H. R. 774 
One Hundred Fourteenth Congress 
of the 
United States of America 
AT THE FIRST SESSION 
Begun and held at the City of Washington on Tuesday, 
the sixth day of January, two thousand and fifteen 
An Act 
To strengthen enforcement mechanisms to stop illegal, unreported, and unregulated 
fishing, to amend the Tuna Conventions Act of 1950 to implement the Antigua 
Convention, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Illegal, Unreported, and Unregu-
lated Fishing Enforcement Act of 2015’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—STRENGTHENING FISHERIES ENFORCEMENT MECHANISMS 
Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium Protection 
Act. 
Sec. 102. Amendments to the High Seas Driftnet Fisheries Enforcement Act. 
Sec. 103. Amendments to North Pacific Anadromous Stocks Act of 1992. 
Sec. 104. Amendments to the Pacific Salmon Treaty Act of 1985. 
Sec. 105. Amendments to the Western and Central Pacific Fisheries Convention 
Implementation Act. 
Sec. 106. Amendments to the Antarctic Marine Living Resources Convention Act. 
Sec. 107. Amendments to the Atlantic Tunas Convention Act. 
Sec. 108. Amendments to the High Seas Fishing Compliance Act of 1965. 
Sec. 109. Amendments to the Dolphin Protection Consumer Information Act. 
Sec. 110. Amendments to the Northern Pacific Halibut Act of 1982. 
Sec. 111. Amendments to the Northwest Atlantic Fisheries Convention Act of 1995. 
Sec. 112. Amendment to the Magnuson-Stevens Fishery Conservation and Manage-
ment Act. 
TITLE II—IMPLEMENTATION OF THE ANTIGUA CONVENTION 
Sec. 201. Short title. 
Sec. 202. Amendment of the Tuna Conventions Act of 1950. 
Sec. 203. Definitions. 
Sec. 204. Commissioners; number, appointment, and qualifications. 
Sec. 205. General Advisory Committee and Scientific Advisory Subcommittee. 
Sec. 206. Rulemaking. 
Sec. 207. Prohibited acts. 
Sec. 208. Enforcement. 
Sec. 209. Reduction of bycatch. 
Sec. 210. Repeal of Eastern Pacific Tuna Licensing Act of 1984. 
TITLE III—AGREEMENT ON PORT STATE MEASURES TO PREVENT, DETER 
AND ELIMINATE ILLEGAL, UNREPORTED AND UNREGULATED FISHING 
Sec. 301. Short title. 
Sec. 302. Purpose. 
Sec. 303. Definitions. 
Sec. 304. Duties and authorities of the Secretary. 
Sec. 305. Authorization or denial of port entry.
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Sec. 306. Inspections. 
Sec. 307. Prohibited acts. 
Sec. 308. Enforcement. 
Sec. 309. International cooperation and assistance. 
Sec. 310. Relationship to other laws. 
TITLE I—STRENGTHENING FISHERIES 
ENFORCEMENT MECHANISMS 
SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHING MORA-
TORIUM PROTECTION ACT. 
(a) ADMINISTRATION AND ENFORCEMENT.— 
(1) IN GENERAL.—Section 606 of the High Seas Driftnet 
Fishing Moratorium Protection 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 Act, and the Acts to which this section applies, in accordance 
with this section. Each such Secretary may, by agreement, on 
a reimbursable basis or otherwise, 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 section applies 
to— 
‘‘(1) the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 3631 
et seq.); 
‘‘(2) the Dolphin Protection Consumer Information 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 Atlantic Tunas Convention Act of 1975 (16 U.S.C. 
971 et seq.); 
‘‘(6) the Northwest Atlantic Fisheries Convention Act of 
1995 (16 U.S.C. 5601 et seq.); 
‘‘(7) the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901 et seq.); and 
‘‘(8) the Antigua Convention Implementing Act of 2015. 
‘‘(c) ADMINISTRATION AND ENFORCEMENT.— 
‘‘(1) IN GENERAL.—The Secretary shall prevent any person 
from violating this Act, or any Act to which this section applies, 
in the same manner, by the same means, and with the same 
jurisdiction, 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 incor-
porated into and made a part of and applicable to this Act 
and each such Act. 
‘‘(2) INTERNATIONAL
COOPERATION.—The Secretary 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.—
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‘‘(1) ADDITIONAL ENFORCEMENT AUTHORITY.—In addition to 
the powers of officers authorized pursuant to subsection (c), 
any officer who is authorized by the Secretary, or the head 
of any Federal 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 section applies, with 
the same jurisdiction, powers, and duties as though section 
311 of the Magnuson-Stevens 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 INFORMATION.— 
‘‘(A) IN GENERAL.—The Secretary, subject to the data 
confidentiality provisions in section 402 of the Magnuson- 
Stevens Fishery Conservation and Management Act (16 
U.S.C. 1881a), may disclose, as necessary and appropriate, 
information, including information collected 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 Conven-
tion Implementation Act (16 U.S.C. 6901 et seq.) or other 
statutes implementing 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 organization or arrangement made pursuant 
to an international 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— 
‘‘(I) to ensure compliance with any law or regu-
lation 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 binding con-
servation measure adopted by any international 
organization or arrangement to which the United 
States is a party; 
‘‘(IV) to assist in any investigative, judicial, 
or administrative enforcement proceeding in the 
United States; or 
‘‘(V) to assist in any law enforcement action 
undertaken by a law enforcement agency of a for-
eign government, or in relation to a legal pro-
ceeding undertaken by a foreign government 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 Nation’s Food and Agriculture 
Organization Agreement on Port State Measures 
to Prevent, Deter and Eliminate Illegal, Unre-
ported and Unregulated Fishing) of which the 
United States is a member, or the Secretary has
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determined that the enforcement action is con-
sistent with the requirements under Federal law 
for enforcement actions with respect to illegal, 
unreported, and unregulated fishing. 
