HR 774 RFS
‘‘(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
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), may 
enforce the provisions of any Act to which this sec-
tion applies, 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. 
‘‘(2) DISCLOSURE OF ENFORCEMENT INFORMA-
TION.— 
‘‘(A) IN GENERAL.—The Secretary, subject 
to the data confidentiality provisions in section 
402 of the Magnuson-Stevens Fishery Con-
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servation and Management Act (16 U.S.C. 
1881a), may disclose, as necessary and appro-
priate, information, including information col-
lected under joint authority of the Magnuson- 
Stevens Fishery 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 fishery management organiza-
tion or arrangement made pursuant to an inter-
national fishery agreement, or a foreign govern-
ment, if— 
‘‘(i) such government, organization, or 
arrangement has policies and procedures to 
protect such information from unintended 
or unauthorized disclosure; and 
‘‘(ii) such disclosure is necessary— 
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‘‘(I) to ensure compliance with 
any law or regulation enforced or ad-
ministered 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 
binding conservation measure adopted 
by any international organization or 
arrangement to which the United 
States is a party; 
‘‘(IV) to assist in any investiga-
tive, judicial, or administrative en-
forcement proceeding in the United 
States; or 
‘‘(V) to assist in any law enforce-
ment action undertaken by a law en-
forcement agency of a foreign govern-
ment, or in relation to a legal pro-
ceeding undertaken by a foreign gov-
ernment to the extent the enforcement 
action is consistent with rules and 
regulations of a regional fisheries 
management organization (as that 
term is defined by the United Na-
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tion’s Food and Agriculture Organiza-
tion Agreement on Port State Meas-
ures to Prevent, Deter and Eliminate 
Illegal, Unreported and Unregulated 
Fishing) of which the United States is 
a member, or the Secretary has deter-
mined that the enforcement action is 
consistent 
with 
the 
requirements 
under Federal law for enforcement ac-
tions with respect to illegal, unre-
ported, and unregulated fishing. 
‘‘(B) DATA CONFIDENTIALITY PROVISIONS 
NOT
APPLICABLE.—The data confidentiality 
provisions of section 402 of the Magnuson-Ste-
vens Fishery Conservation and Management 
Act (16 U.S.C. 1881a) shall not apply with re-
spect to this Act with respect to— 
‘‘(i) any obligation of the United 
States to share information under a re-
gional fisheries management organization 
(as that term is defined by the United Na-
tion’s Food and Agriculture Organization 
Agreement on Port State Measures to Pre-
vent, Deter and Eliminate Illegal, Unre-
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ported and Unregulated Fishing) of which 
the United States is a member; or 
‘‘(ii) any information collected by the 
Secretary regarding foreign vessels. 
‘‘(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 ap-
plies; 
‘‘(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-
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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 
Act 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-
ities 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)). 
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