IB 
Union Calendar No. 354 
118TH CONGRESS 
2D SESSION 
H. R. 1792 
[Report No. 118–429] 
To amend the South Pacific Tuna Act of 1988, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MARCH 24, 2023 
Mrs. RADEWAGEN (for herself and Mr. CASE) introduced the following bill; 
which was referred to the Committee on Natural Resources 
MARCH 21, 2024 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on March 24, 2023] 
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A BILL 
To amend the South Pacific Tuna Act of 1988, and for 
other purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘South Pacific Tuna Treaty Act of 2023’’. 
(b) TABLE OF CONTENTS.—The table of contents of this 
Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Amendment of South Pacific Tuna Act of 1988. 
Sec. 3. Definitions. 
Sec. 4. Prohibited acts. 
Sec. 5. Exceptions. 
Sec. 6. Criminal offenses. 
Sec. 7. Civil penalties. 
Sec. 8. Licenses. 
Sec. 9. Enforcement. 
Sec. 10. Findings by Secretary. 
Sec. 11. Reporting requirements; disclosure of information. 
Sec. 12. Closed Area stowage requirements. 
Sec. 13. Observers. 
Sec. 14. Technical assistance. 
Sec. 15. Arbitration. 
Sec. 16. Disposition of fees, penalties, forfeitures, and other moneys. 
Sec. 17. Additional agreements. 
SEC. 2. AMENDMENT OF SOUTH PACIFIC TUNA ACT OF 1988. 
Except as otherwise expressly provided, wherever in 
this Act 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 South Pacific Tuna Act of 1988 (16 
U.S.C. 973 et seq.). 
SEC. 3. DEFINITIONS. 
(a) APPLICABLE NATIONAL LAW.—Section 2(4) (16 
U.S.C. 973(4)) is amended by striking ‘‘described in para-
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graph 1(a) of Annex I of’’ and inserting ‘‘noticed and in 
effect in accordance with’’. 
(b) CLOSED AREA.—Section 2(5) (16 U.S.C. 973(5)) 
is amended by striking ‘‘of the closed areas identified in 
Schedule 2 of Annex I of’’ and inserting ‘‘area within the 
jurisdiction of a Pacific Island Party that is closed to ves-
sels pursuant to a national law of that Pacific Island Party 
and is noticed and in effect in accordance with’’. 
(c) FISHING.—Section 2(6) (16 U.S.C. 973(6)) is 
amended— 
(1) in subparagraph (C), by inserting ‘‘for any 
purpose’’ after ‘‘harvesting of fish’’; and 
(2) by amending subparagraph (F) to read as 
follows: 
‘‘(F) use of any other vessel, vehicle, air-
craft, or hovercraft, for any activity described in 
this paragraph except for emergencies involving 
the health or safety of the crew or the safety of 
a vessel.’’. 
(d) FISHING
VESSEL.—Section 2(7) (16 U.S.C. 
973(7)) is amended by striking ‘‘commercial fishing’’ and 
inserting ‘‘commercial purse seine fishing for tuna’’. 
(e) LICENSING
AREA.—Section 2(8) (16 U.S.C. 
973(8)) is amended by striking ‘‘in the Treaty Area’’ and 
all that follows and inserting ‘‘under the jurisdiction of a 
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Pacific Island Party, except for internal waters, territorial 
seas, archipelagic waters, and any Closed Area.’’. 
(f) LIMITED AREA; PARTY; TREATY AREA.—Section 2 
(16 U.S.C. 973) is amended— 
(1) by striking paragraphs (10), (13), and (18); 
(2) by redesignating paragraphs (11) and (12) 
as paragraphs (10) and (11), respectively; 
(3) by redesignating paragraph (14) as para-
graph (12); and 
(4) by redesignating paragraphs (15) through 
(17) as paragraphs (14) through (16), respectively. 
(g) REGIONAL TERMS AND CONDITIONS.—Section 2 
(16 U.S.C. 973) is amended by inserting after paragraph 
(12), as so redesignated, the following: 
‘‘(13) The term ‘regional terms and conditions’ 
means any of the terms or conditions attached by the 
Administrator to the license issued by the Adminis-
trator, as notified by the Secretary.’’. 
SEC. 4. PROHIBITED ACTS. 
(a) IN GENERAL.—Section 5(a) (16 U.S.C. 973c(a)) 
is amended— 
(1) by striking ‘‘Except as provided in section 6 
of this Act, it’’ at the beginning and inserting ‘‘It’’; 
(2) by striking paragraphs (3) and (4); 
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SEC. 8. LICENSES. 
(a) FORWARDING AND TRANSMITTAL OF VESSEL LI-
CENSE APPLICATION.—Section 9(b) (16 U.S.C. 973g(b)) is 
amended to read as follows: 
‘‘(b) In accordance with subsection (e), and except as 
provided in subsection (f), the Secretary shall forward a 
vessel license application to the Administrator whenever 
such application is in accordance with application proce-
dures established by the Secretary.’’. 