‘‘(B) 
DATA
CONFIDENTIALITY
PROVISIONS
NOT 
APPLICABLE.—The data confidentiality provisions of section 
402 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1881a) shall not apply with 
respect to this Act with respect to— 
‘‘(i) any obligation of the United States to share 
information under a regional fisheries management 
organization (as that term is defined by the United 
Nation’s Food and Agriculture Organization Agreement 
on Port State Measures to Prevent, Deter and Elimi-
nate Illegal, Unreported 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 person— 
‘‘(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 applies; 
‘‘(3) to forcibly assault, resist, oppose, impede, intimidate, 
or interfere with any such authorized officer in the conduct 
of any search, investigation, or inspection described in para-
graph (2); 
‘‘(4) to resist a lawful arrest for any act prohibited 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 another person, 
knowing that such person has committed 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 responsibilities 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 Manage-
ment Act (16 U.S.C. 1859(b)). 
‘‘(h) UTILIZATION OF FEDERAL AGENCY ASSETS.—’’.
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(2) CONFORMING AMENDMENT.—Section 308(a) of the Ant-
arctic Marine Living Resources Convention Act of 1984 (16 
U.S.C. 2437(a)) is amended to read as follows: 
‘‘(a) IN GENERAL.—Any person who commits an act that is 
unlawful under section 306 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).’’. 
(b) ACTIONS TO IMPROVE THE EFFECTIVENESS OF INTERNATIONAL 
FISHERY MANAGEMENT ORGANIZATIONS.—Section 608 of such Act 
(16 U.S.C. 1826i) is amended by— 
(1) inserting before the first sentence the following: ‘‘(a) 
IN GENERAL.—’’; 
(2) in subsection (a) (as designated by paragraph (1) of 
this subsection) in the first sentence, inserting ‘‘, or arrange-
ments made pursuant to an international fishery agreement,’’ 
after ‘‘organizations’’; and 
(3) adding at the end the following new subsections: 
‘‘(b) DISCLOSURE OF INFORMATION.— 
‘‘(1) IN GENERAL.—The Secretary, subject to the data con-
fidentiality provisions in section 402 of the Magnuson-Stevens 
Fishery Conservation and Management Act (16 U.S.C. 1881a) 
except as provided in paragraph (2), may disclose, as necessary 
and appropriate, information, including information collected 
under joint authority of the Magnuson-Stevens Fishery Con-
servation 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.), the Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901 et seq.), any other statute 
implementing an international fishery agreement, to any other 
Federal or State government agency, the Food and Agriculture 
Organization of the United Nations, or the secretariat or 
equivalent of an international fishery management organization 
or arrangement made pursuant to an international fishery 
agreement, if such government, organization, or arrangement, 
respectively, has policies and procedures to protect such 
information from unintended or unauthorized disclosure. 
‘‘(2) EXCEPTIONS.—The data confidentiality provisions in 
section 402 of the Magnuson-Stevens Fishery Conservation and 
Management Act (16 U.S.C. 1881a) shall not apply with respect 
to this Act— 
‘‘(A) for obligations of the United States to share 
information under a regional fisheries management 
organization (as that term is defined by the United Nation’s 
Food and Agriculture Organization Agreement on Port 
State Measures to Prevent, Deter and Eliminate Illegal, 
Unreported and Unregulated Fishing) of which the United 
States is a member; or 
‘‘(B) to any information collected by the Secretary 
regarding foreign vessels. 
‘‘(c) IUU VESSEL LISTS.—The Secretary may— 
‘‘(1) develop, maintain, and make public a list of vessels 
and vessel owners engaged in illegal, unreported, or unregu-
lated fishing or fishing-related activities in support of illegal, 
unreported, or unregulated fishing, including vessels or vessel 
owners identified by an international fishery management
H. R. 774—6 
organization or arrangement made pursuant to an international 
fishery agreement, that— 
‘‘(A) the United States is party to; or 
‘‘(B) the United States is not party to, but whose proce-
dures and criteria in developing and maintaining a list 
of such vessels and vessel owners are substantially similar 
to such procedures and criteria adopted pursuant to an 
international fishery agreement to which the United States 
is a party; and 
‘‘(2) take appropriate action against listed vessels and 
vessel owners, including action against fish, fish parts, or fish 
products from such vessels, in accordance with applicable 
United States law and consistent with applicable international 
law, including principles, rights, and obligations established 
in applicable international fishery management agreements and 
trade agreements. 
‘‘(d) REGULATIONS.—The Secretary may promulgate regulations 
to implement this section.’’. 
(c) NOTIFICATION REGARDING IDENTIFICATION
OF NATIONS.— 
Section 609(b) of such Act (166 U.S.C. 1826j(b)) is amended to 
read as follows: 
‘‘(b) NOTIFICATION.—The Secretary shall notify the President 
and that nation of such an identification.’’. 
(d) NATIONS IDENTIFIED UNDER SECTION 610.—Section 610(b)(1) 
of such Act (16 U.S.C. 1826k(b)(1)) is amended to read as follows: 
‘‘(1) notify, as soon as possible, the President and nations 
that have been identified under subsection (a), and also notify 
other nations whose vessels engage in fishing activities or prac-
tices described in subsection (a), about the provisions of this 
section and this Act;’’. 
(e) EFFECT OF CERTIFICATION UNDER SECTION 609.—Section 
609(d)(3)(A)(i) of such Act (16 U.S.C. 1826j(d)(3)(A)(i)) is amended 
by striking ‘‘that has not been certified by the Secretary under 
this subsection, or’’. 
(f) EFFECT
OF CERTIFICATION UNDER SECTION 610.—Section 
610(c)(5) of such Act (16 U.S.C. 1826k(c)(5)) is amended by striking 
‘‘that has not been certified by the Secretary under this subsection, 
or’’. 
