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 Pro-
tection 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 oth-
erwise, 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 sec-
tion 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 
Convention 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 Conven-
tion 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 
Secretary shall prevent any person from violating this 
title, or any Act to which this section applies, in the same 
manner, by the same means, and with the same jurisdic-
tion, powers, 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 in-
corporated 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-
nuson-Stevens Fishery Conservation and Manage-
ment Act under subsection (c), if there is a conflict 
between a provision of this subsection and the cor-
responding provision of any section of the Magnu-
son-Stevens Fishery Conservation and Management 
Act so incorporated, the provision of this subsection 
shall apply. 
‘‘(2) ADDITIONAL
ENFORCEMENT
AUTHOR-
ITY.—In addition to the powers of officers author-
ized pursuant to subsection (c), any officer who is 
authorized by the Secretary, or the head of any Fed-
eral or State agency that has entered into an agree-
ment with the Secretary under subsection (a), to en-
force the provisions of any Act to which this section 
applies may, with the same jurisdiction, powers, and 
duties as though section 311 of the Magnuson-Ste-
vens 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 
storage, processing, transport, or trade of fish 
or fish products;
‘‘(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 
proceeds therefrom for a period of up to 5 days; 
‘‘(D) make an arrest, in accordance with 
any guidelines which may be issued by the At-
torney 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 per-
son has reasonable grounds to believe that the 
person to be arrested has committed or is com-
mitting 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, ar-
rest warrant, search warrant issued in accord-
ance with rule 41 of the Federal Rules of
Criminal Procedure, or other warrant or civil or 
criminal process issued by any officer or court 
of competent jurisdiction. 
‘‘(3) DISCLOSURE OF ENFORCEMENT INFORMA-
TION.—The Secretary may disclose, as necessary 
and appropriate, information, including information 
collected under joint authority of the Magnuson-Ste-
vens 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.) or the 
Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901 et seq.) or 
other statutes implementing international fishery 
agreements, to any other Federal or State govern-
ment agency, the Food and Agriculture Organization 
of the United Nations, 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 pro-
tect such information from unintended or unau-
thorized 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. 
‘‘(e) PROHIBITED ACTS.—It is unlawful for any per-
son— 
‘‘(1) to violate any provision of this title or any 
regulation or permit issued pursuant to this title; 
‘‘(2) to refuse to permit any officer authorized 
to enforce the provisions of this title to board, 
search, or inspect a vessel, aircraft, vehicle, or shore-
side facility 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 regulation 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 of-
ficer in the conduct of any search, investigation, or 
inspection 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 com-
mitted 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 
contract to any person to carry out responsibil-