(b) FEES AND SCHEDULES.—Section 9(c) (16 U.S.C. 
973g(c)) is amended to read as follows: 
‘‘(c) Fees required under the Treaty shall be paid in 
accordance with the Treaty and any procedures established 
by the Secretary.’’. 
(c) MINIMUM FEES REQUIRED TO BE RECEIVED IN 
INITIAL YEAR OF IMPLEMENTATION FOR FORWARDING AND 
TRANSMITTAL OF LICENSE APPLICATIONS.—Section 9 (16 
U.S.C. 973g) is amended— 
(1) by striking subsection (f); 
(2) by redesignating subsections (g) and (h) as 
subsections (f) and (g), respectively; 
(3) by amending subsection (f), as so redesig-
nated, to read as follows: 
‘‘(f) The Secretary, in consultation with the Secretary 
of State, may determine that a license application should 
not be forwarded to the Administrator if— 
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‘‘(1) the application is not in accordance with 
the Treaty or the procedures established by the Sec-
retary; or 
‘‘(2) the owner or charterer— 
‘‘(A) is the subject of proceedings under the 
bankruptcy laws of the United States, unless rea-
sonable financial assurances have been provided 
to the Secretary; 
‘‘(B) has not established to the satisfaction 
of the Secretary that the fishing vessel is fully in-
sured against all risks and liabilities normally 
provided in maritime liability insurance; or 
‘‘(C) has not paid any penalty which has 
become final, assessed by the Secretary in accord-
ance with this Act.’’; and 
(4) in subsection (g), as so redesignated— 
(A) by amending paragraph (1) to read as 
follows: 
‘‘(1) chapter 12113 of title 46, United States 
Code;’’; 
(B) in paragraph (2), by inserting ‘‘of 
1972’’ after ‘‘Marine Mammal Protection Act’’; 
(C) in paragraph (3), by inserting ‘‘of 
1972’’ after ‘‘Marine Mammal Protection Act’’; 
and 
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(D) in the matter that follows paragraph 
(3), by striking ‘‘any vessel documented’’ and all 
that follows and inserting the following: 
‘‘any vessel documented under the laws of the United States 
as of the date of enactment of the Fisheries Act of 1995 
for which a license has been issued under subsection (a) 
may fish for tuna in the Licensing Area, and on the high 
seas and in waters subject to the jurisdiction of the United 
States west of 146° west longitude and east of 129.5° east 
longitude in accordance with international law, subject to 
the provisions of the Treaty, this Act, and other applicable 
law, provided that no such vessel intentionally deploys a 
purse seine net to encircle any dolphin or other marine 
mammal in the course of fishing.’’. 
SEC. 9. ENFORCEMENT. 
(a) NOTICE
REQUIREMENTS
TO
PACIFIC
ISLAND 
PARTY CONCERNING INSTITUTION AND OUTCOME OF LEGAL 
PROCEEDINGS.—Section 10(c)(1) (16 U.S.C. 973h(c)(1)) is 
amended— 
(1) by striking ‘‘paragraph 8 of Article 4 of’’; 
and 
(2) by striking ‘‘Article 10 of’’. 
(b) SEARCHES AND SEIZURES BY AUTHORIZED OFFI-
CERS; LIMITATIONS ON POWER.—Section 10(d)(1)(A) (16 
U.S.C. 973h(d)(1)(A)) is amended— 
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(1) in clause (ii), by striking ‘‘or’’ at the end; 
and 
(2) in clause (iii), by adding ‘‘or’’ at the end. 
SEC. 10. FINDINGS BY SECRETARY. 
(a) ORDER TO LEAVE WATERS UPON FAILURE TO 
SUBMIT TO JURISDICTION OF PACIFIC ISLAND PARTY; PRO-
CEDURE APPLICABLE.—Section 11(a) (16 U.S.C. 973i(a)) 
is amended— 
(1) by striking ‘‘, all Limited Areas,’’; 
(2) in paragraph (1)— 
(A) in subparagraph (A), by striking 
‘‘paragraph 2 of Article 3 of’’; and 
(B) in subparagraph (C), by striking ‘‘with-
in the Treaty Area’’ and inserting ‘‘under the ju-
risdiction’’; and 
(3) in paragraph (2)— 
(A) in subparagraph (A), by striking ‘‘sec-
tion 5 (a)(4), (a)(5), (b)(2), or (b)(3)’’ and in-
serting ‘‘paragraph (4) of section 5(a) or para-
graphs (2) or (3) of section 5(b)’’; 
(B) in subparagraph (B), by striking ‘‘(7)’’ 
and inserting ‘‘(6)’’; and 
(C) in subparagraph (C), by striking ‘‘(7)’’ 
and inserting ‘‘(6)’’. 