(g) IDENTIFICATION OF NATIONS.— 
(1) SCOPE OF IDENTIFICATION FOR ACTIONS OF FISHING VES-
SELS.—Section 609(a) of such Act (16 U.S.C. 1826j(a)) is 
amended— 
(A) in the matter preceding paragraph (1)— 
(i) by inserting ‘‘, based on a cumulative compila-
tion and analysis of data collected and provided by 
international fishery management organizations and 
other nations and organizations,’’ after ‘‘shall’’; and 
(ii) by striking ‘‘2 years’’ and inserting ‘‘3 years’’; 
(B) in paragraph (1), by inserting ‘‘that undermines 
the effectiveness of measures required by an international 
fishery management organization, taking into account 
whether’’ after ‘‘(1)’’; and 
(C) in paragraph (1), by striking ‘‘vessels of’’. 
(2) ADDITIONAL
GROUNDS
FOR
IDENTIFICATION.—Section 
609(a) of such Act (16 U.S.C. 1826j(a)) is further amended—
H. R. 774—7 
(A) by redesignating paragraphs (1) and (2) in order 
as subparagraphs (A) and (B) (and by moving the margins 
of such subparagraphs 2 ems to the right); 
(B) by inserting before the first sentence the following: 
‘‘(1) 
IDENTIFICATION
FOR
ACTIONS
OF
FISHING
VES- 
SELS.—’’; and 
(C) by adding at the end the following: 
‘‘(2) IDENTIFICATION FOR ACTIONS OF NATION.—Taking into 
account the factors described under section 609(a)(1), the Sec-
retary shall also identify, and list in such report, a nation— 
‘‘(A) if it is violating, or has violated at any point 
during the preceding 3 years, conservation and manage-
ment measures required under an international fishery 
management agreement to which the United States is a 
party and the violations undermine the effectiveness of 
such measures; or 
‘‘(B) if it is failing, or has failed in the preceding 
3-year period, to effectively address or regulate illegal, 
unreported, or unregulated fishing in areas described under 
paragraph (1)(B). 
‘‘(3) APPLICATION TO OTHER ENTITIES.—Where the provi-
sions of this Act are applicable to nations, they shall also 
be applicable, as appropriate, to other entities that have com-
petency to enter into international fishery management agree-
ments.’’. 
(3) PERIOD OF FISHING PRACTICES SUPPORTING IDENTIFICA-
TION.—Section 610(a)(1) of such Act (16 U.S.C. 1826k(a)(1)) 
is amended by striking ‘‘calendar year’’ and inserting ‘‘3 years’’. 
(h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized 
to be appropriated to the Secretary of Commerce $450,000 for 
each of fiscal years 2016 through 2020 to implement the amend-
ments made by subsections (b) and (g). 
(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— 
(A) by striking ‘‘for certification’’ and inserting ‘‘to 
authorize’’; 
(B) by inserting ‘‘the importation’’ after ‘‘or other basis’’; 
(C) by striking ‘‘harvesting’’; and 
(D) by striking ‘‘not certified under paragraph (1)’’ and 
inserting ‘‘issued a negative certification 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 ‘‘practices;’’ and 
inserting ‘‘practices—’’. 
(B) In subsection (c)(4), by striking all preceding 
subparagraph (B) and inserting the following: 
‘‘(4) ALTERNATIVE PROCEDURE.—The Secretary may estab-
lish a procedure to authorize, on a shipment-by-shipment, 
shipper-by-shipper, or other basis the importation of fish or
H. R. 774—8 
fish products from a vessel of a nation issued a negative certifi-
cation under paragraph (1) if the Secretary determines that 
such imports were harvested by practices that do not result 
in bycatch of a protected marine species, or were harvested 
by practices that— 
‘‘(A) are comparable to those of the United States, 
taking into account different conditions; and’’. 
SEC. 102. AMENDMENTS TO THE HIGH SEAS DRIFTNET FISHERIES 
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 receives a negative certifi-
cation 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 investigation, or taking other appropriate 
enforcement action’’; 
(4) in subsection (b)(1)(A)(i), by striking ‘‘or illegal, unre-
ported, or unregulated fishing’’ after ‘‘driftnet fishing’’; 
(5) in subsection (b)(1)(B) and subsection (b)(2), by striking 
‘‘or illegal, unreported, or unregulated 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 section 610(c) of the High 
Seas Driftnet Fishing Moratorium 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 illegal, unre-
ported, 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 Moratorium Protection Act (16 U.S.C. 1826j(d), 
1826k(c))’’ after ‘‘beyond the exclusive economic zone of any 
nation’’. 
(b) DURATION OF NEGATIVE CERTIFICATION EFFECTS.—Section 
102 of such Act (16 U.S.C. 1826b) is amended by— 
(1) striking ‘‘or illegal, unreported, or unregulated fishing’’; 
and 
(2) inserting ‘‘or effectively addressed the offending activi-
ties 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 period 
at the end.
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SEC. 103. AMENDMENTS TO NORTH PACIFIC ANADROMOUS STOCKS 
ACT OF 1992. 
(a) UNLAWFUL ACTIVITIES.—Section 810 of the North Pacific 
Anadromous Stocks Act of 1992 (16 U.S.C. 5009) is amended— 
(1) in paragraph (5), by inserting ‘‘, investigation,’’ after 
‘‘search’’; and 
(2) in paragraph (6), by inserting ‘‘, investigation,’’ after 
‘‘search’’. 
(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—Section 811 
of the Northern Pacific Anadromous Stocks Act of 1992 (16 U.S.C. 
5010) is amended to read as follows: 
‘‘SEC. 811. ADDITIONAL PROHIBITIONS AND ENFORCEMENT. 
