II 
111TH CONGRESS 
1ST SESSION H. R. 1080 
IN THE SENATE OF THE UNITED STATES 
SEPTEMBER 23, 2009 
Received; read twice and referred to the Committee on Commerce, Science, 
and Transportation 
AN ACT 
To strengthen enforcement mechanisms to stop illegal, 
unreported, and unregulated fishing, 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. 
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.); 
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‘‘(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-
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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; 
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‘‘(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 
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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— 
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‘‘(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-
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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-
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ities under this title 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.— 
’’. 
(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, 
inserting ‘‘, or arrangements made pursuant to an 
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international fishery agreement,’’ after ‘‘organiza-
tions’’; and 
(3) adding at the end the following new sub-
sections: 
‘‘(b) DISCLOSURE OF INFORMATION.—The Secretary 
may disclose, as necessary and appropriate, information, 
including information collected under joint authority of 
the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.) and the Atlantic Tunas 
Convention Act of 1975 (16 U.S.C. 71 et seq.), the West-
ern and Central Pacific Fisheries Convention Implementa-
tion Act (16 U.S.C. 6901 et seq.), any other statute imple-
menting an international fishery agreement, to any other 
Federal or State government agency, the Food and Agri-
culture Organization of the United Nations, or the secre-
tariat or equivalent of an international fishery manage-
ment organization or arrangement made pursuant to an 
international fishery agreement, if such government, orga-
nization, 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-
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tivities in support of illegal, unreported, or unregu-
lated fishing, including vessels or vessel owners iden-
tified by an international fishery management orga-
nization 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 
‘‘(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 agree-
ments and trade agreements. 
‘‘(d) REGULATIONS.—The Secretary may promulgate 
regulations to implement this section.’’. 
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‘‘(2) IDENTIFICATION
FOR
ACTIONS
OF
NA-
TION.—Taking into account the factors described 
under section 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 and the violations undermine the effec-
tiveness of such measures; or 
‘‘(B) if it is failing, or has failed at any 
point during the preceding three years, to effec-
tively address or regulate illegal, unreported, or 
unregulated fishing 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 
international fishery management agreements.’’. 
(3) PERIOD
OF
FISHING
PRACTICES
SUP-
PORTING
IDENTIFICATION.—Section 610(a)(1) of 
such Act (16 U.S.C. 1826k(a)(1)) is amended by 
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striking ‘‘calendar year’’ and replacing with ‘‘three 
years’’. 
(h) AUTHORIZATION OF APPROPRIATIONS.— 
(1) Section 609(f) of such Act (16 U.S.C. 
1826j) is amended by— 
(A) striking ‘‘2007’’ and inserting ‘‘2010’’; 
and 
(B) striking ‘‘2013’’ and inserting ‘‘2015’’. 
(2) Section 610(f) of such Act (16 U.S.C. 
1826k) is amended by— 
(A) striking ‘‘2007’’ and inserting ‘‘2010’’; 
and 
(B) striking ‘‘2013’’ and inserting ‘‘2015’’. 
(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’’. 
(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— 
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(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)(1)(A), by striking ‘‘, 
and which, in the case of pelagic longline fish-
ing, includes mandatory use of circle hooks, 
careful handling and release equipment, and 
training and observer programs’’. 
(C) In subsection (c)(4), by striking all 
preceding subparagraph (B) and inserting the 
following: 
‘‘(4) ALTERNATIVE
PROCEDURE.—The Sec-
retary may establish a procedure to authorize, on a 
shipment-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 
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under paragraph (1) if the Secretary determines 
that such imports were harvested by practices that 
do not result in bycatch of a protected marine spe-
cies, or were harvested by practices that— 
‘‘(A) are comparable to those of the United 
States, taking into account different conditions; 
and’’. 
SEC. 3. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISH-
ERIES 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 
Moratorium 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 inspecting such vessel, conducting an investiga-
tion, or taking other appropriate enforcement ac-
tion’’; 
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(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 unregu-
lated 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 sec-
tion 610(c) of the High Seas Driftnet Fishing Mora-
torium 
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 
Moratorium 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-
rium 
Protection 
Act 
(16 
U.S.C. 
1826j(d), 
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1826k(c))’’ after ‘‘beyond the exclusive economic 
zone of any nation’’. 
(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 of-
fending 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 pe-
riod at the end. 
SEC. 4. AMENDMENTS TO THE TUNA CONVENTIONS ACT OF 
1950. 
Section 8 of the Tuna Conventions Act of 1950 (16 
U.S.C. 957) is amended— 
(1) in subsection (a) by striking ‘‘knowingly’’; 
(2) by striking subsections (d) through (g) and 
inserting the following: 
‘‘(d) 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 
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and chapter 171 of title 28, United States 
Code.’’; 
(4) 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 
(5) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) 
by striking ‘‘suspension, on’’ and inserting ‘‘suspen-
sion, of’’. 
SEC. 8. 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 
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Driftnet Fishing Moratorium Protection Act (16 U.S.C. 
1826g).’’. 
SEC. 9. AMENDMENTS TO THE ANTARCTIC MARINE LIVING 
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’’; 
(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 
sub-
sections (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 
implement any conservation measure for which the 
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Secretary 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 
allotted for objections under Article IX of the 
Convention. 
‘‘(2) ENTERING INTO FORCE.—Upon publica-
tion of such regulation in the Federal Register, such 
conservation measure shall enter into force with re-
spect 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).’’. 
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SEC. 10. AMENDMENTS TO THE ATLANTIC TUNAS CONVEN-
TION ACT. 
