I 
112TH CONGRESS 
2D SESSION 
H. R. 4100 
To strengthen enforcement mechanisms to stop illegal, unreported, and un-
regulated fishing, to amend the Tuna Conventions Act of 1950 to imple-
ment the Antigua Convention, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2012 
Ms. BORDALLO (for herself, Mr. GUINTA, Mr. FARR, Mr. SABLAN, Mr. 
PIERLUISI, Mr. FALEOMAVAEGA, and Mrs. CHRISTENSEN) introduced the 
following bill; which was referred to the Committee on Natural Resources 
A BILL 
To strengthen enforcement mechanisms to stop illegal, unre-
ported, and unregulated fishing, to amend the Tuna Con-
ventions Act of 1950 to implement the Antigua Conven-
tion, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Illegal, Unreported, 
and Unregulated Fishing Enforcement Act of 2011’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
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Sec. 2. Table of contents. 
TITLE I—STRENGTHENING FISHERIES ENFORCEMENT 
MECHANISMS 
Sec. 101. Amendments to the High Seas Driftnet Fishing Moratorium Protec-
tion 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 Conven-
tion Implementation Act. 
Sec. 106. Amendments to the South Pacific Tuna Act of 1988. 
Sec. 107. Amendments to the Antarctic Marine Living Resources Convention 
Act. 
Sec. 108. Amendments to the Atlantic Tunas Convention Act. 
Sec. 109. Amendments to the High Seas Fishing Compliance Act of 1965. 
Sec. 110. Amendments to the Dolphin Protection Consumer Information Act. 
Sec. 111. Amendments to the Northern Pacific Halibut Act of 1982. 
Sec. 112. Amendments to the Northwest Atlantic Fisheries Convention Act of 
1995. 
Sec. 113. Amendment to the Magnuson-Stevens Fishery Conservation and 
Management Act. 
Sec. 114. International cooperation and assistance. 
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 I—STRENGTHENING FISH-
ERIES ENFORCEMENT MECH-
ANISMS 
SEC. 101. AMENDMENTS TO THE HIGH SEAS DRIFTNET 
FISHING MORATORIUM PROTECTION ACT. 
(a) ADMINISTRATION AND ENFORCEMENT.—Section 
606 of the High Seas Driftnet Fishing Moratorium Pro-
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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 Act, and the Acts to which this section 
applies, in accordance with this section. Each such Sec-
retary may, by agreement, on a reimbursable basis or oth-
erwise, utilize the personnel services, equipment (including 
aircraft and vessels), and facilities of any other Federal 
agency, and of any State agency, in the performance of 
such duties. 
‘‘(b) ACTS TO WHICH SECTION APPLIES.—This sec-
tion applies to— 
‘‘(1) the Pacific Salmon Treaty Act of 1985 (16 
U.S.C. 3631 et seq.); 
‘‘(2) the Dolphin Protection Consumer Informa-
tion Act (16 U.S.C. 1385); 
‘‘(3) the Tuna Conventions Act of 1950 (16 
U.S.C. 951 et seq.); 
‘‘(4) the North Pacific Anadromous Stocks Act 
of 1992 (16 U.S.C. 5001 et seq.); 
‘‘(5) the South Pacific Tuna Act of 1988 (16 
U.S.C. 973 et seq.); 
‘‘(6) the Antarctic Marine Living Resources 
Convention Act of 1984 (16 U.S.C. 2431 et seq.); 
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‘‘(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 Act, 
or any Act to which this section applies, in the same man-
ner, 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 Man-
agement 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. 
‘‘(d) SPECIAL RULES.— 
‘‘(1) IN GENERAL.—Notwithstanding the incor-
poration by reference of certain sections of the Mag-
nuson-Stevens Fishery Conservation and Manage-
ment Act under subsection (c), if there is a conflict 
between a provision of this subsection and the cor-
responding provision of any section of the Magnu-
son-Stevens Fishery Conservation and Management 
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Act so incorporated, the provision of this subsection 
shall apply. 