‘‘For additional prohibitions relating to this Act and enforce-
ment of this Act, see section 606 of the High Seas Driftnet Fishing 
Moratorium Protection Act (16 U.S.C. 1826g).’’. 
SEC. 104. AMENDMENTS TO THE PACIFIC SALMON TREATY ACT OF 
1985. 
Section 8 of the Pacific Salmon Treaty Act of 1985 (16 U.S.C. 
3637) is amended— 
(1) in subsection (a)(2)— 
(A) by inserting ‘‘, investigation,’’ after ‘‘search’’; and 
(B) by striking ‘‘this title;’’ and inserting ‘‘this Act;’’; 
(2) in subsection (a)(3)— 
(A) by inserting ‘‘, investigation,’’ after ‘‘search’’; and 
(B) by striking ‘‘subparagraph (2);’’ and inserting ‘‘para-
graph (2);’’; 
(3) in subsection (a)(5), by striking ‘‘this title; or’’ and 
inserting ‘‘this Act;’’; and 
(4) by striking subsections (b) through (f) and inserting 
the following: 
‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For addi-
tional 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. 105. AMENDMENTS TO THE WESTERN AND CENTRAL PACIFIC 
FISHERIES CONVENTION IMPLEMENTATION ACT. 
The Western and Central Pacific Fisheries Convention 
Implementation Act (title V of Public Law 109–479) is amended— 
(1) by amending section 506(c) (16 U.S.C. 6905(c)) to read 
as follows: 
‘‘(c) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For addi-
tional 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 
(2) in section 507(a)(2) (16 U.S.C. 6906(a)(2)) by striking 
‘‘suspension, on’’ and inserting ‘‘suspension, of’’. 
SEC. 
106. 
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’’;
H. R. 774—10 
(B) in paragraph (4), by inserting ‘‘, investigation,’’ 
after ‘‘search’’; and 
(C) in paragraph (5), by inserting ‘‘, investigation,’’ 
after ‘‘search’’; and 
(2) in section 307 (16 U.S.C. 2436)— 
(A) by inserting ‘‘(a) IN GENERAL.—’’ before the first 
sentence; and 
(B) by adding at the end the following: 
‘‘(b) REGULATIONS TO IMPLEMENT CONSERVATION MEASURES.— 
‘‘(1) IN GENERAL.—Notwithstanding subsections (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 regula-
tion to implement any conservation measure for which the 
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 publication of such regu-
lation in the Federal Register, such conservation measure shall 
enter into force with respect to the United States.’’. 
SEC. 107. AMENDMENTS TO THE ATLANTIC TUNAS CONVENTION 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 subparagraph (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) con-
cerning trade restrictive measures against nations or fishing enti-
ties.’’; 
(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 enforce-
ment of this Act, see section 606 of the High 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 activities with respect to this Act 
that are otherwise authorized 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. 108. AMENDMENTS TO THE HIGH SEAS FISHING COMPLIANCE 
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:
H. R. 774—11 
‘‘(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 suspended; or 
‘‘(2) the vessel is no longer documented under the laws 
of the United States or eligible for such documentation.’’. 
SEC. 109. 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 ENFORCEMENT.—For addi-
tional 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. 110. AMENDMENTS TO THE NORTHERN PACIFIC HALIBUT ACT 
OF 1982. 
Section 7 of the Northern Pacific Halibut Act of 1982 (16 
U.S.C. 773e) is amended— 
(1) in subsection (a) by redesignating paragraphs (1) 
through (6) as subparagraphs (A) through (F); 
(2) by redesignating subsections (a) and (b) as paragraphs 
(1) and (2), respectively; 
(3) in paragraph (1)(B), as so redesignated, by inserting 
‘‘, investigation,’’ before ‘‘or inspection’’; 
(4) in paragraph (1)(C), as so redesignated, by inserting 
‘‘, investigation,’’ before ‘‘or inspection’’; 
(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’’. 
SEC. 111. AMENDMENTS TO THE NORTHWEST ATLANTIC FISHERIES 
CONVENTION ACT OF 1995. 
Section 207 of the Northwest Atlantic Fisheries Convention 
Act of 1995 (16 U.S.C. 5606) is amended— 
(1) in the section heading, by striking ‘‘AND PENALTIES’’ 
and inserting ‘‘AND ENFORCEMENT’’; 
(2) in subsection (a)(2), by inserting ‘‘, investigation,’’ before 
‘‘or inspection’’; 
(3) in subsection (a)(3), by inserting ‘‘, investigation,’’ before 
‘‘or inspection’’; and 
(4) by striking subsections (b) through (f) and inserting 
the following: 
‘‘(b) ADDITIONAL PROHIBITIONS AND ENFORCEMENT.—For addi-
tional 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. 112. AMENDMENT TO THE MAGNUSON-STEVENS FISHERY CON-
SERVATION AND MANAGEMENT ACT. 
Section 307(1)(Q) of the Magnuson-Stevens Fishery Conserva-
tion and Management Act (16 U.S.C. 1857(1)(Q)) is amended by 
inserting before the semicolon 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’’.
H. R. 774—12 
TITLE II—IMPLEMENTATION OF THE 
ANTIGUA CONVENTION 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Antigua Convention Imple-
menting Act of 2015’’. 
SEC. 202. AMENDMENT OF THE TUNA CONVENTIONS ACT OF 1950. 
Except as otherwise expressly provided, whenever in this title 
an amendment or repeal is expressed in terms of an amendment 
to, or repeal of, a section or other provision, the reference shall 
be considered to be made to a section or other provision of the 
Tuna Conventions Act of 1950 (16 U.S.C. 951 et seq.). 
SEC. 203. DEFINITIONS. 
Section 2 (16 U.S.C. 951) is amended to read as follows: 
‘‘SEC. 2. DEFINITIONS. 
