section 2(5) (16 U.S.C. 973(5)) 
is amended by striking ‘‘of the closed areas identified in 
Schedule 2 of Annex I of’’ and inserting ‘‘area within the 
jurisdiction of a Pacific Island Party that is closed to ves-
sels pursuant to a national law of that Pacific Island Party 
and is noticed and in effect in accordance with’’. 
(c) FISHING.—Section 2(6) (16 U.S.C. 973(6)) is 
amended— 
(1) in subparagraph (C), by inserting ‘‘for any 
purpose’’ after ‘‘harvesting of fish’’; and 
(2) by amending subparagraph (F) to read as 
follows: 
‘‘(F) use of any other vessel, vehicle, air-
craft, or hovercraft, for any activity described 
in this paragraph except for emergencies involv-
ing the health or safety of the crew or the safe-
ty of a vessel.’’. 
(d) FISHING VESSEL.—Section 2(7) (16 U.S.C. 
973(7)) is amended by striking ‘‘commercial fishing’’ and 
inserting ‘‘commercial purse seine fishing for tuna’’. 
(e) LICENSING AREA.—Section 2(8) (16 U.S.C. 
973(8)) is amended by striking ‘‘in the Treaty Area’’ and 
all that follows and inserting ‘‘under the jurisdiction of 
a Pacific Island Party, except for internal waters, terri-
torial seas, archipelagic waters, and any Closed Area.’’. 
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(f) LIMITED AREA; PARTY; TREATY AREA.—Section 
2 (16 U.S.C. 973) is amended— 
(1) by striking paragraphs (10), (13), and (18); 
(2) by redesignating paragraphs (11) and (12) 
as paragraphs (10) and (11), respectively; 
(3) by redesignating paragraph (14) as para-
graph (12); and 
(4) by redesignating paragraphs (15) through 
(17) as paragraphs (14) through (16), respectively. 
(g) REGIONAL TERMS AND CONDITIONS.—Section 2 
(16 U.S.C. 973) is amended by inserting after paragraph 
(12), as so redesignated, the following: 
‘‘(13) The term ‘regional terms and conditions’ 
means any of the terms or conditions attached by 
the Administrator to the license issued by the Ad-
ministrator, as notified by the Secretary.’’. 
SEC. 4. PROHIBITED ACTS. 
(a) IN GENERAL.—Section 5(a) (16 U.S.C. 973c(a)) 
is amended— 
(1) by striking ‘‘Except as provided in section 
6 of this Act, it’’ at the beginning and inserting 
‘‘It’’; 
(2) by striking paragraphs (3) and (4); 
(3) by redesignating paragraphs (5) through 
(13) as paragraphs (3) through (11), respectively; 
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(4) in paragraph (3), as so redesignated, by in-
serting ‘‘, except in accordance with an agreement 
pursuant to the Treaty’’ after ‘‘Closed Area’’; 
(5) in paragraph (10), as so redesignated, by 
striking ‘‘or’’ at the end; 
(6) in paragraph (11), as so redesignated, by 
striking the period at the end and inserting a semi-
colon; and 
(7) by adding at the end the following: 
‘‘(12) to violate any of the regional terms and 
conditions; or 
‘‘(13) to violate any limit on authorized fishing 
effort or catch.’’. 
(b) IN
THE LICENSING AREA.—Section 5(b) (16 
U.S.C. 973c(b)) is amended— 
(1) by striking ‘‘Except as provided in section 
6 of this Act, it’’ and inserting ‘‘It’’; 
(2) by striking paragraph (5); and 
(3) by redesignating paragraphs (6) and (7) as 
paragraphs (5) and (6), respectively. 
SEC. 5. EXCEPTIONS. 
Section 6 (16 U.S.C. 973d) is repealed. 
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SEC. 6. CRIMINAL OFFENSES. 
Section 7(a) (16 U.S.C. 973e(a)) is amended by 
striking ‘‘section 5(a) (8), (10), (11), or (12)’’ and insert-
ing ‘‘paragraphs (6), (8), (9), or (10) of section 5(a)’’. 
SEC. 7. CIVIL PENALTIES. 
(a) DETERMINATION OF LIABILITY; AMOUNT; PAR-
TICIPATION BY SECRETARY OF STATE IN ASSESSMENT 
PROCEEDING.—Section 8(a) (16 U.S.C. 973f(a)) is 
amended— 
(1) by striking ‘‘Code’’ after ‘‘liable to the 
United States’’; and 
(2) by striking ‘‘Except for those acts prohib-
ited by section 5(a) (4), (5), (7), (8), (10), (11), and 
(12), and section 5(b) (1), (2), (3), and (7) of this 
Act, the’’ and inserting ‘‘The’’. 