‘‘(2) ADDITIONAL
ENFORCEMENT
AUTHOR-
ITY.—In addition to the powers of officers author-
ized pursuant to subsection (c), any officer who is 
authorized by the Secretary, or the head of any Fed-
eral or State agency that has entered into an agree-
ment with the Secretary under subsection (a), to en-
force the provisions of any Act to which this section 
applies may, with the same jurisdiction, powers, and 
duties as though section 311 of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1861) were incorporated into and made a 
part of each such Act— 
‘‘(A) search or inspect any facility or con-
veyance used or employed in, or which reason-
ably appears to be used or employed in, the 
storage, processing, transport, or trade of fish 
or fish products; 
‘‘(B) inspect records pertaining to the stor-
age, processing, transport, or trade of fish or 
fish products; 
‘‘(C) detain, for a period of up to 5 days, 
any shipment of fish or fish product imported 
into, landed on, introduced into, exported from, 
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or transported within the jurisdiction of the 
United States, or, if such fish or fish product 
is deemed to be perishable, sell and retain the 
proceeds therefrom for a period of up to 5 days; 
‘‘(D) make an arrest, in accordance with 
any guidelines which may be issued by the At-
torney General, for any offense under the laws 
of the United States committed in the person’s 
presence, or for the commission of any felony 
under the laws of the United States, if the per-
son has reasonable grounds to believe that the 
person to be arrested has committed or is com-
mitting a felony; 
‘‘(E) search and seize, in accordance with 
any guidelines that are issued by the Attorney 
General; and 
‘‘(F) execute and serve any subpoena, ar-
rest warrant, search warrant issued in accord-
ance with rule 41 of the Federal Rules of 
Criminal Procedure, or other warrant or civil or 
criminal process issued by any officer or court 
of competent jurisdiction. 
‘‘(3) DISCLOSURE OF ENFORCEMENT INFORMA-
TION.—The Secretary may disclose, as necessary 
and appropriate, information, including information 
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collected under joint authority of the Magnuson-Ste-
vens Fishery Conservation and Management Act (16 
U.S.C. 1801 et seq.) and the Atlantic Tunas Con-
vention Act of 1975 (16 U.S.C. 71 et seq.) or the 
Western and Central Pacific Fisheries Convention 
Implementation Act (16 U.S.C. 6901 et seq.) or 
other statutes implementing international fishery 
agreements, to any other Federal or State govern-
ment agency, the Food and Agriculture Organization 
of the United Nations, the secretariat or equivalent 
of an international fishery management organization 
or arrangement made pursuant to an international 
fishery agreement, or a foreign government, if— 
‘‘(A) such government, organization, or ar-
rangement has policies and procedures to pro-
tect such information from unintended or unau-
thorized disclosure; and 
‘‘(B) such disclosure is necessary— 
‘‘(i) to ensure compliance with any 
law or regulation enforced or administered 
by the Secretary; 
‘‘(ii) to administer or enforce any 
international fishery agreement to which 
the United States is a party; 
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‘‘(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 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, aircraft, vehicle, or shore-
side facility subject to such person’s control for the 
purposes of conducting any search, investigation, or 
inspection in connection with the enforcement of this 
Act, any regulation promulgated under this Act, or 
any Act to which this section applies; 
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‘‘(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 
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- 
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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 
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, 
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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-
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 
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‘‘(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.’’. 
(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: 
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‘‘(1) notify, as soon as possible, the President 
and nations that have been identified under sub-
section (a), and also notify other nations whose ves-
sels engage in fishing activities or practices de-
scribed 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 VESSELS.—Section 609(a) of such Act 
(16 U.S.C. 1826j(a)) is amended— 
(A) in the matter preceding paragraph (1) 
by striking ‘‘2 years’’ and inserting ‘‘3 years’’; 
(B) in paragraph (1), by inserting ‘‘that 
undermines the effectiveness of measures re-
quired by an international fishery management 
organization, taking into account whether’’ 
after ‘‘(1)’’; and 
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