‘‘In this Act: 
‘‘(1) ANTIGUA CONVENTION.—The term ‘Antigua Convention’ 
means the Convention for the Strengthening of the Inter-Amer-
ican Tropical Tuna Commission Established by the 1949 
Convention Between the United States of America and the 
Republic of Costa Rica, signed at Washington, November 14, 
2003. 
‘‘(2) COMMISSION.—The term ‘Commission’ means the Inter- 
American Tropical Tuna Commission provided for by the 
Convention. 
‘‘(3) CONVENTION.—The term ‘Convention’ means— 
‘‘(A) the Convention for the Establishment of an Inter- 
American Tropical Tuna Commission, signed at Wash-
ington, May 31, 1949, by the United States of America 
and the Republic of Costa Rica; 
‘‘(B) the Antigua Convention, upon its entry into force 
for the United States, and any amendments thereto that 
are in force for the United States; or 
‘‘(C) both such Conventions, as the context requires. 
‘‘(4) PERSON.—The term ‘person’ means an individual, part-
nership, corporation, or association subject to the jurisdiction 
of the United States. 
‘‘(5) UNITED
STATES.—The term ‘United States’ includes 
all areas under the sovereignty of the United States. 
‘‘(6) UNITED
STATES
COMMISSIONERS.—The term ‘United 
States commissioners’ means the individuals appointed in 
accordance with section 3(a).’’. 
SEC. 204. COMMISSIONERS; NUMBER, APPOINTMENT, AND QUALIFICA-
TIONS. 
Section 3 (16 U.S.C. 952) is amended to read as follows: 
‘‘SEC. 3. COMMISSIONERS. 
‘‘(a) COMMISSIONERS.—The United States shall be represented 
on the Commission by four United States Commissioners. The Presi-
dent shall appoint individuals to serve on the Commission. The 
United States Commissioners shall be subject to supervision and 
removal by the Secretary of State, in consultation with the Sec-
retary. In making the appointments, the President shall select
H. R. 774—13 
United States Commissioners from among individuals who are 
knowledgeable or experienced concerning highly migratory fish 
stocks in the eastern tropical Pacific Ocean, one of whom shall 
be an officer or employee of the Department of Commerce. Not 
more than two United States Commissioners may be appointed 
who reside in a State other than a State whose vessels maintain 
a substantial fishery in the area of the Convention. 
‘‘(b) ALTERNATE COMMISSIONERS.—The Secretary of State, in 
consultation with the Secretary, may designate from time to time 
and for periods of time deemed appropriate Alternate United States 
Commissioners to the Commission. Any Alternate United States 
Commissioner may exercise, at any meeting of the Commission 
or of the General Advisory Committee or Scientific Advisory Sub-
committee established pursuant to section 4(b), all powers and 
duties of a United States Commissioner in the absence of any 
United States Commissioner appointed pursuant to subsection (a) 
of this section for whatever reason. The number of such Alternate 
United States Commissioners that may be designated for any such 
meeting shall be limited to the number of United States Commis-
sioners appointed pursuant to subsection (a) of this section who 
will not be present at such meeting. 
‘‘(c) ADMINISTRATIVE MATTERS.— 
‘‘(1) EMPLOYMENT STATUS.—Individuals serving as United 
States Commissioners, other than officers or employees of the 
United States Government, shall not be considered Federal 
employees except for the purposes of injury compensation or 
tort claims liability as provided in chapter 81 of title 5, United 
States Code, and chapter 171 of title 28, United States Code. 
‘‘(2) COMPENSATION.—The United States Commissioners or 
Alternate Commissioners, although officers of the United States 
while so serving, shall receive no compensation for their services 
as United States Commissioners or Alternate Commissioners. 
‘‘(3) TRAVEL EXPENSES.— 
‘‘(A) The Secretary of State shall pay the necessary 
travel expenses of United States Commissioners and Alter-
nate United States Commissioners to meetings of the Inter- 
American Tropical Tuna Commission and other meetings 
the Secretary of State deems necessary to fulfill their 
duties, in accordance with the Federal Travel Regulations 
and sections 5701, 5702, 5704 through 5708, and 5731 
of title 5, United States Code. 
‘‘(B) The Secretary may reimburse the Secretary of 
State for amounts expended by the Secretary of State under 
this subsection.’’. 
SEC. 205. GENERAL ADVISORY COMMITTEE AND SCIENTIFIC ADVISORY 
SUBCOMMITTEE. 
Section 4 (16 U.S.C. 953) is amended— 
(1) by striking subsection (a) and inserting the following: 
‘‘(a) GENERAL ADVISORY COMMITTEE.— 
‘‘(1) APPOINTMENTS; 
PUBLIC
PARTICIPATION; 
COMPENSA-
TION.— 
‘‘(A) The Secretary, in consultation with the Secretary 
of State, shall appoint a General Advisory Committee which 
shall consist of not more than 25 individuals who shall 
be representative of the various groups concerned with
H. R. 774—14 
the fisheries covered by the Convention, including non-
governmental conservation organizations, providing to the 
maximum extent practicable an equitable balance among 
such groups. Members of the General Advisory Committee 
will be eligible to participate as members of the United 
States delegation to the Commission and its working groups 
to the extent the Commission rules and space for delega-
tions allow. 
‘‘(B) The chair of the Pacific Fishery Management 
Council’s Advisory Subpanel for Highly Migratory Fisheries 
and the chair of the Western Pacific Fishery Management 
Council’s Advisory Committee shall be ex-officio members 
of the General Advisory Committee by virtue of their posi-
tions in those Councils. 
‘‘(C) Each member of the General Advisory Committee 
appointed under subparagraph (A) shall serve for a term 
of 3 years and is eligible for reappointment. 
‘‘(D) The General Advisory Committee shall be invited 
to attend all non-executive meetings of the United States 
delegation and at such meetings shall be given opportunity 
to examine and to be heard on all proposed programs 
of investigation, reports, recommendations, and regulations 
of the Commission. 