(b) WAIVER
OF REFERRAL
TO ATTORNEY GEN-
ERAL.—Section 8(g) (16 U.S.C. 973f(g)) is amended— 
(1) by striking ‘‘section 5(a)(1), (2), (3), (4), 
(5), (6), (7), (8), (9), or (13)’’ and inserting ‘‘para-
graphs (1), (2), (3), (4), (5), (6), (7), (11), (12), or 
(13) of section 5(a)’’; and 
(2) in paragraph (2), by striking ‘‘, all Limited 
Areas closed to fishing,’’ after ‘‘outside of the Li-
censing Area’’. 
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‘‘(1) the application is not in accordance with 
the Treaty or the procedures established by the Sec-
retary; or 
‘‘(2) the owner or charterer— 
‘‘(A) is the subject of proceedings under 
the bankruptcy laws of the United States, un-
less reasonable financial assurances have been 
provided to the Secretary; 
‘‘(B) has not established to the satisfaction 
of the Secretary that the fishing vessel is fully 
insured against all risks and liabilities normally 
provided in maritime liability insurance; or 
‘‘(C) has not paid any penalty which has 
become final, assessed by the Secretary in ac-
cordance with this Act.’’; and 
(4) in subsection (g), as so redesignated— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) chapter 12113 of title 46, United States 
Code;’’; 
(B) in paragraph (2), by inserting ‘‘of 
1972’’ after ‘‘Marine Mammal Protection Act’’; 
(C) in paragraph (3), by inserting ‘‘of 
1972’’ after ‘‘Marine Mammal Protection Act’’; 
and 
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(D) in the matter that follows paragraph 
(3), by striking ‘‘any vessel documented’’ and 
all that follows and inserting the following: 
‘‘any vessel documented under the laws of the United 
States as of the date of enactment of the Fisheries Act 
of 1995 for which a license has been issued under sub-
section (a) may fish for tuna in the Licensing Area, and 
on the high seas and in waters subject to the jurisdiction 
of the United States west of 146° west longitude and east 
of 129.5° east longitude in accordance with international 
law, subject to the provisions of the Treaty, this Act, and 
other applicable law, provided that no such vessel inten-
tionally deploys a purse seine net to encircle any dolphin 
or other marine mammal in the course of fishing.’’. 
SEC. 9. ENFORCEMENT. 
(a) NOTICE REQUIREMENTS
TO PACIFIC ISLAND 
PARTY CONCERNING INSTITUTION
AND OUTCOME
OF 
LEGAL
PROCEEDINGS.—Section 10(c)(1) (16 U.S.C. 
973h(c)(1)) is amended— 
(1) by striking ‘‘paragraph 8 of Article 4 of’’; 
and 
(2) by striking ‘‘Article 10 of’’. 
(b) SEARCHES AND SEIZURES BY AUTHORIZED OF-
FICERS; LIMITATIONS ON POWER.—Section 10(d)(1)(A) 
(16 U.S.C. 973h(d)(1)(A)) is amended— 
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(1) in clause (ii), by striking ‘‘or’’ at the end; 
and 
(2) in clause (iii), by adding ‘‘or’’ at the end. 
SEC. 10. FINDINGS BY SECRETARY. 
(a) ORDER TO LEAVE WATERS UPON FAILURE TO 
SUBMIT TO JURISDICTION OF PACIFIC ISLAND PARTY; 
PROCEDURE APPLICABLE.—Section 11(a) (16 U.S.C. 
973i(a)) is amended— 
(1) by striking ‘‘, all Limited Areas,’’; 
(2) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘paragraph 2 of Article 3 of’’; and 
(B) in subparagraph (C), by striking 
‘‘within the Treaty Area’’ and inserting ‘‘under 
the jurisdiction’’; and 
(3) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘sec-
tion 5 (a)(4), (a)(5), (b)(2), or (b)(3)’’ and in-
serting ‘‘paragraph (4) of section 5(a) or para-
graphs (2) or (3) of section 5(b)’’; 
(B) in subparagraph (B), by striking ‘‘(7)’’ 
and inserting ‘‘(6)’’; and 
(C) in subparagraph (C), by striking ‘‘(7)’’ 
and inserting ‘‘(6)’’. 