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(b) ORDER OF VESSEL TO LEAVE WATERS WHERE PA-
CIFIC ISLAND PARTY INVESTIGATING ALLEGED TREATY IN-
FRINGEMENT.—Section 11(b) (16 U.S.C. 973i(b)) is amend-
ed by striking ‘‘paragraph 7 of Article 5 of’’. 
SEC. 11. REPORTING REQUIREMENTS; DISCLOSURE OF IN-
FORMATION. 
Section 12 (16 U.S.C. 973j) is amended to read as fol-
lows: 
‘‘SEC. 12. REPORTING. 
‘‘(a) PROHIBITED DISCLOSURE OF CERTAIN INFORMA-
TION.—The Secretary shall keep confidential and may not 
disclose the following information, except in accordance 
with subsection (b): 
‘‘(1) Information provided to the Secretary by 
the Administrator that the Administrator has des-
ignated confidential. 
‘‘(2) Information collected by observers. 
‘‘(3) Information submitted to the Secretary by 
any person in compliance with the requirements of 
this Act. 
‘‘(b) PERMITTED DISCLOSURE OF CERTAIN INFORMA-
TION.—The Secretary may disclose information described 
in subsection (a)— 
‘‘(1) if disclosure is ordered by a court; 
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‘‘(2) if the information is used by a Federal em-
ployee— 
‘‘(A) for enforcement; or 
‘‘(B) in support of the homeland and na-
tional security missions of the Coast Guard as 
defined in section 888 of the Homeland Security 
Act of 2002 (6 U.S.C. 468); 
‘‘(3) if the information is used by a Federal em-
ployee or an employee of the Fishery Management 
Council for Treaty administration or fishery manage-
ment and monitoring; 
‘‘(4) to the Administrator, in accordance with 
the requirements of the Treaty and this Act; 
‘‘(5) to the secretariat or equivalent of an inter-
national fisheries management organization of which 
the United States is a member, in accordance with 
the requirements or decisions of such organization, 
and insofar as possible, in accordance with an agree-
ment that prevents public disclosure of the identity of 
any person that submits such information; 
‘‘(6) if the Secretary has obtained written au-
thorization from the person providing such informa-
tion, and disclosure does not violate other require-
ments of this Act; or 
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‘‘(7) in an aggregate or summary form that does 
not directly or indirectly disclose the identity of any 
person that submits such information.’’. 
SEC. 12. CLOSED AREA STOWAGE REQUIREMENTS. 
Section 13 (16 U.S.C. 973k) is amended by striking 
‘‘. In particular, the boom shall be lowered’’ and all that 
follows and inserting ‘‘and in accordance with any require-
ments established by the Secretary.’’. 
SEC. 13. OBSERVERS. 
Section 14 (16 U.S.C. 973l) is repealed. 
SEC. 14. TECHNICAL ASSISTANCE. 
Section 15 (16 U.S.C. 973m) is amended to read as 
follows: 
‘‘SEC. 15. TECHNICAL ASSISTANCE. 
‘‘The Secretary and the Secretary of State may provide 
assistance to a Pacific Island Party to benefit such Pacific 
Island Party from the development of fisheries resources 
and the operation of fishing vessels that are licensed pursu-
ant to the Treaty, including— 
‘‘(1) technical assistance; 
‘‘(2) training and capacity building opportuni-
ties; 
‘‘(3) facilitation of the implementation of private 
sector activities or partnerships; and 
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‘‘(4) other activities as determined appropriate 
by the Secretary and the Secretary of State.’’. 
SEC. 15. ARBITRATION. 
Section 16 (16 U.S.C. 973n) is amended— 
(1) by striking ‘‘Article 6 of’’ after ‘‘arbitral tri-
bunal under’’; and 
(2) by striking ‘‘paragraph 3 of that Article’’, 
and inserting ‘‘the Treaty, shall determine the loca-
tion of the arbitration’’. 
SEC. 16. DISPOSITION OF FEES, PENALTIES, FORFEITURES, 
AND OTHER MONEYS. 
Section 17 (16 U.S.C. 973o) is amended by striking 
‘‘Article 4 of’’. 
SEC. 17. ADDITIONAL AGREEMENTS. 
Section 18 (16 U.S.C. 973p) is amended by striking 
‘‘Within 30 days after’’ and all that follows and inserting 
‘‘The Secretary may establish procedures for review of any 
agreements for additional fishing access entered into pursu-
ant to the Treaty.’’. 
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Union Calendar No. 354 
118TH CONGRESS 
2D SESSION 
H. R. 1792 
[Report No. 118–429] 
A BILL 
To amend the South Pacific Tuna Act of 1988, and 
for other purposes. 
MARCH 21, 2024 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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