‘‘(E) The General Advisory Committee shall determine 
its organization, and prescribe its practices and procedures 
for carrying out its functions under this title, the Magnu-
son-Stevens Fishery Conservation and Management Act 
(16 U.S.C. 1801 et seq.), and the Convention. The General 
Advisory Committee shall publish and make available to 
the public a statement of its organization, practices, and 
procedures. Meetings of the General Advisory Committee, 
except when in executive session, shall be open to the 
public, and prior notice of meetings shall be made public 
in timely fashion. The General Advisory Committee shall 
not be subject to the Federal Advisory Committee Act (5 
U.S.C. App.). 
‘‘(2) INFORMATION SHARING.—The Secretary and the Sec-
retary of State shall furnish the General Advisory Committee 
with relevant information concerning fisheries and inter-
national fishery agreements. 
‘‘(3) ADMINISTRATIVE MATTERS.— 
‘‘(A) The Secretary shall provide to the General 
Advisory Committee in a timely manner such administra-
tive and technical support services as are necessary for 
its effective functioning. 
‘‘(B) Individuals appointed to serve as a member of 
the General Advisory Committee— 
‘‘(i) shall serve without pay, but while away from 
their homes or regular places of business to attend 
meetings of the General Advisory Committee shall be 
allowed travel expenses, including per diem in lieu 
of subsistence, in the same manner as persons 
employed intermittently in the Government service are 
allowed expenses under section 5703 of title 5, United 
States Code; and 
‘‘(ii) shall not be considered Federal employees 
except for the purposes of injury compensation or tort
H. R. 774—15 
claims liability as provided in chapter 81 of title 5, 
United States Code, and chapter 171 of title 28, United 
States Code.’’; 
(2) by striking so much of subsection (b) as precedes para-
graph (2) and inserting the following: 
‘‘(b) SCIENTIFIC ADVISORY SUBCOMMITTEE.—(1) The Secretary, 
in consultation with the Secretary of State, shall appoint a Scientific 
Advisory Subcommittee of not less than 5 nor more than 15 qualified 
scientists with balanced representation from the public and private 
sectors, including nongovernmental conservation organizations.’’; 
and 
(3) in subsection (b)(3), by striking ‘‘General Advisory Sub-
committee’’ and inserting ‘‘General Advisory Committee’’. 
SEC. 206. RULEMAKING. 
Section 6 (16 U.S.C. 955) is amended to read as follows: 
‘‘SEC. 6. RULEMAKING. 
‘‘(a) REGULATIONS.—The Secretary, in consultation with the 
Secretary of State and, with respect to enforcement measures, the 
Secretary of the Department in which the Coast Guard is operating, 
may promulgate such regulations as may be necessary to carry 
out the United States international obligations under the Conven-
tion and this Act, including recommendations and decisions adopted 
by the Commission. In cases where the Secretary has discretion 
in the implementation of one or more measures adopted by the 
Commission that would govern fisheries under the authority of 
a Regional Fishery Management Council, the Secretary may, to 
the extent practicable within the implementation schedule of the 
Convention and any recommendations and decisions adopted by 
the Commission, promulgate such regulations as may be necessary 
to carry out the United States international obligations under the 
Convention and this Act, in accordance with the procedures estab-
lished by the Magnuson-Stevens Fishery Conservation and Manage-
ment Act (16 U.S.C. 1801 et seq.). 
‘‘(b) JURISDICTION.—The Secretary may promulgate regulations 
as may be necessary to carry out the United States international 
obligations under the Convention and this Act, applicable to all 
vessels and persons subject to the jurisdiction of the United States, 
including vessels documented under chapter 121 of title 46, United 
States Code, wherever they may be operating, on such date as 
the Secretary shall prescribe.’’. 
SEC. 207. PROHIBITED ACTS. 
Section 8 (16 U.S.C. 957) is amended— 
(1) by striking ‘‘section 6(c) of this Act’’ each place it appears 
and inserting ‘‘section 6’’; and 
(2) by adding at the end the following: 
‘‘(i) 
ADDITIONAL
PROHIBITIONS
AND
ENFORCEMENT.—For 
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. 208. ENFORCEMENT. 
Section 10 (16 U.S.C. 959) is amended to read as follows:
H. R. 774—16 
‘‘SEC. 10. ENFORCEMENT. 
‘‘For enforcement of this Act, see section 606 of the High Seas 
Driftnet Fishing Moratorium Protection Act (16 U.S.C. 1826g).’’. 
SEC. 209. REDUCTION OF BYCATCH. 
Section 15 (16 U.S.C. 962) is amended by striking ‘‘vessel’’ 
and inserting ‘‘vessels’’. 
SEC. 210. REPEAL OF EASTERN PACIFIC TUNA LICENSING ACT OF 
1984. 
The Eastern Pacific Tuna Licensing Act of 1984 (16 U.S.C. 
972 et seq.) is repealed. 
TITLE III—AGREEMENT ON PORT STATE 
MEASURES TO PREVENT, DETER AND 
ELIMINATE ILLEGAL, UNREPORTED 
AND UNREGULATED FISHING 
SEC. 301. SHORT TITLE. 
This title may be cited as the ‘‘Port State Measures Agreement 
Act of 2015’’. 
SEC. 302. PURPOSE. 
The purpose of this title is to implement the Agreement on 
Port State Measures to Prevent, Deter and Eliminate Illegal, Unre-
ported and Unregulated Fishing. 
SEC. 303. DEFINITIONS. 
As used in this title: 
(1) The term ‘‘Agreement’’ means the Agreement on Port 
State Measures to Prevent, Deter and Eliminate Illegal, Unre-
ported and Unregulated Fishing, done at the Food and Agri-
culture Organization of the United Nations, in Rome, Italy, 
November 22, 2009, and signed by the United States November 
22, 2009. 