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(b) ORDER OF VESSEL TO LEAVE WATERS WHERE 
PACIFIC ISLAND PARTY INVESTIGATING ALLEGED TREA-
TY INFRINGEMENT.—Section 11(b) (16 U.S.C. 973i(b)) is 
amended by striking ‘‘paragraph 7 of Article 5 of’’. 
SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF IN-
FORMATION. 
Section 12 (16 U.S.C. 973j) is amended to read as 
follows: 
‘‘SEC. 12. REPORTING. 
‘‘(a) PROHIBITED DISCLOSURE OF CERTAIN INFOR-
MATION.—The Secretary shall keep confidential and may 
not disclose the following information, except in accord-
ance with subsection (b): 
‘‘(1) Information provided to the Secretary by 
the Administrator that the Administrator has des-
ignated confidential. 
‘‘(2) Information collected by observers. 
‘‘(3) Information submitted to the Secretary by 
any person in compliance with the requirements of 
this Act. 
‘‘(b) PERMITTED DISCLOSURE OF CERTAIN INFOR-
MATION.—The Secretary may disclose information de-
scribed in subsection (a)— 
‘‘(1) if disclosure is ordered by a court; 
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‘‘(2) if the information is used by a Federal em-
ployee— 
‘‘(A) for enforcement; or 
‘‘(B) in support of the homeland and na-
tional security missions of the Coast Guard as 
defined in section 888 of the Homeland Secu-
rity Act of 2002 (6 U.S.C. 468); 
‘‘(3) if the information is used by a Federal em-
ployee or an employee of the Fishery Management 
Council for Treaty administration or fishery man-
agement and monitoring; 
‘‘(4) to the Administrator, in accordance with 
the requirements of the Treaty and this Act; 
‘‘(5) to the secretariat or equivalent of an inter-
national fisheries management organization of which 
the United States is a member, in accordance with 
the requirements or decisions of such organization, 
and insofar as possible, in accordance with an agree-
ment that prevents public disclosure of the identity 
of any person that submits such information; 
‘‘(6) if the Secretary has obtained written au-
thorization from the person providing such informa-
tion, and disclosure does not violate other require-
ments of this Act; or 
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‘‘(7) in an aggregate or summary form that 
does not directly or indirectly disclose the identity of 
any person that submits such information.’’. 
SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS. 
Section 13 (16 U.S.C. 973k) is amended by striking 
‘‘. In particular, the boom shall be lowered’’ and all that 
follows and inserting ‘‘and in accordance with any require-
ments established by the Secretary.’’. 
SEC. 13. OBSERVERS. 
Section 14 (16 U.S.C. 973l) is repealed. 
SEC. 14. TECHNICAL ASSISTANCE. 
Section 15 (16 U.S.C. 973m) is amended to read as 
follows: 
‘‘SEC. 15. TECHNICAL ASSISTANCE. 
‘‘The Secretary and the Secretary of State may pro-
vide assistance to a Pacific Island Party to benefit such 
Pacific Island Party from the development of fisheries re-
sources and the operation of fishing vessels that are li-
censed pursuant to the Treaty, including— 
‘‘(1) technical assistance; 
‘‘(2) training and capacity building opportuni-
ties; 
‘‘(3) facilitation of the implementation of pri-
vate sector activities or partnerships; and 
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‘‘(4) other activities as determined appropriate 
by the Secretary and the Secretary of State.’’. 
SEC. 15. ARBITRATION. 
Section 16 (16 U.S.C. 973n) is amended— 
(1) by striking ‘‘Article 6 of’’ after ‘‘arbitral tri-
bunal under’’; and 
(2) by striking ‘‘paragraph 3 of that Article’’, 
and inserting ‘‘the Treaty, shall determine the loca-
tion of the arbitration’’. 
SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, 
AND OTHER MONEYS. 
Section 17 (16 U.S.C. 973o) is amended by striking 
‘‘Article 4 of’’. 
SEC. 17. ADDITIONAL AGREEMENTS. 
Section 18 (16 U.S.C. 973p) is amended by striking 
‘‘Within 30 days after’’ and all that follows and inserting 
‘‘The Secretary may establish procedures for review of any 
agreements for additional fishing access entered into pur-
suant to the Treaty.’’. 
Passed the House of Representatives April 9, 2024. 
Attest: 
KEVIN F. MCCUMBER, 
Clerk. 
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