The Atlantic Tunas Convention Act of 1975 is 
amended— 
(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 
regulations to implement Commission recommendations 
referred to in paragraph (1) concerning trade restrictive 
measures against nations or fishing entities.’’; 
(2) in section 7 (16 U.S.C. 971e) by striking 
subsections (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 
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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 activi-
ties with respect to this Act that are otherwise au-
thorized 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. 
SEC. 11. 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 
follows: 
‘‘(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 sus-
pended; or 
‘‘(2) the vessel is no longer documented under 
the laws of the United States or eligible for such 
documentation.’’. 
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SEC. 12. AMENDMENTS TO THE PACIFIC WHITING ACT OF 
2006. 
(a) SCIENTIFIC EXPERTS
ON JOINT TECHNICAL 
COMMITTEE.—Section 605(a)(1) of the Pacific Whiting 
Act of 2006 (16 U.S.C. 7004)(a)(1)) is amended to read 
as follows: 
‘‘(1) IN GENERAL.—The Secretary, in consulta-
tion with the Secretary of State, shall appoint no 
more than two individuals to serve as scientific ex-
perts on the joint technical committee, at least one 
of whom shall be an official of the National Oceanic 
and Atmospheric Administration.’’; and 
(b) TREATMENT AS FEDERAL EMPLOYEES.—Section 
609(a) of the Pacific Whiting Act of 2006 (16 U.S.C. 
7008(a)) is amended by striking ‘‘shall be considered to 
be Federal employees while performing such service, only 
for purposes of—’’ and all that follows and inserting 
‘‘shall not be considered Federal employees while per-
forming such service, except for purposes of injury com-
pensation or tort claims liability as provided in chapter 
81 of title 5, United States Code, and chapter 171 of title 
28, United States Code.’’. 
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SEC. 13. 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).’’. 
SEC. 14. AMENDMENTS TO THE NORTHERN PACIFIC HAL-
IBUT ACT OF 1982. 
(a) PROHIBITED ACTS.—Section 7 of the Northern 
Pacific Halibut Act of 1982 (16 U.S.C. 773e) is amend-
ed— 
(1) in paragraph (a) by redesignating subpara-
graphs (1) through (6) as subparagraphs (A) 
through (F); 
(2) by redesignating paragraphs (a) and (b) as 
paragraphs (1) and (2), respectively; 
(3) by in paragraph (1)(B), as so redesignated, 
by inserting ‘‘, investigation,’’ before ‘‘or inspec-
tion’’; 
(4) by in paragraph (1)(C), as so redesignated, 
by inserting ‘‘, investigation,’’ before ‘‘or inspec-
tion’’; 
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(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’’. 
(b) ENFORCEMENT POWERS.—Section 11 of the 
Northern Pacific Halibut Act of 1982 (16 U.S.C. 773i) 
is amended by adding at the end the following: 
‘‘(g) In addition to the powers of officers authorized 
pursuant to subsection (b), any officer who is authorized 
by the Secretary, or by the head of any Federal or State 
agency that has entered into an agreement with the Sec-
retary under subsection (a), to enforce the Convention, 
this Act, or any regulation adopted under this Act, may— 
‘‘(1) search or inspect any facility or convey-
ance used or employed in, or which reasonably ap-
pears to be used or employed in, the storage, proc-
essing, transport, or trade of fish or fish products; 
‘‘(2) inspect records pertaining to the storage, 
processing, transport, or trade of fish or fish prod-
ucts; and 
‘‘(3) detain, for a period of up to 5 days, any 
shipment of fish or fish product imported into, land-
ed 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, 
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sell and retain the proceeds therefrom for a period 
of up to 5 days.’’. 
SEC. 15. 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’’; 
(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. 16. 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 
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the following: ‘‘or any treaty or in contravention of any 
binding conservation measure adopted by an international 
agreement or organization to which the United States is 
a party’’. 
SEC. 17. INTERNATIONAL COOPERATION AND ASSISTANCE 
PROGRAM. 
(a) INTERNATIONAL COOPERATION AND ASSISTANCE 
PROGRAM.—The Secretary of Commerce, acting through 
the National Marine Fisheries Service, may establish an 
international cooperation and assistance program, includ-
ing grants, to provide assistance for sustainable fishery 
management capacity building efforts. 
(b) AUTHORIZED ACTIVITIES.—In carrying out the 
program, the Secretary may— 
(1) provide funding and technical expertise to 
other nations to assist them in addressing illegal, 
unreported, or unregulated fishing activities; 
(2) provide funding and technical expertise to 
other nations to assist them in reducing the loss and 
environmental impacts of derelict fishing gear, re-
ducing the bycatch of living marine resources, and 
promoting international marine resource conserva-
tion; 
(3) provide funding, technical expertise, and 
training to other nations to aid them in building ca-
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pacity for enhanced fisheries management, fisheries 
monitoring, catch and trade tracking activities, en-
forcement, and international marine resource con-
servation; 
(4) establish partnerships with other Federal 
agencies or non-governmental organizations, as ap-
propriate, to ensure that fisheries development as-
sistance to other nations is directed toward projects 
that promote sustainable fisheries; and 
(5) conduct outreach and education efforts in 
order to promote public and private sector awareness 
of international fisheries sustainability issues, in-
cluding the need to combat illegal, unreported, or 
unregulated fishing activity and to promote inter-
national marine resource conservation. 
(c) GUIDELINES.—The Secretary may establish 
guidelines necessary to implement the program. 
(d) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to the Secretary $5,000,000 
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for each of fiscal years 2010 through 2015 to carry out 
this section. 
Passed the House of Representatives September 22, 
2009. 
Attest: 
LORRAINE C. MILLER, 
Clerk. 
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