(2) The term ‘‘IUU fishing’’ means any activity set out 
in paragraph 3 of the 2001 FAO International Plan of Action 
to Prevent, Deter and Eliminate Illegal, Unreported and 
Unregulated Fishing. 
(3) The term ‘‘listed IUU vessel’’ means a vessel that is 
included in a list of vessels having engaged in IUU fishing 
or fishing-related activities in support of IUU fishing that has 
been adopted by a regional fisheries management organization 
of which the United States is a member, or a list adopted 
by a regional fisheries management organization of which the 
United States is not a member if the Secretary determines 
the criteria used by that organization to create the IUU list 
is comparable to criteria adopted by RFMOs of which the United 
States is a member for identifying IUU vessels and activities. 
(4) The term ‘‘Magnuson-Stevens Act’’ means the Magnu-
son-Stevens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.). 
(5) The term ‘‘person’’ has the same meaning as that term 
has in section 3 of the Magnuson-Stevens Act (16 U.S.C. 1802).
H. R. 774—17 
(6) The terms ‘‘RFMO’’ and ‘‘regional fisheries management 
organization’’ mean a regional fisheries management organiza-
tion (as that term is defined by the United Nation’s Food 
and Agriculture Organization Agreement on Port State Meas-
ures to Prevent, Deter and Eliminate Illegal, Unreported and 
Unregulated Fishing) that is recognized by the United States. 
(7) The term ‘‘Secretary’’ means the Secretary of Commerce 
or his or her designee. 
(8) The term ‘‘vessel’’ means any vessel, ship of another 
type, or boat used for, equipped to be used for, or intended 
to be used for, fishing or fishing-related activities, including 
container vessels that are carrying fish that have not been 
previously landed. 
(9) The term ‘‘fish’’ means finfish, mollusks, crustaceans, 
and all other forms of marine animal and plant life other 
than marine mammals and birds. 
(10) The term ‘‘fishing’’— 
(A) except as provided in subparagraph (B), means— 
(i) the catching, taking, or harvesting of fish; 
(ii) the attempted catching, taking, or harvesting 
of fish; 
(iii) any other activity which can reasonably be 
expected to result in the catching, taking, or harvesting 
of fish; or 
(iv) any operations at sea in support of, or in 
preparation for, any activity described in clauses (i) 
through (iii); and 
(B) does not include any scientific research activity 
that is conducted by a scientific research vessel. 
SEC. 304. DUTIES AND AUTHORITIES OF THE SECRETARY. 
(a) REGULATIONS.—The Secretary may, as needed, promulgate 
such regulations— 
(1) in accordance with section 553 of title 5, United States 
Code; 
(2) consistent with provisions of the title; and 
(3) with respect to enforcement measures, in consultation 
with the Secretary of the department in which the Coast Guard 
is operating; 
as may be necessary to carry out the purposes of this title, to 
the extent that such regulations are not already promulgated. 
(b) PORTS OF ENTRY.—The Secretary, in consultation with the 
Secretary of the department in which the Coast Guard is operating, 
may designate and publicize the ports to which vessels may seek 
entry. No port may be designated under this section that has 
not also been designated as a port of entry for customs reporting 
purposes pursuant to section 1433 of title 19, United States Code, 
or that is not specified under an existing international fisheries 
agreement. 
(c) NOTIFICATION.—The Secretary shall provide notification of 
the denial of port entry or the use of port services for a vessel 
under section 305, the withdrawal of the denial of port services 
for a foreign vessel, the taking of enforcement action pursuant 
to section 306 with respect to a foreign vessel, or the results 
of any inspection of a foreign vessel conducted pursuant to this 
title to the flag nation of the vessel and, as appropriate, to the 
nation of which the vessel’s master is a national, relevant coastal
H. R. 774—18 
nations, RFMOs, the Food and Agriculture Organization of the 
United Nations, and other relevant international organizations. 
(d) CONFIRMATION THAT FISH WERE TAKEN IN ACCORDANCE 
WITH CONSERVATION AND MANAGEMENT MEASURES.—The Secretary 
may request confirmation from the flag state of a foreign vessel 
that the fish on board a foreign vessel in a port subject to the 
jurisdiction of the United States were taken in accordance with 
applicable RFMO conservation and management measures. 
SEC. 305. AUTHORIZATION OR DENIAL OF PORT ENTRY. 
(a) SUBMISSION
OF INFORMATION REQUIRED UNDER AGREE-
MENT.— 
(1) IN
GENERAL.—A vessel described in paragraph (2) 
seeking entry to a port that is subject to the jurisdiction of 
the United States must submit to the Secretary of the depart-
ment in which the Coast Guard is operating information as 
required under the Agreement in advance of its arrival in 
port. The Secretary of the department in which the Coast 
Guard is operating shall provide that information to the Sec-
retary. 
(2) COVERED VESSELS.—A vessel referred to in paragraph 
(1) is any vessel that— 
(A) is not documented under chapter 121 of title 46, 
United States Code; and 
(B) is not numbered under chapter 123 of that title. 
(b) DECISION TO AUTHORIZE OR DENY PORT ENTRY.— 
(1) DECISION.—The Secretary shall decide, based on the 
information submitted under subsection (a), whether to 
authorize or deny port entry by the vessel, and shall commu-
nicate such decision to— 
(A) the Secretary of the department in which the Coast 
Guard is operating; and 
(B) the vessel or its representative. 
(2) AUTHORIZATION OR DENIAL OF ENTRY.—The Secretary 
of the department in which the Coast Guard is operating shall 
authorize or deny entry to vessels to which such a decision 
applies. 
(3) VESSELS TO WHICH ENTRY MAY BE DENIED.—The Sec-
retary of the department in which the Coast Guard is operating 
may deny entry to any vessel to which such a decision applies— 
(A) that is described in subsection (a)(2); and 
(B) that— 
(i) is a listed IUU vessel; or 
(ii) the Secretary of Commerce has reasonable 
grounds to believe— 
(I) has engaged in IUU fishing or fishing- 
related activities in support of such fishing; or 
(II) has violated this title. 
(c) DENIAL OF USE OF PORT.—If a vessel described in subsection 
(a)(2) is in a port that is subject to the jurisdiction of the United 
States, the Secretary of the department in which the Coast Guard 
is operating, at the request of the Secretary, shall deny such vessel 
the use of the port for landing, transshipment, packaging and 
processing of fish, refueling, resupplying, maintenance, and 
drydocking, if— 
(1) the vessel entered without authorization under sub-
section (b);
H. R. 774—19 
(2) the vessel is a listed IUU vessel; 
(3) the vessel is not documented under the laws of another 
nation; 
(4) the flag nation of the vessel has failed to provide con-
firmation requested by the Secretary that the fish on board 
were taken in accordance with applicable RFMO conservation 
and management measures; or 
(5) the Secretary has reasonable grounds to believe— 
(A) the vessel lacks valid authorizations to engage 
in fishing or fishing-related activities as required by its 
flag nation or the relevant coastal nation; 
(B) the fish on board were taken in violation of foreign 
law or in contravention of any RFMO conservation and 
management measure; or 
(C) the vessel has engaged in IUU fishing or fishing- 
related activities in support of such fishing, including in 
support of a listed IUU vessel, unless it can establish 
that— 
(i) it was acting in a manner consistent with 
applicable RFMO conservation and management meas-
ures; or 
(ii) in the case of the provision of personnel, fuel, 
gear, and other supplies at sea, the vessel provisioned 
was not, at the time of provisioning, a listed IUU 
vessel. 
(d) EXCEPTIONS.—Notwithstanding subsections (b) and (c), the 
Secretary of the department in which the Coast Guard is operating 
may allow port entry or the use of port services— 
(1) if they are essential to the safety or health of the 
crew or safety of the vessel; 
(2) to allow, where appropriate, for the scrapping of the 
vessel; or 
(3) pursuant to an inspection or other enforcement action. 
SEC. 306. INSPECTIONS. 
The Secretary, and the Secretary of the department in which 
the Coast Guard is operating, shall conduct foreign vessel inspec-
tions in ports subject to the jurisdiction of the United States as 
necessary to achieve the purposes of the Agreement and this title. 
If, following an inspection, the Secretary has reasonable grounds 
to believe that a foreign vessel has engaged in IUU fishing or 
fishing-related activities in support of such fishing, the Secretary 
may take enforcement action under this title or other applicable 
law, and shall deny the vessel the use of port services, in accordance 
with section 305. 
SEC. 307. PROHIBITED ACTS. 
It is unlawful for any person subject to the jurisdiction of 
the United States— 
(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 enforcement of this title or the regula-
tions issued under this title; 
(3) to submit false information pursuant to any requirement 
under this title or the regulations issued under this title; or
H. R. 774—20 
(4) to commit any offense enumerated in paragraph (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 RESPONSIBILITIES.— 
(1) AUTHORITIES
AND
RESPONSIBILITIES.—The authorities 
and responsibilities under subsections (a), (b), and (c) of section 
311 and subsection (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 Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2439(b)) shall apply with 
respect to enforcement of this title. 
(2) INCLUDED VESSELS.—For purposes of enforcing this title, 
any reference in such paragraphs and subsections to a ‘‘vessel’’ 
or ‘‘fishing vessel’’ includes 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 regula-
tions 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 opportunity 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 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-Stevens Act (16 U.S.C. 1858(d)). 
(3) ACTION UPON FAILURE TO PAY ASSESSMENT.—If any per-
son fails to pay an assessment of a civil penalty under this 
title after it has become a final and unappealable order, or 
after the appropriate 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 appropriateness 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 
prohibited by section 307 of this title shall be subject to for-
feiture under section 310 of the Magnuson-Stevens Act (16 
U.S.C. 1860). 
(2) APPLICATION
OF
THE
CUSTOMS
LAWS.—All provisions 
of law relating to seizure, summary judgment, and judicial
H. R. 774—21 
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 forfeiture of prop-
erty 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 dispose 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 of this title (including any regulation promul-
gated 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 govern-
ment) 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 per-
son assessed a civil penalty for, or convicted of, any violation of 
this title (including any regulation promulgated under this title) 
and any claimant in a forfeiture action brought for such a violation, 
shall be liable for the reasonable costs incurred by the Secretary 
in storage, care, and maintenance of any property seized in connec-
tion with the violation. 
SEC. 309. INTERNATIONAL COOPERATION AND ASSISTANCE. 
(a) ASSISTANCE TO DEVELOPING NATIONS AND INTERNATIONAL 
ORGANIZATIONS.—Consistent with existing authority and the avail-
ability of funds, the Secretary shall provide appropriate assistance 
to developing nations and international organizations of which such 
nations are members to assist those nations in meeting their obliga-
tions under the Agreement. 
(b) PERSONNEL, SERVICES, EQUIPMENT, AND FACILITIES.—In car-
rying out subsection (a), the Secretary may, by agreement, on 
a reimbursable or nonreimbursable basis, utilize the personnel, 
services, equipment, and facilities 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 construed to 
displace any requirements imposed by the customs laws of the 
United States or any other laws or regulations enforced or adminis-
tered 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.
H. R. 774—22 
(b) UNITED STATES OBLIGATIONS UNDER INTERNATIONAL LAW.— 
This title shall be interpreted and applied in accordance with United 
States obligations under international law. 
Speaker of the House of Representatives. 
Vice President of the United States and
President of the Senate.